EPA530-R-98-005b
SUB-9224-98-002
MONTHLY HOTLINE REPOmFCEiv
February 1998
y I HAh'
RCRA, Super-fund, and EPCRA
(ENVIRONMENT
LIBRAK1'
Hotline Questions & Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Storage Tanks (UST) 3
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) 3
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Underground Storage Tanks (UST) 7
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) 8
Emergency Planning and Community Right-to-Know 9
Federal Registers
Final Rules 11
Proposed Rules 12
Notices 12
Call Analyses
Caller Profiles 17
Hotline Topics 19
RCRA, Superfund, and EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-W6-0016.
Judi Kane, Project Officer
Sheretta Dixon, Alternate Project Officer
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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MONTHLY HOTLINE REPORT
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,
1996, and 1997 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
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Subject: SUBSCRIBE TO LISTSERVERS
Message: SUBSCRIBE
HOTLINE_OSWER your first name your
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For example, SUBSCRIBE
HOTLINEJDSWER JOHN SMITH
• To receive the Help file with useful
commands for users send an e-mail to:
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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-9224-98-000
January 1998
February 1998
RCRA Docket
SUB-9224-98-001
SUB-9224-98-002
EPA and state personnel can order the Monthly
Hotline Report from the RCRA Docket at
(703) 603-9230. The order number for the 1998
yearly subscription is EiPA530-R-98-005.
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Storage of Mixed Waste in Violation
of RCRA §30040) Storage
Prohibition
RCRA§3004(j) prohibits the storage of any
prohibited hazardous waste, including
radioactive mixed waste, except for the
purpose of accumulating quantities necessary
to facilitate proper waste recovery, treatment,
or disposal (§268.50). A "prohibited"
hazardous waste is a waste ineligible for land
disposal unless it meets the land disposal
restrictions treatment standards found in
§268.40 and is currently subject to those
standards. EPA has concluded that when no
viable treatment for the waste exists, storage
of a waste pending development of such
treatment technology does not "constitute
storage to accumulate sufficient quantities to
facilitate proper treatment or disposal" (61
FR 18588; April 26, 1996). While the Federal
Facility Compliance Act of 1992 (FFCA) did
exempt certain Department of Energy (DOE)
facilities storing mixed waste from §3004(j), it
did not exclude non-DOE and commercial
facilities. How does EPA enforce the RCRA
§3004(j) storage prohibition at non-DOE and
commercial facilities currently storing mixed
waste in violation of this provision?
In response to the current lack of treatment
and disposal capacity for mixed waste, EPA
has established an enforcement policy for
facilities storing mixed waste in violation of
the RCRA §3004(j) storage prohibition (56
FR 42730; August 29, 1991). The policy
states that commercial facilities storing mixed
waste in violation of §3004(j) due to a lack of
available treatment or disposal capacity are
considered by EPA to be a reduced or low
priority among potential civil enforcement
actions as long as the waste is managed in an
environmentally responsible manner. The
enforcement policy applies only to those
facilities generating small amounts of mixed
waste. EPA believes a facility is managing its
mixed waste in an environmentally
responsible manner when it can demonstrate
that it has: conducted an inventory of the
facility's mixed waste storage areas to assess
and assure compliance with all other
applicable RCRA storage standards; identified
and maintained records of all mixed wastes
generated; developed and implemented, where
feasible, a mixed waste minimization plan;
and documented good faith efforts to find
available treatment technologies and disposal
capacity for its stored mixed waste. The
enforcement policy does not apply to
prohibited mixed wastes for which treatment
technology or disposal capacity exists, or
becomes available prior to April 1998.
EPA's primary enforcement concern is with
violations of §3004(j) by generators who are
storing mixed wastes for which treatment or
disposal capacity is available, or who are not
managing their waste in an environmentally
responsible manner. It is important to note
that the enforcement policy applies only to
civil judicial and administrative enforcement,
and does not extend to criminal violations of
RCRA, for which the U.S. Attorney General
has sole prosecutorial discretion.
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Hotline Questions and Answers
February 1998
The original enforcement policy was
scheduled to terminate on December 31, 1993,
with the provision that EPA may renew it
beyond 1993 if necessary. Since that time,
EPA has extended the enforcement policy
twice. The first extension, in 1994, extended
the policy for two years, until April 20, 1996
(59 FR 18813; April 20, 1994). This extension
did not apply to executive branch federal
facilities, as these facilities were still eligible
for the FFCA's three-year delay of the waiver
of sovereign immunity. The Second extension
came in 1996 and set the expiration date of
April 20, 1998 (61 FR 18588; April 26, 1996).
Since the FFCA three-year delay has expired,
the enforcement policy now applies to
executive branch federal facilities other than
DOE and joint Navy/DOE Naval Nuclear
Propulsion Program (NNPP) facilities.
