UNITED STATES ENVIRONMENTAL PROTI
                          WASHINGTON. D.C. 2046C
                                              530R89106
                                2 0 i9£
                                                               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 April 1989

FROM:      Thea McManus, Project Officer    '  , _^  _'•„-.'-' ^ •'••'" "x
            Office of Solid Waste
      This report is prepared and submitted in support of Contract #68-01-7371.

I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—APRIL 1989

 A.  RCRA

   1. Generator Standards Applicable To Transporters

   Are transporters considered generators when they mix wastes of different DOT
   descriptions?

      No.  Transporters who mix wastes of different DOT  descriptions are not
      considered generators of the waste, however, they must comply with 40 CFR
      Part 262,  "Standards Applicable to Generators of Hazardous Waste" (Section
      263.10(c)).  The transporter does take on some of the responsibilities  and
      duties of  a generator when he mixes wastes that are in his custody, including
      making sure the wastes remain properly manifested in  the manner required
      by Parts 262-263. When transporters combine similar wastes, this act does  not
      "generate" a new waste.  It might, however, necessitate a new manifest or an
      amendment  to the manifest when the act of mixing  wastes changes  the
      accuracy of the information  on  the manifest, by altering the container types
      and/or volumes contained or by changing the chemical or physical nature  of
      the waste, so that the DOT proper shipping name on the original manifest is
      no longer accurate. If a new manifest is necessary, previous manifests must
      be attached to, and conveyed with, the new manifest.

  Source:        Emily Roth  (202) 382-4777
  Research:      Joe Nixon   (202) 488-1487

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3. Generator Closure/Financial Requirements (Cont'd)

   Ninety-day generators who operate tank system accumulation units must
   also meet certain additional closure requirements. Tank system accumulation
   units must be  closed  in  compliance  with Sections 265.111, 265.114, and
   265.197(a) and (b), which call for the removal or decontamination at closure of
   all  waste  residues,  contaminated  containment  system  components,
   contaminated soils, and structures and equipment contaminated with waste.
   Furthermore, if  the generator demonstrates that all contaminated soils at the
   tank system  accumulation  unit  cannot  be  practicably  removed  or
   decontaminated at closure, then the generator must close the tank system and
   perform post-closure care in accordance with the closure and post-closure
   requirements that apply to landfills (see Section 265.310). Such a tank system
   is then  considered to be a landfill and the generator must comply with all of
   the  requirements for landfills specified in Subparts G and H of Part 265.
   Owners and operators of hazardous waste  management units  must  have
   post-closure care permits during the post-closure care period for any  units
   that  received  waste  after July  26,  1982,  or  certified  closure  after
   January 26, 1983. (See Section 270.l(c).)

Source:        Emily Roth              (202) 382-4777
Research:      Renee  Pannebaker        (202)382-3112
4. Emergency Power Generators

An emergency power generator  that is designed to run on fuel oil^  is actually
being  run on diesel fuel.   Does the underground storage  tank containing the
diesel fuel get the exemption  for a  "tank used  for  storing heating oil for
consumptive use on the premises where stored?" (40 CFR 280.12)

   Underground storage tanks used in the following situations are  exempt^
   from the UST regulations:

   1. The emergency power equipment is designed to run on fuel oil and fuel oil
      is always used.
   2. The emergency power equipment is designed to run on diesel fuel but fuel
      oil is always used.
     term "fuel oil" is being used here as a synonym for "heating oil" (the term used in the
definitions under 40 CFR 280.12).
^To meet the exclusion, the tank must always contain one of the seven technical grades of fuel oil, a
residual fuel oil, or another fuel used as a substitute for one of these fuel oils, or another fuel used as
a substitute for one of these fuel oils (see the definition of "Heating Oil" under 40 CFR 280.12).

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4. Emergency Power Generators (Cont'd)

   3. The emergency power equipment is designed to run on fuel oil but diesel
      fuel is used as a substitute.

   Underground storage tanks used in the following situation are only deferred
   from release detection (40 CFR 280.10(d)):

   1. The emergency  power equipment is designed to run on diesel fuel and
      diesel fuel is used.

Source:         Tom Schruben           (202) 382-5866
Research:       Kenneth Leigh Mitchell  (202)382-3112
5. Release Detection:  Annual Tank Tightness Testing Compliance Dates

An owner/operator of an underground storage tank (UST)  may  use  monthly
inventory control in combination with annual tank tightness testing to meet the
release detection  requirements of 40  CFR Part  280 Subpart D.   A phase-in
schedule for the release detection requirements  lists the compliance  dates in
Section 280.40(c).   If  an owner/operator installed his tank before 1965, his
compliance  date  from Section  280.40(c)  is  December 22, 1989.   If  this
owner/operator chooses to use monthly inventory controls with annual  tank
tightness testing, must the test be completed by December 22, 1989, or does the
owner/operator become subject to release detection on  December  22, 1989, and
have  one year to complete his annual test, completing the test by December 22,
1990?

