UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 NOV , 530R88108 MEMORANDUM souo WASTE AN°DFFEMER«NCY RESPONSE SUBJECT: Final Monthly Report - RCRA/Superfund Industry Assistance Hotline and Emergency Planning and Community Right-To- Know Hotline Report for August 1988 FROM: Thea McManus, Project Officer -^l k/^__ h? Pf^* F" I \/ E* F"\ Office of Solid Waste \f *~^ E-l V CLU Hubert Watters, Deputy Project Officer-|'1>/ f J'! v 1 " 1988 Office of Emergency and Remedial Response ENVIRONMENTAL PROJECTION «o. LIBRARY, REGION V TO: See list of Addressees This report is prepared and submitted in support of Contract #68-01-7371. I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES - AUGUST 1988 A. RCRA 1. Source Reduction and Recycling Technical Assistance Grants For States On July 18, 1988 (53 FR 27077) EPA announced the availability of a new financial assistance program, "Source Reduction and Recycling Technical Assistance" for States to develop or expand source reduction and recycling technical assistance programs. The program is a grant/cooperative agreement program designed to provide assistance to a limited number of states to establish or expand technical assistance programs that address the reduction of pollutants from air, land, surface, water and ground-water. How much money is available to states through this program? Congress appropriated $4 million for the source reduction and recycling program. Of the total $4 million, $3 million will be awarded to States in fiscal year 1989 under cooperative agreements. Approximately 10-12 states will be selected through open competition. Each selected state will be eligible to receive no more than $300,000. What procedures should a state follow to receive grant money? To apply for funds, State environmental agencies must: (1) submit a letter of intent by August 15, 1988; and (2) submit a grant applications package by September 30, 1988. ------- 1. Source Reduction and Recycling Technical Assistance Grants For States (Cont'd) What types of activities are eligible for funding? These cooperative agreement funds are to be used specifically for establishing and expanding source reduction and recycling assistance programs that address the transfer of pollutants across all environmental media. A list of possible activities eligible for funding include the following: —Hiring personnel and/or procuring necessary expertise to support the establishment and development of multimedia program; —Providing direct technical assistance in source reduction and recycling, especially to small and medium-sized firms; —Conducting demonstration activities and/or in-plant pilot scale studies of pollution prevention technologies; —Developing and delivering programs to train staff to provide technical assistance to generators in identifying and implementing source reduction and recycling opportunities and activities; —Developing or expanding state technical information clearinghouses that contribute to national technical transfer networks or clearinghouses; —Expanding and improving waste exchange programs among industry, states and local governments; —Developing and distributing industry/process-specific technical manuals and/or brochures to help generators identify and implement source reduction and recycling activities; and, —Conducting outreach activities such as presentations, workshops and seminars. What are the differences between this program and RITTA? RITTA (Resource Conservation and Recovery Act Integrated Training and Technical Assistance Initiative) is designed to provide assistance to States to plan and implement hazardous waste training and technical assistance activities in support of the States' RCRA programs. The activities funded under RITTA must include: (1) the development of a long term plan for training and technical assistance activities; (2) delivery of RCRA program training activities for State regulators; and (3) implementation of an initial pilot technical assistance project in waste minimization. The cooperative agreement funds will be awarded to States to establish multi- media waste reduction technical assistance programs. Unlike RITTA, this program is not specifically limited to wastes regulated under RCRA. Source: Jackie Krieger (202) 382-6972 Research: Chris Bryant ------- B. CERCLA 2. Disposal of CERCLA Samples Who is responsible for the disposal of hazardous waste samples taken from Superfund sites during a Site Investigation or a Remedial Investigation, the Contract Laboratory or the Environmental Protection Agency (EPA)? It is sometimes difficult to determine whether a waste material, which has already been disposed of, was a RCRA hazardous waste. The January 19,1983 Federal Register (48 FR 2510) explains that "if it cannot be determined whether a discharged material is a listed hazardous waste, Sections 261.20 through 261.24 describe criteria for determining whether a solid waste exhibits the hazardous waste characteristics of ignitability, corrosivity, reactivity, or toxicity." If laboratory samples for waste characterization are handled in accordance with the requirements in 40 CFR Section 261.4(d), they are not subject to the RCRA hazardous waste regulations during collection, transport, and analysis in the laboratory. However, if the handling of the samples by the laboratory constitutes treatment or storage of hazardous wastes prior to disposal, then the laboratory must