% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
a
* WASHINGTON, D.C. 20460
530R88107
SEP 2 I938
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 July 1988
FROM: Thea McManus, Project Officer /vV^^ST R El • <, ,
Hubert Watters; Deputy Project Officer
Office of Emergency and Remedial Response ENVIRONMENTAL PkuitCTiON A
LIBRARY. REGION V
TO: See List of Addresses
This report is prepared and submitted in support of Contract #68-01-7371.
I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES - JULY 1988
A. RCRA
1. Tank Replacement
A permitted storage facility has several above-ground storage tanks that are
managed in compliance with Subpart J of 40 CFR 264. If the owner /operator
replaces one of the tanks, would he be subject to any closure requirements?
Would it make any difference if it were a facility with only one tank?
Section 264.112(d) requires notification of partial closure for surface
impoundments, waste piles, land treatment units and landfills. This same
section requires notification regarding treatment, tank storage, container
storage or incinerator facilities only in the case of final closure. Replacement
of a storage tank would not constitute final closure per Section 264.197, and
partial closure is not applicable to a storage tank facility per Section 264.1 12(d).
While not specifically required, the owner/operator should decontaminate
the removed equipment and notify the state or region of the change.
However, equipment that is not decontaminated must be managed as a
hazardous waste.
Source: Bill Kline (202) 382-7924
Chester Oszman (202) 382-4499
Research: Laurie Huber
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2. Wastewater Treatment Unit/Generator Accumulation Tank
A manufacturing facility generates a wastewater which is a listed hazardous
waste. The wastewater is pumped to a tank for treatment where a wastewater
treatment sludge is generated and subsequently sent off-site for disposal as a
hazardous waste. The treatment effluent is discharged to a lake under a NPDES
permit. When the facility operates in this manner, the tank meets the
definition of a wastewater treatment unit in 40 CFR 260.10. However, regularly
occurring batch processes produce a wastewater which cannot be treated to the
standards specified in the facility's NPDES permit. When this occurs, the
wastewater is removed from the tank and sent off-site for disposal. Is this tank
classified as a wastewater treatment unit or a generator accumulation tank
subject to the requirements of 40 CFR 262.34 and 40 CFR Part 265 Subpart J?
The tank would not be classified as a wastewater treatment unit under 40
. CFR 260.10. The exemption from RCRA TSD Standards in 40 CFR Parts 264
and 265 for wastewater treatment units applies to any tank system that
manages hazardous wastewater and is dedicated for use with an on-site
wastewater treatment facility. However, if a tank, in addition to being used in
conjunction with an on-site wastewater treatment facility, is used on a
routine or occasional basis to store or treat a hazardous wastewater prior to
shipment off-site for treatment, storage, or disposal, it is not covered by the
exemption. If the facility stores the hazardous wastewater in the tank prior to
off-site treatment or disposal for 90 days or less, it will be subject to the
requirements of 40 CFR 262.34.
Source: Emily Roth (202) 382-4777
Research: Jim Styers
3. Elementary Neutralization Units
A generator produces large volumes of corrosive waste. It is pumped directly to
a tank which is an elementary neutralization unit. However, this waste
(corrosive only) remains in the tank for two months before it is actually
neutralized. Is this waste counted for purposes of determining generator status?
Is the corrosive waste that is stored in the neutralization unit prior to treatment
included in the scope of the exemptions in Sections 264.1(g)(6), 265.1(c)(10) and
270.1(c)(2)(v)?
No, this type of waste is not counted for determining generator status. As
stated in the March 24, 1986 Federal Register (51 FR 10146) wastes treated in
elementary neutralization units are included in the general category of
exempted or excluded wastes that would not be counted in determining
generator status.
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3. Elementary Neutralization Units (Con't )
Also, this waste is not counted because it is not subject to substantive
regulations in 40 CFR Parts 262 and 263 as long as it remains in the
neutralization unit (51 FR 10152).
