I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY / WASHINGTON, D.C. 20460 FEB, 01389 530R88111 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: Final Monthly Report—RCRA/Superfund Industrial Assistance Hotline and Emergency Planning and Community Right-To- Know Information and Title III Hotline Report for November 1988 FROM: Thea McManus, Project Officer "lk& al^^ vicinus, rrujtx'i vyini_er | [MH^C.^* Of Hubert Watters, 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 —NOVEMBER 1988 A. RCRA 1. Adjustment of Post-Closure Trust Funds Used for Financial Assurance A TSD facility has been in post-closure care for one year. The facility owner or operator had established a post-closure trust fund to meet their financial assurance obligations. Can the facility owner or operator remove from the trust fund the amount which exceeds the remaining cost of post-closure care? According to Section 264.145(a)(10), during the period of post-closure care, the Regional Administrator (RA) may approve a release of funds if the owner or operator demonstrates to the RA that the value of the trust fund exceeds the remaining cost of post-closure care. Therefore, the facility owner or operator must receive approval for the release of excess funds from the RA, prior to removing that amount from the trust fund. Source: Mark Pollins (202) 382-6259 Research: Kim Jennings RECEIVED ENVIRONMENTAL PRUitCHUlM AUtNCY LIBRARY. REGION V ------- 2. Used Oil Court Decision On March 7, 1988, a petition was filed in the United States Court of Appeals for the District of Columbia by the Hazardous Waste Treatment Council, the Association of Petroleum Re-Refiners, and the Natural Resources Defense Council, Inc., versus the U.S. Environmental Protection Agency. The petition called for a review by the Court on a decision of the EPA concerning the regulatory status of recycled used oils under RCRA. The Court issued a decision on the petition on October 7,1988. Specifically, on what decision were the petitioners asking the Court to rule? What was the Court's decision? In its final action of November 19,1986 (51 FR 41900), the Agency decided not to list used oil that is recycled as a hazardous waste. The Agency based this decision on its finding that such a listing would attach the stigma of the label "hazardous waste" to recycled oil, thereby discouraging recycling. Furthermore, the Agency stated that its authority to regulate used oil under RCRA is not dependent on a hazardous waste listing, under the authority of the Used Oil Recycling Act of 1980, which was redesignated as RCRA Section 3014 by the Hazardous and Solid Waste Amendments of 1984. (See the discussion at 50 FR 1691; January 11, 1985 and 51 FR 41900; November 19, 1986.) The petitioners in this case were challenging this determination made by EPA. The petitioners argued that the Agency acted contrary to law in basing its determination on the stigmatic effects of listing. That is, the petitioners argued that the RCRA statute does not give EPA the authority to not list a waste based on the stigmatic effects of such a listing. Consequently, the petitioners requested that the court order EPA to list recycled used oils as a hazardous waste. The Court agreed that EPA erroneously based its decision not to list recycled used oils as hazardous wastes on the stigmatic effects of such a listing, a factor not permitted by the statute. Thus, the Court is requiring EPA to determine whether any recycled used oils meet the technical criteria for listing under the law. Source: Sarah Carney (202) 382-7932 Research: Chris Bryant ------- 3. UST Notification and Closure Subtitle I of RCRA as amended by HSWA, Section 9002, requires that owners of underground storage tanks (USTs) taken out of operation after January 1, 1974, and still in the ground as of May 8, 1986, must notify the EPA as to the existence of such tanks. Owners of tanks taken out of operation on or before January 1, 1974, are not required to notify. Section 280.73 of the new final UST regulations of 40 CFR (53 FR 37200) states that when directed by the implementing agency, the owner or operator of an UST system permanently closed before the effective date of those regulations— December 22, 1988—must assess the excavation zone and close the UST system in accordance with Subpart G of Section 280—Out of Service UST Systems and Closure. Is an UST system that was not required to be notified for under Section 9002 of RCRA, i.e., taken out of operation before January 1, 1974, still subject to the closure requirements of new Section 280, Subpart G? Yes. Any UST system that was closed before the effective date of the new final tank regulations may be subject to those regulations after the effective date. The applicability of the notification requirements in Section 9002 of RCRA as amended, as codified in 40 CFR Section 280.22 (53 FR 37109) are not determinant as to whether an UST system is subject to other Subtitle I regulations. Section 9003(a) of RCRA directed EPA to promulgate regulations applicable to all owners and operators of USTs. Section 