2. Definition of Transporter and
Transporter Signature on Manifest
A generator contracts with a hazardous
waste transport company to haul hazardous
waste from the generator to a TSDF. While in
transit, the driver of the truck brings the
hazardous waste to a transfer facility. A
second driver, from the same transport
company, hauls the waste from the transfer
facility to the TSDF. Must the generator
identify the second driver on the manifest as a
second transporter? Must the second driver
sign the manifest since he is a new individual
taking possession of the waste?
The generator does not need to identify the
second driver on the manifest, nor would the
second driver need to sign the manifest when
he takes possession of the waste. When the
same transport company conducts all
transportation activities, and there is no
interruption in that company's custody and
control, it is unnecessary for generators to
identify individual drivers of a transport
company on the manifest.
The term "transporter" and a transporter's
EPA identification number refer to the entire
company involved in the transport of
hazardous waste, not individuals within the
company. Custody of a given shipment of
hazardous waste lies with the entity that is
associated with the EPA identification number
listed on the manifest,, not with the individual
operating the transport vehicle. Therefore,
when waste shipments are exchanged among
individuals within the same transport company,
a generator is not required to identify those
individuals as multiple transporters on the
manifest and no signature is required of those
drivers. The signature and EPA identification
number of a second transporter are required on
the manifest only when a second transport
company, with its own EPA identification
number, takes possession of the waste.
3. Certification of Tank Closure During
Partial Closure
Owners or operators of treatment, storage,
or disposal facilities (TSDF) must submit a
written closure plan identifying the steps to be
performed during partial and/or final closure
of their facility (§§264.112/265.112). Partial
closure is the closure of only one or more
hazardous waste management units, while
other units at the same facility continue to
operate (§260.10). In contrast, final closure
means the closure of all hazardous waste
management units at the facility. To
demonstrate that final closure has been
completed, the owner or operator must obtain
certification from an independent registered
professional engineer that closure has been
completed in accordance with the
specifications of the closure plan (§§264.1157
265.115). Does an owner or operator of a
permitted or interim status hazardous waste
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February 1998
Hotline Questions and Answers
storage tank need to certify partial closure if
the tank is the only unit being closed at the
TSDF?
Owners or operators are not required to
certify partial closure of tanks until all
hazardous waste management units are closed
and final closure is certified for the entire
facility. Owners or operators may without
difficulty certify closure for tanks, containers,
and incinerators in accordance with the
approved closure plan at final closure (51 FR
16422, 16433; May 2, 1986). Although these
units do not require certification during partial
closure, the owner or operator is still required
to remove or decontaminate all waste residues,
contaminated tank system components, and
contaminated soils in accordance with their
approved closure plan (§§264.197/265.197).
In addition to the federal requirements, owner
or operators should contact their state agencies,
which may have additional closure provisions.
UST
4. Water-Cooling USTs and Leak
Detection Requirements
Underground storage tanks (USTs), for the
purposes of the federal regulations in 40 CFR
Part 280, are defined as any one or
combination of tanks, and their associated
piping, which are used to contain an
accumulation of regulated substances and that
are 10 percent or more beneath the ground
(§280.12). Regulated substances include
petroleum products and hazardous substances
identified under CERCLA §101(14). A series
of connected USTs containing glycol ether, a
regulated substance, are used to cool water for
a production process. The tanks are subject to
the upgrading requirements for existing tanks
because the system was in use prior to
December 22, 1988 (§280.21). The owner has
met all of the requirements for upgrading
existing UST systems except for the spill and
overfill requirements. The tank system
operates as a closed system: there is never any
addition or removal of glycol ether. Does the
tank system still need to meet the upgrading
requirements for spill and overfill protection if
there is never any transfer of product?
USTs must have spill and overfill protection
(§280.20(c)). The tank would need spill and
overfill devices such as a spill catchment basin
or bucket, along with an automatic shut-off
device, flow restrictor, or alarm, in order to
comply with the spill and overfill requirements
in §280.20(c). However, tanks which have
product transfers of 25 gallons or less are not
subject to the spill and overfill standards
(§280.20(c)(2)(ii)). Therefore, if the water-
cooling tanks received 25 gallons or less of
glycol ether at any one time the tanks would
not be subject to the spill and overfill
requirements. Also, under §280.20(c)(2)(i),
the implementing agency may approve
alternative equipment.
CERCLA
5. Administrative Subpoenas Under
CERCLA
As a result of a Potentially Responsible Party
(PRP) Search, EPA identifies four parties
primarily responsible for the contamination of
a site listed on the National Priorities List
(NPL). During settlement negotiations with
one of these PRPs, EPA seeks to determine the
financial viability of the party. In order to
accomplish this, may EPA issue an
administrative subpoena compelling either
testimony and/or the production of documents?
