UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 530R87108 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE SUBJECT: Final Monthly Report - RCRA/Superf und Industry Assistance Hotline Report for August 1987 FROM: Thea McManus Office of Solid aste(WH-562) Hubert Watters Office of Emergency and Remedial Response (WH-548B) TO: See list of addressees This report is prepared and submitted for EPA contract No. 68-01-7371. I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES A. RCRA Program 1. Changes at Interim Status Tank Facilities According to 40 CFR 270.72, an owner/operator who wishes to make changes in an interim status facility must submit a revised Part A permit application and a justification for the change to the Regional Administrator (or State Director). The revised Part A application is required for management of new hazardous waste at the facility, increases in design capacity, changes in the facility's process for treatment, storage or disposal, and changes in ownership or operational control at th« facility. interim status tank storage facility plans to its tanks to meet the new secondary containment stani§4« of Section 265.193 (see 51 PR 25422). Does a p g r ftif 1 a g a tank to meet secondary containment requirements constitute a "change during interim status" under Section 270.72? RECEIVED NDV121987 ENVIRONMENTAL PROTECTION AGENCY LIBRARY, REGION V ------- ------- Yes. Upgrading a tank to meet the hazardous waste tank secondary containment requirements does constitute a change subject to Section 270.72. According to Section 270.72(c), an owner/operator who 'wishes to make a change at an interim status facility must submit the revised Part A application and the justification for the change prior to making the change. In general, Section 270.72(e) does not allow a change under interim status where costs exceed fifty percent (50%) of the capital cost of construction of a comparable new facility. Nevertheless, Section 270.72(e) contains an exception to this prohibition for tanks that must be retrofitted to comply with Section 265.193 (see 51 FR 25486). Therefore, the cost of retrofitting a tank to comply with Section 265.193 would be allowed to exceed fifty percent (50%) of the cost of constructing a new tank facility. Retrofitting to meet the secondary containment standards of Part 265 Subpart J is still considered to be a change requiring submittal of a revised Part A application and justification. Source: Carrie Wehling (202) 382-7706 Research: Jennifer B. Planert 2. Tank Integrity Assessments 40 CFR 264.191 of the hazardous waste tank regulations was promulgated in the July 14, 1986 Federal Register. It requires owner/operators of existing tank systems without secondary containment to conduct an integrity assessment by January 12, 1988, to determine that the tank system is not leaking or unfit for use. Is an integrity assessment necessary for a hazardous waste tank system where the tank has secondary containment but the above-ground piping does not? Does the interpretation change if the tank is above-ground, in-gr«mnd or underground? Vo. An integrity assessment is not required for hazardous waste tanks that have secondary containment even when the above-ground piping does not. 40 CFR 264.191 states that existing tank systems that do not have secondary containment and meet 40 CFR 264.193 requirements must perform an integrity assessment. A "tank system" includes both the tank and its ancillary equipment (e.g., attached piping). -2- ------- Since the tank has secondary containment (provided it is in compliance with Section 264.193) and 40 CFR 264.193(f) excludes above-ground piping (exclusive of flanges, joints, valves and other connections) that is visually inspected for leaks on a daily basis from secondary containment requirements, the "tank system" has secondary containment meeting the requirements of Section 264.193. Therefore, it is not subject to the initial integrity assessment requirement. The above-ground, in-ground or underground classification of the tank would not influence the requirement. Source: Chet Oszman (202) 382-4499 Research: Kate Anderson 3. 100-1000 kg/mo Generators 40 CFR Part 262 states that a 100-1000 kg/mo generator has 180 days to store hazardous waste without a permit or interim status. If the waste is shipped more than 200 miles, the generator is allowed to store waste on-site for up to 270 days. Is it permissible for a 100-1000 kg/mo generator to ship waste to a TSD facility more than 200 miles away, even though the generator could send the shipment to a facility less than 200 miles away? 40 CFR Part 262 contains no regulations addressing when a generator is permitted to ship waste in excess of 200 miles, and thus receive an extra 90 days storage time. 40 CFR 262.40 states that a generator can store hazardous waste for 270 days, "if he must transport his waste or offer his waste for transportation over a distance of 200 miles or more." The preamble notes that "the Agency has decided not to establish specific criteria for determining if a generator may accumulate waste on- site for 180 or 270 days. EPA believes that such criteria would not serve any useful purpose... ." "In addition, the Agency was concerned that establishing criteria for demonstrating that the closest facility was greater than 200 miles from the generation site would be unnecessarily confusing and could have the perverse effect of causing waste to go to less desirable management practices (e.g., where a disposal facility is located within 200 miles while a recycling facility is located over 200 miles from the generator, the -3- ------- generator could be forced to utilize the less desirable disposal facility)." Id. Therefore, it would be permissible for a generator to send hazardous waste to a facility greater than 200 miles, away even though there is a TSD facility closer than 200 miles away. Source: Mike Petruska (202) 382-7936 Research: Mark Janaskie 4. DOT Manifest