comply with applicable RCRA requirements (46 FR 47428, September 25, 1981). The conditional exemption from RCRA requirements specifically applies to samples of "solid waste" (as compared to "hazardous waste") or samples of "water, soil or air," which are collected for the sole purpose of testing to determine the waste's characteristics or composition. Once the sample is no longer needed for enforcement purposes, the issue of who is responsible for the sample's disposal is raised. Contract Laboratory Program (CLP) contracts are generally written such that the laboratory specifically assumes generator responsibilities under RCRA when the waste samples are found to include RCRA hazardous wastes. The laboratories also assume responsibility for disposal of waste samples which are not hazardous wastes. The disposal of laboratory samples of CERCLA waste is not specifically addressed by the revised off-site policy of November 13, 1987, which "describes procedures that should be observed when a response action under CERCLA... involves off-site storage, treatment, or disposal of CERCLA wastes" (OSWER Directive No. 9834.11). However, the Office of Solid Waste and Emergency Response (OSWER) has recommended that Federal facilities comply with this policy for the disposal of their hazardous waste, and the Environmental Compliance Coordinators for Regional, Research, and Program Laboratories have been directed to ensure that EPA laboratories do ------- 2. Disposal of CERCLA Samples (Cont'd) so [September 2, 1986, memo from Barbara McGuinness to EPA Laboratory Directors]. Consistent with the CERCLA off-site policy, Contract Laboratories which are disposing of CERCLA samples are limited in their disposal options. If the samples are found to include RCRA hazardous wastes, the shipment must be to a facility which is authorized to receive RCRA hazardous wastes, and that has been determined to be acceptable to receive CERCLA wastes under the revised off-site policy. If a sample contains a CERCLA hazardous substance which is not a RCRA hazardous waste, the revised off-site policy would require disposal in a unit that is authorized under applicable law to receive such wastes and that has been found to be acceptable under the off-site policy. Source: Nancy Browne (202)475-8115 Angelo Carasea (202) 382-7906 Larry Starfield (202) 382-7706 Howard Wilson (202) 382-3646 Research: Becky Cuthbertson 3. CERCLA Off-Site Policy Is the CERCLA off-site policy applicable to hazardous substance response actions performed by private parties who are not acting under a Section 104/106 order? The off-site policy "describes procedures that should be observed when a response action under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) or Section 7003 of RCRA involves the off-site storage, treatment or disposal of CERCLA wastes" (Revised Procedures for Implementing Off-site Response Actions, OSWER Directive No. 9834.11). The policy applies to all response actions taken under the authority of CERCLA, RCRA Section 7003, or Clean Water Act Section 311, and to all response actions funded in whole, or in part by CERCLA. It does (for non-petroleum wastes) not apply to state-lead enforcement actions (even at National Priorities List sites) if no CERCLA funds are involved, and does not apply to voluntary PRP actions taken outside of a CERCLA or RCRA Section 7003 order (see OSWER Directive No. 9834.11 at p.3). Source: Larry Starfield (202) 382-7706 Research: Steven Campbell ------- 4. Technical Assistance Grants If a State is administering the Technical Assistance Grant (TAG) program in lieu of the EPA, would a grant recipient still have to provide 35 percent of the total costs of the Technical Assistance Grant project if the State provides a technical advisor to the recipient in lieu of a cash grant? Yes. Pursuant to Section 117(e) of CERCLA, as amended, the EPA may provide technical assistance grants to groups of individuals affected by releases or threatened releases from sites listed on the National Priorities List (NPL) or proposed for listing where a response action is underway. The March 24, 1988 Federal Register (53 FR 9736) promulgated interim final regulations for implementing EPA's TAG program. According to these regulations, eligible recipients must meet a number of requirements, including a contribution of 35 percent of the total costs of the technical assistance grant project (see 40 CFR Section 35.4085(a)). EPA will administer the TAG program in accordance with the regulations found in the March 24, 1988 Federal Register unless a State wishes to implement its own program. According to 40 CFR Section 35.4015(c), States wishing to administer the TAG program must inform the appropriate EPA Regional Administrator. If the State elects to administer the program it must do so in conformity with the regulations specified in the March 24, 1988 Federal Register (53 FR 9749). States choosing to administer the TAG program will receive technical assistance funds and administrative costs from the Agency under a cooperative agreement (see 40 CFR Section 35.4015(d)). Furthermore, following the criteria established in the March 24, 1988 Federal Register, the State may select qualified applicants and provide technical assistance in either of two ways: a State may provide technical assistance funds to an eligible group through a subgrant, and reimburse the recipient group for it's expenditures