Yes. CERCLA §122(e)(3)(B) authorizes
EPA to gather by subpoena information,
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Hotline Questions and Answers February 1998
including financial information, relevant to
settlement issues. A court has previously
addressed a similar situation to that presented
in the question and upheld EPA's use of a
CERCLA subpoena to gather financial
information over the subpoena recipient's
objection (United States v. Northside Sanitary
Landfill, Inc., Misc. No. 889-95 (S.D. Ind.
May 4, 1990)).
In general, administrative subpoenas may be
issued as "necessary and appropriate" for
performing a non-binding preliminary
allocation of responsibility (NB AR) "or for
otherwise implementing" CERCLA §122. An
administrative subpoena may be used in
negotiations with some or all affected PRPs, or
where EPA judges that available information
points, to favorable prospects for settlement.
It is EPA's policy that, as a practical matter,
subpoenas may and should be issued whenever
responses to §104(e) information requests
indicate that a person is connected to a site as a
PRP, and that settlement may be an appropriate
resolution of the matter (Recommendations
Concerning the Use and Issuance of
Administrative Subpoenas under §122. EPA,
Office of Enforcement, August 30, 1991).
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NEW PUBLICATIONS
HOW TO ORDER
NTISi 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 (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: Measuring Recycling: EPA's
Voluntary Standard Method
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-048
This pamphlet describes the document
Measuring Recycling: A Guide for State and
Local Governments and its positive effect on
the collection of recycling data.
TITLE: Partnership in Solid Waste
Management
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-050
This brochure details the positive aspects of
initiating partnerships in solid waste
management between municipalities and tribal
groups.
TITLE: Preparing Successful Grant Proposals
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-051
This brochure provides a step-by-step approach
to the grant proposal process and includes a
case study of an Alaskan tribe's grant proposal
for a "Jobs-through-Recycling" grant.
TITLE: Waste Minimization National Plan:
Reducing Toxics in Our Nation's Waste
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-028
This folder contains fact sheets detailing waste
minimization successes from individual
corporations. These include corporations such
as the Charles H. Lilly Corporation, the Ford
Motor Company, and the HADCO
Corporation. It also contains the Waste
Minimization: Reducing Toxics in Our
Nation's Waste brochure. EPA530-F-97-010,
and the most recent Strategy Update
newsletter.
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New Publications
February 1998
TITLE: Waste Minimization: Increased
Profits and Productivity, HADCO Corporation
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-009
This fact sheet details the success of the waste
minimization program at the HADCO
Corporation, a manufacturer of electronic
components.
TITLE: Waste Minimization: Increased
Profits and Productivity, Harris Corporation
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-020
This fact sheet explains the Harris
Corporation's successes with its waste
minimization program in their radio and
television transmitters manufacturing process.
TITLE: Waste Minimization: Reduction in
Combustible Waste, FMC Corporation
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-021
This fact sheet details the success of the waste
minimization program at the FMC
Corporation, which reduced combustible waste
by recycling solvents.
TITLE: Waste Minimization: Increased
Profits and Productivity, PPG Industries
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-022
This fact sheet enumerates PPG Industries'
successes with their waste minimization
program in their automotive coatings plant.
TITLE: Waste Minimization: Reducing
Releases of Chlorinated Solvents, Ford Motor
Company
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-023
This fact sheet details the success of the waste
minimization program at Ford Motor
Company. They accomplished this success
through a change in the design of the
production line.
TITLE: Waste Minimization: Relief from
RCRA Large Quantity Generator Status:
105th Airlift Wing, New York Air National
Guard
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-024
This fact sheet details the success of the waste
minimization program for the New York Air
National Guard. They were able to move from
large quantity to small quantity generator
status.
TITLE: Waste Minimization: Increased
Profits and Productivity, Charles H. Lilly
Company
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-025
This fact sheet details the success of the waste
minimization program for the Lilly Company.
The company implemented a reuse system for
their wastewater, thereby changing from large
quantity to small quantity generator.
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February 1998
New Publications
TITLE: Waste Minimization: Reducing Paint
Waste Through Efficiency: General Motors
Hamtramck Plant
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-026
This fact sheet details the success of the waste
minimization program for the General Motors
plant. Changes to their process were
implemented in order to minimize the amount
of waste they generate.
UST
TITLE: Controlling UST Cleanup Costs: Fact
Sheets
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-98-008
This series of five fact sheets is newly
available as one document. It provides basic
information for owners and operators on the
UST cleanup process, including hiring a
contractor, negotiating the contract,
interpreting the bill, managing the process, and
understanding contractor "code words."
TITLE: Federal UST Technical Regulations
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA510-F-98-009
URL: http://www.epa.gov/swerustl/fedlaws/
index.htm
This document is a partial reprint of the UST
technical standards found in 40 CFR Part 280;
the document excludes Subpart H, on financial
responsibility, and Subpart I, on lender
liability.
