1«  *•  dP^ \         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
         -3   _, ^*,r-™ ^rf^SHINGTON, D.C .20460
                                                       530R89107
                                                                WASTE a so EUE^GE'jC •" RESPONSE
         MEMORANDUM

         SUBJECT:  Final Monthly Report— RCRA/Superfund Industry  Assistance
                    Hotline and Emergency Planning and Community Right-To-Know
                    Information Hotline Report for May 1989
                                                       \  Q M/ --
         FROM:     Thea McManus, Project Officei^TV  ^ \^
                    Office of Solid Waste          \r*

         TO:        See List of Addressees

               This report is prepared and submitted in support of Contract #68-01-7371.

         I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES— MAY 1989

         A. RCRA

            1. Medical Waste-Household Medical Waste

            According to Section 259.30(b)(l)(ii)  of the  Medical Waste Tracking regulations
            (54 FR 12374), household waste is not regulated as medical  waste.  Would this
            exemption apply to household waste generated  by health  care providers in
            private homes?

               Household waste, as defined in Subtitle  C regulations (40 CFR Section
               261. 4(b)), is excluded from the definition of medical waste in RCRA Section
               1004(40),  and is not subject  to the requirements  of  the  demonstration
               program.  The November 13, 1984 Federal Register (49 FR 44978) stated that
               the exclusion is limited to waste generated by individuals on the premises of
               a residence, for  individuals and  composed primarily of materials found in
               waste generated by consumers in their homes.  Thus, if domestic waste is
               generated by individuals at a  residence, it is  "household waste"  and thus
               excluded from this  program.  Medical  waste generated  in homes by home
               health care providers thus is "household  waste."  Because the household
               wastestream is  excluded, the waste generated by a health care provider in
               private homes  would  not be  subject to the  tracking or management
               requirements even  when  the  waste  is  removed  from  the home and
               transported to the physician's place of business.

            Source:        Becky Cuthbertson      (202) 475-6713
            Research:      Kim Jennings          (202)382-3112

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 2. Interim Status vs. Permit Modification for Newly Regulated Units

 An owner  or  operator of a fully permitted facility manages RCRA non-
 hazardous waste in several surface impoundments.    This waste will become
 subject to Subtitle C regulation if the Toxic Characteristic Leaching Procedure
 (TCLP) for waste identification becomes final and effective.

 a) Will the surface impoundments qualify  for interim status?  If  a permit
   modification is required, what modification class would be applicable?

   Newly regulated units at fully permitted facilities do not qualify for interim
   status.  Interim status is granted to facilities and not to individual units per
   Section 3005(e) of RCRA.  Instead, the permittee would follow the permit
   modification procedures in Section 270.42(g). First,  as of the time the TCLP
   rule becomes effective, the Class 1 permit modification process  must be
   followed for the permittee to continue managing the newly identified waste.
   Under these procedures,  the  permittee notifies EPA and the public.  Six
   months after the TCLP rule's effective date, the permittee must then apply for
   a Class 2 or 3 permit modification, depending on the modifications necessary,
   and follow the appropriate procedures.  Permittees  that have not previously
   managed the newly identified  waste  may  not use the  process  in Section
   270.42(g) and must complete the applicable permit modification procedure
   prior to treating, storing, or disposing of the waste.  (See 53 FR 37912, 37922.)

b) Section 3005(j)(6)(A) of RCRA states that surface impoundments that become
   subject to Subtitle C due to the promulgation of a new listing or characteristic
   for identifying a waste as hazardous will have four years from the date of
   such promulgation  to  meet  the retrofitting requirements under Section
   3004(o)  of  RCRA.   Does   this  provision  apply to  existing surface
   impoundments which become newly  regulated but  are not authorized to
   operate under interim status?

   Yes. EPA currently interprets Section 3005(j)(6)(A) as being applicable to units
   at  facilities requiring permit modification due to a new listing or characteristic
   for identifying a  waste as hazardous. Therefore, newly regulated units at fully
   permitted facilities will have four years from the date of promulgation of a
   new listing or characteristic to comply with the retrofitting requirements.

Source:        Wayne Roepe          (202) 382^740
Resource:      Debbie Doherty         (202) 382-3112

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B. SARA Title III

   3.  Section 313:  Article Exemption

   The operator of a facility processes metal sheets containing nickel at a facility by
   the following stepwise process:

    a) The sheets are cut into various shapes with a laser saw (the cutting process
      releases fumes containing nickel).

    b) The resulting pieces are further ground down to their final shape (grindings
      are produced in the process).

   In  both steps  of the  process, the shape or  form of the sheet is not  changed
   substantially.

   For an  article to retain its exemption during processing or use, the processing or
   use must result in a total release of less than 0.5 Ibs/yr of a toxic chemical.  The
   0.5 Ib/yr cut-off value applies to the aggregate releases from processing  or use of
   the same type of item and not to each individual item.  Does the 0.5 Ib/yr cut-off
   value apply to aggregate releases of the same type of item being processed or used
   in the same manner or, rather, to releases from all manners of processing or use
   of the same type of item at the facility?