as provided in 40 CFR Section 30.4080 of the March 24, 1988 Federal Register (53 FR 9749, 40 CFR Section 35.4015(d)(l)); or use technical assistance grant funds to obtain the services of a technical advisor for the recipient. Even though the State will be providing the services of a technical advisor instead of providing technical assistance funds to a recipient, the matching requirement specified in 40 CFR Section 35.4085(a) is still applicable. Source: Daphne Gemmill (202)382-2460 Research: Steve Campbell ------- C CEPP 5. Section 302: Determining Threshold Planning Quantities A petroleum company is drilling for oil contained in the ground below their facility. Would the hydrogen sulfide present in the ground be counted toward the threshold planning quantity (TPQ) for this extremely hazardous substance (EHS)? Also, if there is a reportable release of this EHS above the reportable quantity (RQ) during this operation, would this release need to be reported under Section 302/304 of Title III? For the purposes of emergency planning, Section 302 of Title III, the EPA is considering the issue of whether to include amounts of EHS's naturally present within facility grounds in determining if the TPQ has been met or exceeded. This issue is not addressed in the regulations, and at this time has not been resolved by EPA. If the facility is generating hydrogen sulfide during its drilling operations, then the quantity they generate must be included in the TPQ determination for hydrogen sulfide. The facility is producing or causing the hydrogen sulfide to be present and is therefore subject to Section 302 reporting. A release of hydrogen sulfide above its RQ that affects persons off-site must be reported under Section 304 of Title III since the release would occur from the facility. The quantity of such releases may be determined. Source: Rick Horner (202) 382-7945 Kathy Bishop (202) 382-7912 Research: Jim Buchert 6. Sections 311/312: Multiple Facility Reporting A petroleum company owns many oil wells on a large oil field. Each well is on its own plot of land. These plots of land are not adjacent or contiguous and the oil field itself spans many local planning districts. For purposes of Sections 311/312 reporting, is each oil well a separate facility and must separate reports be filed for each oil well? The definition of facility for Sections 311/312 includes "all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites that are owned or operated by the same person" (52 FR 38364). Therefore, unless the well properties are adjacent or contiguous, each well is a separate facility. The Title III definition of facility ------- 6. Sections 311/312: Multiple Facility Reporting (Cont'd) applies to the land surface only; the fact that one oil company may own the subsurface rights of an entire oil field does not make the field one "facility." Under Sections 311/312, a report must be prepared for each facility owned or operated by the same person. The regulations stipulate that certain information must be provided to the specified agencies. Nowhere do the regulations stipulate a separate report for each facility. Since EPA does not stipulate a separate report for each facility, EPA does not prohibit one report being filed for similar multiple facilities, so long as the report satisfies the statutory information requirements. Filing one report for similar multiple facilities is a kind of "generic reporting." A generic report would consist of one submission for each section - one MSDS for each reportable chemical and one Tier I/II - which would provide the required information on each well (facility). However, a generic report may only be submitted for similar facilities. In order for facilities to be considered similar, they must have present the same extremely hazardous substances and hazardous substances on-site at any one time in similar amounts. If the facilities are not similar, the generic report would not contain the facility-specific required information and the facility would not be considered in compliance with Sections 311/312. When submitting a report under Sections 311/312, the report must be sent to the SERC, the LEPC and the fire department. In the case of a generic report being submitted, the report must be submitted to every SERC, LEPC and fire department under whose jurisdiction the similar facility crosses. In the case of reporting for an oil field and oil wells therein, generic reporting will prove beneficial since most wells are similar on a given field. Simply make sure that the wells are in fact similar, that the generic report provides the facility-specific information required and that the report is submitted to all relevant State and local agencies. In that manner, the generic report will provide all facility-specific information to all relevant State and local agencies. Source: Kirsten Engel (202) 382-7706 Research: Anita Bartera ------- II. ACTIVITIES - AUGUST 1988 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-Know Hotline responded to 17,255 questions and requests for documents in August. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls Call Document Requests Written Document Requests Referrals 7,544 801 253 1360 1,572 171 1,143 42 2^54 = 12,613 1,287 = 2,301 362 = 615 366 = 1,726 Totals 9,958 1,743 1,185 4,369 = 17,255 A. RCRA/Superfund Hotline Activities 2. On August 10, Tod Gold, Office of Emergency and Remedial Response briefed the Hotline on the National Contingency Plan. 3. On August 11, Jackie Krieger, Office of Solid Waste briefed the Hotline on Waste Minimization. 