EPA530-R-93-0041
PB93-922 409
MONTHLY HOTLINE REPORT
September 1993
RCRA/SF/OUST and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA)
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 6
Other 7
Federal Registers
3
Final Rules 9
Proposed Rules 10
Notices 10
Call Analyses
Calls Answered
Caller Profiles
Hotline Topics
RCRA/SF/OUST EPCRA
National Toll-Free No.: 800-424-9346 National Toll-Free No.: 800-535-0202
TDD National Toil-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer:
Carie VanHook Jasperse. (202) 260-7388
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Pap
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Nitroglycerine Pills as Commercial
Chemical Products
A pharmaceutical company manufactures
pills that contain a low percentage of
nitroglycerine, with inert ingredients making
up the remainder of the content. The
manufacturer must throw away a batch of pills
that has exceeded its shelf life. When
discarded, are the pills a hazardous waste? If
so, what waste code would apply?
The pills discarded by the manufacturer are
a hazardous waste with the waste code P081.
Several hundred commercial chemical
products are listed in 40 CFR §§261.33(e) and
(f). Nitroglycerine is listed in §261.33(f) with
the waste code P081. The Comment in
§261.33(d) defines the term "commercial
chemical product" as unused chemicals that
are either (1) pure or technical grades, or (2)
formulations that contain the listed chemical as
the only active ingredient. The P- and U-
listings apply to such unused formulations of
commercial chemical products regardless of
the concentration of the sole active ingredient;
except for the listings for warfarin and salts
(P001 and U248) and zinc phosphide (PI22
and U249), there is no critical percentage or
cut-off concentration of the sole active
ingredient that will cause a waste to fall
within, or be excluded from, the listing. In this
example, the pills constitute a formulation
containing nitroglycerine as the sole active
ingredient Since the pills have not been used
for their intended purpose (simply incorporating
the nitroglycerine into the formulation does not
constitute use), and nitroglycerine is the only
component serving the function of the product
(i.e., as medicine), the discarded pills are
appropriately classified as hazardous waste
P081.
CERCLA
2. De Micromis Superfund Settlements
EPA generally chooses not to pursue
enforcement activities against those potentially
responsible parties (PRPs) who contributed
only minuscule amounts of hazardous
substances to a Superfund site. Despite this
policy, very small PRPs remain vulnerable to
third-party contribution actions in which larftr
PRPs sue to recover cleanup expenses. Tke
mere legal fees incurred by minor PRPs M tuck
contribution suits may easily exceed the j
of cleanup costs they could expect to pay
a typical EPA settlement or judgment. H<** cm
very small PRPs achieve fair resolution of ttttv
Superfund liability and protection from
contribution actions?
PRPs who contributed only minuscuk
amounts of hazardous substances to a
Superfund site are called "de micromis'
De micromis is a term EPA coined to i
PRPs who made a minuscule contribution » •
Superfund site and to distinguish them fro* A
minimis PRPs. De micromis PRPs may bt
eligible for de micromis settlements with EPA
that provide resolution of liability and
contribution protection. De micromis
settlements form a subset of de minimis WM
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Hotline Questions and Answers
September 1993
contributor settlements. De minimis
settlements are used to expeditiously resolve
the liability of PRPs who meet the statutory
eligibility criteria of CERCLA §122(g)(l)(A).
A d£ minimis waste contributor PRP's
contribution of hazardous substances to a site
must be minimal in amount and toxicity
relative to other hazardous substances at the
facility. The total value of a dc. minimis
settlement must also represent only a minor
portion of overall response costs for the site in
question. De minimis settling parties typically
provide EPA with a cash payment
commensurate with their contribution of waste
to a site. EPA typically grants the settling
parties a covenant not to sue for past and
future civil liability relating to the cleanup, as
well as contribution protection. De minimis
waste contributor settlements generate funds
for site cleanup while eliminating further
negotiation and litigation costs for both the
PRPs and EPA.
Since the de micromis settlement is a type
of de minimis settlement, PRPs seeking to
resolve their liability as de micromis
contributors must meet the CERCLA
§122(g)(l)(A) eligibility criteria described
above. In addition, PRPs qualify for de
micromis settlements only if their hazardous
substance contribution is below a maximum
cut-off level established on a case-by-case
basis for each Superfund site. EPA's
o ettlements with De
Micromis Waste Contributors (OSWER
Directive 9834.12; NTIS PB93 963 619)
provides some examples of how de micromis
contribution cut-off levels might be
determined. A typical cut-off level is 0.001
percent of the total hazardous substance
contribution; however, EPA has wide latitude
in selecting a level appropriate to the site
using a variety of equitable factors. For
example, when PRPs have contributed only
municipal solid waste to a site, the de
micromis cut-off level may be adjusted to
account for the relatively low toxicity of their
hazardous substance contributions. In
general, de micromis PRPs include small
businesses, nonprofit organizations, and other
entities that do not use significant amounts of
hazardous substances. Although federal
agencies and industrial PRPs can qualify as de
micromis parties if they meet all eligibility
requirements, de micromis settlements are
never available to owners or operators of
Superfund sites.
