UNITED STA FES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
530R86120
February 27, 198";
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: RCRA/Superfund Industry Assistance Hotline Report for
December 1986.
FROM: Joan Warren, Officp of Solid Waste RCRA/Superfund Hotline
National Toll Free #800-424-9346
Hubert Watters* \Orfice of Emergency Washington, D.C. Metro #202-382-3000
and Remedial Response
TO: See List of Addresses
I. ACTIVITIES
A. The Hotline responded to 5,489 questions anVP^^f^S'^^Gafi^ments
in December. ™ '•
B. On December 1, Jacqueline Sales of OSW met with the Hotline to
discuss questions on the Land Disposal Restrictions and the Solvent
Mixture Rule.
C. On December 5, Tom Peak of the Office of Air and Radiation
briefed the Hotline on EPA's Radon programs.
D. On December 16, Tom Land, Joe Kruger and Pat Hainan of the Program
Evaluation Division in OPPE met with Denise Wright and Bill Rusin
as a follow-up to their study and November 12, 1985 report entitled
"Review of Hotlines and Ontoudsman". Contents of the report and
possible ways the Hotline could provide further support to OSWER
were discussed.
E. On December 17, Bill Rusin, Denise Wright, and Paul Theisen attended
a demonstration of the EPA Library's Hazardous Waste Database.
Over the next few months, Paul Theisen will be incoporating this
information into an interim automated information system to support
the information specialist with the numerous, diverse requests for
publications.
F. On December 22, Kim Lewis joined GRC as the Hotline executive secretary.
G. The Hotline submitted written comments to the OSWER Information
Management Staff on the AMS draft report on a joint Hotline and RCRA
Docket automated information system. Hotline staff also met with
Cordelia Shay of AMS on December 23 to discuss the Hotline's comments.
H. On December 23, Joe Kruger and Tom Land of OPPE met with Hotline
managers to discuss how the Hotline's role could be expanded to
provide additional support to OSWER.
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I. The Hotline receives calls from numerous people who have seen the Hotline
phone number advertised in a wide variety of publications as a source of
hazardous waste information or EPA matters in general. Hotline infor-
mation specialists have kept a list of seme of the ways and reasons
callers were referred to the Hotline.
Farm Chemicals re: SQG information
Hazardous Materials Research Institute newsletter "FOCUS" re:
hazardous substances and RQ's
Bureau of land Management memorandum to BLM's hazardous materials
coordinators re: any hazardous waste regulatory questions
Waste Age Magazine re: hazardous waste questions. Magazine stated
"Hotline is overworked and understaffed".
Tulsa Letter re: Lustline publication
Hammer and Dolly Magazine (Magazine for Automotive Association)
re: waste questions
Diecasting Engineer re: SQG handbook
National Federation of Independent Businesses Newsletter re:
hazardous waste information
Commercial Carrier Journal re: SQG handbook, UST publications
American Machinists re: SQG handbook
U.S. Department of Transportation Federal Register re: hazardous
substances and RQs
South Bend, Indiana Fire Department re: hospital wastes
II. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
1. Wastes Generated in Process Units
When, if ever, is waste which is generated in a Safety-Kleen parts
washer regulated under RCRA?
In a May 1986 memorandum "Monthly Report-RCRA/Superfund Industry
Assistance Hotline Report for May 1986", EPA addressed the
regulatory status of parts washers leased frcm the Safety-Kleen
Corporation. At that time, the Agency viewed these parts
washers as manufacturing process units. Consequently, the
wastes generated in the parts washers would be subject to the
exclusion in §261.4(c) and thus would not be regulated unless
removed fron the unit or until they had remained in the unit
more than 90 days after the unit ceased to be operated.
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Since that time, the Agency has studied this issue further
and has determined that Safety-Kleen parts washers cannot be
viewed as manufacturing process units. It is the Agency's
understanding that Safety-Kleen parts washers usually consist
of some sort of cleaning apparatus attached to the top of a
drum of solvent material. Solvent is drawn up into the cleaning
apparatus for use and is discharged back into the drum afterward.
Following a period of use, the solvent in the drum becomes too
contaminated to clean effectively. Periodically, someone from
Safety-Kleen exchanges a fresh cleaning unit for the spent
unit, which he will then transport to a Safety-Kleen facility
for recycling. In other situations, the cleaning apparatus
is removed at the operator's site and placed atop a fresh drum
of solvent. Frequently, an operator will accumulate several
drums of spent solvent in this manner before the Safety-Kleen
worker arrives to replace the spent solvent drums with fresh
drums.
When the solvent can no longer be used effectively, it is
classified as spent material. A spent material sent for
reclamation is regulated as a solid waste under RCRA, §261.2(c).
Furthermore, if the waste is listed in Subpart D of Part 261 or
exhibits any of the characteristics identified in Subpart C of
Part 261, then the waste is also regulated as hazardous waste
under RCRA. Consequently, when the operator decides the solvent
has become too contaminated for further use, it becomes regulated
as hazardous waste. The operator will thus become a generator
of hazardous waste when the cleaning apparatus is removed from
the drum.
Source: Bob Axelrad (202) 475-8551
Matt Straus (202) 475-8551
Maureen Smith (202) 382-7703
Research: Kris Andersen
2. Leak Testing for Existing Hazardous Waste Tanks
Hazardous waste tank regulations, promulgated in the July 14, 1986
Federal Register (51 FR 25422), establish secondary containment
standards for both new and existing hazardous waste tank systems.
According to 40 CFR 264.192 and 265.192, new tank systems must be
constructed to meet the secondary containment requirements, which
include sufficient structural strength, a leak detection system, and
corrosion protection. Sections 264.193 and 265.193 establish general
schedules of compliance for existing tank systems to meet secondary
containment requirements. Although new tanks and their ancillary
equipment must be installed with special leak detection and collection
systems, many existing tank systems may not have a mechanism to
detect and contain releases. Do the new July 14, 1986 regulations
have any leak testing requirement for existing tank systems prior to
installation of secondary containment?