4. On August 17 and 18, Laurie Huber and George Kleevic RCRA/Superfund Hotline Information Specialists attended the UST Training Course offered by the Office of Underground Storage Tanks. 5. On August 18, Caroline Pryor, Hotline Section Chief met with Betti VanEpps, Office of Emergency and Remedial Response regarding the OERR Directives System. 6. On August 19, Denise Sines, Hotline Project Director met with Thea McManus, Office of Solid Waste, Project Officer, regarding Hotline operations. 7. On August 24 and 25, Chris Bryant, Hotline Section Chief attended the Governmental Refuse Collection and Disposal Association (GRCDA) held in Baltimore, Maryland. 8. On August 30, Laurie Huber, Hotline Information Specialist briefed the Hotline on the details of the UST Training Course. 9. On August 30, Denise Sines, Hotline Project Director met with Hubert Watters, Office of Emergency and Remedial Response, Deputy Project Officer, regarding Hotline operations. ------- 10. On August 31, George Kleevic, Hotline Information Specialist briefed the Hotline on the details of the UST Training Course. B. Emergency Planning and Community Right-to-Know Hotline Activities 11. On August 1, Stephanie Portalski, Hotline Information Specialist and Robert Costa, Title III Hotline Section Chief, attended the conference call with FEMA/EPA Regional Title III Coordinators on the status of the Title III activities. 12. On August 2, Anita Bartera, Hotline Information Specialist attended the Title III Workgroup meeting on the status of Title III activities. 13. On August 2, 9, 16, 23 and 30, Denise Sines, Hotline Project Director and Robert Costa, Hotline Section Chief, met with Anastasia Watson, Preparedness Program Liaison and Lawrence Pratt, Office of Toxic Substances, concerning Title IH/OTS related issues. 14. On August 3, members of the Title III Hotline met with Anastasia Watson and Tony Jover of the Preparedness staff along with an EPA contractor to discuss Title III information management issues for an upcoming EPA study. 15. On August 9 and 23, members of the Title III Hotline staff attended the Preparedness Staff meetings. 16. On August 10,17, 24 and 31, members of the Title III Hotline staff attended the Title III Outreach Subcommittee meeting on status of the Title HI communications strategy. 17. On August 11 and 25, Kim Jennings, Hotline Information Specialist attended the ARIP Regional Conference call on the status of ARIP implementation. 18. On August 15, Anita Bartera, Hotline Information Specialist attended the conference call with the FEMA/EPA Regional Title III coordinators on the status of Title HI activities. 19. On August 15, Minda Sarmiento, Hotline Information Specialist and Robert Costa, Hotline Section Chief, participated in a tour of the Title III Reporting Center. 20. On August 16, Robert Costa, Hotline Information Specialist attended the Title III Workgroup meeting on the status of Title III activities. 21. On August 17, Robert Costa, Hotline Section Chief met with Renee Rico of the Office of Toxic Substances on the status of Section 313 Petitions. ------- 22. On August 25, Minda Sarmiento, Hotline Information Specialist attended the NRT meeting on the status of Federal preparedness and response activities. 23. On August 25, Robert Costa, Hotline Section Chief attended the conference call with EPA Regional Outreach Coordinators on the status of the Title III communications strategy. 24. On August 29, Jon Roland, Hotline Information Specialist attended the conference call with the FEMA/EPA Regional Title III Coordinators on the status of Title HI activities. 25. On August 30, Minda Sarmiento, Hotline Information Specialist attended the Title HI Workgroup on the status of Title III activities. 10 ------- III. ANALYSES OF QUESTIONS - August 1988 Grand Total = 12,886 RCRA/Superfund Hotline Summary of Calls bv 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/0 General Information §3010 Notification §260.10 Definitions $260.22 Petitions/Delisting §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 kg/mo $262 Manifest Information $262 Accumulation $262 Recordkeeping & Reporting $262 International Shipments $263 Transporters 6% 10% 22% 11% 17% 9% 4% 15% 1% 8% 1% 3% 2% 5% 2% 1% 6% 446 99 95 39 157 242 553 582 189 168 117 95 150 102 104 119 38 38 69 Region 7 Region 8 Region 9 Region 10 International Calls Consultants Attorneys Laboratories Univ ./Researchers Trade Assodatons Insurance Co.'s Environmental Grouos Press Citizens Other RCRA §266 C Use Constituting Disposal §266 D HW Burned for Energy Recovery $266 E Used Oil Burned for Energy Recovery 8266 F Precious Metal Reclamation §266 G Spent Lead- Add 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% 11% 4% 0% 30% 9% 2% 2% 0% 0% 1% 1% 5% 1% 21 67 88 31 19 297 61 27 23 32 123 91 101 51 51 48 11 ------- RCRA §264/§265 TSDF A Scope/Applicability B General Facility Standards C Preparedness/Prevention D Contingency Plans E Manifest/Recordkeeping/Reportin< 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 Q Chem., Phys., Btol Treatment 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 §280 E Release Rpt. & Investigation Referrals Referrals - EPA HQ Other Hotlines Regions State GPO/NTIS/PIC/ORD/Dockets Other SUBTOTAL 142 25 