The payment amounts required of de
micromis parties are usually based on the
percentage of their contribution to overall site
contamination. When all PRPs have
contributed similar hazardous substances to a
site, the de micromis settlement determination
can be fairly straightforward. For example, a
typical de micromis PRP responsible for
0.0001 percent of total hazardous substances
at a site would pay that percentage of overall
cleanup costs. If maximum site response
costs were estimated at 30 million doll an, (he
de micromis party would settle with EPA for
30 dollars. Because contribution percentafct
are not always accurate indicators of a de
micromis party's responsibility for
contamination, payment calculation can be
adjusted to reflect site-specific factors. For
example, when de micromis parties have
contributed only household waste to a si«.
their settlement payment calculation may be
adjusted to reflect the comparatively low
toxicity of their contribution. A PRP's
inability to pay can also be considered
calculating settlement amounts. EPA
typically grants the de micromis PRP a
covenant not to sue, which includes a
reopener clause allowing EPA to pursue
enforcement action if new information
arise regarding the party's eligibility for (fee
de micromis settlement. De micromis
settlements also provide protection from thud-
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September 1993 Hotline Questions and Answers
party contribution suits under CERCLA
§§113(f)andl22(g)(5).
Under traditional Superfund enforcement
policy, minuscule hazardous substance
contributors were not usually notified of their
potential liability. EPA generally chose not to
expend enforcement resources pursuing such
PRPs. EPA's current policy is to exercise its
discretion to enter into de micromis settlements
in a number of situations. EPA may elect to
identify eligible de micromis parties and offer
them protection from third-party contribution
actions through a de micromis settlement early
in the enforcement process. Community
relations mechanisms can be used to publicize
the availability and benefits of de micromis
settlements in such situations. EPA can also
offer de micromis settlements later in the
Superfund process to eligible parties already
threatened or involved with contribution suits.
Finally, qualified parties may at any time
approach EPA and seek liability resolution and
contribution protection through de micromis
settlements.
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NT1S, 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/SF/OUST 1 -800-424-9346 EPCRA/Trtle III 1 -800-535-0202
local 703-412-9810 local 703-412-9877
RCRA
TITLE: "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, SW-846,
Third Edition"
AVAILABILITY: GPO
GPO ORDER NO.: 955-001-00000-1
This document provides updated information
on test procedures used to evaluate properties
of solid waste to determine whether a waste is
hazardous. These changes provide laboratories
with more complete tools for testing and
characterizing hazardous waste. It contains
procedures for field and laboratory quality
control, sampling, determining hazardous
constituents in wastes, and determining
physical properties of wastes. The document
also contains guidance on how to select
appropriate methods.
TITLE: "Native American Network; A
RCRA Information Exchange"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-93-003
This edition of the quarterly newsletter "Native
American Network" provides information
about the efforts of Indian reservations to
comply with the new Subtitle D municipal
solid waste landfill requirements and the Solid
Waste Network. Developed by EPA Region
10, this network serves as an efficient means of
delivering solid waste management expertise to
tribes. The newsletter also provides
information about a meeting in Region 6
between tribes and EPA representatives to
discuss environmental issues, the roles of
environmental agencies on Indian lands, and
the best methods to effectively address
environmental concerns. Information about the
Indian Environmental General Assistance
Program Act and a new telecommunications
network called Indian Net are also presented in
the newsletter.
TITLE: "Environmental Fact Sheet: Some
Deadlines in Federal Regulations Extended for
Small Landfills; Extra Time Provided to
Landfills in Midwest Flood Regions"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-93-024
EPA issued regulations on October 9, 1991. for
municipal solid waste landfills requiring
location restrictions, facility design and
operation requirements, groundwater
monitoring, corrective action measures,
conditions for closing and performing post-
closure care, and provisions for ensuring
financial responsibility. Flooding in the
Midwest is hampering some communities'
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New Publications
September 1993
ability to comply with the October 9, 1993,
deadline. In response EPA has extended the
effective date of the regulations for certain
landfills. This fact sheet summarizes the
changes in effective dates for existing smaller
landfills across the United States, and any size
landfills and laterally expanding landfills in the
Midwest flood regions.
TITLE: "Fiscal Year 1994 RCRA
Implementation Plan Addendum"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-93-009A
This document provides information on the
main objectives of the RCRA program,
including the areas of permitting, corrective
action, and enforcement. It is intended to
supplement the Fiscal Year 1994 RCRA
Implementation Plan by presenting additional
guidance for establishing EPA's hazardous
waste combustion strategy. It also includes the
Fiscal Year 1994 Beginning of the Year Plan to
provide a description of how Regions and states
are implementing and enforcing the RCRA
program.
CERCLA
TITLE: "Obligation of Funds Under
Superfund State Contracts"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 326
This memorandum clarifies EPA's
interpretation of 40 CFR Part 35, Subpart O,
regarding the relationship between cost share
assurances in Superfund State Contracts (SSCs)
and the obligation of remedial action funds.
The memorandum also reiterates EPA's policy
that an SSC must be in place before funds may
be obligated for initiating or continuing
remedial action.
TITLE: "The Cost of Remedial Actions
(CORA) Model: Overview and Applications"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 318
This document describes the Cost of Remedial
Actions (CORA) Model. The model estimates
site-specific remedial action costs for
hazardous waste sites. The CORA model
includes two distinct microcomputer-based
subsystems. One subsystem is an expert
system for selecting a range of reasonable
remedial action technologies. The other is a
cost system with cost modules for all remedial
action technologies described in the expert
system.
TITLE: "Mixed Evaluation Report: The
Potential Costs of Orphan Shares"
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
This report is the first component of the mixed
funding evaluation described in the Superfund
Administrative Improvements Fjnal Report.
Specifically, this report analyzes the cost
implications to the Trust Fund if EPA routinely
paid for the orphan share of cleanup costs to
implement the remedial design/remedial action
(RD/RA) step in the Superfund process.
