y
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
/
SEP 26 1989
530R89108
MEMORANDUM
SUBJECT: Final Monthly Report—RCRA/Superfund Industry Assistance
Hotline and Emergency Planning and Community Right-To-
Know Information Hotline Report for June 1989
FROM: Thea McManus, Project Officej;
Office of Solid Waste
TO: See List of Addresses
This report is prepared and submitted in s\ipifort of Contract #68-01-7371.
I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES— IUNE 1989
A. RCRA
1. Appendix VITJ and Appendix IX
What is the difference between Appendix Vm and Appendix IX under RCRA?
When is each used?
The hazardous waste regulations (40 CFR) contain two lists of chemicals
which are sometimes confused: Appendix VIII of Part 261, and Appendix IX
of Part 264.
— Appendix VIII
Appendix VIII in 40 CFR Part 261 is EPA's list of RCRA hazardous
constituents. This list was first promulgated in the May 19, 1980 Federal
Register (45 FR 33130). The Appendix Vm list is comprised of chemicals
which have toxic, carcinogenic, mutagenic, or teratogenic effects on humans
or other life forms. Compounds which meet the criteria for 40 CFR
Sections 261.33(e) and (0 as identified in Sections 261.11(a)(l), (2), and (3) are
also included in Appendix VHL
RECEIVED
ENVIRONMENTAL PROTECTION AGENCv
LIBRARY, REGION V
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1. Appendix VIII and Appendix IX (Cont'd)
Appendix VIE is a composite of several other lists of regulated chemicals.
Appendix VIE includes chemicals from the priority pollutants list under the
Clean Water Act, chemicals considered hazardous to transport under
Department of Transportation, chemicals identified as carcinogens by EPA's
Carcinogen Assessment Group, and chemicals which have a high acute
toxicity as identified by NIOSH's Registry of Toxic Effects of Chemical
Substances list. Appendix VIII lists the chemical names in alphabetical
order, the Chemical Abstract Service (CAS) name and number, and the
RCRA hazardous waste code (where applicable). There are currently 416
chemicals or classes of chemicals on Appendix VIE.
The main purpose of Part 261, Appendix VIE is to identify the universe of
chemicals of concern under RCRA. Appendix VIII is used for two main
purposes. EPA uses Appendix VIE to determine if a waste contains
hazardous constituents and, therefore, should be considered for listing
under 40 CFR Section 261.11. (Appendix VEI however, should not be used
by a generator identifying hazardous wastes under Part 261, Subparts C and
D. Appendix VIE is much broader than the actual hazardous waste lists in
40 CFR sections 261.31-261.33.) Owners/operators of RCRA facilities use
Appendix VIE for hazardous waste analysis before incineration (Section
264.340).
EPA's original regulations for ground-water monitoring at permitted land
disposal facilities required owners and operators, under some circumstances,
to analyze samples of groundwater for all constituents listed on Appendix
VIII. The Agency soon discovered that compliance with this requirement
caused a wide range of practical analytical problems. These problems
included listings in Appendix VIE that covered broad categories (e.g.,
chlorinated naphthalene, not otherwise specified), listings of compounds
which decomposed in water, and listings for which no analytical standard
existed. To abate these groundwater monitoring problems, EPA
promulgated Appendix DC of Part 264, the Groundwater Monitoring List (see
52 FR 25112).
—Appendix IX
Part 264, Appendix DC was promulgated to replace Part 261, Appendix VIE
for groundwater monitoring for permitted facilities. Hence Part 264,
Appendix IX is the Groundwater Monitoring List. It is comprised of
compounds in the Part 261, Appendix VEI list for which it is feasible to
analyze in groundwater samples as well as a few compounds routinely
monitored under Superfund. Appendix IX lists the chemicals' common
name in alphabetical order, the CAS number, the CAS index name, the SW-
846 suggested test method, and the Practical Quantitation Limits (PQL's)
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1. Appendix VIII and Appendix IX (Cont'd)
which are the lowest concentrations of analytes in groundwater that can be
reliably determined within specified precision and accuracy limits using the
suggested method. Appendix IX of Part 264 currently contains 211 chemicals
and their associated test methods.
Under the July 9, 1987, rules (52 FR 25942), an owner/operator of a RCRA
facility will have certain Part 261 Appendix VIII hazardous constituents
specified in his permit for which he must determine background levels (40
CFR Section 264.98). If he determines that there is a statistically significant
increase over the background values specified in his permit at any
monitoring well, he must notify the Regional Administrator and
immediately sample the groundwater in all monitoring wells to determine
the presence and concentration of any Part 264, Appendix IX constituents.
Appendix IX is only used for groundwater monitoring. It is not used as
widely as Part 261, Appendix Vin (e.g. incineration, listing criteria). For
further discussion of Part 261, Appendix Vin and Part 264, Appendix IX and
their respective roles in the groundwater monitoring program under
RCRA, see Part 264, Subpart F and the July 9, 1987 Federal Register (52 FR
25942).
