EPA/530-SW-91-093L FB92-131 368 Pin! I? MONTHLY HOTLINE REPORT December 1991 t RCRA/SF/OUST andj Emergency Planning and Community Right-to-Know Hotline Questions and Answers f Resource Conservation and Recovery Act (RCRA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Emergency Planning and Community Right-to-Know 2 3 New Publications Resource Conservation and Recovery Act (RCRA) Federal Registers Final Rules 6 Proposed Rules 7 Notices 7 s4'*"~Ť' >&>W: ; ^\vo,t,-4:,i *^s,V/ -%"s]j& *v^fW4^ s V"^V5^ - >X"~i > ^ '-. "-^-"It ^ XC%< 5* \,9-^ , j.m.-. Call Analyses Calls Answered 9 Caller Profiles 12 Hotline Topics 14 RCRA/SF/OUST Hotline National Toll Free No.: 800-424-9346 Emergency Planning and Community Right-to-Know Hotline National Toll Free No.: 800-535-0202 This report is prepared and submitted in support of Cantract No. 68-WO-0039. EPA Project Officer: Barbara Roth. (202) 260-2858 U S. Environmental Protection Agency Washington, DC 20460 Pnn'ed Recycled ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Reclaimed Spent Wood Preservative Exclusion in 40 CFR Section 261.4(a)(9) In the December 6,1990, Federal Register (55 FR 50450), EPA promulgated hazardous waste listings for three wastes generated from wood preserving processes: F032, F034, andF035. These listings include spent wood preserving solutions which are often collected on drip pads, reclaimed (usually by means of filtration or oil/ water separation), and reused again in wood preserving processes. If a wood preserving facility uses reclaimed spent preservative (F032, F034, or F035) to treat wood products which are subsequently placed on the land, would the reclaimed spent preservative be regulated as a hazardous waste under the derived-from rule (40 CFR §261.3(c)(2)) since it is derived from the treatment (reclamation) of a listed waste? No. Although in the general case, materials reclaimed from hazardous wastes that are used in a manner constituting disposal continue to be regulated as solid and, if hazardous, hazardous wastes, an exclusion from regulation as solid and, thus, as hazardous wastes was promulgated with the new listings for reclaimed spent wood preserving solutions that are reused for their intended purpose. Generally, the derived-from rule in 40 CFR §261.3(c)(2) classifies any solid waste derived from the treatment, storage, or disposal of a listed hazardous waste as that hazardous waste. There is an exception to this rule. In §261.3(c)(2)(i), a material that is reclaimed from a hazardous waste and used beneficially, e.g., used as a product, is no longer considered a solid waste, and thus is not a hazardous waste. This exception does not apply, however, when a reclaimed material is used, burned for energy recovery, or used in a manner constituting disposal. Because in this case the wood products treated with the reclaimed wood preserving solutions are placed on the land (used in a manner constituting disposal), the §261.3(c)(2)(i) exclusion would not apply to the reclaimed preservatives or to the treated wood products. Thus, the preservatives and the wood products would be regulated as derived-from listed hazardous wastes. In the December 6, 1990, final rule, however, the Agency stated that "regulating reclaimed spent preservative and products made with reclaimed spent preservative was not and is not EPA's intent." To implement this intent, an exclusion from the definition of solid waste was promulgated under §261.4(a)(9), which excludes from the definition of solid waste those spent wood preserving solutions and waste waters that have been reclaimed and will be reused for their original intended purpose. Thus, under 40 CFR §261.4(a)(9), once spent wood preserving solutions are reclaimed and have been returned to the process (i.e., the work tank), the reclaimed solutions used for their intended purpose (wood preserving) are not solid wastes and thus not hazardous wastes.. Note that this exclusion does not apply to the recycling process (the recycling unit would be exempt from permitting under §261.6(c)), or to any prior management of the spent preservative. Also, noic that the wording of the §261.4(a)(9) exemption was