* £ JSfa\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
S|u>r/ WASHINGTON, D.C. 20460
530R88110
JAN 5
MEMORANDUM OFFIC"
SOLID WASTE
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2. Financial Assurance
Three treatment, storage and disposal facilities (TSDFs) are wholly owned
subsidiaries of one company. The three facilities need financial coverage for
nonsudden accidental occurrences: $3 million per occurrence and $6 million
annual aggregate. Must the parent company provide the $3 million/$6 million
for each facility (a cumulative of $9 million/$18 million) or can all of the
facilities be covered by the $3 million/$6 million?
An owner or operator of a hazardous waste treatment, storage, or disposal
facility, or a group of such facilities must demonstrate liability coverage in the
amounts of $3 million per occurrence and $6 million aggregate (40 CFR
Section 264.147(b)). As explained in the April 16,1982 Federal Register (47 FR
16544), liability coverage is required on an owner or operator basis rather than
a facility basis. The annual aggregate coverage requirement takes into account
the risk of multiple occurrences among facilities owned by one company (47
FR 16546). Therefore, the company that owns three TSDFs as subsidiaries is
only required to have $3 million/$6 million nonsudden accidental coverage,
not $9 million/$18 million.
Source: Mark Pollins (202) 382-4780 \
Research: Renee Pannebaker
3. Definition of Wastewater Treatment Unit
On September 2,1988 (53 FR 34079), EPA published a clarification concerning the
scope of the wastewater treatment unit exemption (see 40 CFR Section
264.1(g)(6)). One aspect of this clarification concerned whether or not a tank
system is "dedicated" to an on-site wastewater treatment facility. Specifically,
EPA stated, "...if a tank system, in addition to be being used in conjunction with
an on-site wastewater treatment facility, is used on a routine or occasional basis
to store or treat a hazardous wastewater prior to shipment off-site for treatment,
storage or disposal, it is not covered by this exemption [emphasis added]."
Hazardous waste tanks which are part of wastewater treatment facilities
sometimes have waste removed from them for off-site disposal. Examples of
this situation include hazardous waste accumulation tanks (dedicated to on-site
wastewater treatment facilities) which must occasionally be cleaned out, and also
those tanks which produce (on a routine basis) filter cakes or sludge residues as
part of the wastewater treatment process. Does the removal of these wastes from
tanks for off-site disposal preclude these tanks from qualifying for the wastewater
treatment unit exemption?
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3. Definition of Wastewater Treatment Unit (Cont'd)
EPA stated that the wastewater treatment unit exemption applies to "any tank
system that manages hazardous wastewater and is dedicated for use with an
on-site wastewater treatment facility" (53 FR 34080). The removal of waste-
water treatment sludges or tank bottoms for off-site disposal from tanks
should not disqualify these tanks from the exemption, provided that this
occurs as part of normal wastewater treatment activities. The removal and
off-site disposal of treatment sludges and tank bottoms are not necessarily
indications that the tanks in question are being used in a manner other than
for on-site wastewater treatment; on the contrary, the generation of tank
bottoms and filter cakes is a common process in wastewater treatment
operations. The definition of a wastewater treatment unit (Section 260.10, as
amended in 53 FR 34079) includes tanks which generate and accumulate
wastewater treatment sludges (either solid, semi-solid, or liquid) or tanks
which treat or store wastewater treatment sludges. The intent of the
September 2, 1988 notice was to clarify that the exemption does not apply to
those tanks that are used to store or treat a hazardous waste/wastewater prior
to shipment (either on a part-time or full-time basis) to off-site facilities rather
than manage it in an on-site wastewater treatment facility. :
Source: William Kline (202) 382-7917
Research: Ross Elliott
B. CERCLA
4. Preauthorization for Superfund Reimbursements
What constitutes an emergency removal action for which Superfund money
might be initially allocated; and when a private party takes initiative and
performs an emergency removal, under what conditions may that private party
be reimbursed from the fund?
Fund money may be allocated for an emergency removal if there is a release
or threat of a release of a hazardous substance into the environment or if
there is a release or threat of a release of a pollutant or contaminant which
poses an imminent and substantial danger to public health or welfare per
CERCLA Section 104(a)(l)(A, B). The degree of danger will be assessed by a
Regional EPA representative per 40 CFR Section 300.65(B)(2)(i-vii). For
example, a notification to the National Response Center (NRC) under Section
103(a) or to the Region under Section 103(c) will trigger government attention
to the situation (40 CFR Sections 300.63(a-c) and 300.36(a)). An on-scene
coordinator (OSC) will assess the site to determine if an imminent threat
exists and if Superfund money should be allocated for response, per 40 CFR
Section 300.63(d).
