,^0 sr,f *•
f& ,
UNITED STATES EN VIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
530R89104
MAY 2 198S
-• r F i C '- Of
SOLID WASTE
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1. Coke and Coal Tar Recyclable Material Requirements (Cont'd)
and is regulated as K087 (see Figure 1). K087 is considered hazardous because
of the high levels of phenol and naphthalene which are toxic to humans and
aquatic life (see Listing Background Document for K087).
Some coke plants use the decanter tank tar sludge (K087) as a raw material in
either the sintering process or open hearth furnace operations. The sludge
can be recycled by mixing it with coal before it is charged to a coke oven to
produce coke (Figure 1). The coke product is then used as a fuel in steel blast
furnaces. Additionally, the sludge is sometimes mixed back into the coal tar
by-product which is also frequently used as a fuel.
In the January 11, 1985 Federal Register (50 FR 1684), the EPA proposed to
exempt coke and coal tar fuel derived from K087 if sufficient data was
provided to EPA to demonstrate that contaminants in the recycled waste did
not add significant concentrations of contaminants to the coke fuel product
(50 FR 1689-1690). The exemption was proposed to be applied narrowly and
only to fuel products containing hazardous waste that was generated by the
production process itself. The exemption would only apply to the coke and
coal tar hazardous waste fuel. It would not apply to fuels containing other
wastes and would not apply to wastes before they are reintroduced into the
production process. Thus, generators would have to comply with the storage
requirements of 40 CFR 262.34 or the facility standards per 40 CFR 264/265 (50
FR 1689-1690).
In the November 29, 1985 Federal Register, the EPA finalized the exemption
for K087 waste derived coke (a hazardous waste fuel) and the exemption of
coal tar produced from coal tar decanter sludge (see Figure 1). Coke and coal
tar fuels derived from K087 are excluded from regulation when used to
produce coke because the contaminants levels in the coke do not appreciably
increase by recycling the tar sludge (K087). Both of these waste derived fuels
are exempt per 40 CFR 261(a)(3)(vii) (see 50 FR 49170- 49171).
Therefore, in this situation, where the decanter tank tar sludge (K087) is
mixed or blended with purchased creosote, the exemption would not apply
because coal tar is not being recycled and no coke fuel is derived (see Figure 2).
The owner or operator of the process in question is mixing hazardous waste
(K087) with creosote. The burning of this hazardous waste would be subject
to the incinerator regulations under 40 CFR Part 264/265 Subpart O.
Source: Dwight Hlustick (202) 382-7926
Research: Renee Pannebaker (202) 382-3000
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Figure 1. Coke and Coal Tar Exemotlon (40 CFR S261.6(a)(3HviiH
coal
•-coal tar
decanter sludge
(K087)
volatile
coke oven gases
1
coed tar *
steel blast
furnace
* Exempt Hazardous Waste derived fuel.
Figure 2. Process in Question
tar decanter <=$» creosote.
sludge added as
(K087) a diluent
coke oven
open hearth.
furnace
•coke-
steel blast
furnace
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2. Drip Gas Exclusion
Drip gas is collected from a natural gas line located at the production site. Is this
condensate exempt from being a hazardous waste pursuant to 40 CFR 261.4(b)(5)?
According to 40 CFR 261.4(b)(5), "Drilling fluids, produced waters, and other
wastes associated with the exploration, development, or production of crude
oil, natural gas or geothermal energy..." are not subject to regulation as
hazardous wastes under Subtitle C of RCRA. Therefore, if the drip gas is
collected from lines that are associated with movement of the natural gas on-
site (i.e. the exploration, development, or production site) then the drip gas is
exempt from being a hazardous waste. An example is drip gas from gathering
lines on the production site that lead to an on-site central storage tank.
On the other hand, if the drip gas is collected from lines that are used for the
off-site movement of natural gas, the drip gas is not excluded under 40 CFR
261.4(b)(5). For example, drip gas collected from lines used to transport
natural gas from the production site to an off-site distribution center would
not be excluded under 40 CFR 261.4(b)(5).
The rationale behind this on-site/off-site distinction arises from the
legislative history of RCRA Section 3001(b)(2)(A) which is directed to
"...drilling fluids, produced waters, and other wastes associated with the
exploration, development, or production of crude oil or natural gas...." The
legislative history discusses "other wastes" as follows:
The term "other wastes associated" is specifically included to
designate waste materials intrinsically derived from primary
field operations associated with the exploration, development,
or production of crude oil, natural gas or geothermal energy. It
would cover such substances as: hydrocarbon bearing soil in
and around related facilities; drill cuttings; and materials (such
as hydrocarbons, water, sand, and emulsion) produced from a
well in conjunction with crude oil, natural gas or geothermal
energy; and the accumulated material (such as hydrocarbons,
water, sand and emulsion) from production separators, fluid
treating vessels, storage vessels, and production
impoundments.