TITLE: "Determination of Imminent and
Substantial Endangerment for Removal
Actions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 416
This memorandum clarifies the process for
Regional Administrators making endangenment
determinations for removal actions pursuant 10
CERCLA §106(a). Specifically, this
memorandum establishes a revised procedure
for Regions to use in satisfying the consultation
requirement when making endangerment
determinations for a removal action.
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September 1993
New Publications
TITLE: "New Policy on Performance of Risk
Assessments During Remedial Investigation/
Feasibility Studies (RI/FS) Conducted by
Potentially Responsible Parties (PRPs)"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 320
This memorandum announces EPA's new
policy on conducting risk assessments at
Superfund sites where potentially responsible
parties (PRPs) are conducting the remedial
investigation/feasibility study (RI/FS). This
memorandum supplements and supersedes in
part the policy stated in Performance of Risk
Assessments in RI/FSs Conducted by PRPs.
OSWER Directive 9835.15.
July 1993
August 1993
September 1993
PB93-922 407
530-R-93-004g
PB93-922 408
530-R-93-004h
PB93-922 409
530-R-93-004i
The reports contain questions that required
EPA resolution or were frequently asked,
publications availability, Federal Register
summaries, and Hotline call statistics.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription PB93-922 400
530-R-93-004
January 1993
February 1993
March 1993
April 1993
May 1993
June 1993
PB93-922 401
530-R-93-004a
PB93-922 402
530-R-93-004b
PB93-922 403
530-R-93-004c
PB93-922 404
530-R-93-004d
PB93-922 405
530-R-93-004e
PB93-922 406
530-R-93-004f
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FEDERAL REGISTERS
FINAL RULES
RCRA
"South Dakota; Final Authorization of State
Hazardous Waste Management'
September 8,1993 (58 EH 47216)
EPA intends to approve the Stale of South Dakota's
hazardous waste program revisions underRCRA.
Final authorization will be effective November 8,
1993, unless EPA publishes a prior action
wididrawingdnsimmediatefinalnile. Comments
must be received on or before October 8,1993.
"Wisconsin; Incorporation by Reference of
Approved State Hazardous Waste
Program"
September 21,1993 (58 EB 49199)
EPA intends to approve Wisconsin's
incorporation by reference of 40 CFR Part 272 into
its authorized state RCRA program. Final
authorization will be effective November 22,1993,
unless EPA publishes a prior action withdrawing
this immediate final rule. Comments must be
received on or before October 22,1993.
"Alabama; Final Authorization of State
Hazardous Waste Management Program
Revisions"
September 24,1993 (58 EB 49932)
EPA intends to approve the State of Alabama's
hazardous waste program revisions under RCRA.
Final authorization will be effective November 23,
1993, unless EPA publishes a prior action
withdrawing this immediate final rule. Comments
must be received on or before October 25,1993.
"Oklahoma; Final Authorization of State
Hazardous Waste Management Program
Revisions"
September 29,1993 (58 EB 50654)
EPA intends to approve the State of Oklahoma's
hazardous waste program revisions under RCRA.
Final authorization will be effective November 29,
1993, unless EPA publishes a prior action
withdrawing this immediate final rule. Comments
must be received on or before October 29,1993.
CERCLA
"Amendment to the National O« and
Hazardous Substances Pollution
Contingency Plan (NCR); Procedures for
Planning and Implementing Off-Site
Response Actions"
September 22,1993 (58 EB 49200)
EPA amended the NCP to include procedures tta
must be observed when a response action under
CERCLA involves off-site management of
CERCLA hazardous substances, pollutants, or
contaminants. This rule revises the previous off *«r
policy published in the Federal Register on
November 5,1985 (50 EB 45933). This rule u
effective October 22,1993.
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Federal Registers
September 1993
PROPOSED RULES
RCRA
"Land Disposal Restrictions for Newly
Identified and Listed Hazardous Wastes
and Hazardous Soils"
September 14,1993 (58 EB 48092)
EPA proposed treatment standards for the newly
identified organic toxicity characteristic wastes, and
treatment standards for afl newly listed coke by-
product and chlorotoluene production wastes that
must be met before these wastes are land disposed.
EPA also proposed to revise previously
promulgated treatment standards, and to modify the
hazardous waste recycling regulations. Comments
and data must be submitted on or before
November 15,1993.
NOTICES
RCRA
"Consent Decree; United Technologies
Corporation"
September 1,1993 (58 EB 46215)
A Consent Decree in United States v. United
Technologies Corporation was lodged with the U.S.
District Court for the District of Connecticut on
August 23,1993. The decree requires the defendant
to reimburse EPA and the State of Connecticut a
total of $5,301,910 tor several RCRA violations.
Comments will be received for a period of 30 days
from the Hag of publication.
" Definition of Solid Waste and Hazardous
Waste Recycling; Open Meeting"
September 14,1993 (58 EB 48012)
EPA gave notice of a public meeting on revising
die regulatory definition of solid waste under
RCRA. The meeting will take place on October 5
and 6,1993, in Washington, DC
"Science Advisory Board Environmental
Health Committee Conference Call
Meeting"
September 14,1993 (58 EB 48064)
EPA gave notice that the Environmental Health
Committee of the Science Advisory Board will
conduct a conference call meeting on
September 24,1993. The committee will review
methodologies for estimating health benefits
resulting from corrective actions at hazardous waste
sites. Comments must be submitted on or before
September 22,1993.