   According to 40 CFR Section 280.40(c),  owners and  operators  of all  UST
   systems must comply with the release detection requirements of 40 CFR Part
   280, Subpart D by December 22 of the year indicated in the schedule for phase-
   in of release detection under Section 280.40(c).  Therefore, the owner/operator
   who installed his UST system before 1965 must complete his tank  tightness
   test before or on December 22, 1989, in  order to be in compliance with the
   phase-in schedule.   Accordingly, all owners/operators must complete  their
   first tank tightness test by the  year  indicated  in  Section 280.40(c).  The
   owner/operarator  of the tank  must  use  monthly  inventory  control in
   addition to the  tightness test, and he must start  the inventory controls on or
   before December  22, of the  year indicated in Section 280.40(c).The  tank
   tightness  test must  be  conducted in addition to using monthly inventory
   controls.

Source:        Tom Young             (202) 475-7261
Research:       Renee Pannebaker       (202)382-3112

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B. CERCLA

  6. OSHA Definition of Hazardous Substance

  The Occupational  Safety and Health Administration  (OSHA)  recently
  promulgated worker protection  standards for hazardous waste operations and
  emergency response as  required by  Section 126 of SARA.  Would workers  be
  covered by this rule when responding to emergency situations  involving
  petroleum products?

    The  OSHA rulemaking promulgated in the March 6, 1989 Federal Register
    (54 FR 9294) amended  existing worker protection standards for hazardous
    waste operations and emergency response  (29 CFR section 1910.120).  The final
    rule  established regulations governing the health and safety  of employees
    involved in the following activities: (1) clean-up operations at uncontrolled
    hazardous waste sites, both voluntary and those mandated by Federal, State,
    or other governmental agencies; (2) corrective actions at RCRA facilities;  (3)
    hazardous  waste  operations at  RCRA  treatment,  storage,  and disposal
    facilities; and (4) emergency response operations for actual or threatened
    releases of hazardous  substances.   OSHA defines  hazardous substance to
    include  "any substance listed by  the U. S. Department of Transportation as
    hazardous  materials  under 49 CFR section 172.101 and  appendices," which
    includes petroleum products  (see  29 CFR Section 1910.120 (a)(3)).  This is in
    contrast to the definition of hazardous  substance under CERCLA Section
    101(14), which specifically excludes  petroleum products.  In response to
    comments on this issue, OSHA stated that "Section 126 of SARA is directed to
    protecting workers from the  hazards  of all hazardous waste spills." (54  FR
    9301) OSHA went on to conclude:

             "...it is crucial to cover responses to petroleum spills as
             well as all  other spills because petroleum products
             constitute a  substantial threat to employees  responding
             to accidental releases  of  these substances.   Many
             petroleum products present  health hazards as  well as
             fire and  explosion  hazards. In addition  they  often
             contain fractions which  present  high  health hazards."
             (54 FR 9302)

    Thus, OSHA felt that the health and safety hazards created by petroleum spills
    warranted inclusion of these substances under this rule.

 Source:         Rod Turpin      (FTS) 340-6741
 Research:       Mary Beth Clary   (202)382-3112

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7. Permitting Requirements for State Superfund Actions

Removal or remedial  actions at Superfund sites  typically  involve  activities
which are regulated under other environmental laws.  For example, CERCLA
response activities might include the treatment and storage of RCRA hazardous
wastes, or other such activities requiring some type of environmental permit.
CERCLA section 121(e)(l) states, however, that 'fib Federal, State, or local permit
shall be required for the portion of any removal or remedial action conducted
entirely on-site, where such remedial action  is  selected and  carried out in
compliance with this section."   This permit waiver allows remedial actions to
proceed without  the  potential  delays  normally  involved in  obtaining
environmental permits; compliance with other "legally applicable...or relevant
and appropriate" requirements is nevertheless mandated under CERCLA section
121 (d).  If a State is performing a cleanup action under non-CERCLA authorities
(i.e., State "Superfund"  authorities), may  the State waive  the RCRA permitting
requirements for on-site hazardous waste activities?