Source: Bob April (202) 382-7917
Emily Roth (202) 382-4777
Research: Mary Stevens
B. CERCLA
4. CERCLA Liability
A tank farm has 150 tanks. Tank volumes range from 500 to 10,000 gallons. The
farm has been in operation for 20 years and the owner states that he has only
stored petroleum products (i.e., gasoline, diesel fuel, and aviation fuel). No
other activities were performed there. Over the years, the routine handling of
fuels and tank fillings resulted in spills on-site. In addition, three large releases
(greater than 1,000 gallons) were documented. The owner always performed
cleanups in accordance with environmental regulations. Contaminated soil
was taken to the local Subtitle D landfill for disposal. It amounted to several
thousand tons. Recently the landfill closed. Site assessments and investigations
have since been conducted by the EPA and the State. Sampling results
confirmed that the landfill is heavily contaminated. Benzene and toluene are
major contributors. If the landfill became a National Priorities List (NPL) site,
could the tank farm owner be a potentially responsible party under CERCLA?
In order to be a potentially responsible party under CERCLA, the tank farm
owner must have been responsible in some manner for the release of
"hazardous substances" at the site. CERCLA defines "hazardous substance" in
Section 101(14) and excludes "petroleum" unless an oil fraction is otherwise
specifically listed in one of the statutes in Section 101(14). Benzene and
toulene are listed CERCLA "hazardous substances." See 40 CFR Table 302.4.
EPA interprets the petroleum exclusion to include "hazardous substances
normally found in refined petroleum fractions" (see July 31, 1987
memorandum on "Scope of the CERCLA Petroleum Exclusion under
Sections 101(14) and 104(a)(2).") Thus, hazardous constituents, like benzene
and toluene, are not hazardous substances when found at levels normally
found in the refined petroleum product at issue.
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4. CERCLA Liability (Con't)
Due to the petroleum exclusion, the tank farm owner could not be a
potentially responsible party under CERCLA if he only disposed of
petroleum-contaminated soil at the Subtitle D landfill.
Source: Carrie Wehling (202) 382-7706
Research: Mark Janaskie
C. CEPP
5. Section 313: Enforcement
The enforcement requirements of Title in (Section 325), state that the civil and
Administrative penalties for Section 313 non-compliance shall not exceed
$25,000 for each violation. Is a non-compliance violation determined on a per
facility or per toxic chemical basis? Also, is that penalty assessed on a per-day
basis?
Section 325(c)(i) states that "any person who violates any requirement of
Section 313 shall be liable to the United States for a civil penalty in an amount
not to exceed $25,000 for each violation." Also, Section 325(c)(3) states "each
day a violation continues shall, for the purposes of this subsection, constitute
a separate violation" (emphasis added). The requirements of Section 313 are
that the owner or operator of a covered facility must submit a Form R for
each toxic chemical that exceeds a specified threshold. Therefore, the facility
can be assessed a penalty for each Form R not submitted or for submitting a
Form R that is not in compliance with the rules promulgated under Section
313 (40 CFR Part 372). The penalty can be assessed on a per-day basis.
Source: Jeff Steward (202) 382-7825
Research: Kim Jennings
6. Section 313: Supplier Notification Requirement
A facility is required to provide the Section 313 supplier notification (40 CFR
Section 372.45) for some of its products which contain listed toxic chemical(s).
The products contain antimony compounds, a listed toxic chemical category.
However, the facility considers the chemical names of the antimony
compounds in their products a trade secret. Does this facility have to give the
exact chemical names of these antimony compounds in order to fulfill the
supplier notification requirement?
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6. Section 313: Supplier Notification Requirement (Con't )
This facility's antimony compounds are not specifically listed in the Section
313 toxic chemicals list, however, it does fall into the antimony compounds
category. Since the name of the toxic chemical is not listed, the facility does
not need to give the chemical name to fulfill the supplier notification
requirement. This facility needs to identify that the products contain an
antimony compound subject to Section 313, the concentration of the
compound in the mixture, and the stoichiometric amount of antimony in the
compound.
Source: David Sarokin (202) 382-3715
Research: John Ferris
»
7. Section 311 and 312: Exemptions
How are farms with ten or fewer employees covered under Sections 311 and 312
of Title ffl?