The phrase "intrinsically derived from the primary field operations" is
intended to differentiate exploration, development, and production
operations from transportation (from the point of custody transfer or of
production separation and dehydration) and manufacturing operations.
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2. Drip Gas Exclusion (Cont'd)
EPA has outlined 3 criteria as a test of whether a particular waste qualifies for
the exemption.! The criterion that addresses the on-site/ off-site issue is as
follows:
Drilling fluids, produced waters, and other wastes intrinsically derived from
primary field operations associated with the exploration, development, or
production of crude oil, natural gas or geothermal energy are subject to
exemption. Primary field operations encompass production-related activities
but not transportation or manufacturing activities. With respect to oil
production, primary field operations encompass those activities usually
occurring at or near the wellhead, but prior to the transfer of oil from an
individual field facility or a centrally located facility to a carrier (i.e., pipeline
or trucking concern) for transport to a refinery or to a refiner.
With respect to natural gas production, primary field operations are those
activities occurring at or near the wellhead or at the gas plant but prior to the
point at which the gas is transferred from an individual field facility, a
centrally located facility, or a gas plant to a carrier for transport to market.
Primary field operations encompass the primary, secondary, and tertiary
production of oil or gas.
Wastes generated by the transportation process itself are not exempt because
they are not intrinsically associated with primary field operations. An
example would be pigging waste from pipeline pumping stations.
Transportation (for the oil and gas industry) may be for short or long
distances....
Thus, drip gas collected from lines associated with transport of natural gas
from the production site to an off-site distribution center would not be
covered by the exemption.
"Management of Wastes from the Exploration, Development, and Production of Crude Oil,
Natural Gas, and Geothermal Energy," Report to Congress, December 1987, pp. 7-8. A listing of
wastes covered by the exemption appears in EPA's "Regulatory Determination for Oil and Gas and
Geothermal Exploration, Development and Production Wastes," 53 FR 25446 (July 6, 1988).
Source: Mike Fitzpatrick (202) 475-6783
Research: Kenneth Leigh Mitchell, Ph.D. (202) 382-3000
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3. UST Temporary Closure
An owner of an underground storage tank system (UST) that he temporarily
closed prior to the effective date of the UST technical regulations (December 22,
1988) does not expect to continue operation of the tank. Rather, the owner
wishes to keep the tank in temporary closure for the maximum amount of time
allowable, at the end of which he plans to permanently dose the tank. The tank
does not meet the performance standards in Section 280.20.
Under Section 280.70(c), (53 FR 37206), if an UST system is temporarily closed for
more than 12 months, the owner/operator of the UST must permanently close
the tank if it does not meet performance standards in Section 280.20. In addition,
Section 280.71 (a) requires owners/operators of UST systems that are being
permanently closed to notify the implementing agency 30 days before beginning
permanent closure.
Does the 12 month period of temporary closure start from the effective date of
the UST regulations or does it begin when the owner temporarily closed the
tank?
Due to the 30-day notification requirement, does the owner/operator actually
have 13 months before he is required to permanently close?
Since the owner/operator does not plan to permanently close until the
maximum amount of time, when should he notify and when should he close
the UST?
The 12-month period begins with the effective date of the UST regulations,
which is December 22, 1988. If the owner closed the UST system after the
effective date of the regulations, then the 12-month period would have begun
on the date that the UST system temporarily closed.
The 30-day notification requirement prior to permanent closure does not add
an additional month to the 12-month permanent closure requirement. The
owner/operator should plan in advance the timing of the 30-day notification
requirement.
The owner/ operator must notify the implementing agency by 11 months into
the temporary closure period, which, in the situation presented above, is
November 1989. The owner/operator must undergo permanent closure by
December 1989, allowing for the maximum period of time to remain in
temporary closure.
Source: Kim Green (202)475-9395
Research: Yolanda Ting (202)382-3000
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4. Applicability of the UST Regulations to Previously Closed or Abandoned UST
Systems
An owner of an UST containing gasoline has not used the tank in several years.
The owner considers the tank abandoned. In January of 1989, however, the
owner decides to remove the tank from the ground. Do the closure provisions
in Subpart G of the UST Technical Rule apply (53 FR 37206)?