"Oklahoma; Adequacy Determination of
State/Tribal Municipal Solid Waste Landfill
Permit Programs"
September 16,1993 (58 EB 48516)
Pursuant to RCRA §4005(cXl)(Q, EPA gave
notice of a tentative determination, public hearing,
and public comment period concerning the
adequacy of Oklahoma's municipal solid waste
landfill permit program. The public hearing is
scheduled for November 1,1993. Comments must
be received on or before October 18,1993.
"South Carolina; Final Determination of
Adequacy of State/Tribal Municipal Sold
Waste Permit Program"
September 16,1993 (58 EB 48518)
Pursuant to RCRA §40Q5(cXD(C), EPA gav*
notice of final determination of mil program
adequacy for South Carolina's municipal solid
waste landfill permit program. The determinaoon
of adequacy is effective September 16,1993.
'Tennessee; Final Determination of Statw
Tribal Municipal Solid Waste Permit
Program"
September 16,1993 (58 EB 48519)
Pursuant ro RCRA §4005(cXl)(O, EPA gave
notice of a final determination of full program
10
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September 1993
Federal Registers
NOTICES
adequacy for Tennessee's municipal solid waste
landfill permit program. The determination of
adequacy is effective on September 16,1993.
"Federal Facilities Compliance Act;
Enforcement Authorities Implementation"
September 21,1993 (58 EB 49044)
EPA issued supplementary information on how the
new enforcement authorities granted by the Federal
Facilities Compliance Act of 1992 will be
implemented. This notice provides guidance on the
use of the Agency s authority to issue compliance
orders to federal agencies pursuant to RCRA §3008.
"Georgia; Final Determination of Adequacy
of State/Tribal Municipal Solid Waste
Permit Program"
September 21,1993 (58 FJB 49046)
Pursuant to RCRA §4005(cXl)(C), EPA gave
notice of a final determination of full program
adequacy for Georgia's municipal solid waste
landfill permit program. The determination of.
adequacy is effective September 21,1993.
"Idaho; Final Determination of Adequacy of
State/Tribal Municipal Solid Waste Permit
Program"
September 21,1993 (58 FJB 49048)
Pursuant ID RCRA §4005(cXlXQ, EPA gave
notice of a final determination of full program
adequacy for Idaho's municipal solid waste landfill
permit program. The determination of adequacy is
effective September 21,1993.
"Montana; Partial Program Adequacy
Determination of State/Tribal Municipal
Solid Waste Permit Program"
September 23,1993 (58 EB 49509)
Pursuant to RCRA §4005(cXlXQ, EPA gave
notice of a tentative determination, public hearing,
and public comment period concerning the
adequacy of Montana's municipal solid waste
landfill permit program. The public hearing is
scheduled for November 15,1993. Comments must
be received on or before November 15,1993.
"Land Disposal Restrictions Exemption; BP
Chemicals, Inc."
September 29,1993 (58 EB 50920)
EPA granted an exemption to the RCRA land
disposal restrictions to BP Chemicals, Inc. (BPOX
of Lima, Ohio, for the operation of waste dispoal
wellNo.4. BPCIhas demonstrated that there w*
be no migration of hazardous constituents from te
injection zone of the well. The exemption applet c
various listed and characteristic hazardous WMM.
OUST
"Washington; Final Approval of State
Underground Storage Tank Program*
September 8,1993 (58 EB 47217)
EPA gave notice that the State of Wasningm ta»
received final approval to operate its undergKMd
storage tank program under RCRA Subtitle L
approval will be effective October 8,1993.
ii
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Federal Registers
September 1993
NOTICES
CERCLA
"National Priorities List; USDA Pesticides
Lab Site"
September 1,1993 (58 EB 46067)
EPA announced the deletion of the U.S.
Department of Agriculture Pesticide Lab in Yakima,
Washington, from the National Priorities List This
action was taken because EPA and the State of
Washington determined that no further ckanup
under CERCLA is appropriate. The deletion is
effective September 1,1993.
"Consent Order; Accra Pac Site"
September 2,1993 (58 EB 46652)
A proposed Consent Order in United States v.
Accra Pac. he., was lodged with the U.S. District
Court for the Northern District of Indiana on August
23,1993. The order requires the defendants to
reimburse EPA $250,000 for past response costs in
connection with die Accra Pac Site in Elkhart,
Indiana. The order also requires the defendants to
conduct remedial action of contaminated soil and
groundwater. Comments will be received for a
period of 30 days from die date of publication.
"New Policy on Performance of Risk
Assessments Conducted by Potentially
Responsible Parties (PRPs)"
September 8,1993 (58 EB 47275)
EPA issued die last of several notices involving die
June 21,1990, risk assessment policy which
provided diat all risk assessments under CERCLA
would henceforth be conducted by EPA radier dian
by PRPs. This notice announced die availability of
die new policy on PRP risk assessment at Superfund
sites, OSWER Directive 9835.15b.
"Proposed Administrative Settlement;
Bsinore Drum Site"
September 9, 1993 (58 EB 47447)
EPA proposed to enter into an administrative
settlement under CERCLA § 107. The settlement
requires die settling party to pay EPA $25,000 for
costs incurred with die Elsinore Drum Site in
Riverside County, California. Comments must be
submitted on or before October 12, 1993.