Source: Bob April (202) 382-7917
Research: Rene4 Bench (202) 382-3112
2. UST Clarification
An underground storage tank (UST) owner/operator has a compartmentalized
UST that contains more than one regulated substance. Each compartment has its
own feed line. Is this considered one UST or is each compartment considered an
UST?
A compartmentalized UST that contains more than one regulated substance
is considered one UST. The compartmentalized UST will have to meet all
the requirements for spill and overfill controls, release detection, corrosion
protection, and upgrading. For example, each compartment's fillpoint
would need to have a separate spill catchment basin and overfill prevention
equipment. If one compartment contains a hazardous substance, the
complete tank may need to be provided with secondary containment to
meet the compartment's need to comply with the release detection
requirements in Section 280.42(b)(l). Additionally, EPA considers a
compartmentalized tank to be one UST because the tank is constructed,
purchased, installed and maintained as one unit and therefore would have
to meet the same requirements.
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2. UST Clarification (Cont'd)
Source: Dave O'Brien (202) 382-7815
Research: Kara Levinson (202) 382-3000
B.CEPP
3. Section 313: Transfers to Off-Site Location Code: V.8.B
A facility owner/operator sends his waste to an incinerator for disposal. The
waste contains a toxic chemical and the facility owner/operator is reporting that
toxic chemical under Section 313 of Title IE. The incinerator uses a boiler system
to harness some of the heat produced by burning this waste. Since some of the
heat is being recovered, could the facility owner/operator classify his waste as
waste sent for recycling/recovery? Would they therefore exclude this waste from
the transfer of waste to off-site locations section of the Form R? Is there some
criteria which a waste to energy unit must conform to in order to be considered a
recycle/reuse operation (e.g. recovering 75% of the BTU value of the waste)?
If a facility owner/operator sends his waste-off site for reuse as fuel/fuel
blending, the waste can be considered sent for reprocessing or recycling.
Chemicals which are sent off-site for reprocessing or recycling do not need to
be accounted for as off-site transfers on the Form R. An incinerator is
considered a reprocessor of the toxic chemical if it is intended to harness the
energy derived from burning the toxic chemical to produce a useful supply
of energy (e.g.steam or electricity). EPA has no set percent recovery criteria
which a waste to energy unit must meet to be considered a recycle/reuse
operation under Section 313 of Title HI.
EPA would only consider the toxic chemical, sent to an incinerator/boiler, a
recycled/reused chemical if it actually supports combustion, like an organic
solvent could. If the incinerator needs to add fuel to the toxic chemical to
make it burn, such as might be necessary to incinerate a metal, the facility
could not consider that chemical reused as fuel.
Source: Larry Longenecker/OTS-ETD (202) 382-7971
Research: Jonathan Roland (202)382-3000
4. Section 311/312 Mixture Reporting
A facility owner/operator brings on-site two components that he blends into a
mixture for on-site use. Since the mixture is not distributed to commerce, the
facility owner/operator claims that Occupational Safety and Health
-------
4. Section 311/312 Mixture Reporting (Cont'd)
Administration (OSHA) does not require him to develop a new Material safety
Data Sheets (MSDS) for the mixture. Rather he simply uses the MSDSs for the
two components. When the facility owner/operator submitted his list under
Section 311, he reported on the mixture rather than on the components. If his
(Local Emergency Planning Committee (LEPC) requests a copy of the MSDS for
the mixture reported on his list, is the facility owner/operator required to
develop a MSDS for the mixture? Or, can he submit the copies of the MSDSs for
the components, since no new MSDS is required under OSHAs Hazard
Communication Standard (HCS)?
In satisfying the reporting obligations of Sections 311 and 312 and 40 CFR
Section 370.21 (material safety data sheet (MSDS) reporting) and Section
370.25 (inventory form reporting), the statute and the regulations allow an
owner or operator the option of reporting on the hazardous components in
the mixture or on the mixture as a whole (see Section 311(a)(3) and 40 CFR
Section 370.28). The statute and regulations require, however, that when an
owner or operator reports on the mixture as a whole, that he or she have
available an MSDS for that mixture. For example, under Section 311(c), the
statute requires that when an owner or operator of a facility submits a list of
chemicals to satisfy the reporting requirement of Section 311, he or she
submit the material safety data sheet for the chemicals on the list upon the
request of the local emergency planning committee. In addition, under
Section 312(d)(2)(A), a Tier n inventory form must provide "[t]he chemical
name or the common name or the common name of the chemical as
provided on the material safety data sheet." Thus EPA interprets the
statutory and regulatory provisions to allow reporting on mixtures for
which an owner or operator has available a material safety data sheet.