9003(c)(5) states that those regulations shall include "requirements for the closure of tanks to prevent future releases of regulated substances into the environment." The applicability of those tank regulations is not contingent upon whether the UST was or was not required to be notified for. Source: Carrie Wehling (202) 382-7706 Research: Laurence Buela 4. "Soft Hammer" Certifications/Demonstrations 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 were on the first third, but did promulgate regulations to allow for the continued land disposal of these so-called "soft hammer" wastes. Generators of soft hammer wastes who dispose of the waste in surface impoundments or landfills must comply with the regulations found in Section 268.8. This section requires the generator to demonstrate and certify that there is no practically ------- 4. "Soft Hammer" Certifications/Demonstrations (Cont'd) available treatment for the waste and that disposal in a landfill or surface impoundment is the only option. If treatment is available, the generator must certify and demonstrate that the treatment method is the most environmentally sound method available. These requirements also apply to the treatment residuals of soft-hammer wastes (53 FR 31138). Also, landfill or surface impoundments must meet minimum technology standards for double liners and leachate collection systems. A generator of "soft hammer" waste ships the waste to an incinerator. The operator of the incinerator burns the waste and subsequently ships the ash to a hazardous waste landfill. With respect to the ash that is shipped off-site from the incinerator, who is responsible for meeting the demonstration/certification requirements of Section 268.8, the original generator of the waste or the incinerator operator? In this situation, both are responsible. The original generator of the waste that was sent to the incinerator would be responsible for complying with the demonstration/ certification requirements of Section 268.8. Thus, a generator is responsible for knowing the final disposition of the treatment residues from his wastes. If the treatment residues are disposed of in a surface impoundment or landfill, the original generator must comply with the Section 268.8 requirements with respect to the shipment of that waste. The generator is solely responsible for determining which treatment is the best practicable and available alternative (or for certifying that no treatment is practical or available). The operator of the incinerator would be required to certify that the treatment of the waste had been properly accomplished. Finally, the owner or operator of the disposal facility would be responsible for ensuring that the treatment residuals were placed in a unit meeting minimum technology requirements. Source: Rhonda Craig (202) 382-4800 Research: Chris Bryant 5. Contents of Part B Permit Application: General Requirements The Part B of the permit application must contain general information requirements. One of these requirements is information on the traffic pattern, estimated volume and control of traffic, descriptions of access road surfacing, and load bearing capacity of roads (Section 270.14(b)(10)). Why is this information required? ------- 5. Contents of Part B Permit Application: General Requirements (Cont'd) Is the information limited to on-site traffic, or must the traffic patterns surrounding the facility also be described? The intent of requiring submittal of the traffic related information is to ensure that movement of hazardous waste will be conducted safely to minimize the risk of accidents. The traffic related information is only required for that area inside and immediately surrounding the hazardous waste management facility. There are no standards in Part 264 with which traffic related items must comply. However, the overriding concern is safety. Permit applicants should ensure that the movement of waste into, out of, and within the facility will be conducted in a manner that minimizes accident potential. Additionally, general traffic movement should not be such that hazardous waste managed at the facility will be disturbed by the traffic. In order to present traffic related items effectively, the Agency recommends that both a discussion and a drawing be provided with the Part B permit. Permit applicants should provide a thorough description of both the pattern of general traffic and the pattern of traffic moving hazardous waste within the facility. The applicant should also provide a description of traffic on roadways traveled by the public which intersect with access roadways to the facility. The following items should be considered for inclusion in the discussion of traffic patterns and volumes: routes traveled; distances traveled; number of vehicles; types of vehicles; waste movement; sampling and unloading locations; and amount of pedestrian traffic. Permit applicants are also required to submit a description of roadway surfaces and load bearing capacity. The intent here is to insure that the roadways are appropriate for the type and number