~ 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. ------- -2- 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: ------- -3- 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)). ------- 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, ------- -5- 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. ------- —6— 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 ------- -7- 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 ------- -8- 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 ------- -9- 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 ------- -10- 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 ------- -11- 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 ------- RCRA/SUPERFUND HOTLINE -12- NATIONAL TOLL FREE #800-424-9346 WASHINGTON, DC METRO AREA #202-382-3000 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. ------- RCRA/SUPERFUND HOTLINE -13- NATIONAL TOLL FREE #800-424-9346 WASHINGTON, DC METRO AREA #202-382-3000 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. ------- RCRA/SUPERFUND HOTLINE -14- NATIONAL TOLL FREE #800-424-9346 WASHINGTON, DC METRO AREA #202-382-3000 ' 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. ------- 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 -15- NATIONAL TOLL FREE #800-424-9346 WASHINGTON, DC METRO AREA #202-382-3000 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. ------- 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. ------- -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 ------- |