   A  State's ability to  waive RCRA permitting requirements at State cleanup
   actions depends  upon whether or not  the State is authorized to  conduct the
   RCRA  program.  Authorized States may have permit waiver authorities
   within their statutes or regulations, and these could be used provided this
   occurs in  no less stringent a manner than allowed under Federal waiver
   authorities.  A State may have an  authority similar to RCRA Section 7003,
   which  allows response  actions to be undertaken (without permitting) in
   situations  of imminent and substantial endangerment  to human health and
   the environment.   An authorized  State may also have a  permit waiver
   authority similar to  that of CERCLA Section 121(e)(l),  where the "imminent
   and substantial"  test may not be required. In general, authorized States are
   prohibited from exercising  RCRA  permit  waivers in ways that are less
   stringent than the Federal program. (See  OSWER Policy Directive #9522.00-2,
   November 16, 1987.) A State  acting under non-CERCLA authorities may not
   use CERCLA Section 121(e)(l) to waive any requirements.

   Unauthorized  States do not have the  authority to waive RCRA permits, if
   these permits  are otherwise required.  The EPA  could possibly use RCRA
   Section  7003 authority  and  waive  the permit  requirements  for  a State
   Superfund cleanup  site,  provided a finding of imminent and  substantial
   endangerment is made. (See OSWER Directive #9522.00-2a, March 9, 1988.)

Source:        Mart Hale         (202) 382-4740
Research:       Ross Elliott        (202)382-3112

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B. CEPP

   8.  Section 313 Chemical List Issues:

   TSCA  does  not  regulate non-isolated  reaction  intermediates.  Do  these
   intermediates still  need to be considered for  threshold  determinations and
   release calculations for Section 313 of Title III?

      A facility owner/operator would need to consider the quantity of non-isolated
      reaction intermediates used at  the facility when calculating  thresholds and
      releases for  Section 313.   Certain rules promulgated under TSCA exempt
      these  chemicals for the sake  of manufacturers/processors who perform
      polymerizations and similar reactions which may involve many  steps and
      literally thousands of intermediate compounds.  However, Section 313 deals
      with a distinct group  of chemicals and the  rule implementing it does  not
      have the same exemptions as certain TSCA rules.

   Source:         Larry Longanecker/OTS-ETD   (202) 382-7971
   Research:       Jonathan Roland               (202)382-3112
   9. Section 313: Activities and Uses of the Chemical at the Facility

   The owner/operator of a multi-establishment facility with a Standard Industrial
   Classification (SIC) code of 2911 operates a petroleum bulk station and terminal
   (SIC code 5171).  The bulk station receives gasoline from  tanker trucks  hat come
   on-site to the facility and  store  the  gasoline in  tanks  on-site.   The  facility
   owner/operator  also loads other tanker trucks with gasoline that distribute the
   gasoline  to  service stations.  For purposes of Section 313 of SARA Title III
   reporting how would the facility owner,'operator classify the gasoline, i.e.,
   processed, otherwise used or neither?

     Since the  facility  owner/operator  further  distributes  the gasoline  in'-o
     commerce, for Section 313 or SARA Title III reporting requirements, he
     consider the gasoline as being processed.

   Source:         Larry Longanecker       (202) 382-7971
   Research:       Dan  Irvin               (202)382-3112

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10.  Section 313:  Solutions

Ammonium nitrate (solution) is  one of 304 listed toxic chemicals subject  to
SARA Section 313 reporting.   The solution qualifier means that ammonium
nitrate is only reportable as a  toxic chemical when it is in solution.  A facility
operator has powdered ammonium nitrate which he adds to a sodium chloride
solution.  Ammonium chloride and sodium nitrate are formed  when this is
done.   Also, some ammonium nitrate would be left unreacted.  When  the
ammonium nitrate is added to the solution, would the facility owner/operator
need to consider this as manufacturing ammonium nitrate (solution)?

   The amount  of  ammonium  nitrate  that  would   count  toward   a
   manufacturing threshold would be the portion left which did not react with
   the sodium chloride.   That is, only the amount of ammonium nitrate  left
   unreacted in the  solution  would  be counted  toward  the threshold  for
   manufacturing ammonium  nitrate (solution).

