I (M* 5 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I AXl/Z " WASHINGTON,^ 4rt
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1. Waste Identification of Discarded Thermometers (Cont'd)
managed as RCRA hazardous waste D009. Waste not subject to federal
regulations may be regulated under specific state requirements which are
more stringent.
Source: Ron Josephson (202) 475-6715
Research: Mary Beth Clary
2. Generator Satellite Accumulation/Counting Requirements
A generator accumulates hazardous waste in a satellite accumulation area
pursuant to 40 CFR Section 262.34(c) standards. The generator also generates
other RCRA hazardous waste elsewhere on-site. When determining
generator status, must a generator count the waste collecting in the satellite
accumulation area or count it once it enters the generator storage area?
To determine their generator status, generators must count all hazardous
waste generated at their facility in a calendar month. Wastes not included
in the monthly determination are identified in Section 261.5(c). These are
wastes either not subject to regulation or subject to only the notification
and reporting requirements in Sections 262.11, 262.12, 262.40(c) and 262.41.
Wastes stored in the satellite accumulation area are subject to certain
container standards (e.g., Sections 265.171, 265.172, and 265.173(a)). These
regulations are not among those listed in 261.5(c). Therefore, wastes in the
satellite accumulation must be included in the generator's monthly waste
quantity determination.
Source: Emily Roth (202) 382-4777
Research: Gwen Herron
3. Clarification of Electroplating Listings
The background document which supported the listing of F006 initially
included electroless plating within the scope of the definition of
electroplating. However, the December 2,1986 Federal Register (54 FR 43351)
clarified EPA's interpretation of the definition of electroplating as it pertained
to the F006 listing. The clarification stated that electroless plating was not
considered an electroplating process. Would electroless plating baths which
contain small concentrations of cyanide meet the F007 listing when disposed?
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3. Clarification of Electroplating Listings (cont'd)
No. Although the December 2, 1986, clarification was written specifically
for the F006 listing, the definition of electroplating may be applied
analogously to the F007, F008 and F009 listings. Therefore, plating bath
solutions from electroless plating operations will not meet the F007 listing
when disposed. The bath would be regulated, however, if it exhibited one
or more of the characteristics of hazardous waste.
Source: David Topping (202) 382-7737
Research: Kent Morey
4. Reinstallation of Previously Used Underground Storage Tanks
A manufacturer removes one of his underground storage tanks (USTs) which
stored diesel fuel in January of 1989. He subsequently uses this removed tank
to replace an existing tank which stores petroleum for trucks. Since both of
these tanks are located on the same facility and both were in existence on the
effective date of the UST technical regulations (December 22,1988), would the
replacement tank be required to meet all the new tank requirements (i.e.
notification, new tank performance standards, etc.)?
The EPA promulgated technical regulations for underground storage
tanks in the September 23, 1988 Federal Register. (53 FR 37082) These
regulations define a new tank system as "a tank system that will be used to
contain an accumulation of regulated substances and for which
installation has commenced after December 22, 1988". (53 FR 37196)
Although the initial installation of the diesel fuel tank in its first location
was completed prior to December 22, 1988, it was not the Agency's
intention to exempt this tank from meeting new tank requirements when
removed and subsequently reinstalled. Furthermore, in the June 4, 1986
Federal Register (51 FR 20418) which promulgated interim prohibition
regulations for USTs, the Agency explained, "EPA also interprets Section
9003(a) as applying to all new installations, including installation of
previously used tanks". (51 FR 20420) Therefore, the reinstalled UST
would be required to meet the new tank performance standards found
under 40 CFR Section 280.20.
Source: Tom Schruben (202)382-5866
Research: Jace S. Cuje"
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B. SARA Title III
5. Section 313: Notice of Noncompliance
The ownership of a manufacturing facility changed hands during the course
of the calendar year 1988. The new owner (who is also the new operator)
received a Notice of Noncompliance (NON) for a Form R that was submitted
by the previous owner/operator for the calendar year 1987. Since the current
owner/operator was not the last owner/operator in calendar year 1987, does
s/he have any responsibility for responding to the NON or retain any liability
if no response is made?
Both the current and previous owner/operator are responsible for
responding to the NON and both retain liability if no response is made. If
the current owner/operator has in their possession past records that
would allow them to respond to the NON, they should do so and address
the ownership change in an accompanying cover letter. This response
must be sent to the EPA Reporting Center.