Yes, the new hazardous waste tank regulations do provide for
leak testing in existing tank systems prior to installation of
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secondary containment. 40 CFR 264.193(1) and 265.193(1) require
all existing tank systems to be evaluated for leaks in some
manner. Nbn-enterable underground tanks must be tested for
leaks at least annually. All other tanks (i.e. all above
ground and enterable underground tanks) under interim status
must be leak-tested, inspected internally, or examined for
cracks, leaks, corrosion and erosion at least annually. Other
permitted tanks must be either leak-tested annually or placed
on a schedule for overall integrity assessments. The
frequency of assessments would depend on the material of
construction of the tank, the age of the system, the type of
waste stored or treated, the type of corrosion or erosion
protection, and the rate of corrosion or erosion of the tank.
The annual leak testing requirement also applies to all ancillary
equipment. In addition, §264.191 and §265.191 require the
owner/operator of an existing tank system that does not have a
secondary containment system meeting the requirements of §§264.193
and 265.193 to obtain a written assessment that attests to the
tank system's integrity by January 12, 1988. All assessments
must be certified by an independent, qualified, registered
professional engineer and must be kept on file at the facility.
Source: Bill Kline (202) 382-4623
Research: Jennifer Brock
3. Existing Units and Minimum Technology Standards
The owner/operator of an existing landfill unit which is
holding F006 waste, wants to remove all the waste from the
landfill in order to stabilize it. Once the waste is stabilized,
it will be put back in the same landfill and the landfill will
then be closed. Will this action change the status of the
landfill from an existing unit to a replacement unit? If the
landfill was then considered a replacement unit, would it
have to meet minimum technology requirements under §3004(u)
of RCRA before the stabilized waste is replaced?
A unit is considered a replacement if it is taken out
of service and all or substantially, all waste is removed
from it, and then reused. If the removal, stabilization,
and replacement of the waste is part of closure, and no new
waste is being added to the landfill, then EPA does not consider
that the unit has been "reused". Therefore, the landfill would
retain its status as an existing unit and would not have to
meet minimum technology standards prior to replacing the waste.
Source: Barbara Pace (202) 382-7703
Susan Schmedes (202) 382-7706
Research: Rbbyn Neaville
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LAND DISPOSAL RESTRICTIONS
4. Land Disposal Definition
How is land disposal defined regarding the Section 3004(d) RCRA land
disposal restrictions?
Land disposal is defined to include, but not be limited to, any
placement of hazardous waste in a landfill, surface impoundment,
waste pile, injection well, land treatment facility, salt dome
formation, or underground mine or cave [Section 3004(k) RCRA].
EPA also considers placement of hazardous wastes in concrete
vaults or bunkers intended for disposal purposes as methods of
waste management subject to the land disposal restrictions.
However, EPA does not consider open detonation, which would
include open burning, as methods constituting land disposal and
has concluded that the land disposal restrictions program is
not applicable to open detonation and open burning
[51 FR 40580].
5. Lab Packs
Are lab packs containing wastes restricted from land disposal included in the
land disposal restrictions?
Neither the legislative history nor the statute indicates that
lab packs can be excluded from the land disposal restrictions
if they contain restricted wastes. If a lab pack contains
these restricted wastes, the entire lab pack is subject to the
land disposal restrictions [51 FR 40585].
6. Conditionally Exempt SQG Waste
Are conditionally exempt small quantity generator wastes subject to the
"Ban"?
In the land disposal restrictions rule [51 FR 40572], the
Agency has amended §261.5 to exclude conditionally exempt small
quantity generators from the requirements of part 268, so long
as the generator has compiled with all applicable provisions of
§261.5 [51 FR 40637].
7. Empty Containers
Is an "empty container" which held RCRA hazardous wastes F001-F005
subject to the land disposal restrictions?
No; according to 40 CFR 261.7(a)(l) as amended [51 FR 40637],
"Any hazardous waste remaining in either (i) an empty container
(ii) an inner liner removed from an empty container, as defined
in paragraph (b) of this section, is not subject to regulation
under Parts 261 through 265, 268 (added in this rule), and
Parts 270 and 124 of this chapter or to the notification
requirements of Section 3010 of RCRA. Thus, if the container
has been emptied in accordance with the applicable provisions
of §261.7(b), it is not subject to land disposal restrictions."
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8. Storage of Restricted Wastes
When is the storage of restricted wastes not prohibited?
In section 3004(j) of RCRA, Congress expressly prohibited the storage
of any hazardous waste restricted from land disposal "unless such
storage is solely for the purpose of the accumulation of such quantities
of hazardous waste as are necessary to facilitate proper recovery,
treatment or disposal."
In the final rule (51 FR 40572, §268.5), EPA has incorporated
this language directly into provisions for generator accumulation
and storage by owners or operators of treatment, storage, or
disposal facilities. "The Agency believes that a storage limit
of up to one year should generally provide sufficient time for
an owner/operator to accumulate sufficient quanitities to facilitate
proper recovery, treatment, or disposal of restricted hazardous
wastes while meeting the intent of Congress to prohibit long-term
storage as a means of avoiding the land disposal restrictions.
The burden is on the Agency to demonstrate that storage of
restricted waste for periods less than or equal to one year is
not in compliance with the storage provisions. The Agency also
recognizes that there may be instances where one year does not
provide sufficient time to accululate such quantities.
Therefore, the Agency will allow an owner/operator to store
restricted wastes beyond one year. Although, the owner/operator
is not required to submit any data or application to EPA, in
the event of an enforcement action, the burden of proving
compliance with §268.50(b) is on the owner/operator. The
Agency believes that this is reasonable because the record for
this rulemaking indicates that less than one year should be
sufficient. This provision does not apply to situations where
back-ups at treatment or recovery facilities, operational
difficulties, and repairs and maintenance result in additional
delays" (51 FR 40583).
9. Variances to Ban
What are the effective dates for solvents and dioxins under the land
disposal restrictions?