9 1 9 27 105 133 53 71 168 67 15 1 4 38 26 51 6 3 1,081 85 28 47 47 26 14 23 51 30 23 64 23 40 1 17 86 260 367 55 925 R Underground Injection X Miscellaneous §268 General §268 Solvent & Dioxins §268 California List Wastes §268 Schedled Thirds §269 Air Emissions Standards §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 §280 F Corrective Action Petroleum 1 4 38 249 96 169 577 5 56 52 1 7 21 52 85 4 32 38 137 1,895 7,362 36 §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 Written Request Responses Referred to EPA Program Offices Referred to other Federal Agencies 1 2 61 52 1 2 27 1 2 1 5 36 1,491 2,296 0 38 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 42 0 0 0 275 0 0 253 12 ------- CERCLA Access & Information Gatherinq Administrative Record Allocations from Fund General ARARs CERCUS Citizen Suits Clean-Up Costs Clean-Up Standards Community Relations Contract Lab Program (CLP) Contractor Indemnification Contracts Definitions Emergency Response Enforcement Exposure AssessVRisk Assess. Federal Facilities Fund Balancing Grants Natural Resource Damages NBARs NCP Notification NPL 86 1 2 9 24 7 85 7 1 3 57 0 0 32 5 1 4 0 26 18 13 8 1 0 2 33 50 124 Off-Site Policy 1 3 On-OSite Policy csw PA/SI PRPs Public Participation Radon RCRA Interface RD/RA Remedial Removal Response RI/FS ROD FQ SARA Interface Settlements SITE Program State Participation State Program Taxes Title lll/Right-to-Know CERCLA Document Requests CERCLA SUBTOTOAL 1 1 2 1 0 1 15 1 7 1 1 2 23 1 7 0 40 26 3 1 7 29 21 1 9 2 4 43 255 1 502 TOTAL CALLS, DOCUMENT REQUESTS and REFERRALS 12,440 T3 ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report - August 1988 Total Calls: 4,007 Distribution of Calls by EPA Region 1 Region 2 Region 3 Region 4 Region 5 International 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. Clay & Glass 33 Primary Metals 34 Fabricated Metals 35 Machinery (Excluding Electri 36 Electrical & Electronic Equiprr 37 Transportation Equipment 38 Instruments 39 Misc. Manufacturing Not Able to Determine Total Mfg. (%) Title III General §301-3 Emergency Planning SERCs Notification TPQS Mixtures Extremely Hazardous Substances Regions 9% 10% 19% 12% 20% 0% 3% 0% 0% 0% 3% 0% 1% 0% 1% 1% 2% 3% 0% 2% 1% :al 1% ler 4% 2% 1% 1% 4% 42%| 401 214 94 53 72 1 1 290 Total Document Requesl Total Written Requests: Region 6 Region 7 Regions Region 9 Region 10 Unknown Distributors Handlers Attorneys Consultants/Engineers Laboratories Trade Associations Public Interest Groups Universities/ Academia Insurance Companies Hospitals State Aoencies/SERC Fire Departments EPA Local Officials LEPC Farmers Federal Agencies Media/Press Union/Labor Citizens Indians Other Total (%) Delisting EHS Exemptions (Total (%) s: 1,287 362 8% 4% 3% 1 1% 2% 1% 3% 10% 5% 13% 2% 2% 1% 2% 1% 1% 3% 1% 2% 2% 3% 0% 1% 1% 0% 3% 0% 2% 7%| 15 16 1 4%| 14 ------- §31 1/S312 General MSDS Reporting Requirements Tier l/ll Regulations Thresholds OSHA Expansion Hazard Categories Mixtures Exemptions [Total (%) §313 General Form R Thresholds Phase II Phase III Workshop (Training) Petitions Health Effects Database Mass Balance Study [Total (%) Referrals oem Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline Other Total Referrals 467 399 286 367 264 63 68 167 37%| 836 360 217 70 2 1 22 6 16 0 26%| 1 13 0 6 1 18 10 22 97 366 Document Requests: No. of Documents Requested: 1,287 3,167 Training: General §305 Training Grants §305 Emergency Systems Review §126 (SARA) Training Regulations I Total (%) CEPP: Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title III Workshops Information Management Prevention ARIP Other (Total (%) Trade Secrets (Total (%) Enforcement iTotal (%) Liability ITotal (%) Release Notification General Notification Requirements Reportable Quantities RQsvs.TPQs CERCLA vs. §304 Transportation Exemptions ITotal (%) 8 8 1 9 1 7 1 % 7 13 82 76 4 0 8 1 1 13 6%| 78 1 %l 45 1 %| 4 0 % 66 65 37 21 62 1 7 29 5 % 15 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 IV. PUBLICATIONS - AUGUST 1988 RCRA The document entitled "1986-1987 Survey of Selected Firms in the Commercial Hazardous Waste Management Industry" is available from EPA's Office of Policy Analysis. The following document is available from the National Technical Information Service: Characterization of Municipal Solid Waste in the U.S., 1960-2000; order number is PB-88-332-780. The following two documents may be obtained from the RCRA Information Center: —Groundwater Monitoring Quality Assurance for RCRA —RCRA Program Evaluation Guide The Hotline may take requests for the following documents: • Federal Register - (8/24/88) Proposed Revisions to Criteria for Municipal Solid Waste Disposal Landfills (EPA/OSW-FR-88-013); • Proposed Revisions to Criteria for Municipal Solid Waste Disposal Landfills: A Summary (EPA/530-SW-88-048); Used Oil Recycling (Brochure) (EPA/530-SW-88-047); • Federal Register - (7/26/88) Ground-Water Monitoring at Hazardous Waste Facilities: Proposed Amendments to the Rule (OSW-FR-88-012); • Federal Register - (8/17/88) Land Disposal Restrictions for First Third Scheduled Wastes: Final Rule (EPA/OSW-FR-88-011). CERCLA The Policy for Listing "Unwilling" Parties on the National Priorities List (NPL) is available through the Public Information Center. 