of vehicles that will be using them. If the road surface is such that it will require periodic maintenance, the frequency and type of maintenance could also be described. Finally, the reviewing agency may also be concerned with the amount of dust that will be generated by vehicular traffic in and around the facility. Source: Permit Applicant's Guidance Manual for the General Facility Standards of Part 264 Research: Chris Bryant ------- B. CEPP 6. Title III Trade Secrets A chemical company in Louisiana filed their Section 311/312 reports by hazardous components. The Louisiana State Right-to-Know laws require companies to report on all unique substances present at the facility. For example, if chemical A and chemical B are blended to make mixture C, than the facility would have to report on chemical A, chemical B and mixture C containing A and B. The facility has no problem reporting on the chemicals present on site because they stock a large number of chemicals and their competitors would never be able to figure out their mixture compositions from all these possible chemicals. However, Louisiana requires the company to report on mixture C and the chemicals in it—i.e., chemicals A and B. The facility does not want to reveal what chemicals are present in what mixtures. How does this facility file a trade secret claim? Federal requirements for Section 311/312 state that a facility may report on the mixture as a whole or may report on the hazardous components. It does not require that a facility do both. Therefore, since the mixture and components are not required to be reported, there is no reason for the facility to file a trade secret claim with the Federal EPA. However, the State of Louisiana is requiring information above and beyond the Federal requirements. Therefore, in order for the facility to protect its trade secret mixture formulation, the company must file a trade secret claim in accordance with the Louisiana State trade secret provisions (53 FR 28795). Source: Laurie Solomon (202)475-8942 Research: Anita Bartera 7. Sections 302 and 304: Liability For Section 302 purposes, if a contractor brings an extremely hazardous substance (EHS) on-site to a facility over the threshold planning quantity is the owner/operator of the facility, or is the contractor required to make the notification to the LEPC? Also for Section 304 purposes, if a contractor bursts a tank at a facility and causes a release of reportable quantity (RQ) of an EHS, should the contractor or the owner/operator of the facility notify the community emergency coordinator? ------- 7. Sections 302 and 304: Liability (Cont'd) For both Sections 302 and 304, a contractor could be considered an operator of the facility or of a portion of the facility depending on if he/she has enough authority. The definition of operator is not defined by statute or in the regulations. If the contractor is considered an "operator," he or she could be held liable for not making the required notifications under Sections 302 or 304 if no notification is made by the owner. Source: Kirsten Engel (202) 382-3937 Research: Minda Sarmiento 8. Section 313: Toxic Chemical List Issues Sodium hydroxide is listed as a toxic chemical with a qualifier of "solution." A facility has sodium hydroxide in the solid form. At one point in their process, the facility heats up the sodium hydroxide to 900°F. At this point, the sodium hydroxide turns into the molten state. Is the liquid molten sodium hydroxide considered to be a "solution" for the purposes of Section 313 of Title III? Sodium hydroxide solution is essentially a mixture of sodium hydroxide dissolved in a liquid. The molten sodium hydroxide is in its pure form would not meet this requirement; therefore, the molten sodium hydroxide would not be considered a sodium hydroxide solution. Source: Larry Longanecker (202) 382-7971 Research: Jim Buchert 9. Title III Trade Secrets A chemical company has one operation in a foreign country and an identical operation in the U.S. For one chemical, they wish to file a trade secrecy claim under Sections 311, 312 and 313. With regard to public disclosure, all non- government entities in the foreign country are bound by a confidentiality agreement regarding this chemical's identity and usage. However, there is no confidentiality agreement with the foreign government because the foreign government's laws have a statutory guarantee of confidentiality for all foreign business interests. Does this lack of a tangible confidentiality agreement with the foreign government constitute public disclosure? How is this reported on the substantiation form? ------- 9. Title III Trade Secrets (Cont'd) The fact that there is no tangible piece of paper stating "confidentiality agreement," is not dispositive. The statutory guarantee of confidentiality serves as an agreement of confidentiality. Therefore, Question 3.2 on the Substantiation Form asking about disclosure may be checked "No." Source: John Fogarty (202) 382-3624 Research: Anita Bartera 10. Trade Secret A facility was not aware that all confidential business