~ I
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. Z0460
530R86111
m SMS
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: Monthly Report - RCRA/Superfund Industry Assistance Hotline Report for
March 1986
FROM: Joan Warren, WH-562
Office of Solid Waste
Nancy Parkinson, WH-548B
Office of Emergency and Remedial Response
TO: See list of addressees
I. ACTIVITIES
A. The Hotline responded to 9,517 questions and requests for documents in March.
B. On March 10, Caroline Danek joined the Hotline as an Information Specialist.
She has a B.S. in Chemical Engineering from the University of- Maryland.
Caroline has completed her four week Hotline training program and will
soon be an integral part of the Hotline staff.
C. On March 13, Bill Rusin and Gordon Davidson attended a demonstration of the
RCRA Docket computer data base presented by OSW contractors.
D. On March 13, Bob Axelrad briefed the Hotline on the revisions to the small
quantity generator regulations for generators producing 100-1000 kg/mo, of
hazardous waste. The final regulation was promulgated on March 24, 1986 (51
FR 10146).
E. On March 26, Denise Wright and Bill Rusin attended a demonstration by Barbara
Roth and Emma McNamara of EPA's Information Services Branch on the library's
hazardous waste publication data base. The data base was developed so that
EPA's library staff can better assist EPA employees who are developing policy
and writing regulations. The data base will include hazardous waste journals,
books, reports, and OSWER directives and will be updated monthly. Much of
the Hotline's comprehensive publication list was used in the development of
this data base.
, F. On March 26, members of the Hotline attended a viewing of the National Fire
Protection Association's (NFPA) videotape on the UST program. The videotape
' was simulcast to EPA and firefighters across the country. The Hotline received
' numerous calls on the program following the simulcast. The Hotline phone
number was broadcast at the end of the videotape.
G. On March 28, Ginny Cummings of the Office of Underground Storage Tanks (OUST)
met with the Hotline to discuss UST issues, both resolved and unresolved.
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II. REGIONAL ACTIVITIES; SUPERFUND INFORMATION! SERVICES
A. Region II (New York, 800-732-1223 or in New Jersey, 800-346-5009)
o Josh Bloom responded to 63 calls in March.
o A Newark Star Ledger newspaper article concerning additional EPA
testing for radon in Montclair, Glen Ridge, and Wsst Orange, New
Jersey listed the Region II Superfund Hotline phone number. This
article prompted a significant number of calls concerning the
rationale for new testing, the origin and effects of radon, and
the contamination levels at specific hones.
o The expanded advertisement of the Regional Hotline should occur
in April. The press release has been approved, and a significant
portion of the mailing list is complete.
o The breakdown of calls by subject is as follows:
Radium sites - 22
Specific sites - 7
CEPP - 18
RCRA - 5
Chemical Information - 4
Other - 7
o The breakdown of callers is as follows:
Industry - 10
Public - 23
Consultants - 4
State Government - 3
Local Government - 10
Environmental Organizations - 6
Other - 7
8. Region IX (800-231-3075)
o Nancy Alvarado-Blauer responded to 121 calls in March.
o On March 18 and 19, Nancy attended part of the RCRA Public
Participation Training in San Francisco.
o Nancy responded to one controlled correspondence and six general
written correspondences.
o The first mailing of the toll-free program announcement was sent
March 25, 1986 to portions or all of the people on the mailing
lists for the following sites in California:
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Jibboom Kettleman Hills
Montrose Koppers
San Fernando MGM Brakes
SP Roseville San Gabriel
BKK Atlas-Coalinga
Celtor Selma
Del Nbrte South Bay
Casmalia Oil
o There were eight calls resulting from the program announcement mailing.
o Thanks to the Community Relations Specialists, the toll-free number
appeared in several publications in March.
o The breakdown of calls by subject is as follows:
Specific sites - 45
CEPP - 4
RCRA - 12
CERCIA - 47
Other - 13
o The breakdown of callers is as follows:
Industry - 9
Public - 52
Consultants - 29
Federal Government - 3
State Government - 8
Local Government - 16
Environmental Organizations - 1
Other - 3
III. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
1. RCRA Permits for Mobile Treatment Units
A company would like to build a mobile hazardous waste incinerator. The
company submitted a Part B permit application. Under the preconstruction
ban of §270.10(f), a company must have a permit before beginning construction
on a unit. Is there any way to begin construction earlier?