      In general, the 0.5 Ib/yr release cut-off value applies to aggregate releases from
      the same type of item being processed or used in all manners at the facility. (If
      the  same type of item is  both  processed  and used at the facility, aggregate
      releases from processing and use  are counted towards one 0.5 Ib/yr cut-off
      value.) In other words, total releases of a toxic chemical from the same type of
      item at a facility are counted towards a single 0.5 Ib/yr cut-off value, regardless
      of whether the item is processed, used, or both.

      With respect to the above scenario, the 0.5 Ib/yr cut-off value applies to the
      total aggregate releases  of toxic chemical  from both steps of the  process.  In
      other words, the various shapes resulting from the laser cutting are "the same
      type of item" as the initial sheet.  Thus, any releases of toxic chemical  from
      further processing of these cut shapes  (e.g. grinding) must be added to the
      releases that resulted from laser cutting.

   Source:         Sam Sasnett                   (202) 382-3821
   Research:       Kenneth Leigh Mitchell, Ph.D.  (202)382-3112

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 4. Section 313: Releases to Water

 A facility owner or operator's NPDES permit lists not only the first stream into
 which they discharge their waste, but also the subsequent streams it will flow
 through.  The first three streams are listed on the permit as "unnamed creek."
 The fourth listed stream is the first with a name, Grove Creek. Since the facility
 does not  discharge directly into Grove Creek, what should they list in Section
 3.10 for receiving stream or water body on the Section 313 Form R?

   Since Grove Creek is  the first named receiving stream, it should be listed in
   Section 3.10 even though the waste is not directly discharged into it.

 Source:        Sam Sasnett      (202) 382-3821
 Research:      Anita Bartera      (202) 382-3112
5. Toxic Chemical List Issue

A facility operator  uses  welding  rods and other metal  alloys  containing
phosphorus above the de minimis concentration. Due to the volume of metal
used, they will exceed the processing threshold for phosphorus.  However, the
Material Safety Data Sheet (MSDS) does not indicate, and their supplier does not
know, if the metals contain phosphorus (white or yellow) or a red or black form
which would not be considered a listed toxic chemical. Must the facility assume
the phosphorus is a listed or a non-listed material?  How much  research is
required in order to find out?

   When  using an alloy containing  phosphorus, it is highly unlikely that it is
   elemental phosphorus in the alloy.  Usually, iron, copper or tin phosphides
   will exist. Since the qualifier yellow or white refers to elemental phosphorus,
   and elemental phosphorus is not found in alloys, the phosphorus in the alloy
   is not a listed toxic chemical.

Source:        Larry Longanecker (202) 382-7971
Research:       Anita Bartera      (202)382-3112
6.  Public Availability of Title III Documents

Section 324 of SARA Title III addressing the public availability of documents,
states  that  the emergency response plan, material safety data sheet or list
submission, Tier I/II, Form R and Section 304 written follow-up notice are to be
made available to the public by "the State  Emergency Response Commission
(SERC), or Local Emergency Planning Committee (LEPC), as appropriate,"

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 6. Public Availability of Title III Documents (Cont'd)

 (Section 324(a)).  Can this be interpreted to mean that the documents can be made
 available by the SERC or LEPC as long as all the mentioned documents are made
 available by one or the other?

   What Section 324(a) is  addressing by saying  the SERC or LEPC can make
   documents available as appropriate is the instance where a form may be
   submitted to one  and not the other. For example, the LEPC does not receive
   Section 313 Form R submissions. Therefore, it would not be appropriate for
   the LEPC to make Form Rs publicly available.

   Therefore, EPA has interpreted Section 324 to mean that both the SERC and
   LEPC  must  make publicly available all the above  documents  that  are
   submitted to  them.

 Source:        Kathy Bishop     (202) 382-7912
 Research:      Anita Bartera     (202) 382-3112
7. Section 313:  Multi-establishment Facility

A facility consists of many establishments and the operators have chosen to file
Section 313  reporting Form R by establishment  rather  than as a  facility.
Establishment #1 has a manufacturing process that  otherwise uses over 10,000
Ibs.  of a listed  toxic  chemical.  Establishment #1 sends its  wastewater to
Establishment #2 where  it is treated.   Establishment #2 just  treats the  toxic
chemical and does not use it anywhere else.  Since a Form R has to  be  filed
because of Establishment #l's activities, how is the operator of Establishment #2
to fill out the Form R, specifically Part III Section 3 for activities and uses at the
facility, and reflect the releases resulting from the waste treatment?

   Rather than not answering that section of the Form R, it is better to check the
   block 3.3c for otherwise use as an ancillary use.  The rest of the Form R can be
   filled out as if that second establishment had triggered reporting themselves,
   i.e., releases to the environment, waste treatment methods and efficiencies.  If
   any further questions were to arise about activities at Establishment #2, their
   required recordkeeping should indicate that the Form R is for treatment only
   and reflecting releases from the facility contributed by their establishment.