Sections 311 and 312 apply to any facility covered by the OSHA Hazard
Communication Standard (HCS). On August 24, 1987, OSHA revised its HCS
(52 FR 31852) to expand the scope of the industries covered by the rule from
the manufacturing sector (in Standard Industrial Classification (SIC) codes 20-
39) to all industries where employes are exposed to hazardous chemicals (SIC
codes 1-89). However, this expansion would not include farms with ten or
fewer employees. This is due to a recent Congressional "rider" to OSHA's
Appropriations Bill which prevents OSHA from promulgating and enforcing
regulations for farms with ten or fewer employees. Therefore, since farms
with ten or fewer employees are not covered by OSHA, they would not be
covered under Sections 311 and 312.
Source: Kathy Brody (202) 475-8353
Research: Kim Jennings
8. Section 313: Supplier Notification Requirement
Under Section 313 a facility is required to provide the supplier notification (40
CFR Section 372.45). The product contains nitric acid, a listed toxic chemical.
However, the concentration of nitric acid in the product varies from batch to
batch. Can this facility give a range of concentration for the nitric acid in this
product in order to fulfill its supplier notification requirement?
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8. Section 313: Supplier Notification Requirement (Con't)
According to the current language in the regulation (40 CFR Section
372.45(c)(3)), every time a concentration of a toxic chemical in a mixture
changes, the supplier is to provide an updated notification with the new
concentration. Therefore, this facility cannot provide a range of
concentration value in order to fulfill the notification requirement. Instead,
the facility must provide a new notification with each product that has a
different concentration of a listed toxic chemical.
Source: David Sarokin (202) 382-3715
Research: John Ferris
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II. ACTIVITIES - JULY 1988
1. The RCRA/Superfund Hotline and Emergency Planning and Community
Right-to-Know Hotline responded to 14,995 questions and requests for
documents in July. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Calls
Call Document Requests
Written Document Requests
Referrals
5,934
499
163
1,215
1,337
50
828
65
2,363 = 10,462
1319 = 1,933
893 = 1,056
329 = 1,544
Totals
7311
1,387
893 4,904 = 14,995
A. RCRA/Superfund Hotline Activities
2. On July 5, Lawrence Pratt, Office of Toxic Substances (OTS) briefed the
RCRA/Superfund Hotline on Title III, Section 313 provisions.
3. On July 5,11,18 and 25, Chris Bryant and Caroline Pryor, Hotline Section Chiefs
attended the Office of Solid Waste (OSW) Communications Workgroup
meetings.
4. On July 6, Julie Winters and Lawrence Pratt, OTS, and Alex Wolfe and Jim
Craig, OSW briefed the RCRA/Superfund Hotline on Title HI, Section 313
impacts on the RCRA and Superfund Programs.
5. On July 6, Denise Sines, Hotline Project Director met with Jim O'Leary, OSW
regarding Hotline automation considerations.
6. On July 7, Mike Fitzpatrick and Bob Hall, OSW briefed the RCRA/Superfund
Hotline on the oil and gas waste regulatory determination.
7. On July 12, Laurie Huber, Hotline Information Specialist attended the OUST
staff meeting.
8. On July 14, Denise Sines, Hotline Project Director met with Thea McManus,
OSW Project Officer concerning Hotline operations.
9. On July 18, Denise Sines, Hotline Project Director briefed members of the OSW
Communications Workgroup on the RCRA/Superfund Hotline.
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A. RCRA/Superfund Hotline Activities (Cont'd)
10. On July 18, Denise Sines, Hotline Project Director and Becky Cuthbertson,
Hotline Information Specialist met with Howard Wilson, Nancy Browne,
Angelo Carasea, OSW and Larry Starfield, OGC concerning EPA's Contract
Laboratory Program related to disposal of waste samples.
11. On July 22, Denise Sines, Hotline Project Director briefed OSW staff on the
RCRA/Superfund Hotline.
12. On July 25, Denise Sines, Hotline Project Director and Laurie Huber, Hotline
Information Specialist met with Bill Foskett, OUST regarding OUST training
programs.
13.' On July 28, Garrett Clark, OUST briefed the RCRA/Superfund Hotline on UST
liability issues.
B. Title III Hotline Activities
14. On July 5, Jon Roland, Hotline Information Specialist attended the Title HI
Workgroup meeting on the status of Title III activities.
15. On July 5, 12, 19 and 26, Denise Sines, Hotline Project Director and Robert
Costa, Hotline Section Chief met with Anastasia Watson, Preparedness Staff
Program Liaison and Lawrence Pratt, OTS concerning Hotline operations and
Section 313 issues.
