UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 530R88106 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: Final Monthly Report - RCRA/Superfund Industry Assistance Hotline and Emergency Planning and Community Right-To- Know Hotline Report for June 1988 FROM: Thea McManus, Project Officer •/ \ YVU-'-*- DCT/II*C"I\ /r""r> Office of Solid Waste \ ft EL O CL I \ ' E D Hubert Watters, Deputy Project Officer Office of Emergency and Remedial Response ENVIRONMENT AL PRO I tfllUN TO: See List of Addresses UBRARY' fi£ULN V This report is prepared in submitted in support of Contract #68-01-7371. I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES - JUNE 1988 A. RCRA Program 1. Hazardous Waste Tanks .<• An above ground tank was installed in 1976 and used to store product diesel fuel. In 1979 the tank ceased to store product and was used for hazardous waste storage. For purposes of 40 CFR 264.193 requirements, is the age of the tank calculated from 1976 or 1979? The 1976 date should be used. The primary cause for tank failure, i.e., external corrosion, acts on the tank regardless of what substance is stored in the tank. Thus, the older the tank the higher the probability of failure. Likewise, although perhaps not in the same degree, many other modes of failure of tanks become increasingly probable with an increase in age of the tank. Because the intent of the regulation is to ensure secondary containment for aging tanks, the age of the tank itself, and not the time for which it has been subject to hazardous waste regulation is pertinent. Source: Bill Kline (202)382-4623 Research: Laurie Huber ------- 2. Cement Kiln Dust Waste Exclusion One of the preparatory steps for making cement involves the crushing of limestone. Would the washwater from rinsing off the limestone crushing equipment meet the cement kiln dust waste exclusion in 40 CFR 261.4(b)(8)? No, only waste directly from a cement kiln is excluded under Section 261.4(b)(8). Wastes from the crushing of limestone or other preparatory operations in making cement would not meet the exclusion. Although the washwater is not exempt under Section 261.4(b)(8), it is most likely exempt under Section 261.4(b)(7) as "solid waste from the extraction, beneficiation and processing of ores and minerals...." Limestone is considered a mineral and the crushing of it is considered beneficiation. Source: Pat Pesacreta (202) 382-7915 Research: Renee Pannebaker Kiln Feed Trough Product/Ash Collection Trough ------- 3. Household Hazardous Waste As a part of a consent decree, a firm which caused a plume of ground-water contaminated with RCRA listed waste, is required to install carbon filters in all affected homes with water wells. When the firm returns to change these filters, they wish to collect and ship them for regeneration. Will these filters be covered by the household hazardous waste exclusion in Section 261.4(b)(l)? Yes, Section 261.4(b)(l) defines "household waste" as any material derived from households. Since the carbon filter was installed in a home, it is household waste when removed. There is no significant difference between filters installed by the firm and ones installed by a homeowner on his own initiative. The household hazardous waste exclusion would apply to the filters when they are sent for regeneration. Source: Carrie Wehling (202) 382-7706 Research: Randall Eicher 4. Hazardous Waste Tanks—Installation/Certification of Secondary Containment The owner of an interim status hazardous waste storage facility is installing secondary containment on his tanks which were in existence and in use before July 14, 1986. If installation occurs after July 14, 1986, must it be certified by an independent installation inspector or independent registered professional engineer? If a piece of ancillary equipment, such as a pump or valve, needs to be replaced, must the replacement also be certified by an independent installer or engineer? The standards in 40 CFR 264(5). 192 require that the correct installation of new tank systems or components be certified by an independent registered professional engineer or independent qualified installation inspector. The Agency's intent in promulgating this provision was that such a certification provides EPA with a means of knowing that hazardous waste tank systems were initially installed in a correct manner. EPA was concerned that many tank systems were being improperly installed thereby resulting in failure of the tank, piping, etc. The failures were of particular concern because in the absence of secondary containment many of these releases could go undetected indefinitely. ------- 4. Hazardous Waste Tanks—Installation/Certification of Secondary Containment (Cont'd) Proper installation on new tank systems and components is an ongoing concern to the Agency. However, it was not EPA's intent that every minor or routine replacement of a tank system component need recertification each time it is replaced. Replacement of valves, pumps, or even small sections of piping were not envisioned as needing recertification since they do not affect the structural integrity of the tank system. Rather, the Agency intends this requirement to apply to