The land disposal restrictions become effective on November 8,
1986, for all F001-F005 solvent wastes, with the exception of
the following wastes which will receive a 2-year variance that
extends the effective date for the land disposal restrictions
to November 8, 1988:
(1) The generator of the solvent waste is a small quantity
generator of 100-1000 kilograms of hazardous waste per month;
or
(2) The solvent waste is generated from any response action
taken under sections 104 or 106 of CERCIA or any RCRA corrective
action, except where the waste is contaminated soil or debris
not subject to the provisions of this chapter until November 8,
1988; or
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(3) The solvent waste is a solvent-^water mixture, a
solvent-containing sludge, or a solvent-contaminated soil
(non-CERCLA or RCRA correction action) containing less than 1
percent total F001-F005 solvent constituents listed in Table
CCWE of §268.41. (51 FR 40579)
Furthermore, until November 8, 1988, contaminated soil or
debris resulting from a response action taken under section 104
or 106 of CERCLA or a corrective action required under RCRA may
continue to be land disposed (§268.1(c)(3)).
Finally, effective November 8, 1988, the dioxin-containing
wastes specificed in 40 CFR 261.31 as EPA Hazardous Waste Nos.
F020, F021, F022, FO23, FO26, F027, and F028, are prohibited
from land disposal (§268.31(a)).
10. Treatment Standards
How were the treatment standards established for the land ban rule?
The treatment standards set forth in the Constituent in
Concentration in Waste Extract (CCWE) Table of §268.41
[51 FR 40642] are technology-based standards. These standards
are based on the efficiencies that can be achieved using the
Best Demonstrated Available Technology (BDAT). As is explained
on pages 40588-40589, a technology may be "demonstrated" if it
is currently used to treat wastes within the group of wastes
judged to be similar. The following criteria must be met for a
technology to be "available": (1) the technology does not
present a greater total risk than land disposal; (2) if the
technology is a proprietary or patented process, it can be
purchased from the proprietor; (3) the technology provides
substantial treatment; and (4) treatment technologies prohibited
under §3004(n) because of air emissions will be excluded as
"available" technologies for the purposes of establishing
treatment standards. The Agency performed a statistical
analysis on the available treatment data to identify the
BDAT and determine the treatment standard.
11. Treated Wastes
Must restricted wastes which have been treated to meet treatment
standards promulgated under §268.41 still be managed as hazardous
wastes under RCRA?
The treatment standards set forth in Table CCWE of §268.41
[51 FR 406423 specify the maximum concentrations at which
restricted wastes may be land disposed. If listed hazardous wastes
are treated, they will remain hazardous wastes until or unless
they have been delisted according to §260.22. Characteristic
wastes that no longer exhibit the characteristic after treatment
do not need to be managed as hazardous wastes.
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12. Variance from a Treatment Standard
Can a facility obtain a variance from the treatment standard
[51 FR 40642, §268.41 and §268.42] for a particular waste stream
which cannot be treated to the level (or by a method) specified by
the treatment standard?
Wastes may be subject to a treatability variance in cases where
the treatment standard for a particular waste cannot be met
because the waste does not fit into one of the BDAT treatability
groups [51 FR 40605] used to set the treatment standard.
Facilities interested in obtaining a treatment variance must
submit a petition in accordance with procedures set forth in
40 CFR 260.20 [51 FR 40642, §268.44 as amended].
13. BDAT for Wastewater
Best Demonstrated Available Technology (BDAT) for solvent wastes
includes three waste treatability groups (spent solvent wastewaters,
wastewaters from the pharmaceutical industry and other solvent
wastes). How are wastewaters defined?
EPA has established a separate treatability group for spent
solvent wastewaters. Wastewaters are defined as solvent-water
mixtures containing total organic carbon (TOC) of one percent
or less [51 FR 40609].
14. Treatment Standards for Dioxins
Why are the treatment standards for tri-, tetra-, and pentachloro-
phenols different than the treatment standards set for dioxins and
dibenzofurans?
The Best Demonstrated Available Technology (BDAT) for dioxin -
containing wastes is incineration operating at 99.9999% destruction
or removal efficiency (six 9's DRE). Incineration at six 9's
DRE is expected to reduce the concentration of the dioxins of
concern to levels below established EPA detection limits [51 FR
1623]. One part per billion (ppb) is the routinely achievable
detection limit for each of the following specific chlorinated
dibenzo-p-dioxins (CDD) and chlorinated dibenzo-p-difurans
(CDF), hexachlorodibenzo-dioxins (HxCDD), hexachloro-dibenzofurans
(HxCDF), pentachloro-benzofurans (PeCDF), tetrachlorodibenzo-p-
dioxins (TCDD), and tetrachlorodibenzofurans (TCDF), using
method 8280 of SW-846 (40 CFR 261 Appendix X). However, EPA
detection limits for 2,4,5 - trichlorophenol, 2,4,6-trichlorophenol,
2,3,4,6-tetrachlorophenol, and pentachlorophenol are different.
The detection limits for these constituents are 50, 50, 100,
and 10 ppb respectively in the waste extracts using method
3510/8270 identified in the SW-846 [51 FR 40615].
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15. Dilution to Meet Treatment Standards
Can a generator dilute his restricted wastes to meet the treatment
standards of Table CCWE of §268.41?
No, as explained in §268.3 [51 FR 40639], "No generator,
transporter, handler, or owner or operator of a treatment,
storage, or disposal facility shall in any way dilute a restricted
waste or the residual from treatment of a restricted waste as a
substitute for adequate treatment to achieve compliance with
Subpart D of this part".
16. Dilution of F003 Wastes
May wastes designated as F003 in §261.31 be treated by dilution?
Yes, although §268.3 of the final rule (See 51 FR 40572)
specifically prohibits the dilution of a restricted waste as a
substitute for adequate treatment as specified in Subpart D of
Part 268, F003 wastes which are listed solely for ignitability
may be mixed with solid wastes and subsequently avoid regulation
under RCRA via the "Mixture Rule." This is accomplished pursuant
to 40 CFR 261.3(a)(2)(iii) which states that "a mixture of a
solid waste and a hazardous waste that is listed in Subpart D
soley because it exhibits one or more of the characteristics of
hazardous waste identified in Subpart C, unless the resultant
mixture no longer exhibits any characteristics of hazardous
waste identified in Subpart C" is a hazardous waste. Thus, if
an F003 waste which is listed solely for the characteristic of
ignitability is mixed with a solid waste such that it no longer
exhibits any characteristic of a hazardous waste, it is no
longer regulated by RCRA and is, therefore, not subject to the
land disposal restrictions.