If the current owner/operator does not possess past records, a response to
the NON must still be made by the current owner/operator and in the
following manner. The response must include a copy of the NON and an
accompanying cover letter explaining the ownership change, the lack of
past records, and an account of any attempts made to contact the previous
owner. The response to the NON must be sent not only to the EPA
Reporting Center but also to the EPA enforcement official that signed the
NON. Once this response and explanation is received by the EPA, it would
be unlikely that any further action would be taken against the current
owner/operator.
Source: Vincent Giordano/OECM (202) 475-8693
Research: Anita Bartera
Kenneth L. Mitchell, Ph.D.
6. Section 313: Threshold Determinations/Processing
A facility owner/operator begins a process in December 1988 by mixing a batch
of toxic chemicals into their product formulation. The mixture remains in
the vat until January 1989. At that time, the mixture is packaged into quart
containers and sent to their customers. For Section 313 threshold purposes,
are the toxic chemicals in the mixture considered processed in 1988 or 1989?
"Process" is defined as "the preparation of toxic chemical, after its
manufacture, for distribution in commerce." (40 CFR Section 372.3) The
Agency interprets the activity of processing to be reportable when the toxic
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6. Section 313: Threshold Determinations/Processing (Cont'd)
chemicals are initially prepared. Therefore, the amount of toxic chemicals
mixed in 1988 would be added to the processing threshold determination
for 1988 and any releases resulting from the mixing would need to be
accounted for on the Form R for 1988.
Source: Sam Sasnett/OTS (202) 382-3821
Research: Jim Buchert
7. Supplier Notification Requirements
The requirements for supplier notification for mixtures or trade name
products containing toxic chemicals is found in 40 CFR Section 372.45. The
requirements specify in Section 372.45(a) that supplier notification is required
for persons who meet the following criteria:
1. Is in SIC codes 20-39;
2. Manufactures (including imports) or processes a toxic chemical; and
3. Sells or otherwise distributes a mixture or trade name product containing
the toxic chemical.
When the second criteria says a "toxic chemical," does this refer to the toxic
chemical being distributed or to any toxic chemical which is manufactured or
processed at the facility? For example, a person processes benzene at their
facility and also distributes a mixture containing xylene which they buy from
another facility. The xylene is simply redistributed, not processed, by the
facility. Is a supplier notification required for the mixture which contains
xylene because the facility processed benzene?
When the second criteria says a "toxic chemical," it is referring to the toxic
chemical in the mixture which is being distributed from the facility.
Therefore, a facility owner/operator would not be responsible for
preparing a supplier notification for a mixture which contains a toxic
chemical which they did not manufacture or process. The requirement for
developing a supplier notification for a mixture is ultimately the
responsibility of the facility which processed or manufactured the toxic
chemical in the mixture.
Source: Sam Sasnett/OTS (202) 382-3821
Research: Jim Buchert
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8. Penalty Procedures
Under SARA Title III are there any provisions for penalties levied against
violators of SARA Title in to be distributed to States and localities?
SARA Title HI specifies that violators of the Act are liable to the United
States, and therefore, fines levied under the Act are payable to the U. S.
Treasury. At present, EPA does not have any provisions for distributing
these penalties to States and localities.
Source: Jeff Heimerman/OWPE (202) 475-7166
Research: Rob Rule
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n. ACTIVITIES — AUGUST 1989
1. The RCRA/Superfund Hotline and Emergency Planning and Community
Right-to-Know Hotline responded to 12.121 questions and requests for
documents in August. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Calls 2,636
Call Document Requests 1,424
Written Document Requests 440
Referrals 713
951
377
619
108
3,728 = 7,934
700 = 2,609
137 = 577
288 = 1.001
Totals 5,213 1,328 727 4,853 = 12,121
A. RCRA/Superfund Hotline Activities
2. On August 7,14, 21 and 28, Joe Nixon, Senior Program Manager, attended
the OSWER Communications Meetings.
3. On August 10, Margaret Schneider, OSW, briefed the Hotline on the Delay
of Closure Rule.
4. On August 16, Denise Sines, Regional Manager and Renee" Bench, Hotline
Section Chief, met with Thea McManus, Project Officer, to discuss Hotline
operations.
5. On August 23 and 24, John Ferris and Jim Styers, Hotline Information
Specialists, briefed the Hotline on the EPA Workshop on Waste
Minimization that they attended on August 3 and 4 in Newark, New
Jersey.
6. On August 25, Denise Sines, Regional Manager, met with Hubert Watters,
Deputy Project Officer, to discuss Hotline operations.
7. On August 25, Bob Hall, OSW, briefed the Hotline on the Final Rule to
eliminate most mineral processing wastes from the Bevill Amendment.
