I *am* | UNITED STATES ENVIRONMENTAL PROTECTION AGENCY % -V)//..> WASHINGTON, D.C. 20460 530R89113 April 3,11 OFMCE OF MEMORANDUM SOLID WASTE AND EMERGENCY RESPONSE SUBJECT: Final Monthly Report—RCRA/Superfund Industry Assistance and Emergency Planning and Community Right-To-Know Information Hotline Report for November 1989 s\ FROM: Thea McManus, Project Officer Office of Solid Waste \' > TO: See List of Addresses This Report is prepared and submitted in support of Contract #68-01-7371. I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—NOVEMBER 1989 A. RCRA 1. Treatability Studies Sample Exemption The treatability studies sample exclusion in 40 CFR 261.4(e) and (f) conditionally exempts generators of waste samples and owners or operators of laboratories or testing facilities conducting certain defined treatability studies from Subtitle C hazardous waste requirements. Is it within the scope of 40 CFR 261.4(e) and (f) for the testing facility to return the samples to the generators of the samples after the treatability study is completed? Yes; 40 CFR 261.4 (f)(10) states, as one of the conditions of the test facility exemption, as follows: "The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under Section 261.3 and, if so, are subject to Parts 261 through 268, and Part 270 of this Chapter, unless the residues and unused samples are returned to the sample originator under the Section 261.4(e) exemption." 40 CFR 261.4(e) is analogous to the sample exclusion in 261.4(d) in that its intent is to exclude samples from all regulations under Subtitle C as long as all provisions in the exclusion are complied with. This is restated in the preamble to Sections 261.4(e) and (0, July 19,1988 Federal Register (53 FR 27292, 27295), RECEIVED HPR231990 ------- 1. Treatability Studies Sample Exemption (Cont'd) which states that, upon completion of the treatability study, the owner or operator of the laboratory can return the unused samples and residue to the generator or "imple collector /hil.° remaining .excluded from Subt;' C hazardous waste regulations. Source: Michael Petruska, OSW (202) 475-8551 Research: Renee T. LaValle 2. Secondary Containment Systems for Hazardous Waste Tanks An owner/opera tor of a hazardous waste tank facility wants to install several above ground petroleum tanks within the secondary containment system maintained for the hazardous waste tanks. Is this permissible under the hazardous waste tank regulations in Title 40 CFR Parts 264/265 Subpart J? If so, what additional requirements apply? Specifically, must an external liner or vault secondary containment system be capable of containing 100% of the capacity of the largest tank within its boundary per Section 264/265.193(e) if that tank contains petroleum? There are no provisions in Subpart J that prohibit the installation of petroleum tanks within the same secondary containment area with hazardous waste tanks. Under Sections 264/265.193(b), secondary containment systems must be "designed, installed and operated to prevent any migration of wastes or accumulated liquid out of the system...." The term "accumulated liquid" was intended primarily to encompass accumulated water from precipitation. However, this term would be expanded to include leaks or spills of petroleum that may accumulate from petroleum tanks within the secondary containment structure. No matter how extensive the secondary containment area containing petroleum tanks, if hazardous waste tanks occur within the same structure, the entire secondary containment system is subject to all applicable requirements under Parts 264/265 Subpart J. An external liner or vault system constructed to satisfy the requirements of Sections 264/265.193(e) must be "designed and operated to contain 100% of the capacity of the largest tank within its boundary." This requirement refers to the largest hazardous waste tank within the boundary of the secondary containment system. Certain above ground petroleum tanks would be required to have a Spill Prevention