TITLE: MTBE Fact Sheet #1: Overview
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA510-F-98-001
URL: http://www.epa.gov/OUST/mtbe
This fact sheet discusses the use, regulation
and health effects of the fuel additive methyl
tertiary-butyl ether (MTBE).
TITLE: MTBE Fact Sheet #2: Remediation
of MTBE Contaminated Soil and Groundwater
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA510-F-98-002
URL: http://www.epa.gov/OUST/mtbe
This fact sheet outlines remediation techniques
for MTBE-contaminated soil and groundwater,
including the relative merits of different
remediation techniques and contrasting MTBE
remediation with other petroleum hydrocarbon
remediation.
TITLE: MTBE Fact Sheet #3: Use and
Distribution of MTBE and Ethanol
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA510-F-98-003
URL: http://www.epa.gov/OUST/mtbe
This fact sheet discusses why MTBE is used as
a gasoline additive, and the extent of its use in
the United States.
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New Publications
February 1998
CERCLA
TITLE: Risk Assessment Guidance for
Superfund: Volume I, Human Health
Evaluation Manual (Part D, Standardized
Planning, Reporting, and Review of Superfund
Risk Assessments), Interim Final
AVAILABILITY: Internet
OSWER DIRECTIVE NO.: 9285.7-Old
URL: http ://www .epa. gov/superfund/oerr/
techres/ragsd/ragsd.html
This document is the fourth part in a series of
guidance manuals on Superfund human health
risk assessment. This manual provides
guidance on standardized risk assessment
planning, reporting, and review throughout the
CERCLA remedial process, from scoping
through remedy selection and completion. The
guidance does not address standardization of
ecological risk assessments, nor does it discuss
the risk management decisions that are
necessary at a CERCLA site (e.g., selection of
final remediation goals).
TITLE: Interim Guidance on Maximizing
Insurers' Contributions to Responses at
Residences Contaminated with Methyl
Parathion
AVAILABILITY: Internet
URL: http://es.epa.gov/oeca/osre/costrec.html
This document provides guidance to EPA
Regions on maximizing contributions from
property owners' insurers, in the form of
payments on policy claims and/or response
work, to reduce EPA's costs for temporary
relocation of homeowners and for
decontamination and restoration of residences
contaminated by methyl parathion.
TITLE: Policy on Interpreting CERCLA
Provisions Addressing Lenders and
Involuntary Acquisitions by Government
Entities
AVAILABILITY: Internet
URL: http://es.epa.gov/oeca/osre/liabil.html
This policy clarifies the circumstances in
which EPA intends to apply as guidance the
provisions of the CERCLA Lender Liability
Rule and its preamble in interpreting
CERCLA's amended secured creditor
exemption. The document also reminds
readers of the effects of the CERCLA Lender
Liability Rule and the sections of the preamble
that address involuntary acquisitions by
government entities.
TITLE: Final Guidance on the Issuance of
Administrative Orders Under §§31 l(c) and (e)
of the Clean Water Act
AVAILABILITY: Internet
URL: http://es.epa.gov/oeca/osre/opa-ust.html
This document describes the legal authority for
the issue of administrative orders for the
cleanup and prevention of discharges and
threatened discharges of oil and hazardous
substances into navigable waters, adjoining
shorelines, and certain other areas. The
guidance recommends joint use of the
§§31 l(c) and (e) enforcement authorities
whenever possible because of the broader
reach of orders issued under both authorities.
Joint orders, as well as orders issued under the
separate authorities, may be issued either
unilaterally or by consent.
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February 1998
New Publications
TITLE: Transmittal of Policy for Municipality
and Municipal Solid Waste CERCLA
Settlements at NPL Co-Disposal Sites
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB98-118 003
URL: http://es.epa.gov/oeca/osre/settle.htrnl
This document states that EPA will continue
its policy of generally not identifying
generators and transporters of municipal solid
waste (MSW) as potentially responsible parties
at NPL sites. In addition, this MSW Policy
identifies a presumptive settlement range for
municipal owners and operators of co-disposal
sites on the NPL who want to settle their
Superfund liability.
TITLE: Reporting Requirements for
Continuous Releases of Hazardous Substances:
A Guide for Facilities on Compliance
AVAILABILITY: Internet
OSWER DIRECTIVE NO.: 9360.7-01 A
URL: http://www.epa.gov/superfund/oerr/
techres/cr_erns/faciliti.htm
This guidance provides definitions and
explanations of the reporting requirements for
continuous releases. The document is
designed for those facilities that choose to
report using the reduced reporting continuous
release option and provides facilities with
necessary information for meeting this
requirement. This 1997 revised edition of
Reporting Requirements for Continuous
Releases of Hazardous Substances: A Guide
for Facilities on Compliance replaces and
updates the October 1990 edition.