RCRA §3005(a), as amended by the Hazardous and Solid Waste Amendments
of 1984, requires owners and operators of all hazardous waste treatment,
storage, and disposal facilities to obtain a RCRA permit prior to
constructing a RCRA facility. A mobile treatment unit (MTU) can be
prefabricated and transported to the proposed treatment site, but
construction of the site itself, such as pouring concrete foundations
and connecting the MTU to physical structures on-site cannot occur
until the RCRA permit is issued (RCRA §1004(2)).
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EPA is developing a policy to streamline the permitting process for
WTU's and is considering the concept of statewide permits. A draft
policy is expected on March 30, 1986.
Source: Nancy Pcmerleau (202) 382-4500
Research: Jennifer Brock
2. Financial Test Liabilities
The financial test used to demonstrate compliance with financial
responsibility requirements under §265.143 utilizes a ratio of total
liabilities to net worth, §265.143(e)(l)(i)(A). What is to be included in
the total liabilities estimate? Would accounts payable be included in
the total liability number?
Neither the regulations nor the statute contains any definition of
total liabilities. According to the Glossary of Terms in "Financial
Assurance for Closure and Post-Closure Care: Requirements for Owners
and Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities" (SW-955), total liabilities are defined as "total debts
owed by a business or individual including all liabilities." (p. 13)
In that same glossary, EPA defines "liabilities" as:
"...probable future sacrifices of economic benefits arising from
present obligations to transfer assets or provide services to
other entities in the future as a result of past transactions or
events." (p. 8)
The Agency uses the same definition of total liabilities as used in
generally accepted accounting practices. Therefore, for further
clarification, owners or operators should be directed to Financial
Accounting Standards Board Concepts Statement No. 3 Elements of
Financial Statements of Business Enterprises which stipulates
three essential conditions that an item must fulfill to qualify as
a "liability:"
o It must involve a present duty or responsibility to transfer or
use assets at a determinable date;
o It must be unavoidable; and
o The event obligating the transfer or use of assets must
have already occurred.
According to this definition, owners or operators should not exclude the
company's day-to-day payables, or any other current liabilities, from their
computation of total liabilities. Current liabilities are (1) payable at a
certain date (i.e., within one year), (2) are unavoidable, and (3) the
obligating event occurred when the company purchased the inventory, supply,
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or service associated with the current liability. For purposes of the
financial test/ total liabilities should include any obligation of the
company which meets the three essential characteristics listed above. The
time period in which the obligation is due, whether short or long-term,
does not matter.
Source: Carole Ansheles (202) 382-4761
Research: Kim Gotwals
3. Hazardous Waste Fuel
An iron blast furnace is used to smelt iron ores to produce crude iron
(pig iron) suitable for use in making steel. The blast furnace is fueled
with both virgin fuel oil and a fuel produced from listed hazardous spent
solvents. The hazardous waste derived fuel is produced by a processor who
neither generates nor burns the fuel. How would the hazardous waste
derived fuel be regulated under the final rule on burning and blending of
hazardous waste which was promulgated in the Federal Register on November
29, 1985 (50 FR 49164)?
The final burning and blending rule of November 29, 1985 (50 FR 49164)
removed an exemption in §266.30(a) that was applicable to this
situation which was promulgated on January 4, 1985 (50 FR 614).
Formerly, §266.30(a) exempted from regulation "fuels produced from
hazardous waste by blending or other treatment by a person who
neither generated the waste nor burns the fuel" provided that the
fuel was "burned for energy recovery in any boiler or industrial
furnace that is not regulated" as a hazardous waste incinerator,
with some specific exceptions. The November 29, 1985 final rule (50
FR 49164) removed the §266.30(a) exemption and specifies in amended
§266.30(a) that Subpart D of Part 266 applies to "hazardous
waste fuel" burned for energy recovery in any boiler or industrial
furnace that is not regulated as a hazardous waste incinerator.
"Hazardous waste fuel" is defined in amended §266.30(a) to include
both hazardous waste and "fuel produced from hazardous waste by
processing, blending, or other treatment" which is burned for
energy recovery in the above specified units.
In this example, the unit used for burning hazardous waste fuel for
energy recovery is a blast furnace. Section 260.10 (50 FR 614) defines
the term industrial furnace to include blast furnaces. Thus, the
hazardous waste produced fuel has been excluded from regulation in
the past due to the former §266.30(a) exemption for fuels produced
from hazardous waste by a third party processor which are burned for
energy recovery in any boiler or industrial furnace.