It should be noted, however, that under § 261.31 a waste may be
listed as F003 because it is toxic as well as ignitable.
Dilution will not render such wastes non-hazardous.
17. Treatment Capacity
In an effort to supply greater treatment capacity for restricted
wastes, how may an owner/operator incorporate new waste streams into
his existing permitted treatment operation?
To increase the availability of treatment facilities for
restricted wastes, the Agency has added a provision to the
permitting standards, §270.42 [51 FR 40653], which allows for
the addition of new waste streams to an existing permitted
facility as a minor permit modification. The conditions under
which a permittee may incorporate such a minor modification are
(1) the hazardous waste must have been prohibited from land
disposal under Subpart C of Part 268, (2) the treatment is in
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accordance with the standards established under §268.41, or a
variance pursuant to §268.44, (3) handling and treatment of the
restricted waste will not present risks substantially different
from those of wastes listed in the permit and (4) the minor
permit modification is Federally or State approved and the
changes will not require modification of treatment processes or
physical equipment.
Source: Jacqueline Sales (202) 382-4770
Research: Dave Phillips
Kris Andersen
B. CERCLA
1. Post Closure Liability Trust Fund
Has the Post-Closure Liability Trust Fund been repealed?
What will be done with the money that has accumulated in that Fund?
Under the Superfund Amendments and Reauthorization Act
(SARA) Section 514 the Post-Closure Liability Trust Fund
(PCLTF) and Tax has been repealed, effective October 1, 1983.
The balance in the PCLTF at the end of September 1986 is $19.6
million. Individuals who paid this tax may file claims for
refunds with the Internal Revunue Service. Claims should be
filed before October 17, 1987.
Source: Mike Nbrthridge (202) 382-4790
Research: Caroline Danek
2. Technical Assistance Grants
For what purposes are Technical Assistance Grants awarded?
How does a community secure a grant?
Section 117(e) of the SARA provides authority to issue technical
assistance grants of up to $50,000 to "...any group of individuals
which may be affected by a release or a threatened release at
any facility which is listed on the NPL..." The purpose of
these grants is to "...obtain technical assistance in interpreting
information with regard to the nature of the hazard, remedial
investigation and feasibility study, record of decision, remeidal
design, selection and construction of remedial action, operation
and maintenance, or removal action at such facility."
Presently, EPA is developing regulations. Interim final
regulations are expected out in Spring 1987.
Source: Daphne Gentnill (202) 382-2460
Research: Chris Bryant
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3. Bnergency Notification under Title III
The Superfund Amendments and Reauthorization Act of 1986 (SARA)
contains a new section, Title III, relating to emergency planning
and conrnunity right-to-know. Title III establishes a number of
reporting requirements for facilities which may have hazardous
materials on site. EPA published an interim final rule on November 17,
1986 (51 FR 41570) codifying reporting and notification requirements,
under Sections 302 and 304 of SARA for facilities at which extremely
hazardous substances are present. A question was posed by a university
which has three distinct areas of operation:
(A) A chemical storage area for a university chemistry laboratory
which is supervised by a qualified individual.
(B) A physical plant department where pesticides for pest
control in buildings are stored.
(C) A pesticide storage area on an agricultural research station
growing experimental strains of crops.
Are any of these areas subject to emergency planning notification
requirements under Section 300.93 of Title 40 of the Code of
Federal Regulations?
All of these areas are subject to the emergency planning
notification requirements if an extremely hazardous substance
in excess of the threshold planning quantity is present. The
exemptions in the definition of hazardous chemical, under
§300.92, apply only to emergency release notification.
Are any of these areas subject to the emergency release notification
requirements of Section 300.94 of Title 40 of the Code of Federal
Regulations?
The release notification requirements apply to any facility
which 1) produces, uses, or stores a "hazardous chemical" and
2) has a reportable release of a CERCLA hazardous substance or
an extremely hazardous substance that leaves the site. The
first limitation will eliminate few facilities from release
notification since most facilities (defined as all contiguous
property under ccumon ownership or control) will handle at
least one hazardous chemical.
(A) Although the definition of hazardous chemical under
40 CFR 300.92 excludes any substance used in a research
laboratory, the facility (which may be the entire university)
will probably have other hazardous chemicals stored or used on-
site. Thus, the laboratory is subject to emergency release
notification unless there are no hazardous chemicals, produced,
used or stored on the entire property of which the physical
storage area is part.
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(B) The definition of hazardous chemical under 40 CFR 300.92
excludes any substance used for personal or domestic purposes,
or is present in the same form and concentration as a product
packaged for distribution and use by the general public. The
pesticide storage area of the physical plant is also probably
part of a larger facility, making it subject to the emergency
release notification requirements unless there are no hazardous
chemicals produced, used or stored on the entire property of
which the physical storage area is part. Additionally, the
pesticides would have to be the same form and concentration as
products packaged for, distributed and used by the general
public.
(C) The definition of hazardous chemical under 40 CFR 300.92
excludes any substance used in routine agricultural operations.
The agricultural research station is a routine agricultural
operation and is not contingous with the main university
property. Accordingly, if there are no hazardous chemicals on
the property, this facility is not subject to the emergency
release notification requirements.
Source: Kathy Brody (202) 475-8353
Research: Randy Eicher
4. NEAR
What is an NEAR under CERCLA?
NEAR stands for Non-Binding Preliminary Allocation of Responsibility.
Under Section 122(e)(3) of CERCLA, the President must develop
guidelines for NBARs which allocate the total cost of a response
under CERCLA among various potentially responsible parties.
Section 122(e) (3) of CERCLA authorizes the President within
his discretion, to provide an NEAR once the remedial investigation
and feasibility study are completed if the President determines
that the NEAR would expedite settlements and remedial action.