information (CBI) could be deleted from a sanitized trade secret substantiation. As a result, when they filed using the proposed trade secret substantiation form, they only deleted the chemical identity and did not delete the CBI from the sanitized substantiation. Since all proposed Substantiation Form submissions must be updated to reflect changes made in the final form, the facility can delete all CBI from the final sanitized substantiation form. Can the facility find out if anyone has requested their proposed sanitized Substantiation Form? Also, can the facility retrieve their proposed rule sanitized substantiation to prevent disclosure of their CBI? At the Title III Reporting Center, all trade secret claims have been isolated and protected from disclosure. As soon as the updated trade secret claim is received, the proposed Substantiation Form submissions may be returned to the submitter. The only way the proposed rule sanitized substantiation form may be requested is through a Freedom of Information Act request. Since the Title III Reporting Center must contact the facility when their sanitized substantiation is requested, there is a way to protect their CBI. With the updated claim, the facility must include a cover letter explaining their mistake thereby identifying the proposed rule sanitized Substantiation Form as containing CBI. By doing so, the Title III Reporting Center will be aware of the error. Therefore, when the facility is contacted with notification of a FOIA request, the facility can delete all CBI from the Substantiation Form before it is sent to the requestor. Since sanitized substantiations were also sent to the State, the facility must check with the individual State on their procedures regarding updated claims and previously submitted sanitized substantiations. Source: John Fogarty (202) 382-3624 Research: Anita Bartera 8 ------- 11. Section 313: Waste Minimization Section 313 of Title III requires covered facilities to submit information on their releases of certain toxic chemicals. The information is provided on EPA Form R. Section 8 of Form R is presently an optional section on waste minimization. If a facility chooses to fill out Section 8, they must provide information about their waste minimization including the type of modification. How should they indicate this on the form if they have more than one type of modification? The Form R only allows facilities to report one code for the type of waste minimization. Since there is only room for one code type relating to the type of modification, the facility should enter a code for the most prevalent type of modification for the chemical that it is reporting. Source: Sam Sasnett (202) 382-3821 Research: Jim Buchert ------- II. ACTIVITIES — NOVEMBER 1988 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-Know Hotline responded to 19,201 questions and requests for documents in November. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls Call Document Requests Written Document Requests Referrals Totals 5,813 3,123 564 1,172 10,672 1,143 238 1,381 1,827 1,760 3,587 2,058 = 766 = 477 = 260 = 3,181 = 10,841 5,887 1,041 1,432 19,201 A. RCRA/Superfund Hotline Activities 2. On November 2, Denise Sines, Hotline Project Director met with Thea McManus, OSW Project Officer concerning Hotline operations. 3. On November 7, 14, 21 and 28, Chris Bryant, Hotline Section Chief attended the OSWER Communications Meetings. 4. On November 9, Todd Gold, OERR briefed the RCRA/Superfund Hotline on the revisions to the NCP. 5. On November 9, Denise Sines, Hotline Project Director, Laurie Huber, Hotline Information Specialist and OUST Liaison, and Joe Nixon, Hotline Section Chief met with Karen Sherman from the Thompson Publishing Group at OUST's request concerning OUST publications and UST Hotline caller concerns. 6. On November 10, Denise Sines, Hotline Project Director and Dave Phillips, Hotline Section Chief met with George Cox from the Office of Communications regarding the Hotline telephone system. 7. On November 10, Denise Sines, Hotline Project Director met with John Tillman, Office of Air, regarding overlap of RCRA and Air program calls to the Hotline. 8. On November 15, Denise Sines, Hotline Project Director met with Agnes Ortiz and Irene Keifer, OERR regarding the Hazard Ranking System. 9. On November 17, Denise Sines, Hotline Project Director briefed personnel from the National Response Center on Hotline operations. 10 ------- A. RCRA/Superfund Hotline Activities (Cont'd) 10. On November 21, Mitch Kidwell, OSW reviewed Hotline operations relevant to the OSW project. 11. On November 29, Joe Nixon, Hotline Section Chief attended the OUST staff meeting. B. Emergency Planning and Community Right-to-Know Hotline Activities 12. On November 1 and 8, John Ferris, Hotline Information Specialist and Robert Costa, Hotline Section Chief attended the Section 313 Interpretation Subgroup meetings on outstanding technical issues. 13. On November 1,15, and 29, the Title III Hotline staff attended the Preparedness Staff meetings on the status of program office activities. 