Source:       Bob Israel/OTS    (202)382-3716
Research:      Jim Buchert       (202)382-3112

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II. ACTIVITIES — APRIL 1989
   1.  The RCRA/Superfund Hotline and Emergency Planning and Community
     Right-to-Know Hotline responded to 18,240 questions and requests for
     documents in April. The breakdown is as follows:
                             RCRA    Superfund     UST
Information Calls
Call Document Requests
Written Document Requests
Referrals
5,228
1,060
294
700
1,348
57


1,010
940


5,030
1,010
1,196
367
=
=
=
=
12,616
3,067
1,490
1,067
   Totals                     7,282        1,405        1,950   7,603 =  18,240
A. RCRA/Superfund Hotline Activities

   2. On April 3, 10, 17, and 24, Joe Nixon, Hotline Section Chief, attended the
     OSWER Communications  Meetings.

   3. On April 4 and  18, Joe Nixon, Hotline Section Chief, attended the OUST staff
     meetings.

   4. On April 4, Denise Sines, Hotline Project Director, and Joe Nixon, Hotline
     Section Chief, met with Thea McManus, Terry Grogan, and Truett Degeare,
     OSW, regarding Subtitle D correspondence.

   5. On April 13, Dan Derkics, OSW, briefed the Hotline on the Bevill Waste
     Exclusion.

   6. On April 27, Debbie Doherty and  Kim Winslow, Hotline Information
     Specialists, attended the Oversight and Investigative House Subcommittee
     Hearing on groundwater monitoring at land disposal facilities.

3. Emergency Planning and Communi'  Right-to-Know Hotline

   7. On April 4, Robert Costa, of the Title III Hotline staff, attended the TRI
      Taskforce meeting on the status of the impending release of the TRI data.

   8. On April 4-6, Minda Sarmiento, of the Title III Hotline staff, attended a
      conference on estimating emissions for Section 313 sponsored by APCA that
      was held in King of Prussia, PA.

   9. On April 5,19, and 26, the Title III Hotline staff attended the Title III Outreach
      Subcommittee  meeting on the status of Title ni communications strategy.

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

   10. On April 5,13,19, and 26, Robert Costa of the Title HI Hotline met with Lee
      Ann duFief/OTS and Laurie Solomon/CEPPO on the status of the Title III
      Hotline.

   11. On April 5, Anita Bartera, of the Title III Hotline staff, attended the TRIMS
      staff meeting on the status of Section 313 activities.

   12. On April 6, Jon Roland, of the Title III Hotline staff, attended the Prevention
      Workgroup meeting on the  status of prevention activities.

   13. On April 10,  Jon Roland, of  the Title III  Hotline staff, attended the demon-
      stration of the Dun & Bradstreet database.

   14. On April 10,  Anita Bartera, of the Title III Hotline staff, attended the
      conference  call with the FEMA/EPA Regional Title III coordinators on the
      status of Title III activities.

   15. On April 11,  Dan In/in, of the Title III Hotline staff, attended the Title III
      Workgroup meeting on the  status of Title III activities.

   16. On April 11,  Jon Roland, of  the Title III  Hotline staff, attended the Chemical
      Safety Audit  subcommittee meeting on  the status of the audit program.

   17. On April 12,  Robert Costa, of the Title III Hotline staff, attended the press
      briefing on the release of the preliminary TRI data.

   18. On April 12,  Robert Costa, of the Title III Hotline staff, attended the
      conference  call with Regional Counsel on the status of Title III enforcement
      and legal issues.

   19. On April 18,  Minda Sarmiento and Robert Rule, of the Title III Hotline staff,
      attended  the  Preparedness Staff  meeting on the status of program office
      activities.

   20. On April 24,  Robert Costa and Dan Irvin, of the Title III Hotline staff, attended
      the Regional  Preparedness coordinators conference call on the status of
      Regional  Title III and preparedness activities.

   21. On April 25,  Ken Mitchell and Robert Costa, of the  Title III  Hotline staff,
      attended  the  Title III Workgroup meeting on the status of Title III activities.
                                       10

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

   22. On April 25, Robert Costa and Jon Roland, of the Title m Hotline staff,
      attended the first meeting of the InformationTransfer Subcommittee, which
      will explore methods to communicate information on the Agency's accident
      prevention activities.

   23. On April 27, Ken Mitchell and Minda Sarmiento, of the Title m Hotline staff,
      attended the conference call with Regional outreach coordinators to discuss
      the status of Title III outreach activities.

