SUBJECT:


FROM:
             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460
                                           530R87110
                           JAlv  I 2
                                                          OFFICE OF
                                                 SOLID WASTE AND EMERGENCY RESPONSE
TO:
Final Monthly Report - RCRA/Superfund Industry
Assistance Hotline Report for October 1987

Thea McManus     -^ ^^^          RECEIVED
Office of Soli,d WasJ;e  (WH-562)
                                               IAN 2 ? 1Q88
Hubert WatVeW, 'Office of Emergency
  and Remedial Response (WH-548B)        ENVIRONMENTAL PROTECTION AGENCY
                                              LIBRARY, REGION V
See List of Addressees
          This report is prepared and submitted for EPA Contract
     No. 68-01-7371.
I.   SIGNIFICANT QUESTIONS AND RESOLVED ISSUES - October 1987

     A,  RCRA PROGRAM

  1 .  Underground Storage Tanks - Release Detection Methods

     In  the  April  17,  1987 Federal Register. Vol. 52,  proposed
     regulations  for  underground   storage   tanks    (UST)  were
     published.   In the  proposed rule, several release detection
     methods for owners and operators of new USTs were  outlined  in
     Section  280.41.    One  of  these  proposed methods, Section
     280.41(e), tests or monitors for liquids on the ground-water.
     What proposed  techniques or technique can be used to perform
     this method of release detection for new USTs?

          Page 12733  of the  proposed UST  regulations (April  17,
          1987  F R ,  Vol.  52)  discusses three general techniques
          that would be allowed.  They are:  a physical inspection
          of a  ground-water sample using sight or smell to  detect
          product; lowering a rod with a thin film of paste   on  it
          that will  change color when exposed to any hydrocarbons
          on top of the water table;  an automatic  sensing  device
          capable   of   electronically   detecting  the   physical
          presence of hydrocarbons  on  the  ground-water;   or  any
          technique which  can detect  1/8 of  an inch  or less  of
          free product, even if it does not fall  into  one   of  the
          above categories.
     Source:   Tom Young      (202) 475-7261
     Research: George Kleevic

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2.  Manifesting Requirements

    40 CFR Section 263.20(a) requires that a transporter only
    accept waste which is accompanied by a manifest signed by the
    generator.  Section 263.20(b)  requires a  transporter to sign
    and date  the manifest,  acknowledging receipt of the waste as
    it is described in the manifest.   A generator loads his waste
    directly into a bulk tank railcar.  The rail transporter will
    then distribute the load among three  trucks.   How would the
    manifesting requirements be handled?

         The generator  would cut  three manifests and on each the
         total  volume  transported  would  be  indicated  with a
         notation that the waste will be split into thirds.  Each
         manifest  would   require  original   signature  of  the
         generator  and   the  rail   transporter.    The  signed
         manifests would be mailed to the  trucking company which
         would   then give each of the three truck drivers one of
         the manifests.

    Source:    Paul Mushovic  (202) 475-7736
    Research:  Laurie Huber
3.   Export of Restricted Waste

    A generator  determines  that  he  is  managing  a restricted
    hazardous  waste  under  the  November  7,  1986 Land Disposal
    Restrictions rule (see November 7,  1986  Federal Register,  51
    FR 40572).   However,  the waste is going to be exported to a
    Canadian disposal  facility.    Does  the  generator  need  to
    attach a  notification and/or certification for each shipment
    of waste as per Section 268.7?

         Yes.  The June  4, 1987  correction notice  (see June  4,
         1987  Federal  Register,  52  FR  21010)   reiterates the
         Agency's intent that the  Section 268.7  waste analysis,
         notice,  and  recordkeeping  requirements are applicable
         regardless of. whether or when  such restricted wastes are
         ultimately  land  disposed  (52  FR  21011).   The key  to
         determination of applicability  of  the  requirements  is
         whether   the   generator   handles   restricted  wastes
         exceeding the applicable treatment standards. (Id.)

         The  Agency   realizes  that   the  notification  and/or
         certification documentation is not legally necessary for
         the Canadian disposal  facility.    However,   the Agency
         still requires the notification and/or certification for
         each  shipment   of   restricted   waste.     Unforeseen
         circumstances may arise during the transportation of the
         restricted waste and it  might need  to be  handled by a
         domestic hazardous  waste treatment, storage or disposal
         facility.     The   notification   and/or  certification
         documentation  will  allow  waste handling in accordance
         with  the   land   disposal   regulations   should  this
         situation arise.

    Source:    Mitch Kidwell   (202) 382-4805
    Research: Caroline Danek

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 4.   Natural Gas Pipeline Condensate and Energy Recovery

     Is  natural   gas  pipeline   condensate  that  exhibits  the
     characteristic of ignitability and that is going to be burned
     for energy recovery a hazardous waste?

          According to  the January  4, 1985 FR page 630,  off-spec
          fuels burned for energy  recovery  are  not by-products,
          thus are  not considered  wastes.  This includes natural
          gas pipeline condensate.   The condensate  contains many
          of the  same hydrocarbons found in liquified natural gas
          and certain higher hydrocarbons that have  energy value.
          It is  generated in the pipeline transmission of natural
          gas and is not considered to be a by-product nor a waste
          when burned for energy.

          By-products   that   exhibit   any   characteristics  of
          hazardous  wastes  are,  however,  hazardous  waste when
          burned for energy recovery.
     Source:    Ed Abrams
     Research:  Kate Anderson
(202)  382-4787
5.    Applicability of the Section 261.4(a)(2)  Exclusions

     Hazardous  industrial  wastewaters  that  are regulated by the
     Clean Water  Act  under  a   NPDES  permit  are  excluded from
     regulation under  RCRA.  Periodically,  wastewater is diverted
     from the outfall to  a  surface  impoundment.     The diverted
     wastewater is  used in firefighting training exercises.   What
     is the status of the surface impoundment?