14. On November 2, 9,16 and 23, the Title III Hotline staff attended the Title III Outreach Subcommittee meetings on the status of Title III communications strategy. 15. On November 3, Sam Sasnett, OTS briefed the Title III Hotline staff on the outstanding issues regarding Section 313 supplier notification requirements. 16. On November 3, 10, 17 and 18, Denise Sines, Hotline Project Director and Robert Costa, Hotline Section Chief met with Lawrence Pratt and Bob Israel, OTS and Anastasia Watson, Preparedness Staff on the status of the Title III Hotline. 17. On November 8, Anita Bartera, Hotline Information Specialist attended the Title III workgroup meeting on the status of Title III activities. 18. On November 9, Robert Costa, Hotline Section Chief briefed the Preparedness Staff Regional Coordinators on the types of Regional, SERC, and LEPC calls received on the Hotline. 19. On November 10, Minda Sarmiento, Hotline Information Specialist attended the open meeting on improving Section 313 magnetic media submissions. 20. On November 17, Jon Roland, Hotline Information Specialist attended the Prevention Workgroup meeting on the status of ARE? and other prevention activities. 21. On November 17, Jim Buchert, Hotline Information Specialist attended the NRT meeting on the status of Federal preparedness and response activities. 11 ------- B. Emergency Planning and Community Right-to-Know Hotline Activities (Cont'd) 22. On November 21, Stephanie Portalski, Hotline Information Specialist attended the conference call with the FEMA/EPA Regional Title III Coordinators on the status of Title III activities. 23. On November 21, Robert Costa, Hotline Section Chief briefed the Safe Drinking Water Hotline on Title III and cross-cutting issues. 24. On November 22, Jim Styers, Hotline Information Specialist attended the Title III workgroup meeting on the status of Title III activities. 12 ------- ANALYSES OF QUESTIONS - November 1988 Grand Total = 15,640 RCRA/Superfund Hotline Summary of Calls by EPA Reaion Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 5% 10% 21% 11% 19% 9% Region 7 Region 8 Region 9 Region 10 International Calls 4% 4% 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/Delisting §261.2 Solid Waste Definition §261.3 Hazardous Waste Definition §261 C Characteristic Haz. Waste §261 D Listed Haz. Waste §261.4 Exclusions §261.5 Small Quantity Generators §261.6 Recycling Standards §261.7 Container Residues §262 Generator-General §262 100-1000 kfl/mo §262 Manifest Information §262 Accumulation §262 Recordkeepina & Reporting §262 International Shipments §263 Transporters 4% 14% 1% 6% 1% 2% 2% 5% 2% 1% 14% 478 68 89 28 188 354 469 441 150 1 19 77 42 169 74 140 103 40 15 56 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 27% 9% 1% 2% 1% 1% 0% 1% 5% 1% 7 59 60 1 2 13 341 83 78 1 3 37 62 47 1 0 34 79 38 13 ------- RCRA-TSDF/264 and 265 A Scope/ADDlicabilitv 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 1 1 1 24 1 8 1 8 1 4 77 90 28 36 95 49 4 7 1 7 21 42 0 2 572 179 7 56 77 45 24 42 61 49 23 134 26 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 8 25 225 139 97 21 1 7 60 45 1 7 4 56 39 6 1 7 45 86 3,123 8,936 33 7 115 293 20 41 13 8 2 1,760 3,587 14 ------- CERCLA Access & Information Gatherinq 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 Assess./Risk Assess. Federal Facilities Fund Balancing General Grants Hazardous Substances Health/Toxics MRS Liability Mandatory Schedules Natural Resource Damaqes 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 40 ' 4 4 25 46 6 1 7 34 4 3 3 6 21 6 38 19 7 1 97 1 1 80 5 32 47 0 0 4 97 33 112 2 26 80 79 0 5 0 302 64 6 564 Off-Site Policy On-OSite Policy OSHA PA/SI PRPs Public Participation Radon RCRA Interface RD/RA Remedial Removal Response RI/FS ROD R3 SARA Interface Settlements SITE Program State Participation State Program Taxes Title lll/Right-to-Know CERCLA Document Requests CERCLA SUBTOTOAL Referrals Referrals - EPA HQ Other Hotlines Regions State GPO/NTIS/PIC/ORD/Dockets Other SUBTOTAL 9 4 2 1 3 1 1 2 2 8 4 16 1 5 2 42 31 102 13 1 5 24 5 4 3 1 4 238 1 ,381 59 145 149 332 408 79 1,172 TOTAL CALLS, DOCUMENT REQUESTS and REFERRALS 15,640 15 ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report - November 1988 Total Calls: 3,084 Distribution of Calls by EPA Regions Region 1 Reqion 2 Reqion 3 Reqion 4 Reqion 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 8% 1 1% 21% 13% 20% 0% 2.30% 0.00% 0.30% 0.09% 0.50% 0.30% 1 .20% 1 .90% 10.00% 1 .70% 1.80% 0.10% 1.70% 0.70% 4.70% 1 .30% 3.10% 1 .40% 0.10% 0.40% 2.40% 37%| 326 219 85 44 34 24 145 Total Document Requests: 766 Total Written Requests: 477 Region 6 : Region 7 Reqion 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 (%) Delistinq EHS Exemptions iTotal (%) 9% 5% 2% 8% 2% 1% 2.70% 6.00% 6.50% 14.50% 1.30% 1 .60% 0.60% 3.60% 0.30% 0.90% 3.30% 1.90% 2.10% 2.60% 2.90% 0.20% 0.80% 0.80% 0.00% 3.10% 0.00% 1.20% 1 0 %| 8 1 2 1 8%| 16 ------- §31 1/§31 2 General MSDS Reporting Requirements Tier l/ll Requlations 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 Study ITotal (%) Referrals C6HA Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline Other Total Referrals 291 144 145 198 45 30 26 60 3 0 %l 480 182 124 26 0 0 1 8 3 7 2 27%| 69 0 0 74 23 24 70 260 (Total Document Requests: 766) 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 ITotal (%) Enforcement ITotal (%) Liability ITotal (%) Release Notification General Notification Requirements Reportable Quantities RQsvs.TPQs CERCLA vs. §304 Transportation Exemptions ITotal (%) 2 3 7 13 1 % 4 1 7 27 1 5 6 0 2 4 103 6 % 1 8 0.50% 26 0 . 