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4. Preauthorization for Superfund Reimbursements (Cont'd)
If a private party performs an emergency removal action (or remedial action),
he/she may be eligible for reimbursement, but the action must be
^reauthorized per CERCLA Section lll(a)(2) and 40 CFR Section 300.25(d)(2)(i,
ii, iii). Response costs (removal or remedial action) will be reimbursed if they
are "reasonable" per 53 FR 8283, March 14,1988. However, no reimbursement
would be possible for situations in which emergency measures must be taken
immediately because of time required for the preauthorization process, per 53
FR 8282, March 14, 1988. (It should be noted that not all removals are
emergencies.) If a party is unable to determine whether sufficient time is
available for obtaining preauthorization, he/she should contact the NRC or
the Region for guidance.
Source:
Research:
Bill Ross
Mary Stevens
(202) 382-4645
C CEPP
5. Sections 311/312: Transportation Exemption for Breakout Tanks in a Pipeline
A transportation firm owns a pipeline that transports oil to an intermediate
storage tank at their pumping station. At die pumping station the oil is sold and
sent by a secondary pipeline to the purchaser. The transportation firm also owns
the secondary pipelines until the pipelines reach a valve in front of a purchaser's
tank.
The transportation firm sends 10,000 gallons of oil to the intermediate storage
tank. Of mis oil, 5,000 gallons are purchased by company A, so the transportation
firm then directs the 5,000 gallons into the pipeline leading to company A. Is the
oil stored in the intermediate storage tank exempt from Sections 311 and 312
reporting under Section 327 transportation exemption?
Intermeddle
Storage Tank
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5. Sections 311/312: Transportation Exemption for Breakout Tanks in a Pipeline
(Cont'd)
Section 327 of SARA Title III exempts from any Title HI reporting
requirement other than the Section 304 notification obligation substances or
chemicals in transportation or being stored incident to transportation,
including the transportation and distribution of natural gas. In a final rule
promulgated April 22,1988 (52 FR 13378,13385) the Agency interpreted this
provision to exempt from Title in reporting the transportation of substances
in pipelines. The Agency stated, 'Title DI does not apply to the transportation
of any substance or chemical, including transportation by pipeline, except as
provided in Section 304."
As Title III does not itself define "pipeline," the Agency will refer to the
definition found in regulations implementing the Hazardous Materials
Transportation Act (HMTA) and promulgated by the Department of
Transportation. EPA believes the HMTA to be appropriate as a reference
because of Congress' explicit reference to that Act in the legislative history
referring to the Section 327 transportation exemption. In the Conference
Report, Congress stated that limiting the exemption for storage incident to'
transportation to those chemicals under active shipping papers was consistent
with the HMTA.
Department of Transportation regulations implementing the HMTA define
"pipeline" as "all parts of a pipeline facility through which a hazardous liquid
moves in transportation, including, but not limited to, line pipe, valves and
other appurtenances connected to line pipe, pumping units, fabricated
assemblies associated with pumping units, metering and delivery stations
and fabricated assemblies therein, and breakout tanks." (49 CFR 195.2.)
"Breakout tanks" in turn, are defined under these same regulations as "a tank
used to (a) relieve surges in a hazardous liquid pipeline system or (b) receive
and store hazardous liquid transported by pipeline for reinjection and
continued transportation by pipeline."
Because the intermediate storage tank owned by the transportation firm
described above receives and stores hazardous liquid transported by pipeline
for reinjection and continued transportation by pipeline, it meets this
definition of "breakout tank" included within the Department of
Transportation definition of "pipeline." Therefore, EPA would interpret that
the oil contained in such an intermediate tank would be exempt from
reporting under the Section 327 transportation exemption.
Source: Al Garnett, Dept. of Transportation, OPS
Research: John Ferris
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6. Section 303: Hazard Analysis
When calculating vulnerability zone distances, how would the quantity released
(QR) be handled for an extremely hazardous substance (EHS) in solution?
If the EHS is in solution, a facility can make a rough estimate of the QR using
equation (1) on page G-2 of the 'Technical Guidance for Hazards Analysis." 5
the facility has information on the physical properties of the EHS in solution,
this data can be input into equation (1) to get the QR of the EHS.