          Because the wastewater is not being  "discharged" per the
          definition in  the Clean  Water Act, the wastewater does
          not fall  within  the   RCRA  exclusion.    Section 122.2
          defines "discharge  of pollutant"  as the combination or
          addition  of  a  pollutant  to  "waters  of  the  United
          States."   Waters of  the United  States are defined as,
          "... all waters which  are subject  to the ebb and flow of
          the  tide...   all  interstate  waters... lakes,  rivers,
          streams...  ."    The   definition  specifically excludes
          ponds or  lagoons used  for treatment and manmade bodies
          of  water.     While   the  diversion   to  the  surface
          impoundment takes  place after the water exits the pipe,
          the discharge must be   mixed with  "waters" in  order to
          remain within  the NPDES  permit and  thus excluded from
          RCRA.     Discharge  to  the  surface  impoundment  would
          constitute  illegal   operation of   a  hazardous  waste
          storage unit.
     Source:    Randy  Hill
     Research:  Laurie Huber
(202)  382-7700
                              -3-

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B.   CERCLA

  6.   CERCLA Technical Assistance Grants

       Section  117(e)   of  SARA  provides   that   one  grant  of  up to
       $50,000  may  be  made  available  to   "...  any   group  of
       individuals  which   may  be  affected  by  a   release   or  a
       threatened release at any facility  which   is   listed on the
       National  Priorities  List."  Has EPA determined what  "groups"
       will  be eligible for these grants?

            On June 10,  1987,   EPA  issued  an Advanced Notice of
            Rulemaking   and  Request  for  Comments on the Technical
            Assistance  Grants (52 FR  22244).   That   notice states
            that,  at  present,  there are  four   issues regarding
            eligibility:     (1)  defining   "affected   groups;"  (2)
            determining  whether  groups  can  apply individually or
            must consolidate their applications;   (3)  determining if
            certain groups  should be eligible to receive  a grant,
            and    (4)   determining   whether   certain   community
            representation  should   be   required   of the  grantee
            organization to ensure  that  broad community interests
            are  represented.

            One  approach  to defining "affected groups"  would  be to
            accept applications only from groups of  individuals who
            can   demonstrate  direct  ties   to  the  site.   Another
            approach could be to  allow   the involvement of groups
            with  more   distant  ties to  the  site  (e.g.,  the same
            watershed use), in addition to  those groups next to the
            site.

            The  language  of Section  117(e)  suggests   that  only one
            group can  receive  a  grant  for  any particular  site.
            However,  a  wide  variety of  different and  potentially
            eligible groups could be affected by   the  site.   EPA is
            considering what  roles the   State  or  EPA  should play in
            consolidating interested groups.  One  option  would  be to
            accept  only  one  grant  application  per  site.  If more
            than one were received,  then  no  grant would   be awarded
            until  the    groups  had  combined their application.
            Another option is a public notice that informs others in
            the  community  that they have an opportunity  to  join the
            original  grant  applicant to   prepare  a consolidated
            application.   Another option  would  be  to accept  multiple
            applications  and  accept the    one   that   best   meets
            eligibility criteria.

            There  are   some  groups  that   EPA believes may not be
            appropriate grants applicants,  such as municipalities or
            potentially responsible parties at  the site.   Similarly,
            national  or   State  associations   with   broad policy
            interest rather than local concerns might  be  ineligible.
                                -4-

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 6.    CERCLA Technical Assistance Grants (Continued)

           Other    possible    exclusions    might   be   academic
           institutions,     profit-making    organizations,   local
           government advisory groups,  or citizens advisory groups.
           The final  issue is  whether EPA should identify certain
           community  interests  that  the  applying   group  should
           include.     For  example,   should  these  groups include
           individuals who are  otherwise  excluded  from receiving
           grants?

           EPA received  comments on  all of these issues, until
           July  22,  1987.    The  Interim  Final rule  should be
           promulgated in  the near  future.  At that time EPA will
           begin accepting technical  assistance grant applications.

      Source:    Daphne Gemmil  (202)  382-2460
      Research: Chris Bryant


7.    Federal  Facility Inventory and  the Docket

      RCRA Section 3016 requires each Federal  Agency to  submit an
      inventory of  its treatment, storage, and disposal facilities
      to EPA and authorized  states every  two years,  beginning on
      January  31,  1986.   The inventory shall include a description
      of  each  site,  its  location   and  hydrogeology, regulatory
      status,   the  nature  and  amount  of  waste at the site, and
      information on contamination and response actions  taken.  In
      addition, CERCLA  Section 120(c)   requires EPA  to establish a
      Federal  Agency Hazardous Waste  Compliance Docket.   Are these
      two statutory  provisions related?

           Yes,  RCRA  Section  3016   and CERCLA Section 120(c) are
           related.   Information collected under RCRA  Section 3016
           regarding  any  Federal facility  will be placed in the
           Federal Agency Hazardous Waste Docket.  The docket will
           also  contain   information  submitted  by   each  Federal
           department,  agency   or   instrumentality   under  RCRA
           Sections  3005  and 3010 and CERCLA Section  103 and 120(b)
           authorities.    According   to  Section  3016(a), Federal
           agencies  are  not required  to resubmit to the inventory
           information  previously submitted  under   RCRA Sections
           3005 or 3010,  or under CERCLA Section 103, but they must
           provide an update every two years, reflecting the latest
           available  data   and  information.     The  information
           collected under  Section 3016  is currently  kept by the
           Office of  Solid Waste  and will  be disseminated to the
           Regions in which  the  Federal  facilities  are located.
           Copies of  the inventory  will also  be submitted to the
           appropriate State office in States authorized  under the
           RCRA  program.    Information  within the  docket will be
           available to the public.


