EPA530-R-98-005I*
SUB-9224-98-012
MONTHLY HOTLINE REPORT
December 1998
RCRA, Superfund, and EPCRA
Hotline Questions & Answers
Resource Conservation and Recovery Act (RCRA)
Emergency Planning and Community Right-to-Know (EPCRA),
1
2
New Publications
Resource Conservation and Recovery Act (RCRA)
Underground Storage Tank (UST)
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) ,.-=..,.,..-....., •
CleanAirAct(CAA)§112(r) ; |.>:iU--»:." > ••
5
6
7
7
Federal Registers
Final Rules
Proposed Rules
Notices
9
11
13
Call Analyses
Caller Profiles.
Hotline Topics
17
19
RCRA, Superfund, and EPCRA Hotline
National Toil-Free No.: (800) 424-9346
Local: (703)412-9810
TDD National Toll-Free No.: (800) 553-7672
This report is prepared and submitted in support of Contract No. 68-W6-0016.
Judi Kane, Project Officer
Wendy Timmons, Alternate Project Officer
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
-------
MONTHLY HOTLINE REPORT
AVAILABILITY
Electronic Availability
The Monthly Hotline Report Questions and
Answers are also available for downloading at
no charge from the CLU-IN bulletin board via
modem at (301) 589-8366 or telnet at clu-
in.epa.gov. After registering, select Directory
8 from the file submenu. CLU-IN also has the
Monthly Hotline Reports available via the
World Wide Web (WWW) at
ftp://clu-in.com/download/hotline/
The complete text of the 1991 (November and
December only), 1992, 1993, 1994, 1995,
1996, 1997, and 1998 Monthly Hotline
Reports may be accessed via the WWW. Go
to the Hotline Home Page at
http://www.epa.gov/epaoswer/hotline/
and select "Monthly Hotline Reports."
The Hotline maintains an electronic mailing
list named HOTLINE_OSWER. Subscribers
will have Hotline announcements and Monthly
Hotline Reports e-mailed to them as they are
released, at no charge.
• To subscribe to the Hotline electronic
mailing list send an e-mail to:
listserver@unixmail.rtpnc.epa.gov
Leave the subject line of the e-mail blank.
Message: SUBSCRIBE
HOTLINEJDSWER your first name your
last name
For example, SUBSCRIBE
HOTLINE_OSWER JOHN SMITH
• To receive the Help file with useful
commands for users send an e-mail to:
Listserver@unixmail.rtpnc.epa.gov
Subject: HELP
Message: HELP
National Technical Information Service
(NTIS)
The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:
Yearly Subscription SUB-9224-98-000
January 1998 SUB-9224-98-001
February 1998 SUB-9224-98-002
March 1998 SUB-9224-98-003
April 1998
May 1998
June 1998
July 1998
August 1998
September 1998
October 1998
November 1998
RCRA Docket
SUB-9224-98-004
SUB-9224-98-005
SUB-9224-98-006
SUB-9224-98-007
SUB-9224-98-008
SUB-9224-98-009
SUB-9224-98-010
SUB-9224-98-011
EPA and state personnel can order the Monthly
Hotline Report from the RCRA Docket at
(703) 603-9230. The order number for the 1998
yearly subscription is EPA530-R-98-005.
-------
HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Generator Closure Requirements
Under the RCRA regulations, generators
are persons who produce a hazardous waste
or first cause a hazardous waste to become
subject to regulation. RCRA regulates
generators in three categories depending on
how much waste they produce within a
calendar month. These categories are large
quantity generators (LQGs), small quantity
generators (SQGs), and conditionally exempt
small quantity generators (CESQGs). Each of
these three categories has detailed provisions
in 40 CFR Parts 261 and 262 for the
management of hazardous waste during
facility operation. On the other hand, Parts
261 and 262 do not contain specific provisions
outlining requirements for closure of waste
management units at such generator facilities.
What are the closure requirements for
hazardous waste generator waste
management units?
The specific generator closure provisions
depend on the status of the generator and the
types of accumulation units that the facility
used to store or treat hazardous waste.
LQGs are subject to the most stringent
requirements, which include general closure
provisions and unit-specific ones. The general
closure requirements appear in §265.111 and
§265.114 (§262.34(a)(l)). These standards
require the minimization of the need for
further maintenance of the site, and the
minimization or elimination of post-closure
escape of hazardous waste or constituents into
the environment. These regulations also
provide for the decontamination or removal of
all contaminated equipment, structures, and
soils. While LQGs must comply with
§265.111, they are not subject to the
§265.111(c), which pertains to requirements
for closure plans and financial assurance.
LQGs storing or treating waste in tanks,
on drip pads, or in containment buildings are
also subject to closure requirements specific to
these types of units. Generators managing
waste in tanks must decontaminate or remove
all waste residues and contaminated tank
system components. If this is not possible, the
facility must close in accordance with landfill
closure requirements and perform post-closure
care (§§265.197(a) and (b)). Similar
provisions apply to generator closure of drip
pads (§265.445(a) and (b)) and containment
buildings (§265.1102). LQGs managing
waste in containers do not have unit-specific
closure requirements.
