EPA530-R-99-012K
SUB-9224-99-011
MONTHLY HOTLINE REPORT
November 1999
RCRA, Superfund, and EPCRA
Hotline Questions & Answers «
Resource Conservation and Recovery Act (RCRA).......
Underground Storage Tanks (UST)
1
2
New Publications __
Resource Conservation and Recovery Act (RCRA) 3
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) 5
CERCLA and the Emergency Planning and Community Right-to-
Know Act (EPCRA) 7
Clean Air Act (CAA) §112(r) 8
Federal Registers
Final Rules 9
Proposed Rules 10
Notices 11
Call Analyses
1 Caller Profiles _;.... 15
Hotline Topics : 17
RCRA, Superfund, and EPCRA Hotline
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
Wendy Timmons, 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 complete text of the 1991 (November and
December only), 1992,1993,1994,1995,
1996,1997,1998, and 1999 Monthly Hotline
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,-IV
The Monthly Hotline Report can be ordered ?.
through NTIS at (800) 553-6847. The NTIS V
order numbers are as follows: f
Yearly Subscription SUB-9224-99-000
January 1999 SUB-9224-99-001
February 1999 SUB-9224-99-002
March 1999
April 1999
May 1999
June 1999
July 1999
August 1999
September 1999
October 1999
November 1999
RCRA Docket
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:
SUB-9224-99-003
SUB-9224-99-004
SUB-9224-99-005 b~ y
SUB-9224-99-006 /
SUB-9224-997007 X:-'-
SUB-9224-99"-008
'••< r -, __-,"!^KPl |^^^^
SUB-9224-995)09^
SUB-9224-99-010«|
x -.*."'
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. The Federal Facility Compliance Act
and DOE Mixed Waste Storage
The Federal Facility Compliance Act of.
1992 (FFCA) waived sovereign immunity for
all federal facilities. Until this waiver, federal
facilities were immune from all civil and
administrative penalties and fines under
RCRA. At the same time, the FFCA issued a
three-year delay of this waiver for Executive
Branch departments, agencies, and
instrumentalities storing mixed waste, a waste
with a RCRA hazardous waste component and
a radioactive component, in violation of the
land disposal restrictions (LDR) storage
prohibition (RCRA §3004(j)). RCRA§3004(j)
prohibits the storage of any restricted
hazardous waste, including mixed waste,
except for purposes of accumulating quantities
necessary to facilitate proper waste recovery,
treatment, or disposal. This three-year delay
expired October 6,1995. How does this affect
Department of Energy (DOE) facilities , .
currently storing mixed waste in violation of.
the RCRA §3004(j) storage prohibition?
The expiration of the three-year delay in
the effective date of the waiver of sovereign .
immunity for RCRA §3004(j) violations may
not affect DOE facilities currently storing
mixed waste. Under RCRA §3021(b), DOE
was required to submit either to EPA or to the
appropriate state regulatory officials a site
treatment plan for developing mixed waste
treatment capacity and technologies. Upon
approval of a plan, the state or EPA Regional
Administrator was required to issue an order
to DOE requiring compliance with the plan.
According to §102(c)(3)(B) of the FFCA,
DOE facilities storing mixed waste continue
to have sovereign immunity from violations of
RCRA §3004(j) so long as DOE complies
with both the approved site treatment plan and
the order requiring compliance with that site
treatment plan.
All of the Conceptual Site Treatment Plans
and Draft Site Treatment Plans were
submitted on time (October 1993 and August
1994 respectively). The Final Proposed Site
Treatment Plans were submitted one month
later than expected in March 1995. As of
January 1997, all of the treatment plans for the
35 DOE sites storing mixed waste had been
approved by the appropriate regulators.
2. Laboratory Samples and the Bevill
Exclusion (§261.4(b)(7))
. .One of the exclusions commonly referred
to as the Bevill exclusion exempts "solid waste
from the extraction, beneficiation, and
processing of ores and minerals (including
coal) " from RCRA Subtitle C regulation (40
CFR§261.4(b)(7)). In the November 19,
1980, Federal Register, the scope of the
exclusion was clarified to include only solid
wastes that are "uniquely associated" with
the extraction, beneficiation, and processing
of ores and minerals (45 FR 76619). A coal
mining facility conducts laboratory sampling
and testing of coal for quality control
purposes. The testing procedures require the
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Hotline Questions & Answers
coal to be mixed with perchloroethylene. Once
the testing is completed, the sample exhibits a
hazardous characteristic for perchloroethylene
(D039), which was not present in the coal
prior to testing. Would the sample meet the
§261.4(b)(7) exclusion for wastes which are
produced from the extraction, beneficiation,
and processing of ores?