corrected in the July 1, 1991. Federal Register notice. (56 ER 30192). ------- Hotline Questions and Answers December 1991 2. SW-846 Test Methods Are the test methods published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," known as SW-846, required to show compliance with 40 CFR Pan 268 land disposal restrictions (LDR) in situations where the treatment standard is expressed as a concentration? Are SW- 846 methods required to show compliance with Part 261, Subpart C hazardous waste characteristics? Generally, the test methods found in SW-846 are not required but are intended to serve as guidance. EPA recommends these methods for evaluating solid waste and the Agency will use the recommended methods in enforcement situations. There are a handful of exceptions to this rule where specific test methods are required. Compliance with LDR for wastes that have a treatment standard expressed as constituent concentrations in wastes (CCW, §268.43) can be shown using any appropriate method. This section does not specifically require the use of SW-846 methods. If the waste treatment standard is expressed as constituent concentrations in waste extracts (CCWE, §268.41), then the Toxicity Characteristic Leaching Procedure (TCLP), which is specifically referenced in §268.41 (a), must be performed. Following that, however, any appropriate method may be used to determine concentrations of hazardous constituents in the extract and to show compliance with LDR. Similarly, in identifying Part 261, Subpart C characteristics, §262.11 provides that a generator has the option of applying knowledge of the hazardous characteristics of the waste in light of the materials or the processes used, or testing the material to determine whether or not it is a hazardous waste. If the generator chooses to test, he must use the method prescribed in Subpart C of 40 CFR Pan 261. The toxicity characteristic, for example, references method 1311, the TCLP, which must be used to obtain an extract of the waste. Following that, as with LDR, any appropriate method may be used to analyze the extract for hazardous constituents. In determining the characteristic of ignitability, the regulations reference two specific test methods, the Pensky- Martens (method 1010) and the Setaflash (method 1020), either of which must be employed when testing. The characteristic of corrosivity also references a specific test method. If the generator chooses to test the pH of a given waste stream, method 9040 must be used. Several other regulatory sections also require the use of SW-846 test methods. For example, in completing a petition to delist a waste from a specific facility, SW-846 methods must be used in accordance with §260.22. CERCLA 3. Differences Between Class I and Class II CERCLA Section 109 Penalties CERCLA §109 authorizes administrative assessment of two types of civil penalties: Class I and Class II. What are the differences between these two types of penalties and how do they differ from judicial assessments? Class I and Class II penalties under § 109 of CERCLA differ from each other with respect to the amount of penalty collected and the procedure for assessing the penalty. EPA may assess Class I penalties at not more than $25,000 pgr violation of certain CERCLA requirements listed in §109(a). Class II violations may be assessed at not more than $25,000 per day per violation of certain CERCLA requirements listed in §109(b). Further, the Agency can assess a Class II penalt> of up to 575,000 per day for subsequent or second violations. ------- December 1991 Hotline Questions and Answers OSWER Directive 9841.1 discusses the administrative penalty assessment procedures for each type of violation. Both Class I and Class II violators have the opportunity for an administrative hearing concerning the penalty assessment. Only Class II hearings, however, are required to use the formal adjudicatory procedures contained in §554 of the Administrative Procedures Act. The statute also provides an opportunity for judicial review of both Class I and II administrative penalties assessed. Class I parties may seek review before the U.S. District Court, while Class II parties