UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 , . MAR 301988 530R88102 OFFICE OF SOLID WASTE AND EMERGENCY RESPOIMS MEMORANDUM SUBJECT: Final Monthly Report - RCRA/Superfund Industry Assistance Hotline and CEPP Hotline Report for February 1988 FROM: Thea McManus, V "x Office of Solid Waste (WH-562) , Hubert Watters, Office of Emergency and Remedial Response (WH-548B) TO: See List of Addressees This report is prepared and submitted for EPA Contract No. 68-01-7371. I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES - February 1988 .A. RCRA Program 1. Used Oil Marketer Corporation A owns both Corporation B and Corporation C. Corporation B generates an off-specification used oil. The State in which Corporation B generates the used oil does not allow burning of the oil. Therefore, Corporation B ships the used oil to a sister corporation, Corporation C. Corporation C burns the used-oil for energy recovery. Is Corporation B a marketer as specified in 40 CFR 266.43(a)? A marketer as defined in Section 266.43(a) is "any person who markets used oil fuel...marketers include generators who market used oil fuel directly to a burner...." Even though no funds are exchanged during the transaction, Corporation B is marketing the used oil fuel to Corporation C. There are no exclusions which state that used oil given to a sister corporation is excluded from regulation, or that marketing requires an exchange of funds. Thus, Corporation B must comply with the regulations which pertain to marketers (Section 266.43). Corporation C is also a burner. Source: Sarah Carney (202) 382-7932 Research: Craig Campbell ------- 2. Corrective Action and Permits If a release of hazardous waste or hazardous constituents from a solid waste management unit (SWMU) is identified after the issuance of a permit, can EPA reopen the permit and modify it to include additional investigation and/or corrective measures? Does the "permit as a shield" provision in 40 CFR 270.4(a) protect the facility from such action until the permit comes up for reissue? Permits issued prior to November 8, 1984, the date of enactment of the Hazardous and Solid Waste Amendments, cannot be reopened to establish a Section 3004(u) corrective action program until reissuance. Permits issued after November 8, 1984, address releases from all solid waste management units (SWMUs) at the facility. During the permitting process EPA conducts a RCRA Facility Assessment (RFA) to determine whether there has been a release from any SWMU located within the facility's boundaries. The RFA also determines whether any further investigations or corrective measures are necessary. EPA will then develop a custom-made corrective action program which will be incorporated into the permit. Most permits currently being issued contain a reopener clause for newly identified releases after permit issuance. Absent such a reopener clause, if the Director receives information about a new release, then the authority under Section 270.41(a)(2) could be employed. Section 270.41(a)(2) states that when the Director has received new information that "was not available at the time of permit issuance (other than revised regulations [see Section 270.41(a)(3)], guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance" the permit may be modified during its term. The "permit as a shield" provision in Section 270.4 does not provide a shield when new information such as mentioned above is obtained after permit issuance. The "permit as a shield" provision applies to standards that are established in the permit which cannot be arbitrarily changed by the Director during the term of the permit. Section 270.41(a)(3) allows a permit to be modified during its term due to amended standards or regulations at the request of the permittee (see 52 FR 45793). Section 270.41(a)(3) also allows the Director -2- ------- 2. Corrective Action and Permits (Cont'd) to "modify the permit when the standards and regulations on which the permit was based have been changed by statute or amended standards or regulations" such as the land disposal restrictions in 40 CFR Part 268. Source: Matt Hale (202) 382-4740 Dave Pagan (202) 382-4497 Research: Deborah McKie 3. Clean Closure of Interim Status Surface Impoundment and Waste Pile A waste pile and surface impoundment, both interim status, were clean closed in 1985 per Section 265.228 and Section 265.258. Closure was certified as per Section 265.115. Will the waste pile and surface impoundment site require ground- water monitoring? According to the December 1, 1987, Codification Rule (52 FR 45788), owners/operators of surface impoundments and waste piles that received waste after July 26, 1982, or certified closure after January 26, 1983, must have post-closure permits unless they demonstrate that the "clean closure" met Part 264 standards (Section 270.l(c)). Sections 270.1(c)(5) and (6) outline the procedures for determining if the closure met Part 264 standards (i.e., equivalency determination). If equivalency is shown, then the surface impoundment and waste pile will not be required to have a post-closure permit. If, on the other hand, the Agency decides equivalency was not met, a post closure permit will be required. The post closure permit would have to address applicable Part 264 Ground-water monitoring, unsaturated zone monitoring corrective action and post-closure care requirements. These requirements also apply to landfills and land treatment units. Source: Sharon Frey (202) 475-6725 Research: Cheryl McNabb 4. Identification Numbers Corporation A owns a large site. Corporation B, a wholly owned subsidiary of Corporation A, is a permitted treatment facility on the site. Corporation B has an identification -3- ------- 4. Identification Numbers (Cont'd) number associated with this site activity. Corporation C, another wholly owned subsidiary of Corporation A, is also located on this site and will be generating hazardous waste. Should Corporation C use the identification number which is associated with the site, although a different Corporation, or is Corporation C required to obtain its own identification number? Section 262.12 requires a generator to have an EPA identification number before treating, storing, disposing of, transporting, or offering for transportation, hazardous waste. The definition of generator, in Section 260.10 is keyed to both person and site: "any person by site whose act or process produces hazardous waste...". The definition of person in Section 260.10 is "an individual, trust, firm, joint stock company, Federal agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body." The definition of individual generation site in 40 CFR Section 260.10 is "the contiguous site at or on which one or more hazardous wastes are generated." An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site, if the site or property is contiguous. In this situation Corporation B and Corporation C are two distinct entities (i.e., persons). They must each apply f°r a separate EPA identification number. Even though identification numbers are usually site- specific, where different people conduct different regulated activities on a site, a person conducting each regulated activity must obtain an EPA identification number. This does not preclude an EPA Regional office or State from issuing the same number to two persons. Source: Diane Regas (202) 382-7706 Research: Craig Campbell 5. Land Disposal Restrictions The November 7, 1986 Federal Register (51 FR 40572) codified the land disposal restrictions for solvent and dioxin wastes identified in 40 CFR 261.31. At that time all of these solvent and dioxin wastes were restricted from surface land -4- ------- 5. Land Disposal Restrictions (Cont'd) disposal unless they met the appropriate treatment standards set forth in Section 268.41. There was a national variance from the effective date (November 8, 1986) for these requirements which was given to generators of 100-1000 kilograms of hazardous waste per month (small quantity generators). This variance was granted because EPA believed there was not enough capacity to handle this waste (see 51 FR 40615). Small quantity generators (SQGs) would be subject to the treatment standards on November 8, 1988 (see 40 CFR Section 268.30(a) & (b)). The August 27, 1987, Federal Register (52 FR 32446) proposed to codify the solvent