The waste laboratory samples would not be
exempt under §261.4(b)(7) because the
exclusion applies only to wastes produced in,
and unique to, the extraction, beneficiation,
and processing of ores and minerals (45 PR
76620; November 19,1980). The exclusion
does not apply to wastes such as spent
solvents, pesticide wastes, and discarded
commercial chemical products that are not
unique to the extraction, beneficiation, and
processing of ores and minerals. The first step
in establishing whether a waste is uniquely
associated is determining if the waste results
from an operation that is ancillary to mineral
processing operations. Wastes from ancillary
operations are not uniquely associated because
they are not viewed as being "from" mining or
mineral processing (63 PR 281556,28591;
May 26,1998). Wastes from non-ancillary
operations are evaluated on the extent to which
the waste originates or derives from processes
that serve to remove mineral values from the
ground, concentrate or otherwise enhance their
characteristics or remove impurities, and the
extent to which the mineral recovery process
imparts its chemical characteristics on the
waste. The greater the extent to which these
two factors occur, the more likely the waste is
uniquely associated. Laboratory activities are
considered to be ancillary operations (63 FR
28593). Therefore, quality control wastes
associated with laboratory operations are not
excluded under §261.4(b)(7) because they are
not uniquely associated with the extraction,
beneficiation, and processing of ores and
minerals.
November 1999
UST
3. Underground Storage Tanks
Floating to the Surface of the
Ground
An underground storage tank (UST) floats
to the surface of the ground due to rising
groundwater and unstable soil structure, yet
the tank is undamaged. The owner and
operator intends to reinstall the tank and
return it to service. However, the tank was
installed and in use prior to December 22,
1988, and was in compliance with the existing
tank system requirementftn 40 CFR §280.21.
If the owner and operator wants to reinstall
the tank into the same excavation, must they
comply with new tank performance standards
in §280.20, or can they continue to comply
with existing tank standards?
The UST must meet new tank performance
standards in §280.20 when it is reinstalled
because it will meet the definition of a new
tank system. EPA defines new tank system
under §280.12 as "a tank system that will be
used to contain an accumulation of regulated
substances and for which installation has
commenced after December 22, 1988." EPA
considers reinstallation of an old tank the same
as installing a tank fresh from the '•"
manufacturer, regardless of prior use of the v''
reason for the reinstallation. Thus, if the ' '
owner and operator reinstalls the tank in the
same excavation, the UST must meet new tank
standards. EPA similarly requires existing
tanks, which an owner and operator - ' - •
intentionally removes and relocates, to meet
new tank performance standards upon
reinstallation (MRQ #4; August 1989).
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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 (forOERR 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: National Source Reduction
Characterization Report for Municipal Solid
Waste in the United States
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA530-R-99-034
URL: http://www.epa.gov/epaoswer/non-hw/,J
muncpl/sourcepubs.htm
This report estimates the quantity of source
reduction nationwide, and evaluates factors
that drive waste prevention activities, such as
design practices, operational changes, policy
trends, and new technologies. EPA
characterizes the waste prevention activities
both in the aggregate and by product and
material categories in the report.
TITLE: Reusable News (Fall 1999)
PUBLICATION DATE: November 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-N-99-009
URL: http://www.epa.gov/epaoswer/non-hw/
recycle/reuse.htm
This issue of Reusable News focuses on the
third annual America Recycles Day, scheduled
for November 15,1999. The newsletter also
announces the Characterization hi Municipal
Solid Waste. 1998 Update report, EPA530-R-
99-021, highlights documents that report
successful waste reduction programs, and lists
additional recycling resources.
TITLE: Native American Network (Fall 1999)
PUBLICATION DATE: October 1999
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-99-005
This issue of the quarterly newsletter provides
information about the Tribal Solid Waste
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New Publications
November 1999
Interagency Workgroup, CERCLA training
session at the Haskell Indian Nations
University, waste management opportunities
pursued by the Pacific Northwest Tribal
Partnership, the municipal solid waste grant
program, and new tribal documents.
*-
TITLE: Executive Summary: The National
Biennial RCRA Hazardous Waste Report
(Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA 530-S-99-036
URL: http://www.epa.gov/epaoswer/hazwaste/
data/br97/index.htm
The Executive Summary provides an overview
of national hazardous waste generation and
management practices based on the 1997 data.
This document also points out the changes to
the 1997 biennial reporting requirements and
the impact on the data presented in the report.
TITLE: The National Biennial RCRA
Hazardous Waste Report: Complete Set (Based
on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036
NTIS ORDER NO,: PB99-166 811
URL: http://www.epa.gov/epaoswer/hazwaste/
data/br97/index.htm
The National Biennial Report presents a
detailed look at waste handling practices in the
EPA regions, states, and largest facilities
nationally. The report includes information
about the quantity of waste generated,
managed, shipped and received, and imported
and exported between states, and the number
of generators and managing facilities.