may petition the appropriate U.S. Court of Appeals. While administrative penalties are assessed by EPA, a judicial assessment may be sought by the Agency through the Department of Justice in a U.S. District Court. The list of CERCLA requirements subject to judicial assessment under this section is provided in §109(c). The court can assess a penalty of not more than $25,000 per day of the violation for the first violation and not more than $75,000 per day for a second or subsequent violation. Judicial assessment of other civil penalties under CERCLA is also addressed in other sections of the statute (e.g., §104(e)). EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 4. Section 313: Supplier Notification Requirements The regulations at 40 CFR Section 372.45(c)(l) state that "[t]he person shall provide the written notice described in paragraph (b) of this section to each recipient of the mixture or trade name product with at least the first shipment of each mixture or trade name product to each recipient in each calendar year beginning January 1,1989." Is the supplier required to notify customers if a §313 toxic chemical that is present in the mixture is later delisted by EPA, since the chemical is no longer a §313 toxic chemical? As stated in 40 CFR §372.45(c)(l), the supplier is only required to notify recipients if the mixture or trade name product contains a listed toxic chemical. The supplier is not responsible for providing modified notice as an immediate result of the Agency's delisting activity. If the mixture contains other §313 toxic chemicals, then the supplier would simply delete the delisted chemical from the next year's notification. ------- D f ^ 1 NEW \ PUBLICATIONS HOW TO ORDER NT1S Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Be sure to include the NTIS Order Number listed under the document. Hotline Publications are available through the RCRA/Superfund/OUST Hotline by calling a Document Specialist at 1-800-424-9346. Be sure to include the EPA Order Number (if any) listed under the document. RCRA TITLE: "EPA Proposed Treatment Standards for 20 Newly Listed Hazardous Wastes and Construction Debris" AVAILABILITY: Hotline EPA ORDER NO.: EPA/530-SW-91-081 Proposal for Land Disposal Restrictions treatment standards for 20 newly listed wastes that are based on identified best demonstrated available technologies for the treatment of these wastes. CERCLA TITLE: "ECO Update; Ecological Assessment of Superfund Sites: An Overview" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 335 Updates framework for ecological studies and assessment in the Superfund remedial process. The document offers a description of ecological assessment components and a discussion of how they fit into the Remedial Investigation and Feasibility Study process. TITLE: "Risk Assessment Guidance for Superfund: Volume 1 - Human Health Evaluation Manual (Pan B)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 333 Part B of a three-pan series. Pan A addresses the baseline risk assessment. Pan B provides guidance on using U.S. EPA toxicity values and exposure information to derive risk-based preliminary remedial goals for a CERCLA site. Pan C addresses human health risk evaluations of remedial alternatives. TITLE: "Risk Assessment Guidance for Superfund: Volume I - Human Health Evaluation Manual (Pan C)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 334 Pan C of a three-pan series. Pan A addresses the baseline risk assessment. Pan B addresses the development of risk-based preliminary remediation goals. Pan C provides guidance on the human health risk evaluations of remedial alternatives that are conducted during the feasibility study, during selection and document- ation of a remedy, and during and after remedy implemention. ------- December 1991 Publications CERCLA TITLE: "Revision of Policy Regarding Superfund Project Assignment Between Alternative Remedial Contracting Strategy Contractors and the U.S. Army Corps of Engineers" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 327 Revises the policy for assigning Superfund remedial work to EPA Alternatives Remedial Contracting Strategy contractors and the