Requirements When filling out a hazardous waste manifest, must the generator include the EPA hazardous waste identification number and hazardous substance reportable quantity under the Department of Transportation (DOT) shipping description? In the November 21, 1986 Federal Register (51 FR 42175), DOT's Research and Special Programs Administration (RSPA) issued final hazardous materials regulations which incorporated CERCLA hazardous substances as DOT hazardous materials. In a later Federal Register dated February 17, 1987 (52 FR 4824), the RSPA published corrections to the November 21, 1986 regulations. Together, these regulations amended 49 CFR Parts 171 and 172 by placing additional information requirements on shippers of hazardous waste (i.e., generators). Section 172.02 of the new DOT regulations requires the shipper (hazardous waste generator) to identify EPA waste streams by the EPA identification number and for wastes which exhibit an EPA characteristic of ignitability, corrosivity, reactivity or EP toxicity, by the letters "EPA" and the word "ignitability" or "corrosivity" or "reactivity" or "EP toxicity", as appropriate. Section 172.203 and Section 172.324 of these regulations require the notation "RQ" on the shipping papers in association with the proper shipping description when a package (i.e., container) contains a reportable quantity or •ore of hazardous waste. However, the new DOT regulations do not require the "numerical reportable quantity" to be on the manifest (see Ibrember 21, 1986 Federal Register (51 FR 42175)). Source: Paul Muahovic (202) 475-7736 Research: Joe Nixon -4- ------- 5. Exporting Hazardous Waste Are -lead-acid batteries sent to Canada for recycling subject to RCRA Section 3017 requirements? No. Lead-acid batteries sent to Canada for recycling are not subject to the export requirements of 40 CFR 262.53, which codifies Section 3017. The regulations parallel the statute, which requires that any person exporting hazardous waste shall: provide notification to the Administrator; obtain consent from the receiving country; attach a copy of that consent to the manifest; and ensure that the shipment and terms of the written consent are in agreement. The Cooperative Agreement between the governments of Canada and the United States parallels the same points outlined above. As explained at 51 FJ? 28669, the definition of "exporter" excludes wastes not subject to regulation through the manifest system. Because 40 CFR 261.6(a)(2) and (3) exclude lead-acid batteries that are being reclaimed or regenerated from all substantive regulation until the batteries are "cracked" or broken open, a person exporting uncracked lead-acid batteries for reclamation or regeneration is not an exporter subject to Section 3017. Source: Paul Mushovic (202) • 475-7736 Research: Laurie Huber 6. Corrective Action for Closed Underground Storage Tanks While excavating and closing his gasoline underground storage tank, an owner/operator discovers that the tank has corroded and gasoline has leaked into the surrounding soil. Will the owner/operator be subject to corrective action for the release once the proposed regulations for the underground storage tanks (USTs) becoae effective? [Note: The tank will no longer be In the ground on that date.] The proposed regulations for underground storage tanks (USTs), which appeared in the April 17, 1987 Federal Register (52 FR 12662), do not directly address the applicability of the corrective action regulations to tanks which are no longer underground on the effective date of the regulations. However, the issue will be clarified in the final regulation. The proposed UST closure regulations do require a retroactive site assessment and notification of the implementing agency for tanks that have been improperly closed -5- ------- prior to the effective date of the regulations (proposed in Section 280.80(d)). Improper closure may lead to corrective action per proposed Section 280."80(e) if a release is discovered. Currently, a proper closure includes emptying the UST and either removing it from the ground or filling it with an inert solid material. If an UST has been properly closed, however, the proposed closure regulations do not require site assessment and corrective action for that tank. However, the release from the removed tank could still be subject to corrective action under State law. In addition, EPA could use authority granted under RCRA Section 9003(h)(4) to require corrective action at the site. Section 9003(h)(4) authorizes the Administrator to require the owner/operator of an underground storage tank to take corrective action for a release of petroleum. Under Section 9003(h)(4), EPA and States with cooperative agreements can issue clean-up orders to owner/operators who will take corrective action properly and promptly. If necessary to protect human health and the environment, EPA or a State may use LUST Trust Fund monies to take corrective action at the site. Prior to the effective date of the regulations under Section 9003(c), funding priorities would fall to sites for which a solvent owner/operator cannot be found to undertake corrective action properly. Source: Dick Valentinetti (202) 382-4758 Carrie Wehling (202) 382-7706 Research: Jennifer B. Planert 7. Manufacturing Process Units A manufacturing process unit that holds methylene chloride is located within a building that is slated for demolition. If the owner/operator (o/o) of the unit clos«f^the building and ceases to operate the unit, how long i««s the o/o have before the methylene chloride must b« shipped off-site? First, the owner/opera tor of the unit should determine if the methylene chloride would be regulated as a hazardous waste. If the methylene chloride is a spent material it would be regulated as a solid waste if disposed of, used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively (Section 261.2(c)(l), (2), (3), and (4)). If the spent -6- ------- methylene chloride solution contained, before