16. On July 6, Julie Winters and Lawrence Pratt, the Office of Toxic Substances
briefed the Title in Hotline on the implementation of Phase II of Section 313
Title III regarding uses of Toxic Release Inventory Data.
17. On July 6,13, 20 and 27, members of the Title HI Hotline attended the Title m
Outreach Subcommittee meeting on the status of Title HI communications
strategy.
18. On July 7, Robert Costa, Hotline Section Chief attended the conference call
with EPA Regional Title HI Outreach Coordinators regarding the status of Title
III communications strategy.
19. On July 8, Minda Sarmiento, Hotline Information Specialist attended the
Federal Facilities Workgroup on the status of Federal facilities participation in
Title in.
8
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B. Title III Hotline Activities (Cont'd)
20. On July 12, Jon Roland, Hotline Information Specialist attended the
Preparedness Staff meeting.
21. On July 14 and 28, members of the Title El Hotline attended EPA Outreach
Regional conference calls.
22. On July 18, Anita Bartera, Hotline Information Specialist attended the
conference call with the FEMA/EPA Regional Title HI Coordinators on the
status of Title III activities.
23. On July 19, Jim Buchert and Stephanie Portalski, Hotline Information
Specialists attended the Title HI Workgroup meeting on the status of Title HI
. activities.
24. On July 19 and 26, Denise Sines, Hotline Project Director and Robert Costa,
Hotline Section Chief met with Lawrence Pratt, OTS and Anastasia Watson,
Preparedness Staff on the status of the Title HI Hotline.
25. On July 28, John Ferris, Hotline Information Specialist attended the NRT
meeting on the status of Federal preparedness and response activities.
26. On July 28, Denise Sines, Hotline Project Director met with Anastasia Watson,
Preparedness Staff Liaison concerning Title HI Hotline projects.
27. On July 28, Anita Bartera, Hotline Information Specialist and Robert Costa,
Hotline Section Chief attended the conference call with EPA Regional
Outreach Coordinators on the status of the Title IE communications strategy.
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I. ANALYSES OF QUESTIONS - July 1988 Grand Total = 10,091
RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 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 kfl/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reporting
§262 International Shipments
§263 Transporters
6%
9%
24%
12%
14%
9%
5%
14%
1%
8%
1%
2%
3%
5%
1%
1%
5%
41 1
104
113
52
169
272
489
483
184
115
81
48
130
48
71
1 1 1
28
33
52
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
3%
4%
13%
4%
0%
29%
9%
2%
3%
0%
0%
0%
0%f
4%
1%
13
59
69
13
1 1
151
87
25
25
1 7
146
69
69
74
34
26
10
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RCRA
§264/§265 TSDF
A Scope/Applicability
B General Facility Standards
C Preparedness/Prevention
D Contingency Plans
E Manifest/Recordkeeping/Reportinj
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
O Incinerators
P Thermal Treatment
CERCLA
General
SARA General
Acces and Information Gathering
Allocations from Fund/Fund
Balance/Grants
CERCLIS/5103 Notification
Citizen Suits
Clean-Up Stds./ARARs/
How Clean Is Clean
Contractor Indemnification
Contracts/Contract Lab Proaram
Exposure Assess ./Public
Health Evaluation
Definitions
Enforcement
Federal Facilities
Haz. Subslances/RQs
HRS
Liability/PRPs
Mandatory Schedules
Natural Resource Damages
81
28
1 1
1 7
10
131
117
26
44
108
47
6
5
56
9
49
7
84
15
1
19
107
6
71
6
23
40
14
26
15
169
46
132
1
2
Q Chem., Phys., Biol Treatment
R Underground Injection
X Miscellaneous
§268 General
§268 Solvent & Dioxins
§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 Reauirements/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/Right-to-Know
Other Provisions
CERCLA Document Requests
CERCLA Subtotal
7
1 3
32
189
129
118
278
21
93
55
20
19
52
50
34
19
29
142
499{
6.433
1
35
218
9
5
18
5
0
2
19
7
28
55
28
33
6
8
82
1
50
1 ,387
11
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Underground Storage Tanks
General
§280.10 Applicability
§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 Req.
