UNITED STATES ENVIRONMENTAL PROTECTION^^MWp-'l \ /CT I"")
                         WASHINGTON. D.C. 20460     I \ L-X> CL I V  C. L^
                               NOV  15        530R88109
                                                              OFFICE OF
                                                    SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT:  Final Monthly Report - RCRA/Super fund Industrial Assistance
           Hotline and Emergency Planning and Community Right-To-
           Know Information and Title III Hotline Report for September 1988
                                                   oJ^~
FROM:     Thea McManus, Project ~'"   ' x  "' ^'  '"
           Office of Solid Waste
           Hubert Waiters, Deputy Project Officer
           Office of Emergency and Remedial Response

TO:        See List of Addressees

      This report is prepared and submitted in support of Contract #68-01-7371.

I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES - SEPTEMBER 1988

 A.  RCRA

 1. Changes During Interim Status

 An interim status facility owner or operator wants to retrofit his hazardous waste
 tank system in order to comply with the secondary containment requirements in
 40 CFR Section 265.193.  Is this retrofitting activity considered a change during
 interim status and thus prohibited if the cost exceeds 50 percent of what a new
 facility would cost (under the 50% reconstruction limit in Section 270.72)?

    According to 40 CFR Section 270.72(e) (as amended in the July 14, 1986 Federal
    Register. 51 FR 25486) changes made solely for the purpose of complying with
    the requirements of Section 265.193 for tanks and ancillary equipment are not
    subject to the reconstruction limit  in Section  270.72(e).  However, Section
    270.72(e)  was also amended in the July 8,1987 final rule (see 52 FR 25792, July 8,
    1987 Federal Register) to include changes solely for purposes  of complying with
    the land disposal restrictions in 40 CFR Part 268 or RCRA Section  3004.  When

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  1. Changes During Interim Status (Cont'd)

    Section 270.72(e) was amended, the original language regarding changes made
    in order to comply with Section 265.193, was inadvertently left out.  Therefore,
    retrofitting a hazardous waste tank solely for purposes of complying with the
    requirements in Section 265.193 would constitute a change during interim
    status that is subject to the 50% reconstruction limit.
  Source:    Chester Oszman   (202) 382-4499
  Research:  Joe Nixon

  2. Oil and Gas Exclusion Applicability

  A cavern beneath the earth's surface is used to store natural gas that is later
  consumed for home heating during winter months.  Several compression stations
  that require movement of the natural gas are operated at ground level.  A  RCRA
  hazardous waste is generated at each compression station.  Is this  waste exempt
  from regulation as a hazardous waste?

    Wastes associated with  and  unique to the  exploration, development, or
    production of natural gas are excluded from regulation as a hazardous waste as
    per 40 CFR Section 261.4(b)(5).  The natural gas stored in this specific instance
    must be retrieved  from storage  in much  the same manner as when  it was
    originally produced prior to storage, and the wastes generated in both cases will
    be nearly identical.  In EPA's "Regulatory Determination for Oil and Gas and
    Geothermal Exploration, Development and Production Wastes," 53 FR 25446
    (July 6, 1988), the Agency determined that wastes from subsurface gas storage
    and retrieval are exempt from hazardous waste regulation under RCRA,  except
    for such of those wastes which  are not intrinsically associated with the removal
    of the gas; the Regulatory Determination also lists some of these wastes.  See 53
    FR  at 25454.   In  addition, wastes  associated  with  manufacturing or
    transportation, including movement by pipeline off-site, are not exempt from
    hazardous waste regulation, nor are wastes generated at the gas storage  facility
    that are not uniquely associated with the gas retrieval process.

  Source:    Mike  Fitzpatrick   (202) 475-6783
  Research:  George Kleevic

3. Land Disposal Restrictions - First  Third

On August 17,1988, EPA promulgated a final rule on the "first third" of listed  wastes
which were banned from land disposal on August 8, 1988 (53 FR 31138). In this final
rule, the Agency did not establish treatment standards for many of the wastes  that

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3. Land Disposal Restrictions - First Third (Cont'd)

were on the  first  third list,  but did promulgate regulations to allow for the
continued  land disposal of these wastes  (Section 268.8).  These so-called  "soft
hammer" wastes may be  land disposed  until May 8, 1990,  or  until treatment
standards or extensions to the effective date are promulgated, whichever is later and
provided the generator of the waste complies with Section 268.8.