use, ten percent (10%) or more methylene chloride, it would meet either the F001 or F002 listings in Secti-on 261.31 and subsequently would also be regulated as a hazardous waste, assuming the methylene chloride regulated was utilized for its solvent properties. If the methylene chloride is a commercial chemical product and not a spent material, it would be regulated as a solid waste if used in a manner constituting disposal, disposed of, or burned for energy recovery (Section 261.2(c)(l) and (2)). If the product is reclaimed or accumulated specu1 atively it would not be regulated as a solid waste (Section 261.2(c)(3) and (4)). If the solvent is disposed of, used in a manner constituting disposal, or burned for energy recovery it is a solid waste and, due to the fact that it would meet the U080 listing in Section 261.33(f) it would also be regulated as a hazardous waste. Assuming that the methylene chloride would be regulated as a hazardous waste, 40 CFR Section 261.4(c) states that waste generated in a manufacturing process unit is not subject to regulation until the waste exits the unit or unless the waste remains in the unit for more than 90 days after the unit ceases to be operated. The October 30, 1980 Federal Register (46 FR 72024) explains that this allowance only applies when the generator is in compliance with Section 262.34. That is, generators of more than 1000 kg of hazardous waste per month have 90 days to store the waste without having to obtain a permit or interim status. As stated above, for manufacturing process units this "90-day clock" begins when the waste exists the unit or when the waste remains in the unit for more than 90 days after the unit ceases operation. However, the preamble in 45 FIR 72024 states that in situations where the unit does cease to be operated for Its primary purpose, the "clock" starts when the operation stops. Thus, the preamble implies th«t for the owner/operator of the above unit the accumulation period begins the day that the MBofacturing process unit is shut down. It was not the Agency's intent to regulate wastes in these units unless the waste exits the unit or remains in the unit for more than 90 days after the unit is no longer in operation. Therefore, although there is preamble language to the contrary, the accumulation period for the owner/operator of the above unit would begin either when the waste exits the unit, or if the waste remains in the unit for more than 90 days, the clock would then start on day 91. -7- ------- Furthermore the October 30, 1980 Federal Register goes on to explain that if hazardous wastes do remai-n in the- unit for more than 90 days after cessation of operation, "...EPA believes that these wastes should be fully regulated and that the units should be regulated as storage facilities. Thus, at that point, the owner/operator of the unit would have to have interim status..." (45 FR 72024). Source: Mike Petruska (202) 475-6676 Matt Straus (202) 475-8551 Research: Chris Bryant 8. Definition of Solid Waste and Reclamation A distributor of a U-listed commercial chemical product finds that the product is no longer saleable (for example, it is past is shelf life). If the distributor ships it back to the manufacturer for reclamation, the material is not a solid waste under 40 CFR 261.2 because listed commercial chemical products are not solid wastes when reclaimed. However, in many cases the manufacturer will not know whether the material can be reclaimed until a sample is analyzed. Could the distributor ship the entire lot back to the manufacturer, while not knowing whether the material was a solid waste? Yes. The distributor can ship the entire lot back to the manufacturer, while not knowing whether the material was a solid waste. There are no provisions in the RCRA regulations restricting shipments of commercial chemical products. Technically, it remains a commercial chemical product until such time as they are discarded or intended to be discarded (Section 261.2 and Section 261.33). This decision is made by the manufacturer. The U-listed commercial chemical product would still be shipped pursuant to applicable DOT and U.S. Postal Service regulations. It would not need to be manifested as a hazardous waate. Source: Paul Mushovic (202) 475-7736 Research: Becky Cuthbertson -8- ------- I. SIGNIFICANT QUESTIONS AND UNRESOLVED ISSUES B. CEPP 9. Landfills' and Title III Are landfills covered under Title III of SARA since they are covered by RCRA? Yes, landfills are subject to certain Title III requirements. Subtitle A of Title III is intended to identify facilities which present a potential hazard for a chemical emergency and to provide a process for local emergency planning committees to engage with such facilities in determining the significance of the release hazard and developing response plans to facilitate timely and appropriate response in the event of a chemical spill. Because landfills meet the definition of "facility" and may in some instances present such a hazard, EPA interprets them to be subject to reporting and notification requirements under Section 302 in Subtitle A. While EPA agrees that conditions at some facilities (including landfills) may not pose significant chemical hazards even though extremely hazardous substances are present in excess of the threshold planning quantity, in other such facilities conditions will exist which do present a significant hazard. Such assessment must be made on a site-specific basis. EPA believes that leaving such decisions to the local planning committees is consistent with the purpose of Subtitle A. Communities must know which facilities may present potential for chemical emergencies so they can determine the nature of the risk to the public and to emergency responders. It is recognized that Resource Conservation and Recovery Act (RCRA) regulations already address • •ay of the goals of Subtitle A of Title III. •ovever, it is important that the facility Contingency plan and