and dioxin land disposal restrictions for Underground Injection Control (UIC) Class I wells which are regulated under the Safe Drinking Water Act (SDWA) and by a RCRA permit by rule (see 40 CFR 268.30(a) &(b)). The August 27, 1987, proposal does not contain a SQG national variance. Does the variance granted to SQG solvent and dioxin waste also apply to the same wastes injected into Class I wells after August 8, 1988? No. The November 7, 1986, SQG national variance granting an extension to the effective date to the solvent and dioxin restrictions applies only to wastes which will be placed in land units other than UIC Class I wells. The August 27, 1987, proposal did not address a national variance for SQG waste specifically. It does however propose to grant an extension of the effective date for solvent wastes which are solvent-water mixtures or solvent-containing sludges containing less than 1 percent (1%) total F001-F005 solvent constituents (see 40 CFR 148.10(a)). Therefore, small quantity generator solvent wastes must meet the applicable treatment standards prior to injection into a Class I well unless they contain less than one percent (1%) total solvents after generation. This will result in a three (3) month "lag time" when SQGs may place their untreated (greater than one percent) solvent wastes in all land units except UIC Class I wells. EPA did not propose a special SQG variance granting an extension to the effective date of the DIG restrictions because it is believed there are currently few SQGs disposing of their wastes by injection who will not also be eligible for the one percent (1%) total solvent variance. It is believed there is adequate treatment capacity for all SQGs and other generators who generate solvent wastes above one percent (1%). Source: John Atcheson (202) 382-5508 Research: Deborah McKie -5- ------- 6. Blending of Hazardous Waste Fuel Burned in Cement Kilns A notice in the September 15, 1987, Federal Register (52 FR 34779) clarifies the "big city cement kiln" restriction under 40 CFR Section 266.31(c). The restriction prohibits the burning of hazardous waste fuels in cement kilns located within the boundaries of a city with a population greater than 500,000 unless the kilns comply with the regulations applicable to hazardous waste incinerators. The regul ions applicable to hazardous waste incinerators include Suh^jrt O of Parts 264 and 265, permitting under Part 270, and notification under RCRA Section 3010. Subpart O applies to units that burn wastes for the purpose of destruction rather than energy recovery, so that blending or mixing of hazardous waste prior to incineration would be considered treatment rather than a recycling activity (i.e., producing a fuel). Therefore, if a marketer blends hazardous waste fuels in tanks prior to sending it to a "big city cement kiln" (subject to incinerator regulations) to be burned for energy recovery, is the blending considered to be treatment of hazardous waste, or could it be a recycling operation? A tank in which a marketer blends hazardous waste fuel is subject to 40 CFR Parts 264 and 265, and permitting, regardless of the type of unit in which the fuel is subsequently burned. According to preamble language in the April 13, 1987, Federal Register (52 FR 11819), EPA believes that fuel blending tanks are subject to the same standards as other hazardous waste fuel storage devices (52 FR 11820). In addition, nothing explicitly excludes a marketer's hazardous waste fuel blending tanks from regulation. Therefore, it makes no difference whether a marketer sends hazardous waste fuel to a boiler or industrial furnace subject to Part 266 Subpart D, or to a unit subject to the incinerator standards. The marketers at least have to comply with the permit and facility standards for storage units under Parts 270, 264 and 265. Source: Bob Holloway (202) 382-7917 Research: Ross Elliott -6- ------- B. CEPP 7. Toxic Chemical Release Reporting; Exemptions Are castings, which contain nickel, exempt from reporting on the Toxic Chemical Release Reporting Form under Section 313? The final rule for Section 313 (53 FR 4528) contains an exemption for toxic chemicals