8. On August 29, Deborah Doherty, Hotline Section Chief, attended the 1990
Section 3016 Inventory Workgroup Meeting.
9. On August 30, Joe Nixon, Senior Program Manager, met with Jim O'Leary,
Director of the Office of Program Management and Support, regarding
Transition Papers that the RCRA Hotline prepared.
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B. Emergency Planning & Community Right-to-Know Information Hotline
Activities
10. On August 1 and 15, Jim Buchert, of the Title III Hotline staff, attended the
Title HI Workgroup meetings on the status of Title HI activities.
11. On August 2, Minda Sarmiento and Anita Bartera, of the Title III Hotline
staff, met with Lee Ann duFief, OTS, and Laurie Solomon, CEPPO, on the
status of the Title ffl Hotline.
12. On August 2,16, 23,and 30, the Title HI Hotline staff attended the Title HI
Outreach Subcommittee meetings on the status of the Title ffl
communication strategy.
13. On August 8, Ming Tan, of the Title ffl Hotline staff, attended the
Preparedness Staff meeting on the status of program office activities.
14. On August 8-11, the Title ffl Hotline staff attended the Regional Section
313 coordinators annual meeting on the status of Section 313 activities.
15. On August 9, Minda Sarmiento and Anita Bartera, of the Title ffl Hotline
staff, met with Laurie Solomon, CEPPO, on the status of the Title HI
Hotline.
16. On August 9, Rob Rule, of the Title HI Hotline staff, attended the
conference call with Regional counsel on the status of Title HI
enforcement and legal issues.
17. On August 14, Jon Roland, of the Title ffl Hotline staff, attended the
conference call with the Regional Preparedness Staff on Title III
preparedness and prevention activities.
18. On August 16, Anita Bartera, of the Title ffl Hotline staff, met with Lee
Ann duFief, OTS on the status of the Title ffl Hotline.
19. On August 22, Ken Mitchell, of the Title ffl Hotline staff, attended the
Preparedness Staff meeting on the status of program office activities.
20. On August 23, Anita Bartera, of the Title ffl Hotline staff, met with Laurie
Solomon, CEPPO on the status of the Title ffl Hotline.
21. On August 23, Jim Buchert, of the Title ffl Hotline staff, attended the
distribution workgroup meeting on the status of program office
document distribution activities.
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B. Emergency Planning & Community Right-to-Know Information Hotline
Activities (Cont'd)
22. On August 23, Jon Roland, of the Title HI Hotline staff, attended the
Prevention Workgroup meeting on the status of prevention activities.
23. On August 25, Anita Bartera, of the Title m Hotline staff, met with Lee
Ann duFief, OTS, regarding the status of the Title IH Hotline.
24. On August 28, Ken Mitchell, of the Title m Hotline staff, attended the TRI
Database User's Training Course on how to access and use the Section 313
TRI database.
25. On August 28, Rob Rule, of the Title HI Hotline staff, attended the
conference call with EPA/FEMA Regional Title III coordinators on the
status of Title III activities.
26. On August 29, Dan Irvin, of the Title HI Hotline staff, attended the
Regional Section 313 coordinators conference call on the status of Section
313 activities.
26. On August 31, Dan Irvin, of the Title HI Hotline staff, attended the NRT
meeting on the status of Federal preparedness and response activities.
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ill. ANALYSES OF QUESTIONS—August 1989
RCRA/Superfund Hotline
Grand Total = 7,268
Summary of Calls by EPA Region
Reqion 1
Reqion 2
Reqion 3
Reqion 4
Reqion 5
Reqion 6
6%
12%
20%
10%
15%
9%
Reqion 7
Reqion 8
Reqion 9
Reqion 10
International Calls
4%
5%
13%
4%
0%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Aqencies
State Agencies
Ijocal Agencies
Used Oil Handlers
USTO/O
RCRA
General Information
§3010 Notification
§260.10 Definitions
§260.22 Pelitions/Delistinq
§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 Recyclinq Standards
§261 .7 Container Residues
§262 Generator-General
§262 100-1000 kq/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reportinq
§262 International Shipments
§263 Transporters
7%
13%
2%
7%
1%
2%
0%
2%
2%
2%
6%
314
49
74
18
120
221
324
229
128
58
68
35
90
32
46
79
19
16
32
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%
17%
3%
1%
0%
1%
0%
1%
7%
2%
6
38
40
13
17
59
61
74
36
14
29
113
67
29
26
72
18
10
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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
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 Uoaradinq
§280.22 Notification
§280 C General Operating Reg.