Since the November 29, 1985 final rule (50 FR 49164) removed the
former §266.30(a) exemption for fuels produced from hazardous waste
and amended §266.30(a) to include "hazardous waste fuels" in the
group of wastes regulated by RCRA, all previously exempted hazardous
waste fuels are now subject to regulation.
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The hazardous waste fuel in this case becomes subject to the
regulations of Subpart D of Part 266 as of the appropriate effective
date of the November 29, 1985 final rule (50 FR 49164). The owner
of the blast furnace is a burner of hazardous waste fuel and will be
subject to the §266.35 standards applicable to burners of hazardous
waste fuel. This section includes prohibitions on burning hazardous
waste fuel in other than specified units, notification requirements,
required notices, recordkeeping requirements, and storage controls.
The storage controls, found in §266.35(c), require that a facility
have interim status or a final permit for the storage of hazardous
waste fuels, and subject the facility to the applicable provisions
of Parts 265 or 264, 270, and 124. The applicable effective dates
include notification by January 29, 1986; use of manifests, certif-
ications, and recordkeeping by March 31, 1986; and submission of
Part A permit applications or amended Part A permit applications
by May 29, 1986.
Source: Bob Holloway (202) 382-7936
Research: Charlotte Mooney
4. Fume Incinerators
A pesticide manufacturer has a fume incinerator which incinerates fumes
from the pesticide production process. He also uses listed hazardous
wastes as a supplemental fuel for the incinerator. The hazardous waste
fuels have sufficient BTu value to constitute legitimate recycling (as
determined by the enforcement guidance issued in the March 16, 1983,
Federal Register (48 FR 11157)). May the manufacturer claim that since
the listed hazardous wastes will be recycled for their energy value, then
the unit in which the wastes are being recycled is itself not subject to
regulation? In other words, must the fume incinerator burning listed
hazardous wastes as a supplemental fuel operate under a RCRA permit?
The fume incinerator itself must be regulated under Subpart 0 of
Parts 264 or 265. Two points must be clarified in answering the
question. First, a fume incinerator used only to destroy gaseous
emissions from an industrial process is not subject to RCRA regulation
since the fume input, being an uncontained gas, is not a solid waste
(per the June 24, 1982, Federal Register (47 FR 27530)). The fume
incinerator would be subject to regulation under the Clean Air Act.
However, this pesticide manufacturer's fume incinerator burns an
additional and identifiable material which is a solid waste and a
listed hazardous waste. A unit burning listed hazardous wastes for
energy recovery is only exempt from Parts 264 or 265 Subpart 0
incinerator regulations if the unit is an industrial "boiler" or
"industrial furnace" as defined in §260.10. The exemption is in
§261.6(a)(2)(iii) of the November 29, 1985, Federal Register (50 FR
49203). There is no exemption for an incinerator burning hazardous
wastes as fuel. Therefore, the pesticide manufacturer's fume
incinerator must be operating either under RCRA interim status or
final permit regulations.
Source: Bob Holloway (202) 382-7917
Research: Margaret Kneller
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5. Federal Procurement: of Recovered Materials
What guidelines or regulations have been issued under RCRA concerning Federal
Procurement of recovered materials?
The "Federal Procurement" provision in Section 6002 of
the Resource Conservation and Recovery Act is one of the few
provisions of the statute that directly mandates resource
recovery. In establishing this provision, Congress recognized
that the Federal Government is an enormous consumer of certain
materials. Hence, procurement practices of Federal agencies
can encourage the development of private sector companies which
use recovered materials to manufacture products for both the
Federal and private sectors.
The provisions of §6002 apply to procuring agencies that purchase
designated items when the price of such designated item exceeds
$10,000 or when the cost of such an item purchased during the
preceding year exceeded $10,000. The statute incorporates two
mechanisms to accomplish the goal of establishing Federal recycling
practices. First, §6002(d) states that all Federal procuring
agencies responsible for drafting or reviewing specifications
must review and revise their specifications in order to eliminate
any unfair discrimination against the use of recovered materials.
Second, §6002(e) reguires the EPA to designate items that are or
can be produced with recovered materials and to set forth recommended
procurement practices for such items ("procurement guidelines").