The closure standards for SQG waste
management units are less extensive. SQGs
managing waste in tanks must remove all
hazardous waste from such tanks, discharge
control equipment, and discharge confinement
structures (§265.201(d)). SQGs managing
waste in containers do not have unit-specific
closure requirements.
CESQGs waste management units do not
have closure requirements.
The table below fully outlines the closure
requirements applicable to each category of
generator.
-------
Hotline Questions & Answers
December 1998
Generator Closure Requirements
CLOSURE REQUIREMENT
General Standards
§§265.1 ll(a)&(b)
General Standards
§265.114
Tank Standards
§§265.197(a)&(b)
Drip Pad Standards
§§265.445(a) & (b)
Containment Building Standards
§265.1102
LQGs
§262.34(a)(l)
§262.34(a)(l)
§262.34(a)(l)(ii)
§262.34(a)(l)(iii)
§262.34(a)(l)(iv)
SQGs
None
None
§265.201(d)
None
None
CESQGs
None
None
None
None
None
EPCRA
2. Agricultural Chemical Retailers and
EPCRA §§311 and 312
EPCRA §§311 and 312 require facilities to
report inventories of certain hazardous
chemicals. Section 31J(e)(5) exempts from the
definition of hazardous chemical "any
substance to the extent it is used in routine
agricultural operations or is a fertilizer held
for sale by a retailer to the ultimate customer"
(40 CFR §370.2). To what extent are
agricultural chemical retailers exempt from
reporting under §§311 and 312?
EPCRA §31 l(e)(5) provides an exemption
for Material Safety Data Sheets (MSDSs) and
hazardous chemical inventory reporting for
certain substances, not certain facilities.
Therefore, while agricultural retailers storing
substances for sale as fertilizers would not
need to report those chemicals under §§311
and 312 because those substances are exempt
from the definition of hazardous chemical,
retailers would need to report other agricultural
chemicals, such as pesticides, solvents, or
diesel fuels, held for sale if they are hazardous
chemicals for which OSHA requires the
facility to prepare or have available an MSDS,
and if they are present on site at any one time
above applicable thresholds (52 FR 38349;
October 15, 1987).
3. Agricultural Operations Exempt
From EPCRA §§311 and 312
EPCRA §§311 and 312 require facilities to
report inventories of certain hazardous
chemicals. Section 311(e)(5) exempts from the
definition of hazardous chemical "any
substant to the extent it is used in routine
agricultural operations or is a fertilizer held
for sale by a retailer to the ultimate customer"
(40 CFR §370.2). What are "agricultural
operations" ?
-------
December 1998 Hotline Questions & Answers
Agricultural operations is a broad term that
encompasses a wide range of growing
operations whose main purpose is producing
crops and raising livestock. Routine
agricultural operations include growing
operations in farms, nurseries, and other
horticultural operations. Examples of
operations covered under the exclusion include
the use of oxygen to raise fish at a fish farm
(Memo, Jones to Colantuno; May 15, 1990),
turf growth at a nursery (Memo, Jones to
Joseph; February 15, 1990), and fertilizer
application at a cornfield. However, similar
growing operations conducted for non-
agricultural purposes would not be covered
under the exclusion. An example would be
turf growth at a golf course, which would not
be covered under the exclusion because the
main purpose of the growing operation is not
agricultural.
-------
NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672
EPA's Fax-on-Demand service distributes selected publications noted by a "Fax-on-Demand" number. To order
these documents, from your fax machine dial (202) 651-2060 (for OSW documents), (202) 651-2089 (for OUST
documents), (202) 651-2061 (for CEPPO documents), and (202) 651-2062 (for OERR documents), and follow the
instructions provided by the voice prompt, using the Fax-on-Demand number noted. Please call the Hotline for
detailed instructions on using the Fax-on-Demand service.
EPA Publications Available on the Internet
You may access certain documents electronically by using this server:
WWW: http://www.epa.gov
Documents on the WWW server may be located by using the on-line search functions.
RCRA
TITLE: Environmental Fact Sheet: EPA
Releases RCRA Waste Minimization PBT
Chemical List
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-98-028
This fact sheet highlights useful information
about the draft list of persistent,
bioaccumulative, and toxic (PBT) chemicals
released by EPA in the November 9, 1998,
Federal Register (63 FR 60332). The
document explains why EPA is taking this
action, why PBT chemicals are of national
concern, the methodology to develop and use
the list, and how it fits into EPA's Multimedia
PBT Strategy. The final list will serve as a
voluntary guide for identifying national waste
minimization priorities and measuring national
reduction progress.
TITLE: Extended Product Responsibility: A
Strategic Framework for Sustainable Products
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-98-004
Extended product responsibility (EPR) differs
from most environmental policies and trends in
that it focuses on product systems and engages
all players in the product chain. This booklet
provides a business perspective of EPR, and
includes EPR background information,
incentives for businesses to participate, and a
description of how EPR works. The document
elaborates on the ways product manufacturers
can reduce environmental impacts at all stages
of production, including raw materials
selection; production impacts; product use;
recycling and reuse; and products at end-of-
life.