   24.  On April 27, Robert Costa and Robert Rule, of the Title III Hotline staff,
      attended the TRIMS  staff meeting on the status of Section 313 activities.
                                       11

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III.  ANALYSES OF  QUESTIONS—April 1989
                                                 Grand Total  = 10,637
                           RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
7%
10%
21%
1 1%
20%
9%
Region 7
Region 8
Region 9
Region 10
International Calls
4%
4%
10%
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
§26' Small Quantity Generators
§26i „ Recycling Standards
§261.7 Container Residues
§262 Generator-General
§262 100-1000 kg/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reporting
§262 International Shipments
§263 Transporters
5%
14%
1 %
5%
1 %
2%
4%
5%
2%
2%
10%

688
65
69
29
r "2
3 , 8
363
332
99
70
57
32
183
29
83
89
26
30
38
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 Rec.
§266 E Used Oil Burned for Energy
Recovery
§266F Precious Metal Reclamation
§266G Spent Lead— Acid Battery
Reclamation
Subtitle D: Municipal Solid Waste
Subtitle D: Other
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Medical/Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
31%
14%
3%
2%
1 %
1 %
16%
1%
2%
6%

1 3
52

55
1 1

1 3
1 75
61
92
50
1 3
21
1 35
50
3
32
1 05
123
                                       12

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RCRA-TSDF/264 and 265
A Scope/Applicability
B General Facility Standards
C Preparedness/Prevention
D Contingency Plans
E Manifest/Recordkeeping/Reportinc
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., Biol 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
155
1 9
6
9
3
63
73
49
30
54
27
5
6
33
1 2
37
5
2

251
94
2
44
68
29
23
22
30
1 9
30
57
1 8
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 Dor-iment Requests
SUBTOi.^L

§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

5
20
21 9
70
62
125
3
54
22
1 9
5
1 5
28
4
4
20
103
1 ,060
6,288

32

7
87
1 14
46
1 9
1 0
8
0
940
1 ,950

13

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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 Assess./Risk Assess.
Federal Facilities
Fund Balancing
General
Grants
Hazardous Substances
Health/Toxics
MRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
Written Request Responses
Referred to EPA Program Offices
Referred to other Federal Agencies
Referred externally (state,
organizations, etc.)
Response Form Sent
Response Form Sent/FOIA
27
5
3
32
42
3
1 1
1 5
8
8
4
6
7
4
1 1
1 4
1 4
8
100
5
68
1 4
1 7
35
0
2
4
27
24
157

26
3

54


Form Letter Sent/Need More Info.
Requests Filled - RCRA
-CERCLA
-UST
SUBTOTAL
166
30
15
294
Off-Site Policy
On-Site Policy
OSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
RD
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Right-to-Know
CERCLA Document Requests
CERCLA SUBTOTOAL
Referrals
Referrals - EPA HO
Other Hotlines
Regions
State
GPO/NTIS/PIC/ORD/Dockets
Other
SUBTOTAL
5
1
2
6
1 1
2
0
3
5
1 4
5
6
1 4
24
84
1
1 2
24
4
4
6
25
57
1,405

75
1 35
1 9
1 13
1 98
1 22
700

TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
1 0,637

14

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Emergency  Planning Community  Right-to-Know Information  Hotline
           Daily/Monthly  Summary  Report—April  1989
Total Calls: 5,030
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. (%)
9%
11%
19%
14%
20%
7%

2.50%
0.20%
1.00%
0.10%
0.70%
0.60%
1.30%
1.70%
13.30%
2.40%
3.00%
0.10%
1.50%
1 .90%
7.80%
1.00%
3.40%
2.00%
0.40%
3.20%
0.10%
49.10%

Title III General
539
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
1,010
1,196
7%
4%
3%
10%
3%
1%
3.10%
6.00%
5.00%
14.60%
1.00%
1.50%
1.00%
2.20%
0.30%
1.20%
2.90%
0.80%
2.30%
1 .00%
1.70%
0.40%
1.00%
0.50%
0.02%
3.80%
0.02%
1 .10%

Total (%)
8.40%
§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
96
52
42
1 2
154
Delisting EHS
Exemptions

iTotal (%)
25
1 0

6.70%
                               15

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§31 1/§312
General
MSDS Reporting Requirements
Tier ,/ll Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
[Total (%)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
iTotal (%)
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
512
138
297
419
52
64
59
155
28%|