The Agency recognizes that OSHA does not require the preparation or
availability of MSDS for all mixtures an owner or operator may wish to
report as a mixture under Title in. Nevertheless, because of the statutory
and regulatory requirements of Title HI, the Agency is limiting the reporting
of mixtures, as a whole/ to only those mixtures for which the owner or
operator has available a MSDS, regardless of whether the preparation of
such an MSDS is required by OSHA. If no material safety data sheet exists
for a given mixture, the owner or operator should report the hazardous
components of the mixture under Section 311 and 40 CFR Section 370.21 so
that he or she is able to respond to a LEPC request for the MSDS of the
mixture under Section 311(c).
Source: Kathy Brody/CEPPO (202) 475-8353
Jennifer Courtney/OSHA (202) 523-8036
Kirsten Engel/OGC (202) 382-7706
Research: Anita Bartera (202) 382-3000
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5. Section 313: Exemption. Uses Code V.2.C
Question 124 of the 1989, Section 313 Question and Answer manual says that
painting of equipment is exempt from reporting under Section 313 because the
paint is intended to become part of the structure of the facility (40 CFR Section
372.38 (c)(l)). Would the same exemption apply to welding rods used to maintain
equipment and therefore be exempt as a structural component of the facility?
Does it matter if the equipment is not attached to the facility (e.g., a reactor) but is
mobile (e.g. baskets on wheels)?
Welding rods used to repair and maintain equipment would be exempt
from reporting under Section 313 because they are becoming a fixed part of
the facility's structure. In this way, they are similar to paint and unlike
some replaceable maintenance materials like oil or grease. The term
"facility" includes all buildings, equipment, structures and other stationary
items which are located on a single site or on contiguous or adjacent sites (40
CFR Section 372.2). The equipment referred to in the definition includes
both stationary and mobile equipment. Therefore, the structural
component exemption applies to the welding rods used to repair stationary
or mobile equipment.
Source: Sam Sasnett/OTS-ETD (202) 382-3821
Research: Jonathan Roland (202)382-3000
6. Section 313: Exemption, Uses Code: V.2.C
Question 124 of the 1989 Section 313 Question and Answer manual implies that
equipment can be exempt from reporting on a Form R as a structural component.
Question 126 states that the "structural component" exemption covers the small
amounts of abraded /corroded metals from pipes and other facility equipment.
Would this structural component exemption apply to equipment which
regularly suffers abrasion, such as grinding wheels and metal working tools?
What criteria can a facility use to decide which pieces of equipment are structural
components and which are not?
The structural component exemption would not apply to grinding wheels
and metal working tools. These items are intended to wear down and be
replaced because of the nature of their use in the production process. EPA
intended the structural component exemption from Section 313 to apply to
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6. Section 313: Exemption. Uses Code: V.2.C (Cont'd)
passive structures and equipment such as copper piping (53 FR 4506). The
abrasion/corrosion referred to in Question 126 includes normal or natural
degradation, such as that which may occur in pipes, but not active
degradation, such as that which occurs to a grinding wheel.
Source: Sam Sasnett/OTS-ETD (202) 382-3821
Research: Jonathan Roland (202)382-3000
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II. ACTIVITIES — TUNE 1989
1. The RCRA/Superfund Industry Assistance Hotline and Emergency Planning
and Community Right-to-Know Information Hotline responded to 19.703
questions and requests for documents in June. The breakdown is as follows:
Superfund UST CEPP
Information Calls 3,954
Call Document Requests 1,836
Written Document Requests 448
Referrals 841
828
253
629
140
8,432 = 13,843
1,578 = 3,807
261 = 709
503 = 1344
Totals
7,079
1,081
769 10,774 = 19,703
A. RCRA/Superfund Hotline Activities
1. On June 5, 12, 19 and 26, Joe Nixon, Senior Program Manager, attended the
OSWER Communications Meetings.
2. On June 13, Joe Nixon, Senior Program Manager, attended the OUST staff
meeting.
3. On June 23, Bruce Trauben, Hotline Information Specialist, attended the
Transportation and Hazardous Materials Subcommittee hearing on municipal
solid waste.
4. On June 26, Jan Wine, OSWER, briefed the Hotline on State Involvement in
the Superfund Program.
5. On June 30, Denise Sines, Hotline Project Director, and Joe Nixon, Senior
Program Manager, met with Thea McManus and Diane Bartosh, OSW,
regarding Hotline Projects.
B. Emergency Planning & Community Right-To-Know Information Hotline
Activities
6. On June 1, Robert Costa, of the Title in Hotline staff, gave a tour of the Hotline
to EPA Region VIII representatives, Diane Groh and Alvin Youle.
7. On June 1, Minda Sarmiento and Jon Roland, of the Title III Hotline staff,
attended the TRI Analysis subgroup meeting on the status of TRI data
activities.
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B. Emergency Planning & Community Right-To-Know Information Hotline
Activities (Cont'd)
8. On June 1, Minda Sarmiento and Robert Costa, of the Title HI Hotline staff, met
Lee Ann duFief/OTS and Laurie Solomon/CEPPO on the status of the Title IE
Hotline.