What must a generator of "soft hammer" waste do in order to  land dispose of his
waste?

     Basically, the generator must demonstrate and certify that there is no practically
     available treatment that reduces toxicity or mobility of the  waste and that
     disposal of these wastes  in a landfill or impoundment is the only practical
     alternative. (Any landfill or impoundment that receives "soft hammer" waste
     must meet the minimum technological requirements of RCRA Section 3004(o),
     which consists of a double liner, leachate  collection system and groundwater
     monitoring.)   If treatment is practically available, the generator must certify
     that his  waste is being  treated by the treatment  that provides the  most
     environmental  benefit that  is  practically  available.  The  residuals  from
     treatment of "soft hammer" waste remain "soft hammer" waste.  Thus, if these
     residues   (e.g.,  incinerator  ash)  are disposed  in  a landfill  or surface
     impoundment unit, that  unit  must  be in compliance with the minimum
     technological requirements of Section 3004(o).

     Where the generator determines that there  is no practically available treatment
     prior to disposal, with the initial shipment of waste, the generator must submit
     a copy of his demonstration/certification to the Regional Administrator and  to
     the receiving facility.  With each subsequent shipment, only the certification is
     required to be submitted, provided that the conditions being  certified remain
     unchanged.  This paperwork trail is the same for  situations where treatment
     prior to disposal is practically available.

Source:     Bill Fortune       (202)475-6715
Research:   Chris Bryant
CEPP

4.  Section 311: MSDS Chemicals List Requirements

Is  the submission of a  Tier II form  an  acceptable method of reporting a list of
hazardous chemicals grouped by hazard category under Section 311 of Title III?

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4.  Section 311: MSDS Chemicals List Requirements (Cont'd)

    Section 311 of Title III requires facilities to submit copies of Material Safety Data
    Sheets (MSDS) or a list of hazardous chemicals grouped by hazard category for
    those chemicals present above an applicable threshold.  The language "grouped
    by hazardous category"  in the regulations  means that the facility needs to
    submit a list of hazardous chemicals with each of the hazard categories
    identified.  Since the Tier II  form would certainly contain at least as much
    information as a list of hazardous chemicals grouped by hazard  category, it
    would be an acceptable submission for a list of MSDS chemicals under Section
    311.

    Facility owner/operators may feel that this submission of a Tier II would satisfy
    the Section 312 requirements, and therefore not submit a Tier II before March 1
    of the following year.  Section 312 would require a Tier n submission between
    January 1 and March 1 of the following year. This submission is required in
    order  for the facility to verify  that the information  is correct  for the entire
    calendar year.

Source:     Kathy Brody       (202) 475-8353
Research:   Jim Buchert

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II. ACTIVITIES - SEPTEMBER 1988
 1. The RCRA/Superfund Hotline and Emergency Planning and Community
    Right-to-Know Hotline responded to 16,150 questions and requests for
    documents in September.  The breakdown is as follows:

                             RCRA     Superfund  UST   CEPP
Information Calls
Call Document Requests
Written Document Requests
Referrals
5,467
1,895
355
925
1,247
255
805
1,491
2,028= 9,547
1,007= 4,648
257 = 612
418 = 1,343 -
Totals
8,642
1,502     2,296   3,710  = 16,150
 A.  RCRA/Superfund Hotline Activities

 2. On September 1, Allen Geswien, OSW briefed the RCRA/Superfund Hotline on
    the proposed solid waste disposal facility criteria.

 3. On September 1, Laurie Huber and George Kleevic, Hotline Information
    Specialists attended the OUST briefing on the final rule for USTs.

 4. On September 7, Kate Connors, OSWER briefed the RCRA/Superfund Hotline
    on RTTTA Grants.

 5. On September 14,  Ed Klein, OSW briefed the RCRA/Superfund Hotline on the
    EPA's draft report entitled The Solid  Waste Dilemma:  An Agenda for Action.

 6. On September 27,  Suzanne Wells, Steve Caldwell and Agnes Ortiz, OERR
    briefed the RCRA/Superfund Hotline on the proposed revisions to the Hazard
    Ranking System.

 B. Emergency Planning and Community Right-to-Know Hotline Activities

 7. On September 1 and 2, John Ferris and Robert Costa of the Title III Hotline met
   with OTS contractors, providing comments on improving Section 313  Form R
   and instructions.

