EPA530-R-99-012f SUB-9224-99-006 d. MONTHLY HOTLINE REPORT June 1999 RCRA, Superfund, and EPCRA 1 2 New Publications Resource Conservation and Recovery Act (RCRA) 3 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 4 Emergency Planning and Community Right-to-Know (EPCRA) 6 Clean Air Act (CAA)§112(r) 6 Federal Registers Final Rules 9 Proposed Rules 10 Notices 11 Call Analyses Caller Profiles .....!..„.: : h.i 17 Hotline Topics 19 RCRA, Superfund, and EPCRA Hotline National Toil-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 This report is prepared and submitted in support of Contract No. 68-W6-0016. Judi Kane, Project Officer Wendy Timmons, Alternate Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Hotline Questions & Answers Resource Conservation and Recovery Act (RCRA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Printed on Recycled Paper ------- MONTHLY HOTLINE REPORT AVAILABILITY Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board via modem at (301) 589-8366 or telnet at clu- in.epa.gov. After registering, select Directory 8 from the file submenu. CLU-IN also has the Monthly Hotline Reports available via the World Wide Web (WWW) at ftp://clu-in.com/download/hotline/ The complete text of the 1991 (November and December only), 1992, 1993,1994,1995, 1996,1997,1998, and 1999 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 Leave the subject line of the e-mail blank. Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINE.OSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver @ unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (800) 553-6847. The NTIS order numbers are as follows: Yearly Subscription SUB-9224-99-000 January 1999 SUB-9224-99-001 February 1999 March 1999 April 1999 May 1999 June 1999 RCRA Docket SUB-9224-99-002 SUB-9224-99-003 SUB-9224-99-004 SUB-9224-99-005 SUB-9224-99-006 EPA and state personnel can order the Monthly^ Hotline Report from the RCRA Docket at (703) 603-9230. The order number for the 1999 yearly subscription is EPA530-R-99-012. ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Spent Sulfuric Acid Exclusion and Use Constituting Disposal A facility uses spent sulfuric acid as a feedstock in an industrial furnace to produce virgin sulfuric acid. The facility subsequently incorporates the virgin sulfuric acid into a fertilizer that will be placed on the land. Spent sulfuric acid used to produce virgin sulfuric acid is excluded from the definition of solid waste, provided no speculative accumulation occurs (40 CFR §261.4(a)(7)). However, secondary materials that are recycled by being placed on the land in a manner constituting disposal are solid wastes (§261.2(c)(l)). Is the spent sulfuric acid considered a solid waste if the facility uses the resultant virgin sulfuric acid in a manner constituting disposal? Spent sulfuric acid used to produce virgin , sulfuric acid per §261.4(a)(7) is not a solid waste, regardless of how the facility subsequently utilizes the virgin sulfuric acid. A solid waste is any discarded material which is not excluded under §261.4(a) (§261.2(a)(l)). Thus, spent sulfuric acid is not subject to RCRA jurisdiction once it qualifies ' for the §261.4(a)(7) exclusion. Therefore, EPA does not consider the virgin sulfuric acid incorporated into a fertilizer as waste-derived, and does not regulate the use of the virgin acid on the land under §261.2(c)(l). Conversely, if the facility recycles, in a manner constituting disposal, a material that EPA has not specifically excluded from the definition of solid waste in §261.4(a), the facility may need to manage it as a hazardous waste. For instance, characteristic sludges that are reclaimed are generally not considered solid wastes (§261.2(c)(3)). However, a facility that first reclaims a characteristic sludge and then places it on the land must consider the entire recycling process, not just the first step in the process, and must classify the sludge as a solid waste, because the product was ultimately recycled in a manner constituting disposal (§261.2(c)(l)). The fertilizer product produced from the characteristic sludge would be subject to regulation under Part 266, Subpart C, including the requirement to meet land disposal restrictions prior to placement on the land. 2. Tracking Requirements for Used Oil The used oil regulations require marketers and processors/re-refiners to keep records of all used oil shipped off site (40 CFR §§ 279.56(b) and 279.74). In addition, used oil processors/re-refiners and burners must maintain records of all used oil received from off site (§§279.56(a) and 279.65(a)). Used oil transporters must also track used oil accepted for shipment as well as used oil deliveries (§279.46). Must a hazardous waste manifest accompany each used oil shipment in order to satisfy these tracking requirements? A hazardous waste manifest does not need to accompany each