TITLE: The National Biennial RCRA
Hazardous Waste Report: List of Large
Quantity Generators (Based on 1997 Data)
PUBLICATION DATE: Septembe? 1999
AVADLABD^ITY: NTIS/Internet
EPA ORDER NO.: EPASSO-R^^a
NTIS ORDER NO.: PB99-166 829 '^
URL: http://www .epa.gov/epaoswer/hazwaste/
data/br97/index.htm
The List of Large Quantity Generators
identifies every hazardous waste generator in
the United States that reported itself to be a
large quantity generator in 1997. Document
includes a copy of the Executive Summary
(EPA530-S-99-036). ~
TITLE: The National Biennial RCRA
Hazardous Waste Report: List of Treatment,
Storage, and Disposal Facilities (Based on
1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Iritemef ' > '. . ";7
EPA ORDER NO.: EPA530-R-99-036b
NTIS ORDER NO.: PB99-166 837
URL: http://www.epa.gov/epaoswerAiazwaste/
data/br97/index.htm '•"J^-»- - -
The List of Treatment, Storage arid Disposal ""»
(TSD) Facilities identifies every hazardous'' ^' &•
waste manager in the United States that'O :#&1
reported itself to be a TSD facility in '1997^
Document includes a copy of the Executive/* WJ;
Summary (EPA530-S-99-036).
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November 1999
New Publications
TITLE: The National Biennial RCRA
Hazardous Waste Report: National Analysis
(Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036c
NTIS ORDER NO.: PB99-166 845
URL: http://www.epa.gov/epaoswer/hazwaste/
data/br97/index.htm
The National Biennial Report presents a
detailed look at waste handling practices in the
EPA regions, states, and largest facilities
nationally. The report includes information
about the quantity of waste generated,
managed, shipped and received, and imported
and exported between states, and the number
of generators and managing facilities.
TITLE: The National Biennial RCRA
Hazardous Waste Report: State Detail Analysis
(Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTTS/Internet
EPA ORDER NO.: EPA530-R-99-036d
NTIS ORDER NO.: PB99-166 852
URL: http://www.epa.gov/epaoswer/hazwaste/
data/br97/index.htm
The State Detail Analysis provides a detailed
review of each state's waste handling
practices, including overall totals for
generation, management, and shipments and
receipts, as well as totals for the largest 50
facilities.
TITLE: The National Biennial RCRA
Hazardous Waste Report: State Summary
Analysis (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036e
NTIS ORDER NO.: PB99-166 860
URL: http://www.epa.gov/epaoswer/hazwaste/
data/br97/index.htm
The state summary analysis provides a brief
overview of the generation and management
practices of individual states.
CERCLA
TITLE: Expediting Requests for Prospective
Purchaser Agreements
PUBLICATION DATE: October 1999
AVAILABILITY: Enforcement Compliance
Docket, Internet
ORDER NO.: N/A
URL: http://es.epa.gov/oeca/osre/liabil.html
This memo includes new procedures and
guidelines for EPA to use for prospective
purchaser agreements. It also includes a
checklist of the information that EPA should
request from prospective purchasers, as well as
a sample requestor letter that EPA should send
to prospective purchasers. ;*;-.,
•' - ' ;.'. ;;U • -;.i;
TITLE: Model Prospective Purchaser
Agreement
PUBLICATION DATE: September 1999
AVAILABILITY: Enforcement Compliance
Docket, Internet
ORDER NO.: N/A
URL: http://es.epa.gov/oeca/osre/liabil.html
This model makes minor adjustments to
prospective purchaser agreements. It includes
a clarification of "existing contamination."
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New Publications
November 1999
This model supersedes the May 24,1995,
model, the remainder of the May 24,1995,
prospective purchaser guidance is still current.
TITLE: The Brownfields Economic
Redevelopment Initiative: Proposal Guidelines
for Supplemental Assistance for Brownfields
Assessment Demonstration Pilots
PUBLICATION DATE: October 1999
AVAILABILITY: Internet
EPA ORDER NO,: EPA500-F-99-289
URL: http://www.epa.gov/swerosps/bf/
applicaLhtm
Additional funding is available to Brownfields
Assessment Pilot Communities that have
received EPA funding on or before September
30,1998; these pilots are eligible to apply for
additional funding during FY 2000. For FY
2000, existing assessment pilots may apply for
up to $150,000 for continuance and expansion
of their brownfields assessment efforts, which
will be awarded on a competitive basis.. An
additional $50,000 may be awarded to an
applicant to carry out assessment activities at a
brownfields site to be used for greenspace
purposes.
TITLE: The Brownfields Economic
Redevelopment Initiative: Proposal Guidelines
for Brownfields Cleanup Revolving Loan Fund
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA500-F-99-290
URL: http://www.epa.gov/swerosps/bf/
applicat.htm
This fact sheet outlines the requirements for
receiving funding for the FY 2000 Brownfields
Revolving Loan Fund (BCRLF) pilot program.