 8. On September 6,15, 22 and 29, Denise Sines, Title HI Hotline Project Director and
   Robert Costa, Title  m Hotline Section Chief met with Lawrence Pratt, OTS and
   Anastasia Watson,  Preparedness Program on the status of Title III Hotline.

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B. Emergency Planning and Community Right-to-Know Hotline Activities
   (Cont'd)

9. On September 7,14, 21 and 28, the Title III Hotline staff attended the Title III
  Outreach Subcommittee meeting on the status of Title III communications
  strategy.

10.  On September 7, Beverly Horn, OGC, Laurie Soloman, Preparedness Staff, and
    John Fogerty, OTS briefed the Title III Hotline staff on the trade secrets final
    rule.

11.  On September 9, Robert Costa, Title III Hotline Section Chief attended the
    meeting between the Title III Outreach subcommittee and the Office of Water
    regarding coordination of cross-cutting Title III issues.

12.  On September 12, Jim Styers and Robert Costa, Title HI Hotline attended the
    conference call with FEMA  and EPA Regional Title III coordinators on the
    status of Title III activities.

13. On September 13, John Ferris, Title III Hotline Information Specialist attended
   the Title in workgroup meeting on the status of Title HI  activities.

14.  On September 14, Denise Sines Title III Hotline Project Director and Robert
    Costa, Title HI Hotline Section Chief met with Kurt Patrizi, Safe Drinking
    Water Hotline Section Chief, Anastasia Watson, Preparedness Staff, Lorraine
    Orbeit, Office of Water, and Charlene Shaw, Office of Drinking Water to
    discuss continued coordination between the two Hotlines on all cross-cutting
    issues.

15.  On September 20, Doug Sellars, OTS and representatives of the Title III
    Reporting Center briefed the Title III Hotline on the status of the pre-fatal error
    reconstruct notices of non-compliances issued to 553  facilities.

16.  On September 21, Jim Buchert, Title in Hotline Information Specialist attended
    the Prevention workgroup  meeting on the status of prevention activities
    being developed or conducted as a follow-up to the emergency system review
    under Section 305(b).

17.  On September 26,  Minda Sarmiento, Title III Hotline Information Specialist
    attended the conference call with the FEMA and EPA Regional Title in
    coordinators on the status of Title HI activities.

18.  On September 27, Anita Bartera, Title in Hotline Information Specialist
    attended the Title in workgroup meeting on the status of Title III activities.

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B. Emergency Planning and Community Right-to-Know Hotline Activities
   (Cont'd)

19.  On September 29, Kathy Brody, Preparedness Staff and Kirsten Engel, OGC
    briefed the Title III Hotline on the status of Sections 311 and 312 issues raised
    by the American Petroleum Institute.

20.  On September 29, Stephanie Portalski, Title  HI Hotline Information Specialist
    attended the NRT meeting on the status of Federal preparedness and response
    activities.

21.  On September 29, Jon Roland, Title III Hotline Information Specialist attended
    the conference call with EPA Regional Outreach Coordinators on the status-of
    the Title III communication strategy.

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III.  ANALYSES OF QUESTIONS - September 1988
                                                Grand Total  =  12,440
                           RCRA/Superfund Hotline
Summary of Calls by EPA Reqion
Region 1
Region 2
Region 3
Region 4
Region 5
Reqion 6
6%
9%
19%
12%
18%
9%
Region 7
Region 8
Region 9
Region 10
International Calls
5%
5%
13%
4%
0%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
USTO/O
RCRA
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 kg/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reporting
§262 International Shipments
§263 Transporters
3%
15%
2%
7%
1%
2%
2%
5%
2%
1%
13%

451
1 18
134
50
169
342
586
659
191
158
92
77
145
102
123
123
36
31
48
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
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
24%
7%
4%
2%
0%
1%
1%
1%
. 4%
1%

9

68

87
28
1 8
510
126
52
34
26
70
97
1 4
40
58
33

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RCRA-TSDF/S.264 and §265
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
14
38
26
51
6
3

1,081
85
28
47
47
26
14
23
51
30
23
64
23

40
117
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
§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
38
249
96
169
577
5
56
52
1 7
. 21
52
85
4
32
38
137
1,895
7,362