9. On June 5, Jim Buchert, of the Title HI Hotline staff, attended the conference
call with the Regional Preparedness staff on Title III preparedness and
prevention activities.
10. On June 6, Robert Costa and Minda Sarmiento, of the Title in Hotline staff,
attended the Title HI Workgroup meeting on the status of Title ffl activities.
11. On June 7, Sam Sasnett, Bob Israel and Eileen Fesco, of OTS, met with the
Title HI Hotline staff on the status of outstanding Section 313 interpretations
and issues.
12. On June 7, Robert Costa, Minda Sarmiento and Anita Bartera, of the Title in
Hotline staff, met with Lee Ann duFief/OTS on the status of the Title III
Hotline.
13. On June 7, 14, 21, and 28, the Title HI Hotline staff attended the Title HI
Outreach Subcommittee meeting on the status of the Title III
communications strategy.
14. On June 13, Jim Buchert, of the Title III Hotline staff, attended the
Preparedness Staff meeting on status of program office activities.
15. On June 14, Robert Israel and Eileen Fesco, of OTS, met with the Title HI
Hotline staff on the status of outstanding Section 313 interpretations and
issues.
16. On June 14, Jim Buchert, of the Title III Hotline staff, attended the Regional
Section 313 coordinators conference call on the status of Section 313 activities.
17. On June 14, Minda Sarmiento, of the Title III Hotline staff, attended a
conference call with the Regional Counsel on the status of Title III
enforcement and legal issues.
18. On June 14, 22, and 28 Minda Sarmiento, of the Title IH Hotline staff, met
with Lee Ann duFief, OTS, and Laurie Solomon, CEPPO, on the status of the
Title HI Hotline.
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B. Emergency Planning & Community Right-To-Know Information Hotline
Activities (Cont'd)
19. On June 15, Minda Sarmiento and Robert Costa, of the Title III Hotline staff,
met with Eileen Gibson, OTS, to discuss the Public meeting on Peak Releases
for Section 313.
20. On June 15, Minda Sarmiento, of the Title III Hotline staff, attended the
TRIMS staff meeting on the status of Section 313 activities.
21. On June 15, Anita Bartera, of the Title III Hotline staff, attended the
conference call with the Regional Preparedness Counsel on the status of Title
in enforcement and legal issues.
22. On June 19, Ken Mitchell, of the Title III Hotline staff, attended the press
briefing on the release of the TRI National Report and the TRI database.
23. On June 19, Jon Roland, of the Title HI Hotline staff, attended the Information
Transfer Subcommittee meeting on communicating information on the
Agency's accident prevention activities.
24. On June 19, 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.
25. On June 20, Jim Buchert and Minda Sarmiento, of the Title HI Hotline staff,
attended the Title III Workgroup meeting on the status of Title HI activities.
26. On June 21, Bob Israel, Larry Longanecker and Eileen Fesco, of OTS, met with
the Title III Hotline staff on the status of outstanding Section 313
interpretations and issues.
27. On June 23, Jon Roland, of the Title in Hotline staff, attended the Prevention
Workgroup meeting on the status of prevention activities.
28. On June 28, Dan Irvin, of the Title HI Hotline staff, attended the meeting on
the revision of the Emergency Response Guidebook held by the Department
of Transportation.
29. On June 28, Minda Sarmiento, of the Title HI Hotline staff, attended the TRI
Analysis Subgroup meeting on the status of TRI data activities.
30. On June 29, Rob Rule, of the Title IE Hotline staff, attended the NRT meeting
on the status of Federal Preparedness and Response Activities.
10
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B. Emergency Planning & Community Right-To-Know Information Hotline
Activities (Cont'd)
31. On June 29, Dan Irvin, of the Title III Hotline staff, attended the conference
call with Regional outreach coordinators to discuss the status of Title III
Outreach activities.
32. On June 29, Jim Buchert, of the Title ffl Hotline staff, attended the TRIMS staff
meeting on the status of Section 313 activities.
11
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I. ANALYSES OF QUESTIONS—June 1989
RCRA/Superfund Hotline
Grand Total = 8,929
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
7%
10%
20%
10%
18%
9%
Region 7
Region 8
Region 9
Region 10
International Calls
4%
5%
12%
5%
0%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
USTO/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 ka/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reporting
§262 International Shipments
§263 Transporters
6%
10%
2%
4%
0%
2%
3%
4%
2%
2%
8%
306
50
65
30
131
242
286
283
123
66
65
37
150
32
66
78
26
17
37
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
38%
7%
2%
1%
0%
1%
0%
0%
4%
3%
21
49
52
10
16
85
36
30
49
8
21
167
42
3
1 4
54
18
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/Rptg.