The NEAR is not admissable as evidence in any proceeding and
is not subject to court review. The NEAR does not constitute
an apportionment or other statement on the divisibility of harm
or causation (Section 122(c)(3)(C)).
Source: John Cross (202) 382-4826
Research: Joe Nixon
5. Covenant Not to Sue
When can a "covenant not to sue" be issued?
Under Section 122 of CERCLA, the President may, in his discretion,
provide a "covenant not to sue" for damages from releases or
threatened releases of hazardous substances addressed by a
remedial action, whether that action is on-site or off-site if
each of the following conditions is met:
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A) The covenant not to sue is in the public interest.
B) The covenant not to sue would expedite response action
consistent with the National Contingency Plan under
section 105 of CERCIA.
C) The person is in full compliance with a consent
decree under section 106 (including a consent decree
entered into in accordance with section 122 of CERCIA)
for response to the release or threatened release
concerned.
D) The response action has been approved by the President.
A covenant not to sue may also address future liability. Such a
covenant shall not take effect until the President certifies that
remedial action has been completed in accordance with CERCLA at
the facility subject to such covenant. Except for extraordinary
circumstances, a covenant not to sue concerning future liability
shall include an exception that allows the President to sue the
potentially responsible party for damages arising out of conditions
which were unknown at the time the remedial action was certified
as completed.
'The President is required to provide a covenant not to sue
concerning future liability under Section 122(f)(2) of CERCIA
- where a proposed on-site remedial action meeting the
National Contingency Plan is not selected and the
hazardous substances are transported to an off-site
facility meeting all applicable RCRA standards; or
- where a remedial action involves treatment of the
hazardous substances such that they no longer pose a
current or future hazard to public health, welfare or
the environment.
Source: John Cross (202) 382-4826
Research: Joe Nixon
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III. ANALYSES OF QUESTIONS
Manuf acturers 40 . 0%
Generators 40 . 0&
Transporters 2.2%
TSDF's 10.0%
EPA HQ's 3.2%
EPA Regions 3.2%
Federal Agencies 2.5%
Local Agencies 2.0%
Breakdown of calls by EPA Regions:
1 5.0% 3 22.5%
2 10.3% 4 13.1%
International
RCRA
General Information 28
3010 Notification 79
260.10 Definitions 39
260.22 Petitions/Delisting 26
261.2 Solid Waste
Definition 91
261.3 Hazardous Waste
Definition 185
261-C Characteristic HW 230
261-D Listed HW 270
261.4 Exclusions 66
261.5 Small Quantity
Generators 93
261.6 Recycling Standards 70
266-C Use Constituting Disposal 14
266-D HW Burned for
Energy Recovery 74
266-E Used Oil Burned for
Energy Recovery 59
266-F Precious Metal Reclamation 16
266-G Spent Lead-Acid Battery
Reclamation 16
261.7 Container Residues 23
262 Generator (Gen'l) 38
100-1000 kg/no, generator 57
Manifest Info 50
Pre-transport 9
Accumulation 78
Recordkeeping & Reporting 17
International Shipments 5
263 Transporter 42
264/265 TSDF
A-Scope/Applicability 43
B-General Facility Stdrds. 19
State Agencies 6.4%
Consultants 24 . 0%
Press 0 . 4%
Trade Associations 1.0%
Citizens 3.2%
UST 0/0 4.3%
Used Oil Handlers 2.6%
Others 4.0%
5 17.3% 7 5.4%
6 8.3% 8 5.4%
C-Preparedness/Prevention
D-Contingency Plans
E-Mani f est/Recordkeeping/
Reporting
F-Ground-Water Monitoring
G-Closure/Post-Closure
H-Financial Requirements
I-Containers
J-Tanks
K-Surface Impoundments
L-tfaste Piles
M-Land Treatment
N-Landfills
O-Incinerators
P-Thermal Treatment
Q-Chem . , Phys . , Bio . Treatment
R-Underground Injection
X-Miscellaneous
Part 268-Land Disposal
Restrictions
Part 269-Air Emissions
270 B - Permit Application
D - Changes to Permit
F - Special Permits
G - Interim Status
271 State Programs
124 Administrative Procedures
Liability/Enforcement
Corrective Action
HSWA General
Waste Minimization
Dioxins
Subtitle D
Referrals
SUBTOTAL (RCRA)
Document Requests
9 12.0%
10 2.5%
9
13
6
76
30
26
22
78
21
6
4
32
18
4
5
1
12
210
1
27
7
2
21
31
6
18
28
13
40
14
65
253
2836
1772
-14-
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CERCLA AND UST
CERdA (as amended by SARA)
General/Overview 57
Access & Information
Gathering
Allocations from Fund/
Fund Balancing
11
CEPP/"Right to Know
100
CERCLA Reauthorization
18
CERCLIS/§103(c) Notification 30
Citizen Suits 3
Clean-Up Standards (ARARs) 20
Contractor Indemnification 3
Exposure Assessment/Public
Health Evaluation 11
Federal Facilities
Hazardous Substances/RQ 140
Liabi li ty/Enforcement 23
Mandatory Schedules 3_
NCP 22
NPL
Natural Resource Damages
Off-Site Policy
On-Site Policy
66
10
Pollution Liability Insurance_
RD&D/Training
RI/FS - RODs
Radon
Remedial_
Removal_
Taxes
Settlements
SUBTOTAL (CERCLA)
UST Program
Definitions:
UST
regulated substance_
other
Notification
Interim Prohibition
Tank Standards:
leak detection_
inventory
other
Corrective Action_
Liability
Other Provisions_
SUBTOTAL (UST)
13
18
10
10
606
30
16
44
45
76
8
26
10
275
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RCRA/Superfund Hotline
National Toll Free #800-424-9346
Washington, D.C. Metro #202-382-3000
IV. PUBLICATIONS
RCRA
"Construction Quality Assurance Guidance Manual" (EPA/530-SW-86-031) is
available by calling EPA's Office of Research and Development (ORD) in
Cincinnati, OH at (513) 569-7562 or (FTS) 684-7562.