36

1 2
61
52
12
27
1 2
15
36
1,491
2,296


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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
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
General
Grants
Hazardous Substances
Health/Toxics
MRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
Written Request Responses
Referred to EPA Program Offices
Referred to other Federal Agencies
Referred externally (state,
organizations, etc.)
Response Form Sent
Response Form Sent/FOIA
Form Letter Sent/Need More Info.
Requests Filled - RCRA
- CERCLA
-UST
SUBTOTAL
86
1 2
9
7
85
7
13
57
0
0
32
5
14
0
26
18
13
8
24
1
182
2
23
83
5
0
2
33
50
124
0
38
0

42
0
0
0
275
0
0
355
Off-Site Policy
On-OSite Policy
osm
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
RQ
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Riqht-to-Know
CERCLA Document Requests
CERCLA SUBTOTOAL
1 3
1 1
2
1 0
1
15
1 7
1
12
23
1 7
0
40
26
3
1 7
29
21
19
2
4
43
255
1 502

TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
12,440

10

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Emergency  Planning  Community  Right-to-Know  Information  Hotline
        Daily/Monthly  Summary  Report  -  September  1988
Total Calls: 3,453
Distribution of Calls by EPA Regions
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 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 Equipmer
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
6%
1 1%
19%
13%
23%
0%

2.30%
0.03%
0.46%
0.03%
0.52%
0.40%
0.87%
1 .40%
8.80%
2.50%
3.00%
0.06%
1 .50%
1 .00%
5.80%
1.10%
3.50%
1.70%
0.52%
0.87%
2.30%
39%|

407
180
125
59
35
4
177
Total Document Requests:
Total Written Requests:
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
Distributors
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

Total (%)

Delisting EHS
Exemptions

iTotal (%)
1,007
257
7%
6%
2%
9%
2%
2%
5.30%
9.20%
5.50%
12.40%
1 .30%
1.10%
0.92%
2.30%
0.32%
1.40%
3.40%
1 .50%
2.40%
2.50%
2.40%
0.26%
0.84%
1.20%
0.06%
4.40%
0.06%
2.00%

9.10%|

1 1
14

13.50%|
                               11

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§311/§312
General
 363
 MSDS Reporting Reguirements
 346
Tier  l/ll Regulations
 248
Thresholds
 317
 OSHA Expansion
 176
 Hazard Categories
  62
 Mixtures
  54
 Exemptions
 142
ITotal  (%)
38%l
 §313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
ITotal (%)
540
338
168
60
4
3
18
1
9
0
25.50%l
 Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
116
0
1
130
13
44
114
41 8
 Document Requests:             1,007
 No. of Documents Requested;     2.164
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
(Total (%)
CEPP: Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
iTotal (%)
Trade Secrets
ITotal (%)
Enforcement
ITotal (%)
Liability
ITotal (%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQsvs.TPQs
CERCLA vs. §304
Transportation
Exemptions
ITotal (%)
5
6
20
20
1.10%
3
1 4
64
' 59
1
1
1
0
105
5.50%
28
0.62%
45
1.00%
1
0.02%

59
38
45
26
54
7
13
5.40%
                                           12

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                            RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
IV. PUBLICATIONS - SEPTEMBER 1988

 RCRA

 The Solid  Waste Dilemma:  An Agenda for Action  is available from the EPA
 Cincinnati warehouse.  The order number is 530/SW-88-052.

 EPA Manual for Waste Minimization Opportunity Assessments   is available from
 EPA's Office of Research and Development at (513) 569-7562. The publication
 number is EPA 600/2-88/025.

 The following documents  are available from the National Technical Information
 Service at (703) 487-4650.

    —Background Document for The Solid  Waste Dilemma:   An Agenda for
      Action. The order number is PB88-251-137.

    —Appendices A-B-C (for The Solid Waste Dilemma:  An Agenda for Action).
      The order number is PB88-251-145.

    —Interim Status  Surface Impoundments Retrofitting  Variances  Guidance
      Document (OSWER Directive No. 9484.50-1A). The order number is PB86-
      212-263/AS.

    —Background Document for First Third  Wastes to Support 40 CFR Part 268
      Land Disposal Restrictions Final Rule, First Third Waste Volumes,
      Characteristics, and Required and Available Treatment  Capacity.  The order
      number is PB88-246-145.
 Leak Lookout, an Office of Underground Storage Tanks (OUST)  brochure, is
 available by calling the RCRA/Superfund Hotline.