                               -5-

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7.    Federal Facility Inventory and the Docket (Continued)

          By  April  17,   1988,  the Federal  agency must conduct a
          Preliminary Assessment (PA)  for each site  that has been
          included in  the docket.   Under the combined authorities
          of  RCRA  Section  3016  and  CERCLA  Section  120,  the
          universe of  Federal facilities  will be better defined.
          As a result, EPA will  be  better  equipped  to evaluate
          these sites  for possible inclusion on the NPL.  It will
          also be  easier for  Congress,  the   Federal agencies and
          the States to set priorities for funding and site clean-
          up.

          Source:   Jim Michael    (202)  382-2231
          Research: Jennifer Planert
                    Bob Adamson
8.    CERCLA Liability

     If a foreign generator contributes waste to a U.S.  site which
     is eventually  listed on  the NPL,  can he be held  liable for
     the costs of clean-up?

          Yes.   Section  107(a)   of  CERCLA  defines persons and
          activities which  are subject to liability under CERCLA-
          including any person who owned or possessed hazardous
          substances and arranged for their disposal  or treatment
          or  arranged  with  a transporter to transport hazardous
          substances for disposal or  treatment  by  any  party or
          entity  at  any  facility  owned  or operated  by another
          party or entity.  The term "any person" does not exclude
          foreign generators from liability under CERCLA.

     Source:    Joseph Freedman     (202) 382-7703
     Research: Tish Zimmerman
9.    Community Relations in Superfund

     How and  when does  EPA involve the public during a Superfund
     response activity?

          EPA encourages the use of an active community relations
          program   at   every   Superfund   site   to   maintain
          communications  between  EPA  and  the  public.    This
          process enables  the public  to remain  informed at all
          phases of response activity  and allows  for the public
          to comment  on the  decisions made and actions taken at
          the site.  The community relations  program consists of
          all the  activities that  are undertaken to involve the
          public, as  well  as  the  planning,   coordination, and
          administration of such activities.
                               -6-

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9.    Community Relations in Superfund (Continued)

          The  general  objectives  of  the  Superfund  Community
          Relations Program (as  detailed in the Community
          Relations in Superfund;   A Handbook,   March 1986,  OSWER
          9230.0-3A)  include:

          1)    gathering information about the
               community in which  a site is located,
          2)    giving citizens the opportunity  to
               comment on and  provide input to  technical
               response decisions,
          3)    informing  the    public  of   planned   or  ongoing
               actions, and
          4)    focusing and resolving conflict.

          Although there was no  specific mandate  in  the original
          CERCLA (1980)  for EPA to develop a Community Relations
          Program.   Section  104(e)(2)(A)  requires   that  "  any
          records,  reports,  or  information  obtained  from  any
          person [during a response action]...  shall  be available
          to   the  public...  ."    The National Contingency Plan
          (NCP)  at Section 300.67  details the  requirements  for  a
          Community Relations  Program.

          Section  300.67  requires  that the lead agency develop
          and implement a formal  community relations  plan.  The
          plan would  detail all "communications activities  which
          will  be  undertaken  during  the  response  and  shall
          include provision for a  public comment period [on  the
          remediation alternatives considered by the  Agency]."

          The plan  must  be  "developed  and  approved  prior to
          initiation of  field activities  and  implemented during
          the course of the action."   The plan can  be developed
          by   a   potentially  responsible party, but  requires  EPA
          oversight and  approval.   The public must be provided
          with a  period of not less  than 21  days to review  and
          comment  on  the  possible   alternatives  of  remedial
          measures.    The  lead  agency must summarize the  major
          issues raised by the public and how they are addressed
          as  part  of the decision document approving the remedy.

          For emergency/removal  actions,  the lead agency  is to
          designate a  spokesperson to act as liaison between  the
          lead  agency  and the  public  in order  to  keep  the
          community fully informed by answering any questions  and
          abating any fears that may arise.  A formal community
          relation plan  is only  required if this action exceeds
          45  days.

          The Superfund Amendments and Reauthorization Act (SARA)
          of  1986  amended CERCLA  by adding Section 117 on Public
          Participation.   This section requires that  EPA announce
          to  the public the proposed method of  remediation at  a


                              — 7 —

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   9.   Community Relations in Superfund (Continued)

             Superfund site  and allow  the public to comment on the
             proposed plan.  The final approved  plan shall  also be
             made  available   to  the  general  public  before  any
             remedial action commences. If there are any significant
             changes  which   are  made   to  the   final  plan,  an
             explanation of  these  differences  must  also  be made
             available along  with the reasoning behind the changes.
             All of these public announcements  must  be  made  in a
             major local  newspaper, at  a minimum.  The information
             itself must  be  housed  at  or  near  the  facility in
             question.

             Section  117(e)  sets  up a Technical Assistance Grants
             Program.  These grant monies  (up  to  $50,000  per NPL
             site)  may  be  used  to obtain technical assistance in
             interpreting information with regard to "the  nature of
             the  hazard,  remedial  investigation  and  feasibility
             study, record  of decision,  remedial design, selection
             and  construction  of  remedial  action,  operation and
             maintenance, or removal action at such facility."

             Eligible applicants are "any group of individuals which
             may be  affected by  a release or threatened release at
             any facility listed  on  the  National  Priorities List
             (NPL) under the National Contingency Plan (NCP).

        Source:     Melissa Shapiro  (202) 382-2461
                   Daphne Gemmill   (202) 382-2460
        Research:   Deborah McKie
C.  CEPP

   10.   State Facility Notification Requirements

        Considering  the  OSHA  expansion  to  the non-manufacturing
        sector,   are  state   facilities   required   to   meet  the
        notification requirements of 311 and 312 of Title III?