It also includes a current list of the existing
BCRLF pilots.
TITLE: Auxiliary Information: National
Priorities List, Proposed Rule and Final Rule
PUBLICATION DATE: October 1999
AVAILABILITY: Internet
ORDER NO.: N/A
URL: http://www.epa.gov/superfund/new/
newnpl.htm
This document includes the sites that EPA has
added to, proposed to, and deleted from the
National Priorities List. It also includes
general background information on the
Superfund program and how sites are placed
on the National Priorities List. This list
supersedes the July 1999 document
TITLE: The Brownfields Economic
Redevelopment Initiative: Proposal Guidelines
for Brownfields Job Training and
Development Demonstration Pilots
PUBLICATION DATE: November 1999
AVADLABILITY: Internet :
EPA ORDER NO.: EPA500-F-99-291
URL: http://www.epa.gov/swerosps/bf/ .
job.htm
The goals of the Brownfields environmental
job training and development pilots are to
facilitate cleanup of Brownfields sites
contaminated with hazardous substances and
prepare the trainees for future employment in
the environmental field. The pilots will each
be funded up to $200,000 over the next two
years. This document outlines the contents of
the proposals for the brownfields
environmental job training and development
pilots. EPA expects to select 10 job training
pilots by the late May of 2000. The deadline
for the new proposals for the 1999
environmental job training and development
pilots is March 3, 2000.
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November 1999
New Publications
TITLE: Y2K Issues in the Oil Program
PUBLICATION DATE: June 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA540-F-99-008,
OSWER 9360.8-18FS, PB99-963 222
URL: http://www.epa.gov/oilspill/y2kfact.htm
This fact sheet discusses how the Y2K
problem could affect the Oil Program, EPA's
requirements for Y2K compliance, and what
the Oil Program is currently doing about Y2K.
EPCRA
TITLE: Letter on Decontamination and First
Responder Liability
PUBLICATION DATE: September 1999
AVAILABILITY: Hotline/Internet
ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/p-genttletters
This memo outlines how CERCLA liability
applies to first responders to releases or threats
of releases. It also includes a discussion about
the lack of an "acceptable level" of
contaminated run-off that results in an
immediate threat to human health and/or the
environment. Acceptable levels of
contaminated run-off are based on site specific
factors, such as the contaminant, concentration,
and the characteristics of the primary receiver
stream.
TITLE: Hazardous Chemical Inventory Tier II
Form and Instructions - WINDOWS Version
3.0 (3.5") , - . -
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/tier2.htm
This software was developed to assist facilities
in preparing their Tier n reporting form, which
is required annually under EPCRA §312. The
purpose of the Tier n form (hazardous
chemical inventory) is to provide state and
local officials as well as the public with
specific information on hazardous chemicals
present at a facility during the past year.
TITLE: Y2K Letter to SERCs and LEPCs
PUBLICATION DATE: November 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http^/www.epa.gov/ceppo/p-
gen.htm#letters
This letter is to encourage facilities to develop
viable contingency plans in preparation for
unanticipated problems and unexpected
releases of hazardous chemicals to the
environment and surrounding community as a
result of the approaching Y2K. The letter also
serves as a reminder from EPA's Office of
Regulatory Enforcement (ORE) to small and . •
medium-sized enterprises that it is their
obligation and responsibility to take prompt
and proper measures to prevent releases
detrimental to human health and the
environment.
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New Publications
November 1999
TITLE: Security Notice to Federal, State, and
Local Officials and Researchers
PUBLICATION DATE: October 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/ap-
991aw.thm
This security notice accompanies EPA's risk
management plan access package sent to
federal, state, and local officials and
researchers. The information included in this
package was created from risk management
plans (RMPs) submitted by facilities subject to
40 CFR Part 68. Currently, the off-site
consequence analysis section of RMPs, the
portion of EPA's database drawn from those
sections, and certain other related materials are
not available to the public. This security
notices serves to describe the applicable
restrictions and the criminal penalties for
violating those restrictions.
TITLE: EPA's Chemical Emergency
Preparedness and Prevention Office
PUBLICATION DATE: September 1999
AVAILABILITY: NSCEP/Internet
EPA ORDER NO.: EPA550-F-97-009
URL: http://www.epa.gov/ceppo/p-small.htm
This fact sheet is a revised, tri-fold brochure on
the Chemical Emergency Preparedness and
Prevention Office (CEPPO). The brochure
highlights CEPPO's mission, programs,
partnerships, and future plans. It also includes
a listing of regional contacts.
CAA§112(r)
TITLE: Washington Suburban Sanitary
Commission: Public Meeting Project
PUBLICATION DATE: November 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/swercepp/ap-
fabr.htm
This fact sheet provides an overview of
meetings held in Washington, D.C. by the
Washington Suburban Sanitary Commission.