Source:         Sam Sasnett       (202) 382-3821
Research:       Anita Bartera     (202)382-3112

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 8. Emergency Planning Requirements

 A farmer contracts with an  applicator to spray pesticides on his fields.  The
 pesticides contain extremely hazardous substances (EHS). The  applicator drives a
 tank truck onto the farmers'  field and  sprays the pesticide from the truck onto
 the fields.  For purposes of Section 302 emergency planning requirements, are the
 EHSs in the truck considered present at the facility and reportable if above the
 threshold  planning quantity?  Or are they  covered by the transportation
 exemption?

   The transportation exemption  is  intended to  exempt  substances being
   transported in commerce and when stored incident to that transportation.
   The interpretation  of storage is limited to storage under active shipping
   papers. Once a transportation vehicle arrives at its intended destination, it is
   no  longer considered  in transportation.   If the substance  which  was
   transported to the site is not stored under active shipping papers, it is also not
   considered exempt. Thus, the  EHS in excess of a TPQ, even though still
   contained in a truck would be considered present at the facility and, as such be
   reportable. The owner or operator of the facility (in this case the farm fields)
   is required to report if  there are EHSs present at the facility  in amounts in
   excess of their threshold planning quantities. However, the required report is
   simply an identification of the facility and  a facility coordinator who can be
   contacted  for further  information,  to  the  local  emergency planning
   committee  (LEPC).  Thus, it is  anticipated (although  not required) that in
   making a report to the LEPC, the owner or operator of the facility at which the
   EHS is applied, would  indicate  that the  chemical is in  intermittent use at a
   variety of sites and briefly explain the periods of time and locations where
   this application takes place.  This will provide the LEPC  with the necessary
   information to determine the nature of the risk posed  by this facility or
   facilities, without placing an undue  burden on the owner or operator of the
   facility.

Source:        Kathleen Bishop   (202)382-7912
               Kirsten Engel     (202) 382-7706
Research:      Anita  Bartera     (202) 382-3112
9.  Establishment

An owner or operator of a petroleum facility sends hazardous waste containing
a Section 313 toxic chemical to a land  treatment facility by underground pipeline.
The land treatment facility  is owned and operated  by the same owner and
operator of the petroleum facility. The land  treatment facility is not adjacent or
contiguous to the petroleum  facility, but the petroleum facility maintains "right-
of-way" of the pipeline.

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9. Establishment (Cont'd)

For Part B permitting under RCRA, EPA considers the land treatment facility to
be on-site.  As per the RCRA Hotline, this does not necessarily mean that the
petroleum facility  and  the land treatment facility are  considered one.   For
purposes of reporting under Section 313, are the two facilities considered to be
one?

   Since the  land treatment facility is  not adjacent or contiguous to the
   petroleum  facility and they are connected only by  a pipeline which the
   petroleum  facility controls  right-of-way,  the  facilities  are considered  two
   separate facilities with the same owner/operator.

Source:        Sam Sasnett       (202) 382-3821
Research:       Minda Sarmiento  (202)382-3112
10.  Toxic Chemical List Issues: De Minimis

For purposes of Section 313 reporting, is Xylene (mixed isomers) CAS # 1330-20-7
a specified weight percent combination of m-Xylene, o-Xylene, and p-Xylene?
Does the mixture need to contain all three individual isomers or can it contain
any combination of two of the isomers? Also, for calculating the de minimis, for
Xylene (mixed isomers)  do you aggregate the isomers and  determine if  the
weight percent is less than one?

   Xylene (mixed isomers)  is an  unspecified mixture that could contain just two
   of the  individual isomers or all three.  The facility should use their best
   judgment in determining if they should report under the mixed isomers or
   the individual isomers.  If the facility knows more about the mixture, such as
   specific weight percents for each isomer, they could determine the thresholds
   separately and report  on each isomer.   However, if the facility manufactures,
   processes,  or otherwise uses the isomers  as  a  mixture,  it may  be more
   appropriate to determine  the threshold as a mixture, therefore, report as a
   mixture.

   To determine the de  minimis for  Xylene mixed  isomers, the one percent
   would  be applied to the aggregated isomers weight percent  in the mixture.
   For example:
                    Mixture 1:

                    m-Xylene                  30         0.30
                    o-Xylene                  30         0.30
                    p-Xylene                  30         0.30
                    Total  Xylene               90          0.90
                    Chemical Z                9910        99.1
                    Total  Mixture              10,000        100

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10.  Toxic Chemical List Issues: De Minimis (Cont'd)

   The total weight is less than one percent, therefore less than the de minimis
   and exempt.

Source:         Robert Israel      (202) 382-3716
Research:       Minda Sarmiento (202) 382-3112

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II. ACTIVITIES — MAY 1989

   1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-
     Know Hotline responded to 20,530 questions and requests for documents in May.
     The breakdown is as follows:

                             RCRA   Superfund    UST    CEPP
Information Calls 6,038
Call Document Requests 1,508
Written Document Requests 408
Referrals 1,038
923
174
1,545
1,254
5,761 = 14,267
1,147 = 4,083
274 = 682
460 = 1,498
   Totals                     8,992       1,097       2,799    7,642 = 20,530
  A. RCRA/Superfund Hotline Activities

   2. On May 5, Denise Sines, Hotline Project Director, and Chris Bryant, Hotline
     Section Chief, met with Diane Bartosh, OSW, concerning a Hotline project.