TITLE: Assessing Reports of Continuous
Releases of Hazardous Substances: A Guide
for EPA Regions
AVAILABILITY: Internet
OSWER DIRECTIVE NO.: 9360.7-04A
URL: http://www.epa.gov/superfund/oerr/
techres/cr_erns/region.htm
This guidance provides EPA Regional
personnel definitions and explanations of the
reporting requirements for continuous releases.
The guide is divided into two parts: part one
provides general information regarding the
continuous release rule; part two contains
detailed information regarding specific
portions of the rule. This 1997 revised edition
of Assessing Reports of Continuous Releases
of Hazardous Substances A Guide for EPA
Regions replaces and updates the October 1990
edition.
EPCRA
TITLE: Emergency Planning and Community
Right-to-Know Act Section 313 Addendum to
the Guidance Documents for the Newly Added
Industries
AVAILABILITY: Hotline
EPA DOCUMENT NO.: 745-B-98-001
URL: http://www.epa.gov/opptintr/tri/
industry.htm
This publication clarifies and provides
additional guidance to industries recently
added to the list of industry sectors that must
make threshold determinations under EPCRA
§313. Presented in question and answer
format, the addendum addresses issues raised
during training sessions held for newly added
facilities in 1997. The addendum also amends
and clarifies portions of the industry specific
guidance (EPA745-B-97-011 through
EPA745-B-97-016).
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New Publications
February 1998
TITLE: Risk Management Program:
RMP*Submit™ RMP*Info™
AVAILABILITY: Hotline
EPA DOCUMENT NO.: 550-F-98-012
URL: http://www.epa.gov/swercepp/fct-
shts.html
Under the Accidental Release Prevention
program of the CAA § 112(r), certain stationary
sources are required to submit risk
management plans (RMPs) by June 21, 1999.
This fact sheet briefly describes RMP*Submit,
the software that EPA is developing to assist
stationary sources in submission of RMPs, and
RMP*Info, the access system currently being
developed to provide the public with access to
RMP data.
TITLE: LandView™ III
AVAILABILITY: Hotline
EPA DOCUMENT NO.: 550-F-98-012
URL: http://www.epa.gov/swercepp/fct-
shts.html
This fact sheet announces availability of
LandView III, a CD-ROM that combines
geographic, demographic, and environmental '
information extracted from EPA, Bureau of
Census, U.S. Geological Survey, Nuclear
Regulatory Commission, Department of
Transportation, and the Federal Emergency
Management Agency databases. Users may
use LandView III to display, query, and
analyze maps and corresponding data.
TITLE: Interim Final Enforcement Response
Policy for Sections 304, 311, and 312 of the
Emergency Planning and Community Right-to-
Know Act and Section 103 of the
Comprehensive Environmental Response,
Compensation, and Liability Act
AVAILABILITY: Hotline
EPA DOCUMENT NO.: NA
URL: http://es.epa.gov/oeca/ore/tped/
toxpest.html
The purpose of this enforcement response
policy is to aid in calculating proposed
penalties for all civil administrative actions
under EPCRA §§304, 311, and 312 as well as .
§103 of CERCLA. The policy describes
penalty authorities and discusses determining
the nature, extent, gravity and circumstances of
a violation. This policy supercedes the
June 13, 1990, final penalty policy.
10
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672
Electronic Availability
Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via
EPA's Public Access Servers. The servers are accessible at:
World Wide Web: http://www.epa.gov
FTP: ftp.epa.gov
EPA Federal Registers are organized by date on the World Wide Web (starting from October 1994).
Go to: http://www.epa.gov/fedrgstr
For RCRA/UST and selected CERCLA Federal Registers, choose: Federal Register (FR) - Waste.
For selected EPCRA Federal Registers, choose: Federal Register (FR) - Toxic Release Inventory.
FINAL RULES
RCRA
"Clarification to Technical
Amendments to Solid Waste
Programs; Management Guidelines
for Beverage Containers and
Resource Recovery Facilities
Guidelines"
February 4,1998 (63 FR 5739)
EPA clarified a technical amendment
correcting the effective date of a direct final
rule published on December 31, 1996 (61 FR
69032). The amendment changes the
effective date of the final rule to December
30, 1997. The rule removed solid waste
management guidelines for beverage
containers (40 CFR Part 244) and guidelines
for resource recovery facilities (40 CFR Part
245).
"Technical Amendments to Alabama:
Final Authorization of Revisions to
State's Hazardous Waste
Management Program; Correction of
Effective Date Under Congressional
Review Act (CRA)"
February 10,1998 (63 FR 6666)
EPA announced a correction in the effective
date for approval of Alabama's hazardous
waste program. The effective date was
changed from January 20, 1998, to
February 6, 1998.