             No.   Sections 311 and 312 apply to owners and operators
             of  facilities who must  prepare  or  make  available an
             MSDS under  the Occupational  Health and  Safety Act of
             1970 (OSHA) and  its  implementing  regulations.   OSHA
             does not  apply to  state governments  (OSHA applies to
             "employers" and  states are  specifically excluded from
             the   definition  of  "employers").  Although states may
             choose  to  administer  their  won  occupational safety
             program  in  lieu  of  the  Federal  government's  OSHA
             program, and such a program must,   by definition, apply
             to  state  employees, the  state program is administered
             exclusively  under  state  law.    Furthermore,   unlike
             state-administered programs under some environmental


                                -8-

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10.  State Facility Notification Requirements (Continued)

          statutes  (e.g.,   RCRA),   the  state  standards   do not
          become  Federal  standards  once  the  state   plan  is
          approved   by   the   Occupational  Health  and   Safety
          Administration.  Thus Section 311 and 312 do  not apply
          to state  facilities because  OSHA and its implementing
          regulations do not apply  to state facilities.

     Source:   Rob Swain      (523-6815:  OSHA);
               Barbara Bryant (523-7242:  OSHA)
     Research:  Kristen Engel  (382-7706)
                             -9-

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II.  ACTIVITIES - October 1987

   A,   The  RCRA/Superfund  and  CEPP  Hotlines  responded  to 17,988
        questions  and  requests  for  documents  in   October.    The
        breakdown is as follows:

                             RCRA   Superfund   UST    CEPP

   Information Calls         5942     1497      769    4665  -  12,873
   Call Document Requests    1045      221      292    1102  =   2,660
   Written Document Requests  105                       522  =     627
   Referrals                 1625    	     	    203  -   1,828
                            8,717    1,718    1,061   6,492  -  17,988


   B.   Chris  Bryant  and  Debe  McKie  of the RCRA/Superfund Hotline
        attended the RCRA/CERCLA Integration Teleconference held on
        October 6.

   C.   James Michael from OSW, briefed the  RCRA/Superfund Hotline on
        the  1988  Inventory  of  Federal  Hazardous  Waste Activities
        requirement on October 7.

   D.   Victor Hays, from OWPE, briefed the  RCRA/Superfund Hotline on
        the   Land   Disposal   Restrictions   Rule   "An  Enforcement
        Perspective" on October 8.

   E.   Laurie Huber  of the  RCRA/Superfund Hotline  attended an OUST
        staff meeting held on October 20.

   F.   Paul Theisen attended an IBM seminar held on October 21.

   G.   Tom Schruben  from OUST, briefed the RCRA/Superfund Hotline on
        the issue of underground storage tank liners on October 28.

   H.   Karen Burgan, from OERR,  briefed the  RCRA/Superfund and CEPP
        Hotlines   on   the   provision  for  reimbursement  to  local
        governments for emergency responses on October 29.

   I.   Rob Costa of the CEPP Hotline attended the Title III workgroup
        meeting on  the status of the Title III activities on
        October 13.

   J.   The CEPP Hotline staff attended the  weekly Preparedness Staff
        meetings on October 6, 13, 20, and 27.

   K.   Matthew   Glaudemans   of   the   CEPP  Hotline  attended  the
        Preparedness Staff Conference Call with the  FEMA/EPA Regional
        Preparedness Coordinators  on the status of Regional Title III
        activities on October 9 and 23.

   L.   Bev Horn (OGC) and Laurie Soloman (Preparedness Staff) briefed
        the  CEPP  Hotline  staff  on  the proposed rule for Title III
        trade secrets on October 14.
                                -10-

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II.   ACTIVITIES - October 1987 (Continued)

   M.    The CEPP  Hotline staff  briefed Jim  Markris, Director of the
        Preparedness Staff,  on types of calls received and outstanding
        Title III issues on  October 19.

   N.    Brian  Littleton  of  the  CEPP Hotline attended the Title III
        workshop meeting on  the  status  of  Title  III  activities on
        October 27.

   0.    Kim Jennings  of the  CEPP Hotline attended the NRT meeting on
        the status  of  Federal  emergency  preparedness  and training
        activities on October 29.
                             -11-

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III.  ANALYSES OF QUESTIONS (October 1987)          Grand Total *11.496

SUMMARY OF CALLS BY GEOGRAPHIC DISTRIBUTION (EPA Regions):

1     5.4%       3     24.8%     5     18.4%     7     3.5%     9      10.6%
      9.8%
 INTERNATIONAL CALLS
11.5% 6
8.6%
LS 0.4%
                                                 8
                                                4.2%
                            10
                               2.7%
Manufacturers
Generators
Transporters
TSDF's
EPA HQ
EPA Regions
Federal Agencies
6.7%
15.0%
1.2%
8.0%
1.6%
2.7%
1.4%
State Agencies
Local Agencies
Used Oil Handlers
UST 0/0
Consultants
Attorneys
Laboratories
4.8%
16%
1.1%
4.8%
30.5%
7.5%
2.0%
Univ. /Re searchers
Trade Associations
Insurance Co
Environmental Groups
Press
Citizens
Other
2.3%
0.8%
0.3%
0.7%
0.4%
4.2%
1.5%
General Information_
3010 Notification	~
260.10 Definitions
                                     RCRA
                                    415  264/265 TSDF
                                     91  A - Scope/Applicability,
                                     73
260.22 Petitions/Delisting	
261.2  Solid Waste Definition
                                     38
                                    160
261
261
261
261
261
261
261
262
    3
    C
    D
    4
    5
    6
    7
Hazardous Waste Definition_
Characteristic HW	~
Listed HW	
Exclusions	
Small Quantity Generators	
Recycling Standards	
Container Residues	
Generator - General	
100-1000 kg/mo	
Manifest Info	
Accumulation
480
471
195
156
 90
 47
                                    146
                                     74
                                     88
                                    117
263
266
266
266