   3. On May 1, 8,15 and 22, Joe Nixon and Ross Elliott, Hotline Section Chiefs,
     attended the OSWER Communications Meetings.

   4. On May 12, Joe Nixon, Hotline Section  Chief, met with Sandy Siegross, OUST,
     to discuss Hotline Operations as they pertain to the UST Program.

   5. On May 12, Todd Glass, Hotline Information Specialist, met with
     representatives  from Technical Resource, Inc., to discuss operations
     concerning the SITE Program  at the Alternative Treatment Technology
     Information Center  (ATTIC).

   6. On May 24, James Lounsbury, WMD, briefed the Hotline on pollution
     prevention and waste minimization.

B. Emergency Planning and Community Right-to-Know Hotline

   7. On May 1-3, Robert Rule, of the Title III Hotline staff, attended the Section 313
       inspectors workshop held by OCM for its Regional personnel.

   8. On May 2, Dan Irvin, of the Title III Hotline staff, attended the meeting on the
       revision of the Emergency Response Guidebook held by the Department of
       Transportation.

   9. On May 2, Robert Costa, of  the Title III Hotline staff, participated in a panel to
       discuss  outstanding Section 313 issues at the OCM inspectors workshop.

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

   10.  On May 4, Jim Buchert, of the Title III Hotline staff, attended the conference
       call with the Regional Preparedness staff on Title III enforcement issues.

   11.  On May 8, Anita Bartera, of the Title III Hotline staff, attended the conference
       call with the FEMA/EPA Regional Title III coordinators on status of Title III
       activities.

   12.  On May 9, Robert Rule, of the Title III Hotline staff, attended the Title III
       Workgroup meeting on the status of Title III activities.

   13.  On May 9, Jim Buchert, of the Title III Hotline staff, attended the Chemical
       Safety Audit subcommittee meeting on the status of this audit program.

   14.  On May 9, Jon Roland, of the Title in Hotline staff, attended the Information
       Transfer Subcommittee meeting on  communicating information  on the
       Agency's accident prevention activities.

   15.  On May 10, Robert Rule, of the Title III Hotline  staff, attended the
       Congressional oversight hearing on  the Right-to-Know Pollution data which
       focused on the Section 313 data and  compliance levels.

   16.  On May 10, Anita Bartera, of the Title III  Hotline staff, attended the
       Congressional Committee on Public Works and Transportation hearing on
       national oil spill contingency planning and response capabilities.

   17.  On May 10, Minda Sarmiento, of the Title III Hotline staff, attended the
       conference call with Regional Counsel on the status of Title III enforcement
       and legal issues.

   18.  On May 10, 17, 24, and 31, the Title III Hotline staff, attended the Title III
       Outreach Subcommittee meetings on the status of Title III communications
       strategy.

   19.  On May 15, Jon Roland, of the Title III Hotline  staff, attended the Prevention
       Workgroup meeting on the status of prevention activities.

  20.  On May 16, Ken Mitchell and Robert Costa, of the Title III Hotline staff,
       attended the Preparedness Staff meeting  on status  of program office
       activities.

  21.  On May 17 and 23, Robert Costa, of the Title III Hotline, met with Lee Ann
      duFief (OTS) and Laurie Solomon (CEPPO) on  the status of the Title III
      Hotline.
                                      10

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

   22.  On May 17 and 24, Ken Mitchell and Jim Buchert, of the Title III Hotline staff,
       attended the Section 313 Interpretive Subgroup meetings on outstanding
       Section 313 issues.

   23.  On May 18, Robert Costa, of the Title HI Hotline staff, attended the TRIMS
       staff meeting on the status of Section 313 activities.

   24.  On May 22, Jon Roland, of the Title in Hotline staff, attended the Regional
       Preparedness coordinators conference call on the status of Regional Title III
       and preparedness activities.

   25.  On May 23, Ken Mitchell and Robert Costa, of the Title HI Hotline staff,
       attended the Title III Workgroup meeting on the status of Title III activities.

   26.  On May 24, Minda Sarmiento, of the Title III Hotline staff, attended the TRI
       Taskforce meeting on the status of the impending release of the TRI data.

   27.  On May 25, Sam Sasnett and Eileen Fesco, of the Office of Toxic Substances
       (OTS), met with the Title III Hotline staff on the status of outstanding Section
       313 interpretations and issues.

   28.  On May 31, Ken Mitchell, of the Title III Hotline staff, attended the  TRIMS
       staff meeting on the status of Section 313 activities.

   29.  On May 31, Sam Sasnett, Bob Israel and Eileen Fesco of OTS met with the
       Title III Hotline staff on the status of outstanding Section 313 interpretations
       and issues.