Section 6002(c) reguires all procuring agencies which use appropriated
Federal funds to procure designated items containing the highest
percentage of recovered materials, practicable, provided that
reasonable levels of competition, cost, availability and technical
performance are maintained. Section 6002(i) reguires procuring
agencies to adopt an affirmative procurement program to ensure
that designated items containing recovered materials are purchased
to the maximum extent practicable.
EPA finalized guidelines for cement and concrete containing
fly ash on January 28, 1983 (48 FR 4230). Paper and paper products
guidelines were proposed on April 9, 1985 (50 FR 14076). Guidelines
for Federal procurement of asphalt materials containing ground tire
rubber for construction and rehabilitation of paved surfaces were
proposed on February 20, 1986 (51 FR 6202). The EPA has established
criteria for selecting additional items for which procurement guidelines
will be prepared (48 FR 4231). The criteria are:
1) The waste material must constitute a significant solid waste
management problem due to volume, degree of hazard or
difficulties in disposal;
2) Economic methods of separation and recovery must exist;
3) The material must have technically proven uses; and
4) Federal purchasing power for the final product must be substantial.
Source: William Sanjour (202) 382-4502
Research: Kevin Weiss
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B. CERCIA
1. Natural Resource Claims
The Hazardous Substance Response Trust Fund ("the Fund") established
under Section 221 of CERCLA provides funding for restoration of natural
resources. A trustee, defined in 40 CFR 300.6 as a Federal natural
resources management agency or a State, may file claims against the Fund
for either damage assessment or natural resource restoration, according
to §306.20(a) (see 50 FR 51216). How does a trustee submit a claim to
the EPA for natural resource damage? How many trustees have submitted
claims successfully to the Fund?
Section 112 of CERCLA and 40 CFR 306 (promulgated December 13, 1985,
50 FR 51205) address how a trustee may submit a claim to the Fund
for compensation for natural resource damage. Excluding emergency
situations, §306.22 requires the trustee to obtain preauthorization
(EPA's prior approval) for use of the Fund prior to repairing natural
resource damage. If a claim is not preauthorized, EPA will not
reimburse the trustee. Preauthorization is not required for damage
assessment claims. In addition, under §306.25, the trustee must
first attempt to find, and file all claims with the responsible
parties. If the responsible party does not settle the claim within
sixty days, the trustee may file suit against the party, or submit
the damage assessment of the preauthorized restoration claim to
EPA. EPA's denial of preauthorization does not prevent the trustee
from filing a court action against the responsible party (50 FR
51210).
When a trustee submits a claim to the Fund, documentation of the
restoration or damage assessment, as well as the attempt to identify
the responsible party, must also be submitted. The trustee must
justify all costs submitted. In this case of claims for resource
restoration, claims must also document that the plan was preauthorized
(§306.30). The trustee must use EPA form 2075-2 when submitting
both types of claims.
Ultimate awarding of claims depends upon the amount of available
Fund money. According to §306.40, EPA awards claims in the order of
which they are decided and as monies become available. Because the
natural resource damage claims regulations were only effective March
13, 1986, no one has yet applied for preauthorization under this
regulation. However/ the court in New Jersey v. Thomas has ordered
EPA to process 26 claims filed by the State of New Jersey. These
claims will be processed without regard to the regulations or any
preauthorization requirement. EPA has asked New Jersey to submit
additional information in order to allow further processing of the
claims.
Source: Bill Ross (202) 382-4645
Research: Jennifer Brock
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2. Community Relations Plans At State-Lead Enforcement Sites
A State takes an enforcement action against the owner/operator of a site
that is listed on the National Priorities List (NPL). The enforcement
action is taken pursuant to State environmental laws. Because the site
is on the NPL, must a ccmnunity relations plan be set up?
CERCIA and the National Contingency Plan (NCP), including requirements
regarding community relations, apply to actions carried out by a
State where CERCIA funds are used to support the State activity.
Since CERCLA funds have not been used to underwrite State costs
where the State has assumed lead enforcement responsibility for a
site, there has been no basis for requiring States to conduct
canmunity relations activities at State enforcement-lead sites. Of
course, many States choose as a matter of policy to follow the NCP,
including community relations requirements.