present in articles. An article is defined as "a manufactured item: (i) which is formed to a specific shape or design during manufacturing; (ii) which has end use functions dependent in whole or in part upon its shape or design during end use; and (iii) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility" (emphasis added). An item will not qualify as an article if there is a release of a toxic chemical from the normal use or processing of that item. If under normal conditions of processing or use, the metal casting is ground or cut in a way that would release nickel, a listed toxic chemical, it would not qualify for the article exemption. Therefore, releases would have to be reported if the amount of nickel processed or used in this way, exceeded the appropriate reporting threshold. In addition, the exemption for toxic chemicals in articles applies only to the processing or use of the article. The person producing the article would be required to report toxic chemicals manufactured, processed, or otherwise used to produce the article. Source: Sam Sasnett (202) 382-3821 Research: Kim Jennings 8. Emergency and Hazardous Chemical Inventory; Confidential Location Information When submitting a Tier II form under Section 312, a covered facility can claim the required location information confidential. How is this confidential information protected? Are there any penalties under Title III if a State or local official, who receives this information, fail to protect its confidentiality? While the location information on the Tier II form can be claimed confidential under Title III, Title III does not provide a confidentiality protection procedure for this information. Since claims of confidentiality regarding the location of chemicals in facilities are -7- ------- 8. Emergency and Hazardous Chemical Inventory; Confidential Location Information (Cont'd) not covered by Title III trade secrecy protection, the duty to protect this information as confidential rests with State and local officials. As the Agency stated in its October 15, 1987 rule, "The confidential location in information should not be sent to EPA, but only to the requesting entity. This information will be kept confidential by that entity under Section 312(d)(2)(F) which refers to Section 324 of Title III. Section 324(a) states that upon request by a facility owner or operator subject to the requirements of Section 312, the State emergency response commission and the appropriate local emergency planning committee must withhold from disclosure the location of any specific chemical required by Section 312(d)(2) to be contained in a Tier II inventory form." 52 FR 38312, 38317. Interested persons should contact their State and local government's attorneys office for information regarding procedures for protecting confidential location information. Since protection of Tier II confidential location information is not covered under Title III, the State itself does not provide penalties for the failure to protect such information. Penalties may, however, be provided under State and local law. Source: Kathy Brody (202) 475-8353 Research: Robert Costa -8- ------- II. ACTIVITIES - February 1988 1. The RCRA/Superfund Hotline and CEPP Hotline responded to 17,603 questions and requests for documents in February. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls 6,674 1,575 875 2,634 = 11,758 Call Document Requests 1,246 317 391 1,858 = 3,812 Written Document Requests 174 82 = 256 Referrals l»_59p 187 - 1/777 9,684 1,892 1,266 4,761 = 17,603 A. RCRA/Superfund Hotline Activities 2. On February 1 and 25, Denise Sines, Hotline Project Director met with Hubert Watters, OERR to discuss related Superfund issues. 3. On February 3, Denise Sines, Hotline Project Director met with Bill Foskett, OUST to discuss the 7-Point Justification in support of the Reg-in-a-Box program. 4. On February 4, Don Shosky, Region VIII, On-Scene Coordinator briefed the RCRA/Superfund Hotline on OSC activities and authorities. 5. On February 12, Denise Sines, Hotline Project Director and Laurie Huber of the RCRA/Superfund Hotline met with Jay Evans, ICF, to discuss the development of Summary Document UST Final Rule in support of the ODST program. 