   30 On May 31, Robert Costa and Jon Roland, of the Title III Hotline staff,
       attended the Information Transfer  Subcommittee meeting regarding
       communicating information on the Agency's accident prevention  activities.
                                       11

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ANALYSES OF QUESTIONS—May 1989
                                           Grand  Total = 12,888
                       RCRA/Superfund  Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
6%
1 1%
18%
12%
17%
9%
Region 7
Region 8
Region 9
Region 10
International Calls
5%
5%
12%
5%
0%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
LIST 0/0
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 kg/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeepinq & Reporting
§262 International Shipments
§263 Transporters
5%
13%
1%
5%
1%
2%
2%
6%
2%
2%
1 6%

444
74
136
28
177
267
406
433
1 19
100
78
66
98
70
167
230
36
36
48
Consultants
Attorneys
Laboratories
Univ ./Researchers
Trade Associatons
Insurance Co.'s
Environmental Groups
Press
Citizens
Other

§266 C Use Constituting Disposal
§266 D HW Burned for Energy 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
20%
9%
3%
2%
0%
2%
1%
1%
4%
4%

30
1 0

9
80

1 5
0
290
126
82
23
56
66
50
1 1
49
130
24
                                  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
215
22
14
1 5
30
74
93
66
45
78
44
5
1 0
26
20
41
8
0

362
142
6
64
1 12
48
18
27
35
30
22
1 17
33
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

4
1 1
191
1 14
120
290
8
53
30
62
20
38
43
1 6
33
92
93
1.508
7,546

1 8

7
136
375
26
34
1 4
26
5
1,254
2,799

13

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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
ARARs
CERCLIS
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
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 Sent/FOIA
1 2
1
7
1 1
52
7
9
32
1
4
1
4
1 6
3
18
5
14
2
68
9
105
5
48
36
0
2
0
65
40
1 12

105
10

52

2
Form Letter Sent/Need More Info.
Requests Filled - RCRA
-CERCLA
-UST
SUBTOTAL
226
1 1
2
408
Off-Site Policy
On-Site Policy
03H4
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
PQ
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
20
4
2
2
23
3
0
3
7
1 8
28
0
56
21
37
4
20
23
5
2
4
1 7
174
1 ,097

108
129
109
280
412
0
1 ,038

TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
1 2,888

14

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Emergency  Planning  Community  Right-to-Know  Information  Hotline
           Daily/Monthly  Summary Report—May  1989
Total Calls: 5,761
Distribution of Calls by EPA Regions
Region 1
Region 2
Reqion 3
Region 4
Region 5
International
Manufacturers
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber & Wood
25 Furniture
26 Paper
27 Printina & 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
iTotal Mfa. (%)

[Title III General
§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
9%
10%
15%
13%
24%
0%

2.70%
0.10%
1 .00%
0.30%
0.80%
1 .00%
1.90%
2.30%
12.10%
2.20%
3.80%
0.30%
2.10%
2.70%
8.60%
2.10%
5.00%
2.80%
0.70%
0.50%
1.00%
54.00%|

467
155
89
36
44
1 8
151
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 (%)
1,147
274
7%
5%
3%
9%
2%
1%
2.40%
4.90%
7.00%
12.60%
1.00%
1.00%
0.70%
1 .70%
0.30%
0.60%
2.20%
1.00%
2.10%
2.30%
1.00%
0.10%
0.70%
0.70%
0.10%
3.90%
0.10%
0.80%

7.20 %|

13
9

8.00 %|
                               15

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§31 1/§31 2
General
MSDS Reporting Requirements
Tier l/ll Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
iTotal (%)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
ITotal (%)
Referrals
C6HA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
406
96
205
270
45
33
56
91
1 9 %|

1 ,882
614
416
99
4
7
295
18
103
4
5 3 %|

1 13
1
3
163
22
45
113
460

(Total Document Requests:
1 . 1 4 7|
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Traininq 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
Total (%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQsvs. TPQs
CERCLA vs. §304
Transportation
Exemptions
Total (%)
9
1
3
23
1 %|
2
1 4
27.
40
13
13
3
1 2
243
6%|
29
1.30 %|
65
1.00 %|
19
0.30 %|

72
63
58
31
64
9
1 7
5 %
16

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IV.  PUBLICATIONS—MAY 1989

 RCRA

   The following documents are available from the Cincinnati Warehouse via the
   RCRA/CERCLA Hotline:

      "Environmental Fact Sheet:  1985 National Biennial Report of Hazardous
      Waste Generators and TSDFs."  The order number is EPA/530- SW-89-033C.

      "Environmental Fact Sheet:  Changes  to Interim Status Facilities;
      Modifications to Hazardous Waste Permits: Procedures for Post-Closure
      Permitting." The order number is EPA/530-SW-89-028.

      "Environmental Fact Sheet:  No Land Disposal Standards Amendment." The
      order number is EPA/530-SW-89-044.

      March 7,1989 Federal Register (54 FR 9596), "Changes to Interim Status
      Facilities for Hazardous Waste Management; Modifications of Hazardous
      Waste Management Permits: Procedures for Post-Closure Permitting; Final
      Rule." The order number is OSW-FR-89-008.