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
O Incinerators
P Thermal Treatment
Q Chem., Pnys., Bfol 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
114
24
6
1 0
4
50
48
1 7
31
74
24
3
4
23
10
40
4
0
130
71
3
33
42
24
12
12
10
15
7
45
24
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
3
1 4
124
53
54
221
0
39
15
1 4
9
1 2
38
2
9
1 5
81
1,836
5,790
1 9
1
58
68
1 7
24
9
4
1
140
769
13
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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
ARARs
CERCLJS
Citizen Suits
Clean-Up Costs
Clean-Up Standards
Community Relations
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Emergency Response
Enforcement
Exposure AssessVRisk Assess.
Federal Facilities
Fund Balancing
General
Grants
Hazardous Substances
Health/Toxics
HRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
Written Request Responses
Referred to EPA Prooram Offices
Referred to other Federal Agencies
Referred externally (state,
organizations, etc.)
Response Form Sent
Response Form Sent/FOIA
Form Letter Sent/Need More Info.
Requests Filled - RCRA
- CERCLA
-UST
SUBTOTAL
46
5
2
24
52
20
8
1 5
6
3
5
1
1 0
6
1 1
15
9
5
56
5
69
1 1
14
55
0
1
1
23
24
46
57
15
0
0
0
0
257
109
10
448
Off-Site Policy
On-Site Policy
osm
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
FD
SARA Interface
Settlements
SITE Program
State Participation
State Proaram
Taxes
Title lll/Riqht-to-Know
CERCLA Document Requests
CERCLA SUBTOTOAL
Referrals
Referrals - EPA HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC/ORD/Dockets
Other
SUBTOTAL
7
3
2
6
3
3
0
8
7
1 1
1 1
6
1 7
1 8
113
1
9
24
6
5
3
23
253
1,081
66
154
102
174
289
56
841
TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
8,929
14
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Emergency Planning Community Right-to-Know Information Hotline
Daily/Monthly Summary Report—June 1989
Total Calls: 8,432
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
iTotal Mfg. (%)
(Title III General
§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
8%
11%
16%
15%
23%
0%
3.30%
0.10%
1.70%
0.40%
1 .00%
1 .30%
2.40%
2.50%
16.30%
2.50%
4.00%
0.20%
2.00%
3.90%
10.10%
2.20%
6.80%
4.00%
0.60%
0.80%
0.60%
66.40%|
325
141
96
27
32
12
108
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 (%)
1,578
261
9%
4%
2%
10%
2%
1%
1.10%
2.70%
3.10%
12.70%
0.60%
0.50%
1 .00%
1.10%
0.10%
0.40%
1.20%
0.70%
1 .30%
0.50%
0.80%
0.10%
0.50%
1 .20%
0.02%
3.60%
0.01%
0.70%
3.50%|
14
16
4.80%l
15
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§31 1/6312
General
MSDS Reporting Requirements
Tier l/ll Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
ITotal (%)
333
95
160
207
21
22
40
61
10.20%l
S313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
ITotal (%)
2,601
1,899
819
378
8
14
673
25
370
6
73.50%l
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
91
2
9
132
30
45
194
503
[Total Document Requests:
1.5781
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
iTotal (%)
CEPP: Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
ITotal (%)
Trade Secrets
ITotal (%)
Enforcement
ITotal (%)
Liability
ITotal (%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQsvs.TPQs
CERCLAvs.S304
Transportation
Exemptions
ITotal (%)
1 1
2
5
19
0.40%|
1
16
34
19
3
6
0
7
188
3.00%)
34
0.40%l
100
1 . 1 0 %|
20
0.20%|
113
53
43
20
29
5
9
2.90%l
16
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IV. PUBLICATIONS — TUNE 1989
RCRA
The following documents are available through the RCRA/Superfund Hotline:
"Recycling Works! State and Local Solutions to Solid Waste Management
Problems." The order number is EPA/530-SW-89-014.
"Environmental Fact Sheet: Delisting Regulation Amendment." The order
number is EPA/530-SW-89-052.
"Environmental Fact Sheet: Land Disposal Restrictions for Second Third
Scheduled Wastes." The order number is EPA/530-SW-89-046.
"Analysis of US Municipal Waste Combustion Operating Practices," dated
May 18,1989.
"Guidance on Metals and Hydrogen Chloride Controls for Hazardous Waste
Incineration."
"Guidance on PIC controls for Hazardous Waste Incinerators."
"Draft Report on Waste Management Practices and Program Assessment on
Alaska's North Slope—Draft for Public Comment: June 1989," is available
from the Hotline.
"A Management Review of the Superfund Program," is available via the
Hotline.
"Guidance Manual for Hazardous Waste Incinerator Permits," is available from
NTIS. The order number is PB-84-100-577.
"RCRA Facility Investigation Guidance," Interim Final Guidance, (Vols. I-IV)
May 1989 is available from NTIS. The order number is PB-89-200-299.
"RCRA Inspection Manual," is available from the Government Institute at (301)
251-9250.
"Medical Waste Enforcement Strategy," OSWER Directive 9933.0 is available
through a FOIA request.