No. For tanks closed or abandoned before the effective date, the requirement
to follow the closure provisions are applied selectively under the
discretionary authority of the implementing agency (53 FR 37206). However,
as a general policy, industry recommended practices should be followed when
handling tank systems (including the removal of all stored product from
abandoned tank systems). Nevertheless, an owner or operator who discovers
a release at the site of an UST system closed or abandoned prior to
December 22, 1988, is subject to the corrective action requirements (Subpart F)
of the Federal technical standards, regardless of whether corrective action
measures have been directed by the implementing agency. Abandoned
means "not used" (and never intended to be used again); that is, the tank, is
not being used, and is not intended for future use by adding, storing, or
dispensing product. A tank may be considered to be abandoned regardless of
its condition (i.e., whether it is empty and clean, empty with residue, sludges,
etc., or still containing an accumulation of regulated substance).
However, a tank that is closed or abandoned before December 22, 1988 (and,
consequently, not mandated to comply with the requirements for existing
tanks on or after December 22, 1988), must meet all the conditions for an
existing tank if the owner later decides (i.e., on or after December 22, 1988) to
reopen or bring the tank back into use.
Alternatively, an UST system that is closed or abandoned before December 22,
1988 may be considered "temporarily dosed" on or after December 22, 1988 if
the provisions for temporary closure in Section 280.70 are met (in this event,
the clock for the 3-month provision of 280.70(b) and the 12 month provision
of 280.70(c) starts on December 22,1988).
Contact Kim Green (202) 475-9395
Research: Kenneth Leigh Mitchell, Ph.D. (202) 382-3000
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B. Emergency Planning and Community Right-to-Know
5. Sections 311 & 312: Determining Thresholds
A facility owner/operator makes a specialty chemical by first producing one
chemical—the reaction intermediate—and then injecting chlorine into the
reaction vessel to start the final reaction for the final product. The facility runs
these batches 3-4 times a year. The reaction intermediate is present over
10,000 pounds on those days that the batches are run for about a half of a day.
The facility is required to have an Material Safety Data Sheet (MSDS) for the
intermediate. Since the substance is not on site for 24 hours, must it be reported
on Tier II?
Since the facility owner/operator is required to prepare and have available a
MSDS for the reaction intermediate, the substance is subject to Section 312.
For the substance to be reportable, it must be present at the facility above the
threshold planning quantity—10,000 Ibs. Since no time period is specified for
"present at the facility," it is implied that if the substance is present at any one
time during the year above the threshold it is reportable.
Therefore, since the reaction intermediate is present at the facility over
10,000 Ibs. at one time, the substance is reportable under Section 312 and must
be included on Tier II. Also, the facility owner/operator may want to
indicate in some way what three days the intermediate will be present in
order to simplify planning for the facility.
Source: Kathy Brody (202) 382-8353
Research: Anita Bartera (202) 479-2449
6. Sections 311/312: Exemptions
Does the agricultural use exemption, 311(e)(5), apply to fuels used by harvesting
services to transport crops from the farm to the market or the food processor?
Does the agricultural use exemption apply to the fuel used by the farmer to
transport crops from the farm to the market or the food processor?
The agricultural exemption is intended primarily to cover hazardous
chemicals used or stored at the farm facility. Therefore, the fuel used by a
harvesting service would not be covered by the 311(c)(5) exemption.
However/ fuel used by the farmer and which is located at the farm itself
would be exempt.
Source: Kathleen Brody (202)475-8353
KirstenEngel (202)382-7722
Research: Jon Roland (202)479-2449
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7. Sections 311/312: Exemptions
A citrus grove service owner stores pesticides and diesel fuel at his facility. The
owner's business consists of transporting the pesticides to citrus groves and
applying them to trees. This application is the only use of the pesticides; the
owner does not sell them or use them in any other way. The service uses the
diesel fuel exclusively to transport the fertilizers and pesticides to the citrus
groves so they may be applied. Would the pesticides or diesel fuel be covered by
the 311(e)(5) agricultural use exemption from reporting under Sections 311 and
312 of Title HI?
The only instance covered by the 311(e)(5) agricultural exemption is the actual
application of the pesticide. The owner/operator does not need to report the
use of the pesticide at the citrus grove location because the citrus grove is
considered a routine agricultural operation. With regard to the storage of the
pesticides and diesel fuel at the service facility, these must be reported. The
agricultural exemption is intended to primarily cover use and storage of
hazardous chemicals at the farm facility (52 FR 38349).