 Funding Options for States and Local Governments, published by OUST, is
 available by calling the RCRA/Superfund Hotline.
                                     13

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CERCLA

CERCLA Compliance With Other Laws, Volume I  (Draft Guidance Manual, with
the OSWER Directive No. 9234.1-01) is available from the Superfund Docket at
(202) 382-3046.
                                   14

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES - SEPTEMBER 1988
Former Notices with Open Comment Period
May 5,1988; 53 FR 16086
(interim final rule)
June 27,1988; 53 FR 24141
(availability of two documents
with request for review
and  comment)
July 19,1988; 53 FR 27268
(proposal to clarify the
Federally Permitted Release
exemption)
July 26,1988; 53 FR 28160
(proposed rule)
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 were accepted until
September 2,1988.

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.

This is an interpretative rule proposing
to clarify the Federally permitted release
exemption from CERCLA release, reporting
and liability provisions Sections 101(10), 103,
106, and 107 and also, Section 311 of the
Clean Water Act.  The official comment
period has been extended to October 19,1988.

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 accepted public comments
through September 26,1988.
                                      15

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                            RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 2,1988; 53 FR 29058
(proposed rule)
August 2,1988; 53 FR 29166
(proposed rule)
August 2,1988; 53 FR 29067
(proposed delisting)
August 4,1988; 53 FR 293%
(proposed consent decree)
August 4,1988; 53 FR 29428
(proposed rule)
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 were
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 accepted
comments on this notice through
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 were accepted through
September 16,1988.

This notice proposes a consent decree
pursuant to CERCLA against Ceramic Tile
Co., et al.  Comments were accepted through
September 4,1988.

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.
                                     16

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                             RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
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)
August 8,1988; 53 FR 29789
(notice of three proposed
consent decrees)
August 8,1988; 53 FR 29789
(notice of proposed partial
consent decree)
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 were accepted 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 were accepted 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 were accepted on or before
September 27,1988.

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 (DOJ)
received  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. DOJ received
comments on this notice for a period of 30
days or until September 8,1988.
                                      17

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                             RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 8,1988; 53 FR 29790
(notice of proposed consent
decree)
August 9,1988; 53 FR 30002
(policy statement)
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 30120
(notice of proposed consent
decree)
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. DOJ
received comments for a period of 30 days- on
this notice or until September 8, 1988.

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 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. DOJ received
comments for a period of 30 days or until
September 9,1988.

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 were received by September 9,
1988.

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 Court of Florida. DOJ
received comments on this notice for a
period of 30 days or until September 10,1988.
                                      18

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                             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 17,1988; 53 FR 31000
(final authorization)
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 25,1988; 53 FR 32480
(notice announcing proposed
consent decree)
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
were accepted until September 12,1988.

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 were received
by the close of business September 16,1988.

This notice announces a proposed
stipulation pursuant to CERCLA against
American Creosote Works of Florida, Inc.
DOJ received comments relating to the
proposed stipulation for a period of 30 days
from the date of this publication or until
September 19,1988.

This notice announces a proposed consent
decree against Louis Serafini et al. pursuant
to CERCLA. DOJ received comments related
to the consent decree for 30 days from the
date of this publication or until
September 19,1988.

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. DOJ accepted comments for 30 days
or until September 25, 1988.
                                      19

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                             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 Clean Well Field Site located in Clean,
New York.  DOJ received comments for 30
days from the date of this publication or until
September 29,1988.

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 accepted
comments through 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
were submitted no later than September
30,1988.
                                      20

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September Federal Register Notices

September 1,1988; 53 FR 33811
(notice announcing final deletion)
September 1,1988; 53 FR 33938
(notice of final rule)
September 2,1988; 53 FR 34079
(notice of final rule)
September 2,1988; 53 FR 34173
(notice of proposed consent decree)
This notice announces the deletion (final) of
two sites from the National Priorities List:
(1) Tri County Oil Conservationist, Inc.,
Tampa, FL; and, (2) Varsol Spill, Miami,
FL. This notice amends 40 CFR Part 300,
Appendix B (NPL).