components affecting the system's structural integrity, e.g., the more major, non-routine and complex retrofit/replacement tasks. For example, the installation of new tanks including reinstallation of existing tanks, the installation of new secondary containment systems, and the replacement of extensive piping are relatively complex tasks that are critical to structural integrity and require oversight to ensure proper installation. This oversight is supplied by the independent registered professional engineer or independent qualified installation inspector. It is not feasible for the Agency to lay out a detailed menu of the items that do or do not need certification of installation. Facility owners and operators should contact the appropriate EPA Regional or State authorities to determine which new tank system components need certification of proper installation. Source: Bill Kline (202)382-7917 Research: Becky Cuthbertson 5. Hazardous Waste Tanks/Containers — Capacity of Secondary Containment A hazardous waste storage facility is in the design stage. The owner/operator is designing the storage area for both hazardous waste tanks, and hazardous waste containers. A vault system will be designed to fulfill the requirements of secondary containment. The vault system will have sufficient capacity to contain 100% of the largest tank within its boundary. Hazardous waste containers will also be managed inside the vault system. The containers must be provided with a containment area which has sufficient capacity to contain 10% of the volume of containers, or the volume of the largest container, whichever is greater. The vault system, as designed for the hazardous waste tanks, has sufficient capacity in excess of the 10% container requirement. Must the owner/operator design the vault system for 100% of the largest tank plus 10% of the largest container, or will the 100% capacity supplied for the tanks also fulfill the containment requirement for the containers? ------- 3- •»». — CD C ..-••.-••.-•..-••.-••.•••.•••. * g 0) tt> Q •:•••':••::••::••::••:••::••• ...-..•..•..•. » ? 3 a c •.•.•.•.•••.•.• ••;.•••.•.•••.•.•.•.•.•.•;.• ^iifes|ttl"s§iigs? I 0) 5' ------- 5. Hazardous Waste Tanks/Containers — Capacity of Secondary Containment (Cont'd) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment is required for new hazardous waste tanks per Section 264.193. Container storage areas are also required to have secondary containment which will meet these same goals per Section 264.175(b)(3). Hazardous waste tanks, using a vault system, must be supplied with a volume equal to 100% of the largest capacity per Section 264.193(e)(2)(i). The container storage areas must be supplied with a volume of secondary capacity equal to 10% of the volume of containers or volume of the largest container, whichever is greater. As long as the vault system has sufficient capacity to hold 100% of the largest tank inside the system, and that volume is greater than the amount of secondary containment required for the container storage area, both requirements have been fulfilled. The owner/operator would not have to supply the summation (i.e., 110%) of the required volumes for the secondary containment system. Source: William Kline (202)382-7924 Research: Craig Campbell B. CEPP 6. Enforcement: Section 313 of Title III Can the information required in Form R be used for criminal prosecution of the submitters of that information? The Title III law contains no reference which states that the information cannot be used for this purpose. Therefore, unless there is some other law which takes precedence in this case, the Form R information may be used for this purpose. Source: Jim Nelson (202)382-7213 Research: Jim Buchert 7. Section 313: Motor Vehicle Use Exemption A single company owns many facilities which are required to report under Section 313. The company stores gasoline at one of the facilities. The gas is used by trucks from all of the facilities, which come to the central location for ------- 7. Section 313: Motor Vehicle Use Exemption (Cont'd) fuel and then leave. Is the gas in the storage tank exempt because it is used to maintain motor vehicles even though they are operated from different facilities? Since those trucks are being driven to the one facility site to be fueled, they can be considered as being operated by that one facility. Therefore, the gasoline stored and used by that one facility would be exempt from being reported as long as the toxic chemical is used to maintain a motor vehicle operated by the facility as per 40 CFR Part 372.38(c)(4). Source: Section 313 Interpretation Group Research: Jim Buchert John Ferris 8. Section 313: Article Exemption A facility has a PCB transformer on site which they use for energy. During the calendar year 1987, the PCB was removed from the transformer and disposed of. Is the amount of PCB removed for disposal used to determine if the threshold has been met and for release reporting purposes? If the facility removes the entire transformer including the PCB laced oil as an article, the amount of PCB in the article would not be included in Section 313 threshold and release reporting. According to 40 CFR