§280 D Release Detection
§280 E Release Rpt. & Investigation
92
20
10
9
21
34
62
16
27
61
7
6
8
14
12
17
1
12
113
81
4
31
42
23
20
5
1 1
21
5
25
8
R Underground Injection
X Miscellaneous
§268 General
§268 Solvent & Dioxins
§268 California List Wastes
§268 Schedled Thirds
§269 Air Emissions Standards
§270 A General
§270 B Permit Application
§270 D Changes to Permits
§270 F Special Permits
§270 G Interim Status/LOIS
§271 State Programs
§124 Administrative Procedures
DOT Requirements
OSHA Requirements/HW Training
Test Methods/HW Technologies
RCRA 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
1 6
188
46
59
112
6
27
35
20
12
22
22
4
12
38
136
136
1,424
4,060
30
1 1
68
61
27
15
15
10
2
108
727
11
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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
ARARs
CERCUS
Citizen Suits
Clean-Up Costs
Clean-Up Standards
Community Relations
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Emergency Response
Enforcement
Exposure AssessJRisk Assess.
Federal Facilities
Fund Balancing
General
Grants
Hazardous Substances
Health/Toxics
MRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
Written Request Responses
Referred to EPA Program Offices
Referred to other Federal Agencies
Referred externally (state,
organizations, etc.)
Response Form Sent
Response Form Sent/FOIA
Form Letter Sent/Need More Info.
Requests Filled - RCRA
- CERCLA
-UST
SUBTOTAL
68
3
9
45
64
5
6
12
4
8
3
7
9
7
9
18
1 1
4
31
1
46
16
12
54
15
7
24
17
28
62
16
0
25
0
0
0
382
12
5
440
Off-Site Policy
On-Site Policy
CSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
TO
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
3
5
2
4
1 0
3
1
10
5
1 6
10
1 1
25
13
154
6
17
1 9
4
5
2
45
377
1,328
28
128
129
158
238
32
71 3
TOTAL CALLS, DOCUMENT
REQUESTS and REFERRALS
7.268
12
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Emergency Planning Community Right-to-Know Information Hotline
Dally/Monthly Summary Report—August 1989
Total Calls: 3,728
Distribution of Calls by EPA Regions
Region 1
Reqion 2
Reqion 3
Region 4
Reqion 5
International
Manufacturers
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber & Wood
25 Furniture
26 Paper
27 Printing & Publishing
28 Chemicals
29 Petroleum & Coal
30 Rubber and Plastics
31 Leather
32 Stone, Clay & Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (Excluding Electrical
36 Electrical & Electronic Equipmer
37 Transportation Equipment
38 Instruments
39 Misc. Manufacturinq
Not Able to Determine
(Total Mfg. (%)
(Title III General
_§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
7%
13%
20%
14%
18%
0%
2.00%
0.00%
1.60%
0.20%
0.60%
0.40%
0.70%
2.40%
11.60%
2.10%
2.60%
0.20%
1.10%
2.10%
4.50%
1 .80%
1.10%
2.90%
0.90%
0.90%
0.80%
45.90%l
339
96
32
11
23
3
57
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
(Total (%)
700
137
8%
4%
3%
10%
2%
1%
2.50%
4.50%
6.50%
17.80%
1.30%
1.20%
1.60%
1.80%
0.40%
0.80%
3.40%
0.60%
2.60%
1.00%
1.00%
0.20%
1.40%
1.70%
0.03%
7.10%
0.03%
1.80%
10.00%l
10
7
7.00%!
13
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§31 1/5312
General
MSDS Reporting Requirements
Tier I/I I Requlations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
ITotal (%)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
ITotal (%)
Referrals
CSH4
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
Total Referrals
253
86
103
309
1 8
1 2
23
37
24.70%l
668
266
121
222
2
0
112
1 1
146
6
45.50%l
60
3
8
0
23
36
158
288
ITotal Document Requests:
700!
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
(Total (%)
CEPP: Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
(Total (%)
Trade Secrets
(Total (%)
Enforcement
[Total (%)
Liability
(Total (%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQsvs.TPQs
CERCLA vs. §304
Transportation
Exemptions
iTotal (%)
5
2
2
16
7.00%
10
7
14
6
1
4
0
112
4.50%
12
0.40%
25
0.70%
4
0.10%
102
30
56
9
27
3
14
7.00%
14
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IV. PUBLICATIONS—AUGUST, 1989
RCRA
The document entitled "Classification of Etiologic Agents on the basis of
Hazard, 4th Edition" is available from the RCRA Docket at (202) 475- 9327.