-------
New Publications
December 1998
TITLE: Environmental Fact Sheet: No
Hazardous Waste Listing Determined for 14
Solvents
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-F-98-032
URL: http://www.epa.gov/epaoswer/hazwaste/
id/solvents.htm
This fact sheet summarizes EPA's decision not
to list wastes generated from the use of 14
solvent chemicals (63 FR 64372;
November 19, 1998). The document includes
background information and a brief
explanation of the final rule. It also clarifies
that this was a decision not to add the wastes to
the RCRA hazardous waste listings, but not an
exemption from determining if the wastes
exhbit a characteristic.
TITLE: Environmental Fact Sheet: Final
HWIR-Media Rule
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-F-98-029
URL: http://www.epa.gov/epaoswer/hazwaste/
id/hwirmdia.htm
This fact summarizes the final HWIR-Media
rule issued in the November 30, 1998, Federal
Register (63 FR 65873). The document
clarifies that the final rule does not apply new
mandatory requirements, does not change
policies which presently provide flexibility for
remediation waste management, and lists the
anticipated impacts of the final rule.
TITLE: Identificando Su Residue: El Punto
de Partida (Identifying Your Waste: The
Starting Point - Spanish Translation)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-029s
This is the Spanish translation of Identifying
Your Waste: The Starting Point. The pamphlet
describes the hazardous waste identification
process in basic terms, and explains the
significance of listed and characteristic waste,
the denved-from rule, hazardous waste
mixtures, and contaminated debris and media.
TITLE: A Collection of Solid Waste
Resources
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-C-98-001
This CD-ROM contains a number of OSW
documents in their entirety, including the
Municipal Solid Waste Factbook. These
documents provide information on how to
reduce, reuse, and recycle trash, and how to
properly manage different forms of solid and
hazardous waste. This version updates and
replaces the Solid Waste Publications CD-
ROM. EPA530-C-97-006.
TITLE: Pay-As-You-Throw Bulletin
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-98-009
This edition of the Pay-As-You-Throw
(PAYT) bulletin features the PAYT video.
The newsletter summarizes the video, includes
quotes from PAYT participants, and provides
an order form.
UST
TITLE: List of Leak Detection Evaluations
for Underground Storage Tank Systems (Fifth
Edition)
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA510-B-98-005
URL: http://www.epa.gov/swerustl/pubs/
index.htm
This document contains specifications, based
on third-party evaluations, of over 250 leak
detection systems. Owners and operators can
use the list to help select systems to meet the
leak detection requirements of 40 CFR Part
280.
-------
December 1998
New Publications
CERCLA
TITLE: Proposed TSCA 403 Soil Lead
Hazard and OSWER's Lead-in-Soils Policy
AVAILABILITY: NTIS
NTIS ORDER NO.: PB99-963 211
URLi http://www.epa.gov/superfund/
programs/lead/prods .htm
This memorandum discusses the relationship
between the proposed Toxic Substances
Control Act (TSCA) §403 rule and the Office
of Solid Waste and Emergency Response's
(OSWER) soil lead directive (OSWER 9200.4-
27P) entitled "Clarification to the 1994
Revised Interim Soil Lead Guidance for
CERCLA Sites and RCRA Corrective Action
Facilities." The memo explains that the 400
parts per million (ppm) screening level found
in OSWER's lead directive remains an
appropriate screening level for lead in soils. In
addition, it clarifies that the proposed 2,000
ppm hazard level for lead in soils is not a final
level and may change in response to public
comment.
TITLE: Consolidated Guide to Consultation
Procedures for Superfund Response Decisions
and FY97 Focus Areas for OERR Regional
Coordination Support
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-963 216
The goal of this fact sheet is to describe
management review procedures employed by
EPA, which ensure the reasonable and
appropriately consistent implementation of
national remedy selection policies and
procedures.
TITLE: Grupos de Consulta de la Comunidad
(CAGs) en Sitios del Superfondo (Community
Advisory Groups (CAGs) at Superfund Sites
— Spanish Translation) (Fact Sheet)
AVAILABILITY: NCEPI
EPA ORDER NUMBER.: EPA540-F-97 031
This fact sheet is the Spanish version of
Community Advisory Groups (CAGs) at
Superfund Sites. EPA540-F-96-016. It
discusses the authority of a CAG at a
Superfund site, how to determine if there is a
need for a CAG, preparing to form a CAG,
CAG Board Meetings, CAG member
solicitation, and the roles and responsibilities
of a CAG's members.
CAA§112(r)
TITLE: RMP*Comp Version 1.02
AVAILABILITY: Hotline/Internet
EPA DOCUMENT NO.: N/A
URL: http://response.restoration.noaa.gov/
chemaids/rmp/rmp.html
RMP*Comp is an electronic tool used to
perform the off-site consequence analysis
required under the Risk Management Program
(RMP).
TITLE: Recent Changes to the Risk
Management Program Rule
AVAILABILITY: Hotline/Internet
EPA DOCUMENT NO.: EPA550F 98-022
URL: http://www.epa.gov/swercepp/
whatnew.html
This fact sheet outlines the recent changes to
the RMP. These changes include shifting from
Standard Industrial Classification Codes (SIC)
to North American Industry Classification
System (NAICS) codes, adding new data
elements to the RMP, and the requirements for
the submission of confidential business
information (CBI).