1 ,590
396
389
158
0
22
205
22
105
6
4 5 %|

80
0
4
127
1 2
36
108
367

Total Document Requests:
1 , 0 1 0|
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
Total (%)
CEPP: Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
Total (%)
Trade Secrets
Total (%)
Enforcement
Total (%)
Liability
ITotal {%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQs vs. TPQs
CERCLA vs. §304
Transportation
Exemptions
Total (%)
6
6
3
26
1%|
2
1 6
22
38
1 6
1 3
7
3
213
5 %|
28
0.40%
34
0.50%
1 3
0.20%

91
43
57
21
35
1 3
22
5 %
16

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IV.  PUBLICATIONS—APRIL 1989

   RCRA

      The report entitled Policy Options for Stabilizing  Global Climate is available
      from the GPO.  The document number is 055-000-00282-7. The  executive
      summary is available from Chris Parker at (202) 479-1006.

      American  Wetlands;  Our Vital  Leak Between Land  and Water  is  available
      from the EPA Office of Public Affairs at (202) 382- 4361.

      EPA Manual for Waste  Minimization  Opportunity Assessment is available
      from ORD. The document number is 625-07-88-003.

      State Medical Waste Regulatory Summary Report for Medical Waste Tracking
      Act States  is available from the RCRA Docket.

      Characterization of Medical  Waste Generation and Treatment  Practices  in
      New York and New Jersey is available from the RCRA Docket.

      Four documents pertaining to Method 1312  referenced in the Monday,
      April 17, 1989 Federal Register are available from the RCRA Docket.

      A  technical background document which  supports the  proposed  rule  on
      TSDF Volatile  Organic Emissions (February 5, 1987 Federal Register) is
      available by contacting the U.S. EPA Library (MD-35), Research Triangle Park,
      North Carolina, 27711 at (919) 541-7777.

      Review of  Curbside Used  Oil Recycling  Programs  in  the United  States,
      referred to in the Used Oil Recycling Bulletin (November 1988) is available
      from Sarah Carney at (202) 382- 7932.

      Environmental  Backgrounders issued in  March 1989 included topics such as
      medical waste, asbestos, and global issues. These are available from the Office
      of Public Affairs from Gwen Brown at (202) 382-4355.

      The draft Land  Disposal Ban  Variance Petitioners Guidance  Document, dated
      April 1989, is available by referring callers to the  Regions or  by  writing to
      OSW.
                                      17

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  RCRA (Cont'd)

   The following RCRA documents are available through the RCRA/Superfund
   Hotline.

      Yard Waste  Composting:  A Study of Eight Programs.  The document number
      is EPA/530-SW-89-038.

      A pamphlet on the medical waste tracking regulations entitled Tracking
      Medical  Wastes. The order number is EPA/530-SW-89-020.

      Draft Solid  Waste  Dilemma; An  Agenda for Action   (EPA/530-SW-88-052) is
      no longer available. The final version is available; the order number is
      EPA/530-SW-89-019.  The final version is also available through NTIS. The
      order number is PB89-187637.

      Report  to Congress:  Management of Hazardous  Wastes from Educational
      Institutions; Executive Summary.  The order number is 530-SW-89-040A.

      Environmental  Fact Sheet:  Proposed Rule to Eliminate Most Mineral
      Processing Wastes from the Bevill Amendment.  The order  number is
      EPA/530-SW-89-041.
CERCLA

      Guidance on Use  and Enforcement  of Information  Requests and
      Administrative  Subpoenas  under CERCLA  Sections  104(e) and 122(e), is
      available from Alice Crowe at (202) 382-2845.

      Guidance on Section 106 Judicial Actions, Directive 9835.7, is available
      through a FOIA request.

      Hazardous  Waste  Releases on Indian Land; Beginning the Superfund Process
      is available from ORD. The order number is EPA/540/8-89/001.

      The OWPE document Guidance on Premium Payments  and CERCLA
      Settlements, dated November 17, 1988 is available through a FOIA request.

      Superfund Exposure Assessment  Manual,  dated April 1988, is available from
      the Public Information Center.

      Interim  Guidance  on  Administrative Records  for Selection of CERCLA
      Response Actions, dated March  1, 1989, OSWER Directive 9833.3A, is
      available from Debbie Lebow at (202) 475-8235.
                                      18

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CERCLA (Cont'd)

    The Draft Fact Sheet and Executive Summary on Acute Hazardous Events
    Data Base are available from the Emergency Planning and Community Right-
    to-Know Information Hotline.