Source: Pam Garrow (202) 382-2990
Tony Diecidue (202) 382-4941
Research: Kim Gotwals
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IV. ANALYSES OF QUESTIONS
The Hotline responded to 9,517 questions and requests for documents in March. Of the
questions asked, the percentage of callers was:
Generators 16.1% State Agencies 4.7%
Transporters 1.1%
TSDF's 8.5%
EPA HQ's 1.4%
EPA Regions 3.3%
Federal Agencies 2.4%
Local Agencies 1.6%
Breakdown of calls by EPA Regions:
1 5.0% 3 25.0%
2 9.3% 4 13.5%
International 0.3%
RCRA
General Information
3010 Notification
260.10 Definitions
260.22 Petitions/Delisting
261.2 Solid Waste Definition
261.3 Hazardous Waste (HW) Defn.
261-C Characteristic HW
261-D Listed HW
261.4 Exclusions
261.5 Small Quantity Generator
261.6 Recycling Standards
266-C Use Constituting Disposal
266-D HW Burned for Energy Recovery
266-E Used Oil Burned for
Energy Recovery
266-F Precious Metal Reclamation
266-G Spent Lead-Acid Battery
Reclamation
261.7 Container Residues
262 Generator (General)
Manifest Information
Pre- 1 ranspo rt
Accumulation
Recordkeeping & Reporting
International Shipments
263 Transporter
270 B - Permit Application
D - Changes to Permits
F - Special Permits
G - Interim Status
271 State Programs
124 Administrative Procedures
Liability/Enforcement
Referrals
Consultants 23.9%
Press 0.7%
Trade Associations 1.4%
Citizens 3.1%
UST Owner/Operator 22.9%
Used Oil Handlers 5.2%
Others 3.8%
5 18.9% 7 3.7% 9 7
6 9.3% 8 4.4% 10 3
264/265 TSDF
257 A-Scope/Applicability
96 B-General Facility Standards
120 C-Preparedness/Prevention
46 D-Contingency Plans
127 E-Manifest/Recordkeeping/Reporting
200 F-Groundwater Monitoring
240 G-Closure/Post-Closure
266 H-Financial Requirements
93 I-Containers
141 J-Tanks
120 K-Surface Impoundments
17 L-Waste Piles
103 M-Land Treatment
N-Landfills
213 O-Incinerators
31 P-Thermal Treatment
Q-Chemical, Physical, Biological Treat.
43 R-Underground Injection
31 X/Y-Miscellaneous/Experimental
79
60 CERCLA
14 General/Overview
87 Hazardous Substances/RQ
53 NCP
18 Taxes/PCLTF
65 Removal
45 Remedial
30 NPL
23 On-site Policy
32 Off-site Policy
78 CERCLIS/Notification
6 Liability/Enforcement
62 CERCLA Reauthorization
247
.5%
.2%
91
38
8
17
29
114
88
96
37
84
34
4
9
27
42
3
10
17
4
112
145
62
12
22
60
120
13
26
53
56
68
Document Requests
2178
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RCRA AMENDMENTS
General
56
Effective Dates
59
Small Quantity Generators_
Liquids in Landfills Ban
118
49
Land Disposal Restrictions_
Storage of Banned Waste
226
Minimum Technology Standards
Interim Status Corrective
Action Orders
Loss of Interim Status_
Permits
Exposure Assessments_
RD&D Permits
Waste Minimization
32
Retrofitting Surface Impoundments 17
Groundwater Monitoring 10
Groundwater Commission 2_
Corrective Action 61
21
55
12
10
17
38
Listings/Characteristic Revision 75
Delisting 16
Used Oil Listing
192
Recycling Standards
124
Hazardous Waste Exports
Mining waste, Utility Waste &
Cement Kiln Dust
Uranium Mill Tailings_
State Implementation
Subtitle D
Procurement Guidelines
Inventory of Injection Wells
Inventory of Federal Facilities_
Inspections
Federal Enforcement_
Citizen Suits
Dioxins from Resource Recovery_
Domestic Sewage
H.W. Underground Tanks
UST
Definitions
22
36
17
18
10
38
81
296
Notification
868
Interim Prohibition_
Tank Standards
Total -
73
113
1,350
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RCRA/SUPERFUND HOTLINE
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V. PUBLICATIONS
RCRA
" DRASTIC: A Standardized System for Evaluating Groundwater Pollution Potential
Using Hydrogeologic Settings," dated August 1985, is available from the National
Technical Information Service. The order number is PB-85-228 146/AS. The report
was developed for EPA's Robert S. Kerr, Environmental Research Laboratory in Ada,
Oklahoma. £. fr. ~ r' >". /' 7 - ?^- £ / f - U ..