§280 D Release Detection
340
57
44
25
24
26
16
12
14
25
8
35
§280 E Release Reporting and
Investigation
§280 F Corrective Action Petroleum
17
39
§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
9
53
37
16
18
9
3
1
65
893
TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
10,091
Referrals
Referrals - EPA HQ
109
Other Hotlines
Regions
State
GPO/NTIS/PIC/ORD/Dockets
Other
Subtotal
213
153
189
443
108
1 ,215
Written Request Responses
Referred to EPA Program Offices
Referred to other Federal Agencies
1 0
3
Referred externally (state,
organizations, etc.)
Response Form Sent
Response Form Sent/FOIA
Form Letter Sent/Need More Info.
Requests Filled - RCRA
- CERCLA
-UST
Subtotal
45
40
3
0
62
0
o.
163f
12
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Emergency Planning Community Rlght-to-Know Information Hotline
Daily/Monthly Summary Report - July 1988
Totals
Total Calls—4,011
Total Call Document Requests—1,319
Total Written Requests-893
Distribution of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
6%
12%
15%
13%
23%
0%
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
6%
4%
2%
12%
2%
1%
Manufacturers
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber & Wood
25 Furniture
26 Paper
27 Printina & Publishing
28 Chemicals
29 Petroleum & Coal
30 Rubber and Plastics
31 Leather
32 Stone. Clav & Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (Excluding Electrical
36 Electrical & Electronic Equipmer
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
2%
0.05%
1%
0.22%
1%
1%
1%
3%
10%
2%
3%
0.17%
2%
2%
9%
2%
4%
2%
0.42%
2%
3%
2%
376
188
95
71
44
12
241
Handlers
Attorneys
Consultants/Engineers
Laboratories
Trade Associations
Public Interest Groups
Universities/ Academia
Insurance Companies
Hospitals
State Aaencies/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
6%
5%
11%
1%
1%I
n?
2%
0.35%
1%
3%
2%
2%
2%
2%
0.25%
1%
1%
0.10%
3%
0%
2%
23
13
2
5
30
8
13
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S311/I312
General 348
MSDS Reporting Reauirements 203
Tier l/ll Reaulations 224
Thresholds 221
§313
General 1,140
Form R 557
Thresholds 342
Phase II 46
Phase III 3
Workshop (Training) 1
Petitions 32
Health Effects 4
Database 6
Mass Balance Study 2
Referrals
OSHA 60
Preparedness Staff 1
OTS Staff 0
RCRA/Suoerfund Hotline 1 1 7
Reatonal EPA 8
TSCA Hotline 2 4
Other 1 1 9
Total Referrals 329
Document Requests: 1,319
No. of Documents Requested: 3,076
OSHA Expansion 239
Hazard Categories 4 3
Mixtures 42
Exemptions 8 3
CEPP: Interim Guide 9
Chemical Profile 1 4
NRT-1 59
Hazard Analysis 8 6
Risk Communication 6
Title III Workshops 1
Information Management 2
Prevention ARIP 1
Other 1 03
Trade Secrets 3 8
Enforcement 4 4
Liability 9;
Release Notification
General 7 0
Notification Requirements 37
Reportable Quantities 46
RQsvs.TPQs 1 1
CERCLA vs. 5304 5 9
Transportation 9
Exemptions 1 6
14
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
IV. PUBLICATIONS-JULY 1988
RCRA
'The Survey of Vendors of External Petroleum Leak Monitoring Devices for Use
with Underground Storage Tanks" is available from the Government Printing
Office (GPO); the stock number is 055-000-00277-1.
"Clean-up of Releases from Petroleum USTs: Selected Technologies" is available
from GPO; the stock number is 055-000-00272-0.
"Hazardous Waste: Future Availability of and Need for Treatment Capacity are
Uncertain" is available from the Government Accounting Office (GAO)
publications office at (202) 275-6241. The document stock number is GAO/RCED
8895.
"A Compendium of ORD and OSWER Documents Relevant to RCRA Corrective
Action" is available by calling John Perry, OSW. The EPA document number is
EPA/530-SW-88-010.
CERCLA
"Guidance on Documenting Decisions Not to Take Cost Recovery Actions/'
OSWER Directive number 9832.11 is available by routing address labels to Lori
Tripoli, Federal Facilities Hazardous Waste Compliance Office (OS-530).