Control and Countermeasure Plan under 40 CFR Part 112 of the Clean Water Act regulations to address leaks and spills from those units. The Agency would encourage owners/operators of hazardous waste tanks and above ground petroleum ------- 2. Secondary Containment Systems for Hazardous Waste Tanks (cont'd) tanks to segregate them into separate secondary containment areas for logistical purposes. There are currently no provisions under RCRA that apply to above ground petroleum tanks, Wr^ess of their F,dcement in a secondary containment structure for hazardous waste tanks. This may change in the future with passage of House Bill 1993, the Tank Spill Prevention Act. If enacted, this legislation will expand on Subtitle I of RCRA, the underground storage tank program. The new law will address above ground tanks containing petroleum and hazardous substances. Source: Bill Kline, OSW (202) 475-9614 Research: Jenny Peters 3. 40 CFR Section 261.33: Spills of Commercial Chemical Products Any residues or contaminated soils, waters or other debris ". . . resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) . . ." of Section 261.33 are hazardous wastes if and when they are intended to be discarded. (40 CFR 261.33 (d)) Does 40 CFR 261.33 only apply to spills "into or on any land or water," or are other types of spills covered (i.e., debris that result from a cleanup of a spill wholly contained within a building)? In the November 25, 1980 Federal Register. EPA states that the purpose of 40 CFR Section 261.33 is to regulate the listed chemical products (and spill residues thereof) as hazardous wastes when they are discarded or intended to be discarded. (45 FR 78540) Although not specifically stated in Section 261.33 (d), EPA intends that this section apply to all spill residues, regardless of where the spill occurs. The scope of this regulation includes not only spills on land or into water, but also other types of spills. Source: Ron Josephson, OSW (202) 475-6715 Research: Sean White ------- 4. Reopening Temporarily Closed USTs An underground storage tank (UST) owner/operator temporarily closes an UST system for more than 12 months. According to 40 CFR Section 280.70 (c), he must "permanently close the UST system ~r it does not m^- either performa v:a standards in Section 280.20 for new UST systems or the upgrading requirements in Section 280.21, except that the spill and overfill requirements do not have to be met." If the UST meets the performance standards are there any regulations or special requirements before returning it to service? The preamble of the September 23, 1988 Federal Register, which promulgated this rule, points out EPA's disagreement with commenters who suggested that there should be a requirement to test the integrity of a temporarily closed tank before refilling. (53 FR 37182) In fact, no special procedures would be required before returning the tank to service. The owner/operator would, however, still need to comply with release detection requirements according to the schedule, and corrosion and spill/overfill protection requirements by December 1998. Section 280.70 (c) also states "owners and operators must permanently close the substandard UST systems at the end of the 12-month period in accordance with Sections 280.71 - 280.74" unless they obtain an extension from the implementing agency after first completing a site assessment. On the other hand, as long as the performance standards for new or upgraded USTs are met and the UST systems remain in compliance with the operation, maintenance, and release detection requirements of the rule, they "may remain out of service indefinitely." (53 FR 37183) Contact: Kim Green, OUST (202) 475-9395 Research: Peter Neves ------- B. CERCLA 5. CERCLA Reportable Quantities for Mixtures A generator has a drum of RCRA hazardous waslJ v,hich is classific " as P005. The only spent solvent in his waste is toluene. He knows the exact composition of the waste, and toluene is the only CERCLA hazardous substance in the