Part 372.38(b), if a toxic chemical is present in an article at a covered facility, a person is not required to consider the quantity of the toxic chemical present in such article when determining whether an applicable threshold has been met or determining the amount to be reported as a release. If the facility removes the PCB laced oil from the article, this removal would negate the article exemption. To determine if the facility exceeds a threshold, the operator of the facility shall count the amount of the chemical added to the recycle/reuse operating during the calendar year (40 CFR Part 372.25(e)). If a facility has a transformer leaking the PCB laced oil, this leaking would also negate the article exemption. To determine if the facility exceeds a threshold, again, the owner or operator of the facility shall count the amount of the chemical added to the recycle/reuse operation during the calendar year. ------- 8. Section 313: Article Exemption (Cont'd) The facility would be "otherwise using" the PCB added to the transformer (ancillary use). Only the amount of PCB added to the transformer needs to be aggregate for threshold determination, and the facility will most likely not be adding PCB laced oil to the transformer. Therefore, it is unlikely that the facility will exceed the 10,000 pound "otherwise use" threshold. The facility, therefore, would not be required to report releases of the PCBs for Section 313. If however, the facility exceeds the 10,000 pound threshold and needs to report PCBs, the PCBs removed from the transformer and sent off-site for final disposal would be a reportable release. Source: Section 313 Interpretation Group Research: Kim Jennings John Ferris 9. Section 313: Toxic Release Inventory Database Will Titanium Dioxide submissions for Form R, that were submitted prior to the June 20,1988 delisting, be entered into the public database? All Form R's received at the Reporting Center will be entered into the database. This would include any Titanium Dioxide submissions received despite the June 20th delisting of this chemical. Source: Doug Sellers (202) 382-3598 Research: Minda Sarmiento ------- II. ACTIVITIES-JUNE 1988 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-Know Hotline responded to 21,333 questions and requests for documents in June. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls Call Document Requests Written Document Requests Referrals 6,800 496 122 1,102 1,428 165 1,002 304 5,051 = 14,281 1,829 = 2,794 2,889 = 3,011 145 = 1,247 Totals 8,520 1,593 1,306 9,914 =21,333 A. RCRA/Superfund Hotline Activities 2. On June 1, Denise Sines, Hotline Project Director, met with OSWER and RIC concerning the Hotline publication distribution system. 3. On June 2, Denise Sines, Hotline Project Director, met with Joe Bahnick, OSWER concerning technology transfer. 4. On June 6, Denise Zabinski of OSW briefed the Hotline on Infectious Waste. 5. On June 8, Susan O'Keefe, Allen Maples, Allen Geswein and Paul Cassidy of OSW briefed the Hotline on Subtitle D. 6. On June 8, Denise Sines, Hotline Project Director, and Hubert Watters, Deputy Project Officer, ERD, met with Susan Hartley of the Office of Telecommunications. 7. On June 8, Denise Sines Hotline Project Director, and Craig Campbell, Hotline Information Specialist, met with Mike Mastracci, OSWER concerning the SITE program. 8. On June 14, Denise Sines, Hotline Project Director, met with Hubert Watters, Deputy Project Officer and Barbara Hostage, ERD concerning Hotline operations. 9. On June 14, Laurie Huber of the RCRA/Superfund Hotline, attended the OUST Staff meeting. 10. On June 21, Denise Sines, Hotline Project Director, delivered a presentation during the Ombudsman National Conference. ------- A. RCRA/Superfund Hotline Activities (Cont'd) 11. On June 22, Laurie Huber, RCRA/Superfund Hotline, attended the OUST "Franchise Seminar." 12. On June 22, Denise Sines, Hotline Project Director, met with OSWER, OIRM and AMS concerning data automation. 13. On June 22, Vanessa Musgrave of OERR briefed the Hotline on Superfund Community Relations. 14. On June 30, George Kleevic of the RCRA/Superfund Hotline briefed the Hotline on the SPCC Task Force Report and the Ashland Oil Spill. B. Emergency Planning and Community Right-to-Know Hotline Activities 15. On June 1, 14, and 28, the Title III Hotline staff attended the Preparedness Staff meeting. 16. On June 1 and 2, Kim Jennings of the Title III Hotline attended the Information Management Workshop in Atlantic City, New Jersey, on Title III Information Management issues. 17. On June 3 and 10, Kim Jennings of the Title III Hotline attended the Phase II Steering Committee meeting on the status of Section 313/Phase II activities. 18. On June 6, Kim Jennings of the Title III Hotline attended the conference call with the FEMA/EPA Regional Title III Coordinators on status of Title III activities. 19. On June 7, Jon Roland and Robert Costa of the Title III Hotline staff attended the Title III Workgroup meeting on the status of Title III activities. 20. On June 8, Anita Bartera and Robert Costa of the Title III Hotline attended the Title III Outreach Subcommittee meeting on the status of Title III Communications Strategy. 