shipment of used oil. Used oil transporters, burners, processors/re- refiners, and marketers must maintain records documenting the acceptance and delivery of ------- Hotline Questions & Answers June 1999 each used oil shipment. Records for each shipment include information such as the name, address, and EPA identification number of the transporter and the facility that provided the used oil for transport; the quantity and date of shipment; and the EPA identification number of the receiving facility (§§279.46, 279.56, 279.65, and 279.74). These records may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The tracking record, however, does not need to accompany physically each used oil shipment (57 FR 41592; September 10,1992). For example, a used oil marketer may send an invoice incorporating all necessary information to the used oil recipient ahead of the used oil shipment instead of including the invoice with the used oil shipment. Used oil transporters, processors/re-refiners, burners, and marketers must maintain copies of these invoices or other shipping papers at their facility for at least three years (§§279.46(d), 279.56(c), 279.65(b), and 279.74(c)). Note, however, that used oil that meets the definition of a hazardous material under the Department of Transportation hazardous materials regulations (49 CFR Parts 100-185) may be subject to additional tracking requirements. CERCLA 3. EPA's Brownfields Economic Redevelopment Initiative EPA's Brownfields Economic Redevelopment Initiative ( "Brownfields Initiative ") seeks to assess, cleanup, and redevelop abandoned or idle industrial property with real or perceived hazardous substance contamination (i.e., "brownfields") by facilitating the coordination of federal, state, local government, and community efforts. Under the Brownfields Initiative, EPA has funded over 200 site assessment demonstration pilots, 11 job training pilots, and 23 revolving loan fund pilots. EPA has also entered into significant partnerships with federal agencies, and clarified Superfund liability issues with the goal of cleaning up and redeveloping brownfields. What is the statutory authority for the funding of the Brownfields pilots? EPA's assessment demonstration pilots and revolving loan fund pilots are funded pursuant to CERCLA §104(d) which authorizes EPA to enter into cooperative agreement with states, political subdivisions, and Indian tribes to carry out actions authorized by CERCLA §104. CERCLA §104(a) grants broad authority to take response actions to address releases and threatened releases of hazardous substances, pollutants, and contaminants. In addition, CERCLA §104(b) provides authority to undertake a variety of studies and investigations, including monitoring, surveys, testing, planning, and other information- gathering activities. These response activities may be taken at any site at which there is a release or threat of release (or, in the case of §104(b), where there is reason to believe a release has occurred). EPA awards financial assistance to support brownfields training projects under the authority of CERCLA §§311(b)(3) and (b)(9). ------- NEW PUBLICATIONS HOW TO ORDER NTIS Publications are available by calling (800) 553-6847 or (703) 605-6000, 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 Toil-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) 651-2098 (for OUST 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: WWW: http://www.epa.gov Documents on the WWW server may be located by using the on-line search functions. RCRA TITLE: Monitoring Science in the RCRA Program PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001 URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This folder contains a series of fact sheets, EPA530-E-99-001a through EPA530-E-99- OOlf, that describe EPA's Methods Team. The fact sheets provide general information about the current availability of SW-846 (Test Methods), the Methods Information Communication Hotline (MICE), the annual Waste Testing and Quality Assurance (WTQA) symposium, the performance-based measurement system, and OSW's methods development, evaluation, and approval process. TITLE: Introducing the Methods Team PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001a URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This fact sheet cannot be ordered individually, but is contained in the Monitoring Science in the RCRA Program folder, EPA530-E-99-001. This document summarizes the role of the Methods Team and describes the folder's contents. TITLE: Resources PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001b URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This fact sheet cannot be ordered individually, but is included automatically with the ------- New Publications June 1999 Monitoring Science in the RCRA Program folder, EPA530-E-99-001. The fact sheet summarizes the availability of the SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods. TITLE: The Methods Information Communication Exchange (MICE) Service PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001c URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This fact sheet cannot be ordered individually, but is included in the Monitoring Science in the RCRA Program folder, EPA530-E-99-001. This fact sheet reviews how to use the Methods Information Communication Exchange (MICE) Hotline. TITLE: Calling All New Methods PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001d URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This fact sheet cannot be ordered individually, but is included in the Monitoring Science in the RCRA Program folder, EPA530-E-99-001. The fact sheet briefly explains how the Methods Team supports the development of new measurement technologies, and how to apply to have a method published in SW-846. TITLE: Reinventing the Program PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001e URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This fact sheet cannot be ordered individually, but is included automatically with Monitoring Science in the RCRA Program folder, EPA530-E-99-001. The fact sheet reviews the objectives of the performance-based measurement system (PBMS). TITLE: The Waste Testing and Quality Assurance (WTQA) Symposium PUBLICATION DATE: April 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-E-99-001f URL: http://www.epa.gov/epaoswer/hazwaste/ test/index.htm This fact sheet cannot be ordered individually, but is contained in the Monitoring Science in the RCRA Program folder, EPA530-E-99-001. The fact sheet announces the WTQA symposium, extends an invitation for the symposium, and explains the process for presenting papers at the symposium. CERCLA TITLE: Characteristics of Sustainable Brownfields Projects: Task 1 Report PUBLICATION DATE: July 1998 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA500-R-98-001 URL: http://www.epa.gov/brownfields/ sustain.htm The purpose of this study is to assist and guide communities, municipalities, and other government organizations in the planning and implementation of sustainable brownfields redevelopment. This study is divided into two parts: Task 1 and Task 2. Task 1 explains the broad concepts of sustainability and sustainable development, and associates these concepts with the brownfields redevelopment process. The purpose of Task 1 is to identify, define, verify, and quantify, if possible, the parameters, elements, and characteristics that ------- June 1999 New Publications are indicative of successful and unsuccessful brownfields redevelopment. TITLE: A Sustainable Brownfields Model Framework PUBLICATION DATE: January 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA500-R-99-001 URL: http://www.epa.gov/brownfields/ sustain.htm The purpose of this study is to assist and guide communities, municipalities, and other government organizations in the planning and implementation of sustainable brownfields redevelopment. This study is divided into two parts: Task 1 and Task 2. This document is the second part of the study. Task 2 uses the parameters laid out in Characteristics of Sustainable Brownfields Projects: Task 1 -Report (550-R-98-001) to create the links or relationships needed to build model frameworks that can be used by the EPA to evaluate and support potential scenarios for brownfields cleanup, environmental restoration, and redevelopment. TITLE: Brownfields Title VI Case Studies: Summary Report PUBLICATION DATE: June 1999 AVAILABILITY: Internet EPA ORDER NO.: EPA500-R-99-003 URL: http://www.epa.gov/swerosps/ej/ ejndx.htm In February of 1998, EPA issued its Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits, for violations to Title VI of the Civil Rights Act. This report details the findings of case studies conducted at seven EPA Assessment Demonstration Pilots in January and February of 1999. This document contains four sections: background, overall findings, findings by question, and conclusions. It also contains appendices that further explain EPA's methodology for conducting the case studies. TITLE: Superfund at Work: Hazardous Waste Cleanup Success Stories - Bruin Lagoon Site Profile PUBLICATION DATE: Spring 1997 AVAILABILITY: Internet EPA ORDER NO.: EPA520-F-97-002 URL: http://es.epa.gov/oeca/spfund/ This fact sheet discusses the history and progress of response actions at the Bruin Lagoon Superfund site. TITLE: Using Supplemental Environmental Projects to Facilitate Brownfields Redevelopment PUBLICATION DATE: September 1998 AVAILABILITY: NTIS NTIS ORDER NUMBER: PB99-151 045 EPA encourages the use of supplemental environmental projects (SEPs) in the settlement of environmental enforcement actions. The use of SEPs to cleanup brownfield properties is an effective way to enhance the environment TITLE: Inclusion