local coordination required by RCRA be coordinated with any new State and local planning structure or community planning process established under Title III. Full compliance with the RCRA requirements should minimize additional planning activities with local communities under Title III. Therefore, these requirements are not duplicative. It should be noted that landfills may not be exempt under certain sections of Title III. Placement of a container holding an extremely -9- ------- hazardous substance into a landfill which has a federal permit for this chemical is exempt from the Section 304 emergency release notification. Also, under Subtitle B, Sections 311/312, landfills fall under the exemption for any hazardous waste defined as such by the Solid Waste Disposal Act. In addition, landfills do not fall into the SIC codes covered by the Section 313 Toxic Chemical Release reporting requirements. Source: David Speights (202) 382-4492 Research: Brian Littleton 10. Calculation of Extremely Hazardous Substances in Landfills How are the quantities of the extremely hazardous substances (e.h.s.) to be calculated in determining if landfills are subject to the Section 302 requirements? EPA realizes the practical problems presented for landfills in complying with the Title III requirements. Owners of these facilities must determine, based on reasonably available information whether any e.h.s.'s are in excess of the threshold planning quantities (tpq). However, in making such a determination, owners and operators of landfills should apply the one percent (1%) exclusion (see 40 CFR 355.30(a) and (e)(l)). EPA believes that the one percent (1%) exclusion is applicable to the contents of the entire landfill based on the assumption that such containers will degrade in the landfill environment. Therefore, if the total weight of an extremely hazardous substance is greater than one percent (1%) of the total weight of the landfill waste and equals or exceeds the threshold planning quantity for that substance, the landfill is subject to Section 302 notification requirements. If no extremely k|tc ardoas substance exceeds this level, the liadfill is not subject to emergency planning requirements under Title III unless designated by the Governor or State Emergency Response Commission under Section 302(b)(2). Following any resulting notification to the State Commission and designation of a facility emergency coordinator (Section 303(d)(l)) the local committee may. depending on their site specific assessment of the hazards posed by the particular facility, request participation of the facility in the Title III planning process. Even though many landfills may not be required to provide planning notification based on the one percent (1%) exclusion cited -10- ------- above, the landfill owner/operator and the local emergency planning committee should work cooperatively to ensure that potential chemical emergencies are addressed. Source: " David Speights (202) 382-4492 Research: Brian Littleton -11- ------- II. ACTIVITIES A. The Hotline responded to 13,110 questions and requests for documents in August. B. On August" 4, Kim Jennings of the CEPP Hotline attended the Title III Workgroup meeting on the status of the Title III activities. C. On August 4, 11, 18, and 25, CEPP Hotline staff attended the weekly Preparedness Staff meetings. D. On August 12, Dave Topping (OSW) briefed the RCRA/Superfund Hotline on the F006 and F019 hazardous waste listings. E. On August 13, John Goodrich-Mahoney briefed the RCRA/Superfund Hotline on the status of the Toxicity Characteristic Leaching Procedure (TCLP). F. On August 18, Matthew Glaudemans of the CEPP Hotline attended the Title III Workgroup meeting on the status of Title III activities. G. On August 19, Denise Wright of the RCRA/Superfund Hotline briefed DOT representatives on hazardous substances reportable quantity regulations. H. On August 20-21, Robert Costa of the CEPP Hotline attended the Title III Workshop held in Chicago. The Workshop presented views of state and local officials and the regulated community on the methods to deal with Title III implementation. I. On August 26, Dave Phillips and Doug Bice briefed the RCRA/Superfund Hotline on EPA's Title III program. J. On August 27, Matthew Glaudemans of the CEPP Hotline attended the National Response Team monthly meeting. An army chemical emergency exercise, the NCP, and the sudden widespread death of dolphins were discussed. -12- ------- III. ANALYSES OF QUESTIONS (August 1987) SUMMARY OF CALLS BY GEOGRAPHIC DISTRIBUTION (EPA Regions): 1 5.0% 3 24.0% 5 18.4% 7 0.7% 2 11. OZ 4 12.2% 9.3% 8 4.4% 10 INTERNATIONAL CALLS 0.3% Manufacturers Generators Transporters TSDF's EPA HQ EPA Regions Federal Agencies 5.2% 17.0% 2.0% 7.4% 1.5% 3.0% 2.9% State Agencies Local Agencies Used Oil Handlers UST 0/0 Consultants Attorneys Laboratories 4.6% 1.7% 1.1% 2.4% 31.4% 7.6% 1.8% 11.6% 3.1% RCRA Univ. /Researchers Trade Associations Insurance Co Environmental Groups Press Citizens Other 1.73 0.92 0.42 0.5% 0.6% 4.6% 1.6% General Information 462 3010 Notification 109 260.10 Definitions 260.22 Petitions/Delisting 261.2 Solid Waste Definition 169 83 92 261 261 261 261, 261, 261, 261, 262 3 C D 4 5 6 7 Hazardous Waste Definition 295 Characteristic HW 453 Listed HW 356 Exclusions 139 Small Quantity Generators 125 Recycling Standards 186 Container Residues 34 Generator - General 143 100-1000 kg/mo 74_ Manifest Info 112 Accumulation 43 263 266 C 266 D 266 E Recordkeeping & Reporting 43 International Shipments 28 Transporters 66 266 266 F G Use Constituting Disposal 9 HW Burned for Energy Recovery 59 Used Oil Burned for Energy Recovery_ 74 Precious Metal Reclamation 23 Spent Lead-Acid Battery Reclamation 24 Subtitle D fr. Used Oil - General Household Hazardous Waste_ Dioxins Mixed Radioactive Waste Asbestos/PCBs/Radon Infectious Waste 114 82 28 24 18 32 37 Liability/Enforcement_ Corrective Action Waste Minimization Minimum Technology 95 55 86 35 1 264/265 TSDF A - Scope/Applicability B - General Facility Standards C - Preparedness/Prevention : D - Contingency Plans '_ E - Manifest/Recordkeeping/Reporting^ F - Ground Water Monitoring_ - Closure/Post Closure Financial Requirements_ Containers Tanks G H I J K L M N 0 P Q - Chem, Phys, Biol Treatment, R - Underground Injection X - Miscellaneous 268 - General Surface Impoundments, Waste Piles " Land Treatment Landfills Liquids in Landfills, Incinerators - Thermal Treatment Solvent & Dioxins California List Wastes, Scheduled Thirds 269 270 - Air Emission Standards -A - General B D F G - Interim Status/LOIS State Programs Permit Application, Changes to Permits, Special Permits Administrative Procedures, Requirements 271 124 DOT OSHA Requirements/HW Training, Test Methods/HW Technologies," RCRA Document Requests SUBTOTAL 1< 20 23 1 41 1< IK 595 893 7093 -13- ------- III. ANALYSES OF QUESTIONS (August 1987) UNDERGROUND STORAGE TANKS General 280.10 Applicability 280.11 Interim Prohibition 280.12 Definitions - General UST Regulated Substance 280 B New UST Systems - General 280.20 Performance Standards 280.21 Upgrading 280.22 Notification 280 C General Operating Requirements 280 D Release Detection 280 E Release Reporting and Investigation 280 F Corrective Action - Petroleum 280 G Corrective Action - Hazardous Substances 280 H Out-of-Service/Closure 280 I Financial Responsibility 281 State UST Programs Liability Enforcement LUST Trust Fund Other Provision UST Document Requests UST SUBTOTAL 1 159 55 37 24 33 31 5 26 5 30 22 43 15 22 8 48 23 20 12 2 11 6 553 190 Referrals - EPA - HQ 289 - Other Hotlines_ - Regions State 135 GPO/NTIS/PIC ORD/Dockets, Other " 426 345 SUBTOTAL 1195 Written Request Responses: CERCLA General 19 SARA General 3 Access & Information Gathering Allocations from Fund/ Fund Balancing/Grants 1' CERCLIS/103 Notification Citizen Suits 8 Clean-Up Standards/ARARsA How Clean Is Clean Contractor Indemnification Contracts/Contract Lab Program_ Exposure Assessment/ Public Health Evaluation Definitions Enforcement Federal Facilities Hazardous Substances/RQs HRS Llability/PRPs Mandatory Schedules Natural Resource Damages NBARs " NCP NPL Off-Site Policy On-Site Policy PA/SI Public Participation Radon RD/RA RODs/Clean-Up Costs_ Settlements SITE Program State Participation Taxes Title III/Right-To-Know_ Other Provisions CERCLA Document Requests CERCLA SUBTOTAL (starting 9/1/87) Hotline Responses Referred to EPA Program Offices Referred to other Federal Agencies Referred externally (states, organization, etc)_ Response Form Sent_ 21 42 18 207 Response Form Sent/FOIA Form Letter Sent/Need Requests filled - RCRA - UST SUBTOTAL more info A CLA starting 9/1/87) startina 9/1/87) startina 9/1/87) startina 9/1/87) 291 TOTAL CALLS, DOCUMENT REQUESTS AND REFERRALS (starting 9/1/87) -14- 31 13 Remedial Removal RI/FS 33 13 38 30 31 19 15 88 19 149 1562 ------- CEPP Hotline Daily/Monthly Summary Report For August 1987 Total Calls 1779 Distribution 1 2 3 6.4% 12.4% 20.1% of Calls by EPA Regions: 4 5 6 12.2% 23.0% 8.2% 7 8 9 2.9% 2.1% 7.8% Written Responses Callers; Manufacturers Distributors Handlers Attorneys Consultants/Engineers Laboratories Trade Associations Public Interest Groups Universities/Academia Insurance Companies Hospitals Title III: General 37.9% 2.1% 8.2% 4.5% 8.6% 1.9% 2.6% 2.3% 1.9% 0.2% 0.9% Section 301-3 Emergency Planning; SERC's Notification Requirements TPQ's Sec. 305 Training Grants Sec. 305 Emergency Review Mixtures Extremely Hazardous Substances Release Notification: General Notification Requirements Reportable Quantities RQ's vs. TPQ's 36 18 285 190 101 113 63 17 31 156 67 10 1.6% State Agencies Fire Depts. EPA Local Officials Farmers CERCLA vs. Sec. 304 Transportation Exemptions 740 International: 0.1% Unknown: 2.5% 3.8% 2.5% 4.3% 6.2% 3.0% Federal Agencies 2.OX Media/Press 0.8% Union/Labor 0.1% Citizens 2.3% Other 2.8% 20 10 17 -15- ------- CEPP Hotline Daily/Monthly Summary Report (Continued) SEc. 311/312; General 305 MSDS Reporting Regulations 186 Haz. Categories 76_ Tier I/II Regulations 78 Mixtures 34_ Thresholds 203 Exemptions 44 Sec. 313; General Thresholds Public Meetings Mass Balance Study Trade Secrets Enforcement CEPP: Interim Guidance Tech. Guidance Chemical Profiles NRT - 1 Teleconference Title III Workshops Other Document Requests # of Documents Requested Referrals: OTS (Section 313). OSHA 25 21 Preparedness Staff 107 12 19 13 125 29 74 26 454 898 RCRA/Superfund Hotline. Regional EPA Other 31 28 -16- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 IV. PUBLICATIONS RCRA "Risk Assessment, Management, Communication: A Guide to Selected Sources" is available from U.S. EPA's Public Information Center (PIC). The EPA Information Systems Inventory (ISI) is available from NTIS on disc (PB87-131-017) and paper copy (PB87-131-009). "Guidance for Coordinating ATSDR Health Assessment Activities" (OSWER Directive #9285.4-02) dated March 11, 1987 is available by writing: U.S. EPA, OERR-OPM (WH-548D), 401 M Street, S.W., Washington, D.C. 20460. "Regulatory Status of Facilities Previously Granted Temporary Exclusions," July 31, 1987, a memorandum from Marcia Williams, Director, Office of Solid Waste to Regional Division Directors, is available by calling the Hotline. "Scope of the CERCLA Petroleum Exclusion Under Section 101(14) and 104(a)(2)," July 31, 1987, a memorandum from Francis S. Blake, General Counsel, U.S. EPA to J. Winston Porter, Assistant Administrator for Solid Waste and Emergency Response, U.S. EPA, is available by calling the Hotline. "Permit Guidance Manual on Unsaturated Zone Monitoring for Hazardous Waste Land Treatment Units" (EPA/530-SW-86-040), October 1986, is available from NTIS (accession number PB87-215-463). The document costs $18.95 for hard copy and $6.50 for microfiche. The following documents are available from the Office of Ground-Water Protection (WH-550G) by calling 382-7077: 1. "EPA Activities Related to Sources of Ground-Water Protection," and 2. "Survey of State