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 ------- 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 ------- 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? ------- 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 ------- 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. ------- 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. ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- §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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- ------- |