15
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES - JULY 1988
Former Notices with Open Comment Period
May 5,1988; 53 FR 16086
(interim final rule)
May 20,1988; 53 FR 18107
(proposed rule)
June 2,1988; 53 FR 20143
(advance of proposed
rulemaking)
June 2,1988; 53 FR 20165
(request for public comment)
June 2,1988; 53 FR 21040
(notice of data availability)
This interim final rule authorizes the
President to pay up to $10,000 to individuals
for information leading to successful
prosecution for a criminal violation under
CERCLA. Comments will be accepted until
September 2,1988.
This notice announces a proposed change
to the delisting procedure in 40 CFR 260.22(b)
to ensure consistency with HSWA.
Comments were received until July 5, 1988.
This notice announces the Department of
Interior's intent to begin the process of
developing a type A procedure for the Great
technical data to assist in the effort. The
Department 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 were accepted
through July 18,1988.
This notice requests public comment on a
proposed settlement under CERCLA Section
122(g) with Cannons Engineering Corp. et al.
Comments were received until July 5, 1988.
This notice provides data and requests
comment on issues pertaining to infectious
waste. EPA will accept public comments on
the issues posed in this notice until August 1,
1988.
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 6,1988; 53 FR 20738
(proposed rule to delay the
closure period for hazardous
waste management facilities)
June 13, 1988; 53 FR 22043
(notice of availability)
June 14, 1988; 53 FR 22222
(notice of public comment)
June 15, 1988; 53 FR 22334
(notice of proposed rule)
June 16, 1988; 53 FR 22566
(notice of proposed settlement)
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 were accepted
through July 21,1988.
This notice announces the availability of an
interim final guidance manual entitled
Alternate Concentration 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
were accepted through July 14,1988.
This Federal Register provides a correction to
the proposed delisting decision for U.S.
Nameplate Company, Inc., which appeared
in the Federal Register on May 3,1988. This
notice also extended the public comment on
that Federal Register until July 29,1988.
This notice announces a proposed settlement
under Section 122(0 of CERCLA concerning
the United Riggins and Hauling site in
Beltsville, Maryland. Comments were
accepted until July 18,1988.
17
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 20,1988; 53 FR 23128
(proposed rule)
June 23,1988; 53 FR 23661
(proposed rule with request
comment)
June 23,1988; 53 FR 23682
(notice of proposed settlement
under Section 122(h) of CERCLA)
June 24,1988; 53 FR 23978
(proposed rule; National
Priorities List, proposed sites
subject to RCRA, Subtitle C
Corrective Action authorities)
June 24, 1988; 53 FR 23988
(proposed rule, National
Priorities List, Update #7)
This rule grants a petition by proposing to
delete the toxic chemical, melamine, from
the list of toxic chemicals under Section 313
of Title III. Comments on the delisting of
melamine will be accepted until August 19,
1988.
This rule proposes to grant delisting petitions
to Bethlehem Steel Corporation and pro-
poses the use of the fate and transport model
to evaluate the waste-specific information in
this petition. Comments on the delisting
petition and the use of the fate and transport
model in evaluating this petition will be
accepted until August 8,1988.
This notice announces a proposed settlement
under Section 122(h) of CERCLA with the
Southern Lumber Company, Champion
International Corporation, and the Masonite
Corporation. Comments on the proposed
settlement were accepted until July 25,1988.
This rule reproposes 13 sites previously
proposed on the National Priorities List
(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 RCRA. Comments on the
proposal will be accepted until August 23,
1988.
This rule is proposing the seventh update to
the National Priorities List (NPL). Proposed
in this rule are 229 new sites, 1 expansion to a
final site, and 4 previously proposed sites.
Comments on the proposal are accepted until
August 23,1988.
18
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 27,1988; 53 FR 24141
(availability of two documents
with request for review
and comment)
June 29,1988; 53 FR 24496
(notice of proposed settlement)
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 Tetrachlor-
dibenzo-p-Dioxin (2,3,7,8-TCDD). The
Agency made these documents available
for public review and comment until July 6,
1988. Comments must be postmarked by
October 5,1988.