'
"Environmental Protection Agency Headquarters Videotape Catalog," dated October
1983, is available by contacting John Woods or Glen Nathan of the Office of Public
Affairs at (202) 382-2050 and (202) 382-2054, respectively.
>>' "Final Draft Report: Evaluation of the RCRA Subpart F Ground-water Monitoring
Program," dated January 1986, is available by contacting the Office of the
Ground-water Task Force at (202) 382-7912.
"Hazardous Waste Tank Failure and Release Model" (draft) and "Hazardous Waste Tank
Risk Analysis (draft)" were noticed in the March 5, 1986 Federal Register (51 FR
9072),, The Hotline will take .requests.
.. •',-< \ -\ ', - Vil-. ', •: v,^-* n - o" ;qtf'
"RCRA Orientation Manual" (EPA/530-SW-86-001), dated January 1986, is a manual
developed by EPA to meet the need for introductory information on the solid waste
management program established under RCRA. Copies are available from the
Government Printing Office (GPO) at (202) 783-3238. The GPO order number is
055-000-00255-0 and the cost is $7.00.
"Report to Congress on the Discharge of Hazardous Wastes to Publicly Owned
Treatment Works," prepared pursuant to §3018(a) of RCRA was signed and submitted
] to Congress on February 7, 1986. Copies are now available by contacting
, Denise Beverly at (202) 382-7115.
"Risk Assessment and Management: Framework for Decision Making," (EPA 600/9-85-002)
1 dated December 1984 is available from EPA's Office of Research and Development
at (513) 569-7562.
"Underground Leak Detection Methods: A State-of-the-Art Review" (EPA 600/2-86/001),
dated January 1986 is now available from the National Technical Information Service
(NTIS) at (703) 487-4650. The NTIS order number is PB-86-137-155.
^"."Underground Storage Tank Notification: An Implementation Handbook," dated 1985,
V was prepared for the Office of Underground Storage Tanks. The Hotline will take
requests.
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CERCLA
"Hazardous Waste: Status of Private Party Efforts to Clean Up Hazardous Wastes
Sites," dated December 1985, is available fron the U.S. General Accounting
Office (GAO) at (202) 275-6241. The order number is GAO/RCED-86065/FS. This
fact sheet was prepared by GAO for the Chairman, Subcommittee on Connerce,
Transportation, and Tourism, Committee on Energy and Commerce, U.S. House of
Representat ives.
"Policy on Floodplains and Wetland Assessments for CERCLA Actions" is a memorandum
dated August 6, 1985, from William N. Hedeman, Jr., Director, OERR, and Gene Lucero,
Director, OWPE, to Toxic and Waste Management Division Directors. The Hotline will
take requests.
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VI. FEDERAL REGISTER NOTICES FOR MARCH
Former Notices With Open Garment Period as of April 1, 1986
February 4, 1986: 51 FR 4458
(proposed state sewage sludge
management programs)
February 13, 1986: 51 FR 5472
(proposed commercial chemical
product mixture rule)
February 20, 1986: 51 FR 6202
(proposed Federal asphalt
guideline)
February 24, 1986: 51 FR 6423
(tentative denial of citizens
petitions under RCRA §7004)
February 25, 1986: 51 FR 6565
(proposed listing of three
diphenylamine wastes)
March Federal Register Notices
March 4, 1986: 51 FR 7455
(proposed listing of wastes from
the production of tetraethyl and
tetramethyl lead, and from
the formulation of mixed
alkyl leads)
March 4, 1986: 51 FR 7540
(final rule on State program
revisions)
Proposed rule to require states to develop sewage
sludge management programs that assure compliance
with Federal criteria for the use and disposal of
sewage sludge. The proposed rule provides procedu
for obtaining EPA approval of State sewage sludge
management programs. Comments are due by May 5, 1
Proposed rule to include commercial chemical
products containing mixtures of acutely hazardous
chemicals listed in §261.33(e) as ingredients as
hazardous wastes when discarded or intended to be
discarded. Comments are due by April 4, 1986.
Proposed guideline for Federal procurement of
asphalt materials containing ground tire rubber f<
construction and rehabilitation of paved surfaces
pursuant to §6002 of RCRA as amended. EPA will
accept comments until April 21, 1986.
Notice of tentative denial of citizens' petitions
submitted by Citizens for Healthy Progress and
Valley Watch under §7004 of RCRA seeking to halt
construction and operation of a PCB disposal
facility in Henderson, Kentucky. Comments are due
by April 25, 1986.