This final rule amends the financial
responsibility requirements (40 CFR Parts
264 and 265, Subpart H) by allowing other
financial assurance mechanisms  for liability
coverage at RCRA treatment disposal storage
facilitities (TSDFs).  The rule allows letters of
credit, surety bonds, trust funds,  and
guarantees provided by firms that are not
direct parent companies of owners or
operators, to be used as financial assurance
mechanisms. This rule will be effective on
October 3,1988.

This final rule provides a clarification of:
(1)  the wastewater treatment unit and
elementary neutralization unit exemptions;
2) issues concerning secondary containment;
and, 3) the immediate response exemption of
Part 264 and 265. These issues are directly
related to the hazardous waste tank rules of
July 14,1986 (51 FR 25422).  This rule also
corrects several typographical errors  in the
tank regulations.

This notice announces the lodging of a
proposed consent decree in U.S.  v. Hoechst
Celanese Corporation. Comments will be
received by DOJ until  October 2,1988.
                                      21

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                             RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 7,1988; 53 FR 34593
(notice of proposed consent decree)
September 8,1988; 53 FR 34758
(notice of correction)
September 8,1988; 53 FR 34759
(notice of correction)
September 9,1988; 53 FR 35110
(notice of proposed settlement)
September 13,1988; 53 FR 35373
(notice of proposed settlement)
This notice announces the lodging of a
proposed consent decree in U.S. v. the Jones
Graham Brown Foundation, Inc.  Comments
will be received by DOJ until October 7,1988.

This notice clarifies errors made in the final
authorization of South Carolina's
hazardous waste program, published on
August 5,1988 (53 FR 29461). This notice
corrects the effective date for the final
authorization of South Carolina,  and
extends the comment period deadline to
October 6,1988.

This notice corrects the list of authorities that
were originally published in the December 1,
1987 Federal Register (52 FR 45634) for final
authorization of Florida's hazardous waste
management program. Two portions of
Florida's authorized program ("analogs")
were inadvertently omitted from the original
notice.  Comments on these omitted
provisions were accepted until September 31,
1988.

This notice annnounces a proposed
settlement under Section 122(h) of CERCLA
between EPA and Atlanta Gas Light
Company, Atlanta, GA, for  the Rome Coal
Tar Site. Comments  will be received until
October 9,1988.

This notice announces a proposed settlement
under Section 122(h)  of CERCLA  between
EPA and Mr. J.  Harvey Cleveland, Jr.
Comments will be received  until  October 13,
1988.
                                      22

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                            RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 13,1988; 53 FR 35373
(notice of proposed settlement)
September 13,1988; 53 FR 35412
(notice announcing listed wastes)
September 15,1988; 53 FR 35836
(determination for final
authorization)
September 16,1988; 53 FR 36070
(notice of proposed rule)
September 20,1988; 53 FR 36474
(correction to the NPL deletion
 notice)
September 20,1988; 53 FR 36489
(notice of proposed settlement)
This notice announces a proposed settlement
between EPA and a potentially responsible
party (PRP) at the Clayton Ballfield Site,
Clayton, NC. EPA will accept comments
until October 13,1988.

EPA has listed those hazardous wastes which
were previously excluded by the Bevil
Amendment; specifically K064, K065, K066,
K088, K090 and K091.

Notice of tentative determination for final
authorization on application of Florida for
program revision. Comments must be
received by October 13,1988.

Notice to grant a one-time exclusion from
the lists of hazardous wastes for Clay-
Equipment, Cedar Falls, Iowa waste stream.
Comments will be accepted until October 31,
1988.

This notice corrects the date for which public
comments are to be submitted for the
deletion of the Mowbray Engineering
Company Site, Greenville,  AL, from  the
NPL. Comments must have been submitted
on or before September 27,1988.

This notice announces the  proposed
settlement pursuant to Section 122(h) of
CERCLA for the Bostic Equipment Garage
Drum Site, Holly Ridge, NC.  Comments
may be submitted on or before October 20,
1988.
                                     23

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                            RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 21,1988; 53 FR 36661
(notice of consent decree)
September 22,1988; 53 FR 36869
(notice of intent to delete from
the NPL)
September 22,1988; 53 FR 36883
(notice of avialability)
September 23,1988; 53 FR 37051
(notice of proposed settlement)
September 23,1988; 53 FR 37005
(notice of extended comment
period)
This notice announces the lodging of a
consent decree pursuant to CERCLA against
Goodyear Tire and Rubber Co., in the U.S.
District Court for Arizona. Comments will
be accepted until October 31,1988.