of Contribution Waiver by Private Parties in CERCLA Administrative and Judicial Settlements PUBLICATION DATE: October 1998 AVAILABILITY: NTIS/Internet NTIS ORDER NUMBER: PB99-151 052 URL: http://es.epa.gov/oeca/osre/ deminim.html In a 1995 policy, EPA issued a revised Model Remedial Design/Remedial Action Consent Decree, which included a waiver of private contribution claims against certain de micromis parties. This policy did not include language that insulated de micromis parties from contribution actions by other potentially ------- New Publications June 1999 responsible parties at the site. This memo explains the changes to the 1995 policy. EPCRA TITLE: The Emergency Planning and Community Right-to-Know Act: Section 313 Release Reporting Requirements PUBLICATION DATE: June 1999 AVAILABILITY: Internet EPA ORDER NO.: EPA745-K-99-002 URL: http://www.epa.gov/opptintr/tri This brochure provides an overview of the reporting obligations under Section 313 of The Emergency Planning and Community Right-to-Know Act and assists the regulated community in determining whether their facility is required to report on the Toxics Release Inventory. CAA§112(r) TITLE: Technical Background for Offsite Consequence Analysis for Anhydrous Ammonia, Aqueous Ammonia, Chlorine, and Sulfur Dioxide PUBLICATION DATE: June 1999 AVAILABILITY: Hotline EPA ORDER NO.: EPA550-B-99-017 The purpose of this document is to provide the technical background of the methodology and assumptions used to develop the chemical- specific tables in the Offsite Consequence Analysis guidance. TITLE: Chemical Safety in Your Community: EPA's New Risk Management Program PUBLICATION DATE: May 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-B-99-010 URL: http://www.nsc.org/xroads This guide provides an overview of the Risk Management Program (RMP) and discusses key safety, compliance, and enforcement issues. TITLE: RMP's Are on the Way! How LEPCs and Other Local Agencies Can Include Information from Risk Management Plans in Their Ongoing Work PUBLICATION DATE: June 1999 AVAILABILITY: Internet EPA ORDER NO.: EPA550-B-99-003 URL: http://www.epa.gov/ceppo/p-new.htm The purpose of this booklet is to describe how local emergency planning committees (LEPCs) and similar local agencies can take advantage of the risk management program to build on their existing planning and right-to-know activities under EPCRA. TITLE: New Ways to Prevent Chemical Incidents PUBLICATION DATE: May 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-B-99-012 URL: http://www.nsc.org/xroads The 1990 Clean Air Act Amendments established a new, multi-agency system to manage hazardous chemicals. This background document explores the requirements and relationships among the RMP administered by EPA, the Process Safety Management (PSM) Rule administered by OSHA, and the activities of the Chemical Safety and Hazard Investigation Board. ------- June 1999 New Publications TITLE: How Safe Am I? Helping Communities Evaluate Chemical Risk PUBLICATION DATE: May 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-B-99-013 URL: http://www.nsc.org/xroads The RMP provides much of the basic information needed by government, industry, and the community to define acceptable levels of risk from hazardous substances. This background document provides pointers and questions to identify and communicate risk. TITLE: What Makes a Hazard Hazardous: Working with Chemical Information PUBLICATION DATE: May 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-B-99-014 URL: http://www.nsc.org/xroads Chemical emergency management and the RMP revolve around public safety dangers posed by hazardous substances. This background document explains the short-term health effects resulting from exposure to toxic and flammable materials. TITLE: Evaluating Chemical Hazards in the Community: Using RMP's Offsite Consequence Analysis PUBLICATION DATE: May 1999 AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-B-99-015 URL: http://www.nsc.org/xroads The Offsite Consequence Analysis (OCA) is the most critical, and controversial section of the RMP. This background document describes the requirements and implications of the worst-case and alternative scenarios and suggests methods for effectively communicating their results. TITLE: South Carolina Small Business Assistance Program PUBLICATION DATE: June 1999 AVAILABILITY: Internet EPA ORDER NO.: EPA550-F-99-009 URL: http://www.epa.gov/ceppo/ whatnew.html This fact sheet is intended to help stakeholders generate ideas, identify tools and pinpoint funding sources for accidental preparedness and prevention initiatives within South Carolina. TITLE: Use Multiple Data Sources for Safer Emergency Response PUBLICATION DATE: June 1999 AVAILABILITY: Internet EPA ORDER NO.: EPA550-F-99-006 URL: http://www.epa.gov/ceppo/ whatnew.html This alert is issued as part of EPA's ongoing effort to