Ground-Water Quality Protection Legislation," 1985. CERCLA FY 1987 RO^Anaaal Report (PB87-199-550) is available from NTIS. FY 87 Sup«jrttt»< Comprehensive Accomplishments Plan (SCAP) is available fro« Terry Ouverson at (202) 475-9367. "RI/FS Improvements," July 23, 1987, a memorandum from Henry Longest, Director, Office of Emergency and Remedial Response to U.S. EPA Regional Division Directors, is available by contacting Lisa Feldt. -17- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 V. FEDERAL REGISTER NOTICES FOR AUGUST 1987 Former Notices with' Open Comment Period June 3, 1987; 52 FR 20914 (proposed rule on permitting mobile hazardous waste treat- ment units and delisting hazardous waste) June 4, 1987; 52 FR 21152 (proposed rule on toxic chemical release reporting; community right-to-know) June 11, 1987; 52 FR 22380 (technical resource documents on construction quality assurance and absorption procedures) June 29, 1987; 52 FJR 24181 (comment period extension on TCLP applicability) June 30, 1987; 52 PR 24333 ("Interim Guidance on Settlements with PgMinimua Waste Contributors11! Proposed rule on permitting procedures and other regulations to facilitate the use of mobile treatment units in the treatment of hazardous waste. Also proposed are alternative delisting procedures under which delisting can occur as part of the permitting process. Comments will be accepted until August 3, 1987. Proposed rule which publishes the uniform toxic chemical release reporting form as required by Section 313 of Title III of SARA. Comments will be accepted until August 3, 1987. Notice of availability of Construction Quality Assurance for Hazardous Waate Land Disposal Facilities and a draft technical resource document on Batch- type Absorption Procedures for Esti- mating Soil Attenuation of Chemicals. Comments will be accepted on the draft technical resource document until August 15, 1987. Notice extending the comment period for the May 18, 1987 supplemental notice to the proposed Toxicity Characteristic Leaching Procedure (52 F_R 18583). The supplemental notice requested comments on the applicability of the TCLP to wastes likely to be managed in surface impoundments. Comments will be accepted until August 16, 1987. Notice and request for comments regarding EPA's "Interim Guidance on Settlements with DeMinimus Waste Contributors" under Section 122(g) of SARA. Comments will be accepted until August 31, 1987. -18- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 July 6, 1987; 52 FR 25255 (proposed rule-administrative enforcement actions in the UST program) July 20, 1987; 52 FR 27199 (state program revisions) July 20, 1987; 52 FR 27226 (proposed deletion of substance from Title III Section 313 List of Toxic Substances) July 20, 1987; 52 FR 27257 (notice of draft updated assessments for trichloro- ethylene and dichloromethane) July 22, 1987; 52 FR 27579 (notice of availability of guidance manual) July 28, 1987; 52 FR 28167 (extension of comment period) August Federal i««iater Notices August 3, 1987; 52 PX 28696 (final rule denying petitions) Proposed rule to extend the applicability of the consolidated rules of practice (40 CFR 22) which govern administrative enforcement actions taken pursuant to Section 9006, SDWA, as amended. Comments will be accepted until September 4, 1987. Final rule revising the final authorization of Minnesota's hazardous waste management program. Comments will be accepted until August 19, 1987. Proposed rule deleting butyl benzyl phthalate from the list of toxic chemicals under Section 313 of Title III of SARA. Comments will be accepted until October 19, 1987. Notice of availability of three documents for external review. TB« documents address addenda to the health assessments for trichloroethylene and dicloromethane and new methods regarding dichloromethane. Comments will be accepted until September 9, 1987. Notice of availability of Alternate Concentration Limit Guidance; Policy and Information Requirements. Comments will be accepted until September 21, 1987. Extension of public comment period on the May 29, 1987 proposed rule addressing liners and leak detection at land disposal units until August 27, 1987. Final rule denying petitions submitted by Arvin Automotive, Bayliner Marine Corporation and Digital Equipment Corporation to exclude their wastes from the hazardous waste lists. -19- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 August 3, 1987; 52 FR_ 28697 (final rule listing- K062) August 4, 1987; 52 FR. 28866 (extension of NBARS comment period) August 5, 1987; 52 FR 29060 (notice of Science Advisory Board meeting on HRS) August 6, 1987; 52 FR 29222 (proposed rule on conduct of administrative hearings) August 7, 1987 52 FR 29395 (extension of comment period) August 10, 1987; 52 FR 29522 (state schedule of compliance) August 10, 1987* 52 FR 29565 (transfer of d«t* to EPA contractor) " August 10, 1987; 52 FIR 29566 (indoor air quality Report to Congress) Final rule promulgating the listing of Hazardous Waste K062. The scope of the listing applies to pickle liquor from steel finishing operations at facilities within the iron and steel industry (SIC Codes 331 and 332). Notice of extended public comment period concerning the Interim Guidelines on Non-binding Preliminary Allocations of Responsibility (NBAR) to September 3, 1987. Notice of Science Advisory Board meeting concerning revisions of the Hazard Rankinj System (HRS). The meeting will be held September 14 and 15, 1987 in Washington, D.C. Proposed rule establishing procedures governing the conduct of administrative hearings requested pursuant to.Section 3008(b) of RCRA by recipients of corrective action orders under Section 3008(h). Comments will be accepted through September 8, 1987. Notice extending the comment period of the May 29, 1987 proposed rule requiring manufacturers and processors of 73 chemicals to perform testing in support of the RCRA program. Comments will be accepted if submitted on or before August 27, 