-------
New Publications December 1998
TITLE: Submitting Your Risk Management
Plan Under Section 112(r) of the Clean Air Act
AVAILABILITY: Hotline/Internet
EPA DOCUMENT NO.: EPA550-F-98-021
URL: http://www.epa.gov/swercepp/acc-
pre.html
This fact sheet provides information on how to
obtain a copy of RMP*Submit as well as
answers to questions on the submission of Risk
Management Plans.
-------
FEDERAL REGISTERS
You may order copies of all major RCRA, Super-fund, and EPCRA Federal Registers by calling the Hotline.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672
Electronic Availability
Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via
EPA's Public Access Servers. The servers are accessible at:
WWW: http://www.epa.gov
FTP: ftp.epa.gov
EPA Federal Registers are organized by date on the WWW (starting from October 1994).
Go to: http://www.epa.gov/fedrgstr
For RCRA/UST and selected CERCLA Federal Registers, choose: Federal Register (FR) - Waste.
For selected EPCRA Federal Registers, choose: Federal Register (FR) - Toxic Release Inventory.
FINAL RULES
RCRA
"Requirements for Management of
Hazardous Contaminated Media
(HWIR-Media)"
December 1,1998 (63 FR 66101)
EPA withdrew all portions of the HWIR-
Media Proposed Rule that were not finalized
in the HWIR-Media Final Rule (63 FR
65873), or in the Land Disposal Restrictions
(LDR) Phase IV Final Rule (63 FR 28556;
May 26, 1998). The withdrawal did not
include those proposed rules on which EPA
has deferred action, such as the treatability
sample exclusion. The withdrawal also did
not extend to existing areas of flexibility for
managing remediation waste, such as the
contained-in and the area of contamination
(AOC) policies, and site-specific LDR
treatability variances. The withdrawn portions
include comprehensive remediation waste
management options, such as the Bright-Line
option and the Unitary Approach; the
Category 2 proposal for streamlined
authorization; and the proposal to remove the
Corrective Action Management Unit (CAMU)
Rule.
"Oklahoma: Final Authorization Of
State Hazardous Waste Management
Program Revisions"
December 9, 1998 (63 FR 67800)
EPA determined that the Oklahoma
Department of Environmental Quality's
application for final authorization of revisions
to its hazardous waste program satisfies all of
the requirements necessary for final
authorization. Unless EPA receives adverse
comments as specified in the companion
document (63 FR 67834; December 9, 1998),
final authorization of the RCRA Cluster VI
rules will be effective February 8, 1999.
-------
Federal Registers
December 1998
FINAL RULES
"Universal Waste Rule (Hazardous
Waste Management System;
Modification of the Hazardous Waste
Recycling Regulatory Program); Final
Rule; Correcting Amendments"
December 24,1998 (63 FR 71225)
EPA issued three corrections to the
provisions of the Universal Waste Rule (60
FR 25492; May 11, 1995). Effective
December 24, 1998, the Agency corrected the
regulations applicable to reclamation of spent
lead-acid batteries by inserting storage
requirements that had been mistakenly
omitted, addressed the §273.6 definition of a
small quantity universal waste handler, and
clarified the export requirements applicable to
destination facilities serving as universal
waste handlers. EPA reorganized the
universal waste regulations by providing a
table detailing the applicability of spent lead-
acid battery provisions, and by separating
requirements for interim status and permitted
facilities. This rule does not promulgate any
new regulatory requirements.
"Underground Injection Control
Program; Hazardous Waste Land
Disposal Restrictions; Petition for
Reissuance of an Exemption - Class I
Hazardous Waste Injection Wells, E.I.
du Pont de Nemours & Co., Inc.
(DuPont)"
December 24,1998 (63 EH 71286)
EPA finalized a decision to grant an
exemption for DuPont's Orange, Texas, Class
I injection wells from LDR requirements.
This action is effective December 11, 1998,
and cannot be administratively appealed.
CERCLA
"Reportable Quantities: Removal of
Caprolactum From the List of
CERCLA Hazardous Substances"
December 15,1998 (63 FR 69166)
EPA removed caprolactum (CAS No. 105-
60-2) from the list of CERCLA hazardous
substances. CERCLA §101(14) defines the
term hazardous substance by referring to those
substances listed under several other
environmental statutes, including §112(b)(l)
of the Clean Air Act Amendments of 1990, as
well substances designated by EPA as
hazardous under CERCLA §102(a). This
action follows the removal of caprolactum
from the list of hazardous air pollutants
(HAPs) under §112(b)(l) of the Clean Air Act
Amendments of 1990. The final rule will be
effective on February 16, 1999, unless EPA
receives adverse comments by January 14,
1999.
"National Priorities List, Notice of
Deletion; Fronteira Creek Superfund
Site"
December 29,1998 (63 FR 71596)
EPA announced the deletion of the Frontera
Creek Superfund Site, located in Puerto Rico,
from the National Priorities List (NPL). EPA
published its intent to delete the site on
July 30, 1998 (63 F_R 40685). EPA and the
Puerto Rico Environmental Quality Board
have determined that no further response
actions pursuant to CERCLA are appropriate
for the site.