protect human health and the environment. The alert outlines the types of sources that responders look at before conducting a response action at a facility. Also included are other sources of emergency information that can be useful to local emergency responders in the event of a release. TITLE: The General Duty Clause PUBLICATION DATE: June 1999 AVAILABILITY: Internet EPA ORDER NO.: EPA550-F-99-010 URL: http://www.epa.gov/ceppo/ whatnew.html This fact sheet outlines the requirements that facilities must meet under the general duty clause. The fact sheet presents commonly asked questions regarding this regulation as well as examples of actions facilities need to consider regarding the general duty clause. ------- 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: WWW: http://www.epa.gov FTP: ftp.epa.gov EPA Federal Registers are organized by date on the WWW (starting from October 1994). Go to: http://www.epa.gov/fedrgstr For RCRA/UST and selected CERCLA Federal Registers, choose: EPA - Waste. For selected EPCRA Federal Registers, choose: EPA - TRI. For CAA §112(r) Federal Registers, choose: EPA - Air. FINAL RULES RCRA "Adequacy of State Permit Programs under RCRA Subtitle D" June 8,1999 (64 FR 30434) EPA streamlined the approval process for specified states permit programs for solid waste disposal facilities other than municipal solid waste landfills (MSWLFs) that receive conditionally exempt small quantity generator (CESQG) hazardous waste. States whose Subtitle D MSWLF permit programs or Subtitle C hazardous waste management programs have been reviewed and approved or authorized by the Agency are eligible for this streamlined approval process if their state programs require the disposal of CESQG waste in suitable facilities. "Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Technical Amendment" June 15,1999 (64 FR 31986) EPA amended 40 CFR Part 261, Appendix IX, to delete two facilities that were granted exclusions for their wastes and no longer produce these wastes. The following facilities have been deleted: Tricil Environmental Systems, Inc., Hillard, Ohio; and Tricil Environmental Systems, Inc., Muskegon, Michigan. "Solid Waste Programs; Management Guidelines for Beverage Containers; Removal of Obsolete Guidelines" June 17,1999 (64 FR 32436) EPA removed 40 CFR Part 244, Solid Waste Management Guidelines for Beverage Containers, from the Code of Federal ------- Federal Registers June 1999 Regulations (CFR) because it is obsolete. The activities addressed in those 1976 guidelines have been included in numerous state and local statutes and regulations and other federal rules, or Presidential actions as Executive Order 12873 as amended by Executive Order 13101. The deletion of these guidelines from the CFR will have no measurable impact on solid waste management. "Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program" June 25,1999 (64 FR 34133) EPA finalized Idaho's authorized hazardous waste program in 40 CFR Part 272 and referenced provisions of Idaho's hazardous waste statutes and regulations and clarifies which of these provisions are authorized and -federally enforceable. The approved hazardous waste management program for Idaho will become effective on August 24, 1999, unless adverse written comments are received. PROPOSED RULES RCRA "Adequacy of State Permit Programs under RCRA Subtitle D" June 8,1999 (64 FR 30465) EPA proposed to streamline the approval process for specified states permit programs for solid waste disposal facilities, other than municipal solid waste landfills (MSWLFs), that receive conditionally exempt small quantity generator hazardous waste. States whose Subtitle D MSWLF permit programs or Subtitle C hazardous waste management programs have been reviewed and approved or authorized by the Agency are eligible for this streamlined approval process if their state programs require the disposal of CESQG hazardous waste in suitable facilities. "Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program" June 25,1999 (64 FR 34180) EPA proposed to codify Idaho's authorized hazardous waste program in 40 CFR Part 272. EPA codified Idaho's hazardous waste program as an immediate final rule elsewhere in this Federal Register. If EPA receives adverse comments on the immediate final rule, EPA will withdraw it. EPA will then address public comments in a later final rule based on this proposal. CERCLA "National Priorities List; Davis Glocester-Smithfield Regional Landfill" June 17,1999 (64 FR 32466) Notice of Intent to Delete "National Priorities List; Old Inland Pit NPL Site" June 17,1999 (64 FR 32468) Notice of Intent to Delete "National Priorities List; Hebelka Auto Salvage Yard Site" June 24,1999 (64 FR 33812) Notice of Intent to Delete ~" "National Priorities List; Munisport Landfill Superfund Site" June 25,1999 (64 £R 34180) Notice of Intent to Delete 10 ------- June 1999 