"Consent Decree; Waste Disposal
Engineering, Inc., Site"
September 13, 1993 (58 EB 47915)
A Consent Decree in Ilnjta^ S^tpy v
NfltKTP3! Can Company, et aL. was lodged with ifae
U.S. District Court for the District of Minnesota on
August 25, 1993. The decree requires die
defendants to reimburse EPA $522,566 in rcsporae
costs incurred in connection with die Waste DupooJ
Engineering Site in Andover, Minnesota.
Comments will be received for a period of 30 d^n
from die date of publication.
"Consent Decree; Bowers Landfill ShW
September 13, 1 993 (58 EB 4791 7)
A proposed Consent Decree in UniBSlSiatt* LL
duPont de Nemours and Company, et ai. wa§
lodged widi die U.S. District Court for die :
District of Ohio on August 31, 1993. The<
requires die defendants to reimburse EPA for
response costs incurred in connection widi die
Bowers landfill Site in Pickaway County, Ohn
Comments will be received for a period of 30 <*)*
from die date of publication.
12
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September 1993
Federal Registers
NOTICES
"Radiation Cleanup Regulation
Subcommittee; Public Meeting"
September 15, 1993 (58 EB 48363)
EPA gave notice of a two-day meeting of the
Radiation Cleanup Regulation Subcommittee of die
National Advisory Council for Environmental
Policy and Technology on October 18 and 19, 1993,
in Washington, DC This, the first meeting of the
subcommittee, will address the development of
regulations to be applied to sites contaminated with
radioactive material and subject to die Atomic
Energy Act and sites covered under CERCLA.
Comments must be submitted on or before
October 18, 1993.
"Superfund Evaluation Committee; Open
Meeting"
September 15, 1993 (58 EB 48364)
EPA gave notice of a meeting of die Superfund
Evaluation Commitce on October 4, 1993, in
Washington, DC The committee will discuss key
issues affecting CERCLA reauthorization.
Comments must be received on or before
September 27, 1993.
"Consent Decree; B & B Salvage Site"
September 1 6, 1 993 (58 EB 48533)
A Consent Decree in T Tnitpfl fltaire v. Belanger. et
aL was lodged with die U.S. District Court for the
Western District of Missouri on July 16, 1993. The
decree requires die defendants to reimburse EPA
$1,215,880 in response costs incurred in connection
widi die B & B Salvage Site in Wanensburg,
Missouri. Comments will be received for a period
of 30 days from die date of publication.
"Proposed Administrative Settlement;
DufflekJ Avenue Trailer Site"
September 21 , 1 993 (58 EB 49049)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h). The settlement
requires die settling parties to reimburse EPA
$190,000 for costs incurred in connection widi die
Duffield Avenue Trailer Site in Jersey City, New
Jersey. Comments must be received on or before
October 21, 1993.
"Consent Decree; LasJdn/Polar Oil Site"
September 21, 1993 (58 EB 49059)
A rr«w.nt TVrn-ft i
v. Anchor
Motor Freight et al. was lodged widi die U.S.
District Court for die Northern District of Ohio on
September 10, 1993. The decree requires die
defendants to reimburse EPA $2.7 million in
response costs incurred in connection widi die
Laskin/Polar Oil Site in Jefferson, Ohio. Comments
will be received for a period of 30 days from die
of publication.
" Consent Decree; Hastings Groundwator
Contamination SHe"
September 21 , 1 993 (58 EB 49060)
A proposed Consent Decree in T
IrrigSflpn Pipe Cb.. was lodged with t*
U.S. District Court for die District of Nebraska on
September 10, 1993. The decree requires the
defendants to reimburse EPA for costs incurred •
connection witii die Hastings Groundwater
Contamination Site in Hastings, Nebraska.
Comments will be received for a period of 30 d^»
from die date of publication.
11
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Federal Registers
September 1993
NOTICES
"Consent Decree; Pagano Salvage Yard
Site"
September 22,1993 (58 £B 49320)
A proposed Consent Decree in UnaelSMBS v.
Mary Pagano. Davyi Pagano Peluchedc. d/b/a
P^ognn Salvage Yard. Sarvti^ rVrpoprinn. d/b/a,
Saivtia N,gtjflnal I flforatiriTiCS and Myrtle Smith, was
lodged with the U.S. District Court fa the District of
New Mexico on September 9,1993. The decree
requires the defendants to reimburse EPA for costs
incurred in connection with the Pagano Salvage Yard
Site in Los Lunas, New Mexico. Comments will be
received for a period of 30 days from the date of
publication.
"ProposedAdministrative Settlement;
Intersil, IncjStemens Components, he.
Site"
September 23,1993 (58 EB 49511)
EPA proposed to settle a claim under CERCLA
§107. The agreement requires settling parties to pay
$285,563 in response to costs incurred in connection
with the Intersil IncTSiemens Components, Inc., Site
in Cupertino, California. Comments must be
received on or before October 25,1993.
"Consent Decree; Sol Lynn/Industrial
Transformer Site"
September 23,1993 (58 EB 49528)
A proposed Consent Decree in JJnjied_SjaiK v.
Sharon Lynn. etaL. was lodged with the U.S. District
Coun for the Southern District of Texas on
September 14,1993. The decree requires the
defendants to reimburse EPA for costs incurred, in
connection with the Sol Lynn/Industrial Transformer
Site in Houston, Texas. Comments will be received
for a period of 30 days from the date of publication.
"Consent Decree; Eau Claire Municipal Well
Site"
September 23,1993 (58 EB 49529)
A proposed Consent Decree in United States v.