10
-------
December 1998
Federal Registers
"National Priorities List, Notice of
Deletion; Hill Property Portion of the
American Cyanamid Superfund Site"
December 29, 1998 (63 FR 71597)
EPA announced the deletion of the Hill
Property portion of the American Cyanamid
Superfund Site, located in New Jersey, from
the NPL. EPA published its intent to delete the
site on October 20, 1998 (63 FR 55986). EPA
and the State of New Jersey have determined
that all appropriate response actions have been
implemented at this portion of the site.
"National Priorities List, Notice of
Deletion; Denzer & Schafer X-Ray
Company Site"
December 29,1998 (63 EB 71598)
EPA announced the deletion of the Denzer &
Schafer X-Ray Company Site, located in New
Jersey, from the NPL. EPA published its
intent to delete the site on August 18, 1998 (63
FR 44218). EPA and the State of New Jersey
have determined that no further response
actions are appropriate for the site.
"National Priorities List, Notice of
Deletion; Lodi Municipal Well
Superfund Site"
December 29, 1998 (63 FR 71598)
EPA announced the deletion of the Lodi
Municipal Well Superfund Site, located in
New Jersey, from the NPL. EPA published its
intent to delete the site on October 20, 1998
(63 FR 55985). EPA and the State of New
Jersey have determined that no further
response actions are appropriate for the site.
PROPOSED RULES
RCRA
"Project XL Rulemaking for New York
State Public Utilities; Hazardous
Waste Management System; Request
for Comment on Proposed
Rulemaking and Draft Final Project
Agreement"
December 7,1998 (63 FR 67561)
EPA requested comment on the draft Final
Project Agreement (FPA) and the proposed
rule to implement an XL project for
participating New York State utilities that
generate hazardous waste at remote locations.
The project would allow the utilities to
accumulate this hazardous waste at designated
utility-owned central collection facilities
(UCCFs) for up to 90 days, according to
specified hazardous waste generator
requirements. EPA intends the proposed rule
to allow the New York State Department of
Environmental Conservation to implement
sections of the project that require regulatory
authorization while the draft FPA will outline
this XL project in detail. EPA extended the
comments deadline from January 6, 1999 to
January 27, 1999 (63 FR 71411; December 28,
1998).
"Oklahoma: Final Authorization of State
Hazardous Waste Management
Program Revisions"
December 9,1998 (63 FR 67834)
EPA proposed to grant final authorization to
the hazardous waste program revisions
submitted by the Oklahoma Department of
Environmental Quality. EPA authorized the
State's program revisions as an immediate
final rule without prior proposal in the final
rules (63 FR 67800). The immediate final rule
-------
Federal Registers
December 1998
PROPOSED RULES
provides a detailed rationale for authorization.
Unless adverse comments are received by
January 8, 1999, the immediate final rule will
become effective February 8, 1999.
"Management and Disposal of Lead-
Based Paint Debris"
December 18,1998 (63 £R 70190)
EPA proposed under TSCA to provide new
standards for the management and disposal of
lead-based paint (LBP) debris generated by
individuals or firms. EPA also proposed in a
companion document to temporarily suspend
the applicability of RCRA standards that
currently regulate LBP debris (63 FR 70233).
EPA intends the proposed TSCA standards to
be both less burdensome and less costly than
the RCRA LBP debris management standards.
The proposed standards do not address LBP
generated by homeowners in their homes, but
do extend to LBP debris generated from the
renovation and remodeling of public and
commercial buildings. Written comments
must be received by February 16, 1999.
"Temporary Suspension of Toxicity
Characteristic Rule for Specified Lead-
Based Paint Debris"
December 18, 1998 (63 FR 70233)
EPA proposed to temporarily suspend the
applicability of the Toxicity Characteristic
Rule (40 CFR §261.24) to specified LBP
debris in order to avoid duplicative or
inconsistent regulation. The proposed
§261.4(b)(15) exclusion applies to LBP debris
generated from abatements conducted at target
housing; deleading projects conducted at
public or commercial buildings; and
renovation or remodeling and demolition
activities at target housing, public buildings, or
commercial buildings. The LBP debris
resulting from these activities would instead be
subject to TSCA standards, proposed in a
companion document (63 FR 70190;
December 18, 1998). Written comments must
be received by February 16, 1999.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Proposed
Exclusion"
December 21,1998 (63 FR 70360)
EPA proposed to grant a petition submitted
by Aluminum Company of America (Alcoa),
in Pittsburgh, Pennsylvania, to delist, on a one-
time basis, certain solid wastes generated by its
wastewater treatment plant and retained by the
Stolle Landfill in Sidney, Ohio. This decision
would exclude the F006 and F019 wastes, as
specified in the petition, from the lists of
hazardous wastes in Subpart D of 40 CFR Part
261. The Agency has based this decision on an
evaluation of waste-specific information
supplied by Alcoa. The petitioned waste will
be excluded from all RCRA Subtitle C
requirements provided EPA finalizes the
decision. Written comments are due by
February 4, 1999.