waste. What is the 40 CFR Part 302 reportable quantity (RQ) for his F005 waste? If a CERCLA hazardous substance (HS) escapes from a facility or vessel into the environment, the person in charge of the facility or vessel must notify the National Response Center if a reportable quantity (RQ) or more of the HS is released. (40 CFR Section 302.6) If the substance released is a waste stream for which more than one RQ could apply, the determination of the RQ is based upon the person's knowledge of the composition of the substance released. If the person knows the exact composition of the spill, he determines if notification is necessary by referring to the RQ's in 40 CFR Table 302.4 for the individual hazardous substances in the waste stream. He does not, in this case, use the RQ for the waste stream. (40 CFR Section 302.5 (b)(l)(i)) If the person does not know the exact composition of the spill, the lowest RQ for the mixture applies to the total quantity of the spill. (40 CFR Section 302.5 (b)(l)(ii)) For example, if 250 pounds of a RCRA F005 waste stream containing an unknown concentration of toluene and methyl ethyl ketone is spilled, the possible RQ amounts are 100, 1000, and 5000, respectively. In this case, the lowest RQ, 100 pounds, applies, so the spill must be reported. (50 FR 13463, April 4,1985; 54 FR 33431, 33469; August 14,1989) For a waste stream of known composition, the person in charge calculates the amount of an HS released by multiplying the concentration of the HS by the quantity of the waste stream released. (54 FR 33431, August 14,1989) If, for example, a 10,000 pound spill of F005 contains 10% toluene and 5% methyl ethyl ketone and no other HS, the spill must be reported because an RQ of toluene, 1000 pounds, was released. In the case in the question, the generator with an F005 waste containing a known concentration of toluene and no other HS, the applicable RQ is also 1000 pounds, that applicable to toluene and is applied only to the amount of toluene released. (40 CFR Section 302.4; 54 FR 33431, August 14,1989) Source: Ivette Vega, OERR (202) 475-7369 Research: Monica Genadio ------- C SARA Title III 6. Emergency Planning Notification A public warehouse is used by several unrelated companies to store extremely hazardous substances (EHSs). For purposes of emergency planning notification, who is responsible, under SARA Title III Section 302, for notifying the State Emergency Response Commission if a threshold planning quantity (TPQ) of an EHS is present at the warehouse? The emergency planning regulations (40 CFR 355.30(b)) state that "The owner or operator of a facility subject to this section shall provide notification to the Commission that it is a facility subject to the emergency planning requirements of this Part." Thus, the owner or operator of the warehouse should make the notification if an EHS is present in an amount equal to or in excess of its TPQ. In the event of noncompliance, both the owner and operator may be held liable. (Note: The ownership/operatorship of the chemicals is not an issue here, but rather the ownership/operatorship of the facility at which the chemicals are present.) The companies who rent space in the warehouse may be considered operators if they participate in the operation of the facility to any extent. For example, a company that rents space in the warehouse and physically enters the facility, stores the material in the storage space, and then leaves the facility would be considered an operator. The companies may also be considered operators (whether they physically enter the warehouse facility or not) if they control the rented space to the extent that they can exclude others from the space. It is also the responsibility of the owner or operator of the facility to provide the name of a facility emergency coordinator to the local emergency planning committee. (40 CFR 355.30(b)) In the event of noncompliance with this regulation, all of the owners and operators of the facility are liable. Source: Kathy Bishop, CEPPO 382-7912 Research: Kenneth Mitchell, Ph.D. ------- II. ACTIVITIES — NOVEMBER 1989 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-Know Hotline responded to 13,539 questions and requests for . • documents in November. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls 4,911 1,288 832 2,835 = 9,866 Call Document Requests 1,237 50 269 488 = 2,044 Written Document Requests 320 38 = 358 Referrals 922 349 = 1,271 Totals 7,390 1,338 1,101 3,710 = 13,539 A. RCRA/Superfund Hotline Activities 2. On November 6,13, 20 and 27, Senior Program Manager, Joe Nixon, attended the OSWER Communications Meetings. 3. On November 15, Hotline Project Director, Denise Sines, and Senior Program Manager, Joe Nixon, met with Fred Chanania, OSW, and Hotline Project Officer, Thea McManus, OSW, regarding Hotline QA/QC. 4. On November 27, 28, and 29, Hotline Information Specialists attended the 1989 HMCRI's 10th National Conference and Exhibition held at the Sheraton Washington Hotel. 5. On November 28, Hotline Section Chief, Deborah Doherty, attended the OUST Staff meeting. 6. On November 29, Hotline Project Director, Denise Sines, met with Jerry Swint, CRC (EPA's Communication Office Contractor) regarding EPA's PTS Hotline telephone conversation. 7. On November 30, Hotline Project Director, Denise Sines, met with Hotline Deputy Project Officer, Hubert Warters, OERR, and Dave Bennett, OERR, regarding Hotline support for the Superfund program. ------- B. Emergency Planning and Community Right-to-Know Information Hotline Activities 8. On r -e^ber 1, 8, 15, and 29 the Title HI Hotline staff attended the Title HI Outreach Subcommittee meeting on the status of the Title III communication strategy. ___ 9. On November 1, 8, and 29, Minda Sarmiento, of the Title III Hotline staff, met with Laurie Solomon, CEPPO, and Lee Ann duFief, OTS, on the status of the Title HI Hotline. 10. On November 7, Sicy Jacob and Minda Sarmiento, of the Title in Hotline staff, attended the Title III Workgroup meeting on the status of the Title III activities. 11. On November 8 and 22, the Title III Hotline staff attended the Regional Section 313 coordinators conference call on the status of Section 313 activities. 12. On November 9, Dr. Ken Mitchell and Minda Sarmiento, of the Title III Hotline staff, attended the TRI Public Access Plan Update Workgroup meeting on the status of public access of the TRI data. 13. On November 14, Jon Roland, of the Title HI Hotline staff, assisted the Title III Reporting Center in verifying notices of non compliance (NON) for Section 313. 14. On November 14, Robert Rule of the Title III Hotline staff, attended the List of Lists Workgroup meeting to discuss the status of the Agency-wide listing activities. 15. On November 14 and 28, of the Title HI Hotline staff, attended the CEPPO staff meeting on the status of program office activities. 16. On November 15 and 22, Minda Sarmiento, of the Title HI Hotline staff, met with Lee Ann duFief, OTS, on the status of the Title m Hotline. 17. On November 15 and 28, Minda Sarmiento, of the Title HI Hotline staff, attended the TRIMS staff meeting on the status of Section 313 activities. 18. On November 16, Jon Roland, of the Title m Hotline staff, attended the Information Transfer Subcommittee meeting on communicating information on the Agency's accident prevention activities. ------- B. Emergency Planning and Community Right-to-Know Information Hotline Activities (Cont'd) : 3. on November 3" •"=»'•.». McNamara, of the Title HI Hotline staff, attended the NRT meeting on the status of Federal Preparedness and Response activities. 