CERCLA
"Reimbursement to Local
Governments for Emergency
Responses to Hazardous Substances;
Final Rule"
February 18,1998 (63 FR 8284)
EPA published the interim final rule to
streamline the procedures used to reimburse
11
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Federal Registers
February 1998
local governments for costs incurred in taking
temporary emergency measures related to
releases of hazardous substances. The
requirements found at 40 CFR Part 310 have
been reorganized for clarity into a question
and answer format. EPA revised the
regulation to ease reporting requirements and
simplify the procedures that local
governments follow when applying for
reimbursement.
PROPOSED RULES
Cross-Program
"Effluent Limitations Guidelines,
Pretreatment Standards and New
Source Performance Standards for
the Landfills Point Source Category"
February 6,1998 (63 FR 6425)
EPA proposed to develop Clean Water Act
(CWA) national effluent limitations for
wastewater discharges to navigable waters
associated with the operation of new and
existing hazardous and non-hazardous landfill
facilities regulated under RCRA Subtitle C or
Subtitle D. Comments on the proposal must
be received by May 7, 1998, and a public
hearing and workshop is scheduled for
February 24, 1998.
"Consolidated Rules of Practice
Governing the Administrative
Assessment of Civil Penalties,
Issuance of Compliance or Corrective
Action Orders, and the Revocation,
Termination, and Suspension of
Permits"
February 25,1998 (63 FR 9464)
EPA proposed technical amendments to the
Consolidated Rules of Practice (CROP)
governing the administrative assessment of
civil penalties in 40 CFR Part 22. Comments
on the proposal must be submitted on or
before April 27, 1998.
NOTICES
Cross-Program
"Multi-Agency Radiation Survey and
Site Investigation Manual"
February 11,1998 (63 FR 6915)
The Department of Defense, Department of
Energy, EPA, and the U.S. Nuclear
Regulatory Commission are announcing the
availability for use of the "Multi-Agency
Radiation Survey and Site Investigation
Manual" (MARSSIM), a multi-agency
consensus document.
RCRA
"Technical Amendments to West
Virginia; Final Approval of State
Underground Storage Tank Program;
Correction of Effective Date under
Congressional Review Act (CRA)"
February 10,1998 (63 FR 6667)
EPA announced a correction in the effective
date for approval of West Virginia's
underground storage tank program. The
effective date was changed from October 23,
1997 to February 10, 1998.
"Information Collection Request for the
Land Disposal Restrictions Surface
Impoundment Study"
February 10,1998 (63 EB 6752)
EPA requested comments on the Information
Collection Request (ICR) entitled "Land
Disposal Restrictions Surface Impoundment
Study" before submitting it to the Office of
Management and Budget (OMB) for review
12
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February 1998
Federal Registers
and approval. Comments on the ICR must be
submitted on or before April 13, 1998.
"Agency Information Collection
Activities: Submission for OMB
Review, Comment Request;
Underground Storage Tanks:
Technical and Financial
Requirements, and State Program
Approval Procedures"
February 11,1998 (63 FR 6924)
EPA announced that it has submitted the
following ICR to OMB for review and
approval: "Underground Storage Tanks:
Technical and Financial Requirements, and
State Program Approval Procedures."
Comments must be submitted on or before
March 13, 1998.
"Advisory Committee on Nuclear
Waste; Notice of Meeting"
February 12,1998 (63 FR 7188)
The Advisory Committee on Nuclear Waste
(ACNW) announced a meeting scheduled for
February 24-26, 1998. The meeting will
include discussion of recent developments in
projects such as the Yucca Mountain
repository for radioactive waste.
"Open Meeting of the Industrial Non-
Hazardous Waste Stakeholders Focus
Group"
February 18,1998 (63 FR 8196)
EPA announced an open meeting of the
Industrial Non-Hazardous Waste Stakeholders
Focus Group. The Focus Group will facilitate
the exchange of information relating to the
development of voluntary guidance for the
management of industrial waste in landfills,
waste piles, surface impoundments, and land
application units.
"Underground Injection Control
Program Hazardous Waste Land
Disposal Restrictions; Petition for
Reissuance of an Exemption - Class I
Hazardous Waste Injection Wells, E.I.
du Pont de Nemours & Co., Inc.
(DuPont)"
February 19,1998 (63 FR 8450)
EPA granted a DuPont petition for the reissue
of an exemption to the land disposal
restrictions for the Class I injection wells
located at the Victoria, Texas, facility. The
effective date for this action is February 11,
1998.