CERCLA
"National Priorities List; Whittaker
Superfund Site"
December 14,1998 (63 F_R 68712)
Notice of Intent to Delete
12
-------
December 1998
Federal Registers
"National Priorities List; Treasure
Island Naval Station-Hunters Point
Annex Site"
December 15,1998 (63 FR 69032)
Notice of Intent for Partial Deletion
"Reportable Quantities: Removal of
Caprolactum From the List of CERCLA
Hazardous Substances"
December 15,1998 (63 FR 69169)
EPA proposed to amend regulations under
CERCLA to remove caprolactam (Chemical
Abstracts Service (CAS) No. 105-60-2) from
the list of CERCLA hazardous substances.
This action was initiated in response to the
removal of caprolactam from the list of HAPs
under §112(b)(l) of the Clean Air Act
Amendments of 1990.
"National Priorities List; Rocky
Mountain Arsenal National Priorities
List Site"
December 17,1998 (63 F_R 69601)
Notice of Intent for Partial Deletion
"National Priorities List; Yellowstone
Water Road Dump Superfund Site"
December 23,1998 (63 FR 71052)
Notice of Intent to Delete
NOTICES
RCRA
"Notice of Extension of Comment
Period on Consent Decree Under the
Resource Conservation and Recovery
Act of 1976 (RCRA) as Amended, 42
U.S.C. §6928"
December 2,1998 (63 FR 66582)
The Department of Justice extended the
notice and comment period for the proposed
Consent Decree, "United States v. FMC
Corporation, Inc. " (63 FR 58769;
November 2, 1998). The period is extended
through December 18, 1998.
"Notice of Final Decision to Grant
Waste Management of Ohio, Inc., a
Modification of an Exemption from the
Land Disposal Restrictions of the
Hazardous and Solid Waste
Amendments of 1984 Regarding
Injection of Hazardous Wastes"
December 10,1998 (63 FR 68284)
EPA granted a modification of an exemption
to the land disposal restrictions to Waste
Management of Ohio, Inc. (WMO) of
Oakbrook, Illinois. Effective February 8,
1999, the August 6, 1998, final rule (63 FR
42110) will prevent the four wastes from land
disposal. Accordingly, on February 8, 1999,
the exemption will allow WMO to continue to
inject four RCRA-regulated hazardous wastes
into four Class I injection wells at the Vickery,
Ohio, facility. This decision represents a final
Agency action that cannot be administratively
appealed.
-------
Federal Registers
December 1998
NOTICES
"1999 National Resource Recovery
Conservation and Recovery Act
Program Meeting; Notice of Public
Invitation to Plenary Sessions of
National Meeting"
December 11,1998 (63 FR 68453)
EPA announced a public invitation to the
plenary sessions of the National RCRA
Program meeting, "RCRA 99 - Partnerships
for a Cleaner Environment." The plenary
sessions will be held on January 12 and 14,
1999, in Washington, DC. Representatives
from EPA, states, and Native American tribes
involved in the RCRA program will
collaborate at the national meeting to review
initiatives from EPA Headquarters and to
discuss Regional and state issues.
"Salt River Pima-Maricopa Indian
Community; Final Approval of an
Alternate Liner System Design and
Use of Alternative Daily Cover Material
for the Salt River Municipal Solid
Waste Landfill"
December 11,1998 (63 FR 68453)
EPA has approved two requests submitted by
the Salt River Pima-Maricopa Indian
Community for approval to use flexible
standards at the Salt River Municipal Solid
Waste Landfill. Effective December 11, 1998,
the first approval enables the Community to
install a geosynthetic clay liner rather than a
composite liner, while the second approval
allows the Community to use a tarp system as
cover in place of earthen material.
"Project XL Rulemaking for New York
State Public Utilities; Hazardous
Waste Management System"
December 28,1998 (63 FR 71411)
EPA has extended the comment period for
the Project XL Draft FPA and the proposed
rule from January 6, .1999, to January 27, 1999.
EPA requested comment on the draft FPA and
the proposed rule to implement an XL project
for participating New York State utilities that
generate hazardous waste at remote locations
(63 FR 67561; December 7, 1998).
"Notice of Data Availability of Draft
RCRA Waste Minimization PBT
Chemical List"
December 29,1998 (63 FR 71643)
EPA has extended the comment period on the
Notice of Data Availability (NODA) of the
draft RCRA Waste Minimization PBT
Chemical List from January 8, 1999 to
February 16, 1999. EPA announced the
availability of the Draft RCRA Waste
Minimization PBT Chemical List on
November 9, 1998 (63 FR 60332). The final
list will serve as a voluntary guide for
identifying national waste minimization
priorities and measuring national reduction
progress.
14
-------
December 1998
Federal Registers
NOTICES
CERCLA
"Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) or Superfund,
§311(b)(9)(A), CERCLA §311(b)(3),
Announcement of Competition for
EPA's Brownfields Job Training and
Development Demonstration Pilots"
December 23,1998 (63 FR 71117)
EPA announced that the Agency will begin
accepting applications for Brownfields Job
Training and Development Demonstration
Pilots through March 1, 1999. The Agency
intends to select 10 pilots by June 1999.