Equation (1) QR
Where:
QR
MW
K
A
VP
R
Tl
(60 sec/min x MW x K x A x VP x 929
R x (Tl + 273) x (760 mm Hg/atm) x 454 g/lb
Rate of release to air (Ibs/min);
Molecular weight (g/g mole);
Gas phase mass transfer coefficient (cm/sec);
Surface area of spilled material (ft2);
Vapor pressure of material at temperature Tl (mm
Hg);
82.05 atm on 3/g mole K; and
Temperature at which the chemical is stored
If the physical properties of the EHS in solution are not available, the QR can
be estimated using the physical properties of the EHS. This would reflect the
QR of the EHS in its pure form. Since the EHS is in solution, the QR would
need to be multiplied by the mole fraction of the EHS in solution to accurately
reflect the QR of the EHS. If the facility only has the weight fraction of the
EHS in solution, the weight fraction can be used instead of the mole fraction
to estimate the QR of the EHS.
Source:
Vanessa Rodriguez/OTS
Craig Matthiesen/OTS
John Gustufson/OSWER-PS
Jim Buchert
(202) 475-9596
(202) 382-3694
(202) 382-3315
The term "government corporation" appears in the Title in definition of
"person" (Section 329). How should this term be defined and, considering
Federal facilities are exempt under Title in, does this term include Federal
government corporations?
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7. Title HI General (Cont'd)
In general, a "government corporation" refers to a corporation established
and organized by a governmental unit and which is owned or controlled by a
governmental unit. Government corporations include State, local and
Federal corporations and are likely to be listed in the legal code of the relevant
governmental entity. For purposes of Federal government corporations,
Congress has defined the term "government corporation" in 31 U.S.C. Section
9109. Under this provision, a Federal government corporation refers to a
"mixed-ownership government corporation" and a "wholly owned
government corporation." Section 9109 goes on to list the Federal
government corporations that meet this definition (e.g., Amtrak, FDIC,
Export-Import Bank, Commodity Credit Corporation, etc.).
As to the second part of the question, whether the sovereign immunity of the
U.S. government extends to Federal government corporations in the Title HI
context, the answer is generally no, as Congress has not accorded government
corporations the same immunity that the United States itself possesses. That
is, Federal government corporations are usually invested with the power "to
sue and be sued." The U.S. Supreme Court has read this language to mean
that Congress waived sovereign immunity for the government corporation.
While courts have limited the sovereign waiver resulting from the "sue and
be sued" language in specific contexts, the express inclusion of government
corporations within the Title HI definition of "person" makes it unlikely that
Congress intended to relieve Federal government corporations of the
obligation to comply with the Act. Thus Federal government corporations as
defined in 31 U.S.C. Section 9109, are subject to the requirements of Title m.
Source: Ivy Main (202) 382-7706
Kirsten Engel (202) 382-7706
Research: Stephanie Portalski
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II. ACTIVITIES-OCTOBER 1988
1. The RCRA/Superfund Hotline and Emergency Planning and Community
Right-to-Know Hotline responded to 17,811 questions and requests for
documents in October. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Calls
Call Document Requests
Written Document Requests
Referrals
6,666
1,743
116
1,166
1,443
149
1,958
1,389
1,814 = 11,881
814 = 4,095
274 = 390
279 = 1,445
Totals 9,691 1,592 3347 3,181 = 17,811
A. RCRA/Superfund Hotline Activities
2. On October 17, 24, and 31, Chris Bryant, Hotline Section Chief attended the
Office of Solid Waste (OSW) Communications Workgroup meetings.
3. On October 18, Laurie Huber, Hotline Information Specialist, reviewed the
videotape entitled, "Beyond Business as Usual An Alternative to Land
Disposal."
4. On October 18 and 19, Denise Sines, Hotline Project Director met with Hubert
Waiters, Office of Emergency and Remedial Response (OERR) Deputy Project
Officer, concerning Hotline issues.
5. On October 19, Dan Derkics, OSW briefed the RCRA/Superfund Hotline on the
Bevill Wastes Exclusion.
6. On October 20, Bill Fortune, OSW briefed the RCRA/Superfund Hotline on the
First Third Land Disposal Restrictions.
7. On October 24, Mary Stevens, Hotline Information Specialist attended the OUST
briefing on Financial Responsibility Requirements.
8. On October 24, Denise Sines, Hotline Project Director met with Thea McManus,
Office of Solid Waste and Emergency Response (OSWER) Project Officer,
concerning Hotline issues.
9. On October 27, Kurt Patrizi, Section Chief for the Safe Drinking Water Hotline
briefed the RCRA/Superfund Hotline on the Safe Drinking Water Act.
8
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A. RCRA/Superfund Hotline Activities (Cont'd)
10. On October 31, Denise Sines, Hotline Project Director met with Thea
McManus, OSWER Project Officer, Hubert Walters, OERR Deputy Project
Officer and Lynn Hansen, OSW regarding the technical device for the deaf
(TDD).