      May 2,1989 Federal Register (54 FR 18836), "Land Disposal Restrictions; Final
      Rule." The order number is OSW-FR-89-010.

      "Report to Congress: Management of Hazardous Waste From Educational
      Institutions; Executive Summary." The order number is EPA/530-89- 040A.
      The full report is forthcoming from NTIS.

  The following documents are available from the National Technical
  Information Service  (NTIS) at (703) 487-4650:

      "1985 National Biennial Report of Hazardous Waste Generators and TSDFs,"
      Volume I, Order No. PB89-187645.  Volume II's Order No. is PB89-187652.

      "BOAT Background Document for K061." The Order No. is PB89-142384.

      "Design, Construction, and Evaluation of Clay Liners for Waste Management
      Facilities (Final)."  The Order No.  is PB89-181937.

      "Status Report Chemical Activities," Volume I Order No. is PB84-213958.
      Volume II's Order No. is PB84-213966.
                                    17

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RCRA (Cont'd)

 The following documents are available through the RCRA Docket at
 (202) 475-9327.

    Four Background Documents Supporting Test Method 1312 of the Mining
    Waste Proposed Rule of April 17, 1989:

    1) "Appendix (X + 3), Method 1312;"
    2) "Performance Testing of Method 1312 - QA Support for RCRA Testing;"
    3) "Quality Assurance Project Plan for Inter-Laboratory Comparison of TCLP,
       E.P. Toxicity (1310) and Method 1312 for Lead in Soil;" and
    4) "Inter-Laboratory Comparison of 1310,1311 and 1312 for Lead in Soil."

    "Introduction and Criteria for Special Waste." The order number is A-
    DISS00627.

    "List of Solid and Hazardous Waste Agencies" SW-393.

    "1986, 1987 Survey of Selected Firms in the Commercial Hazardous Waste
    Management Industry," is available from the Waste Policy Integration
    Division at (202) 382-2769.

    A guidance package on the disposal of expired pesticide 2,4,5- T/Silvex and
    the related appendixes are available from the 2,4,5- T/Silvex Hotline at (703)
    539-1970.

    "How to Set  Up a Local Recycling Used Oil Program," and three related
    brochures are available through requests to Sarah Carney (OS-301). The Order
    Nos. are EPA/530-SW-89-039/A-D.

    "Lust Trust Cooperative Agreement Guidelines," (OSWER # 9650.10) is
    available through the Office of Underground Storage Tanks  Docket.

    "Operational Guidance on Control Technology for New and Modified
    Municipal Waste Combustors," is available from Jim Dembocker at
    (202) 475-8980 or from the Regions.

    "Underground Tank Leak Insurance...Maximizing Your Coverage," is
    available from the Petroleum Marketers Association for $49.95, at
    1120 Vermont Avenue, N.W., Washington, D.C. 20005.

    "User's Guide to the Contract Laboratory Program," is available from Cheryl
    Shriver at (703) 684-5678.
                                    18

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CERCLA

 The following OSWER Policy Directives are available from the CERCLA Docket
 at (202) 382-6940:

     "Political Subdivision—Lead For Remedial Response" (OSWER # 9355-03)

     "Policy For Superfund Compliance with the RCRA Land Disposal
    Restrictions" (OSWER # 9347.1-02)

    "Procurement Under Preauthorization/Mixed Funding" (OSWER # 9225.1-
    01)

    "Results of FY88 Record of Decision Analysis" (OSWER # 9242.2-02)

 The following documents are available from the National Technical
 Information Service (NTIS) at (703) 487-4650:

    "A Compendium of Superfund Field Operation," Order No. PB88-181557.

    "CERCLIS: Site Location Extract," is available via yearly subscription only.
    The Order  No. is PB  88-914800.

    "Superfund Public Health Evaluation Manual,"  Order No. PB87-183125.

 The following documents are available from Martin Topper, Office of  External
 Affairs, at (202) 382-7063:

    "Agency Indian Communications Plan," March 31, 1989

    "Report of EPA Activities on Indian Lands for FY 1988"
 "CERCLA Getting Into the Act: Contracting and Subcontracting Opportunities in
 the Superfund Program," available from Barbara Jones (PM-214(F)).

    "Methods for Evaluating the Attainment of Cleanup Standards; Volume I:
    Soils and Solid Media," available from Pepi Lacayo at (202) 382-2714. Order
    No. EPA 230/02-89-042.
                                   19

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                               RCRA/Superfund Hotline
              National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES—MAY 1989
 Former Notices With Open Comment Period
   February 6,1989 (54 FR 5746)
   (proposed rule)
   March 24,1989 (54 FR 12247)
   (proposed rule)
   March 24,1989 (54 FR 12326)
   (interim final rule)
   March 28,1989 (54 FR 12659)
   (notice of intent to delete site)
   April 4,1989 (54 FR 13559)
   (notice of settlement for
   response costs)
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
accepted through August 7,1989.

EPA proposed to delete the  Voortman Farm
Site from the National Priorities List (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 becomes effective June 22,
1989 through June 22, 1991.  Comments on
the rule were accepted through May 23,1989.