    The document entitled Agency Operating Guidance, Fiscal Year 1990 consists
    of policy for all the Agency's offices. Callers interested in the OSWER Chapter
    should contact Steve Jones at (202) 382-4617. Callers interested in the entire
    document should call the Accountability Systems Branch at the Office of
    Management Systems and Evaluation at (202) 382-5439.
 The following documents are available from the CERCLA Docket at (202) 382-
 6940.

    Advancing the  Use of Treatment Technologies for Superfund  Remedies,
    Policy Directive 9355.0-26, was published January 25, 1989, and is available
    from the CERCLA Docket.

    Transmittal of FY 89 OERR  Strategic Management Planning Initiative, Policy
    Directive 9200.1-07.

    Ordering Information and Catalog Addendum OSWER Policy Directive
    9200.7-X Ol(abc).

    Guidance  on  Non-NPL  Removal Actions Involving  Nationally  Significant
    or  Precedent Setting Issues, OSWER Policy Directive  9360.0-19.

    Inauguration of  the OSC/RPM Program, OSWER Policy Directive 9285.9-01.

    Staff Responsibilities for Managing OERR Documents, Policy Directive
    9200.4-00(a).

    The First  Quarter FY 89 Health Effects Assessment Summary Tables is
    available from the CERCLA  Docket.

    RI/FS Improvements Follow-Up, OSWER Policy Directive 9355.3-05 is
    available from the CERCLA  Docket.

    Quality  Assurance Plan for Superfund,  OSWER Policy Directive 9200.1-05 is
    available from the CERCLA  Docket.
                                    19

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES —APRIL 1989
Former Notices With Open Comment Period
January 27,1989; 54 FR 4132
(final rule)
February 6, 1989; 54 FR 5746
(proposed rule)
March 13, 1989; 54 FR 10420
(notice)
March 24, 1989; 54 FR 12247
(proposed rule)
March 24, 1989; 54 FR 12326
(interim final rule)
This rule establishes administrative require-
ments for CERCLA funded cooperative
agreements, and Superfund State Contracts
necessary to implement cost recovery actions.
Comments  on this interim final rule were
accepted until April 27, 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.

EPA is announcing its proposed settlement
for response costs at the C.D. Buff Site in
Una, South Carolina.  EPA is also requesting
public comment on this  proposed settlement
until April  12, 1989.

EPA proposes to delete the Voortman Farm
Site from the NPL. Comments  accepted
until May 1, 1989.

This interim  final rule identifies medical
wastes as well as sets  forth the regulations
for  implementing the demonstration
tracking program under the Medical Waste
Tracking Act. This rule is effective June 22,
1989 through June 22, 1991. Comments will
be accepted until May  23,1989.
                                      20

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
March 27,1989; 54 FR 12495
(notice)
March 28, 1989; 54 FR 12659
(notice)
April Federal Registers

April 4, 1989; (54 FR 13559)
(notice)
April 6,1989; (54 FR 13898)
(notice)
April 6, 1989; (54 FR 14037)
(notice of availability)
April 7, 1989; (54 FR 14079)
(notice of compliance schedule)
April 7, 1989; (54 FR 14101)
(notice)
This notice announces the lodging of a
consent decree pursuant to CERCLA in
U.S. vs. Virginia Electric and Power
Company in Virginia and requests
comments until April 26, 1989.

This notice announces EPA's intent to
delete the Cecil Lindsey site, located in
Jackson County, Arkansas, from the NPL
and requests comment on this action until
May 3,1989.
This notice announces EPA's settlement for
response costs at the Zenith Chemical
Company Site in Dalton, Georgia, with John
Biddle and the Spartan Trading Co.
Comments will be accepted until May 4, 1989.

EPA has denied a petition submitted by the
Louisiana-Pacific ("L-P") Corporation.  The
petition requested the Agency modify the
rule that added the L-P Site in Oroville,
California, to the NPL.

This notice announces the availability  of five
of the  final versions of the first 25
toxicological profiles prepared by ATSDR.

EPA is publishing a compliance schedule for
the District of Columbia to modify its state
program.

EPA is proposing to deny a petition
submitted by Bethlehem Steel Corp. (BSC),
Lackawana, New York, for an exclusion of
certain solid wastes from the lists of
hazardous waste in 40 CFR 26131 and 261.32.
                                      21

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
April 11,1989; (54 FR 14390)
(notice of intent to transfer CBI)
April 11,1989; (54 FR 14395)
(notice of availability)
April 11, 1989; (54 FR 14395)
(extension of comment period)
April 12, 1989; (54 FR 14737)
April 12, 1989; (54 FR 14678)
(notice of proposed settlement)
April 13, 1989; (54 FR 14877)
(lodging of consent decree)
This notice announces EPA's intent to
transfer confidential business information
collected under 308 of CWA to contractors for
the purpose of developing hazardous waste
regulations under  RCRA.