1987. Colorado's schedule of compliance for modification of its hazardous waste management program. Notice of transfer of data to contractors for the development of RCRA hazardous waste management regulations. Notice of Report to Congress on Indoor Air Quality Implementation Plan as required by SARA Section 403(d). -20- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 August 10, 1987; 52 FR 29571 (DOJ consent decree)" August 10, 1987; 52 FR 29620 (OSHA hazardous waste operations and emergency response) August 11, 1987; 52 F_R 29708 (extension of comment period) August 12, 1987; 52 FR 29992 (notice of data, request for comment) August 12, 1987; 52 FR 29990 (technical correctionT August 12, 1987; 52 FR 29846 (final exclusion rulej August 12, 1987; 52 FR 29849 (final exclusion rulej August 13, 1987; 52 FR 30192 (notice of tentative determination) August 14, 1987; 52 FR 30570 (proposed rule changes to interim status and permitted facilities and post-closure permits) Loading notice of consent decree pursuant to RCRA; Water Research Inc., a fuel blending facility. Notice of proposed rulemaking by OSHA on hazardous waste operations and emergency response. Comments must be received on or before October 5, 1987. Response to petition on mobile treatment units. Comment period on regulatory exclusion portion of the rule extended to September 3, 1987. Notice of data availability and request for comments, Land Disposal Restrictions on waste containing prohibition levels of California List metals and cyanide. Comments will be accepted on or before October 13, 1987. Technical corrections to proposed rule requiring testing of materials under TSCA in support of RCRA rulemaking. Final exclusion from hazardous waste listing for wastes generated by General Electric (Shreveport, Louisiana) and the Keymark Corporation (Fonda, New York). Final exclusion from hazardous waste listing for wastes generated by Boomer Industries Incorporated (Landrum, South Carolina). Notice of tentative determination on application regarding final authoriza- tion of Maine's hazardous waste management program. Written comments will be accepted, and, if requested, a public hearing will be held. Proposed rule regarding changes to interim status and permitted facilities, and procedures for post-closure permitting. Comments will be accepted on or before October 13, 1987. -21- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 August 17, 1987; 52 JFJZ 30681 (notice of state program modifications) August 17, 1987; 52 FR 30682 (notice of state program modifications) August 18, 1987; 52 FR 30964 (notice of proposed consent decree) August 24, 1987; 52 FR 31948 (proposed rule regarding statistical methods for ground-water data analysis) August 25, 1987; 52 FR 32058 (notice of availability of funds from ATSDR) August 27, 1987; 52 FR 32446 (land disposal restrictions for underground injection wells) August 27, 1987; 52 FR 32496 (notice of ARAR guidance) Notice of South Carolina's compliance schedule to adopt program modifications. Notice of Tennessee's compliance schedule to apply for program modifications. Notice of proposed consent decree lodged in U.S. District Court for the District of New Hampshire on August 10, 1987 under CERCLA Sections 106 and 107 and RCRA Section 7003; "U.S. et. al. vs. Ottati and Goss. et. al."Comments will be received 30 days from August 18, 1987. Proposed rule for changing the statistical analysis method used in determining statistically significant changes in levels of hazardous constituents measured in ground-water samples. Comments will be accepted on or before October 23, 1987. ATSDR availability of funds for 1987 to continue project with State of Missouri, Department of Health. Assistance will be maintaining central listing of persons exposed to TCDD (dioxin). Proposed rule implementing underground injection restrictions of certain hazardous waste, and land disposal restrictions technical requirement for Class I hazardous waste injection wells, Comments will be accepted on or before October 26, 198.7, and a public hearing will be held September 21, 1987 in Washington, D.C. Notice of interim guidance on compliance with applicable or relevant and appropriate requirements. Comments will be accepted until October 13, 1987. -22- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3000 August 31, 1987; 52- PR 32850 (notice of proposed consent decree) August 31, 1987; 52 FR. 32851 (notice of proposed consent decree) Notice of a proposed consent decree lodged in the Northern District of New York for recovery of costs expended to clean up Pollution Abatement Services (Oswego, New York) under CERCLA. Comments will be accepted for 30 days from August 31, 1987. Notice of proposed consent decree lodged in the District of New Hampshire under CERCLA and RCRA, resolving the liability of General Electric, Solvents Recovery Service of New England, Lilly Industrial Coatings and the State of New Hampshire in the matter of U.S. et. al. vs. Ottati and Goss, et. al. Comments will be accepted for 30 days from August 31, 1987. -23- ------- Martha Anderson, DORM Frank Biros, WH-527 George Bonina, WH-563 Susan Bromm, WH-563 Karen Brown, PM-220 John Bosky, EPA-Kansas City, KS Diane Buxbaum, Region 2 Richard Clarizio, Region 5 Sylvia Lowrence, WH-562 Kathy Collier, RTF, NC Peter Cook, WH-527 Alan Corson, WH-565 Elizabeth Cotsworth, WH-563 Wayne Crane, PM-273F Hans Crump, WH-548B Elaine Davies, WH-562 Truett DeGeare, WH-563 Melinda Downing, DOE Tim Fields, WH-548B Lisa Friedman, LE-132S Goerge Garland, WH-563 John Gilbert, EPA-Cin. OH Peter Guerrero, WH-563 Penny Hansen, WH-562 Bill Hanson, WH-548E Betti Harris, EPA, Region 7 Lee Herwig, A-104 Irene Homer, WH-595 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 Kooyomjian, WH-548B Mike Kosakowski, WH-527 Jerry Kotas, WH-527 Walter Kovalick, WH-548 Tapio Kuusinen, PM-223 Steve Leifer, LE-134S Steve Levy, WH-565 Henry Longest, WH-548 Gene Lucero, WH-527 James Makris, WH-562A Jack McGraw, WH-562A