B. Emergency Planning and Community Right-to-Know Hotline Activities
11. On October 4 and 18, the Title ffl Hotline staff attended the Preparedness Staff
meeting on the status of program office activities.
12. On October 5 and 12, the Title m Hotline staff attended the Title HI Outreach
Subcommittee meeting on the status of Title in communications strategy.
13. On October 6, Minda Sarmiento, Hotline Information Specialist attended the
EPA Workshop for Federal Facilities on complying with Title ffl.
14. On October 6, Jon Roland, Hotline Information Specialist attended a
teleconference by Peter Sandman of Rutgers University, on communicating
risks to the general public.
15. On October 11, Jim Styers, Hotline Information Specialist attended the Title HI
Workgroup meeting on the status of Title in activities.
16. On October 12, Jon Roland, Hotline Information Specialist attended a
presentation by Virginia Polytechnical Institute (VPI) on the Hazards Analysis
Research project that VPI is conducting for EPA.
17. On October 6,13,20, 27 and 28, Denise Sines, Hotline Project Director, and
Robert Costa, Hotline Section Chief, met with Lawrence Pratt, Office of Toxic
Substances and Anastasia Watson, Preparedness Staff, on the status of the Title
ffl Hotline.
18. On October 17, Jim Styers, Hotline Information Specialist and Robert Costa,
Hotline Section Chief, attended the conference call with EPA Regional
Preparedness Coordinators on the status of Title ffl activities.
19. On October 20, Kurt Patrizi, Section Chief for the Safe Drinking Water Hotline
briefed the Title HI Hotline on the Safe Drinking Water Act and cross-cutting
issues.
20. On October 24, John Ferris, Hotline Information Specialist attended the
conference call with the FEMA/EPA Regional Title m Coordinators on the
status of Tide m activities.
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B. Emergency Planning and Community Right-to-Know Hotline Activities (Cont'd)
21. On October 25, Stephanie Portalski, Hotline Information Specialist attended
the Title HI Workgroup meeting on the status of Title HI activities.
22. On October 26 and 27, Minda Sarmiento, Hotline Information Specialist
attended the meeting on EPA Enforcement at GOCO facilities.
23. On October 26, John Ferris, Hotline Information Specialist, and Robert Costa,
Hotline Section Chief, attended a presentation by Dow Chemical Co., on the
status of its outreach activities for Title HI.
24. On October 27, Jim Styers, Hotline Information Specialist attended the
National Response Team meeting on the status of Federal preparedness and
response activities.
25. On October 27, Jim Buchert, Hotline Information Specialist attended the
conference call with EPA Regional Outreach Coordinators on the status of the
Title in communications strategy.
10
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III. ANALYSES OF QUESTIONS - October 1988
Grand Total = 14,630
RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
Calls
RCRA
6%
Region 7
9%
Region 8
20%
Region 9
11%
Region 10
18%
10%
International Calls
4%
4%
12%
5%
0%
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
USTO/O
4%
15%
1%
6%
1%
2%
2%
5%
4%
1%
13%
Consultants
Attorneys
Laboratories
Univ ./Researchers
Trade Assodatons
Insurance Co.'s
Environmental Groups
Press
Citizens
Other
25%
8%
2%
2%
1%
0%
1%
1%
5%
t%
General Information
§3010 Notification
§260.10 Definitions
427
8266 C Use Constituting Disposal
105
§266 D HW Burned
107
for Energy Recovery
S266 E Used Oil Burned
for Energy Recovery
8266 F Precious Metal Reclamation
Waste Minimization
21
57
68
21
§266 G Spent Lead-Acid
Battery Reclamation 25
Subtitle D
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
635
126
65
21
31
62
83
16
31
105
30
11
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RCRA-TSDF/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
115
26
1 0
24
24
69
96
59
52
127
41
9
9
35
18
49
5
4
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 Reauirements/HW Training
Test Methods/HW Technologies
RCRA Document Requests
SUBTOTAL
4
28
177
170
129
290
5
53
49
37
13
64
56
6
1 4
41
115
1.743
8.409
Underground Storage Tanks
General
678 §280 F Corrective Action Petroleum
§280 G Corrective Action
48
Hazardous Substances
§280 H Out-of-Service/Closure