266
266
    C
    D
    E

    F
    G
       Recordkeeping & Reporting	33
       International Shipments	18
       Transporters_                 58
Use Constituting Disposal	
HW Burned for Energy Recovery_
Used Oil Burned for
  Energy Recovery_
 83
 57
Precious Metal Reclamation_
Spent Lead-Acid Battery
   Reclamation
 18
         D
Subtitle  	
Used Oil - General	
Household Hazardous Waste,
Dioxins	
Mixed Radioactive Waste	
Asbestos/PCBs/Radon	
Infectious Waste
                             103
                                    102
                                     25
                                     43
                                     92
                                    111
                                     32
Liability/Enforcement
Corrective Action	
Waste Minimization	
Minimum Technology	
                                     77
                                     85
                                     25
                                     25
                                                                       87
                                  B - General Facility Standards,
                                  C - Preparedness/Prevention	
                                  D - Contingency Plans_
                                          21
                                          11
276  E - Manifest/Recordkeeping/Reporting 15
F
G
H
I
J
K
L
M
N

0
P
Q
Ground Water Monitoring_
Closure/Post Closure	
Financial Requirements,
Containers	
Tanks
149
116
 52
 31
194
Surface Impoundments_
Waste Piles
 65
                                             Land Treatment
                                             Landfills
                                          10
                                          34
         Liquids in Landfills_
         Incinerators
                                                                               49
                                                                               50
                                    - Thermal Treatment	
                                    - Chem, Phys, Biol Treatment,
 10  R - Underground Injection,
X
268
                                         269
                                         270
Miscellaneous	
  General	
  Solvent & Dioxins
 23
                                         134
                                    170
      California List Wastes
      Scheduled Thirds
                                158
                                          23
                                             - Air Emission Standards
                                         18
           A
           B
           D
           F
           G
                                                 - General
                                                                       55
          Permit Application,
          Changes to Permits,
          Special Permits
                                44
                                                                       33
                                            Interim Status/LOIS	42
                                   271 - State Programs	112
                                   124 - Administrative Procedures	6_
                                   DOT Requirements,                    61
                                   OSHA Requirements/HW Training
                                   Test Methods/HW Technologies^
                                   RCRA Document Requests	
                                   SUBTOTAL
                                          56
                                         157
                                        1045
                                       *6987
                                     - 12-

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III.  ANALYSES OF QUESTIONS (October 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
192
52
50
19
40
40
17
280.20 Performance Standards 27
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
16
43
7
38
8
26
7
61
33
35
12
10
19
17
292
M061
Referrals -
s - EPA - HQ
- Other Hotlines
- Regions
- State
- GPO/NTIS/PIC
ORD/Dockets
- Other
291
392
169
155
485
133
*1625
SUBTOTAL
Written Request Responses:
Hotline Responses	
           CERCLA

General	
SARA General	
Access & Information Gathering_
Allocations from Fund/
  Fund Balancing/Grants	
CERCLIS/103 Notification	
Citizen Suits              	
                                                                            126
                                                                             30
                                                                              13
                                                                             94
                                             Clean-Up Standards/ARARs/
                                              How Clean Is Clean
                                93
                                             Contractor Indemnification	11
                                             Contracts/Contract Lab Program  26
                                             Exposure Assessment/
                                               Public Health Evaluation	 _3_L
                                             Definitions	
                                             Enforcement              	
                                                 Federal Facilities
                                             Hazardous Substances/RQs
                                             HRS
                                             Liability/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
Referred to EPA Program Offices	
Referred to other Federal Agencies	
Referred externally (states, organization, etc).
Response Form Sent_
Response Form Sent/FOIA
Form Letter Sent/Need more info
Requests filled - RCRA
       100
                - CERCLA
                - UST
SUBTOTAL	
TOTAL CALLS, DOCUMENT REQUESTS AND REFERRALS,
      *105
   *11.496
                                20
                                30
                                16
                               222
                                28
                                93
                                31
                               221
                                16
                                11
                                15
                                12
Remedial
Removal
RI/FS
27
13
34
                                                                             46
   30
                                                                              12
                                                                              13
                                                                              8
                               140
                                12
                                                                             221
*1718
                                    - 13-

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                                  CEPP Hotline
                           Daily/Monthly Summary Report
                                For  October 1987
Total Calls
4665
Written Responses_
522
Distribution of Calls by EPA Regions:
1 7.5% 4 13.3% 7
2 11.1% 5 24.4% 8
3 18.0% 6 7.0% 9
Callers:
Manufacturers 52.7%
Distributors 1.0%
Handlers 8.4%
Attorneys 7.0%
Consultants/Engineers 10.3%
Laboratories 1.3%
Trade Associations 1.5%
Public Interest Groups 0.5%
Universities/Academia 1.0%
Insurance Companies 0.3%
Hospitals 0.5%
Title III: General
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 80
Reportable Quantities 31
RQ's vs. TPQ's 16
3.4% 10 3.2%
2.5% International:
8.7% Unknown:
State Agencies
Fire Depts.
EPA
Local Officials
Farmers
Federal Agencies
Media/Press
Union/Labor
Citizens
Other
466
182
228
88
66
10
2
26
235
81
CERCLA vs. Sec. 304
Transportation
Exemptions
0.1%
1.1%
3.2%
1.5%
1.7%
4.2%
0.3%
1.1%
1.1%
0.1%
0.6%
0.4%
52
5
27
                                      -14-

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GEPP Hotline Daily/Monthly Summary Report (Continued)



SEc. 311/312;  General     	1165	



MSDS Reporting Regulations 	1229	  Haz. Categories_



Tier I/II Regulations      	252	  Mixtures     _




Thresholds
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
 39
571
Preparedness Staff
         1079
          166
           14
            0
          143
           28
           26
           11
          140
           26
         1102
         2138
                                           551
                                           297
         Exemptions
363
RCRA/Superfund Hotline,



Regional EPA



Other
   70
                                              32
                                   -15-

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                         RCRA/Superfund Hotline
  National Toll Free #800-424-9346,  Washington, D.C.  #202-382-3000


IV.  PUBLICATIONS - October 1987

     RCRA

     "Siting Guidelines for the Disposal of Mixed Waste,"
     EPA/530-SW-87-029, available via the Hotline.