This notice announces the availability of the
1988 listing of areas closed to the public, or
otherwise restricted in use due to toxic
substance contamination.  This report is
required of ATSDR by CERCLA 104(i)(l)(c).

This notice announces the extension of the
close of the comment  period f' -  each of the
25 draft lexicological profiles prepared by
ATSDR published  on December 20, 1988.
(53 FR 51192) This notice extends the date of
April 14, 1989, published on the  front of each
profile to May 15,1989.

This notice announces public hearings  and
workshops on the  proposed regulation Part
503—Standard - :or the Disposal  of Sewage
Sludge—propo-od in the February 6, 1989
Federal Register.  (54 FR 5746)

This notice announces the proposed
administrative  settlement at the Burns Hill
Road Superfund site in Hudson, New
Hampshire and requests comments until
May 12, 1989.

This notice makes a correction to the lodging
of a consent decree pursuant to  RCRA  in U.S.
vs. Modern  Plating Corp., which appeared in
the February 16, 1989, Federal Register. (54
FR7113)
                                       22

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                              RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
April 14,1989; (54 FR 14971)
(notice)
April 14,1989; (54 FR 15006)
(notice of OMB's extension)
April 17, 1989; (54 FR 15316)
(notice of proposal)
April 20, 1989; (54 FR 15935)
(notice of final exclusion)
April 20, 1989; (54 FR 15938)
(notice of final exclusion)
April 20. 1989; (54 FR 15940)
(notice of hearing date)
April 21, 1989; (54 FR 16171)
(proposed consent decree)
The notice announces EPA's proposal to
grant a petition submitted by the EPA
Combustion Research Facility (CRF) in
Jefferson, Arkansas to exclude the scrubber
water generated at its facility. Comments
will be accepted until May 30,1989.

This notice announces OMB's extension of
the expiration date of EPA Form 8700-12
(Notification of Hazardous Waste Activity)
to October 31,1991.

EPA is proposing to further define the scope
of the Bevill exclusion with respect to
mineral processing wastes.

EPA grants  final exclusion from the lists of
hazardous wastes contained in 40 CFR 261.31
and 261.32 for a specific waste generated by
Marquette Electronics, Incorporated,
Milwaukee, Wisconsin.

EPA grants  final exclusion from the lists of
hazardous wastes contained in 40 CFR 261.31
and 261.32 for specific wastes generated by
North  American Phillips Consumer
Electronics Corporation, Greenville,
Tennessee.

This notice schedules a hearing date for the
resumption  of the withdrawal proceedings
against North Carolina.

This notice announces a proposed Consent
Decree for a "De Minimis" settlement in
United States vs. Royal N. Hardage.
Comments accepted  until May 20, 1989.
                                       23

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
April 24,1989; (54 FR 16361)
(final authorization)
April 24,1989; (54 FR 16403)
(notice of availability)
April 24, 1989; (54 FR 16417)
(lodging of consent decree)
April 25, 1989; (54 FR 17706)
(notice)
EPA grants final authorization to Minnesota
to operate its expanded hazardous waste
program (includes some pre-HSWA some
HSWA  provisions).

This notice announces the availability of the
Workshop Report on EPA Guidelines for
Carcinogen Risk Assessment [EPA/625/3-
9/015].

This notice announces the lodging of a
consent decree pursuant to CERCLA in U.S.
vs. Chevron Chemical Co.

This notice announces Wisconsin's
Compliance Schedule to adopt RCRA
program modifications.
                                      24

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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 Da vies, OS-301
Truett DeGeare, OS-301
Bob Dellinger, OS-332
Jeffery Denit, OS-300
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 Hanson, OS-305
Penny Hansen, OS-230
Bill Hanson, OS-220
Cheryl Hawkins, OS-200
-teve Hooper, OS-500
Irene Horner, VVH-595
Barbara Hostage,  OS-210
Hotline Staff
Bob Krael, 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^t64
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, LE-134S
Mike Shannon, OS-310
Mike Shapiro, OS-210
Laurie Solomon, OS-210
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
                                         25

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