The EPA announces its intent to delete a site
from the NPL. The site is the New Castle
Steel Site, New Castle County, DE.
Comments will be submitted on or before
October 24,1988.

The EPA announces availability of a draft
report entitled,  The Solid Waste Dilemma:
An Agenda for Action.   Comments will  be
accepted until November 21, 1988.

Notice of proposed CERCLA settlement  with
EPA and Space Park East, Ltd. Comments
will be accepted until October 24,1988.

Comment period extended for the Federal
permitted release  reporting exemption.
Comments will be accepted until October 19,
1988.
September 23,1988; 53 FR 37045
(notice of clarification)
September 23,1988; 53 FR 37082
(notice of final rule)
September 26,1988; 53 FR 37344
(notice of proposed settlement)
Notice of clarification of RCRA requirements
for TSDFs which received mixed hazardous
waste.

EPA's final rule regarding underground
storage tanks holding regulated substances;
technical requirements and state program
approval.  This rule will be effective on
December 22,1988.

EPA proposes  a 100% settlement with
Mr. Boykin and Mr. Halphen for clean-up
costs pursuant to CERCLA. Comments will
be accepted until October 26,1988.
                                     24

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                             RCRA/Superfund Hotline
           National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 27,1988; 53 FR 37563
(notice of final rule)
September 27,1988; 53 FR 37601
(notice of proposed rule)
September 27,1988; 53 FR 37643
(notice of proposed settlement)
September 28,1988; 53 FR 37759
(final)
September 28,1988; 53 FR 37803
(notice of proposed petition)
September 28,1988; 53 FR 37808
(denial of proposed petition)
The Uniform Hazardous Waste Manifest,
which was to expire on September 30,1988,
has been extended until December 31,1988.

EPA is proposing to grant a one-time
exclusion of certain solid wastes generated by
Merck  & Co. , Elkton, WV, from the lists of
hazardous wastes contained in 40 CFR
Section 261.31 and Section 261.32.  Comments
will be accepted until November 14, 1988.

EPA proposes settlement with Sherwin-
Williams for response costs at the Simpson
Road Drum Site, Atlanta, GA. Comments
will be accepted until October 27,1988.

The EPA has denied a one-time exclusion
from the lists of hazardous wastes in 40 CFR
Section 261.31 and Section 261.32 to U.S.
Nameplate Co., Inc., Mount Vernon, IA.

The EPA is proposing to deny a petition
submitted by Weirton Steel Corporation in
Weirton, VA, to exclude certain solid wastes
from the lists of hazardous wastes.
Comments will  be accepted until
November 14, 1988.

The EPA is proposing to deny a petition
submitted by the Brush Wellman Corp.,
Bedford, OH, to exclude on a one-time basis,
certain solid wastes from the lists of
hazardous wastes.  Comments will be
accepted until November 14, 1988.
                                      25

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 28,1988; 53 FR 37912
(notice of final rule)
September 30,1988; 53 FR 38291
(withdrawal of final rule)
September 30,1988; 53 FR 38339
(notice)
This final rule establishes new procedures for
owners and operators who are making
changes at RCRA permitted facilities.  These
revised procedures have been divided into
three classes of permit modifications to allow
greater flexibility in modifying RCRA
permits.  This rule becomes effective
October 28,1988.

This notice announces EPA's withdrawal of
its final decisions to deny delisting
petitions for LTV Steel and Bethlehem
Steel.  These denials of petitions for
exclusions were originally based on the
Vertical and Horizontal Spread (VHS)
model, a model which was challenged
successfully in a recent court decision (see 53
FR 21639).  This rule is effective immediately.

This notice is a "short list" containing the
names of those parties debarred, suspended,
or voluntarily excluded from participation in
EPA-assisted programs under Part 32. This
list is current as of September 23,1988.
                                       26

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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
Susan Bullard, A-103
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
Mehnda Downing, DOE
Karen Ellenberger, OS-100
Terry Feldman, A-108
Tim Fields, OS-210
Priscilla Flattery, A-107
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
Julie Klaas, OS-500
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
Barbara Ramsey, A-104
Carl Reeverts, WH-550E
John Riley, OS-210
Suzanne Rudzinski, OS-343
Dale Ruhter, OS-320
Debbie Rutherford, OS-400
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
                                         27

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