     "Potentially Responsible Party  Search Manual," available via
     NTIS; order number PB-87-2324-76.

     "Public Health Risk Evaluation  Data Base (PHRED),"
     available by sending two blank  disks to Ginger Wandless,
     (202) 475-9492.

     "Questions and Answers Regarding the July 14, 1986 Hazardous
     Waste Tank Systems Regulatory Amendments," available via
     NTIS; order number forthcoming.

     "How to Find Hazardous and Solid Waste Information;"
     available via RCRA Docket; order number EPA/530-SW-87-023.

     "Multi-Media Environmental Goals for Environmental
     Assessment Reporting," available via NTIS; order number
     PB-276-919-1364,  cost is $30.95.

     "Guidance for Permit Writers:  Facilities Storing Hazardous
     Waste in Containers," available via NTIS; Order  Number
     PB-88-105-689.

     "EPA Interim Guidance on Indemnification of Superfund
     Response Action Contractors Under  Section 119 of SARA,"
     OSWER Directive is 9835.5, available via the Hotline.

     "Municipal Waste  Combustion Study:  Assessment of Health
     Risks Associated  With Exposure  to  Municipal Waste Combustion
     Emissions," available via NTIS; order number PB-87-206-132.

     "Surface Impoundment Retrofitting  and Time Allowed for
     Closure," OSWER directive number 9485.00-5.

     "Directory of Commercial Hazardous Waste Management
     Facilities," available via NTIS; order number PB-88-109-699,
     cost is $24.95.

     "Appendix - Composition and Management of Used Oil Generated
     in the U.S.," available via NTIS;  order number PB-85-180-
     297.

     "Interim Guidance on Notice Letters, Notification and
     Information Exchange," available via the Hotline.

     "Evaluating Mixed Funding Settlements Under CERCLA,"
     available via the Hotline.

                            -16-

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                         RCRA/Superfund Hotline
   National Toll Free #800-424-9346, Washington, D.C. #202-382-3000

V. FEDERAL REGISTER NOTICES - OCTOBER 1987

   Former Notices with Open Comment Period
   July 20, 1987; 52 FR 27226
   (proposed deletion of
   substance from Title III
   Section 313 List of Toxic
   Substances)

   August 10,  1987; 52 _FJR 29620
   (OSHA hazardous waste
   operations and emergency
   response)
   August 12, 1987; 52 FR 29992
   (notice of data, request for
   comment)
   August 14, 1987; 52 FR 30570
   (proposed rule changes to
   interim status and permitted
   facilities and post-closure
   permits)
   August 24, 1987; 52 FR 31948
   (proposed rule regarding
   statistical methods for ground'
   water data analysis)
   August 27, 1987; 52 FR 32446
   (land disposal restrictions
   for underground injection
   wells)
                                 -17-
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 proposed rulemaking by
OSHA on hazardous waste operations
and  emergency  response.   Comments
must be received on or before
October 5, 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.

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.

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.

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,   1987,  and  a  public
hearing will be held Sept. 21, 1987
in Washington, D.C.

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                         RCRA/Superfund Hotline
   National Toll Free 1800-424-9346, Washington, D.C. #202-382-3000

Former Notices with Open Comment Period (Cont'd)
   August 27, 1987; 52 FR 32496
   (notice of ARAR guidance)
   September 3, 1987; 52 FR 33439
   (proposed delistings)
   September 3, 1987; 52 FR 33446
   (notice of intent to delete
   sites)
   September 18, 1987; 52 FR 35279
   (request for comments)
   September 21, 1987; 52 FR 35452
   (Final State Program
   Authorization-Proposed)
   September 22, 1987; 52 FR 35556
   (notice of compliance schedule
   to adopt State Program
   Modification)
Notice   of   interim   guidance  on
compliance   with    applicable   or
relevant       and       appropriate
requirements.  Comments will
be accepted until October 13, 1987.

Proposed   rule   to   delist  waste
streams  from  Syntex  Agribusiness,
St. Louis, Missouri.   Comments will
be accepted until October 5, 1987.

Notice  of  intent  to  delete three
sites from  the  National Priorities
List and  request for comments.  The
sites are the Middletown  Road Dump,
Annapolis,    MD,   Harris   (Farley
Street), Houston, TX, and
Mountain View  Mobile  Home Estates,
Globe,   AZ.      Comments  will  be
accepted until October 3, 1987.

Request  for  comments  on expanding
the  samples  exclusion  in  40  CFR
Section 261.4(d)  to include samples
sent   for   treatability   studies.
Comments  will   be  accepted  until
October 19, 1987.

Proposal for Wisconsin's Final
Authorization of state hazardous
waste       management      program-
applications      for     revisions.
Comments  will   be  accepted  until
October 21, 1987.