NflDfltlfll Presto Industrie Ct 8Li was lodged with the
U.S. District Court for the Western District of
Wisconsin on September 10,1993. The decree
requires die defendants to reimburse EPA $3.9
million in response costs incurred in connection with
the Eau Claire Municipal Well Site in Eau Claire,
Wisconsin. Comments will be received fir a period
of 30 days from the date of publication.
"Consent Decree; OttatJ & Goss/Greet
Lakes Container Corporation Site"
September 23,1993 (58 EB 49529)
A proposed Consent Decree in United States v.
QUflP A ("joss. Inc.. et aL. was lodged with the U.S.
District Court foe the District of New Hampshire on
September 9,1993. The decree requires the
defendants to reimburse EPA $4 million in respome
costs incurred in connection with die Ottati & COM /
Great Lakes Container Corporation Site in Kingaov
New Hampshire. Comments will be received for a
period of 30 days from the date of publication.
"Proposed Settlement; Zenith Chemical
Company Site"
September 27,1993 (58 EB 50361)
EPA proposed to settle a claim under CERCLA
§12200. The settlement requires the respondent •>
reimburse EPA for costs incurred in connection «^i
the Zenith Chemical Company Site in Dalton,
Georgia. Comments win be received for a period c*
30 days from the date of publication.
14
-------
September 1993
Federal Registers
NOTICES
"Proposed Administrative Settlement;
Industrial Waste Processing Site"
September 28,1993 (58 EB 50548)
EPA proposed to enter into an administrative
settlement under CERCLA § 107. The settlement
requires the settling parties to pay EPA $1.37 million
to the Hazardous Substance Superfund for costs
incimed in connection with the Industrial Waste
Processing Site in Fresno, California. Comments
wifl be received for a period of 30 days from the date
of publication.
"National Priorities List; Chartevoix
Municipal Well Site"
September 29,1993 (58 EB 50693)
EPA intends to delete the Charlevoix Municipal
Well Site in Charlevoix, Michigan, from the
National Priorities List This action is being taken
because EPA and the State of Michigan determined
that no further cleanup under CERCLA is
appropriate. Comments must be submitted on or
before October 29,1993.
"Consent Decree; Hercules 009 Landfill
Site"
September 30,1993(58 EB 51100)
A proposed Consent Decree in ] frlfo** Stah>s v.
Hercules. Incorporatpid was lodged with the U.S.
District Court for the Southern District of Georgia on
September 20,1993. The decree requires the
defendants to reimburse EPA $544,199 in response
costs incurred in connection with the Hercules 009
Landfill Site in Brunswick, Georgia. Comments
will be received for a period of 30 days from the date
of publication.
EPCRA
"Chromium, Nickel, and Copper in Stainless
Steel, Brass, and Bronze; Extension of
Comment Period"
September 2,1993 (58 EB 46596)
EPA extended the comment period for a denial of
petition published in the Federal Register on
June 29,1993 (58 ER 34738). EPA denied three
petitions to exempt chromium, nickel, and copper in
stainless steel, brass, and bronze from the list of toxic
chemicals subject to EPCRA §313. The original
comment period ended August 30,1993; the
comment period was extended until November 1,
1993.
'Toxics Data Reporting Subcommittee;
Public Meeting"
September 7,1993 (58 EB 47138)
EPA gave notice of a two-day meeting of the
Toxics Data Reporting Subcommittee of the
National Advisory Council for Environmental
Policy and Technology on September 20 and 21,
1993, in Washington, DC Comments must be
submitted on or before September 13,1993.
"Reopening of Comment Period; Toxic
Chemical Release Inventory"
September 10,1993 (58 EB 47709)
EPA announced the reopening of the comment
period concerning the proposed rule partially
granting a petition to add 80 chemicals and 2
chemical categories to the list of toxic chemicals
subject to reporting under EPCRA §313, which w»
published in the Federal Register on September 8.
1992 (57 EB 41020). Comments must be received
on or before September 27,1993.
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
September Daily Volume*
RCRA/SF/OUST*
400 ••
300 ••
200 -.
i
100 -f
Emergency Planning and
Community Right-to-Know
H l-
H 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1—H
8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30
Year to Date*
RCRA/SF/OUST
January
February
March
April
May
June
July
August
September
Month
11,299
10,688
11,996
10,493
10,035
10,977
11,001
11,125
10,957
Cumulative
21 ,987
33,983
44,476
54,511
64,488
75,489
86,614
97,571
EMERGErv
COMMUN
January
February
March
April
May
June
July
August
September
ICY PLA
TYRIGH
Month
2,772
4,167
3,772
3,282
4,946
9,026
3,113
2,414
2,317
NNING AND
T-TO-KNOW
Cumulative
6,939
10,711
13,993
18,939
27,965
31,078
33,492
35,809
* All calls answered by the Call Management System, the Message ftaheval Line, and the Document Retrieval Line. The
featured messages regarded information on proposed municipal tobd wasat landfill regulations and information on the publk
meeting of the Radiation Cleanup Regulation Subcommittee of NACEFT The documents featured were "The Catalog of
Hazardous and Solid Waste Publications,- "Criteria for Solid Want Disposal Facilities," "Safer Disposal for Solid Waste.'