§280 I Financial Responsibility
§281 State UST Proorams
Liability
Enforcement
LUST Trust Fund
Other Provisions
UST Document Reouests
UST SUBTOTAL
1 9
143
153
36
20
12
15
3
1.389
3,347
Referrals
Referrals - EPA HQ
70
Other Hotlines
153
Regions
150
State
314
GPO/NTIS/PIC/ORD/Dockets
414
Other
65
SUBTOTAL
1.166
12
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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 Proaram (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
46
5
1 1
48
88
8
25
45
14
16
5
14
27
5
42
17
10
6
34
8
102
17
50
77
1
1
5
48
36
148
Off-Site Policy
On-OSite Policy
OSW
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
RCD
FD
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Riaht-to-Know
CERCLA Document Reauests
CERCLA SUBTOTOAL
27
9
23
1 7
26
4
13
10
1 0
40
28
13
45
30
86
1 7
27
18
10
5
4
22
149
1 ,592
Written Request Responses
TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS 14.630
13
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Emergency Planning Community Right-to-Know Information Hotline
Dally/Monthly Summary Report - October 1988
Total Calls: 2,907
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. Clav & Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (Excluding Electrical
36 Electrical & Electronic Eguipmer
37 Transportation Eguipment
38 Instruments
39 Misc. Manufacturing
Not Able to Determine
iTotal Mfg. (%)
(Title III General
§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
6%
10%
20%
12%
21%
0%
2.60%
0.00%
0.30%
0.20%
0.50%
0.20%
0.60%
1.80%
8.70%
1.50%
3.30%
0.10%
2.20%
1.00%
4.60%
1.30%
3.10%
1.90%
0.90%
0.70%
2.40%
38.00%l
310
312
129
105
103
20
332
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 Aoendes/SERC
Fire Departments
EPA
Local Officials
LEPC
Farmers
Federal Agencies
Media/Press
Union/ Labor
Citizens
Indians
Other
Total (%)
Delisting EHS
Exemptions
ITotal (%)
814
274
8%
5%
5%
10%
2%
1%
2.90%
9.70%
3.60%
14.00%
0.90%
1.90%
1.10%
2.60%
0.70%
1 .40%
3.90%
1.50%
2.50%
2.30%
3.20%
0.50%
1.10%
0.80%
0.00%
3.90%
0.20%
1.10%
7.00%|
13
21
23.00%l
14
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§311/8312
General
MSDS Reporting Requirements
Tier l/ll Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
iTotal (%)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Studv
iTotal (%)
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
383
276
227
278
103
34
37
122
33%l
508
236
155
45
2
5
16
3
1 1
3
22%l
83
1
1
92
9
9
84
279
Document Requests:
No. of Documents Reoue«ted:
814
2.043
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
ITotal (%)
CEPP: Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
ITotal (%)
Trade Secrets
iTotil (%)
Enforcement
ITotal (%)
Liability
ITotal (%)
Release Notification
General
Notification Reauirements
Reoortable Quantities
RQSV8.TPQS
CERCLAVS.S304
Transportation
Exemptions
ITotal (%)
10
1 0
9
22
1%l
4
16
48
50
6
2
5
1
147
6%l
-38
0.80%l
41
0.90%|
3
0.06%l
74
36
52
16
50
7
22
5.80%t
15
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
IV. PUBLICATIONS-OCTOBER 1988
RCRA
The following documents are available from the National Technical Information
Service (NTIS) at (703) 487-4650.
—Background Document: RCRA Subtitle C—Hazardous Waste Management,
Sections 3001 and 250.14 Infectious Waste. The order number is PB89-102-594.
—The 1986 National Screening Survey. The order number is PB89-106-058.
—A Report to Congress; Solid Waste Disposal in the U.S., Volumes I and II.
The order numbers are: (1) PB89-110-381, and (II) PB89-110-399.
Future Risk Research Strategies for the 1990 's. Produced by the Science
Advisory Board, is available by calling Cheryl Bentley at (202) 382-2552.
Recycling, a brochure on solid waste recycling is available via the Cincinnati
warehouse. The order number is EPA/530-SW-88-050.
CERCLA
Superfund Exposure Assessment Manual. Preprint copies are available from the
CERCLA Docket
Compendium of Superfund Field Operations Manual: Volume L A limited
supply is now available from NTIS. The cost is $50.00 and the order number is
PB88-181-557.
Documenting Decisions Not To Take Cost Recovery Actions with the OSWER
Directive No. 9832.11 and Superfund Cost Recovery Strategy with the OSWER
Directive No. 9632.13, are available via the Hotline. Route requests to Deborah
Lebow(OS-510).