SPCC
"Agency Information Collection
Activities OMB Responses"
December 9,1998 (63 FR 67882)
In response to an EPA clearance request, the
Office of Management and Budget (OMB) has
issued a control number for the Spill
Prevention Control and Countermeasures
(SPCC) Plans, in accordance with the
Paperwork Reduction Act (44 U.S.C. 3501 et.
Seq.). EPA Information Collection Request
(ICR) No. 0328.07 was approved on
October 8, 1998 and OMB No. 2050-0021 will
expire on December 31, 1999.
Consent Decrees
"Consent Decree; United States v,
Russell Martin Bliss, et al."
December 2, 1998 (63 FR 66583)
"Consent Decree Amendment; United
States v. Beazer East, Inc."
December 2, 1998 (63 FR 66581)
"Extension of Comment Period on Consent
Decree; United States v. FMC
Corporation, Inc."
December 2, 1998 (63 FR 66582)
"Consent Decrees; United States v.
Montrose Chemical Corporation of
California, et al."
December 2, 1998 (63 FR 66582)
"Consent Decree; United States v. Russell
Martin Bliss, et al."
December 2, 1998 (63 FR 66583)
"Consent Decree; United States v. ARCO
and Montana v. ARCO'
December 2, 1998 (63 FR 66818)
"Prospective Purchaser Agreement; C&M
Plating Company Site"
December 9, 1998 (63 FR 67883)
"Administrative Settlement; Burbank
Operable Unit Superfund Site"
December 10, (63 F_R 68287)
"Consent Decree; United States v. ARCO
and Montana v. ARCO'
December 10, 1998 (63 FR. 68296)
"Consent Decree; United States et al. v.
CBS Corp."
December 10, 1998 (63 FR 68297)
"Consent Decree; "United States v. CDMG
Realty Co., et al."
December 10, 1998 (63 F_B 68297)
15
-------
Federal Registers
December 1998
NOTICES
"Consent Decree; United States v.
Keystone Sanitation Company, Inc., et
al."
December 10, 1998 (63 FR 68297)
"Consent Decree; United States v. North
Carolina State University at Raleigh"
December 10, 1998 (63 FR 68298)
"Proposed Administrative Cost Recovery
Partial Settlement; Leavenworth Auto
Parts Site"
December 11, 1998 (63 FR 68461)
"Proposed Purchaser Agreement; Avtex
Fibers Superfund Site"
December 15, 1998 (63 F_B 69073)
"Settlement; Anchor Chemical Superfund
Site"
December 15, 1998 (63 FR 69074)
"Proposed Prospective Purchaser
Agreement; Arkansas River Ranch"
December 21, 1998 (63 FR 70405)
"Consent Decree; United States v.
Allegiance Healthcare Corp, et al."
December 21, 1998 (63 £B 70421)
"Administrative Agreement; West
Roosevelt Drum Superfund Site"
December 23, 1998 (63 £B 71131)
"Consent Decree; United States v. Amoco
Chemical Co., et al."
December 30, 1998 (63 £E 71951)
"Consent Judgments; United States v.
General Motors Corporation and Niagara
Mohawk Power Corporation"
December 30, 1998 (63 F_B 71951)
"Consent Decree; United States v. Rohm
& Haas Company, et al."
December 30, 1998 (63 £B 71952)
"Consent Decree;" United States v. Pfizer
Inc."
December 31, 1998 (63 FR 72328)
16
-------
CALL ANALYSES
This month, the Hotline responded to a total of 18,318 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
3,235
327
148
7
61
90
110
10
60
5
1
0
316
88
10
81
3
4,549
No caller profile data available.
17
-------
Call Analyses
December 1998
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 23
Textiles 13
Apparel 0
Lumber & Wood 11
Furniture 8
Paper 5
Printing & Publishing 2
Chemicals 90
Petroleum & Coal 23
Rubber and Plastics 19
Leather 1
Stone, Clay & Glass 12
Primary Metals 15
Fabricated Metals 33
Machinery (Excluding Electrical) 6
Electrical & Electronic Equipment 0
Transportation Equipment 9
Instruments 3
Misc. Manufacturing 36
Metal Mining 9
Coal Mining 7
Electricity Generating 17
RCRA Subtitle C 5
Solvent Recovery 3
Petroleum Bulk Storage 30
Chemical Distributor 25
Propane Retailer 87
POTW 33
Subtotal 525
Consultants/Engineers 1,378
Attorneys 87
Citizens 101
Public Interest Groups 27
Educational Institutions 34
EPA 43
Federal Agencies 35
GOCOs 1
Congress 4
State Officials/SERC 45
Local Officials/LEPCs 6
Fire Departments 8
Hospitals/Laboratories 14
Trade Associations 8
Union/Labor 1
Farmers 5
Distributors 22
Insurance Companies 0
Media/Press 2
Native Americans 1
International 1
Other 275
Referrals* 135
Transfers to RCRA/UST Hotline* 96
Document Retrieval Line* 0
Message Retrieval Line* 109
TOTAL NUMBER OF CALLERS 2,963
No caller profile data available
18
-------
December 1998
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
Solid and Hazardous Waste Exclusions
Radioactive Mixed Waste
Delisting Petitions
Definition of Solid Waste/Hazardous
Waste Recycling
Large Quantity Generators
Small Quantity Generators
CESQGs
Transporters
Exports/Imports
TSDFs
General Facility Standards
Unit Standards
Air Emissions
Combustion - General
BIFs
Incinerators
Draft Strategy
Waste Minimization
LDR
Applicability
Notifications/Certification
Treatment Standards
Permits and Permitting
State Programs
Financial Assurance
Closure/Post-Closure
Corrective Action
Enforcement
Hazardous Waste Data
Test Methods
Indian Lands
Used Oil Standards
Military Munitions
OTHER WASTES
Ash
Bevill Amendment (Mining Waste)
Medical Wastes
Oil and Gas
882
843
427
5251
80
86
1691
40
3261
41
30
397
589
146
130
100
21
216
229
118
66
40
26
16
24
3291
100
239
1401
93
37
1061
255
97
221
73
9
177
6
5
11
98
23
SUBTITLE D
Household Hazardous Wastes
Subtitle D - General
Technical Standards
Industrial Wastes
Municipal Wastes
Indian Lands
Financial Assurance
Solid Waste Recycling/Markets -
General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
Composting
Procurement
Source Reduction/Pollution Prevention
Grants and Financing
TOTAL QUESTIONS
* Includes 2,577 RCRA document requests.