The OSWER Directive No. 9939.0, entitled "Guidance on RCRA Overfiling" is
available via a FOIA request.
The "Hospital Incinerator Field Inspection and Source Evaluation Manual" is
available from the EPA Air Research Office at Research Triangle Park, North
Carolina, (919) 541-5426. The order number is EPA/340/01-89/001.
The document entitled "Summary of Potential Risks from Hospital Waste
Incineration: Pathogens in Air and Emission Residues, April 89," is available
from EPA's Office of Research and Development at (513) 569-7562.
The following documents are available from the Hotline:
"Pollution Prevention for Metal Manufacturing Processes." The order
number is EPA/530-SW-89-056.
"Environmental Fact Sheet: Delay of Closure Period for Hazardous Waste
Facilities." The order number is EPA/530-SW-89-007.
"General Protocol for Multi-media Environmental Audits at Federal
Facilities."
"RCRA Orientation Manual." The order number is EPA/530-SW-86-001.
The following documents area available from the National Technical
Information Service (NTIS) at (703) 487-4650:
"Commercial Treatment/Recovery TSDR Survey Data Set." The order
number is PB89-220-545.
"Background Document for Second Third Wastes to Support 40 CFR Part
268 LDR—Final Rule, Volume I." The order number is PB89-220-552.
15
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RCRA (Cont'd)
"Background Document for Second Third Wastes to Support 40 CFR Part
268 LDR Final Rule, Volume II." The order number is PB89-220-560.
"An Analysis of US Municipal Waste Combustion Operating Practices."
The order number is PB89-220-578.
CERCLA
The document "Analysis of Human Health Risks of Recreational Exposure to
Toxic Pollutants in Surface Waters near NPL Sites" is available from the
CERCLA Docket at (202) 382-3046.
The "Lifecycle Guidance Handbook" is available by calling Dan Yurman at
OSWER's Office of Information Management at (202) 475-6754.
"Superfund Emergency Removal Actions: A Summary of Federally Funded
Removals—Volume 3," is available from the Public Information Center at
(202) 382-2080.
"Draft Guidance on Preparing Superfund Decision Documents" (OSWER
Directive No. 9355.3-02) is now available from EPA's Office of Research and
Development at (513) 569-7562. The order number is EPA/540/G-89/007.
"Hazardous Waste Issues Surrounding Insurance Availability," dated October
1987 is available from the General Accounting Office (GAO) by calling (202)
275-6241 or writing GAO, P.O. Box 6015, Gaithersburg, MD 20877. The order
number is GAO/RCED-88-2.
"National Functional Guidelines for Data Review" is available by calling
EPA's Sample Management Office at (703) 684-5678.
The following documents are available from the Hotline:
"Guidance on Federal Superfund Liens"
"Scope of the CERCLA Petroleum Exclusion Under Sections 101(14) and
104(a)(2)."
16
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CERCLA (Cont'd)
"Transmittal of Guidance on Use and Enforcement of CERCLA
Information Requests and Administrative Subpoenas for CERCLA
Sections 104(e) and 122(e)(3)(B)."
"Guidance to State Officials on Assurance of Hazardous Waste Capacity."
The following documents are available from NTIS at (703) 487-4650:
"Guidance Document for Cleanup of Surface Tanks and Drum Sites"
(OSWER Directive No. 9380.0-03). The order number is PB87-110-672.
"Superfund Remedial Design and Remedial Action Guidance" (OSWER
Directive No. 9355.0-04A). The order number is PB88-187-529.
The following OSWER Directives regarding CERCLA Wastes and the land
disposal restrictions are available from the Public Information Center (PIC) at
(202) 382-2080:
OSWER Directive No. 9347.3-02FS
"Complying with the California List Restrictions Under Land Disposal
Restrictions."
OSWER Directive No. 9347.3-03FS
'Treatment Standards and Minimum Technology Requirements Under
Land Disposal Restrictions."
OSWER Directive No. 9347.3-04FS
"Complying with the Hammer Restrictions Under Land Disposal
Restrictions."
OSWER Directive No. 9347.3-05FS
"Determining When Land Disposal Restrictions are Applicable to
CERCLA Response Actions."
OSWER Directive No. 9347.3-06FS
"Obtaining a Soil and Debris Treatability Variance for Remedial Actions."
17
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RCRA/CERCLA
The document "Health Effects of Land Treatment Microbiologicals" is
available from NTIS at (703)487-4650. The order number is PB82-253- 949.