Source: Kathleen Brody (202) 382-8353
Kirsten Engel (202) 382-7722
Research: Jon Roland (202) 479-2449
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II. ACTIVITIES— FEBRUARY 1989
1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-
to-Know Hotline responded to 19,450 questions and requests for documents in
February. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Calls
Call Document Requests
Written Document Requests
Referrals
4,625
1,882
295
1,213
1,144
86
1,543
185
6,222 = 13,534
1,353 = 3.506
466 = 761
436 = 1,649
Totals 8,015 1,230 1,728 8,477 = 19,450
A. RCRA/Superfund Hotline Activities
2. On February 1, Denise Sines, Hotline Project Director, met with Betty Van
Epps, OERR, regarding a Hotline project.
3. On February 6, 13, and 27, Chris Bryant, Hotline Section Chief, attended the
OSWER Communications Meetings.
4. On February 7 and 21, Joe Nixon, Hotline Section Chief attended OUST staff
meetings.
5. On February 9, Stephanie Bergman, OUST, briefed the Hotline on the UST
Financial Responsibility Requirements.
6. On February 22, Denise Sines, Hotline Project Director, met with Hubert
Waiters, OERR Deputy Project Officer, regarding Hotline operations and an
OERR project.
7. On February 23, Denise Sines, Hotline Project Director, met with Jim O'Leary,
OSW, regarding a Hotline project.
8. On February 24, Denise Sines, Hotline Project Director, met with Pat Conn,
OSW, concerning a Hotline project.
9. On February 23, Sonya Stelmack, OSW, briefed the Hotline on the Interim
Status Incinerator Trial Burn Regulations.
10
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B. Emergency Planning & Community Right-To-Know Information Hotline
Activities (Cont'd)
10. On February 1, 8,15, and 22 the Title III Hotline staff attended the Title HI
Outreach Subcommittee meetings on status of Title HI communications
strategy.
11. On February 2, 9,15, 22, and 23, Denise Sines, and Robert Costa of the Title HI
Hotline met with Lee Ann duFief and Bob Israel/OTS and Laurie Solomon
and Tony Jover/Preparedness Staff on the status of the Title III Hotline.
12. On February 7, John Ferris and Robert Costa of the Title HI Hotline staff
attended the Section 313 Interpretive Workgroup meeting on the status of
outstanding regulatory and technical issues.
13. On February 7 and 22, the Title III Hotline staff attended the Preparedness
Staff meetings on status of program office activities.
14. On February 8, Robert Costa of the Title HI Hotline staff attended the
conference call with Regional Counsel on the status of Title III enforcement
and legal issues.
15. On February 13, Anita Bartera of the Title HI Hotline staff attended the
conference call with the FEMA/EPA Regional Title HI coordinators on status
of Title III activities.
16. On February 14, Dan Irvin and Minda Sarmiento of the Title III Hotline staff
attended the Title III Workgroup meeting on the status of Title III activities.
17. On February 15, Robert Costa of the Title HI Hotline staff met with Laurie
Solomon of the Preparedness Staff to discuss the status of Title III printing
and distribution issues.
18. On February 16, Anita Bartera of the Title HI Hotline staff attended the Indian
Workgroup meeting on the status of EPA's policy regarding Title III
implementation in Indian tribal lands.
19. On February 22, Dan Irvin of the Title III Hotline staff attended the public
meeting held by the Department of Transportation on revising its Emergency
Response Guidebook.
20. On February 22, Jon Roland of the Title m Hotline staff attended the
Prevention Workgroup meeting on the status of ARE* and other prevention
activities.
21. On February 23, Jim Styers of the Title m Hotline staff attended the conference
call with Regional outreach coordinators to discuss the status of Title m
outreach activities.
11
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B. Emergency Planning & Community Right-To-Know Information Hotline
Activities (Cont'd)
22. On February 24, Robert Costa of the Title IE Hotline staff met with Kathy
Franklin, OTS, to discuss the status of current and upcoming technical
guidance on estimating releases for the toxic chemical release reporting
requirements.
23. On February 27, Minda Sarmiento of the Title in Hotline staff attended the
conference call with EPA Preparedness coordinators on the status of Title III
activities.
24. On February 28, Dan Irvin of the Title HI Hotline staff attended the Title III
Workgroup meeting on the status of Title III activities.