"Proposed Regulations Regarding Municipal Solid Waste Landfills," Issue Paper and Agenda for the Public Meeting of
Radiation Cleanup Regulation Subcommittee of NACEPT," and "Materials on EPA's Waste Minimization and Combustion
Strategy." 17
-------
Call Analyses
September 1993
CALLS ANSWERED BY TYPE
September Daily Volume*
700 T
600
500 • •
400 ••
300 • •
200 ••
100 • •
Questions
Documents
Referrals
0 -r-
1
-» h
H 1 1 I 1 h
-\ r-
H 1 1 r-
+
-f-
-\ h
-r-
-{
10 13 14 15 16 17 20 21 22 23 24 27 28 29 30
Year to Date*
Questions
January
February
March
April
May
June
July
August
September
Month
9,392
11,213
10,771
10.697
10,857
16,286
12.048
11,959
12,281
Cumulative
20,605
31,376
42,073
52,930
69,216
81,264
93,223
105,504
Documents
January
February
March
April
May
June
July
August
September
Month
3,652
3,431
4,706
4,034
4,124
4,807
3.865
3,613
3,471
Cumulative
7,083
11,789
15,823
19,947
24,754
28,619
32.232
35.703
Referrals
January
February
March
April
May
June
July
August
September
Month
1,339
1,679
1,378
1,088
893
801
758
820
657
Cumulative
3.018
4,396
5.464
6.377
7.178
7,936
8,756
9,413
* All calls answered by the Call Management System, the Message lUowvai Line, and the Document Retrieval Line. A single
call may include multiple questions combined with document rnqmai and referrals.
18
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September 1993
Call Analyses
CALLS ANSWERED BY PROGRAM AREA
September 1993*
'Based on 15,752 requests and excludes 657 referrals made from both Hotlines. Includes the Message Retrieval Lin*
and the Document Retrieval Line.
Year to Date*
January
Februarv
March
April
May
June
July
August
September
RCRA
Month
63%
(8,230)
60%
(8,805)
58%
(9.043)
61%
(8,945)
53%
(7,992)
43%
(9,129)
62%
(9,856)
62%
(9,872)
63%
(9,899)
Cumulative
62%
(17,035)
60%
(26,078)
60%
(35,023)
59%
(43.015)
56%
(52,144)
57%
(62,000)
57%
(71 ,872)
58%
(81,771)
«
Superfund
Month
15%
(1,999)
11%
(1 ,570)
14%
(2,150)
13%
(1,848)
11%
(1.583)
10%
(2,020)
14%
(2.171)
16%
(2,347)
16%
(2,470)
Cumulative
13%
(3,569)
13%
(5,719)
13%
(7,567)
13%
(9.150)
12%
(11.170)
12%
(13.341)
13%
(15,688)
13%
(18,158)
OUST
Month
4%
(502)
3%
(484)
4%
(623)
3%
(506)
3%
(415)
2%
(456)
3%
(558)
4%
(638)
4%
(660)
Cumulative
3%
(986)
4%
(1.609)
4%
(2,115)
3%
(2.530)
3%
(2.986)
3%
(3.544)
3%
(4,182)
3%
(4,842)
Emergent
Community
Month
18%
(2,313)
26%
(3,785)
24%
(3,661)
23%
(3,432)
33%
(4,991)
45%
(9.488)
21%
(3.328)
18%
(2,715)
17%
(2,723)
Curv*itrv«
22%
n\
,$ T*I
rr*
i'3 '«'
25%
i'i'8?)
29%
L27.«7tJ)
29X
27%
(33713)
20%
(3606)
-------
Call Analyses
September 1993
CALLER PROFILE
RCRA/SF/OUST Hotline
Regulated Community 7,743
Citizens 584
State & Local Gov't/Native American 234
Federal Agencies 107
Educational Institutions 145
EPA 114
Other 115
Media 12
Interest Groups 14
Congress 7
International 12
Referrals* 448
Document Retrieval Line* 626
Message Retrieval Line* 796
TOTAL
State/Local Govt/
Native American
3%
10,957
Federal Agencies
1%
Citizens
Regulated
Community
* No caller profile data available.
20
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September 1993
Call Analyses
Emergency Planqing and
Community Right-to-Know Hotline
Manufacturer
Food/Tobacco . 57
Textiles 10
Apparel 5
Lumber & Wood 17
Furniture 17
Paper 20
Printing & Publishing 18
Chemicals 191
Petroleum & Coal 52
Rubber and Plastics 38
Leather 4
Stone, Gay & Glass 17
Primary Metals 30
Fabricated Metals 70
Machinery (Excluding Electrical) 27
Electrical&Electronic Equipment 36
Transportation Equipment 24
Instruments 19
Misc. Manufacturing 24
Not Able to Determine 35
Subtotal 711
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
Union/Labor
Media/Press
Distributors
Native Americans
Laboratories
Misc.
International
Referrals*
TOTAL
524
179
192
18
22
45
1
16
57
20
41
19
37
5
66
0
8
21
0
15
109
•>
209
2,317
Attorneys
8%
All Others
24%
* No caller profile data available.
Consultants/
Engineers
25%
-------
Call Analyses
September 1993
HOTLINE TOPICS
RCRA
Special Wastes
Ash
Mining Wastes, Bevill
Medical Wastes
Oil and Gas
Subtitle C (General)
Hazardous Waste Id. (General)
Toxicity Characteristic
Wood Preserving
Listing of Used Oil
Ruff
Radioactive Mixed Waste
Delisting Petitions
Hazardous Waste Recycling
Generators
Small Quantity Generators
Transportation/Transporters
TSDFs General
TSDFs Siting Facilities
TSDFs Capacity
TSDFs Treatment
TSDFs Burning
TSDFs Storage
TSDFs Disposal
Land Disposal Restrictions
Permits and Permitting
Corrective Action
Financial Liability/Enforcement
Test Methods
Health Effects
Waste Min/Pollution Prevention
State Programs
Hazardous Waste Data
Household Hazardous Waste
Subtitle D (General)
Siting Facilities
Combustion
Industrial Waste
Composting
Source Reduction/Poll. Prcv.