16
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES-OCTOBER 1988
Former Notices with Open Comment Period
June 27,1988; 53 FR 24141
(availability of two documents
with request for review
and comment)
July 19,1988; 53 £E 27268
(proposal to clarify the
Federally Permitted Release
exemption)
August 4,1988; 53 FR 29428
(proposed rule)
August 9,1988; 53 EE 30002
(policy statement)
This notice announces the availability of two
external review drafts for public review and
comment. The documents involve the
updated assessments for 22,7$ Tetrachlor-
dibenzo-p-Dioxin (2,3,7,8-TCDD). xhe
Agency made these documents available
for public review and comment until July 6,
1988. Comments must have been
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 was extended to October 19,1988.
This proposed rule establishes arbitration
procedures for small Superfund Cost
Recovery claims under CERCLA Section
107(a) and Section 122(h). Comments must
have been submitted on or before October 3,
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 NFL. Comments were
accepted on or before October 11,1988.
17
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 30,1988; 53 FR 33314
(proposed rule)
August 31,1988; 53 £R 33618
(notice of draft guidance, request
for comments)
September 2,1988; 53 £R 34173
(notice of proposed consent decree)
September 7,1988; 53 ER 34593
(notice of proposed consent decree)
The proposal revises the criteria toe
classification of solid waste ifopfff*1 facilities
and practices set forth in 40 CPU 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 November 30,
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 accepted on or before October 17,1988.
This notice announces the lodging of a
proposed consent decree in U.S. v. Hoechst
Celanese Corporation. Comments were
accepted by the Department of Justice (DOp
until October 2,1988.
This notice announces the lodging of a
proposed consent decree in U.S. v. The
Tones Graham Brown Foundation, Inc.
Comments were accepted by DOJ until
October 7,1988.
18
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 8,1988; 53 FR 34758
(notice of correction)
September 9,1988; 53 FR 35110
(notice of proposed settlement)
September 13,1988; 53 FR 35373
(notice of proposed settlement)
September 13,1988; 53 £R 35373
(notice of proposed settlement)
September 15,1988; 53 FR 35836
(determination for final
authorization)
September 16,1988; 53 FR 36070
(notice of proposed rule)
This notice clarifies errors made in the final
authorization of South Carolina's hazard-
ous waste program, published on August 5,
1988 (53 FR 29461). This notice corrected the
effective date for the final authorization of
South Carolina, and extended the comment
period deadline to October 6,1988.
This notice announces 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 were accepted 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 were accepted until October 13,
1988.
This notice announces a proposed settlement
between EPA and a potentially responsible
party (PRP) at the Clayton Ballfield Site,
Clayton, NC. EPA accepted comments
until October 13,1988.
Notice of tentative determination for final
authorization on application of Florida for
program revision. Comments were
accepted 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 were accepted until October 31,
1988.
19
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 20,1988; 53 FR 36489
(notice of proposed settlement)
September 21,1988; 53 FR 36661
(notice of consent decree)
September 22,1988; 53 £R 36869
(notice of intent to delete from
theNPL)
September 22,1988; 53 ER 36883
(notice of availability)
September 23,1988; 53 FR 37051
(notice of proposed settlement)
September 23,1988; 53 £& 37005
(notice of extended comment
period)
September 26,1988; 53 £E 37344
(notice of proposed settlement)
This notice announces the proposed
settlement pursuant to Section 122(h) of
CERCLA for the Bostic Equipment Garage
Drum Site, Holly Ridge, NC. Comments
were accepted on or before October 20,1988.
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 were
accepted on or before October 31,1988.
The EPA announces its intent to delete a sitt
from the NFL. The site is the New Castle
Steel Site, New Castle County, DE.
Comments were accepted 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
were accepted until October 24,1988.
Comment period extended for the Federal
permitted release reporting exemption.
Comments were accepted until October 19,
1988.
EPA proposes a 100% settlement with
Mr. Boykin and Mr. Halphen for clean-up
costs pursuant to CERCLA. Comments were
accepted until October 26,1988.
20
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
September 27,1988; 53 FR 37601
(notice of proposed rule)
September 27,1988; 53 FR 37643
(notice of proposed settlement)
September 28,1988; 53 Fg 37803
(notice of proposed petition)
September 28,1988; 53 FR 37808
(denial of proposed petition)
October Federal Registers
October 4,1988; 53 £B 38950
(final rule)
October 4,1988; 53 ER 38975
(OMB notice)
EPA proposes 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
were accepted until October 27,1988.
The EPA proposes to deny a petition
submitted by Weirton Steel Corporation in
Weirton, VA, to exclude certain solid waste*
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.
This final rule announces EPA's approval
of revisions made to Nebraska's hazardous
waste program. Comments will be received
on or before November 3,1988.