The following documents are available from EPA's Office of Research and
Development at (513) 569-7562:
"Reductions of Enteric Microorganisms During Aerobic Sludge Digestion:
Comparison of Conventional and Autoheated Digesters." The order
number is EPA/600/52-88/072.
"Pathogen Risk Assessments Feasibility Studies." The order number is
EPA/600/6-88/003.
"Development of a Qualitative Pathogen Risk Assessment Methodology
for Municipal Sludge Landfilling." The order number is EPA/600/6-
88/006.
"Development of a Qualitative Pathogen Risk Assessment Methodology
for Ocean Disposal of Municipal Sludge." The order number is
EPA/600/6-88/010.
18
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES—AUGUST 1989
Former Notices With Open Comment Period
February 6,1989 (54 FR 5746)
(proposed rule)
June 12,1989 (54 FR 25056)
(notice)
July 11,1989 (54 FR 29306)
(notice)
July 13,1989 (54 FR 29557)
(final rule)
July 14,1989 (54 FR 29820)
(proposed rule)
EPA proposes regulations to set standards
for the Disposal of Sewage Sludge. These
standards apply to publicly owned
treatment works (POTWs) and privately
owned treatment works that generate or
treat domestic sewage sludge. Comments
were accepted through August 7,1989.
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.
EPA is clarifying certain aspects of the pro-
posed scope of the CERCLA exemption for
federally permitted releases under Section
302. Comments were accepted until
August 10,1989.
This immediate final rule approves
Indiana's State hazardous waste program
revisions, which include closure, post-
closure, and financial responsibility
requirements. Comments were accepted
through August 14,1989.
EPA proposes to add 52 Federal facility
sites to the National Priorities List in the
ninth update. Comments must be
submitted by September 12,1989.
19
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
July 19,1989 (54 FR 30228)
(proposed rule)
July 20,1989 (54 FR 30406)
(proposed rule)
July 26,1989 (54 FR 31092)
(notice)
July 26,1989 (54 FR 31144)
(proposed rule)
July 31,1989 (54 FR 31548)
(proposed rule)
EPA is requesting comments on the use,
applicability, operation, reliability,
impacts and costs of leakless valve
technologies at treatment, storage, and
disposal facilities. Comments will be
accepted until September 18,1989.
EPA proposes to grant a petition
submitted by USX Corporation to
conditionally exclude certain solid wastes
generated at Southworks Plant, Gary
Works Facility from the lists of hazardous
wastes contained in 40 CFR Sections
261.31 and 261.32. Comments will be
accepted until September 5,1989.
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. the City of Wausau.
Wisconsin, et al.. for the Old
City/Marathon Electric landfill.
Comments were accepted through
August 25,1989.
The Department of Transportation (DOT)
proposes additional training
requirements for transporters of
hazardous materials. Comments will be
accepted until November 24,1989.
EPA proposes to deny a petition
submitted by Bethlehem Steel
Corporation to exclude certain solid
wastes from the lists of hazardous wastes
contained in 40 CFR Sections 261.31 and
261.32. Comments will be accepted until
September 14,1989.
20
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August Federal Registers
August 1,1989 (54 FR 31675)
(final rule)
August 1,1989 (54 FR 31740)
(proposed)
August 2,1989 (54 FR 31883)
(notice of proposed settlement)
August 4,1989 (54 FR 32320)
(proposed)
EPA is granting a final exclusion from the
lists of hazardous wastes contained in 40
CFR Sections 261.31 and 261.32 for
specified waste generated by Clay
Equipment Corp., Cedar Falls, Iowa.
In accordance with Section 122(i) of
CERCLA, a proposed consent decree in
U.S. v. Printed Circuits. Inc., et al.. was
lodged with the U.S. District Court for the
Eastern District of Pennsylvania.
Under Section 122(g) of CERCLA, EPA has
agreed to settle claims for response costs at
the City Industries Site, Winter Park,
Florida, with the Agricultural Research
Service of the U.S. Department of
Agriculture. Comments on the proposed
settlement will be considered until
September 1,1989.
EPA is proposing to modify the scope of
the F019 listing by excluding wastewater,
treatment sludges from the zirconium
phosphating step when this phosphating
is an exclusive process in the aluminum
can washing process. EPA is also
proposing to remove these zirconium
phosphating wastewater treatment
sludges from Section 302.4. Comments
on this proposal will be accepted until
September 5,1989.
21
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 7,1989 (54 FR 32397)
(notice)
August 9,1989 (54 FR 32662)
(proposed rule)
August 9,1989 (54 FR 32671)
(extension of comment period)
August 10,1989 (54 FR 32855)
(notice)
August 11,1989 (54 FR 32973)
(final rule)
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Browning-Ferris
Industries Chemical Services. Inc., in
connection with the Bayou Sorrel
Superfund Site in Iberville Parish,
Louisiana. Comments will be accepted
until September 6,1989.