Federal Registers CAA§112(r) "List of Regulated Substances and Thresholds for Accidental Releases Prevention; Flammable Hydrocarbon Fuel Exemption" June 25,1999 (64 FR 34179) EPA extended the comment period for the proposed rule to modify the Risk Management Program regulations to exclude certain flammable hydrocarbon fuels. The deadline for comments has been extended from June 28, 1999 to July 28,1999. NOTICES RCRA "Report to Congress on Fossil Fuel Combustion Wastes; Response to Requests for Extension of Public Comment Period" June 10,1999 (64 FR 31170) EPA announced the denial to grant an extension of the 45-day comment period on the report because EPA is currently subject to a court-approved consent decree to issue its regulatory determination by October 1, 1999. EPA cannot grant this extension because it would leave insufficient time for EPA to complete a regulatory determination by that date. EPA is currently discussing the possibility of an extension of this deadline with the parties to the consent decree. The closing date for the response to comments remains June 14,1999. "Agency Information Collection Activities: Proposed Collection; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices, Recordkeeping and Reporting Requirements" June 10,1999 (64 F_R 31215) EPA announced the plan to submit the following continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB) for renewal: Criteria for Classification of Solid Waste Disposal Facilities and Practices, 40 CFR 258, OMB No. 2050-0122, current expiration date is January 31, 2000. EPA solicited comments on specific aspects of the proposed information collection before submitting the ICR to OMB for review and approval. "Voluntary Guide for Industrial Waste Management" June 11,1999 (64 FR 31576) EPA developed a draft voluntary Guide for Industrial Waste Management to assist facility managers, state and tribal environmental managers, and the public in evaluating and choosing protective practices for managing nonhazardous industrial waste in new landfills, waste piles, surface impoundments, and land application units. This guide recommends best management practices and key factors to take into account in siting, operating, designing, monitoring, and performing corrective action and closure and post closure care. The guide is available in both paper copy and CD-ROM and is designed to complement, not supersede, state and tribal industrial nonhazardous waste management programs. 11 ------- Federal Registers June 1999 NOTICES "Agency Information Collection Activities: Continuing Collection; Comment Request; General Hazardous Waste Facility Standards" June 17,1999 (64 FR 32491) EPA announced the plan to submit the following continuing Information Collection Request (ICR) to OMB: General Hazardous Waste Facility Standards, EPA ICR #1571, OMB Control Number 2050-0120, current expiration date is November 30,1999. EPA solicited comments on specific aspects of the proposed information collection before submitting the ICR to OMB for review and approval. "Office of Solid Waste Burden Reduction Project" June 18,1999 (64 FR 32859) EPA published information on their effort to meet the goals of the Paperwork Reduction Act of 1995 and solicited comments. The Paperwork Reduction Act establishes a federal government-wide goal to reduce recordkeeping and reporting burden on the states, the public and regulated community by 40 percent from a starting date of 1995 to September 2001. EPA reviewed its recordkeeping and reporting requirements and their burden on the states, public, and regulated community; reviewed burden reduction ideas developed by other EPA offices and the regulated community; developed additional burden reduction ideas; and sought input from EPA offices and states. "Agency Information Collection Activities, OMB Responses" June 21,1999 (64 FR 33078) OMB announced responses to Agency clearance requests in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB number. CERCLA "Exposure Factors Handbook" June 15,1999 (64 FR 32045) EPA announced the availability of a final document, Exposure Factors Handbook. Volumes I-IE (EPA600-P-95-002Fa, EPA600- P-95-002Fb, EPA600-P-95-002Fc; August 1997) and Exposure Factors Handbook CD- ROM (EPA600-C-95-001; February 1999). The document will be made available electronically from the NCEA web site at http://www.epa.gov/ncea/exposfac.htm. "Public Health Assessments Completed" June 21,1999 (64 FR 33090) ATSDR announced the completion of public health assessments for the period January 1999 through March 1999. Assessments were completed for 11 sites which are on or proposed for the NPL and 2 sites for which assessments were requested by the public. 