8 0 °/c 7 o . 2 o y< 57 31 31 1 C 32 4 1 ; 6 . 0 0 °/ 17 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 IV. PUBLICATIONS —NOVEMBER 1988 RCRA The following documents are available from the National Technical Information Service (NTIS) at (703) 487-4650. —National Survey of Solid (Municipal) Landfill Facilities; PB89-118-525. —Phase II Report to Congress, Volumes I and II; Volume I: PB89-110-381; Volume II: PB89-1W-399. The October 11,1988 Federal Register (53 FR 38720) entitled, "Statistical Methods for Evaluating Groundwater Monitoring from Hazardous Waste Facilities; Final Rule" is available from the Cincinnati warehouse. The publication number is OSW-FR-89-001. October 20,1988 Federal Register (53 FR 41288) entitled, "Mining Waste Exclusion; Notice of Proposed Rulemaking," is available from the Cincinnati warehouse. The Inside Story: A Guide to Indoor Air is available from the Public Information Center (PIC). The RCRA Corrective Action Plan is available from ORD. Indoor Air Quality in Public Buildings: Volumes I and II are available from ORD. The publication number is EPA/600/6-88-0096. The October 11,1988 Federal Register (52 FR 39722) entitled "Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities," will be available in January 1989; if needed in advance it is available from Subpart F Regional contact. Infectious waste tracking bill (HR-3515) is available as Public Law 582 (PL-582). It is available by calling House documents room at (202) 225-3456. 18 ------- CERCLA Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA; August 1988 Interim Final Guidance is available from the CERCLA Docket; OSWER Directive #9355.3-01. Community Relations in Superfund: A Handbook is available from the Superfund Docket. A preprint copy of the proposed NCP is available for xeroxing (by appointment only) from the Superfund Docket. HRS Federal Register pre-publication notice and press package is available from the Superfund Docket. Superfund Design and Construction Update (bi-monthly) is available at the Public Information Center. 19 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 V. FEDERAL REGISTER NOTICES — NOVEMBER 1988 Former Notices with Open Comment Period August 30,1988; 53 FR 33314 (proposed rule) September 22,1988; 53 FR 36883 (notice of availability) September 27,1988; 53 FR 37601 (notice of proposed rule) September 28,1988; 53 FR 37803 (notice of proposed petition) 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 were accepted on or before November 30, 1988. The EPA announces availability of a draft report entitled, The Solid Waste Delimma: An Agenda for Action. Comments were accepted until November 21, 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 were accepted until November 14, 1988. 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 were accepted until November 14, 1988. 20 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 September 28,1988; 53 FR 37808 (denial of proposed petition) October 4,1988; 53 FR 38950 (final rule) October 5,1988; 53 FR 39161 (proposed consent decree) October 12,1988; 53 FR 39813 (consent decree notice) October 14,1988; 53 FR 40282 (consent decree notice) 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 were accepted until November 14, 1988. This final rule announces EPA's approval of revisions made to Nebraska's hazardous waste program. Comments were accepted on or before November 3, 1988. 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 were received by the Department of Justice (DOJ) until November 4, 1988. The DOJ will receive comments on a consent decree which has been lodged against Canadyne-Georgia Corp. et al. pursuant to CERCLA. Comments were accepted until November 11, 1988. The DOJ will receive comments on a con- sent decree which has been lodged pursuant to RCRA against Techalloy Co. for LOIS (Loss of Interim Status) violations. Comments were accepted until November 13, 1988. 21 ------- 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 FR 40490 (proposed settlement) October 17,1988; 53 FR 40499 (lodging of consent decree) October 19,1988; 53 FR 40908 (notice of deletion from NPL) October 19,1988; 53 FR 40910 (notice of deletion from NPL) 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 were received until November 16, 1988. The EPA is proposing to settle a claim under Section 107 of CERCLA for response costs incurred at the Summit National Site in Deerfield, OH. Comments were received until 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 accepted comments through 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 were accepted until November 18, 1988. This notice announces EPA's intention to delete from the NPL the Krysowaty Farm Site, Voorhees Township NJ. Comments were accepted until November 18, 1988. 