The meetings were conducted in order to fulfill
the requirements of the recently enacted
Chemical Safety Information, Site Security,
and Fuels Regulatory Relief Act. The fact
sheets also discuss the challenges, lessons
learned and cost vs. benefit information of the
public meetings that were held.
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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 TolI-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
"Federal Plan Requirements for
Municipal Solid Waste Landfills That
Commenced Construction Prior to
May 30,1991 and Have Not Been
Modified or Reconstructed Since May
30,1991" r
November 8,1999 (64 FR 60689)
'T ' "
EPA promulgated a federal plan to
implement emission guideline requirements
for existing municipal solid waste landfills
(MS WLFs) located in states and Indian
country where state plans or tribal plans are
not currently in effect. The effective date of
this rule is January 7, 2000.
"NESHAPS: Final Standards for
Hazardous Air Pollutants for
Hazardous Waste Combustors"
November 19,1999 (64 FR, 63209)
EPA clarified the Notification of Intent to
5 _ c '
Comply and Progress Report requirements of
the Revised Standards for Hazardous Waste ,
Combustors Final Rule from June 19,1998.:
-i ..-; ••'•'••';
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Federal Registers
November 1999
"OMB Approval Numbers Under the
Paperwork Reduction Act Relating to
the Criteria for Classification of Solid
Waste Disposal Facilities and
Practices"
November 19,1999 (64 FR 66392)
EPA displayed the Office of Management
and Budget (OMB) control numbers under the
Paperwork Reduction Act (PRA) for the
Criteria for Classification of Solid Waste
Disposal Facilities and Practices.
CERCLA
"National Priorities List; Joseph Forest
Products Site"
November 4,1999 (64 FR 60121)
Notice of Deletion
"National Priorities List; McCarty's/
Pacific Hide and Fur Site"
November 4,1999 (64 FH 60121)
Notice of Deletion
"National Priorities List; Tipton Army
Airfield portion of the Fort George G.
Meade Site"
November 12,1999 (64 FR 61526)
1 ^' - - - ,
Notice of Partial Deletion
"National Priorities List; Materials
Technology Laboratory—Watertown
Arsenal Development Corporation
Parcel and Commander's Quarters
Parcel"
November 22,1999 (64 FR 63720)
Notice of Partial Deletion
CAA112(r)
"Approval of Delegation of the *
Accidental Release Prevention
Requirements; Risk Management
Programs (RMP) Under Clean Air Act
Section 112(r)(7); State of Ohio"
November 3,1999 (64 FR 59650)
This action approves delegation of the Clean
Air Act (CAA) § 112(r)(7) accidental release
prevention requirements to the State! of Ohio,
Environmental Protection Agency (OEPA),
Division of Air Pollution Control (DAPC), for
all applicable Ohio sources. DAPC requested
the §112(r)(7) delegation"on July 23, 1999.
PROPOSED RULES
RCRA
"Hazardous Waste Identification Rule
(HWIR): Identification and Listing of
Hazardous Wastes; Proposed Rule"
November 19,1999 (64 FR 63382)
EPA proposed to establish constituent-
specific exit levels for low-risk solid _wastes
that are designated as hazardous because they
are listed, or have been mixed with, derived.,
from, or contain listed hazardous wastes.
Under this proposal, generators of listed,,....-«
hazardous wastes that meet the self-
implementing exit levels would no longer be
subject to the hazardous waste management
system under Subtitle C of RCRA as listed
J • - ..-;.•. 4,J:u.i , • '. .< ".. •
hazardous wastes. EPA also proposed two,»
regulatory options for a concentration-based
exemption. .In addition, EPA discussed the
possibility of revising the land disposal
restrictions (LDRs) by replacing technology-
based treatment standards in the RCRA
regulations with risk-based treatment
standards. Comments concerning the mixture
10
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November 1999
Federal Registers
and derived-from rules must be postmarked on
or before February 17, 2000. Comments
concerning the HWIR concentration-based
exemption and the LDR treatment standards
must be postmarked on or before May 17,
2000.
"Storage, Treatment, Transportation,
and Disposal of Mixed Waste;
Proposed Rule"
November 19,1999 (64 FR 63464)
EPA proposed to provide increased flexibility
to facilities that manage low-level mixed waste
(LLMW) and naturally occurring and/or
accelerator-produced radioactive material
(NARM) mixed with hazardous waste. EPA
proposed to reduce dual regulation of LLMW,
which is subject to RCRA and to the Atomic
Energy Act (AEA). Comments must received
on or before February 17,2000.
CERCLA
"National Priorities List; Jacksonville
Municipal Landfill Superfund Site"
November 9,1999 (64 FR 61051)
Notice of Intent to Delete
NOTICES
RCRA
"Guam: Adequacy Determination of
State Municipal Solid Waste Permit
Program"
November 3,1999 (64 FR 59761)
EPA proposed to issue a determination of
adequacy for Guam's municipal solid waste
landfill (MSWLF) permit program. Comments
must be received on or before November 22,
1999.