12
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III. ANALYSES OF QUESTIONS—February 1989
Grand Total = 10,973
RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
5%
1 1%
22%
11%
19%
9%
Region 7
Region 8
Region 9
Region 10
International Calls
4%
5%
11%
4%
0%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
UST O/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 ko/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reporting
§262 International Shipments
§263 Transporters
4%
12%
15%
5%
1%
1%
2%
4%
2%
1%
1 1%
440
60
71
1 7
150
292
322
334
127
77
66
96
136
43
1 18
99
27
22
34
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 01
Waste Minimization
22%
8%
2%
2%
0%
1%
0%
0%
4%~
1%
5
41
24
5
29
156
84
40
1 5
28
63
38
1 1
30
71
14
13
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RCRA-TSDF/264 and 265
A Scope/Appltoabilfty
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. ft Investigation
83
19
16
3
1 2
69
69
53
38
69
34
6
1 0
31
6
27
3
6
353
127
1 1
35
99
46
31
35
46
34
22
57
36
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
6
23
186
80
58
0
2
62
27
1 9
8
1 7
36
1
1 3
29
148
1,882
6,507
1 0
5
105
205
27
15
15
7
1 0
185
1 ,728
14
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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
ARARs
CERCUS
Citizen Suits
Clean-Up Costs
Clean-Up Standards
Community Relations
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Emergency Response
Enforcement
Exposure AssessVRisk Assess.
Federal Facilities
Fund Balancing
General
Grants
Hazardous Substances
Health/Toxics
MRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCR
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 SenVFOIA
Form Letter Sent/Need More Info.
Requests Filled - RCRA
- CERCLA
-UST
SUBTOTAL
21
0
12
1 8
68
9
6
34
5
1 1
1
1
15
6
24
13
7
2
75
5
98
9
16
44
0
2
2
51
36
90
354
59
26
89
0
2
0
121
0
0
299
Off-Site Policy
On-Site Policy
OSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
ra
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
10
3
5
7
1 0
3
1
2
8
1 9
7
1
33
13
63
0
3
20
1 1
3
6
42
86
1 ,230
1 17
175
146
306
357
76
1,213
TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
10,973
15
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Emergency Planning Community Right-to-Know Information Hotline
Dally/Monthly Summary Report—February 1989
Total Calls: 6,222
Distribution of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
Manufacturers
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber & Wood
25 Furniture
26 Paper
27 Printing & Publishing
28 Chemicals
29 Petroleum & Coal
30 Rubber and Plastics
31 Leather
32 Stone, Clay & Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (Excluding Electrical
36 Electrical & Electronic Equipmer
37 Transportation Equipment
38 Instruments
39 Misc. Manufacturing
Not Able to Determine
Total Mfg. (%)
Title III General
§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
7%
1 1%
14%
14%
27%
0%
3.10%
0.02%
0.83%
0.17%
0.71%
0.83%
1 .33%
2.03%
13.52%
3.06%
3.44%
0.20%
1.83%
2.44%
6.86%
1.63%
4.05%
2.16%
0.58%
0.60%
0.93%
50.19%|
486
222
288
72
149
29
350
Total Document Requests:
Total Written Requests:
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
Distributors
Handlers
Attorneys
Consultants/Engineers
Laboratories
Trade Associations
Public Interest Groups
Universities/ Academia
Insurance Companies
Hospitals
State Agencies/SERC
Fire Departments
EPA
Local Officials
LEPC
Farmers
Federal Agencies
Media/Press
Union/Labor
Citizens
Indians
Other
Total (%)
Delisting EHS
Exemptions
iTotal (%1
1,353
466
7%
4%
3%
9%
3%
1%
5.12%
1 1 .33%
3.92%
12.36%
1.08%
1 .05%
0.53%
1.91%
0.30%
0.98%
2.58%
0.47%
1.40%
1.16%
1.61%
0.58%
0.76%
0.27%
0.00%
1.81%
0.02%
0.45%
4.86%|
35
38
11.83%l
16
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§31 1/5312
General
MSDS Reporting Requirements
Tier I/I I Peculations
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
CSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
1,091
338
1,493
1,187
114
251
398
463
53%l
1,105
409
358
46
0
4
157
1 6
34
1
21 %|
155
2
2
115
13
29
120
436
ITotal Document Requests:
1 , 3 5 3|
Training: General
§305 Training Grants
_§305 Emergency Systems Review
§126 (SARA) Training Regulations
10
8
9
36
ITotal (%) 1 %|
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 (%)
4
23
33
34
1 1
1
5
6
191
3 %|
43
0.43 %|
85
0 . 8 5 %|
1 9
0.19%|
86
55
79
30
66
1 7
20
4 %|
17
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
IV. PUBLICATIONS—FEBRUARY 1989
RCRA
The following documents are available from the National Technical Information
Service (NTIS) at (703) 487-4650.