21. On June 8, 9, 10, 15 and 20, John Ferris of the Title III Hotline attended the Section 313 Interpretation Subgroup meeting on the status of outstanding issues. 22. On June 9, Denise Sines, Hotline Project Director, met with OSWER concerning the Title III Hotline. ------- B. Emergency Planning and Community Right-to-Know Hotline Activities (Cont'd) 23. On June 9, 14, 21 and 28, Denise Sines, Hotline Project Director and Robert Costa, Hotline Team Leader, met with Anastasia Watson, Preparedness Staff Program Liaison and Lawrence Pratt, OTS, concerning weekly status of the Title III Hotline. 24. On June 14, Denise Sines, Hotline Project Director, and Robert Costa, Hotline Team Leader, met with Anastasia Watson, Preparedness Staff, and Jan Beardon and Lawrence Pratt, OTS, concerning Section 313 Phase III initiatives. 25. On June 21, Anita Bartera of the Title III Hotline attended the Title III Workgroup meeting on the status of Title III activities. 26. On June 28, John Ferris of the Title III Hotline attended the OTS meeting on applicability of farms for Section 313 reporting. 27. On June 29, Denise Sines, Hotline Project Director, met with OSWER concerning future trends for the Title III Hotline. 10 ------- III. ANALYSES OF QUESTIONS - June 1988 Grand Total = 11,419 RCRA/Superfund Hotline Summary of Calls by EPA Region Reqion 1 Region 2 Region 3 Region 4 Region 5 Region 6 Calls Manufacturers Generators Transporters TSDFs EPAHQ EPA Regions Federal Agencies State Agencies Local Agencies Used Oil Handlers USTO/O General Information §3010 Notification §260.10 Definitions §260.22 Petitions/Delistina §261.2 Solid Waste Definition §261 .3 Hazardous Waste Definition §261 C Characteristic Haz. Waste §261 D Listed Haz. Waste §261.4 Exclusions §261.5 Small Quantity Generators §261.6 Recycling Standards §261.7 Container Residues §262 Generator-General §262 100-1000 titfmo §262 Manifest Information §262 Accumulation §262 Recordkeepinq & Reoortina §262 International Shipments §263 Transporters 6% 10% 24% 10% 1 7% 9% 5% 14% 1% 6% 1% 3% 3% 4% 1% 1% 7% 529 150 99 54 204 332 645 584 168 142 117 42 151 69 85 130 43 28 62 Region 7 Region 8 Region 9 Region 10 International Calls Consultants Attorneys Laboratories Univ ./Researchers Trade Associatons Insurance Co.'s Environmental Groups Press Citizens Other §266 C Use Constituting Disposal §266 D HW Burned for Energy Recovery §266 E Used Oil Burned for Energy Recovery §266 F Precious Metal Reclamation §266 G Spent Lead— Acid Battery Reclamation Subtitle D Used Oil - General Household Haz. Waste Dioxins Mixed Radioactive Waste Asbestos/PCBs/Radon Infectious Waste Liability/Enforcement Corrective Action Waste Minimization Minimum Technology 4% 5% 1 1% 4% 0% 30% 9% 2% 3% 0% 0% 0% 1% 4% 1% 1 3 78 95 1 8 1 7 157 1 12 31 27 29 123 88 65 83 26 26 11 ------- RCRA §264/§265 TSDF A Scope/Applicability B General Facility Standards C Preparedness/Prevention D Contingency Plans E Manifest/Recordkeeping/Reportinc F Ground-Water Monitoring G Closure/Post Closure H Financial Requirements 1 Containers J Tanks K Surface Impoundments L Waste Piles M Land Treatment N Landfills Liquids in Landfills 0 Incinerators P Thermal Treatment CERCLA General SARA General Acces and Information Gathering Allocations from Fund/Fund Balance/Grants CERCLIS/§103 Notification Citizen Suits Clean-Up Stds./ARARs/ How Clean Is Clean Contractor Indemnification Contracts/Contract Lab Proqram Exposure AssessVPublte Health Evaluation Definitions Enforcement Federal Facilities Haz. Substances/RQs MRS Liability/PRPs Mandatory Schedules Natural Resource Damages 126 45 22 31 21 1 1 1 1 15 40 58 115 80 1 9 21 60 25 53 7 119 28 5 12 108 5 53 10 1 3 33 9 24 8 179 37 97 0 7 Q Chem., Phys., Biol Treatment R Underground Injection X Miscellaneous §268 General §268 Solvent & Dfoxins §268 California List Wastes §268 Scheduled Thirds §269 Air Emission Stds. §270 A General §270 B Permit Application §270 D Changes to Permits §270 F Special Permits §270 G Interim Status/LOIS §271 State Programs §124 Administrative Procedures DOT Requirements OSHA Requirements/HW Training Test Methods/HW Technologies RCRA Document Requests SUBTOTAL 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 lll/Riqht-to-Know Other Provisions CERCLA Document Requests CERCLA Subtotal 5 9 36 198 124 86 217 1 6 60 80 30 1 5 49 106 4 31 31 132 496 7.296 2 36 283 1 7 7 8 1 1 2 15 16 1 1 43 60 1 7 22 9 8 100 1 4 165 1 ,593 12 ------- Underground Storage Tanks General §280.10 ADDlicabilitv §280.11 Interm Prohibition §280.12 Definitions - General UST Regulated Substance §280 B New UST Systems - General §280.20 Performance Stds. §280.21 Upgrading §280.22 Notification §280 C General Operating Reg. §280 D Release Detection 349 157 35 33 29 21 21 15 1 2 26 1 9 35 §280 E Release Reporting and Investigation §280 F Corrective Action Petroleum 13 35 §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 Provisions UST Document Requests UST Subtotal 1 4 65 53 23 1 4 4 6 23 304 1 .306 TOTAL CALLS, DOCUMENT REQUESTS and REFERRALS 11,419 Referrals Referrals - EPA HQ 88 Other Hotlines Regions State GPO/NTIS/PIC/ORD/Dockets Other Subtotal 234 97 181 415 87 1,102 Written