This notice announced EPA's intent  to delete
the Cecil Lindsey site, located in Jackson
County, Arkansas, from the NPL and
requested comment on this  action until
May 3,1989.

This notice announced EPA's settlement for
response costs at the  Zenith Chemical
Company Site in Dalton, Georgia,  with John
Biddle and the Spartan Trading Company.
Comments  were accepted until May 4,1989.
                                     20

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
 April 7,1989 (54 FR 14101)
 (notice of proposal to deny
 a petition)
April 11,1989 (54 FR 14395)
(extension of comment period)
April 12,1989 (54 FR 14678)
(notice of proposed settlement)
April 14,1989 (54 FR 14971)
(notice of proposal to grant
a petition)
April 17,1989 (54 FR 15316)
(notice of proposal)
April 21, 1989 (54 FR 16171)
(proposed consent decree)
EPA proposed 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 Sections 261.31
and 261.32. Comments were accepted until
May 22,1989.

This notice announced the extension to the
close of the comment period for each of the
25 draft toxicological profiles prepared by
ATSDR published on December 20,1988.
 (53 FR 51192) This notice extended the date
of April 14, 1989, published on the front of
each profile to May 15,1989.

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

This notice announced 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
were accepted through May 30,1989.

EPA proposed to further define the
scope of the Bevill exclusion with respect to
mineral processing wastes. Comments were
accepted through May 31,1989.

This notice announced a proposed consent
decree for a "De Minimis" settlement  in
United States v. Royal N. Hardage.
Comments were accepted until May 20, 1989.
                                   21

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                              RCRA/Superfund Hotline
             National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
May Federal Registers

 May 1,1989 (54 FR 18503)
 (final rule)
 May 1,1989 (54 FR 18505)
 (final rule)
 May 2,1989 (54 FR 18836)
 (final rule)
 May 4,1989 (54 FR 19184)
 (immediate final rule)
 May 5,1989 (54 FR 19435)
 (notice of proposed
 settlement)
 May 5,1989 (54 FR 19526)
 (proposed rule)
EPA denies final exclusion from the lists of
hazardous wastes contained in 40 CFR
Sections 261.31 and 261.32 for specific wastes
generated by Brush Wellman Corporation,
Bedford, Ohio.

EPA denies final exclusion from the lists of
hazardous wastes contained in 40 CFR
Sections 261.31 and 261.32 for specific wastes
generated by Weirton Steel Corporation,
Weirton, West Virginia.

EPA is amending the "no land"  disposal
treatment standards for first third wastes
found in 40 CFR Section 268.43.  The "no
land" disposal standard will not apply to
non-wastewater forms of these wastes
disposed of before August 17,1988, or
generated in the course of treating
wastewater forms of the waste.

EPA intends to approve New York's
hazardous waste program revisions.
Comments will be accepted until June 5,
1989.

This notice proposes a settlement to a
claim by EPA against Technical  Ordnance,
Inc., pursuant to Section 122(i) of CERCLA.
Comments will be accepted until June 5,
1989.

EPA is proposing the eighth update to the
NPL. The update proposes to add 10 new
sites to the NPL. Comments will be accepted
until July 5, 1989.
                                    22

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
May 9,1989 (54 FR 19888)
(final rule)
May 10,1989 (54 FR 20213)
(proposed consent decree)
May 12,1989 (54 FR 20580)
(final rule)
May 15,1989 (54 FR 20847)
(immediate final rule)
May 15,1989 (54 FR 20849)
(notice)
May 15,1989 (54 FR 20851)
(notice of codification)
May 16,1989 (54 FR 21174)
(notice of interim final rule)
EPA is granting a final exclusion from the
lists of hazardous wastes contained in 40 CFR
Sections 261.31 and 261.32 for specified wastes
to be generated by CF and I Steel Corporation
in Pueblo, Colorado.

This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Richmond.
Fredericksburg and Potomac Railroad
Company.  Comments will be accepted until
June 11,1989.

EPA is granting a one-time exclusion for a
specific waste generated by Merck and
Company, Inc., in Elkton,  Virginia.

EPA intends to approve the Colorado
hazardous waste program revisions.
Comments will be accepted until June 14,
1989

This notice responds to comments received
on the final rule published March  16, 1989,
and affirms the Agency's decision to
authorize Kentucky's revised program.

EPA intends to codify the Minnesota
authorized State program in 40 CFR Part 272.
The codification will be effective July 14,
1989. Comments will be accepted until
June 14,1989.

EPA is promulgating an interim final rule
establishing procedures for the
administrative assessment of civil penalties
under Section 109 of CERCLA and Section
325 of the Emergency Planning and
Community Right-To-Know  Act.
                                   23

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
May 22,1989 (54 FR 21941)
(notice)
May 22,1989 (54 FR 21953)
(notice)
May 23,1989 (54 FR 22278)
(notice)
May 24,1989 (54 FR 22439)
(notice of correction)
May 24,1989 (54 FR 22524)
(notice)
May 24,1989 (54 FR 22455)
(notice of deletion from
the NPL)
May 24,1989 (54 FR 22488)
(notice)
EPA is granting final exclusions from the
lists of hazardous waste in 40 CFR Sections
261.31 and 261.32 for specified wastes to be
generated by Bethlehem Steel Corp., Steelton,
Pennsylvania, and Johnstown, Pennsylvania.