12 ------- June 1999 Federal Registers NOTICES EPCRA "Emergency Planning and Community Right-to-Know; Notice of Availability of Guidance Documents" June 16,1999 (64 FR 32232) EPA announced the availability of several guidance documents to assist industries in understanding compliance with EPCRA §313. EPA updated several of the industry-specific guidance documents, as well as the EPCRA §313 Questions and Answers. In addition, EPA has made available two "crosswalks" documents to explain the differences between the 1997 and 1998 versions of both the Toxic Chemical Release Inventory Reporting Forms and Instructions and the EPCRA §313 Questions and Answers. CAA "Agency Information Collection Activities: Submission for OMB Review; Comment Request; Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances Under Section 112(r) of the Clean Air Act (CAA)" June 3,1999 (64 FR 29863) EPA announced the submission of the following Information Collection Request to OMB for approval: Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under Section 112(r) of the Clean Air Act (CAA). Comments regarding this ICR must be submitted on or before July 6, 1999. ALL PROGRAMS "Calculation of the Economic Benefit of Noncompliance in EPA's Civil Penalty Enforcement Cases" June 18,1999 (64 FR 32948) EPA provided responses to comments concerning the economic benefit that regulated entities obtain as a result of violating environmental requirements is calculated, and how this calculation establishes an appropriate penalty for settlements purposes. EPA also provided advance notice of the changes EPA intends to make to its benefit recapture approach and to its BEN computer model. CONSENT DECREES AND ADMINISTRATIVE SETTLEMENTS "Consent Decree; United States v. Bestfoods f/k/a CPC International Inc. and Jennifer Granholm, Attorney General of the State of Michigan v. Bestfoods f/k/a CPC International Inc." June 3, 1999 (64 FR 29886) "Consent Decree; United States v. Browning-Ferris Industries of Illinois, Inc." June 3, 1999 (64 FR 29886) "Partial Consent Decree; United States v. Michael P. Eason, et al." June 3, 1999 (64 FR 29887) "Consent Decree; United States v. Johnnie Williams, et al." June 3, 1999 (64 FR 29887) "Administrative Settlement; Transport One Acid Spill Superfund Site" June 4, 1999 (64 FR 30025) 13 ------- Federal Registers June 1999 NOTICES "Consent Decree; United States of America et al. v. Braselman Corporation, etal." June 11, 1999 (64 FB 31611) "Consent Decree; United States v. Ray McCune, et al." June 11, 1999 (64 FB 31612) "Administrative Settlement; M&V Electroplating Corporation Superfund Site" June 15, 1999 (64 FR 32046) "Administrative Settlement; John P. Saad Superfund Site" June 16, 1999 (64 FR 32234) "Administrative Settlement; John P. Saad Superfund Site" June 16,1999 (64 FR 32235) "Consent Decree; United States v. City of Grand Rapids, Michigan, et al." June 16, 1999 (64 FB 32257) "Consent Decree; United States v. NationsBank, N.A." June 16, 1999 (64 Ffi 32257) "Administrative Settlement; Elizabethtown Landfill Superfund Site" June 18, 1999 (64 £R 32869) "Administrative Settlement;.Elizabethtown Landfill Superfund Site" June 18, 1999 (64 FB 32870) "Administrative Settlement; Havertown PCP Superfund Site" June 18, 1999 (64 FR 32870) "Consent Decree; United States v. Tucson Airport Authority, etal." June 23, 1999 (64 FR 33515) "Administrative Settlement; 100 Metronorth Corporate Center LLC - Parcel B - Industri-Plex Superfund Site" June 24, 1999 (64 FB 33860) "Consent Decree; United States v. Abitibi Price Corporation, etal." June 24, 1999 (64 FB 33907) "Consent Decree; United States v. Atlantic Richfield Company" June 24,1999 (64 FR 33908) "Consent Decree; United States v. GK Technologies" June 24, 1999 (64 FB 33909) "Consent Decrees; United States v. Horsehead Industries, Inc." June 24, 1999 (64 FR 33910) "Consent Decree; United States v. Indiana Department of Correction, et al." June 24, 1999 (64 FB 33910) "Consent Decree; United States v. Kennecott Holdings Corporation June 24, 1999 (64 FB 33911) "Consent Decree; United States v. Robert Bosch Corporation" June 2, 1999 (64 FB 3391_1) "Administrative Settlement; Standard Scrap Site" June 28, 1999 (64 FB 34654) 14 ------- June 1999 Federal Registers NOTICES "Administrative Settlement; Standard Scrap Site" June 28, 1999 (64 FR 34654) "Administrative Settlement; Standard Scrap Site" June 28, 1999 (64 FR 34655) "Administrative Settlement; Standard Scrap Site" June 28, 1999 (64 FR. 34655) "Administrative Settlement; Standard Scrap Site" June 28, 1999 (64 FR 34656) "Administrative Settlement; Standard Scrap Site" June 28, 1999 (64 FR 34656) "Prospective Purchaser Agreement; Warwick Township Creek Road Superfund Site" June 29, 1999 (64 FR 34798) 15 ------- CALL ANALYSES This month, the Hotline responded to a total of 38,431 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* Mailed Document Requests* TOTAL NUMBER OF CALLERS 1,812 207 95 3 52 65 78 4 55 3 2 843 362 178 31 232 11 4,033 * No caller profile data available. 