Final authorization of Washington
State's Hazardous Waste Management
Program;   Final    Rule   effective
November  23,  1987 unless a Federal
Register    notice    is   published
withdrawing  this  action.  Comments
will be accepted until
October 22, 1987.
                                  -18-

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                      RCRA/Superfund Hotline
National Toll Free #800-424-9346, Washington, B.C. #202-382-3000
Former Notices with Open Comment Period (Cont'd)
September 23, 1987; 52 FR 35838
(proposal to amend HW permit
modification regulations)
September 29, 1987; 52 FR. 36461
(comment period on covenants not
sue)
September 29, 1987; 52 FR 36444
(notice of proposed rulemaking)
September 29, 1987; 52 FR 36461
(extension of comment period)
September 30, 1987; 52 F_R 36616
(notice of Science Advisory
Board meeting)
September 30, 1987; 52 F_R 36643
(notice of proposed consent
decree)
Proposal    to   amend   regulations
governing modifications of hazardous
waste   management   permits.    New
procedure  that  applies  to various
types  of  changes  at  a  facility.
Comments  will   be  accepted  until
November 23, 1987.

Notice extending  the comment period
on the interim guidance governing to
the issuance of. covenants not to sue
under Section  122(f) of  SARA.  The
interim  guidance  was  published on
the July  27,  1987  (52  FR 28038).
Comments  will   be  accepted  until
October 30, 1987.

Notice proposing reauthorization for
Indiana's hazardous waste management
program.  The final authorization to
implement HSWA.    Comments  will be
accepted  until  October  29,  1987.
The action will become  final unless
withdrawn in a subsequent FR notice.

Notice extending the public comment
period for the interim guidance on
covenants not to sue under CERCLA
Section 122(f).  Comments are due by
October 30, 1987.

Notice of Science Advisory Board's
Radon Advisory Committee meetings,
October 13-16,  1987  in Washington,
B.C.

Notice  of  proposed  consent decree
lodged  in  the  District  of  Rhode
Island  regarding  the  Picillo Farm
Superfund  site  in  Coventry, Rhode
Island,    under    CERCLA   Section
122(f)(2) and  RCRA Section 7003(d).
Comments  will   be  accepted  until
October 30, 1987.
                               -19-

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                    RCRA/Superfund Hotline
National Toll Free #800-424-9346, Washington, D.C. #202-382-3000
Former Notices with Open Comment Period (Cont'd)
September 30, 1987; 52 FR 36644
(notice of proposed consent
regarding decree)
October Federal Register Notices

October 6, 1987; 52 FR 37335
(proposed rule to amend
Federal procurement guidelines)
October 6, 1987; 52 FR 37203
(final rule-Federal procurement
guidelines)
October 13, 1987; 52 .FR 38012
(Science Advisory Board
meeting)
1987
October 14, 1987; 52 _FR 38111
(extension of comment period
for delisting petition)
October 15, 1987; 52 FR 38312
(proposed procedures for
secrecy under SARA
Title III)
Notice of proposed consent decree
lodged in the District of New Jersey
the Renora Superfund site in Edison,
New  Jersey,  under  CERCLA  Section
107.    Comments  will  be  accepted
until October 30, 1987.
Proposed rule to amend the
guidelines  for  Federal procurement
of    paper   containing   recovered
materials (40  CFR  250).   Comments
will be accepted until
November 7, 1987.

Final rule on guideline for Federal
procurement   of   paper  containing
post-consumer   recovered  materials
(40 CFR 250).  The effective date of
the guideline is November 5, 1987.

Notice of a Science Advisory Board,
Research    Strategy    Subcommittee
meeting  to  be  held on October 15,
in Denver, Colorado.    The Sources,
Transport  and  Fate  Subgroup  will
evaluate  environmental contaminants
from   both   a  media-specific  and
multi-media basis.

Announces the extension of the
comment period on the proposed
Agency decision to grant a delisting
exclusion  to  Syntex  Agribusiness,
Inc.,   located    in   Springfield,
Missouri.  Comments will be accepted
until November 4, 1987.

Proposed procedures for filing
claims of trade secrecy by
facilities reporting under Sections
303(d)(2) and (d)(3), 311,  312, and
313 of SARA Title III.  The proposal
includes  EPA's   policies   on  the
review   of   the   claims  and  for
disclosure    of     trade    secret
information to health professionals.
                               -20-

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                         RCRA/Superfund Hotline
  National Toll Free #800-424-9346, Washington, D.C. #202-382-3000
October Federal Register Notices (Cont'd)
October 15, 1987; 52 FR 38344
(Final inventory reporting
form and final rules for
reporting under Sections 311
and 312 of Title III)

October 15, 1987; 52 FR 38340
(notice of availability of
toxicological profiles)
October 16, 1987; 52 FR 38518
(notice of transfer of data
to contractor and request
for comments)
October 16, 1987; 52 FR 38517
(Notice of transfer of data to
contractor and request for
comments)
October 16, 1987; 52 FR 38517
(transfer of data to contractor
and request for comments)
October 16, 1987; 52 FR 38518
(transfer of data to contractor
and request for comments)
October 19, 1987; 52 FR 38838
(proposed Federal procurement
guideline)
Final revisions of the inventory
reporting form and final rules for
reporting under Sections 311 and 312
of SARA Title III (40 CFR 370).
ATSDR and EPA announced the expected
availability of the  25  draft ATSDR
toxicological   profiles   from  the
priority  list   of   100  hazardous
substances  most  commonly  found at
NPL sites in accordance  with CERCLA
Section  104(i)(3)    as  amended by
SARA Section 110.  A 90  day comment
period is provided for each profile,
starting   from    actual   document
release date.

Notice of a transfer of data
submitted under RCRA to Research
Triangle Institute (RTI).  The
transfer  of   data  will  occur  no
sooner than October 23, 1987.

Notice of the transfer of data
submitted under Section 3007 of RCRA
to Industrial Economics, Inc. (IEC).
The transfer  of data  will occur no
sooner than October 23, 1987.

Notice of transfer of data submitted
under 40  CFR 260 and 260.22 to ICF,
Inc.    The  transfer  of  data will
occur  no  sooner  than  October 23,
1987.