CERCLA
"National Priorities List, Celanses
Corporation Shelby Fiber Site"
February 9,1998 (62 FR 6507)
Notice of Intent for Partial Deletion
"Announcement and Publication of the
Policy for Municipality and Municipal
Solid Waste; CERCLA Settlements at
NPL Co-Disposal Sites"
February 18,1998 (63 FR 8197)
EPA announced the publication of the Policy
for Municipality and Municipal Solid Waste;
CERCLA Settlements at NPL Co-Disposal
Sites. This policy supplements the 1989 MSW
Settlement Policy and continues the agency's
policy of generally not identifying generators
and transporters of MSW as PRPs at NPL
sites. In an effort to reduce litigation costs, the
policy establishes a unit cost formula ($5.307
ton) for those generators and transporters
seeking to resolve their liability to protect
themselves from private party contribution
claims. The policy also establishes a
presumptive settlement range for municipal
owners and operators of co-disposal sites on
13
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Federal Registers
February 1998
NOTICES
the NPL who wish to resolve their liability.
The policy further establishes a settlement
baseline of 20 percent of the total estimated
response costs for the site as an amount for
municipalities to resolve owner/operator
liability; Regions may offer settlements
differing from this baseline amount, but
generally not exceeding 35 percent of the total
estimated response costs.
"Superfund Program; Revisions to
Model CERCLA RD/RA Consent
Decree"
February 25,1998 (63 FR 9541)
EPA published revisions to selected
provisions of the Model CERCLA RD/RA
Consent Decree. The revisions, which will
supersede the corresponding provisions in the
previous version of the Model published in
1995, affect future response costs, notice of
obligations to successors-in-title, and access
and institutional controls.
EPCRA
"Public Meetings on the Toxics Release
Inventory Reporting Form"
February 3,1998 (63 FR 5517)
EPA will hold approximately nine meetings
to solicit comments relating to the Toxics
Release Inventory Reporting Form R. The
purpose of the meetings is to obtain comments
and suggestions from stakeholders on ways to
streamline reporting and ease access to
available information. This notice announces
two upcoming meetings.
"Emergency Planning and Community
Right-to-Know, Section 313, Toxic
Release Inventory Reporting, Notice of
Receipt of Petition"
February 10,1998 (62 FR 6691)
EPA announced the receipt of a petition from
the Natural Resources Defense Council
(NRDC), Defenders of Wildlife, National
Audubon Society, and the Humane Society of
the United States requesting the addition of
SIC Code 45, Transportation by Air, to the list
of facilities covered under §313 of EPCRA.
EPA is seeking comment from interested or
potentially effected parties.
"Spring 1998 Training for EPCRA
Section 313 Reporting Requirements"
February 12,1998 (63 FR. 7167)
EPA announced the dates and locations of a
series of training courses on the reporting
requirements of EPCRA §313 and §6607 of
the Pollution Prevention Act. The dates of the
courses and registration information is
contained in the notice.
Consent Decrees
RCRA
"Consent Decree; United States v.
ASARCO, Inc."
February 19, 1998 (63 £B 8473)
"Consent Decree; United States v.
Metech International, Inc."
February 27, 1998 (63 FR 10040)
14
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February 1998
Federal Registers
NOTICES
CERCLA
"Consent Decree; United States v. Alcas
Cutlery Corp., etal."
February 5, 1998 (63 F_Fj 5967)
"Consent Decree; United States v. A VX
Corporation"
February 5, 1998 (63 FR 5967)
"Consent Decree; United States v.
McGraw-Edison Company"
February 5, 1998 (63 F_R 5967)
"Consent Decree; United States v. City of
Rockford, Illinois"
February 5, 1998 (63 FR 5967)
"Prospective Purchaser Agreement; ICG
Iselin Railroad Yard Superfund Site"
February 11, 1998 (63 FR 6933)
"Proposed Agreement and Covenant Not
To Sue; Allied Paper/Portage Creek/
Kalamazoo River Superfund Site"
February 12, 1998 (63 F_Fj 7168)
"Proposed Settlement; Riverfront Landfill
Superfund Site"
February 12, 1998 (63 FR 7169)
"Proposed Settlement Agreement; In re
R.C. Dick Geothermal Corporation"
February 12, 1998 (63 EE 7180)
"Proposed Settlement; LCP Chemicals
Georgia Site"
February 17, 1998 (63 F_R 7785)
"Proposed Administrative De Micromis
Settlement; Pollution Abatement Services
Superfund Site"
February 18, 1998 (63 FR 8201)
"Consent Decree; United States v. Agway,
Inc."
February 19, 1998 (63 F_E 8472)
"Consent Decree; United States v. Cowles
Media Company, etal."
February 19, 1998 (63 F_B 8474)
"Consent Decree; United States v. FAG
Bearings Corp."
February 19, 1998 (63 FR 8474)
"Consent Decree; United States v.
Hillsborough County, Florida, et al."
February 19, 1998 (63 F_Fj 8475)
"De Minimis Consent Decree; United
States v. Imlay City, et al."
February 19, 1998 (63 F_B 8475)
"Supplemental Notice of Consent Decree;
United States et al. v. City of Rockford,
Illinois"
February 24, 1998 (63 F_Fj 9261)
"Consent Decree; United States v. Harold
Shane, etal."