17 ------- Call Analyses June 1999 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 150 Textiles 18 Apparel 8 Lumber & Wood 16 Furniture 16 Paper 13 Printing & Publishing 30 Chemicals 528 Petroleum & Coal 201 Rubber and Plastics 41 Leather 8 Stone, Clay & Glass 27 Primary Metals 61 Fabricated Metals 275 Machinery (Excluding Electrical) 60 Electrical & Electronic Equipment 0 Transportation Equipment 39 Instruments 5 _ Misc. Manufacturing 199 Metal Mining 20 Coal Mining 45 Electricity Generating 116 RCRA Subtitle C 82 Solvent Recovery 20 Petroleum Bulk Storage 80 Chemical Distributor 61 Propane Retailer 110 POTW 111 Subtotal 2,340 Consultants/Engineers 3,890 Attorneys 165 Citizens 124 Public Interest Groups 30 Educational Institutions 27 EPA 51 Federal Agencies 60 GOCOs 12 Congress 1 State Officials/SERC 52 Local Officials/LEPCs 0 Fire Departments 23 Hospitals/Laboratories 26 Trade Associations 22 Union/Labor 0 Farmers 26 Distributors 87 Insurance Companies 2 Media/Press 11 Native Americans 0 International 4 Other 1,230 Referrals* 317 Transfers to RCRA/UST Hotline* 96 Document Retrieval Line* 0 Message Retrieval Line* 1,192 TOTAL NUMBER OF CALLERS 9,788 * No caller profile data available. 18 ------- June 1999 Call Analyses HOTLINE TOPICS RCRA RCRA GENERAL SUBTITLE C Hazardous Waste Id. - General Characteristics Listings Mixture Rule Derived-From Contained-In Policy Sampling 1,026 1,126 5901 5511 79 57 174 79 Solid and Hazardous Waste Exclusions 3601 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 7 17 5101 7611 179 122 121 32 150 277 130 52 26 41 16 35 260 76 275 199 99 55 107 4711 295 113 77 7 220 21 0 38 112 33 SUBTITLE D Household Hazardous Wastes Subtitle D - General Technical Standards Industrial Wastes Municipal Wastes Indian Lands Financial Assurance Solid Waste Recycling/Markets - General Aluminum Batteries Glass Paper Plastics Tires Used Oil Composting Procurement Source Reduction/Pollution Prevention Grants and Financing TOTAL QUESTIONS * Includes 3,391 RCRA document requests. 129 131 19 149 55 7 2 347 10 21 2 8 14 15 24 41 48 64 14 10,076* 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 MTBE LUST General/Miscellaneous RBCA Technologies Solvency/Cost Controls TOTAL QUESTIONS ....... * Includes 178 UST document requests. 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. 117 1051 24 38 25 27 18 18 621 3 3 33 21 19 7 0 0 4 4 1 0 0 529* 19 ------- Call Analyses June 1999 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions 472 Trade Secrets 9 Enforcement 1,243J Liability/Citizen Suits 17 Training 0 Chemical-Specific Information 110 Federal Facilities Executive Order 5 Emergency Planning (§§301-303): General 72 Notification Requirements 63 SERC/LEPC Issues 62 EHSs/TPQs 100 Risk Communication/ Hazards Analysis 1 Exemptions 5 Emergency Release Notification (§304): General 90 Notification Requirements 100 Reportable Quantities 86 CERCLA § 103 vs. SARA §304 67 ARUVAHEDB/ERNS 8 Exemptions 13 Hazardous Chemical Reporting (§§311-312): General 159 MSDS Reporting Requirements 183 Tier I/n Requirements 301 Thresholds 146 Hazard Categories 7 Mixtures Reporting 26 Exemptions 122 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 Exemptions 2,351 674 4,0041 2,5301 3,819* 39 21 163 54 73 50 10 73 6271 CAA General Duty RMP General Regulated Substances/Thresholds Exemptions Process Identification Program Levels Offsite Consequence Analysis Accident History Prevention Program Emergency Response Program Management Program RMP Submission Access to RMP Data Risk Communication State Implementation RMP Enforcement 191 1,823 1,352J 313 3231 74 4661 48 109 79 11 1,556I 82 28 52 847 TOTAL QUESTIONS 25,309 "Includes 2,127 Emergency Planning and Community Right-to-Know document requests. SUPERFUND General/Misc. 245 Access & Information Gathering 104 Administrative Improvements General 10 Environmental Justice/Brownfields 71 SACM/Presumptive Remedies 20 Soil Screening Levels 8 Administrative Record 13 ARARs 59 CERCLIS 100 Citizen Suits 1 Claims Against Fund 8 Clean-Up Costs 29 Clean-Up Standards 48 Community Involvement 14 Contract Lab Program (CLP) 13 Contractor Indemnification 0 Contracts 9 Definitions 8 Enforcement ~ - 205 Federal Facilities 19 Hazardous Substances 90 HRS 16 Liability 61 Local Gov't Reimbursement 0 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. ------- June 1999 Call Analyses Natural Resource Damages NCP Notification NPL Off Site Rule OSHA PA/SI PRPs RD/RA Reauthorization Remedial Removal RI/FS Risk Assess./Health Effects ROD RQ Settlements SITE Program State Participation State Program TAGs Taxes Special Topics Oil Pollution Act SPCC Regulations TOTAL QUESTIONS "Includes 509 Superfund document requests. 21 28 1781 1131 17 3 10 27 8 1 55 32 30 47 33 1321 29 7 3 11 7 2 127 4561 2,517* TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 38,431 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 ------- |