BOAT Background Documents for:
F001-F005 (Final), Volume 18; PB-89-142-525
F006 (Final); PB-89-142-467
K015 (Final); PB-89-142-350
K016, K018-K020 (Final), Volume 3; PB-89-142-368
K048-K052 (Final), Volume 3; PB-89-142-376
K071 (Final); PB-89-142-400
K087 (Final); and PB-89-142-475
Cyanide Wastes PB-89-142-228
"Characterization of Products Containing Lead and Cadmium in Municipal Solid
Waste in the U.S., 1970-2000, Full Report;" PB-89-151-039.
"Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities;" PB89-
151-047.
"Update 1 to the Third Edition of SW-846;" PB89-148-076.
The following documents are available through the RCRA/Superfund Hotline:
"EPA Journal, Solid Waste Issue." The order number is Volume 15, Number 2.
"The Garbage Problem: A Proposed Action Agenda." The publication number is
EPA/530-SW-89-018.
January 13,1989 Federal Register (54 PR 3212) entitled, "Hazardous Waste
Management System; Testing and Monitoring Activities; Proposed Rule." The
publication number is OSW-FR-89-001.
"RCRA Corrective Action Interim Measures Guidance." The publication
number is EPA/530-SW-88-029.
18
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RCRA (Cont'd)
"RCRA Corrective Action Plan." The publication number is EPA/530-SW-88-
028.
"Recycling Works! State and Local Solutions to Solid Waste Management
Programs." The publication number is EPA/530-SW-89-014.
The Attorney General certification sample form is available from the Regional
Offices.
"The Cost and Availability of Pollution Control Insurance," October, 1988, is
available from the General Accounting Office (GAO). The publication number is
GAO/PEMD-89-6.
"Financial Assurance Programs: A Handbook for States," pertaining to the
Underground Storage Tank Regulations, is available by sending written requests
to Stephanie Bergman (OS-410).
"Hazardous Waste Groundwater Task Force: 1987 Status Report and 1988/1989
Program Recommendations" is available from Steve Heare at 382-2207.
"Oh No! Leaks and Spills!" is now available from the RCRA/Superfund Hotline.
The Summary of the "ORD Edison Study" is now available from the
RCRA/Superfund Hotline.
CERCLA
"Guidance Document for Providing Alternative Water Supplies" is available
from the CERCLA Docket; OSWER Directive #9355.3-03.
"Progress Toward Implementing Superfund: Fiscal Year 1987" is expected to be
available from the CERCLA Docket at the end of March 1989.
"Structures Settlements: A New Settlement Incentive" is available by calling
Tony Diecidue at 382-4841.
The following reports on contractor work at Superfund sites are available by
written request to Freedom of Information Act Offices: Weston TAT Services"
(ESE-H-7030-29081949) and "N.U.S. Field Investigations" (ESE-H-7030-27381966).
19
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES — FEBRUARY 1989
Former Notices with Open Comment Period
December 21,1988; 53 FR 51394
(proposed rule)
December 23,1988; 53 FR 51962
(proposed rule)
December 30,1988; 53 FR 53282
(proposed rule)
December 30, 1988; 53 FR 53330
(proposed rule)
January 10,1989; 54 FR 832
(extended comment period)
This proposal revises the National Oil
and Hazardous Substances Pollution
Plan (NCP). Comments will be
received until February 21,1989.
EPA proposes revisions to the Hazard
Ranking System (HRS) to change
EPA's evaluation of potential threats
to the public health and the
environment. Comments will be
received until February 21,1989.
This rule proposes to list three wood
preserving operation wastes and one
surface protection process waste.
Comments will be accepted until
February 28,1989.
This proposed rule is a tentative
petition to deny a petition from the
American Wood Preservers Institute
for EPA to reconsider and clarify the
K001 listing. Comments will be
received until February 28, 1989.
This notice announces the extension
of the comment period to implement
the recommendation of the Domestic
Sewage Study. The comment period is
extended to February 22,1989.
20
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
January 11,1989; 54 FR 1056
(proposed rule)
January 12,1989; 54 FR 1189
(proposed rule)
January 12,1989; 54 FR 1256
(proposed settlement decree)
January 23,1989; 54 FR 3212
(proposed rule)
January 23,1989; 54 FR 3136
(notice)
January 23,1989; 54 FR 3132
(proposed extension)
EPA proposes land disposal restriction
treatment standards and prohibitions
for the Second Third of listed wastes.