16 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 V. FEDERAL REGISTER NOTICES - AUGUST 1988 Former Notices with Open Comment Period May 5,1988; 53 FR 16086 (interim final rule) June 2,1988; 53 FR 21040 (notice of data availability) June 13,1988; 53 FR 22043 (notice of availability) June 20,1988; 53 FR 23128 (proposed rule) June 23,1988; 53 FR 23661 (proposed rule with request comment) 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 provides data and requests comment on issues pertaining to infectious waste. EPA accepted public comments on the issues posed in this notice until August 1, 1988. This notice announces the availability of an interim final guidance manual entitled Alternate Concentration Limit Guidance: Case Studies. EPA accepted comments until August 12,1988. This rule grants a petition by proposing to delete the toxic chemical, melamine, from the list of toxic chemicals under Section 313 of SARA Title III. Comments on the delisting of melamine were 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 were accepted until August 8,1988. 17 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 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) June 27,1988; 53 FR 24141 (availability of two documents with request for review and comment) July 5,1988; 53 FR 25218 (notice of proposed consent decree) July 11,1988; 53 FR 26090 (notice of intent to delete) 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 were 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 were 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 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 partial consent decree pursuant to CERCLA Section 106 and RCRA Section 7003 in United States vs. V.A. & F. Materials Company. DOJ will receive comments for 30 days after the date of this notice. This notice announces EPA's intent to delete the A.L. Taylor site in Brooks, Kentucky from the National Priorities List. EPA accepted comments on the deletion until August 10, 1988. 18 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 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 15,1988; 53 FR 26858 (notice of proposed settlement) July 15,1988; 53 FR 26859 (notice of proposed settlement) July 19,1988; 53 FR 27268 (proposal to clarify the Federally Permitted Release exemption) 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 were 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 were accepted until August 29,1988. 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. Comments were accepted until August 15,1988. Notice of proposed settlement under CERCLA Section 122(h) for response cost claims at the Babb Drum site in Little Chicago, South Carolina. Comments were accepted until August 15,1988. This rule proposes to clarify the Federally permitted release exemption for hazardous substances under CERCLA Sections 101(10), 103, and 107 and also, Section 311 of the Clean Water Act. Comments must be submitted on or before September 19, 1988. 19 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 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) July 26,1988; 53 FR 28160 (notice of proposed consent decree) This notice announces the Agency's intent to delete the Matthews Electroplating site in Roanoke County, Virginia from the National Priorities List. Comments were accepted until 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 accepted 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 accepted 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 begin checking for compliance with the HCS in programmed inspections August 1, 1988. 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. 20 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 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) July 29,1988; 53 FR 28772 (notice of final rule) This notice announces a proposed consent decree in United States vs. Olin Corporation under Section 122(i) of CERCLA. The Department of Justice accepted 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 received 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 accepted 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 accepted comments until August 29, 1988. This rule publishes the procedures for claims 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. 21 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August Federal Register Notices August 1,1988; 53 FR 28892 (request for comments on the use of new data) August 2,1988; 53 FR 29037 (final rule) August 2,1988; 53 FR 29058 (proposed rule) August 2,1988; 53 FR 29166 (proposed rule) August 2,1988; 53 FR 29067 (proposed delisting) This notice requests comments on the use of new data associated with Subtitle D Muni- cipal Landfills, soil data, and chemical- specific data in calculating dilution/ attenuation factors (DAFs) of organic constituents proposed as characteristically toxic in the June 13,1986 Federal Register. Comments were accepted until August 31, 1988. This rule provides a final exclusion from the list of hazardous wastes contained in 40 CFR Part 261 for certain solid wastes generated by Lederle Laboratories, Pearl River, New York. In this notice the EPA proposes to grant a petition submitted by Vulcan Materials Company, Port Edwards, Wisconsin, to exclude on a one-time basis, certain solid wastes generated at its facility from the list of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until September 16,1988. In this notice the EPA proposes a guideline for Federal procurement of certain insulation products containing recovered materials. The guideline would implement Section 6002(e) of RCRA as amended. EPA will accept comments on this notice until September 1,1988. This notice proposes to grant a petition submitted by CF & I Steel Corporation, Pueblo, Colorado, to conditionally exclude certain solid wastes generated at its facility. Comments will be accepted until September 16,1988. 