February 24, 1998 (63 F_R 9262)
15
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CALL ANALYSES
This month, the Hotline responded to a total of 24,492 questions and document requests.
CALLER PROFILE
RCRA/UST Hotline
Regulated Community
Citizens
State & Local Government
Native Americans
Federal Agencies
Educational Institutions
EPA
Media
Interest Groups
Congress
International
Other
Referrals*
Transfers to EPCRA/Superfund Hotline*
Document Retrieval Line*
Message Retrieval Line*
TOTAL NUMBER OF CALLERS
4,697
236
358
12
71
178
135
36
69
1
3
0
405
162
243
1,169
7,765
* No caller profile data available.
17
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Call Analyses
February 1998
Emergency Planning and Community Right-to-Kriow Act/
Superfund Hotline
Manufacturers
Food/Tobacco 54
Textiles 7
Apparel 4
Lumber & Wood 5
Furniture 3
Paper 51
Printing & Publishing 41
Chemicals 138
Petroleum & Coal 26
Rubber and Plastics 17
Leather 2
Stone, Clay & Glass 19
Primary Metals 22
Fabricated Metals 66
Machinery (Excluding Electrical) 41
Electrical & Electronic Equipment 21
Transportation Equipment 21
Instruments 64
Misc. Manufacturing 399
Subtotal 1,001
Consultants/Engineers 2,741
Attorneys 899
Citizens 655
Public Interest Groups 16
Educational Institutions 61
EPA 70
Federal Agencies 40
GOCOs 6
Congress 0
State Officials/SERC 269
Local Officials/LEPCs 129
Fire Departments 2
Hospitals/Laboratories 62
Trade Associations 3
Union/Labor 5
Farmers 10
Distributors 32
Insurance Companies 2
Media/Press 12
Native Americans 3
International 12
Other 220
Referrals* 166
Transfers to RCRA/UST Hotline* 177
Document Retrieval Line* 0
Message Retrieval Line* 123
No caller profile data available.
TOTAL NUMBER OF CALLERS 5,715
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February 1998
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
1,540
1,524'
848
884
141
91
233
43
600
34
52
453
1,910'
4081
158
157
65
425
4091
186
69
47
22
17
53
3361
102
3071
261
298
56
91
242
120
235
103
4
3041
15
1
13
1901
36
SUBTITLE D
Household Hazardous Wastes 54
Subtitle D - General 160
Technical Standards 28
Industrial Wastes 18
Municipal Wastes 98
Indian Lands 12
Financial Assurance 2
Solid Waste Recycling/Markets -
General 3591
Aluminum 0
Batteries 6
Glass 0
Paper 1
Plastics 12
Tires 10
Used Oil 18
Composting 9
Procurement 69
Source Reduction/Pollution Prevention 1181
Grants and Financing 8
TOTAL QUESTIONS
* Includes 3,081 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 643 UST document requests.
14,065*
267
199
49
87
3211
121
us1
39
1891
16
9
551
52
21
46
2
9
35
1
2
3
1,638*
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
19
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Call Analyses
February 1998
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
419
14
33
1
6
98
60
25
73
1691
34
2
15
1601
33
1
4
3121
5791
14381
352
21
90
2691
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
3201
123
289
74
240
27
21
7
26
98
59
7
98
Exemptions 59
Special Topics:
CAA§ 112 General ' 189
RMPs 2931
List of Regulated Substances 1841
Federal Facilities Executive Order 9
TOTAL QUESTIONS 6,152
"•Includes 1,696 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc.
Access & Information Gathering
Administrative Improvements
General
Environmental Justice/Brownfields
SACM/Presumptive Remedies
Soil Screening Levels
Administrative Record
ARARs
CERCLIS
Citizen Suits
Claims Against Fund
Clean-Up Costs
Clean-Up Standards
Community Involvement
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Enforcement
Federal Facilities
Hazardous Substances
HRS
Liability
Local Gov't Reimbursement
Natural Resource Damages
NCP
Notification
NPL
Off Site Rule
OSHA
PA/SI
PRPs
RD/RA
Reauthorization
250
52
37
851
13
23
67
451
44
3
11
26
37
29
7
21
1
41
42
14
1821
83
41
19
14
141
35
1191
6
119
24
73
33
21
20
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
-------
February 1998 Call Analyses
Remedial 90
Removal 24
RI/FS 71
Risk Assess./Health Effects 84
ROD 61
RQ 2981
Settlements 41
SITE Program 5
State Participation 2
State Program 3
TAGs 8
Taxes 3
Special Topics
Oil Pollution Act 50
SPCC Regulations 1391
Lead Contamination 0
TOTAL QUESTIONS 2,637*
*Includes 591 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 24,492
1 Hot topics for this month
* Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
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