"Protocol for Groundwater Evaluation" (9080.0-1) The Hotline will take
requests.
"Guidelines for Groundwater Classification under the EPA Ground-Water
Protection Strategy" is available from the Office of Ground-Water Protection
by sending a name and address to the Office of Ground-Water Protection,
U.S. Environmental Protection Agency, 401 M Street, S.W. (WH-550G)
Washington, D.C. 20460.
"RCRA Facility Investigation Guidance" is available by calling George
Dixon at (202) 382-4494.
"Corrective Action Plan" is available by calling Mark Gilbertson at
(202) 382-4849.
"Report on Characterization of Municipal Solid Waste in the United States
1960-2000" is available through the Hotline.
"Subtitle D Regulations on Landfills, Surface Impoundments, Land Treatment
and Waste Piles" Volumes 1-4 are available through the Hotline.
"Design, Construction and Evaluation of Clay Liners for Waste Management
Facilities" (PB-86-184-496 AS) is available from NTIS.
CERCLA
"Guidance Document for Cleanup of Surface Bnpoundment Sites" (9380.0-6)
is available by calling EPA's Office of Research and Development (ORD) in
Cincinnati, OH at (513) 569-7562 or (FTS) 684-7562.
"Guidance Document for Cleanup of Surface Tank and Drum Sites" (9380.0-3)
is available by calling EPA's Office of Research and Development (ORD)
in Cincinnati, OH at (513) 569-7562 or (FTS) 684-7562.
"Systems to Accelerate In-Situ Stablization of Waste Deposits"
(EPA/540/2-86/002) is available by calling EPA's Office of Research and
Development (ORD) in Cincinnati, OH at (513) 569-7562 or (FTS) 684-7562.
"Mobile Treatment Technologies for Superfund Waste" (EPA/540/2-86/003F)
is available by calling EPA's Office of Research and Development (ORD)
in Cincinnati, OH at (513) 569-7562 or (FTS) 684-7562.
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RCRA/Superfund Hotline
National Toll Free #800-424-9346
Washington, D.C. Metro #202-382-3000
"Superfund Strategy" (052-003-0099-3) is available from the Government
Printing Office (GPO).
"Preparation of Decision Documents for Approving Fund-Financed and
Potentially Responsible Party Remedial Actions Under CERCLA" is available
from the Superfund Docket. The Hotline will take requests.
"Draft Guidance on the Use of Alternative Dispute Resolution Techniques
in Enforcement Cases" is available by calling Linda Thompson at (202)
382-8777.
"Hazardous Materials Qnergency Planning Guide" is available from the
Federal Emergency Management Agency. The Chemical Emergency Preparedness
Program (CEPP) hotline will take requests at (800) 535-0202 or (202)
479-2449.
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National Toll Free #800-424-9346
Washington, D.C. Metro #202-382-3000
V. FEDERAL REGISTER NOTICES FOR DECEMBER
Former Notices with Open Garment Period during December, 1986
October 9, 1980: 51 FR 36342
(proposed 100-1000 kg./no.
generator tank standards)
November 17, 1986: 51 FR 41570
(interim final rule on
emergency planning and right-
to-know programs)
November 17, 1986: 51 FR 41593
(proposed rule on emergeny
planning and community right-
to-know programs)
November 18, 1986: 51 FR 41646
(Subtitle D Study Phase I
Report and request for
comments)
Proposal to subject 100 to 1000 kg./mo.
generators of hazardous waste, Who
accumulate hazardous waste in tank
systems prior to off-site shipment, to
new tank system standards. These
proposed regulations would require the
100-1000 kg./mo. generators to perform
periodic leak detection tests and
provide secondary containment for all
new, appropriate existing, and leaking
tank systems. EPA will accept comments
on this proposal until January 7,
1987.
Interim final rule publishing the
statutory prescribed list of extremely
hazardous substances and the corresponding
threshold planning quanitities for those
planning quantities for those substances.
The rule also codifies the reporting
and notification requirements under
SARA for facilities at which extremely
hazardous substances are present. The
effective date is November 17, 1986.
Comments will be accepted until January 2,
1987.
Proposal to initiate a rulemaking to
revise the list of extremely hazardous
substances, the threshold planning
quantities and reporting regulations.
Comments will be accepted until January 2,
1987.
Notice of availability of the Subtitle D
Study Phase I Report. The report
summarizes data gathered in EPA's
Subtitle D being completed in response
to the Ffezardous and Solid Waste
Amendments of 1984. The report includes
information on characteristics and
management practices of nonhazardous
(Subtitle D) wastes, characteristics
of Subtitle D land disposal facilities,
and State Subtitle D regulatory programs.
Comments will be accepted until January 2,
1987. Comments postmarked after the
close of the comment period will be
stamped "LATE".
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RCRA/Superfund Hotline
National Toll Free #000-424-9346
Washington, D.C. Metro #202-382-3000
Deceniber Federal Register Notices
December 2, 1986: 51 FR 43350
(reinterpretation of F006
listing)
December 2, 1986: 51 FR 46465
("Design, Construction, and
Evaluation of Clay Liners for
Waste Management Facilities")
Re-evaluates previous interpretation
of F006 to exclude the following
processes from the listing: chemical
conversion coating, electroless plating,
and printed circuit board manufacturing.
The F006 listing is therefore, inclusive
of wastewater treatment sludges from
the following processes: (1) common
and precious metals electroplating
except tin, zinc (segregated basis)
aluminum, and zinc-aluminum plating on
carbon steel; (2) anodizing, except
sulfuric acid anodizing of aluminum;
(3) chemical etching and milling,
except when performed on aluminum; and
(4) cleaning and stripping, except
vtfien associated with tin, zinc, and
aluminum plating on carbon steel. The
Agency plans to re-evaluate the F006
listing in the future. The Agency may
then incorporate into the scope of the
F006 listing those processes which
were stated as not part of F006 (i.e.,
chemical conversion coating, etc.).