Request Responses Referred to EPA Program Offices Referred to other Federal Agencies 47 0 Referred externally (state, organizations, etc.) Response Form Sent Response Form Sent/FOIA Form Letter Sent/Need More Info. Requests Filled - RCRA - CERCLA -UST Subtotal 1 0 0 1 0 S3 1.0 2 1 22 13 ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report - June 1988 Totals Total Calls—7,025 Total Call Document Requests—1,829 Total Written Requests-2,889 Distribution of Calls by EPA Regions Region 1 Region 2 Region 3 Region 4 Region 5 International 6% 1 1% 12% 14% 22% 0% Region 6 Region 7 Region 8 Region 9 Region 10 Unknown 6% 5% 2% 17% 1% 1% Manufacturers 20 Food 21 Tobacco 22 Textiles 23 Apparel 24 Lumber & Wood 25 Furniture 26 Paper 27 Printing & Publishing 28 Chemicals 29 Petroleum & Coal 30 Rubber and Plastics 31 Leather 32 Stone, Clay & Glass 33 Primary Metals 34 Fabricated Metals 35 Machinery (Excluding Electrical 36 Electrical & Electronic Eauipmer 37 Transportation Equipment 38 Instruments 39 Misc. Manufacturing Not Able to Determine Distributors Title III General §301-3 Emergency Planning SERCs Notification TPQs Mixtures Extremely Hazardous Substances 3% 0.04% 1% 0.35% 1% 2% 2% 4% 15% 2% 4% 0.21% 2% 2% 14% 2% 5% 2% 0.71% 2% 5% 0.71% 260 99 42 22 27 3 1 14 Handlers Attorneys Consultants/Engineers Laboratories Trade Associations Public Interest Groups Universities/Academia Insurance Companies Hospitals State Agencies/SERC Fire Departments EPA Local Officials LEPC Farmers Federal Agencies Media/Press Union/Labor Citizens Indians Other Delistina EHS Exemptions Training: General §305 Training Grants §305 Emergency Systems Review §126 (SARA) Training Regulations 2% 2% 9% 0.46% 0.48% 0.37% 0.65% 0.20% 0.28% 0.91% 0.38% 0.81% 0.72% 0.95% 0.04% 0.27% 0.51% 0.01% 0.67% 0.03% 1% 16 6 5 1 7 4 14 ------- §31 1/5312 General 205 MSDS Reporting Requirements 5 5 Tier l/ll Regulations 1 1 3 Thresholds 7 1 §313 General 2,321 Form R 1,170 Thresholds 632 Phase II 1 Phase III 1 Workshop (Training) 6 Petitions 232 Health Effects 3 Database 1 7 Mass Balance Study 1 Document Requests 1,125 Referrals OSHA 40 Preparedness Staff 1 OTS Staff 1 RCRA/Superfund Hotline 2 9 Regional EPA 8 TSCA Hotline 4 Other 6 2 Total Referrals 145 Document Requests: 1,829 No. of Documents Requested: 3,715 OS HA Expansion 8 8 Hazard Categories 1 8 Mixtures 25 Exemptions 44 CEPP: Interim Guide 1 Chemical Profile 2 NRT-1 21 Hazard Analysis 5 1 Risk Communication 0 Title III Workshops 1 Information Management 3 Prevention ARIP 0 Other 4 8 Trade Secrets 2 3 Enforcement 2 5 Liability 1 Release Notification General 5 0 Notification Requirements 1 6 Reportable Quantities 23 RQsvs.TPQs 1 1 CERCLA vs. §304 2 9 Transportation 4 Exemptions 2 15 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 IV. PUBLICATIONS-JUNE 1988 RCRA The following documents may be obtained through the National Technical Information Service (NTIS) at 703/487-4650: "Background Document for First Third Wastes to Support 40 CFR Part 268 Land Disposal Restrictions (First Third Waste Volumes, Characteristics, and Required and Available Treatment Capacities—Part II)." The publication number is PB88-213368 and the cost is $25.95. "Alternate Concentration Limit Guidance Based on Section 264.94(b) Criteria, Part II—Case Studies." The publication number is PB88-214-267 and the cost is $44.95. "Background Document for First Third Wastes to Support 40 CFR Part 268 Land Disposal Restrictions (Proposed Rule) Part 1." The publication number is PB88-217575 and the cost is $19.95 paper/$6.95 microfiche. Report to Congress entitled, "Study of Joint Use of Vehicles for Transportation of Hazardous and Non-Hazardous Materials" is available from ORD. The document number is EPA/540-01-87-001. A copy of the EPA-DOE model language for interagency agreements has been sent to the EPA Regions. "Time Requirements for the Siting, Permitting, and Construction of New Hazardous Waste Treatment Facilities," which is referenced in the background document for the "first third" wastes is in the land disposal restrictions docket #7, document #367, and is available from the RCRA Docket. 16 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 RCRA (Cont'd) The following documents are available through the Public Information Center (PIC) at 202/382-2080: Background Information: National Priorities List, Proposed (Update #7/RCRA Rules. The order number is HW-10.3. National Priorities List, Supplementary Lists and Supporting Materials. The order number is HW-10.3S. Descriptions of 229 Sites in Proposed Update #7 to National Priorities List. The order number is HW-8.13. Descriptions of 43 RCRA Sites Reproposed for the National Priorities List. The order number is HW-8.14. The Washington Post recently referenced a document issued from the Office of Technology Assessment (OTA). This document is entitled, "Are We Cleaning Up" and is available from the Government Printing Office (GPO) at 202/275-6241. The order number is 052-003-001-221 and the cost is $3.75. This same article mentioned a report by NRDC/Sierra Club/HWTC entitled, "Right Train, Wrong Track." CERCLA The Superfund Innovative Technology Evaluation Program: Progress and Accomplishments Report to Congress is available from ORD. The document number is EPA/540-5-88-001. 