EPA is proposing to deny a petition to
exclude certain solid wastes, generated at
Lake City Ammunitions Plant, from the
lists of hazardous wastes contained in 40
CFR Sections 261.31 and 261.32.
Comments will be accepted until
September 25,1989.
EPA is extending the comment period on
the Supplemental Notice to the Notice of
Proposed Rule-Making (NPRM) that
defined the scope of the exemption from
reporting and liability for "Federally
permitted" releases under CERCLA.
This is a notice of the lodging of a
proposed consent decree arising from a
civil action filed by Wheeling Pittsburgh
Steel Corporation, challenging an EPA
order issued pursuant to Section 3008(a)
of RCRA.
The Territory of Guam has received a
final authorization for their hazardous
waste program revision. Approval shall
become effective in 60 days (October 10,
1989) unless an adverse comment is
received. Comments will be received
until September 10,1989.
22
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 14,1989 (54 FR 33376)
(final rule)
August 14,1989 (54 FR 33418)
(final rule)
August 14,1989 (54 FR 33426)
(final rule)
August 15,1989 (54 FR 33607)
(notice)
EPA is amending portions of the closure
requirements under Subtitle C Parts 264,
265, and 270, applicable to owners and
operators of certain types of hazardous
waste facilities. The rule allows, under
limited circumstances, a landfill, surface
impoundment, or land treatment unit to
remain open after the final receipt of
hazardous wastes in order to receive non-
hazardous wastes in that unit. The final
rule details the circumstances under
which this can occur.
EPA is promulgating the Reportable
Quantities (RQ's) adjustment for six of
the 273 hazardous substances whose RQs
were proposed to be adjusted in a March
16,1987 NPRM. (52 FR 8140) These six
include: 1,4, dioxane, 2- ethoxyethanol,
ethylene oxide, 2-nitropropane,
perchloroethylene and saccharin. The
rule is effective immediately.
EPA is promulgating the RQ adjustments
for the 258 hazardous substances proposed
to be adjusted on March 16,1987 (52 FR
8140). These adjustments were based on
evidence of a substance's carcinogenicity.
EPA is also delisting ammonium
thiosulfate from the CERCLA list of
hazardous substances.
This notice announces a meeting of the
Science Advisory Board's Municipal
Waste Combustion Ash Subcommittee
on September 18-19,1989. Comments will
be accepted until September 11,1989.
23
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 16,1989 (54 FR 33846)
(proposed rule)
August 17,1989 (54 FR 33941)
(notice)
August 18,1989 (54 FR 34175)
(final rule)
August 18,1989 (54 FR 34235)
(notice)
August 21,1989 (54 FR 34550)
(notice)
EPA is proposing an update to the NPL.
The update proposes to add two sites, on
the basis of 40 CFR Section 300.66 (b)(4).
Comments must be submitted by
September 15,1989.
This notice announces new data and
requests comments on the listing of
wastes from the manufacture of 1,1-
dimethlylhydrazine (UDMH). Comments
will be accepted until September 18,1989.
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 generated by BF Goodrich
Intermediates Company, Inc., in Calvert
City, Kentucky.
EPA is publishing its Guidance on
Settlements with De Minimis landowners
under Section 122(g)(D(b) of the
Superfund Amendments and
Reauthorization Act (SARA) of 1986.
This guidance also addresses settlements
with prospective purchasers of
contaminated property.
EPA is announcing the transfer of data
collected under Section 3007 of RCRA to
its contractors who are assisting in the
development of treatment standards for
hazardous wastes subject to the land
disposal restriction rules. Comments are
being accepted.
24
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 21,1989 (54 FR 34621)
(notice)
August 21,1989 (54 FR 34622)
(notice)
August 21,1989 (54 FR 34623)
(notice)
August 21,1989 (54 FR 34666)
(final rule)
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. French Limited. Inc..
etaL. concerning a facility near Crosby,
Texas known as the French Limited Site.
Comments will be accepted until
September 20,1989.
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Gulf States Utilities
Company concerning the Sol
Lynn/Industrial Transformer Site in
Houston, Texas. Comments will be
accepted until September 20,1989.
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Southern Pacific
Transportation Company concerning the
Atlas Mine Superfund Site and the Johns-
Manville Coalings Mill Superfund Site.
Comments will be accepted until
September 20,1989.