"Review of Environmental Protection
Agency Public Participation Policies"
November 30,1999 (64 EB 66906)
EPA requested public comment on the 1981
Policy on Public Participation report and its
effectiveness over the years. Comments must
be received on or before December 30,1999..
CERCLA
"Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) or Superfund, Section
104, Announcement of Proposal
Deadline for the Competition for the
FY 2000 Brownfields Cleanup
Revolving Loan Fund Pilots"
November 5,1999 (64 FR 60440)
EPA began to accept proposals for the FY
2000 Brownfields Cleanup Revolving Loan
Fund Pilots on November 5,1999. The
Brownfields Cleanup Revolving Loan Fund
pilots (each funded up to $500,000) test
cleanup and redevelopment planning models,
direct special efforts toward removing
regulatory barriers without sacrificing
protectiveness, and facilitate coordinated
environmental cleanup and redevelopment
efforts at the federal, state, and local levels! VJ
• ' f t'~ f • "* < • -"*' - • ?*" -;5*"*>' \
EPA expects to select up to 70 additional " """„
-> f .:••'' "J ~ '< 'T/-' •*<••' * '< ' "*'--"," *~\f*T" " ' -^?-Ct~\
Brownfields Cleanup Revolving Loan Fund ~_
pilots by May 2000. The deadline for new ' \
proposals for the FY 2000 Brownfields ''^
Cleanup Revolving Loan Fund pilots is
February 7,2000.
u
-------
Federal Registers
November 1999
NOTICES
"Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) or Superfund, Section
104; Announcement of Proposal
Deadline for the Competition for Fiscal
Year 2000 Supplemental Assistance to
the National Brownfields Assessment
Demonstration Pilots"
November 5,1999 (64 FR 60441)
EPA began to accept proposals for
supplemental assistance for the National
Brownfields Assessment Pilots on
November 5,1999. Assessment pilots
awarded on or before September 30,1998,
may apply for up to $150,000 for continuance
and expansion of their brownfields assessment
efforts. This supplemental funding will be
awarded on a competitive basis. EPA expects
to select up to 50 national brownfields
assessment pilots to receive supplemental
assistance by March 2000. The deadline for
proposals for the 2000 supplemental assistance
is December 22,1999. Proposals must be
post-marked or sent to EPA via registered or
tracked mail by the stated deadline.
"Record of Decision: Hanford
Comprehensive Land-Use Plan
Environmental Impact Statement (HCP
EIS)"
November 12,1999 (64 FR 6161)
The Department of Energy (DOE) is issuing
this Record of Decision (ROD) to adopt a
Comprehensive Land-Use Plan (CLUP) for its
Hanford Site in Washington. The purpose of
this land-use plan and its implementing
policies and procedures is to facilitate
decision-making about the site's uses and
facilities over at least the next 50 years. The
Department's decision seeks to balance the
Department's continuing land-use needs at
Hanford with its desire to preserve important
ecological and cultural values of the site and
allow for economic development in the area.
"Notice of Availability, Final
Restoration Plan"
November 15, 1999 (64 FR 61931)
The U.S. Fish and Wildlife Service (Service),
on behalf of the Department of the Interior
(DOI), as a natural resource trustee, announces
the release of the final Restoration Plan (Final
Plan) for the Hi View Terrace Superfund Site.
The Final Plan describes the DOI's plan to
restore natural resources injured as a result of
remedial actions undertaken to address the
release of hazardous substances from the Hi
View Terrace Superfund Site.
"Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) or Superfund, Section^
31 1(b)(9)(A), CERCLA Section '
31 1 (b)(3); Announcement of
Competition for EPA's Brownfields
Job Training and Development
Demonstration Pilots"
: November 16, 1999 (64 FR 62200) >i
' *"
The Environmental Protection Agency will
begin accepting applications for Brownfields
Job Training and Development Demonstration
Pilots through March 3, 2000. The application
period will close March 3, 2000; and the"4'1"" T
r • . ffz-iy.f.-*
Agency intends to competitively select ten
Pilots by May,' 2000.^ This action is effective
November 16, 1999. All proposals must be
received by March 3, 2000.
12
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November 1999
Federal Registers
NOTICES
EPCRA
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request;
Emergency Planning and Release
Notification Requirements (EPCRA
Sections 302, 303, and 304)"
November 8,1999 (64 FR 60814)
In compliance with the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.), this document
announces that the following Information
Collection Request (ICR) has been forwarded
to the Office of Management and Budget
(OMB) for review and approval: Emergency
Planning and Release Notification
Requirement (EPCRA sections 302, 303, and
304), OMB Control No. 2050-0092, expires
January 31,2000. The ICR describes the
nature of the information collection and its
expected burden and cost; where appropriate, it
includes the actual data collection instrument.