Grants & Financing
Procurement (General)
Building Insulation
Cement & Products with Fly Ash
8
20
98
19
349
1,42s1
139
23
50
1
32
12
211
5741
173
86
262
7
14
1401
89
1281
47
6121
106
227
113
122
23
127*
78
49
235
24
11
7
11
64
7
13
1
1
Paper & Paper Products 4
Re-refined Lubricating Oil 2
Retread Tires 5
Solid Waste Recycling (General) 2641
Aluminum 3
Batteries 32
Glass 9
Paper 7
Plastics 25
Tires 24
Used Oil 228
Markets (General) 15
Aluminum 0
Batteries 7
Compost 0
Glass 0
Paper 2
Plastics 14
Tires 13
Used Oil 5
RCRA General 1,907s
TOTAL 9399*
* Includes 2,108 RCRA. document requests.
SUPERFUND
General/Misc. 2S5
Access & Information Gathering 13
Administrative Record 13
ARARs 107
CERCLIS 2M
Citizen Suits 5
Claims Against Fund 12
Clean-Up Costs 2 \
Clean-Up Standards f*
Community Relations **
Contract Lab Program (CLP) I **
Contractor Indemnification *
Contracts 10
Definitions 12
Enforcement **
Federal Facilities 30
Hazardous Substances 11 *
HRS :•
Liability oJ
1 Hot topics for this month.
Includes 12 document retrievals for Information OB the draft waste minimization and combustion strategy.
Includes 124 document retrievals for "Criteria for Solid Waste Disposal Facilities: A Guide for Owners and Operator**
and "Safer Disposal for Solid Waste: the Federal Regulate* for Municipal Solid Waste Landfills,"and 94 <
retrievals for the "Proposed Refutations Regarding Municipal Sottd Waste Landfills."
Includes 731 menage retrievals for information OB proposed muklpal solid waste landfill regulations.
Includes 3*3 document retrievals for the "Catalog of Hazardous and Solid Waste Publications"
• Topks are calculated as the summation of all questions received by the Hotline. A single call may result in multiple
questions.
22
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September 1993
Call Analyses
Local Gov't Reimbursement
Natural Resource Damages
NCP
Notification
NPL
Off Site Policy
OSHA
PA/SI
PRPs
RD/RA
Reauthorization
Remedial
Removal
RI/FS
Risk Assess./Health Effects
ROD
RQ
SACM
Settlements
SITE Program
State Participation
State Program
TAGs
Taxes
Tide m/Right-to-Know
Special Topics
Oil Pollution Act
SPCC Regulations
Radiation Cleanup
15
3
43
51
2371
20
13
20
35
13
20
83
36
41
72
64
2661
17
64
16
8
11
3
2
82
26
36
882
TOTAL 2,470*
*
Includes S70 Superfund document requests.
OUST
General/Misc. 113
Applicability/Definitions 88
Regulated Substances 19
Standards for New Tank Systems 12
Tank Standards and Upgrading 18
Operating Requirements 3
Release Detection 52
Release Reporting & Investigation 10
Corrective Action for USTs 173'
Out-of-Service/Closure 29
Financial Responsibility 89
State Programs 26
Liability^nforcement 17
LUST Trust Fund 11
660*
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
Tide ffl General 428
§301-3 Emergency Planning
General 137
SERCs/LEPC 20
Notification 12
Mixtures 3
Extremely Hazardous Substances 37
Delisting EHS 0
Exemptions 3
§304:
General 138
Notification Requirements 65
Reportable Quantities 80
RQsvs. TPQs 21
Transportation 6
Exemptions 17
§311/312:
General 165
MSDS Reporting Requirements 69
Tier I/II Regulations 90
Thresholds 24
OSHA Expansion 8
Hazard Categories 0
Mixtures 16
Exemptions 14
§313:
General 437
Form R 299
Thresholds 93
Phase I 51
Phase II 22
Phase in 4
Pollution Prevention 57
NONs/NOTEs 20
Petitions 53
Health Effects 10
Database 60
Exemptions 65
Training:
General 5
§305 Training Grants 0
§305 Emergency Systems Review 0
§ 126 (SARA) Training Regulations 0
TOTAL
*
Includes 352 OUST document requests.
1 Hot topks for thb month.
'Includes 65 message retrievals and 13 document retrievals for ^formation on the public meeting of the Radlatio*
Cleanup Regulation Subcommittee of NACEPT.
•Topics are calculated as the summation of all questions received by the Hotline. A single call may result In
multiple questions.
-------
Call Analyses *' • September 1993
General: Trade Secrets 4
CEPP Interim Guide 0 Enforcement 69
Chemical Profile 13 Liability 4
NRT-1 0
Hazard Analysis 5 Special Topic
Risk Communication 3 CAA§112(r) 42
Title HI Workshops 0 Federal Facilities Executive Order 50
Information Management 0
Prevention ARIP 2 TOTAL 2,723*
2 * includes 702 Emergency Planning Community
Right-To-Know document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS:
16,409
• Topics are calculated as the summation of all questions rantod by UM Hotline. A single call may result In i
questions.
24
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