U.S. Army Corps of Engineers. ------- FEDERAL REGISTERS FINAL RULES RCRA "Interim Status Standards for Downgradient "EPA Grants an Exclusion to Reynolds Ground-Water Monitoring Wells " Metals Company" December 23,1991 (56 FR 66365) December 30,1991 (56 FR 67198) EPA is revising its policy with respect to the deletion of sites from the National Priorities List (NPL). Agency policy had linked deletion from the NPL with the five-year reviews conducted pursuant to Section 121(c) of CERCLA. The Agency has now determined that the two processes should be managed separately. "Final Amendment to Exclusion" December 27,1991 (56 FR 66997) EPA finalized a proposed amendment to an exclusion previously granted to the EPA Mobile Incineration System. In amending the exclusion, the Agency is transferring the exclusion to wastes to be generated by a different incinerator that is owned and operated by Aptus Incorporated. EPA granted a final exclusion from the lists of hazardous waste generated at Reynolds Metals Company, in response to a petition submitted under 40 CFR Section 260.20. OUST "UST Financial Responsibility Extended Compliance Date" December 23,1991 (56 FR 66369) The final rule modifies the compliance dates under the 40 CFR Section 280.9 l(d) by extending the compliance deadline for petroleum marketing firms owning one to 12 USTs at more than one facility, or fewer than 100 USTs at a single facility, and nonmarketers with a net worth of less than $20 million from October 26, 1991, to December 31, 1993. Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. ------- December 1991 Federal Registers PROPOSED RULES RCRA "Modified Wood Preserving Standards" December 5,1991 (56 FR 63848) EPA is "proposing to amend the RCRA regulations by modifying Subpart W standards for drip pads and modifying the listings of F032, F034 and F035. Final action on these issues will result in the removal of the wood preserving administrative stay (56 FR 27332). SUPERFUND "Proposed fie. Mlnimis Settlement with I. Jones Recycling" December 4,1991 (56 F_B 63514) EPA announces a proposed settlement under Section 122(g) of CERCLA to resolve the liabilities of four dŁ minimis parties for response costs at the I. Jones Recycling, Clinton Street facility, in Fort Wayne, Indiana. NOTICES RCRA "Cancellation of Mining Waste Meeting" December 4,1991 (56 FR 63513) EPA announces the cancellation of FACA Committee Meeting on the Policy Dialogue Committee on Mining Waste. SUPERFUND "Notice of Proposed Settlement" December 16,1991 (56 Ffi 65254) EPA gives notice of a proposed administrative cost recovery settlement with Copies of RCRA Federal Registers are available through 1-300-424.9346. Eager Beaver Lumber Company, in Townville, Pennsylvania. Comments will be received for a period of 30 days. "Intention to Delete Westline Site from NPL" December 17,1991 (56 Ffi 65462) EPA announces its intention to delete the Westline Site from the National Priorities List, and requests comments on this action. Comments must be submitted on or before January 16, 1992. "Proposed Cost Recovery Settlement" December 20,1991 (56 FR 66034) EPA gives notice of a proposed administrative cost recovery settlement to resolve a claim under Section 107 of CERCLA against the Southern Pacific Transportation Company. Comments are requested. "De-linking Policy" December 24,1991 (56 FR 66601) EPA is revising its policy with respect to deletion of sites from the National Priorities List (NPL) under CERCLA. Former Agency policy linked deletion from NPL with the five- year reviews. EPA has now determined that the two processes should be managed seperately. OUST "Advisory Committee Meeting" December 26,1991 (56 EB 66865) The Class II Underground Injection Advisory Committee announces a meeting on Tuesday and Wednesday, January 21 and 22. in Alexandria, Virginia, to continue work on construction and areas of review for Class II Injection Wells. the Hotline by calling a Document Specialist at ------- Federal Registers December 1991 NOTICES EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW "Notice of Final Cancellation Orders" December 2,1991 (56 FR 61248) On September 4, 1991, EPA announced