Announces the availability of a 600
page draft Technical Resource Document
entitled, "Design, Construction, and
Evaluation of Clay Liners for Waste
Management Facilities" (EPA/530-SW-86-007)
for public review and comment. This
document is a compilation of information
on the design, construction, and
evaluation of clay liners for waste
landfills, surface inpoundments, and
wastepiles. The information was
obtained from the literature and from
in-depth interviews with design and
construction engineers and other
knowledgeable individuals. It is
available from NTIS. The order number
is PB-86-184496/AS and the cost is
$40.95 ($5.95 for microfiche).
Comments must be received or postmarked
by February 15, 1987.
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December 2, 1986: 51 FR 46466
(Hazmat Planning GuideT
December 3, 1986: 51 FR 43664
("Guidelines for Ground-Water
Protection Strategy")
December 3, 1986: 51 FR 43712
(final denial of Valley Watch
petition)
RCRA/Superfund Hotline
National Toll Free #800-424-9346
Washington, D.C. Metro #202-382-3000
The National Response Team (NRT)
announces the availability of the
proposed "Hazardous Materials Emergency
Planning Guide" (Hazmat Planning
Guide) being published under NRT
planning and coordination authorities
(40 CFR 300.32) and pursuant to
requirements of Title III section
303(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
Title III of SARA, also known as the
Emergency Planning and Community
Right-to-Khow Act of 1986, requires
the NRT to publish guidance documents
for the preparation and implementation
of emergency plans. The guide is
intended to be of value to communities
planning for general hazardous materials
incidents as well as those planning
for extremely hazardous substances as
defined in Title III. Comments will
be accepted until January 15, 1987.
Announces the availability for public
review and comment of draft "Guidelines
for Ground-Water Protection Strategy".
The document further defines the classes,
concepts, and key terms related to the
ground-water classification system
outlined in the Ground-Water Protection
Strategy (August, 1984) and describes
the procedures and information needs
for classifying ground water. Single
copies of the 400 page document or the
shorter executive summary are available
through the Office of Ground-Water
Protection at EPA HQ or from Regional
Libraries. Comments will be accepted
until February 8, 1987.
Announces final decision to deny the
petition submitted by Valley Watch,
Inc. which requested that EPA control
under Subtitle C of the Resource
Conservation and Recovery Act (RCRA)
the PCS separation facility in Henderson,
KY and, if possible, halt construction
and operation of the facility. The
Henderson facility is not presently
managing a RCRA hazardous waste; thus,
none of the hazardous waste regulations
apply. To a large degree, the petition
requests actions which EPA is without
jurisdiction to grant, since Kentucky
is authorized to carry out the hazardous
waste program in lieu of the Federal program.
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December 9, 1986: 51 FR 44418
(proposed rule to amend Part B
information requirements)
December 11, 1985: 51 FR 44683
(waste minimization report)
December 11, 1986: 51 FR 44712
(correction to Dec. 2, 1986
FR concerning the clay liner
TRD)
RCPA/Superfund Hotline
National loll Free #300-424-9346
Washington, D.C. Metro #202-332-3000
Proposal to amend the regulations
regarding information requirements for
Part B permit applications under RCRA.
Currently owners/operators of treatment,
storage or disposal facilities are
required to submit feasibility studies
and plans for corrective action program
in the Part B permit application when
hazardous constituents in the ground-
water exceed specified limits. The
proposed amendment would allow the
owner/operator, at the Regional
Administrator's discretion, to conduct
these activities after issuance of the
permit. Ccmnents will be accepted
until February 9, 1987.
Announces the availability of a report
to Congress on the minimization of
hazardous waste that was mandated by
section 8002(r) of RCRA as amended by
HSWA.. The report addresses the
desirability and feasibility of: (1)
establishing standards of performance
or of taking other additional actions
under RCRA to require generators of
hazardous waste to reduce the volume
or quantity and toxicity of the
hazardous waste they generate; and (2)
establishing, with respect to hazardous
waste, required management practices
or other requirements to ensure these
wastes are managed in ways that minimize
present and future threats. Copies of
the executive summary of the report
can be ordered from the RCRA/Superfund
Hotline. The actual report is available
from NTIS in two volumes: Volume I
PB-87-114-336, $16.95, and Volume II
PB-87-114-344, $22.95.
Correction to the December 2, 1986
Federal Register on the clay liner
technical resource document. Corrects
51 FR 43467, in the first column, in
the 18th line to read "70274" instead
of "7227'4".
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December 11, 1986: 51 FR 44714
(proposal to codify "California
List")
December 17, 1886: 51 FR 45170
(extension of comment period
on oil/gas/geothermal energy
report)
V
December 18, 1986: 51 FR 45320
(final authorization for Texas
program revisions)
December 19, 1986: 51 FR 45485
(extension of comment period
on proposed denial of
delisting petitions)
National Toll Free #800-424-9346
Washington, D.C. Metro #202-382-3000
Proposal to codify the statutory
land disposal prohibition levels for a
list of hazardous constituents known
as the "California List" wastes. This
action is being taken in response to
the requirements of RCRA, as amended
by HSWA. After July 8, 1987, Section
3004(a) of RCRA prohibits the land
disposal of hazardous wastes containing
constituents on the California list in
concentrations at or above specified
levels. This notice proposes to
codify the statutory concentration
levels for all California waste categories
and requests comment on an alternative
approach that would lower the restriction
levels for all of the "California List"
metals. Comments will be accepted
until January 28, 1987. A public
hearing is scheduled for January 14,
1987, 9:00 a.m. to 4:30 p.m.
Proposal to extend the contnent period
until January 15, 1987 for the report
entitled "Technical Report, Wastes
from the Exploration, Development and
Production of Crude Oil, Natural Gas
and Geothermal Energy, an Interim
Report on Methodology for Data Collection
and Analysis".
Grants final authorization to Texas for
revisions to its hazardous waste program
under RCRA. The Texas application has
been reviewed, and subject to public
review and comment, final authorization
has been granted. The effective date
is February 17, 1987 and Garments will
be accepted until January 20, 1987.