6. On February 17, Stephanie Bergman, OUST briefed the RCRA/Superfund Hotline to discuss "Financial Responsibility for Hazardous Substance USTs". 7. On February 17, the RCRA/Superfund Hotline viewed the "For Your Family's Sake" videotape. 8. On February 23, Laurie Huber of the RCRA/Superfund Hotline met with Dem Cowles of the D.S. Conference of Mayors to discuss the development of quick reference for local officials for managing USTs in support of the OUST program. 9. On February 26, Jim Craig and Mike Burns of OSW briefed the Hotline on Biennial Reporting and Waste Minimization Reporting. -9- ------- B. Emergency Planning and Community Right-to-Know Hotline Activities 10. On February 2-3, the Title III Hotline staff attended the meeting with Regional PS/OTS/Outreach personnel to discuss the status of Title III activities. 11. On February 9, Minda Sarimento and Robert Costa of the Title III Hotline, attended the TRI Committee meeting on the status of Section 313 activities. 12. On February 16, Robert Costaof the Title III Hotline attended the Title III Workgroup meeting on the status of Title III activities. 13. On February 17, Cathy Bishop of the Preparedness Staff briefed the Title III Hotline on EPA's Draft Indian Policy on Title III. 14. On February 23, Brian Littleton of the Title III Hotline attended the TRI Committee meeting on the status of Section 313 activities. 15. On February 23, the Title III Hotline staff attended the Preparedness Staff meeting. 16. On February 25, John Ferris of the Title III Hotline attended the National Response Team (NRT) Meeting on the status of Federal Emergency Preparedness and training activities. 17. On February 26, Minda Sarimento and Robert Costa of the Title III Hotline attended the Preparedness Staff Conference Call with the FEMA/EPA Regional Preparedness Coordinators on the status of Title III activities. -10- ------- Grand Total: 12,842 III. ANALYSES OF QUESTIONS SUMMARY OF CALLS BY GEOGRAPHIC DISTRIBUTION (EPA Regions): 1 5.6 3 24.0 5 17.1 7 3.4 6 10.8 9.6 INTERNATIONAL CALLS 12.6 9.2 8 4.1 10 3.1 0.2 Manufacturers Generators Transporters TSDF's EPA HQ EPA Reqions Federal Agencies 5.3 16.5 1.2 7.4 1.1 2.3 2.6 State Agencies Local Agencies Used Oil Handlers UST O/O Consultants Attorneys Laboratories 4.5 1.6 0.8 4.3 31.1 8.0 1.5 RCRA Univ . /Researchers Trade Associations Insurance Co Environmental Groups Press Citizens Other 2.2 0.4 0.4 0.4 0.6 5.7 1.2 General Information 3010 Notification 260.10 Definitions 260.22 Petitions/Delisting 261.2 Solid Waste Definition 261.3 261 C 261 D 261.4 261.5 261.6 261.7 262 525 264/265 TSDF 108 40 253 Hazardous Waste Definition 385 Characteristic HW 570 Listed HW 517 Exclusions 170 Small Quantity Generators 110 Recycling Standards 119 Container Residues 62 Generator - General 196 100-1000 kg/mo 77_ Manifest Info 97 Accumulation 157 263 266 C 266 D 266 E 266 F 266 G Recordkeeping & Reporting 171 International Shipments 25 Transporters 58 Use Constituting Disposal 11 HW Burned for Energy Recovery 99 Used Oil Burned for Energy Recovery_ 108 Precious Metal Reclamation 20 Spent Lead-Acid Battery Reclamation 24 Subtitle D 127 Used Oil - General Household Hazardous Waste_ Dioxins 54 36 Mixed Radioactive Waste Asbestos/PCBs/Radon Infectious Waste 29 133 A B C D E F G H I J K L M N O P - Scope /Applicability - General Facility Standards - Preparedness/Prevention - Contingency Plans - Manif est/Recordkeeping/Reporting - Ground Water Monitoring - Closure/Post Closure - Financial Requirements - Containers - Tanks - Surface Impoundments - Waste Piles - Land Treatment - Landfills Liquids in Landfills - Incinerators - Thermal Treatment 127 39 13 14 24 95 105 118 40 153 101 6 9 34 25 60 3 Q - R - X - 268 269 270 Chem, Phys, Biol Treatment Underground Injection Miscellaneous - General Solvent & Dioxins California List Wastes_ Scheduled Thirds 271 124 Air Emission Standards A - General B D F G - Interim Status/LOIS State Programs Permit Application Changes to Permits Special Permits - Administrative Procedures Liab i1ity/Enforcement_ Corrective Action Waste Minimization Minimum Technology 27 DOT Requirements 