This notice announces Information
Collection Requests (ICRs) forwarded to OMB
for review from EPA pursuant to the
Paperwork Reduction Act. This notice
includes OMB's disapproval of portions of
the proposed Subtitle D landfill criteria. (53
FR 33315)
21
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
October 5,1988; 53 FR 39161
(proposed consent decree)
October 11,1988; 53 FR 39720
(final rule)
October 12,1988; 53 FR 39785
(notice of extension)
October 12,1988; 53 FR 39813
(consent decree notice)
October 14,1988; 53 FR 40316
(correction notice)
October 14,1988; 53 ER 40282
(consent decree notice)
This notice announces the lodging of a
proposed consent decree in the U.S. District
Court for the Southern District of Indiana in
U.S. v. Aresta. Inc., pursuant to RCRA.
Comments will be received by the DOJ until
November 4, 1988.
EPA promulgated final regulations changing
the statistical method required to be used
when a facility evaluates its ground-water
monitoring data. This rule changes the use
of Cochran's Approximation to the Behrens-
Fisher Student's t-test. This rule finalizes
five different statistical methods.
This EPA notice extends the comment period'
for the draft state hazardous waste capacity
assurance guidance. The previous deadline
for comments of September 30,1988 has been
extended until October 17,1988.
The DOJ will receive comments on a
consent decree which has been lodged against
Canadyne-Georgia Corp. et. al., pursuant to
CERCLA. Comments will be accepted until
November 11,1988.
The EPA published a correction notice to the
proposed identification and listing exclusion
(delisting) which appeared in the
September 27,1988 Federal Register.
The DOJ will receive comments on a
consent decree which has been lodged
pursuant to RCRA against Techalloy Co. for
LOIS (Loss of Interim Status) violations.
Comments will be accepted until
November 13,1988.
22
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! RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
October 17,1988; 53 FR 40692
(proposed rulemaking)
October 17,1988; 53 £R 40490
(notice of availability)
October 17,1988; 53 FR 40490
(proposed settlement)
October 17,1988; 53 FR 40499
(lodging of consent decree)
October 19,1988; 53 ER 40908
(notice of deletion from NFL)
This rulemaking proposes the application of
worker protection standards for employees
engaged in hazardous waste operations
pursuant to Section 126(f) of SARA. This
proposal extends the OSHA requirements as
proposed in the August 10,1987 (52 FR 29620)
Federal Register, to State and local employees
in States without approved OSHA programs.
Comments must be received by
November 16, 1988.
The Agency is developing a Municipal
Settlement Policy to address issues related to
notifying and bringing municipalities mat
are responsible parties into the Superfund
settlement process. The minutes from the
discussion group meeting of August 4,1988, -
are available upon request. An additional
discussion group meeting was scheduled for
October 20,1988.
The EPA proposes to settle a claim under
Section 107 of CERCLA for response costs
incurred at the Summit National Site in
Deerfield, OH. Comments must be received
by November 16,1988.
The Agency is lodging a consent decree
pursuant to CERCLA as proposed in U.S. v.
Fairchild Industries. Inc^et. al. for the
Limestone Road Site in Allegheny County,
MD. DOJ will accept comments until
November 16,1988.
This notice announces EPA's intention to
delete from the National Priorities List (NPL)
the Cooper Road Site, Voorhees Township,
NJ. Comments will be accepted until
November 18,1988.
23
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
October 19,1988; 53 FR 40910
(notice of deletion from NPL)
October 20,1988; 53 FR 41164
(final rule)
October 20,1988; 53 £S 41210
(notice to extend comment
period)
October 20,1988; 53 FR 41250
(lodging of consent decree)
October 20,1988; 53 £R 41280
(revision notice)
October 20,1988; 53 EB 41288
(proposed rule)
This notice announces EPA's intention to
delete from the NPL the Krysowaty Farm
Site, Voorhees Township NJ. Comments
will be accepted until November 18,1988.
This immediate final rule approves the State
of Kentucky's hazardous waste program
revisions, which authorize the regulation of
the hazardous waste component of
radioactive mixed waste. Comments on
EPA's approval will be accepted until
November 21,1988.
This notice extends the comment period for
the proposed criteria for solid waste disposal
facilities (53 FR 33313). Comments will be
accepted until November 30,1988.
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Outboard Marine Corp.,
in the District Court for the Northern District
of Illinois. Comments will be accepted until
November 19,1988.
This notice contains the revised priority list
of hazardous substances found at NPL sites.
This list is the "second 100" priority list of
hazardous substances, the first 100 having
been published in 52 FR 12866. No comment
deadline.