"Guidance on Setting Conditions and Reporting Trial Burn Results," is available
from ORD. The order number is EPA/625/6-89/019.
17
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RCRA (Cont'd)
"Volumetric Tank Testing: An Overview" is available from ORD at (513) 569-
7562. The order number is EPA/625/9-89/009. The full report, "Evaluation of
Volumetric Leak Detection Methods for Underground Fuel Storage Tanks," is
available from NTIS. The order number is PB-89-124-333 for Vol. 1 and PB-89-
124-341 for Vol 2.
"Environmental Processes and Effects Research/' is available from Ella King at
(202) 382-5940 and the order number is EPA/600/M-88/024.
"The Enforcement Strategy for the Land Disposal Restrictions," is available
through a FOIA request. The OSWER Directive Number is 9938.5.
"No Migration Variances to the Hazardous Waste Land Disposal Prohibitions: A
Guidance Manual for Petitioners," Interim Final Draft, May 1989, is available
from the EPA Regional offices.
"Hospital Waste Combustion Study," is available from NTIS. The order number
is PB-89-148-308.
"Report to Congress: Management of Hazardous Wastes from Educational
Institutions," is available from NTIS. The order number is PB-89-187-629.
"Solid Waste Dilemma: An Agenda for Action," is available from NTIS. The
order number is PB-89-187-637.
"Operation and Maintenance of Hospital Medical Waste Incinerators," is
available from NTIS. The order number is PB-89-190-615.
The following training documents for hospital incinerator operators are
available from NTIS:
—Vol 1: Student Handbook, order number PB-89-189-872;
—Vol 2: Presentations, order number PB-89-189-880, and
—Vol 3: Instructor's Handbook and Slides are available on a loan basis
from the Air Pollution Training Institute.
RCRA/CERCLA
The following Office of Health and Environmental Assessments documents are
available via the Hotline:
"Estimating Exposures from Dioxin (draft)."
18
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RCRA/CERCLA (Cont'd)
"Selection Criteria for Surface Water Models (draft)."
"Advisories for PCB Soil Cleanup Levels (final)."
"Documents Pertinent to New Government Programs for Managing
Hazardous Waste at Site Cleanups," December 1988, is available from ORD.
The order number is 600/M/88-025.
CERCLA
The following new OSWER Directives are available from the Superfund Docket:
"Control of Air Emissions from Superfund Air Strippers at Superfund
Groundwater Sites," Directive 9355.0-28.
"Superfund University Training Institutes—Request for Workshop
Attendees/'Directive 9285.9-03.
"Proposed Guidelines for the Cleanup of Clandestine Drug Laboratories,"
Directive 9360.5-00.
"Guidance for Conducting RI/FS's Under CERCLA," Interim Final, October 1988,
is now available from ORD. The order number is EPA/540/G-89/004.
"Model Statement of Work for a Remedial Investigation and Feasibility Study
Conducted by Potentially Responsible Parties," OSWER Directive 9835.8 is
available through a FOIA request.
"The SITE Program: Progress and Accomplishments. A Second Report to
Congress," March 1989, is available from the Public Information Center (PIC).
Updated version of "Superfund: Getting Into the Act," is available from PIC.
The order number is EPA/540/G-89/003a.
"Risk Assessment Guidance: Environment Evaluation Manual," is available
from the ORD. The order number is 540/1-89/001 A.
"1987 Superfund Annual Report to Congress," is available from PIC.
19
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CERCLA (Cont'd)
"Guidance on Landowner Liability under Section 107(a)(l) of CERCLA, De
Minimis Settlements under Section 122(g)(l)(b) of CERCLA, and Settlements
with Prospective Purchasers of Contaminated Property," is available from the
Hotline.
"Hazardous Waste Releases on Indian Land: Beginning the Superfund Process,"
is now available from the Superfund Docket. The order number is EPA/540/8-
89/001.
20
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES—TUNE 1989
Former Notices With Open Comment Period
February 6,1989 (54 FR 5746)
(proposed rule)
May 4,1989 (54 FR 19184)
(immediate final rule)
May 5,1989 (54 FR19435)
(notice of proposed
settlement)
May 5,1989 (54 FR 19526)
(proposed rule)
May 10,1989 (54 FR 20213)
(proposed consent decree)
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 intends to approve New York's
hazardous waste program revisions.
Comments were 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 were 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 were accepted
until July 5,1989.
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Richmond.
Fredericksburg and Potomac Railroad
Company. Comments were accepted until
June 11,1989.
21
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington IX Metro #202/382-3000
May 15,1989 (54 FR 20847) EPA intends to approve the Colorado
(immediate final rule) hazardous waste program revisions.
Comments were accepted until
June 14,1989.
May 15,1989 (54 FR 20851) EPA intends to codify the Minnesota
(notice of codification) authorized State program in 40 CFR Part 272.
The codification will be effective July 14,
1989. Comments were accepted until June 14,
1989.