Notice of a proposed settlement under
CERCLA Section 122(h) concerning the
Buckhorn Pesticide Site in Buckhorn, North
Carolina. Comments on the proposed rule
were accepted through July 29,1988.
July Federal Registers
July 5,1988; 53 FR 25218
(notice of proposed consent
decree)
July 6,1988; 53 FR 25446
(regulatory determination)
July 7,1988; 53 FR 25537
(notice of availability)
Notice of a proposed partial consent decree
pursuant to CERCLA Section 106 and RCRA
Section 7003 in United States V.A. & F.
Materials Company.
Notice of EPA's determination not to
regulate wastes from oil, gas, and geothermal
exploration, development and production
under RCRA Subtitle C.
Notice announcing the availability of
minutes taken from the Municipal
Settlement Discussion Group's first meeting
held on June 7, 1988 in Washington, D.C.
The meeting was held by the Agency in order
to begin development on a Municipal
Settlement Policy.
19
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
July 11,1988; 53 FR 26090
(notice of intent to delete)
July 12,1988; 53 FR 26283
(notice of proposed rule to grant
a petition)
July 13,1988; 53 FR 26455
(notice of proposed to rule
to grant a petition)
July 14,1988; 53 FR 26660
(announcement of upcoming
meeting)
July 15,1988; 53 FR 26858
(notice of proposed settlement)
This notice announces EPA's intent to delete
the A.L. Taylor site in Brooks, Kentucky from
the National Priorities List. EPA will accept
comments on the deletion until August 10,
1988.
This Federal Register proposes to grant a
petition submitted to North American
Phillips Consumer Electronics Corporation
in Greenville, Tennessee, to exclude certain
solid wastes generated at its facility from the
lists of hazardous wastes contained in 40 CFR
Sections 261.31 and 261.32. Public comments
will be accepted until August 26,1988.
This Federal Register proposed to grant a
petition submitted by Goodyear Tire and
Rubber Company, Randleman, North
Carolina to exclude certain solid wastes
generated at its facility from the lists of
hazardous wastes found in 40 CFR Sections
261.31 and 261.32. Comments will be
accepted until August 29,1988.
This notice announces an upcoming meeting
of the Municipal Settlement Discussion
Group in Washington, D.C. on August 4,
1988. Issues concerning the development of
a Municipal Settlement Policy will be
addressed at the meeting.
Notice of proposed settlement under
CERCLA Section 122(h) involving claims for
past and oversight costs at the A.Y.
McDonald site in Debuque, Iowa.
20
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
July 15,1988; 53 FR 2689
(notice of proposed settlement)
July 18,1988; 53 FR 27077
(notice of availability)
July 18,1988; 53 FR 27106
(notice of correction)
July 19,1988; 53 FR 27162
(notice of technical correc-
tion)
July 19,1988; 53 FR 27164
(notice of technical correc-
tion)
July 19,1988; 53 FR 27268
(proposal to clarify the
Federally Permitted Release
exemption)
Notice of proposed settlement under
CERCLA Section 122(h) for response cost
claims at the Babb Drum site in Little
Chicago, South Carolina.
The notice announces the availability of a
new financial assistance program for states
entitled "Source Reduction and Recycling
Technical Assistance."
The notice corrects the phone number of the
informational contact in the July 7,1988
Federal Register which dealt with the
Municipal Settlement Discussion group's
first meeting.
The notice makes a technical correction to
the March 24,1986 Federal Register, small
quantity generator rule. The correction is
made in 40 CFR Sections 261.5(e) and (f).
The notice makes technical corrections to
Sections 262, 264, 268 and 270 of 40 CFR,
regarding the Farmer Exclusion exemption.
The errors were made when the farmer
exemption was moved from Section 262.51 to
262.70 in the August 8, 1988 Federal Register.
and inadvertently moved back to Section
262.51 in the July 8,1987 Federal Register.
This rule proposes to clarify the Federally
permitted release exemption for hazardous
substances under CERCLA Sections 103,106,
and also, Section 311 of the Clean Water Act.
21
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
July 19,1988; 53 FR 27290
(notice of final rule)
July 20,1988; 53 FR 27371
(notice of Agency's intent to
delete)
July 20,1988; 53 FR 27393
(notice of proposed settlement)
July 20,1988; 53 FR 27411
(lodging of consent decree)
July 22,1988; 53 FR 27679
(notice of proposed rule)
This final rule conditionally exempts small-
scale treatability studies from the Subtitle C
regulation.