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request;
Community Right-to-Know Reporting
Requirements Under Sections 311 and
312 of the Emergency Planning and
Community Right-to-Know Act
(EPCRA)"
November 12,1999 (64 FR 61634)
In compliance with the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.), this document
announces that the following Information
Collection Request (ICR) has been forwarded
to the Office of Management and Budget
(OMB) for review and approval: Community
Right-to-Know Reporting Requirements under
§§311 and 312 of EPCRA, OMB Control
Number 2050-0072, expiring January 31,
2000. The ICR describes the nature of the
information collection and its expected burden
and cost; where appropriate, it includes the
actual data collection instrument
"Lead and Lead Compounds; Lowering
of Reporting Thresholds; Community
Right-to-Know Toxic Chemical
Release Reporting; Public Meetings"
November 15,1999 (64 FR 61807)
EPA will hold public meetings to obtain
comment on issues relating to the August 3,
1999, proposed rule to lower the reporting
thresholds for lead and lead compounds which
are subject to reporting under EPCRA §313
and §6607 of the Pollution Prevention Act of
1990 (PPA). The proposed action would lower
the threshold for each category to 10 pounds.
CONSENT DECREES AND
SETTLEMENTS
"Proposed Administrative Settlement;
Raymark Industries, Inc. Superfund Site"
November 1,1999 (64 FR 58841)
"Proposed Administrative Settlement;
Sanders Aviation Superfund Site"
November 4,1999 (64 FR 60194)
"Proposed Clean Water Act Class II
Administrative Penalty; Paramount
Petroleum Corporation, Inc. and Eott
. Energy Operating Limited Partnership"
November 4, 1999 (64 FR 60204)
" Proposed Administrative Settlement;
Blackburn and Union Privileges
Superfund Site"
November 5, 1999 (64 FR 60444)
13
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Federal Registers
November 1999
NOTICES
"Amended Consent Decree; United
States v. ASARCO, Inc., etal."
November 12,1999 (64 FR 61662)
i
"Proposed Administrative Settlement;
Holloway Waste Oil Site"
November 15,1999 (64 FR 61877)
"Proposed Administrative Settlement;
Peach Metal Industries, Inc. Superfund
Site"
November 18, 1999 (64 FR 63045)
"Proposed Administrative Settlement; Bull
Moose Tube Superfund Site"
November 22,1999 (64 FR 63811)
"Proposed Administrative Order on
Consent; Gates Corporation, Boone,
Iowa"
November 23, 1999 (64 EB 65696)
"Proposed Administrative Settlement;
Aurum Etching Superfund Site"
November 24, 1999 (64 FR 66185)
"Partial Consent Decree; United States v.
JackL Aronowitz, etal."
November 26, 1999 (64 FR 66491)
• •,.._ -c '
"Consent Decree; United States v. East
Charleston and Fogg, and Harold
Gerechf
November 26, 1999 (64 FR 66491)
"Proposed Administrative Settlement; Gary
Lagoons Superfund Site"
November 29, 1999 (64 FR 66634)
"Consent Decree; United States v.
Western Processing Co., etal."
November 30, 1999 (64 FR 66932)
"Consent Decree: United States vs.
Western Processing Co"
November 30,1999 (64 FR 66932)
14
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CALL ANALYSES
This month, the Hotline responded to a total of 13,997 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
2,079
207
97
8
53
123
77
3
86
0
2
198
296
144
12
68
28
3,481
: No caller profile data available.
15
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Call Analyses
November 1999
Emergency Planning and Community Right-to-Know Act/
Super-fund Hotline
Manufacturers
Food/Tobacco 29
Textiles * 6
Apparel 2
Lumber & Wood 2
Furniture 1
Paper 4
Printing & Publishing 12
Chemicals 170
Petroleum & Coal 39
Rubber and Plastics 15
Leather 0
Stone, Clay & Glass 8
Primary Metals 14
Fabricated Metals 55
Machinery (Excluding Electrical) 1
Electrical & Electronic Equipment 0
Transportation Equipment 14
Instruments 1
Misc. Manufacturing 105
Metal Mining 5
Coal Mining 3
Electricity Generating 25
RCRA Subtitle C 4
Solvent Recovery 4
Petroleum Bulk Storage 29
Chemical Distributor 5
Propane Retailer 29
POTW 20
Subtotal 602
Consultants/Engineers . 1,698
Attorneys 84
Citizens 95
Public Interest Groups 50
Educational Institutions 27
EPA 32
Federal Agencies 35
GOCOs 1
Congress 0
State Officials/SERC 30
Local Officials/LEPCs 0
Fire Departments 4
Hospitals/Laboratories ^ 5
Trade Associations 1
Union/Labor 0
Farmers 1
Distributors 23
Insurance Companies 0
Media/Press 1
Native Americans 0
International 0
Other 198
Referrals* - 144
Transfers Jo RCRA/UST Hotline* 94
Document Retrieval Line* 0
Message Retrieval Line* 142
TOTAL NUMBER OF CALLERS 3,267
: No caller profile data available.