EPA intends to approve Guam's hazardous
waste program revisions and thus grant
Guam  final authorization. Comments will
be accepted until June 21,1989.

EPA is granting final authorization to
Wisconsin to operate its expanded hazardous
waste program under RCRA.

This notice corrects the date and location
previously announced in  the April 20, 1989
Federal Register (54 FR 15940) for the
proceedings to determine whether to
withdraw North Carolina's Hazardous
Waste  Program approval.

EPA adjusts the RQ for radionuclides
established under Section 102(b) and
administratively exempts from reporting
certain radionuclide releases.

This notice announces EPA's  intent to
delete the Jibboom Junkyard site from the
NPL and requests public  comment until
June 23, 1989.

ATSDR announces that cooperative agree-
ment and/or grant applications are to be
accepted to conduct pilot and epidemiologic
studies to determine the  relationship
between  human  exposure to hazardous
substances in the environment and adverse
health outcomes.
                                   24

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
May 25,1989 (54 FR 22637)
(notice of proposed consent
decree)
May 25,1989 (54 FR 22638)
(notice of proposed consent
decree)
May 26,1989 (54 FR 22809)
(notice)

May 26,1989 (54 FR 22811)
(notice announcing proposed
administrative  settlement)
May 30,1989 (54 FR 23174)
(final  rule)
May 30,1989 (54 FR 23018)
(notice announcing correction)
This notice announces the lodging of a
proposed Department of Justice (DOJ)
consent decree pursuant to CERCLA in U.S.
v. BASF Wyandotte Corp., et aU concerning
the Liquid Disposal Inc., site in Michigan.
Comments accepted until
June 24,1989.

This notice announces the lodging of a
a proposed DOJ consent decree pursuant to
CERCLA in U.S. v. Nicolet.  Inc.. concerning
the Ambler Asbestos Site in Pennsylvania.
Comments accepted until June  24, 1989.

This notice announces EPA information
collection activities under OMB review.

This notice announces the proposed
administrative settlement for costs incurred
by EPA at Burns Hill Road Superfund Site in
Hudson, New Hampshire.  Comments
accepted until June 26, 1989.

EPA promulgates a rule pursuant to Sections
107(a) and 122(h)(2) of CERCLA, which
establishes and governs the procedures for
EPA's arbitration of small cost  recovery
claims under Section 107(a) of CERCLA.

This notice announces a correction to the
proposed exclusion from the lists of
hazardous wastes in  Sections 261.31 and
261.32 that appeared  in the April 14,1989
Federal Register. (54 FR 14971)
                                   25

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                             RCRA/Superfund Hotline
            National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
May 30,1989 (54 FR 22951)
(notice announcing availa-
bility of funds for cooperative
agreements)
May 30,1989 (54 FR 22970)
(notice of proposed consent
decree)
May 30,1989 (54 FR 22971)
(notice of proposed consent
decree)
May 30,1989 (54 FR 22971)
(notice of proposed consent
decree)
May 31,1989 (54 FR 23212)
(notice of deletion  from NFL)
ATSDR announces the availability of FY 1989
funds for cooperative agreements with State
health agencies to perform health
assessments at sites listed on the NPL
excluding all Federal facilities.  This program
is authorized under  Section 104(i)(15) of
CERCLA.

This notice announces the lodging of a
proposed partial DOJ  consent decree
pursuant to CERCLA in U.S. v. A and F
Materials Company at a facility in Greenup,
Illinois. Comments  accepted until June 29,
1989.

This notice announces the lodging of a
proposed consent decree pursuant to RCRA
in U.S. v. Allegan Metal Finishing Company
in Michigan.  Comments  accepted until June
29,1989.

This notice announces the lodging of a
consent order pursuant to CERCLA in
U.S. v. Velsicol Chemical Corporation
located in Illinois. Comments accepted until
June 29,1989.

EPA deletes the Voortman  Farm Site in
Pennsylvania from the NPL.
                                   26

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 List of Addressees:
Devereaux Barnes, OS-330
Jim Berlow, OS-322
Frank Biros, OS-500
George Bonina, OS-310
John Bosky, EPA-Kansas City
Susan Bromm, OS-500
Karen Brown, PM-220
Diane Buxbaum, Region 2
Jon Cannon, OS-100
Jayne Carlin, Region 10
Fred Chanania, LE-132S
Richard Clarizio, Region 5
Steve Cochran, OS-332
Kathy Collier, RTF, NC
Elizabeth Cotsworth, OS-343
Rhonda Craig, OS-333
Hans Crump, OS-210
Gordon Davidson, OS-500
Elaine Da vies, OS-100
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 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-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, 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
Howard Wilson, PM-273
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
                                         27

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