The Research and Special Programs
Administration of the DOT has revised
the list of hazardous substances and
reportable quantities which appears in the
appendix to 49 CFR Section 172.101 to
keep it consistent with the CERCLA RQ
adjustments published on August 14,
1989. (54 FR 33418)
25
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 23,1989 (54 FR 34988)
(immediate final rule)
August 23,1989 (54 FR 34991)
(correction)
August 23,1989 (54 FR 35077)
(notice)
August 24,1989 (54 FR 35189)
(amendment to final rule)
August 24,1989 (54 FR 35240)
(notice)
EPA is codifying revisions to the Indiana
authorized States program in Part 272 that
were approved in the January 5,1988
Federal Register. (53FR128) Comments
will be accepted until September 22,1989.
This final rule corrects the Update #5 to
the National Priorities List, which
appeared in the March 31,1989 Federal
Register. (54 FR 13296)
ATSDR announces the availability of
funds for educating health professionals
concerning persons exposed to hazardous
substances. Funds will be administered
through the National Association of
County Health Officials. This program is
authorized under Section 104(i)(14) and
Section 104(i)(15) of CERCLA.
EPA is amending the States that are
participating in the medical waste
demonstration program due to requests
from two States to be removed from the
program. With this notice, medical waste
generated in Louisiana and the District of
Columbia is no longer subject to the
tracking program promulgated March 24,
1989.
This notice announces the availability of
the "RCRA Inspection Manual," finalized
on April 22,1988, to the regulated
community. It is available for viewing at
all EPA libraries and the RCRA Docket
and available for purchase through NTIS
(number PB-89-208-169/AS).
26
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 25,1989 (54 FR 35328)
(correction)
August 25,1989 (54 FR 35406)
(notice)
August 30,1989 (54 F£ 35924)
(notice)
August 30,1989 (54 FR 35988)
(proposed rule)
August 31,1989 (54 FR 36062)
(notice)
EPA is correcting an error in the final rule
that established the effective dates
prohibiting the underground injection of
certain first third wastes, published in the
June 14,1989 Federal Register. (54 FR 25416)
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Champion
International Corporation concerning the
Champion Lumber Mill Site in Libby,
Montana. Comments will be accepted
until September 24,1989.
This notice announces a proposed
settlement under Section 122(h) of
CERCLA at Battlefield Parkway Site,
Georgia. EPA will consider public
comments until September 29, 1989.
EPA is proposing to adjust RQs for 232
extremely hazardous substances (EHS)
proposed for designation as hazardous
substances under CERCLA.
This notice announces the lodging of a
proposed consent decree pursuant to
CERCLA in U.S. v. Amoco Chemical
Company, et al,. concerning the Brio
Refining Site near Houston, Texas.
Comments will be accepted until
September 29,1989.
27
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
August 31,1989 (54 FR 36063) The two notices appearing on this page
(notices) announce the lodging of proposed
consent decrees pursuant to CERCLA in
U.S. v. Craig Wrecking Corporation for
violations of the Clean Air Act relating to
violations of regulations governing the
removal of asbestos material. The
Department of Justice will receive
comments relating to these proposed
consent decrees for 30 days (September 29,
1989) from the date of this publication.
28
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List of Addressees:
Kate Anderson, OS-520
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
Edmond J. Burks, Region 4
Jon Cannon, OS-100
Jayne Carlin, Region 10
Fred Chanania, LE-132S
Carlton Chase, PM-214F
Richard Qarizio, Region 5
Steve Cochran, OS-332
Kathy Collier, RTP,NC
Elizabeth Cotsworth, OS-343
Rhonda Craig, OS-333
Hans Crump, OS-210
Gordon Davidson, OS-500
Elaine Davies, 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 Homer, WH-595
Barbara Hostage, OS-210
Hotline Staff
Bob Israel, TS-779
Phil Jalbert, OS-240
Alvin K. Joe, Jr., GRC
GaryJonesi,LE-134S
Jim Jowett, OS-210
Thadjuzczak, OS-100
Julie Klaas,'O>5lO'
William Kline, OS-322
Bob Kievit, EPA-Olympia, WA
Robert Khox, OS-130; •
Mikekosakowski, OS-510
Walter Kovalick, OS-200
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
CarIReeverts,WH-550E
John RUey, OS-210
Suzanne Rudzinski, OS-342
Dale Ruhter, OS-320
Debbie Rutherford, OS400
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
Jim Thompson, OS-520
Steve Torok, EPA-Juneau, AK
Betty VanEpps, OS-240
L. C. Waldo, DOE
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
29
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