84
110
17
5
61
10
219
4
22
~6
10
6
13
33
33
36
40
3
8,294*
UST
General/Mi sc.
Applicability/Definitions
Regulated Substances
Closure
1998 Deadline
Standards for New Tank Systems
Tank Standards and Upgrading
Replacing/Closing
Release Detection
Reporting Requirements
Operating Requirements
Corrective Action for USTs
Financial Responsibility
Enforcement
State Programs
Private Sector
Indian Lands
MTBE
LUST General/Miscellaneous
RBCA
Technologies
Solvency/Cost Controls
TOTAL QUESTIONS
.„.„,., * Includes 406 UST document requests.
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.
264
3361
461
1031
5131
701
1191
991
162
28
37
32
53
2851
24
0
0
5
5
2
6
i
2,184*
19
-------
Call Analyses
December 1998
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions
Trade Secrets
Enforcement
Liability/Citizen Suits
Training
Chemical-Specific Information
Federal Facilities Executive Order
Emergency Planning (§§301-303):
General
Notification Requirements
SERC/LEPC Issues
EHSs/TPQs
Risk Communication/
Hazards Analysis
Exemptions
Emergency Release Notification (§304):
General
Notification Requirements
Reportable Quantities
CERCLA §103 vs. SARA §304
ARIP/AHEDB/ERNS
Exemptions
Hazardous Chemical Reporting
(§§311-312):
General
MSDS Reporting Requirements
Tier I/II Requirements
Thresholds
Hazard Categories
Mixtures Reporting
Exemptions
280
4
483
4
0
61
1
48
18
47
70
15
6
51
76
55
66
2
8
167
851
1711
821
10
30
65
Toxic Chemical Release Inventory (§313):
General
APR
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NOTEs/NOSEs/NONs
Voluntary Revisions
PoHution Prevention 33/50
Public Access to Data
TRI Database
Petitions
TRI Expansion
Exemptions
255
14
319
151
220
15
4871
78
6
41
28
13
37
91
CAA
General Duty
RMP General
Regulated Substances/Thresholds
Exemptions
Process Identification
Program Levels
Offsite Consequence Analysis
Accident History
Prevention Program
Emergency Response Program
Management Program
RMP Submission
Access to RMP Data
Risk Communication
State Implementation
RMP Enforcement
68
7761
3771
55
1091
48
154
8
17
9
8
1181
15
0
5
167
TOTAL QUESTIONS 5,597
*Includes 1,071 Emergency Planning and Community
Right-to-Know document requests.
SUPERFUND
General/Misc. 118
Access & Information Gathering 87
Administrative Improvements
General 11
Environmental Justice/Brownfields 721
SACM/Presumptive Remedies 14
Soil Screening Levels 12
Administrative Record 13
ARARs 61'
CERCLIS 841
Citizen Suits 2
Claims Against Fund 15
Clean-Up Costs 16
Clean-Up Standards 67
Community Involvement 11
Contract Lab Program (CLP) 9
Contractor Indemnification 0
Contracts 4
Definitions 43
Enforcement 1481
Federal Facilities 14
Hazardous Substances 1181
HRS 19
Liability 49
Local Gov't Reimbursement 0
20
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.
-------
December 1998
Call Analyses
Natural Resource Damages 6
NCP 24
Notification 119
NPL 96
Off Sice Rule 48
OSHA 6
PA/SI 24
PRPs 33
RD/RA 11
Reauthorization 5
Remedial 45
Removal 13
RI/FS 19
Risk Assess./Health Effects 78
ROD 42
RQ 1291
Settlements 59
SITE Program 7
State Participation 3
State Program 20
TAGs 3
Taxes 2
Special Topics
Oil Pollution Act 86
SPCC Regulations 308
TOTAL QUESTIONS 2,243*
*Includes 502 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 18,318
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.
21
------- |