receipt of requests for voluntary cancellation of registrations for products containing 2- ethyl- 1,3-hexanediol. Final orders of cancellation have been issued, and distribution, sale or use of existing stocks is prohibited as of October 4, 1991. "Notice of Issuance of Intent to Suspend Pesticide Registration" December 11,1991 (56 FR 61248) EPA has issued notices of intent to suspend pesticide registrations pursuant to Section 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The notices were issued following issuance of data call-in notices by the Agency and the failure of registrants subject to the data call-in notices to take appropriate steps to secure the data required to be submitted to the Agency. "Notice of Voluntary Cancellation of Pesticide Products Containing Ethylparathion" December 13,1991 (56 Ffi 65061) This notice, pursuant to Section 4(i)(5)(D) of the FIFRA, announces EPA's intent to cancel certain parathion registrations due to requests for voluntary cancellation, and registrants failure to pay the maintenance fee due on March 1, 1991. After publication of this notice, distribution and sale of canceled parathion products will only be permitted if such sale, distribution, or use is consistent with the terms of the Cancellation Order. GENERAL "Fifth Update of the Compliance Docket" December 12,1991 (56 FR 64898) EPA gives notice of the fifth update of the Federal Agency Hazardous Waste Compliance Docket. This notice also includes a section comprising revisions to the previous Docket list. ------- CALL ANALYSES 500 450 400 350 300 250 200 150 100 50 0 CALLS ANSWERED BY HOTLINE December Daily Volume* fc_ RCRA/SF/OUST \. Emergency Planning and Community Right-to-Know 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 26 27 30 31 Year-To-Date Volume* 140000 -p 120000 - 100000 - 80000 - 60000 - 40000 - 20000 - RCRA/SF/OUST _ t -^a Emergency Planning and Community Right-to-Know Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec * All calls answered by the Call Management System ------- Call Analyses December 1991 500 y 450 400 350 - 300 250 - 200 - 150 >Ť 100 -- 50 i* 0 -- CALLS ANSWERED BY TYPE December Daily Volume* Questions ^ť Referrals *Vť*Ťť. -JI 1 1- -I 1 1 1 1 1 1 1 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 26 27 30 31 Year-to-Date Volume* Grand Total Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec * Ail calls answered by the Call Management System. A single call may result in multiple questions combined with documcr.i requests and referrals. 10 ------- December 1991 Call Analyses CALLS ANSWERED BY PROGRAM AREA December 1991* Based on 11,381 questions posed and excludes 1,240 referrals made from both Hotlines Year-at-a-Glance* 1991 Based on 177,779 questions posed and excludes 23,635 referrals made from both Hotlines ------- Call Analyses December 1991 CALLER PROFILE RCRA/SF/OUST Hotline Regulated Community 6,271 Citizens 703 State & Local Gov't./Native American 357 Federal Agencies 189 Educational Institutions 136 EPA 121 Other 94 Media 30 Interest Groups 97 Congress 0 Referrals 1,006 Internationals 15 TOTAL 9,019 State/Local Gov't/ Native American 4% Federal Agencies Citizens 9% Regulated Community 12 ------- December 1991 Call Analyses Emergency Planning and Community Right-to-Know Hotline Manufacturer Food/Tobacco 50 Textiles 11 Apparel 2 Lumber & Wood 10 Furniture 5 Paper 19 Printing & Publishing 33 Chemicals 206 Petroleum & Coal 43 Rubber and Plastics 14 Leather 5 Stone, Clay & Glass 9 Primary Metals 42 Fabricated Metals 57 Machinery (Excluding Electrical) 25 Electrical&Electronic Equipment 39 Transportation Equipment 20 Instruments 6 Misc. Manufacturing 18 Not Able to Determine 46 Consultants/Engineers Attorneys Citizens All Others Trade Associations Public Interest Groups Universities/Academia Insurance Companies Hospitals State Agencies/SERC Fire Departments EPA Local Officials LEPC Farmers Federal Agencies Media/Press Union/Labor Distributors Indians Laboratories Misc. Referrals Internationals TOTAL 374 110 157 13 29 78 0 12 84 17 56 45 *37 0 '30 12 0 ' 10 0 16 113 234 3 2,090 Citizens 8% Attorneys 6% Consultants/ Engineers 20% All Others 