Proposed rule to list as hazardous three wastes
generated during the production of diphenylamine
by the condensation of aniline. Comments are due
April 11, 1986.
Proposed rule to list as hazardous five wastes
generated from the production of tetraethyl and
tetramethyl lead and from the formulation of mixe
alkyl leads. Comments are due by April 18, 1986.
Final rule allowing for two procedures by which
revisions to State programs may be finalized -
(a) immediate final approval procedure and
(b) regular proposed/final procedure. The effect
date is March 18, 1986.
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March 5, 1986: 51 FR 7593
("Land Disposal Petitioners
Guidance Manual")
March 5, 1986: 51 FR 7722
(policy on Federal facilities
and §3004(u) corrective action)
March 5, 1986: 51 FR 7723
(intent to propose rules on
Federal facilities)
March 6, 1986: 51 FR 7815
(proposed delistings)
March 6, 1986: 51 FR 7832
(corrections to January 14,
1986 land disposal rule)
March 7, 1986: 51 FR 7934
(eight National Priority List
deletions)
March 10, 1986: 51 FR 8206
(data availability and request
for Garments on proposed used
oil listing)
March 10, 1986: 51 FR 8256
(Berlin and Farro consent decree
for a RI/FS)
RCRA/SUPERFUND HOTLINE
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Notice of availability of document entitled "Land
Disposal Petitioners Guidance Manual," to be used
for petitioning the Agency for the removal of Ian
disposal restrictions (proposed January 14, 1986)
Comments on the document are due by May 5, 1986.
Notice of Agency interpretation of three issues
concerning the applicability of the new correctiv
action program to Federal hazardous waste facilit
(1) §3004(u) applies to Federal facilities to the
same extent as any private facility (2) Federal
agencies must operate under the same property-wid
definition of "facilities" (3) ownership for the
purposes of §3004(u) is referring to individual
Federal departments, agencies, and instrumentalit
Notice of Agency intent to promulgate rules addre
sing the three resolved Federal facility issues,
with regard to §3004(u) corrective action.
Proposed rule to delist wastes from eight facilit
Contnents are due by April 7, 1986.
Typographical corrections to the proposed January
14, 1986 (51 FR 1602) land disposal rule.
Notice of deletion of eight sites from the Nation
Priority List. The effective date is March 7, 198
Notice of additional data availability on the
November 29, 1985 proposed used oil listing. Pub
hearing transcripts and information on the compos
tion of used oil and residues are available for
viewing at the RCRA docket. Request for comments
on specific aspects of used oil recycling and
anticipated effects on regulations, mixture rule
exemptions, and halogen test method. Comments ar
due April 9, 1986.
Notice of the lodging of a proposed consent decre
on February 27, 1986, for the purpose of requirin
Berlin and Farro Liquid Incineration, Inc. (Schwa
Creek, MI) to conduct a remedial investigation/
feasibility study to determine groundwater contam
nation. The consent decree may be examined at the
Office of the U.S. Attorney in Flint, Michigan, a
the EPA Region V office in Chicago, Illinois, or
the U.S. Department of Justice (DOJ),in Washingto
D.C.. A copy of the consent decree may be obtain
by mail fron the Environmental Enforcement Sectio
Land and Natural Resources Division of the Depart
ment of Justice, at a charge ofv$53.30, Comments
to the Assistant Attorney General~of the Land and
Natural Resources Division, U.S. DOJ are due by
April 10, 1986.
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March 13, 1986: 51 FR 8744
(proposed rule on exporting
hazardous waste.)
March 17, 1986: 51 FR 9072
(availability of reports
concerning hazardous waste
tanks)
March 17, 1986: 51 FR 9076
(availability of data on
proposed linuron and bromacil
listings)
March 24, 1986: 51 FR 10146
(final revisions to small
quantity generator regulations)
March 24, 1986: 51 FR 10177
(proposed waste minimization
rule for 100-1000 kg/mo
generators)
March 25, 1986: 51 FR 10211
(revision to North Carolina's
hazardous waste program for solid
waste definition)
RCRA/SUPERFUND HOTLINE
-16- NATIONAL TOLL FREE #800-424-9346
WASHINGTON, DC METRO AREA #202-382-3000 '
Proposed regulation for exporters of hazardous
waste. The rule proposes to require the foreign
country receiving hazardous waste to send written
notice of consent before export. The rule also
places requirements on the exporter for
(1) notification prior to export
(2) use of manifest
(3) exception reporting
(4) recordkeeping.