100 78 61 13 OSHA Requirements/HW Training Test Methods/HW Technologies RCRA Document Requests SUBTOTAL 32 142 117 110 55 "12 J75 41 22 21 39 101 15 36 108 1,246 7,920 -11- ------- UNDERGROUND STORAGE TANKS CERCLA General 280.10 Applicability 280.11 Interim Prohibition 280.12 Definitions - General UST Requlated Substance 280 B New UST Systems - General 280.20 Performance Standards 280.21 Upgrading 280.22 Notification 280 C General Operating Requirements 280 D Release Detection 280 E Release Reporting and Investigation 280 F Corrective Action - Petroleum 280 G Corrective Action - Hazardous Substances 280 H Out-of -Service/Closure 280 I Financial Responsibility 281 State UST Programs Liability Enforcement LUST Trust Fund Other Provision UST Document Requests UST SUBTOTAL 1, Referrals - EPA - HQ - Other Hotlines - Regions - State - GPO/NTIS/PIC ORD/Dockets - Other SUBTOTAL 1, Written Request Responses: Referred to EPA Program Offices Referred to other Federal Agencies 280 89 38 28 40 23 15 19 13 32 18 63 19 24 9 50 48 23 13 12 12 7 391 266 206 292 153 209 582 148 590 174 Referred externally (states, organization, Response Form Sent Response Form Sent/FOIA Form Letter Sent/Need more info Requests filled - RCRA - CERCLA - UST SUBTOTAL General SARA General Access & Information Gathering Allocations from Fund/ Fund Balancing/Grants CERCLIS/103 Notification Citizen Suits Clean-Up Standards /ARARs/ How Clean Is Clean Contractor Indemnification 154 61 4 24 113 7 61 7 Contracts/Contract Lab Program 52 Exposure Assessment/ Public Health Evaluation 40 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 Remedial Removal RI/FS RODs/Clean-Up Costs Settlements SITE Program State Participation Taxes Title III /Right -To-Know Other Provisions CERCLA Document Requests CERCLA SUBTOTAL 1 16 5 etc) 25 3 125 174 22 29 31 212 37 94 2 3 4 53 17( 22 9 18 12 4 5 36 22 42 40 28 20 18 19 78 16 317 ,892 TOTAL CALLS, DOCUMENT REQUESTS AND REFERRALS 12,842 -12- ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report For February 1988 Total Calls 4761 Written Responses_ 82 Distribution of Calls by EPA Regions: 1 2 3~ 77 / '0 14% 17% 4 5" 6" 14% 25% 7% Callers; Manufacturers Distributors Handlers Attorneys Consultants/Engineers Laboratories Trade Associations Public Interest Groups_ Universities/Academia Insurance Companies Hospitals 7 8" 9" 52% 2% 1% 5% 11% IT 1% 2T 0.30% 1% 4% 3% 6% 10 2% International; 0.13% Unknown: 2% 4% State Agencies Fire Depts. 1% EPA 2%" Local Officials 5% Farmers 0.75T Federal Agencies Media/Press Union/Labor 0.20% Citizens TT Other 0.63% 1% 1% 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 Reportable Quantities RQ's vs. TPQ's SEC. 311/312: General MSDS Reporting Regulations Tier I/II Regulatoins Thresholds 310 113 136 72 76 15 2 22 230 63 51 38 25 493 244 1087 465 CERCLA vs. Sec. 304 Transportation Exemptions Haz. Categories Mixtures Exemptions 41 8 7 217 202 226 -13- ------- Sec. 313; General " 703 Thresholds 60 Public Meetings 0_ Mass Balance Study Trade Secrets 54 Enforcement 20 CEPP: Interim Guidance 427 Tech. Guidance Chemical Profiles 9 N'RT - 1 86 Teleconference Q_ Title III Workshops Other 51. Document Requests 1858 # of Documents Requested 3741 Referrals; OTS (Section 313)__ 5 RCRA/Superfund Hotline 56 OSHA 48 Regional EPA 8_ Preparedness Staff Q__ Other 70_ -14- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3112 IV. PUBLICATIONS - February 1988 RCRA "Notification of Hazardous Waste Activity," EPA #8700-12 OOP is available by referring callers to the Regions. "RTC: Wastes from Extraction and Benefication of Metallic Ores, Phosphate Rock, Asbestos, Overburden from Uranium Mining and Oil Shale," is available through the National Technical Information Service (NTIS). NTIS's telephone number is (703) 487-4860. "Final RCRA Civil Penalty Policy," dated May 8, 1984, is available via the RCRA/Superfund Hotline. "Chemical Activities Status Report/Toxic Integration Information Series," is available from NTIS. The order number is PB842-139-58. The cost is $38.95. "The Hazardous Waste Incineration Permitting Study," is available from NTIS. The order number is PB87-202-420. "The Solid and Hazardous Waste Report