This proposed rule eliminates from the
mining waste exclusion most wastes from
the processing of ores and minerals. Also
included is the list of processing wastes
which are covered by the exclusion (Section
261.4(b)(7)). Comments will be accepted until
November 21,1988.
24
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
October 21,1988; 53 FR 41424
(partial consent decree notice)
October 24,1988; 53 FR 41649
(notice of correction)
October 24,1988; 53 £R 41615
(notice of availability)
October 24,1988; 53 FR 42492
(semi-annual regulatory agenda)
to
October 25,1988; 53 FR 43050
(notice of proposed consent
decree)
October 26,1988; S3 £R 43400
(proposed rule)
This notice announces the lodging of a
proposed partial consent decree pursuant to
CERCLA in U.S. v. Thomas Solvent
Company, et. al.. in the District Court for
the Western District of Michigan.
Comments will be received until
November 20,1988.
This notice publishes technical corrections to
the final rule regarding permit modifications
for hazardous waste management facilities
(53 £S 37912). These corrections affect
Section 270.42.
This notice announces the availability of
EPA's Report to Congress: Solid Waste
Disposal in the United States. This report
was prepared in response to the 1984
Hazardous and Solid Waste Amendments to
the Resource Conservation and Recovery
Act.
EPA revises and issues its semi-annual
regulatory agenda. The agenda is published
keep interested parties informed of the
progress of EPA regulations.
The DOJ proposes a consent decree
against the Ford Motor Co., for remedial
actions at the Speigelberg Landfill in
Greenoak Township, MI. DOJ will receive
comments until November 24, 1988.
The EPA proposes rules implementing
the Congressionally-mandated prohibitions
on the underground injection of selected
hazardous wastes. This notice sets forth
restrictions for certain first-third wastes.
Comments must be received on or before
December 27,1988.
25
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
October 26,1988; 53 FR 43269
(notice of SAB meeting)
October 26,1988; 53 FR 43322
(final rule)
October 26,1988; 53 FR 43279
(notice of consent decree)
October 31,1988; 53 FR 43878
(final rule)
October 31,1988; 53 £E 43881
(final rule)
This notice announces that the Science
Advisory Board (SAB) will be holding a two-
day meeting of the Dioxin Panel on
November 29-30,1988.
The EPA promulgated the financial
responsibility requirements applicable to
owners and operators of underground
storage tanks containing petroleum under
Section 9003 (c) and (d) of RCRA. This rule
establishes requirements for demonstrating
financial responsibility and for taking
corrective action. This rule becomes effective
January 24,1988.
The DOJ has lodged a consent decree in EPA
v. Burns, et. al.. for cost recovery pursuant to
Section 107 of CERCLA for costs incurred at
the "UMP" site in Gonic, NH. Comments
will be received until November 26,1988.
This final rule removes the chemical iron
dextran (ferric dextran) from the list of
commercial chemical products in 40 CFR
Section 261.33. This rule also removes iron
dextran from the list of hazardous
constituents in Appendix Vffl of Part 261,
and from the list of CERCLA hazardous
substances in Section 302.4.
This final rule removes the chemical
strontium sulphide from the list of
commercial chemical products in 40 CFR
Section 261.33. This rule also removes
strontium sulphide from the list of
hazardous constituents in Appendix vm of
Part 261, and from the list of CERCLA
hazardous substances in Section 302.4
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
Diane Buxbaum, Region 2
Jon Cannon, OS-100
Jayne Carlin, Region 10
Fred Chanania, LE-132S
Richard Clarizio, Region 5
Kathy CoUier, RTF, NC
Elizabeth Cotsworth, OS-343
Wayne Crane, PM-273F
Hans Crump, OS-210
Gordon Davidson, OS-500
Elaine Davies, OS-301
Truett DeGeare, OS-301
Bob Dellinger, OS-332
Jeffery Denit, OS-300
Bruce Diamond, OS-500
Melinda Downing, DOE
Lee DuFief, TS-779
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
Uoyd Guerci, OS-500
Matt Hale, OS-340
Lynn Hansen, OS-305
Penny Hansen, OS-230
BiU Hanson, OS-220
Betti Harris, Region 7
Cheryl Hawkins, OS-200
Steve Hooper, OS-500
Irene Homer, WH-595
Barbara Hostage, OS-210
Hotline Staff
Bob Israel, TS-779
Phil Jalbert, OS-240
Alvin K. Joe, Jr., GRC
Garyjonesi, 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, ANR-464
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 Weddfe, OS-301
Steve Willhebn, Region 7
Dan Yunnan, OS-100
Tish Zimmerman, OS-220
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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