Announces the extension of the public
contnent period for the previously
published notice of data availability
and request for comments on EPA's
proposed denial of delisting petitions
submitted by Rock Island Refinery
Corp. and Sun Oil Co. which were published
in 51 FR 37767, October 24, 1986.
This extension responds to requests
received on October 30 and 31, 1986
from the petitioners referenced in
that notice. Conments will be accepted
until January 20, 1987.
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December 19, 1986: 51 FR 45547
(public meetings on Title III
provisions of SARA)
December 19, 1986: 51 FR 45654
(amendments to OSHA standards
for employee protection)
December 19, 1986: 51 FR 45767
(correction to final RQ rule)
December 22, 1986: 51 FR 45783
(extension of comment period
on Subpart X standards)
December 24, 1986: 51 FR 46668
(correction to a final
delisting denial)
tiotiine
Toll Free #800-424-9346
Washington, D.C. Metro #202-382-3000
Announces two public meetings to discuss
the major provisions, draft reporting
form, and guidance under section 313
of Title III of the Superfund Amendments
and Reauthorization Act of 1986. The
meetings will be held on January 8,
1987 and on January 9, 1987, from 8:30
a.m. to 4:00 p.m. in EPA's North
Conference Center, Room 3, 401 M
Street, S.W., Washington, D.C. 20460.
Interim final rule that amends the
OSHA standards for harzardous materials
by adding a new §1910.120 containing
employee protection requirements for
workers engaged in hazardous waste
operations including emergency response
to hazardous substance incidents.
Corrects the amendatory language revising
the list of hazardous substances and
reportable quantities as set forth in
the final rule adjusting 102 reportable
quantities under section 102 of CERCLA.
The effective date is December 29, 1986.
Announces a 30 day extension to the
cement period for the proposed rule
published on November 7, 1986 (51 FR
40726). This rule dealt with the
proposed standards under Subpart X of
Part 264 that are applicable to
owners/operators of new and existing
hazardous waste management units not
covered under existing regulations.
Comments will now be accepted until
January 21, 1987.
Corrects an error in one paragraph
presented in a final rule on November 13,
1986 which denied delisting petitions
filed by five petitioners addressed in
that rule, Lacks Industries was
erroneously identified as having been
granted a temporary exclusion. The
notice should have correctly identified
the Light Metals Coloring Co, Inc., as
one of the three facilities that
had previously been granted a temporary
exclusion for their petitioned waste.
-23-
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December 24, 1986: 51 FR 46672
(effective date delayed for
compliance with DOT hazardous
substances rule)
December 24, 1986: 51 FR 46824
(proposed containerized liquids
in landfills rule)
December 29, 1986: 51 FR 46984
(correction to December 17,
1986 FR)
RCRA/Superfund Hotline
National Toll Free #800-424-9345
Washington, D.C. Metro #202-382-3000
Final rule that changes the effective
date of the final rule issued on the
November 21, 1986 (51 FR 42174). This
rule incorporated into the DOT Hazardous
Materials Regulations, as hazardous
materials, all hazardous substances
designated under CERCIA. The hazardous
substances and their reportable quantities
were listed in an Appendix to
49 CFR 172.101. The effective date
was January 1, 1987 but it is now
July 1, 1987.
Proposal to prohibit the disposal of
containers holding liquid hazardous
waste and free liquids in hazardous
waste landfills, while continuing to
exempt certain containers that are
specifically designed to hold small
quantities of liquid hazarous wastes.
This rule would require that if
hazardous liquids or free liquids in
containers are solidified by an
absorbent material, the absorbent must
not be bio-degradable and the
absorbent/waste mixture must not
release liquids when compressed under
pressures experienced in landfills. A
test protocol is also proposed which
would determine whether a waste
containing hazardous liquids or free
liquids when solidified, would release
the free liquids under pressure.
Comments will be accepted until
February 23, 1987.
Corrects page 45172 of the December 17,
1986 Federal Register. In the first
column, in the second line, "dicortophos"
should read "dicrotophos".
-24-
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Martha Anderson, DORM
Carolyn Barley, WH-563
Frank Buos, WH-527
George Bonina, WH-563
Susan Bronm, WH-563
Karen Brown, PM-220
John Bosky, EPA - Kansas City, KS
Diane Buxbaum, Region II
Richard Clarizio, Region V
Kathy Collier, Research Triangle Park, N.C.
Peter Cook, WH-527
Alan Cor son, WH-565
Elizabeth Cotsworth, WH-563
Hans Crump, WH-548B
Truett DeGeare, WH-563
Jeff Denit, WH-562
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
Lloyd Guerci WH-527
Matt Hale, WH-563
Deborah Hartman, WH-527
Bill Hanson, WH-548E
Betti Harris, EPA-Region VII
Steve Heare WH-527
Lee Herwig, A-104
Hotline Staff
Warren Hull, A-104
Phil Jalbert, WH-548D
Alvin K. Joe, Jr., Geo/Resource
Gary Jonesi, WH-562B
Sylvia Lowrance, WH-562
Henry Longest, WH-556
Helga Butler (WH-562A)
Ginny Steiner SH-527
Jim Jowett, WH-548B
Thad Juszczak, WH-562A
Robert Knox, WH-562
Jack Kooyoomjian, WH-548B
Mike Kosakowski, WH-527
Walter Kovalick, WH548
Tapio Kuusinen, PM-223
Robert Landers, EMSL/LV
Steve Leifer, LE-1345
Steve Levy, WH-563
Henry Longest, WH-548
Gene Lucero, WH-527
James Makris, WH-548A
Jack McGraw, WH-562A
Thea McManus, WH-562
Scott McPhilamy, Reg. Ill
Tony Montrone, WH-527
Sue Moreland (ASTSWMO)
Sam Napolitano, PM-220
Christina Parker, WH-562
J. Winston Porter, WH-562A
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 Sommer, N.C.
Bruce Weddle, WH-563
Steve Wilhelm, Region VII
Marcia Williams, WH-562
Eric Males A-101F (FC)
Matt Hale WH-563
Devorah Zeitlin, 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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