Scott McPhilamy, Region 3 Toni Kennedy, (ASTSWMO) Royal Nadeau, Region 2 Sam Mapolitano, PM-220 Christina Parker, WH-562 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, A-101 Bruce Weddle, WH-563 Steve Wilhelm, Region 7 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 -24- ------- Peciior.al Counsels Patrick A. Parenteau Regional counsel Region I, US EPA 12203 John F. Kennedy Federal Bldg. Boston, MA 02203 James H. Sargent Regional Counsel Region IV, US EPA 345 Courtland St. NE Atlanta, GA 30365 David R. Tripp Regional Counsel Region VII, US EPA 1200 6th Avenue Seattle, WA 98101 Douglas R. Blazey Regional Counsel Region II, US EPA 26 Federal Plaza, Rm. 1009 New York, NY 10278 Robert B. Schaefer Regional Counsel Region V, US EPA 230 South Dearborn St. Chicago/ IL 60604 Tom Speicher Regional Counsel Region VII, EPA 999 18th St., One Denver PI. Denver, CO 80202 Bruce M. Diamond Regional Counsel Region III, US EPA 841 Chestnut St. Philadelphia, PA 19107 James Neet Regional Counsel (6C) Region VI, US EPA 1201 Elm St., Inter. First Dallas, ix 75270 Karl R. Morthole Regional Counsel Region ix, us EPA 215 Fremont St. San Francisco, CA 94105 Regional Libraries Ms. peg Nelson U.S. EPA, Region I Library Room 2100-B, JFK Federal Bldg. Boston, MA 02203 (617) 565-3300 Ms. Gayle Alston U.S. EPA, Region IV Library 345 Courtland St., N.E. Atlanta, GA 30308 (404) 347-4216 Ms. Connie McKenzie U.S. EPA, Region VII Library 324 East llth Street Kansas City, MO 64106 (913) 236-2828 Ms. Julienne Sears U.S. EPA, Region x Library 1200 Sixth Avenue Seattle, WA 98101 (206) 442-1289 Mr. Dennis P. Carey U.S. EPA, Reg. II Library 26 Federal Plaza New York, NY 10278 (212) 264-2881 Ms. Lou Tilley U.S. EPA, Region v Library 230 S. Dearborn St., * 1417 Chicago, IL 60604 (312) 353-2022 Ms. Dolores Eddy U.S. EPA, Reg. VIII Library 999 18th St. 1500 Denver, CO 80202-2405 (303) 293-1444 Ms. Diana McCreary U.S. EPA, Reg. Ill Library 3M Curtis Bldg., 6th & Walnut st Philadelphia, PA 19106 (215) 597-0580 Ms. Leticia Lane U.S. EPA, Region VI Library 1201 Elm Street First Internat'l Bldg. Dallas, TX 75270 Ms. Marsha saylor U.S. EPA, Region IX Library 215 Fremont Street San Francisco, CA 94105 (415) 974-8076 Ms. Dottie Biggs U.S. NEIC Library - Bldg. Box 25227 Denver Federal Ctr. Denver, CO 80225 (303) 236-3219 53 -25- ------- Merrill S. Hbhman, Director Waste Management Division U.S. EPA, Region I John F. Kennedy Bldg. Boston, MA 02203 Patrick Tobin, Director- Waste Management Division U.S. EPA, Region IV 345 Courtland St., N.E. Atlanta, GA 30365 David A. Wagoner, Director Waste Management Division U.S. EPA, Region VII 324 E. llth Street Kansas City, MO 64106 Charles Findlay Hazardous Waste Division U.S. EPA, Region X 1200 6th Ave. Seattle, WA 98101 Conrad Simon, Director Air & Waste Mgmt. Divison U.S. EPA, Region II 26 Federal plaza New York, NY 10278 Bill Constantellos, Dir. Waste Management Div. U.S. EPA, Region V 111 W. Jackson St., 16th Fl, Chicago, IL 60604 Robert L. Duprey, Dir. Waste Mgmt. Division EPA, Region VIII 1860 Lincoln St. Denver, CO 80295 Stephen Wassersug, Director Hazardous Waste Mgmt. Div. EPA, Region III 6th and walnut streets Philadelphia, PA 19106 Allyn M. Davis, Director Hazardous Waste Mgmt. Div. 1201 Elm Street, EPA, Region First International Bldg. Dallas, TX 75270 Jeffrey Zelikson, Director Toxics & Wastes Mgmt. Div. EPA, Region IX 215 Fremont Street San Francisco, CA 94105 Branch Chiefs Linda Murphy, Chief EPA, Region 1 State Waste Program Br. John F. Kennedy Bldg. Boston, MA 02203 James Scarborough, Chief Residuals Mgmt. Branch EPA, Region IV 345 Courtland St., NE Atlanta, GA 30308 Mike Sanderson, Chief RCRA Branch EPA, Region VII 726 Minnesota Ave. Kansas City, MO 64106 Kenneth D. Feigner, Chief Waste Mgmt. Branch EPA, Region X 1200 6th Avenue Seattle, WA 98101 Richard Salkie (2AWM-SW-Rm. 905) EPA, Region II Hazardous Waste Programs Branch 26 Federal Plaza New York, NY 10278 David Stringham, Chief Solid Waste Branch (5HS13) EPA, Region V 230 S. Dearborn St., 13th Fl. Chicago, IL 60604 Lou Johnson, Chief Hazardous Waste Branch EPA, Region VIII 1860 Lincoln St. Denver, CO 80203 Bruce smith Chief, Haz. Haste Enforcement Br. U.S. EPA, Region III 841 Chestnut Street Philadelphia, PA' 19107 Robert Allen, Chief EPA, Region III Waste Mgmt. Branch (3WH30, 841 Chestnut St. Philadelphia, PA 19107 Randy Brown, Chief EPA, Region VI Hazardous Waste program Br First International Bldg. 1201 Elm St. Dallas, TX 75720 Philip Bobel, Chief RCRA Programs Branch (T-2) EPA, Region IX 215 Fremont St. San Francisco, CA 94105 David Doyle Chief, Records Compliance U.S. EPA, Region VII 324 East llth St. Kansas City, MO 64106 -26- ------- Janice Hicks (T-l-3) Office of Community Relations 215 Fremont street San Francisco, CA 94105 Alvin Joe Geo/Resource Consultants, Inc. 851 Harrison Street San Francisco, CA 94107 Carl Eklund Division of Solid & Haz. Waste DEQE Winter Street Boston, MA 02108 Bruce Smith (3HW10) Chief, Haz. Waste Enforcement Br, U.S. EPA, Region III 841 Chestnut Street Philadelphia, PA 19107 Richard Clarizio U.S. EPA, Region V 230 South Dearborn St. (5HS-13JCK) Chicago, IL 60604 Myra Perez U.S. EPA, Region VI 6608 Mornwood Drive Houston, TX 77074 John Gilbert U.S. EPA Envir. Response Branch 26 West St. Clair St. Cincinnati, OH 45268 John Bosky U.S. EPA, Region vil 25 Funston Rd. Kansas City, KS 66115 Lucy Mlenar U.S. EPA, Region ix 215 Fremont Street San Francisco, CA 94105 Melinda Downing Dept. of Energy 1000 Independence Ave., SW 3 G092 Washington, D.C. 20585 John Creech Air Informaton ctr. U.S. EPA, Mail Drop 35 Research Triangle Park, NC 27711 Chet Mclaughlin State Programs Branch U.S.EPA, Region VII 324 East llth St. Kansas City, MO 64106 David Doyle Chief, Records Ccmpliar U.S. EPA, Region VII 324 East llth St. Kansas City, MO 64106 Diane Buxbaum U.S. EPA, Region II Woodbridge Ave. Edison, NJ 08837 Stephen Wilson HQ APLC/DEVQ WPAFB, Ohio 45433 Headquarters SAC/BEP Offutt AFB Nebraska, 68113- -27- ------- |