for FY'87," is available via the RCRA/Superfund Hotline. CERCLA The "Record of Decision (ROD) Update Newsletter," is available from the Public Information Center (PIC), 382-2080. "Superfund Progress Report," may be obtained by routing requests to Karen Ellenberger (WH-562A) in the Assistant Administrator's Office. The "1987 Record of Decision (ROD) Annual Report," is available from NTIS. "The Superfund Advisory" may be obtained by routing requests to Karen Ellenberger (WH-562A) in the Assistant Administrator's Office. Requests for the "Potentially Responsible Party (PRP) Search Manual," should be sent to Dorothy Biggs, EPA/NEIC Library, Bldg. #53, Box 25227, DFC, Denver, CO 80225. "Data Quality Objectives for Remedial Response Activities" (Vols. I and II) are available from NTIS. The accession numbers are Vol. I: PB88-131-370 and Vol II: PB88-131-388. -15- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3112 V. FEDERAL REGISTER NOTICES - February 1988 Former Notices with Open Comment Period January 5, 1988; 53 FR 126 (Illinois-approval of revisions to State program) January 5, 1988; 53 FR 127 (Florida State program revisions; extension of comment period) January 8, 1988; 53 FR 518 (amendments to definition of solid waste) January 13, 1988; 53 FR 850 (proposed rule for reporting hazardous substance activity when transferring Federal real property) Approval of revisions of the Illinois Hazardous Waste Program. Final authorization for the program revisions become effective March 5, 1988. Comments were accepted until February 4, 1988. Notice extending the comment period on Florida's Hazardous Waste Program. Comments were accepted until February 1, 1988. Notice which provides the Agency's interpretation of the decision of the District of Columbia Circuit Court of Appeals on the Agency's to regulate certain secondary materials Mining Congress vs. proposed amendments to present regulations required by the Courts decision. Comments have been extended from February 22, 1988 until May 23, 1988. The rule proposes to require a notice to be included in each contract transferring Federal real property. The proposed rule fulfills the statutory requirements under Section 120(h) of CERCLA as amended by SARA. Comments on the proposal were accepted until February 12, 1988. authority hazardous (American EPA); and -16- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3112 February Federal Regis_te_r_jj_otices January 14, 1988; 53 FR 911 (proposed rule, re-opening of comment period) February 5, 1988; 53 FR 3446 (petition to extend certain land disposal restrictions) February 8, 1988; 53 FR 3644 (lodging of consent decree to under CERCLA) February 9, 1988; 53 FR 3818 (proposal of financial assurance requirements for hazardous substance tanks) February 9, 1988; 53 FR 3796 (lodging of consent decree under RCRA) February 10, 1988; 53 FR 3894 (hearing date and location) February 10, 1988; 53 FR 3948 (lodging of consent decree under CERCLA) The notice re-opens the comment period on a proposed rule under TSCA Section 4 that requires testing on 73 chemicals which are Appendix VIII hazardous constituents of Part 261 of 40 CFR. The comment period was re- opened until February 16, 1988. Notice which petitions for a case-by-case extension of the effective date of the land disposal restrictions on certain corrosive waters. The proposed consent decree requires the Manville Sales Corp. implement and fund remedial action at the defendants production facility in Waukegan, IL. In the ANPRM comments and information are sought regarding approaches to financial assurance requirements for hazardous substance underground tanks. The proposed consent decree requires the Paxton Landfill Corp. and Stryker International Inc. to perform an environmental study of the Paxton II section of the landfill located in Chicago, IL. Notice providing date and location of proceedings to determine if North Carolina's hazardous waste program approval will be withdrawn. The proposed consent decree requires the defendants pay $2 million to the State of Rhode Island and the U.S. EPA. -17- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3112 February Federal Register Notices (Cont'd) February 11, 1988; 53 FIR 4070 (request for public comment) February 11, 1988; 53 FR 4085 (lodging of consent decree under CERCLA) February 12, 1988; 53 FR 4280 (initial list of Federal facilities to be included in the docket) February 18, 1988; 53 FR 4850 (correction to final rule) February 18, 1988; 53 FR 4850 (notice of State schedule for compliance) February 22, 1988; 53 FR 5195 (notice of proposed rulemaking; extension of comment period) February 23, 1988; 53 FR 5298 (request for public comment) This notice requests comments on the proposed DeMinimis settlement in accordance with Section 122(1)(1). The 276 parties will pay an estimated $11 million concerning Cannon's Engineering Corp. four (4) sites in New England. The proposed consent decree will settle litigation between U.S. and Shell Oil Company over the clean up of the Rocky Mountain Arsenal near Denver, CO. Notice provides initial list of Federal facilities included in the docket as required by SARA Section 120(c) . The rule provides correction to Table I of Appendix IX of Part 261 changing the location of a Reynolds Aluminum Company site for Portageville, ME to Sheffield, AL. The notice provides Indiana's compliance schedule for adopting program modifications for Section 3006(f) of HSWA. Notice extends the comment period on the proposed redefinition of solid waste from February 22, 1988 to March 23, 1988. The notice solicits comments on the "Interim Guidance on Notice Letters, Negotiations, and Information Exchange." Comments must be submitted to the Agency on or before April 25, 1988. -18- ------- RCRA/Superfund Hotline National Toll Free #800-424-9346, Washington, D.C. Metro #202-382-3112 February Federal Register Notices (Cont'd) February 24, 1988; 53 FR 5298 (final rule) February 25, 1988; 53 FR 5573 (correction to and clarifica- tion of final rule) February 29, 1988; 53 FR 6059 (correction of proposed rule) The final rule promulgates a regulation which extends the applicability of the consolidated rules of practice governing the administrative assessment of civil penalties and the revocation and suspension of permits to enforcement actions taken pursuant to Section 9006 of SWDA. The rule is effective March 25, 1988. The rule corrects and clarifies a denied delisting petition. It specifically addresses omissions associated with the Monroe Auto Equipment Company's delisting petition. The notice provides a correction to the proposed amendment to the definition of solid waste. -19- ------- Martha Anderson, DORM Oevereaux Barnes, WH-5628 Jim Barrett, GRC Frank Biros, WH-527 George Bonina, WH-563 Susan 8ro««, WH-563 Karen Brown, PM-22Q John Bosky, EPA- Kansas City Diane Buxbaua, Region 2 Fred Chanaoia, IE-132S Richard Clarizio, Region 5 Kathy Col 1 ier, RIP, NC Peter Cook, WH-527 Elizabeth Cotsworth, WH-563 Wayne Crane, PM-273F Hans Cruap, WH-5488 Gordon Davidson, WH-527 Elaine Davies, WH-562 Truett OeGeare, WH-563 Jeffery Oenit, WH-562 Melinda Downing, DOE Karen Ellenberger, WH-562A Ti« Fields, WH-5488 Lisa Friedaan, LE-132S George Garland, WH-563 John Gilbert, EPA-Cin. OH Lloyd Guerci, WH-527 Matt Hale, WH-563 Lynn Hansen, WH-562 Penny Hansen, WH-562 Bill Hanson, WH-548E Betti Harris, EPA, Region 7 Cheryl Hawkins, WH-548 Irene Homer, WH-595 Barbara Hostage, WH-5488 Hotline Staff Phil Jalbert, WH-548D Alvin K. Joe, Jr., GRC Gary Jonesi, WH-562 Ji» Jowett, WH-548B Thad Juszczak, WH-562A Toni Kennedy, (ASTSWMO) Robert Knox, WH-562 Jack Kooyonjian, WH-548B Mike Kosakowski, WH-527 Walter Kovalick, WH-548 Tapio Kuus^nen, PM-223 Steve Leifer, LE-134S Steve Levy, WH-565 Henry Longest, WH-548 Sylvia Lowraoce, MH-562 Gene Lucero, WH-527 Jaaes Makris, WH-562A Joseph Hartone, A-104 Jack McGraw, WH-562A Scott McPhilaay, Region 3 Royal Nadeau, Region 2 Mike Petruska, WH-562B Carl Reeverts, WH-550E John Riley, WH-5488 Mike Riley, PM-214F Suzanne Rudzinski, WH-563 Dale Ruhter, WH-565 Will \am Sanjour, WH-563 Pa« Sbar, LE-134S Mike Shannon, WH-563 Ken Shuster, WH-565 Elaine Stanley, WH-527 Jack Stanton, A-101 Anastasia Watson, WH-562B Bruce Weddle, WH-563 Steve Willhela, Region 7 Dan Yuraan, 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 - 20 - ------- |