This notice announces the Agency's intent to
delete the Matthews Electroplating site in
Roanoke County, Virginia from the National
Priorities List. Comments must be
submitted on or before August 19,1988.
This notice announces a proposed settlement
under Section 122(h) of CERCLA. The
Agency has decided to settle claims for
response costs at the Salvo Property site in
Lithia Springs, Georgia, with Joseph E. Salvo.
EPA will accept comments on the settlement
for 30 days.
This notice announces the lodging of a
consent decree under CERCLA Sections 104
and 106 in United States vs. Hallie C.
Ormond, C.C. Grisham and Mary F. Burke.
The Department of Justice will accept
comments for 30 days on this action.
This rule announces that the OSHA Hazard
Communication Standard (HCS) was
expanded to non-manufacturing, except
for the construction industry, effective
June 24, 1988. However, OSHA will not
begin checking for compliance with the HCS
in programmed inspections until August 1,
1988.
22
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
July 26,1988; 53 FR 28118
(notice of final rule)
July 26,1988; 53 FR 28160
(notice of proposed consent
decree)
July 27,1988; 53 FR 28278
(notice of a proposed consent
decree)
July 28,1988; 53 FR 28456
(notice of proposed consent decree)
July 28,1988; 53 FR 28414
(notice of EPA's intent to
delete)
July 28,1988; 53 FR 28383
(notice of final rule)
This final rule establishes the EPA's
approach to implementing the statutorily
mandated prohibitions on the underground
injection of hazardous waste.
This is a proposed revision to the Ground-
water Monitoring regulations in 40 CFR Part
264 Subpart F and Part 270. The amendments
that are proposed in this Federal Register are
designed to foster the early detection of leaks
and to better tailor the current ground-water
monitoring regulations to site specific
conditions. EPA will accept public comments
until September 26, 1988.
This notice announces a proposed consent
decree in United States vs. Olin Corporation
under Section 122(i) of CERCLA. The
Department of Justice will be accepting
comments on this action for a 30-day period.
This notice announces a proposed consent
decree in the United States vs. CSX
Transportation, Inc., et. al., under Section 122
of CERCLA. The Department of Justice will
receive public comments for a period of 30
days.
This notice announces EPA's intent to delete
the Presque Isle site in Erie, Pennsylvania
from the National Priorities List. EPA is
accepting comments until August 29, 1988.
Notice of EPA's intent to approve Georgia's
hazardous waste program revision for the
hazardous components of radioactive mixed
wastes and for closure, post-closure, and
financial responsibility requirements. EPA
will accept comments until August 29, 1988.
23
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
July 29,1988; 53 FR 28772 This rule publishes the procedures for claims
(notice of final rule) of trade secrecy made by facilities reporting
under Sections 303(d)(2) and (d)(3), 311, 312,
and 313 of Title III and for EPA's handling of
such claims for submission and handling of
petitions requesting reviews of trade secrecy
claims, and for disclosure to health
professionals of information claimed as trade
secret.
24
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List of Addressees:
Devereaux Barnes, OS-330
Jim Berlow, OS-322
Frank Biros, OS-500
George Bonina, OS-310
John Bosky, EPA-Kansas City
Susan Bromm, OS-500
Karen Brown, PM-220
Diane Buxbaum, Region 2
Jon Cannon, OS-100
Jayne Carlin, Region 10
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-340
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 Horner, WH-595
Barbara Hostage, OS-210
Hotline Staff
Phil Jalbert, OS-240
Alvin K. Joe, Jr., GRC
Gary Jonesi, LE-134S
Jim Jowett, OS-210
Thad Juzczak, OS-100
Robert Knox, OS-130
Mike Kosakowski, OS-51
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
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
Elaine Stanley, OS-500
Jack Stanton, A-101
Anastasia Watson, OS-120
Bruce Weddle, OS-301
Steve Willhelm, Region 7
Dan Yurman, OS-100
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
25
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n r
I C-
ill
- EPS, °J988
F3ERMIT SECTION
EPA, REGION V
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