Comments will be accepted until
February 27,1989.
EPA proposes to exclude certain wastes
generated by Perox, Inc. from the lists
of hazardous wastes. Comments will
be accepted until February 27,1989.
This notice proposes a consent decree
pursuant to CERCLA in U.S.. et al. v.
County of Spokane, et al. Comments
will be received until February 13,
1989.
EPA proposes to revise certain test
methods under Subtitle C. EPA is also
proposing to add several new test
methods which will appear in the
Third Edition of SW-846. Comments
will be received until March 9,1989.
This notice announces the relocation
of the RCRA Docket. The Docket will
be closed January 30, 1989 through
February 2,1989.
This notice announces the proposed
extension to the land disposal
restrictions date of November 8, 1988
for solvent containing sludges having
less than 1% total F001-F005 solvent
constituents for E.I. duPont in its
Chambers Works plant. Comments
will be received until February 22,
1988.
21
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
January 23,1989; 54 FR3153
(proposed decree)
January 23,1989; 54 FR 3388
(proposed rule)
January 26,1989; 54 FR 3918
(proposed rule)
January 27,1989; 54 FR 4132
(final rule)
January 30,1989; 54 FR 4334
(notice)
This notice is a proposed decree in
U.S. v. Tagiella for recovery of costs
incurred by U.S. in connection with
two removal actions conducted at a
facility known as the Calmut
Container site. The Department of
Justice (DOJ) will receive comments
until February 22,1989.
EPA is proposing to designate 232
extremely hazardous substances
(EHSs) to the list of hazardous
substances. Comments must be
submitted by March 24,1989.
This is a proposed rule prescribing
the manner in which notice of citizen
suits are to be provided under
CERCLA Section 310. Comments will
be accepted until February 27,1989.
This rule establishes administrative
requirements for CERCLA funded
cooperative agreements, and
Superfund State Contracts necessary to
implement cost recovery actions.
Comments on this interim final rule
will be accepted until April 27,1989.
EPA announces a request for applica-
tions for Superfund research regarding
the development of biodegradation
methods for wastes at Superfund Sites.
Applications must be received by
March 1,1989.
22
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
January 30,1989; 54 FR 4335
(notice)
January 30,1989; 54 FR 4286
(final rule)
January 30,1989; 54 FR 4302
(proposed rule)
February Federal Registers
February 1,1989; 54 FR 5081
(final rule)
February 3,1989; 54 £E 5500
(proposed rule)
This is a notice of proposed settlement
under CERCLA between EPA and
KEM Manufacturing for response costs
at Zenith Chemical Company in
Dalton, Georgia. Comments will be
received until March 1,1989.
This rule is a clarification of require-
ments of 40 CFR 270.62(d), permitting
hazardous waste incinerators. Existing
incinerators must conduct a trial burn
or submit other information before
receiving a permit. This rule is
effective March 1,1989.
EPA is proposing to delete the
New Castle Steel Site, New Castle,
Delaware from the NPL. An
additional two weeks of public
comment is allowed on the original
notice in the September 22, 1988
Federal Register. February 13,1989
ends the comment period.
EPA grants a final exclusion from the
lists of hazardous waste for waste
generated by VAW of America, Inc. in
St. Augustine, Florida, in response to
an earlier delisting petition.
EPA proposes to approve revisions to
Texas' State hazardous waste program.
Comments will be accepted until
March 6,1989.
23
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
February 3,1989; 54.
(final rule)
5451
February 6,1989; 54 FR 5746
(proposed rule)
February 6,1989; 54
(notice)
5673
February 7,1989; 54 FR 6038
(notice of proposed consent decree)
February 7,1989; 54 FR. 6039
(lodging of proposed consent decree)
EPA announces a modification to the
compliance date by which the
Attorney General must submit a
statement of validation of the UST
financial assurance mechanism to the
implementing agency. The
certifications from the Attorney
General must now be received by
July 24, 1989.
EPA proposes regulations to set
standards for the Disposal of Sewage
Sludge. These standards apply to
POTWs and privately owned
treatment works that generate or treat
domestic sewage sludge. Comments
will be received until August 7, 1989.
This notice announces agency
information collection activities under
OMB. These notices include
modifications to the RCRA
notification form and the Part A
application form to include the burden
box statement.
The Department of Justice (DOp is
giving notice of a proposed
consent decree filed in U.S. v.