17 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 V. FEDERAL REGISTER NOTICES - JUNE 1988 Former Notices with Open Comment Period March 22,1988; 53 FR 9358 (solicitation for applications) March 24,1988; 53 FR 9736 (interim final rule with request for comments) April 1,1988; 53 FR 10569 (request for comment) April 19,1988; 53 FR 12868 (proposed rule) April 29,1988; 53 FR 15417 (proposed rule) The notice solicits applications by universities to establish five (5) hazardous substance research facilities. Applications were received until June 27,1988. The interim final rule codifies the pro- visions of Section 117(e) of CERCLA. It establishes a formal procedure for communities near NPL sites to obtain Technical Assistance Grants (TAGs) for $50,000. Comments on the rule were accepted on or before June 22,1988. SARA Section 104(i)(5)(A) authorizes the Agency for Toxic Substances and Disease Registry (ATSDR) to develop toxicological data for relevant chemicals. This notice requested comment by June 30,1988 on eight (8) chemicals nominated for study. The proposed rule provides guidelines for reporting the continuous release of hazardous substances. Comments were accepted on or before June 20,1988. The proposal seeks to grant a petition for delistings submitted under 40 CFR Section 260.20 by VAW of America Inc., of St. Augustine, Florida. Comments were accepted until June 13,1988. 18 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 April 29,1988; 53 FR 15422 (proposed rule) May 2,1988; 53 FR 15624 (proposed rule) May 3,1988; 53 FR 15704 (proposed rule) May 5,1988; 53 FR 16086 (interim final rule) May 12,1988; 53 FR 16918 (lodging of consent decree) May 13,1988; 53 FR 17120 (lodging of consent decree) The proposal seeks to grant a petition for delisting submitted under 40 CFR Section 260.20 by Roanoke Electric Steel Corp. of Roanoke, Virginia. Comments were accepted until June 13,1988. The proposal sets out guidelines for Federal procurement of retread tires. Comments were accepted until June 1,1988. The proposed rule would provide a one-time exclusion from listing of certain retreated solid wastes generated by U.S. Nameplate Co. in Mt. Vernon, Virginia. Comments were received until June 17,1988. This interim final rule authorizes the President to pay up to $10,000 to indivi- duals for information leading to successful prosecution for a criminal violation under CERCLA. Comments will be accepted until September 2,1988. The notice proposes a consent decree pursuant to CERCLA against USX Corp. Comments were received on the decree until June 12, 1988. The notice proposes a consent decree pursuant to CERCLA against Price et. al. Comments were received on the decree until June 12,1988. 19 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 May 16,1988; 53 FR 17228 (notice of intent to delete sites from the NPL; request for comments) May 17,1988; 53 FR 17578 (proposed rule) May 19,1988; 53 FR 17986 (lodging of consent decree) May 19,1988; 53 FR 17987 (lodging of consent decree) May 19,1988; 53 FR 18024 (notice of request for comment) The notice announces EPA's intent to delete three (3) sites from the NPL: 1) Gallaway Pits, Gallaway, Tennessee; 2) Lee's Lane Landfill, Louisville, Kentucky; and (3) Newport Dump, Wilder, Kentucky. Comments concerning these sites were received until June 15, 1988. This notice proposes land disposal restrictions for the First Third Sche- duled Wastes. Comments were received until June 16, 1988. This notice proposes a consent decree pursuant to RCRA against Keystone Consolidated Industries, Inc. Comments were received for 30 days after publication of this notice. This notice proposes a consent decree pursuant to CERCLA against Richard Dingwell d/b/a The McKin Co. et. al. Comments were received for a 30 days after publication of this notice. This notice is a request for comment comment on an alternative strategy for setting dilution/attenuation factors for each of the constituents in the proposed Toxicity Characteristic. This notice also presents revised values and new infor- mation on 14 of the 38 chronic toxicity reference levels in the proposed Toxicity Characteristics. Comments were received until June 5, 1988. 20 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 May 20,1988; 53 FR 18107 (proposed rule) May 23,1988; 53 FR 18359 (lodging of consent decree) May 24,1988; 53 FR 18792 (proposed rule) May 25,1988; 53 FR 18913 (lodging of consent decree) May 31,1988; 53 FR 19805 (advanced notice of proposed rulemaking) This proposed amendment to 40 CFR Section 260.22(b) is a proposed change to the delisting procedure to ensure consistency with HSWA. Comments will be received until July 5,1988. This notice proposes a consent decree pursuant to RCRA against IT Corp. for violations of regulations regarding treatment, storage and disposal of hazardous waste. Comments were received 30 days after publication of this notice. This proposed rule is a revision to the Toxicity Characteristic Leaching Procedure originally proposed on June 13,1986, and promulgated as part of the Land Disposal Restrictions on November 7,1986. This proposed rule consists of changes to the TCLP method (Method 1311). Comments were accepted if submitted on or before June 23,1988. This notice proposes a consent decree pursuant to CERCLA against John R.Cauffman, et. al. Comments were received for 30 days after publication of this notice. This notice announces re-opening of the comment period on the ANRM (dated March 24,1988) for providing technical assistance to grant applicants and recipients with the services of an administrative services contractor. Written comments were accepted on or before June 22,1988. 