22 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 October 20,1988; 53 FR 41164 (final rule) October 20,1988; 53 FR 41210 (notice to extend comment period) October 20,1988; 53 FR 41250 (lodging of consent decree) October 20,1988; 53 FR 41288 (proposed rule) October 21,1988; 53 FR 41424 (partial consent decree notice) October 25,1988; 53 FR 43050 (notice of proposed consent decree) 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 were accepted until November 21, 1988. This notice extends the comment period for the proposed criteria for solid waste disposal facilities (53 FR 33313). Comments were accepted through 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 were accepted until November 19, 1988. 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 were accepted until November 21, 1988. 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, Western District of Michigan. Comments were received through November 20, 1988. The DOJ is proposing a consent decree against the Ford Motor Co., for remedial actions at the Speigelberg Landfill in Greenoak Township, MI. DOJ received comments until November 24, 1988. 23 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 October 26,1988; 53 FR 43400 (proposed rule) October 26,1988; 53 FR 43279 (notice of consent decree) November Federal Register Notices November 3,1988; 53 FR 44526 (proposed settlement) November 3, 1988; 53 FR 44527 (proposed settlement) November 4, 1988; 53 FR 44658 (SAB meeting) The EPA is proposing 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. 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 "UMF' site in Gonic, NH. Comments were received through November 26, 1988. This notice announces a proposed settlement under Section 122(h) of CERCLA between EPA and John R. Boucom, Jr., for response costs at Auburn Church Road Drum Site, Raleigh, NC. The comment periods ends December 3,1988. This notice announces a proposed settlement under Section 122(h) of CERCLA between EPA and Transcon Lines, Inc., for response costs at the Peachtree Mercury Site, Norcross, GA. The comment period ends December 3, 1988. This notice announces the meeting of the Science Advisory Board's (SAB) Sub- committee on Products of Incomplete Combustion (PICs) for hazardous waste incineration. The meeting will be open to the public and will be held December 15-16, 1988, in Washington, D.C. 24 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 November 4, 1988; 53 FR 44678 (proposed consent decree) November 4, 1988; 53 FR 44716 (proposed rule) November 7, 1988; 53 FR 44947 (notice) November 7, 1988; 53 FR 44976 (correction notice) This notice announces the lodging of a proposed consent decree in U.S. v. Village of Endicott and Town of Union in connection with the Endicott Village Wellfield Site, Broome County, NY. The comment period ends December 4,1988. This proposed rule will reference various Federal Agencies' implementation of OMB's Circular A-110 with a common government- wide rule for the administration of grants and cooperative agreements to institutions of higher education, hospitals, non-profit and profit entities. Both EPA and FEMA are affected by this proposed rule. The comment period ends January 3,1989. The EPA will transfer to the appropriate State environmental protection office information submitted to EPA under the authority of RCRA in the following surveys: —National Screening Survey of Hazardous Waste Treatment, Storage, Disposal, and Recycling Facilities; —National Detailed Survey of Hazardous Waste Treatment, Storage, Disposal and Recycled Facilities; —National Survey of Hazardous Waste Generators; and, —Hazardous Waste Biennial Report Data. EPA has corrected a date from "January 24, 1988" to "January 24,1989," in the Underground Storage Tank Financial Responsibility Rule. 25 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 November 8,1988; 53 FR 45089 (final rule) November 8,1988; 53 FR 45106 (proposed rule) November 8, 1988; 53 FR 45112 (proposed rule) November 9, 1988; 53 FR 45402 (lodging of consent decree) November 10,1988; 53 FR 45523 (extension of comment period) EPA has renewed the Uniform Hazardous Waste Manifest form without change and extends the expiration date to September 30, 1991. This notice also includes a burden disclosure statement. EPA is proposing to grant a petition submitted by Marquette Electronics, Inc., of Milwaukee, WI, to exclude certain solid wastes from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until December 23,1988. EPA is proposing to conditionally grant Occidental Chemical Corp. of Sheffield, AL, an exclusion for certain solid wastes from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until December 23,1988. The DOJ is lodging a consent decree pursuant to CERCLA in the case of U.S. v. Zinc Corp. of America, a division of Horsehead Industries. Inc. The decree is for a release in the Blue Mountain Unit of Palmerton Zinc in Palmerton, PA. DOJ will accept comments until December 9, 1988. EPA is extending the comment period on a proposed delisting decision for Merck and Company, Inc., of Elkton, VA, that appeared in the Federal Register of September 27,1988. Comments will be accepted until December 14,1988. 