Comments are due by April 28, 1986.
Notice of availability of two reports. "Hazardous
Waste Tank Failure and Release Model" and "Hazard
Waste Tank Risk Analysis". EPA may be using'these
reports to promulgate rules on above ground and
underground tanks. Comments on the draft reports
are due by April 16, 1986. Also, EPA may conduct
additional analysis and provide the RCRA docket w
descriptions of the methodology and results by
March 31, 1986. The Hotline will take requests fo
the two reports.
Notice of availability of new data in the RCRA
docket on the three proposed wastes K119, K120,
K121, from the production of linuron and bronacil
Comments are due by April 16, 1986.
Final rule regulating generators who produce 100-
1000 kilograms of hazardous waste per month under
modified Part 262 standards effective September 2
1986. Off-site TSD facilities handling waste fra
100-1000 kg/mo generators must be in compliance w
Part 264/265 standards by September 22, 1986 also
The Part 264 and 265 standards will apply to thes<
generators who treat, store, or dispose of their
hazardous waste on-site on March 25, 1987.
Proposed rule concerning the applicability of the
waste minimization requirements for 100-1000 kg/m
generators, who would automatically become subjec
to waste minimization on the effective date of th<
100-1000 kg/mo regulations. Comments are due by
April 23, 1986.
Notice of approval of revision to North Carolina's
hazardous waste program incorporating the
January 4, 1985 definition of solid waste. The
revision is effective April 8, 1986.
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-14-
Martha Anderson, DORM
Frank Biros, WH-527
George Bonina, WH-563
Susan Brown, WH-563
Karen Brown, PM-220
John Bosky, EPA - Kansas City, KS
Diane Buxbaum, Region II
Richard Clarizio, Region V
Eileen Claussen, WH-562
Pat Cohn, WH-527
Kathy Collier, Research Triangle Park, N.C.
Peter Cook, WH-527
Alan Corson, WH-565
Elizabeth Cotsworth, WH-563
Hans Crump, WH-548B
Truett DeGeare, WH-563
Steve Dorrler, EPA - Edison, NJ
Melinda Downing, DOE
Barbara Elkus, WH-527
Tim Fields, WH-548B
Elaine Fitzback, WH-527
Lisa Friedman, LE-132S
George Garland, WH-562
John Gilbert, EPA - Cincinnati, OH
lantha Gilmore, WH-562
Peter Guerrero, WH-563
Penny Hansen, WH-562
Bill Hanson, WH-548E
Betti Harris, EPA-Region VII
William Hedeman, WH-556
Lee Herwig, A-104
Hotline Staff
Warren Hull, A-104
Phil Jalbert, WH-548D
Alvin K. Joe, Jr., Geo/Resource
Gary Jonesi, WH-562B
Jim Jowett, WH-548B
Thad Juszczak, WH-562A
Robert Knox, WH-562
Jack Kooyoomjian, WH-548B
Mike Kosakowski, WH-527
Jerry Kotas, WH-527
Walter Kovalick, WH548
Tapio Kuusinen, PM-223
Robert Landers, EMSL/LV
Carol Lawson, A-107
Steve Leifer, LE-135
Steve Levy, WH-563
Henry Longest, WH-548
Gene Lucero, WH-527
James Makris, WH-548A
Jack McGraw, WH-562A
Scott McPhilamy, Reg. Ill
Tony Montrone, WH-527
Sue Moreland (ASTSWMO)
Sam Napolitano, PM-220
Christina Parker, WH-562
Karen Reed, PM-273
John Riley, WH-548B
Clem Rastatter, WH-548
Dale Ruhter, WH-565
William Sanjour, WH-563
Susan Sawtelle, WH-562
Pam Sbar, LE-134S
Mike Shannon, WH-563
Ken Shuster, WH-565
Elaine Stanley, WH-548
Jack Stanton, WH-527
Hillary Sorrmer, N.C.
Bruce Weddle, WH-563
Steve Wilhelm, Region VII
Marcia Williams, WH-562
Hazardous Waste Division Directors, Regions I-X
Hazardous Waste Management Branch Chiefs, Regions I-X
Regional Counsel, Regions I-X
Regional Libraries, Regions I-X
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