21 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 Tune Federal Register Notices June 2,1988; 53 FR 20103 (notice of final rule) June 2,1988; 53 FR 20143 (advance notice of proposed rulemaking) June 2,1988; 53 FR 20162 (notice of availability) June 2,1988; 53 FR 20165 (request for public comment) June 2,1988; 53 FR 20140 (notice of availability) The final rule responds to a delisting petition received by the Agency under 40 CFR Section 260.20 for Syntex Agribusiness, Inc. The rule provides a final exclusion for certain solid wastes to be generated at the Denny Farm site in McDowell, Missouri by the EPA Mobile Incineration System. This notice announces the Department of Interior's intent to begin the process of developing a Type A procedure for the Great Lakes environment, and to request specific technical data assistance in the effort. The Department of Interior is also requesting information to assist in determining the scope and technical feasibility of developing type A procedures for other environments and natural resources. Comments will be accepted until July 18,1988. This notice describes the Integrated Risk Information System (IRIS) and provides information on how to access this health risk information database. This notice requests public comment on a proposed settlement under CERCLA Section 122(g) with Cannons Engineering Corp. et al. Comments must be submitted on or before July 5,1988. This notice provides and requests comments on issues pertaining to infectious waste. EPA will accept public comments on the issues posed in this notice until August 1, 1988. 22 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 June 3,1988; 53 FR 20350 (notice of correction and extension) June 6,1988; 53 FR 20738 (proposed rule to delay the closure period for hazardous waste manage- ment facilities) June 7,1988; 53 FR 20845 (notice of correction) June 9,1988; 53 FR 21639 (withdrawal of final rule) June 10,1988; 53 FR 21929 (lodging of consent decree) This notice provides a correction and extends the comment period until June 30,1988 to the April 13,1988 Federal Register (53 FR 12162). The April 13,1988 Federal Register pro- vided a notice of availability of data and requested comments on the scope of the listings for API separator sludge and dissolved air flotation float. Proposal to amend portions of the closure requirements to allow a landfill or surface impoundment to remain open to receive non-hazardous wastes. Conditions applicable to such units are also described in this proposal. Comments will be accepted until July 21,1988. This notice announces a correction to the date and location of the North Carolina hazardous waste program withdrawal proceedings hearing orig- inally announced in the February 10, 1988 Federal Register (53 FR 3984). This notice announces the withdrawal of EPA's final rule in 51 FR 41624 (November 18, 1986) denying McLouthe Steel Product Corp's delisting petition and also announces a policy determina- tion on certain delisting petition models under 40 CFR Sections 260.20 and 260.22. This notice announces a consent decree lodged against Texas Eastern Pipeline Co. pursuant to TSCA, RCRA and CERCLA. 23 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 June 13,1988; 53 FR 22043 (announcement of availability) June 14,1988; 53 FR 22222 (notice of public comment period) July 15,1988; 53 FR 22334 (notice of proposed rule) June 15,1988; 53 FR 22300 (notice of final rule) June 16,1988; 53 FR 22566 (notice of proposed settlement) This notice announces the availability of an interim final guidance manual entitled Alternate Concenctration Limit Guidance: Case Studies. EPA will accept comments until August 12, 1988. This notice requests public comment on a proposed settlement under Sections 122(d)(3) and 122(h)(l) of CERCLA with Davidson Interior Trim/Textron, et al. Comments must be submitted by July 14, 1988. This notice provides a correction to the proposed delisting decision for U.S. Nameplate Co., Inc. which appeared in the Federal Register on May 3,1988. This notice also extends the public comment in that Federal Register until July 29,1988. This final rule issues a test requirement under Section 4 of the Toxic Substances Control Act (TSCA) requiring and/or recommending that manufacturers and processors of 33 chemicals perform testing for human health effects and/or chemical fate in support of the regulations under RCRA. This notice announces a proposed settlement under Section 122(i) of CERCLA concerning the United Riggins and Hawling site in Beltsville, Maryland. Comments must be submitted by July 18,1988. 