30% ------- Call Analyses December 1991 HOTLINE TOPICS RCRA General/Misc. Special Wastes Ash Bevill Medical Oil and Gas Subtitle C Wastes Hazardous Waste Identification General Toxicity Characteristic Wood Preserving Used Oil Fluff Mixed Waste Delisting & Petitions Hazardous Waste Recycling Generators Small Quantity Generators Transporters Treatment, Storage & Disposal Facilities General Facility Standards Siting Capacity Treatment Burning Storage Disposal Land Disposal Restrictions Permits & Interim Status Corrective Action Financial Assurance Liability/Enforcement Test Methods Health Effects Pollution Prevention/Waste Min. State Programs Hazardous Waste Data Subtitle D Wastes Household Hazardous Waste Subtitle D Facilities General Facility Standards Siting Combustion Industrial Wastes Composting Source Reduction Grants & Financing Procurement General 630* 0 21 147 1 1206* 190 41 113 0 17 43 164 414* 136 98 167 3 0 137 93 79 74 341* 110 139 0 63 108 0 30 54 4 74 129 5 1 0 8 0 0 0 Building Insulation 0 Cement & Products with Fly Ash 0 Paper & Paper Products 2 Re-refined Lubricating Oil 0 Retread Tires 1 Solid Waste Recycling General 173 Aluminum 3 Batteries 7 Glass 3 Paper 6 Plastics 13 Tires 9 Used Oil 145 Markets General 43 Aluminum 3 Batteries 3 Compost 6 Glass 3 Paper 3 Plastics 2 Tires 8 Used Oil 7 Document Requests 1,663 TOTAL 6,943 SUPERFUND General/Misc. 78 Access & Information Gathering 33 Administrative Record 2 Allocations from Fund 7 ARARs 41 CERCLIS 103* Citizen Suits 5 Clean-Up Costs 5 Clean-Up Standards 16 Community Relations 16 Contract Lab Program (CLP) 16 Contractor Indemnification 4 Contracts 9 Definitions 9 Emergency Response 9 Enforcement 36 Exposure AssessTRisk Assess. 23 Federal Facilities 12 Fund Balancing 4 Grants 2 14 * Hot topics for this reporting period Topics are calculated as the summation of all questions received by the Hotline. A single call may result In multiple questions. ------- December 1991 Call Analyses Hazardous Substances 71 Health/Toxics 13 HRS 30 Liability 50 Mandatory Schedules 0 Natural Resource Damages 3 NBARs 2 NCP 53 Notification 49 NPL 101* Off Site Policy 9 On Site Policy 8 OSHA 4 PA/SI 9 PRPs 14 Public Participation 10 RCRA Interface 3 RD/RA 21 Remedial 18 Removal 17 Response 14 RI/FS 19 ROD 28 RQ 119* SARA Interface 17 Settlements 8 SITE Program 22 State Participation 4 State Program 5 Taxes 13 Title in/Right-to-Know 34 Document Requests 443 TOTAL 1,641 OUST General/Misc. 82 Applicability/Definitions 61 Regulated Substances 13 Standards for New Tank Systems 13 Tank Standards and Upgrading 13 Operating Requirements 12 Release Detection 35 Release Reporting & Investigation 0 Corrective Action for USTs 13 Out-of-Service/Closure 36 Financial Responsibility 189* State Programs 14 Liability/Enforcement 9 LUST Trust Fund 4 Document Requests 111 TOTAL 605 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW Title HI General 74 §301-3 Emergency Planning General 80 SERCs/LEPC 18 Notification 4 Mixtures 7 Extremely Hazardous Substances 44* Delisting EHS 6 Exemptions 12 §304: General 64 Notification Requirements 18 Reportable Quantities 33 RQs vs. TPQs 11 Transportation 7 Exemptions 11 §311/312: General 112* MSDS Reporting Requirements 38 Tier I/n Regulations 80 Thresholds 53 OSHA Expansion 14 Hazard Categories 11 Mixtures 18 Exemptions 35 §313: Form R 381* Thresholds 37 Phase I 32 Phase n 11 Phase m 2 Workshop (Training) 119* Petitions 23 Health Effects 4 Database 44 Exemptions 43 Training: General 5 §305 Training Grants 0 §305 Emergency Systems Review 0 § 126 (SARA) Training Regulations 0 * Hot topics for this reporting period Topics are calculated as the summation of all questions received by the Hotline. A single call may result In multiple questions. ------- Call Analyses December 1991 .. Trade Secrets 5 . Guide 0 Enforcement 8 Chemical Profile 1 Liability 2 i;RT~i . . . * Document Requests 628 Hazard Analysis 0 n Risk Communication 0 Title m Workshops 0 Information Management 0 Prevention ARIP 0 Other 95 TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 12,621 * Hot topics for this reporting period Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. ------- |