22 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August 4,1988; 53 FR 29396 (proposed consent decree) August 4,1988; 53 FR 29428 (proposed rule) August 5,1988; 53 FR 29460 (state program revisions) August 5,1988; 53 FR 29461 (state program revisions) August 5,1988; 53 FR 29484 (notice of intent to delete site the NPL) This notice proposes a consent decree pursuant to CERCLA against Ceramic Tile Co., et al. Comments will be received for a period of 30 days after the publication of this notice. This proposed rule establishes arbitration procedures for small Superfund Cost Recovery claims under CERCLA Section 107(a) and Section 122(h). Comments must be submitted on or before October 3,1988. This rule announces EPA's intention to approve North Carolina's hazardous waste program revisions and announces the availability of the revisions for public review. Comments on the State program revisions must be received by the close of business September 6, 1988. This rule announces EPA's intention to approve South Carolina's hazardous waste program revisions and announces the availability of the revisions for public review. Comments on the State program revisions must be received by the close of business September 6,1988. This notice announces EPA's intent to delete the Mowbray Engineering Company site from the National Priorities List (NPL). Comments may be submitted on or before April 29,1989. 23 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August 8,1988; 53 FR 29789 (notice of three proposed consent decrees) August 8,1988; 53 FR 29789 (notice of proposed partial consent decree) August 8,1988; 53 FR 29790 (notice of proposed consent decree) August 9, 1988; 53 FR 30002 (notice of comments) August 9,1988; 53 FR 30005 (policy statement) This notice announces three proposed consent decrees in United States vs. Morton Thiokol, Inc., et. al. under Section 107 of CERCLA. The consent decrees were lodged with the U.S. District Court for the District of New Jersey. The Department of Justice will receive comments until September 7, 1988. This notice announces a proposed partial consent decree in United States vs. Rohm and Haas Company, Inc., et. al. under Section 107 of CERCLA. The proposed consent decree was lodged in the U.S. District Court for the District of New Jersey. The Department of Justice will receive comments on this notice for a period of 30 days. This notice announces a proposed consent decree under CERCLA Section 107 in United States vs. Russell Martin Bliss, et. al. The proposed consent decree was lodged with the United States District Court for the Eastern District of Missouri, Eastern Division. The Department of Justice will receive comments for a period of 30 days on this notice. This notice solicits comments on additional criteria for determining when the owner or operator of a site is considered unable to pay for addressing the contamination at a RCRA- regulated site, and therefore, the site should be proposed for the NPL. Comments may be submitted on or before October 11,1988. This notice discusses the Agency's policy for determining when owners and operators of RCRA facilities are unwilling to perform corrective action, and therefore, the site should be proposed for the NPL. 24 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August 9,1988; 53 FR 29988 (notice of correction) August 9,1988; 53 FR 29959 (announcement of proposed partial consent decrees) August 10,1988; 53 FR 30054 (notice of EPA's intent to approve state program revision) August 10,1988; 53 FR 30055 (notice of EPA's intent to deny petitions) August 10,1988; 53 FR 30120 (notice of proposed consent decree) This notice provides a technical correction to the August 2,1988 Federal Register. The August 2,1988 Federal Register provided a final exclusion from the list of hazardous wastes contained in 40 CFR Part 261 for certain solid wastes generated by Lederle Laboratories, Pearl River, New York. This notice announces two proposed partial consent decrees in United States vs. Cannon Engineering Corporation, et. al. under CERCLA. The consent decrees were lodged with the United States District Court for the District of Massachusetts. The Department of Justice will receive comments for a period of 30 days. This notice announces EPA's intent to approve New Jersey's application for a State program revision under RCRA. All comments on New Jersey's program revision application must be received by September 9, 1988. This notice announces EPA's intent to deny petitions submitted by seven petitioners to exclude their wastes from the hazardous waste list found in 40 CFR Part 261. This notice announces a proposed consent decree in United States vs. City Industries et al., under CERCLA. The consent decree was lodged with the United States District Court for the Middle District of Florida. The Department of Justice will receive comments on this notice for a period of 30 days. 25 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August 12,1988; 53 FR 30452 (announcement of EPA's intent to delete site from the NPL) August 16,1988; 53 FR 30908 (final