24 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 June 20,1988; 53 FR 23108 (notice of correction) June 21,1988; 53 FR 23342 (notice of proposed rule; revision of Section 270.62(d)) June 22,1988; 53 FR 23394 (notice of correction) June 23,1988; 53 FR 23661 (notice of proposed settlement under Section 122(h) of CERCLA) June 23,1988; 53 FR 23682 (notice of proposed settlement Section 122(h) of CERCLA) This rule corrects errors in the April 18, 1988, final rule Federal Register (53 FR 12680) addressing final deletions of three (3) sites from the National Priorities List (NPL). This rule proposes to clarify the regulatory language in Section 270.62(d) concerning the submittal of trial burn data prior to permit issuance when information is submitted under Section 270.19(b). This rule corrects the effective date of the interim final rule on citizen awards for information on criminal violations under Superfund appearing in the May 5,1988 Federal Register (53 FR 16086). This rule proposes to grant delisting petitions to Bethlehem Steel Corp. and proposes the use of the fate and trans- port model to evaluate the waste-specific information in this petition. Comments on the delisting petition and the use of fate and transport model in evaluating petition will be accepted until August 8, 1988. This notice announces a proposed settlement under Section 122(h) of under CERCLA with the Southern Lumber Co. , Champion International Corp. and the Masonite Corp. Comments on the proposed settlement will be accepted until July 25,1988. 25 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 June 24,1988; 53 FR 23978 (notice of proposed rule; NPL proposed sites subject to RCRA, Subtitle C corrective action authorities) June 24,1988; 53 FR 23988 (notice of proposed rule; NPL update #7) June 27,1988; 53 FR 24141 (notice of availability) June 29,1988; 53 FR 24496 (notice of proposed settlement) June 30,1988; 53 FR 24699 (final rule) This rule reproposes 13 sites previously proposed on the NPL and proposes to drop 30 sites from the proposed NPL. All 43 sites proposed are subject to the Subtitle C corrective action authorities under the Resource Conservation and Recovery Act (RCRA). Comments on the proposal will be accepted until August 23,1988. This rule is proposing the seventh update to the NPL. Two-hundred and twenty-nine (229) new sites, one (1) expansion, and four (4) previously proposed sites are proposed in this rule. Comments will be accepted until August 23,1988. This notice announces the availability of two external review drafts for public review and comment. The documents involve the updated assessments for 2,3,7,8 Tetrachlordibenzo-p-Dioxin (2,3,7,8-TCDD). The Agency will make these documents available for public review and comment until July 6, 1988. Comments must be postmarked by Notice of a proposed settlement under Section 122(h) concerning the Buckhorn Pesticide site in Buckhorn, North Carolina. Comments will be accepted on the proposed settlement until July 29,1988. This final rule establishes guidelines for the Federal procurement of lubri- cating oils containing re-refined oil. The guidelines implement Sectioon Section 6002(e) of RCRA as amended. 26 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 June 30,1988; 53 FR 24717 This notice sets forth EPA's view (notice of announcement) regarding the Surface Impoundment Retrofitting requirements in Section 3005(j)(l) of HSWA and its effect upon closure requirements. 27 ------- List of Addressees: Devereaux Barnes, OS-330 Jim Berlow, OS-322 Frank Biros, OS-500 George Bonina, OS-310 Susan Bromm, OS-340 John Bosky, EPA- Kansas City Diane Buxbaum, Region 2 Fred Chanania, LE-132S Richard Clarizio, Region 5 Kathy Collier, RTF, NC Elizabeth Cotsworth, OS-343 Wayne Crane, PM-273F Hans Crump, OS-210 Gordon Davidson, OS-500 Elaine Davies, OS-301 Truett DeGeare, OS-301 Bob Dellinger, OS-332 Jeffery Denit, OS-300 Bruce Diamond, OS-500 Melinda Downing, DOE Karen Ellenberger, OS-100 Tim Fields, OS-210 Lisa Friedman, LE-132S George Garland, OS-342 John Gilbert, EPA-Cin., OH Lloyd Guerci, OS-500 Matt Hale, OS-341 Lynn Hansen, OS-305 Penny Hansen, OS-230 Bill Hanson, OS-220 Betti Harris, Region 7 Cheryl Hawkins, OS-200 Steve Hooper, OS-500 Irene Homer, WH-595 Barbara Hostage, OS-210 Hotline Staff Phil Jalbert, OS-240 Alvin K. Joe, Jr., GRC Gary Jonesi, OS-100 Jim Jowett, OS-210 Thad Juszczak, OS-100 Karen Brown, PM-220 Robert Knox, OS-130 Mike Kosakowski, OS-500 Walter Kovalick, OS-200 Tapio Kuusinen, PM-223 Steve Leifer, LE-134S Steve Levy, OS-301 Henry Longest, OS-200 Sylvia Lowrence, OS-300 James Makris, OS-120 Joseph Martone, A-104 Jack McGraw, OS-100 Scott McPhilamy, Region 3 Margaret Milligan, PM-214F Royal Nadeau, Region 2 Mike Petruska, OS-332 Lawrence Pratt, TS-779 Carl Reeverts, WH-550E John Riley, OS-210 Suzanne Rudzinski, OS-343 Dale Ruhter, OS-320 William Sanjour, OS-332 Pam Sbar, LE-134S Mike Shannon, OS-310 Mike Shapiro, TS-779 Ken Shuster, OS-340 Elaine Stanley, OS-500 Jack Stanton, A-101 Anastasia Watson, OS-120 Bruce Weddle, OS-340 Steve Willhelm, Region 7 Dan Yunnan, OS-0100 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 28 ------- PERMIT SECTION EPA, REGION V ------- |