26 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 November 15,1988; 53 FR 45948 (notice of public hearing) November 16,1988; 53 FR 46364 (Federal facilities update) November 17, 1988; 53 FR 46558 (final rule) November 17, 1988; 53 FR 46474 (request for comment) November 21, 1988; 53 FR 46948 (consent decree) The public hearing concerning the proposed mining waste exclusion (53 FR 41288) has been rescheduled. The original time was 10:00 a.m.-12:00 p.m. (on November 17,1988); the hearing has been extended, and will be held from 10:00 a.m.-12:00 a.m. and 1:30 p.m.- 4:30 p.m., unless concluded earlier. This notice contains the first six-month update of the list of Federal facilities under CERCLA Section 120(c). This notice also contains revisions to the initial list (known as the "Federal Facilities Docket"). This final rule presents guidelines for the Federal procurement of retread tires. This guideline implements Section 6002 (e) of RCRA, and adds a Part 253 to the 40 CFR. This final rule designates tires as products which, if Federal funds are used in purchasing such products, must contain the highest percentage of recovered materials practicable. This notice requests further comment on the proposed rulemaking of August 14,1987 (52 FR 30570) concerning increased flexibility in the modifications of permits (and for interim status facilities, Part A applications) when facilities are managing newly listed or identified wastes. The comment period ends December 19,1988. The DOJ is giving notice that a consent decree has been issued pursuant to CERCLA , in the case of U.S. v. Alean Aluminum Corp. The proposed consent decree involves clean- up costs incurred at the Renora Superfund site in Edison, NJ. 27 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 November 22,1988; 53 FR 47232 (FEMA proposed rule) November 25,1988; 53 FR 47731 (proposed rule) November 25,1988; 53 FR 47737 (proposed rule) November 25,1988; 53 FR 47692 (final rule) November 29,1988; 53 FR 47980 (NPL site deletion) This proposed rule would establish policy implementing FEMA's responsibility to provide permanent relocation assistance to persons as part of CERCLA response actions. Comments must be received by January 23, 1989. EPA is proposing to exclude certain solid wastes contained in an on-site surface impoundment from the lists of hazardous waste in 40 CFR Sections 261.31 and 261.32 in response to a petition submitted by Brush Wellman, Inc., Elmore, OH. This notice also proposes to deny two other petitions submitted by the same company. Comments will be accepted until January 9,1989. EPA is proposing to approve revisions to the State program of Utah and give Utah final authorization. Comments will be accepted until December 27, 1988. EPA is granting an exclusion from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32 for specified wastes generated by the Goodyear Tire and Rubber Company in Randleman, NC. EPA is providing notice on its intent to delete the Parramore Surplus Company site, Mt. Pleasant, FL, from the National Priorities List (NPL). Comments must be submitted to the Region IV Docket Office by December 24, 1988. 28 ------- RCRA/Superfund Hotline National Toll Free #800/424-9346, Washington DC Metro #202/382-3000 November 29,1988; 53 FR 48048 (consent decree) November 29,1988; 53 FR 48218 (proposed rule) This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Metropolitan Dade County Florida, for the Northwest 58th Street Municipal Landfill. Comment period ends December 29,1988. This proposed rule would amend the National Contingency Plan (NCP) by adding a new Section 300.440. This proposed amendment implements CERCLA Section 121(d)(3) regarding off-site management of wastes from CERCLA response actions. Comment period ends January 13, 1989. 29 ------- 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 Steve Cochran, EH-562B Kathy Collier, RTF, NC Elizabeth Cotsworth, OS-343 Rhonda Craig, OS-333 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 Terry Feldman, A-108 Tim Fields, OS-210 Lisa Friedman, LE-132S 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 Cheryl Hawkins, OS-200 Steve Hooper, OS-500 Irene Horner, WH-595 Barbara Hostage, OS-210 Hotline Staff Bob Israel, TS-779 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 William Kline, OS-322 Bob Kievit, EPA-Olympia, WA Robert Knox, OS-130 Mike Kosakowski, OS-510 Walter Kovalick, OS-200 Steve Kovash, PM-214F 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 Chet McLaughlin, Region 7 Scott McPhilamy, Region 3 Royal Nadeau, Region 2 Mike Petruska, OS-332 Lawrence Pratt, ANR-464 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 Alex Wolfe, OS-342 Dan Yurman, 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 30 ------- A AA ------- |