Raymark Industries, et al. Comments
will be accepted until March 9, 1989.
The Department of Justice (DOp
announces the lodging of a
proposed consent decree pursuant to
CERCLA and RCRA in U.S. v.
Stauffer Chemk
-------
RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
February 8,1989; 54 FR 6153
(notice of extension)
February 9,1989; 54 FR 6290
(final rule)
February 10,1989; 54 FR 6396
(notice)
February 13,1989; 54 FR 6521
(final rule)
February 16,1989; 54 FR 7113
(notice)
February 16,1989; 54 FR 7093
(proposed rule)
February 16,1989; 54 FR 7063
(final rule)
February 17,1989; 54 ffi 7328
(final rule)
This notice announces the extension
of the HRS and NCP comment period
to March 23,1989.
EPA announces its intent to approve
North Carolina's hazardous waste
program revisions. Authorization
will be effective April 10,1989.
EPA has published a notice of
Alabama's compliance schedule to
assist Alabama in adopting hazardous
waste program modifications.
This final rule deletes the Presque Isle
Site from the NPL.
This notice announces the lodging of
proposed consent decree
pursuant to RCRA in U.S. v. Modern
Plating Corp. Comments will be
accepted until March 18,1989.
EPA announces a proposed Superfund
settlement pursuant to Section 122(h)
for response costs at the Middlesboro
Rehabilitation Center.
This final rule announces an
extension to the mandatory date for
use of the burden box statement on the
RCRA hazardous waste manifest
forms. The mandatory date is now
July 1,1989.
This final rule establishes guidelines
for Federal procurement of building
insulation products containing
recovered material.
25
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
February 17,1989; 54 FR 7212
(correction)
February 21,1989; 54 FR 7488
(lodging of proposed consent decree)
February 21,1989; 54 FR 7470
(proposed rule)
February 21,1989; 54 FR 7417
(final rule)
February 21,1989; 54 FR 7420
(final rule)
February 21,1989; 54 FR 7422
(final rule)
February 21,1989; 54 £R 7424
(final rule)
This is a correction to the proposed
wood preserving rule originally
published in the FR December 30,1988.
DOJ announces a lodging of a
proposed consent decree pursuant to
CERCLA Section 106 and Section 107
in the U.S. v. Adac, et al. civil action.
DOJ will accept comments until
March 23,1989.
EPA is proposing to settle a claim
under Section 107 of CERCLA for
response costs incurred at the DOW
Chemical Co. Site in Midland,
Michigan, Comments must be
received by March 23,1989.
The State of Utah is receiving final
authorization to implement RCRA
and certain HSWA provisions. The
effective date is March 7,1989.
EPA is approving Michigan's amend-
ments to its State hazardous waste
program for implementation. This
authorization is effective April 24,
1989.
EPA is approving Wisconsin's amend-
ments to its State hazardous waste
program for implementation. This
authorization is effective April 24,
1989.
EPA announces the deletion of the
Parramore Site from the NFL. This
is effective February 21,1989.
26
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
February 22,1989; 54 FR 7548
(final rule)
February 22,1989; 54 FR 7549
(final rule)
February 22,1989; 54 FR 7492
(notice)
February 23,1989; 54 FR 7893
(proposed rule)
February 27,1989; 54 FR 8264
(final rule)
February 27,1989; 54 FR 8190
(final rule)
February 28,1989; 54 FR 8393
(notice)
EPA announces the deletion of the
Copper Road Site from the NPL. This
rule is effective February 22,1989.
EPA announces the deletion of the
Krysowaty Farm Site from the NPL,
effective February 22,1989.
EPA announces the availability of the
final report "The Solid Waste
Dilemma: An Agenda for Action."
The report is available by calling the
RCRA Hotline.
DOJ is lodging a proposed consent
decree in U.S. v. Seafab Metal Corp.
DOJ will receive comments until
March 24,1989.
EPA is amending the schedule for
prohibiting hazardous waste from
land disposal by moving multi-source
leachate derived from hazardous
waste into the third-third land
disposal schedule.
EPA has issued final approval for
Missouri's revisions to the State
hazardous waste program.
This is a notice of a proposed settle-
ment pursuant to CERCLA Section
122(h) with Frank Redding at the
Linecrest Way Site, Decatur, Georgia.
Comments will be accepted until
March 30,1969.
27
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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
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 Homer, 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-510
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-342
Dale Ruhter, OS-320
Debbie Rutherford, OS-400
William Sanjour, OS-332
Pam Sbar, UE-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
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
28
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