rule) August 17,1988; 53 FR 31000 (final authorization) August 17,1988; 53 FR 31138 (first third scheduled wastes; final rule) August 18,1988; 53 FR 31330 (delisting petition; final rule) In this notice EPA announces its intent to delete the Toftdahl Drums Site in Brush Prairie, Washington, from the NPL. EPA has determined that the appropriate remedy has been completed and that the site poses no further threat to public health or the environment. Comments on the deletion will be accepted until September 12,1988. This rule sets forth effective dates restricting the disposal of California list wastes (as defined in Section 3004(d) of RCRA) and selected wastes under Section 3004(g) of RCRA by underground injection. Notice announcing EPA's intent to approve Mississippi's hazardous waste program revisions. Mississippi's application for revision is open for public review and comments. All comments must be received by the close of business September 16,1988. The notice finalizes specific treatment standards and effective dates for the first third scheduled wastes, restricting them from land disposal. This rule was effective on August 8, 1988 except for the modification to 40 CFR Section 268.5(h)(2) which becomes effective November 8, 1988. This rule provides a final exclusion from the list of hazardous wastes contained in 40 CFR Part 261 for certain solid wastes generated by the ELI Lilly and Company at the Clinton, Indiana facility. 26 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August 18,1988; 53 FR 31402 (lodging of stipulation pursuant to CERCLA) August 18,1988; 53 FR 31403 (lodging of consent decree pursuant to CERCLA) August 22,1988; 53 FR 31871 (final rule) August 25,1988; 53 FR 32480 (notice announcing proposed consent decree) August 29,1988; 53 FR 32899 (notice of hearing date post- ponement) This notice announces a proposed stipulation pursuant to CERCLA against American Creosote Works of Florida, Inc. The Department of Justice will receive comments relating to the proposed stipulation for a period of 30 days from the date of this publication. This notice announces a proposed consent decree against Louis Serafini et al. pursuant to CERCLA. The Department of Justice will receive comments related to the consent decree for 30 days from the date of this publication. The Superfund Amendments and Reauthorization Act of 1986 (SARA) Section 109(e) authorizes the use of other than competitive procedures, i.e., other than full and open competition, in procuring the services of experts for use in preparing or prosecuting a civil or criminal action under SARA. This Federal Register establishes a final rule regarding the EPA's procurement procedures for contracting for expert services under Section 109(e) of CERCLA as amended. This notice announces a proposed consent decree in United States vs. Browning Ferris Industries; Chemical Services, Inc.; and CECOS International under Section 3008 of RCRA. The Department of Justice will accept comments for 30 days. The notice postpones the North Carolina withdrawal proceeding hearing date that was established in the June 7,1988 Federal Register. 53 FR 20845. It will be postponed until further notice. 27 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 August 29,1988; 53 FR 32949 (proposed partial consent decree) August 30,1988; 53 FR 33314 (proposed rule) August 30,1988; 53 FR 33152 (notice of data availability extension of comment period) August 31,1988; 53 FR 33618 (notice of draft guidance, request for comments) The notice announces a proposed partial consent decree in United States vs. McGraw- Edison Company, et al. pursuant to CERCLA for its Olean Well Field Site located in Olean, New York. The Department of Justice will receive comments for 30 days from the date of this publication. The proposal revises the criteria for classification of solid waste disposal facilities and practices set forth in 40 CFR Part 257. This proposed action would amend Part 257 by including information requirements for certain solid waste disposal facilities and sets forth specific requirements for municipal solid waste landfills in Part 258. These specific requirements include: location restrictions, facility design and operating criteria, ground-water monitoring requirements, corrective action, and closure/post-closure care. Comments must be submitted on or before October 31,1988. The notice extends the comment period on the supplement to the Toxicity Characteristic proposed rule and use of the ground-water model for the Delisting Program, which appeared in the Federal Register on August 1, 1988 (53 FR 28892). The Agency will accept comments until September 22, 1988. This notice presents draft guidance to States for meeting the capacity assurance requirements under Section 104(c)(9) of CERCLA as amended by SARA. Comments must be submitted no later than September 30,1988. 28 ------- 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 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 Al Goodman, EPA-Portland, OR 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 Bob Kievit, EPA-Olympia, WA 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 Lowrance, 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 Steve Provant, EPA-Boise, ID 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 Steve Torok, EPA-Juneau, AK Betty VanEpps, OS-240 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 29 ------- |