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 ------- 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 ------- 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- ------- 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- ------- 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- ------- 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- ------- 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 — ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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. ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- 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- ------- ------- |