May 22,1989 (54 FR 21953) EPA intends to approve Guam's
(notice) hazardous waste program revisions and thus
grant Guam final authorization. Comments
were accepted through June 21,1989.
May 24,1989 (54 FR 22455) This notice announces EPA's intent to
(notice of deletion from delete the Jibboom Junkyard site from
the NPL) the NPL and requests public comment
through June 23,1989.
May 25,1989 (54 FR 22637) This notice announced the lodging of a
(notice of proposed consent decree) proposed Department of Justice(DOp consent
decree pursuant to CERCLA in U.S. v. BASF
Wyandotte Corp.. et aL concerning the Liquid
Disposal Inc., site in Michigan. Comments
were accepted until June 24,1989.
May 25,1989 (54 FR 22638) This notice announces the lodging of a
(notice of proposed consent a proposed DOJ consent decree pursuant to
decree) CERCLA in U.S. v. Nicolet. Inc., concerning
the Ambler Asbestos Site in Pennsylvania.
Comments accepted until June 24, 1989.
May 26,1989 (54 Fg 22811) This notice announces the proposed
(notice announcing proposed administrative settlement for costs incurred
administrative settlement) by EPA at the Burns Hill Road Superfund
Site in Hudson, New Hampshire.
Comments were accepted through June 26,
1989.
22
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
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)
This notice announced the lodging of a
proposed partial DOJ consent decree
pursuant to CERCLA in U.S. v. A and
Materials Company at a facility in Greenup,
Illinois. Comments were accepted through
June 29,1989.
This notice announced the lodging of a
proposed consent decree pursuant to RCRA
in U.S. v. Allegan Metal Finishing Company
in Michigan. Comments were accepted until
June 29,1989.
This notice announced the lodging of
consent order pursuant to CERCLA in U.S. v.
Velsicol Chemical Corporation located in
Illinois. Comments were accepted until
June 29,1989.
Tune Federal Registers
June 6,1989 (54 FR 24310)
(notice)
June 8,1989 (54 FR 24603)
(notice)
This notice specifies the States participating
in the Medical Waste Tracking Program
(New York, New Jersey, Connecticut,
Louisiana, Rhode Island, District of
Columbia, and Puerto Rico). Two states (LA
and RI), the District of Columbia, and Puerto
Rico, opted into the program and have until
July 24, 1989, to come into compliance. The
comment period for the tracking program
was extended to June 22,1989.
This notice announces the lodging of a
proposed partial consent decree pursuant to
CERCLA in U.S. vs. Union Research Co.. Inc..
for a facility in Maine. Comments will be
accepted until July 8,1989.
23
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 9,1989 (54 FR 24766)
(correction)
June 9,1989 (54 FR 24767)
(notice)
June 9,1989 (54 FR 24767)
(notice)
June 9,1989 (54 FR 24769)
(notice)
June 12,1989 (54 ££ 25056)
(notice)
June 13,1989 (54 £S 25166)
(notice)
This notice announces a correction to the
notice of September 15, 1988 (53 FR 35925)
which announced a proposed partial consent
decree pursuant to CERCLA in U.S., et al. v.
Aerojet-General Corp.. et al.
This notice announces the lodging of a
consent decree pursuant to CERCLA in U.S.
v. American Standard, Inc.. et al.. in Fort
Smith, Arkansas. Comments will be
accepted until July 9,1989.
This notice announces the lodging of a
consent decree pursuant to CERCLA in
U.S. v. Atlantic Richfield Company for a
facility in Sand Springs, Oklahoma.
Comments will be accepted until July 9,1989.
This notice announces the lodging of a
consent decree pursuant to CERCLA in
U.S. v. Wausau Chemical Company, et al.for
the Wausau Groundwater Contamination
Site. Comments will be accepted until July 9,
1989.
This notice provides the Draft Guidance to
Hazardous Waste Generators on the
Elements of a Waste Minimization Program.
Comments on this draft will be accepted
until September 11,1989.
This notice announces the availability of
Characterization of Products Containing Lead
and Cadmium in Municipal Solid Waste in
the United States, 1970 to 2000.
24
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 14,1989 (54 FR 25302)
(proposed petition denial)
June 14,1989 (54 F£ 25416)
(final rule)
June 21,1989 (54 FR 26083)
(notice)
June 21,1989 (54 FR 26142)
(final rule)
June 22,1989 (54 £R 26198)
(final rule, correction)
June 22,1989 (54 FR 26265)
(notice)
EPA is proposing to deny a petition
submitted by Rock Island Refining
Corporation, Indianapolis, Indiana, to
exclude its filter press cake generated from
the treatment of K049, K050 and K051 wastes.
The Agency is requesting comments on the
proposed denial and on the applicability of
the organic leachate and fate and transport
models used to evaluate the petition.
Comments will be accepted until July 31,
1989.