Notice of transfer of data submitted
under RCRA from several EPA surveys
to  contractors.    The  transfer of
data  will  occur  no   sooner  than
October 23, 1987.

Proposed guideline for Federal
procurement of certain engine
lubricating  oils, hydraulic fluids,
and gear  oils  containing rerefined
oils (40 CFR 252).  Comments will be
accepted until December 18, 1987.
                               -21-

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                    RCRA/Superfund Hotline
 National Toll Free #800-424-9346, Washington, D.C. #202-382-3000
October Federal Register Notices (Cont'd)
October 21, 1987; 52 FR 39243
(extension of comment period
California List metals and
cyanide wastes)
October 21, 1987; 52 _FR 39386
(interim final rule - Section
for 123 of SARA reimbursement
to local governments)
October 23, 1987; 52 £R 39770
(corrections to Section 313 of
Title III June 4, 1987
proposed rule)
October 26, 1987; 52 FR 39926
(notice of public meetings to
receive comment)
October 26, 1987; 52 FR 40844
(Semi-annual Regulatory Agenda)
October 27, 1987; 52 FR 41295
(final rule incorporation by
reference for test methods
covered by the Land Disposal
Restrictions)
Announces   the   extension  of  the
comment period on the notice of data
on availability on lowering the
prohibition  levels  for  California
list   metal-bearing   and   cyanide
containing wastes as available in 52
FR  29992.  The  comment  period was
extended to November 12, 1987.

Interim final rule to provide
reimbursement  to  local governments
for costs for emergency response to
hazardous   substance   releases  as
authorized  under  CERCLA as amended
by Section 123  of  SARA.   Comments
will be  accepted until December 21,
1987.

Notice of corrections to the June 4,
1987 (52 FR 12588) proposed rule on
Section 313 of Title III of SARA —
toxic  chemicals  release  reporting
form.

Notice of public meetings to receive
comment on the proposed rule for
implementing Sections 322 and 323 of
SARA   Title   III  regarding  trade
secret  claims   and  disclosure  of
trade  secret  information to health
professionals.

Publication of the status of
regulations that  are under develop-
ment,  revision,  and  review at the
EPA.  Published semi-annually.

Final rule amending the California
List land  disposal  restrictions to
incorporate by reference "Test
Methods for  Evaluating Solid Waste,
Physical/Chemical Methods,"  SW-846.
                               -22-

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                    RCRA/Superfund Hotline
 National Toll Free #800-424-9346, Washington, D.C. #202-382-3000
October Federal Register Notices (Cont'd)
October 27, 1987; 52 FR. 41324
(Science Advisory Board meeting)
October 29, 1987; 52 FR 41624
(denial of petition)
October 30, 1987; 52 FR. 41772
(Science Advisory Board meeting)
Notice of a November 9 meeting of
the Environmental Effects, Transport
and Fate  Committee  of  the Science
Advisory  Board.    Discussion  will
center  on  the  information  of new
Subcommittees   on   Water   Quality
Advisories  and  Sediment  Criteria,
and  on  the  activities  of various
Subcommittees it oversees.

Notice of the denial of a petition
to  delist  ortho-phenylphenol  from
the  list  of  toxic chemicals under
Section 313 of Title III of SARA.

Notice of a November 19-20 open
meeting of  the  Indoor  Air Quality
and     Total     Human     Exposure
Subcommittee of the Science Advisory
Board.  Purpose of the meeting is to
provide the public forum  to discuss
indoor air quality research.
                               -23-

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Martha Anderson, DORM
Jim Barrett, GRC
Frank Biros, WH-527
George Bonina, WH-563
Susan Bromm, WH-563
Karen Brown, PM-220
John Bosky, EPA- Kansas City
Diane Buxbaum, Region 2
Fred Chanania, LE-132S
Richard Clarizio, Region 5
Kathy Collier, RTF, NC
Peter Cook, WH-527
Alan Corson, WH-565
Elizabeth Cotsworth, WH-563
Wayne Crane, PM-273F
Hans Crump, WH-548B
Gordon Davidson, WH-527
Elaine Davies, WH-562
Truett DeGeare, WH-563
Melinda Downing, DOE
Karen Ellenberger, WH-562A
Tim Fields, WH-548B
Lisa Friedman, LE-132S
George Garland, WH-563
John Gilbert, EPA-Cin. OH
Lloyd Guerci, WH-527
Lynn Hansen, WH-
Penny Hansen, WH-562
Bill Hanson, WH-548E
Betti Harris, EPA, Region 7
Irene Horner, WH-595
Barbara Hostage, SE-384E
Hotline Staff
Warren Hull, A-104
Phil Jalbert, WH-548D
Alvin K. Joe, Jr., GRC
Gary Jonesi, WH-562
Jim Jowett, WH-548B
Thad Juszczak, WH-562A
Toni Kennedy, (ASTSWMO)
Robert Knox, WH-562
Jack Kooyomjian, WH-548B
Mike Kosakowski, WH-527
Walter Kovalick, WH-548
Tapio Kuusinen,  PM-223
Steve Leifer, LE-134S
Steve Levy, WH-565
Henry Longest, WH-548
Sylvia Lowrence, WH-562
Gene Lucero, WH-527
James Makris, WH-562A
Jack McGraw, WH-562A
Scott McPhilamy, Region 3
Royal Nadeau, Region 2
Mike Petruska, WH-562B
John Riley, WH-548B
Mike Riley, PM-214F
Clem Rastatter,  WH-548
Dale Ruhter, WH-565
William Sanjour WH-563
Pam Sbar, LE-134S
Mike Shannon, WH-563
Ken Shuster, WH-565
Elaine Stanley,  WH-527
Jack Stanton, A-101
Bruce Weddle, WH-563
Steve Willhelm,  Region 7
Marcia Williams, WH-562
Dan Yurman, WH-562A
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-

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