16
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November 1999
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
641
901
409
438
66
43
126
20
Solid and Hazardous Waste Exclusions 2601
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
32
14
511
5221
154
109
81
SUBTITLED
Household Hazardous Wastes 87
Subtitle D - General 137
Technical Standards 19
Industrial Wastes 40
Municipal Wastes 71
Indian Lands 6
Financial Assurance 1
Solid Waste Recycling/Markets -
General 333
Aluminum 1
Batteries 8
Glass 1
Paper 14
Plastics 12
Tires 13
Used Oil 9
Composting ** 26
Procurement 42
Source Reduction/Pollution Prevention 1111
Grants and Financing 14
147
2861
85
41
23
25
,3
19
155
66
161
140
84
• 38
117
2111
.114
63
34
1
190
12
0
27
104
9
TOTAL QUESTIONS 7,475*
* Includes 2,892 RCRA document requests.
UST
General/Misc. 56
Applicability/Definitions 96
Regulated Substances 15
Closure 23
1998 Deadline 16
Standards for New Tank Systems 13
Tank Standards and Upgrading , 11
Replacing/Closing . .";?,
Release Detection 7 37V
Reporting Requirements ' s, : 5
Operating Requirements 'J '0
Corrective Action for USTs ' m28
Financial Responsibility 16
Enforcement 191
State Programs 6
Private Sector , ,0
Indian Lands 0
MTBE 1
LUST General/Miscellaneous 3
RBCA 0
Technologies • 0
Solvency/Cost Controls 0
TOTAL QUESTIONS 352*
„ „ ,, .„....,. * Includes 88 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.
-------
Call Analyses
November 1999
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title ffl Questions 287
Trade Secrets 0
Enforcement . 291
Liability/Citizen Suits 0
Training 1
Chemical-Specific Information 16
Federal Facilities Executive Order 3
Emergency Planning (§§301-303):
General 49
Notification Requirements 13
SERC/LEPC Issues 17
EHSs/TPQs 21
Risk Communication/
Hazards Analysis 11
Exemptions 5
Emergency Release Notification (§304):
General 44
Notification Requirements 54
Reportable Quantities 60
CERCLA §103 vs. SARA §304 25
ARIP/AHEDB/ERNS 0
Exemptions 24
Hazardous Chemical Reporting
(§§311-312)
General 105
MSDS Reporting Requirements 63
Tier UH Requirements 1771
Thresholds 70
Hazard Categories 7
Mixtures Reporting 7
Exemptions 42
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
329
32
5001
2291
6801
12
370
168
7
25
22
4
42
51
CAA
General Duty : 22
RMP General 386
Regulated Substances/Thresholds 2071
Exemptions 100
Process Identification 17
Program Levels 10
Offsite Consequence Analysis 1031
Accident History 0
Prevention Program 3
Emergency Response Program 3
Management Program 1
RMP Submission 78
Access to RMP Data 1271
Risk Communication 57
State Implementation 5
RMP Enforcement 32
TOTAL QUESTIONS 4,752
"Includes 689 Emergency Planning and Community
Right-to-Know document requests.
SUPERFUND
General/Misc. 294
Access & Information Gathering 8
Administrative Improvement ; .
General 21
Environmental Justice/Brownfields 1351
SACM/Presumptive Remedies : 2
Soil Screening Levels - 7
Administrative Record 6
ARARs ;20
CERCLIS .. 65
Citizen Suits - - u 2
Claims Against Fund ;-j;:.17
Clean-Up Costs 28
Clean-Up Standards - <•-. 21
Community Involvement 18.
Contract Lab Program (CLP) 4
Contractor Indemnification ~»- 0
Contracts ;>^1
Definitions i: 6
Enforcement " 43
Federal Facilities 8
Hazardous Substances 58
HRS 9
Liability 65
Local Gov't Reimbursement 0
18
1 Hot topics for this month
• Topics arc calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
-------
November 1999
Call Analyses
Natural Resource Damages
NCP
Notification
NPL
Off Site Rule
OSHA
PA/SI
PRPs
RD/RA
Reauthorization
Remedial
Removal
RI/FS
Risk AssessTHealth Effects
ROD
RQ
Settlements
SITE Program
State Participation
State Program
TAGs
Taxes
Special Topics
Oil Pollution Act
SPCC Regulations
TOTAL QUESTIONS
""Includes 445 Superfund document requests.
18
16
771
621
19
0
16
36
7
0
16
0
21
651
20
621
30
0
0
12
0
9
7
87
1,418*
FOTAL HOTLINE QUESTIONS
1ND DOCUMENT REQUESTS: 13,997
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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