EPA is promulgating rules implementing
Congressionally-mandated prohibitions on
the underground injection of solvent,
dioxin-containing and California list wastes
and also specific First, Second, and Third
Third Wastes.
This notice announces the availability of the
Report to Congress on the Management of
Hazardous Wastes from Educational
Institutions, required by Section 221 (f) of the
HSWA amendments.
This final rule, pursuant to Section 109(c) of
SARA, establishes procedures for citizen
awards for information on criminal
violations under Superfund.
This correction clarifies the standards
applicable to miscellaneous units under
Subpart X of part 264.
This notice announces the lodging of a
consent decree pursuant to CERCLA in
U.S. v. Allied-Signal. Inc. ? for a facility in
Baltimore, Maryland. Comments will be
accepted until July 22,1989.
25
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RCRA/Super-fund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 23,1989 (54 FR 26417)
(notice)
June 23,1989 (54 FR 26594)
final rule)
June 23,1989 (54 FR 26654)
(final rule)
June 26,1989 (54 FR 26838)
(notice)
June 27,1989 (54 FR 27114)
(final rule)
June 28,1989 (54 FR 27167)
(final rule)
June 28,1989 (54 FR 27169)
(correction)
This notice announces the availability of
five final toxicological profiles prepared by
ASTDR as mandated by CERCLA 104(i)(3).
This final rule implements the Second Third
phase of the land disposal restrictions program.
These wastes are restricted from land
disposal effective June 8,1989.
This rule adopts the OSHA worker
protection standards for hazardous waste
operations and emergency response (54 FR
9317) for employees of State and local
governments without approved State plans.
This notice announces a public meeting of
the Science Advisory Board's Environmental
Engineering Committee in Austin, Texas, on
July 13-14,1989. Topics to be covered include
pollution prevention and RCRA Subtitle C
and D issues.
This rule modifies Section 260.22(b) to ensure
the entire delisting program is consistent
with HSWA. Particularly, this language
requires the petitioner to analyze waste
mixtures as a whole.
EPA is granting a final exclusion from the
lists of hazardous wastes contained in 40 CFR
261.31 and 261.32 for specified wastes
generated by the EPA Combustion Research
Facility in Jefferson, Arkansas.
This notice corrects and clarifies the ruling
on April 24, 1989 on Minnesota's final
authorization for their State hazardous waste
program.
26
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
June 28,1989 (54 FR 27170)
(final rule)
June 28,1989 (54 FR 27219)
(notice)
June 28,1989 (54 FR 27208)
(proposed settlement)
June 30 1989 (54 FR 27644)
(notice)
EPA is granting final authorization to the
State of Ohio to operate the base RCRA
program. Final authorization is effective at
1:00 p.m. on June 30,1989.
This notice announces the lodging of a
consent decree pursuant to RCRA in U.S. v.
American Brass. Inc.jfor a facility in Headland,
Alabama. Comments will be accepted until
July 28,1989.
This notice announces a proposed
de minimis settlement pursuant to CERCLA
for the liabilities of three parties incurred for
response costs at the Wheeling Disposal Site
in Amazania, Missouri.
This notice publishes a compliance schedule
for Florida to modify its program in
accordance with Section 271.21 (g) to adopt the
necessary program modifications for
authority to regulate Radioactive Mixed
Waste.
27
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List of Addressees:
Devereaux Barnes, OS-330
Jim Berlow, OS-322
Frank Biros, OS-500
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, OS-300
Richard Qarizio, Region 5
Don day, OS-100
Steve Cochran, OS-333
Kathy Collier, RTF, NC
Elizabeth Cotsworth, OS-343
Rhonda Craig, OS-322
Hans Crump, OS-210
Gordon Davidson, OS-500
Elaine Davies, OS-100
Truett DeGeare, OS-301
Bob Dellinger, OS-301
Jeffery Denit, OS-300
LeeDuFief,TS-779
Carolyn Dunston, OS-312
Karen Ellenberger, OS400
Terry Feldman, A-108
Tim Fields, OS-210
Lisa Friedman, LE-132S
Myra Galbreath, OS-312
John Gilbert, EPA-Cinn., OH
Al Goodman, EPA-Portland, OR
Lloyd Guera, OS-500
Matt Hale, OS-340
Lynn Hansen, OS-305
Penny Hansen, OS-230
Bill Hanson, OS-220
Cheryl Hawkins, OS-200
Steve Hooper, OS-500
Irene Homer, WH-595
Barbara Hostage, OS-210
Hotline Staff
Bob Israel, TS-779
Alvin K. Joe, Jr., GRC
Garyjonesi, LE-134S
Jim Jowett, OS-210
Thad Juzczak, OS-100
Julie Klaas,OS-510
William Mine, OS-322
Bob Kievit, EPA-Olympia, WA
Robert Knox, OS-130
Mike Kosakowski, OS-510
Walter Kovalick, OS-200
Steven 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
MikePoe,TVA
Lawrencse 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
28
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