20. On November 30, Dr. Ken Mitchell, of the Title in Hotline staff, attended the conference call with Regional Outreach Coordinators to discuss the Status of Title III outreach activties. ------- III. ANALYSES OF QUESTIONS—November 1989 RCRA/Superfund Hotline Grand Total = 9,829 Qummary of Calls by E^A Region . ;».jn 1 Region 2 Region 3 Region 4 Region 5 Region 6 6.1"/o- 8.4% 20.4% 1 1 .4% 16.3% 10.0% Region 7 Region 8 Region 9 Region 10 International Calls 4.0% 4.4% 14.4% 4.3% 0.0% Calls Manufacturers Generators Transporters TSDFs EPAHQ EPA Regions Federal Agencies State Agencies Local Agencies Used Oil Handlers UST 0/0 RCRA General Information §3010 Notification §260.10 Definitions §260.22 Petitions/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 Recycling Standards §261.7 Container Residues §262 Generator-General §262 100-1000 kg/mo §262 Manifest Information §262 Accumulation §262 Recordkeeping & Reporting §262 International Shipments §263 Transporters 4.4% 14.7% 0.8% 5.0% 0.3% 2.4% 2.6% 3.3% 1.8% 0.8% 7.6% 461 88 79 45 124 356 371 350 151 71 104 50 116 37 70 84 29 13 39 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 §266 F Precious Metal Reclamation §266 G 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 30.0% 8.7% 2.0% 2.0% 0.6% 0.7% 0.7% 0.7% 8.0% 2.0% 5 53 49 7 1 8 201 78 70 8 28 1 14 26 3 20 91 80 10 ------- RCRA-TSDF/264 and 265 A Scope/Applicability B General Facility Standards C Preparedness/Prevention DContinger, -Pb'-o 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., 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 Upqradina §280.22 Notification §280 C General Operating Req. §280 D Release Detection §280 E Release Rpt. & Investigation 70 23 6 20 16 79 45 1 1 27 49 20 9 4 33 8 35 10 2 171 116 1 31 55 29 16 14 23 30 6 86 18 R Underground Injection X Miscellaneous §2*' ier iral §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 5 8 218 79 82 160 8 47 25 20 9 15 42 6 1 7 35 179 1237 491 1 28 8 85 80 35 20 20 9 9 269 832 11 ------- CERCLA Access & Information Gath'lna Administrative Record Allocations from Fund ARARs CERCUS Citizen Suits Clean-Up Costs Clean-Up Standards Community Relations Contract Lab Program (CLP) Contractor Indemnification Contracts Definitions Emergency Response Enforcement Exposure Assess./Risk Assess. Federal Facilities Fund Balancing General Grants Hazardous Substances Health/Toxics MRS Liability Mandatory Schedules Natural Resource Damages NBARs NCP Notification NPL Written Request Responses Hotline Responses Referred to EPA Program Offices Referred to other Federal Agencies Referred externally (state, organizations, etc.) Response Form Sent Response ~orm Sent/FOIA Form Letter Sent/Need More Info. Requests Filled - RCRA - CERCLA -UST SUBTOTAL 4? • 7 5 33 98 8 17 31 10 10 6 10 15 7 22 27 14 5 70 16 62 25 26 1 8 8 5 3 45 40 186 0 16 2 32 0 0 0 270 0 0 320 Off-Site Policy On-Site Policy 06HA PA/SI PR Ps Public Participation Radon RCRA Interface RD/RA Remedial Removal Response RI/FS ROD ra SARA Interface Settlements SITE Program State Participation State Program Taxes Title lll/Right-to-Know CERCLA Document Requests CERCLA SUBTOTOAL Referrals Referrals - EPA HQ Other Hotlines Regions State GPO/NTIS/PIC ORD/Dockets Other SUBTOTAL 1 0 3 2 15 1 9 3 4 7 5 18 17 8 21 1 8 133 1 1 1 9 1 8 1 2 8 5 50 50 1 288 17 173 154 259 98 166 55 922 TOTAL CALLS, DOCUMENT REQUESTS and REFERRALS 9,829 12 ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report—November 1989 Total Calls: 2835 Distribution of Calls by EPA Regions Tots? Ooc ;ment Request* Total Written Requests: 38 Region 1 Region 2 Region 3 Region 4 Region 5 International 5.7% 1 1 .2% 21.5% 12.1% 18.7% 0.0% Region 6 Reqion 7 Region 8 Region 9 Region 10 Unknown 8.4% 3.7% 3.0% 12.3% 2.1% 0.7% 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 2.10% 0.00% 0.90% 0.09% 0.50% 0.80% 0.90% 2.50% 12.10% 1.90% 1.80% 0.09% 0.40% 1 .50% 3.80% 1 .40% 4.50% 2.10% 0.70% 1 .20% 1.10% 27.48%| 1 99 77 1 6 16 25 0 40 Distributors Handlers Attorneys Consultants/Engineers Laboratories Trade Associations Public Interest Groups Universities/Academia Insurance Companies Hospitals State Agencies/SERC Fire Departments EPA Local Officials UEPC Farmers Federal Agencies Media/Press Union/Labor Citizens Indians Other TOTAL (%) Delistina EHS Exemptions ITOTAL (%) 3.40% 5.70% 8.90% 3.70% 1.00% 1.30% 1.60% 4.40% 0.30% 1.40% 3.20% 1.70% 3.30% 2.50% 1.80% 0.10% 2.60% 0.70% 0.00% 7.10% 0.04% 3.60% 8.90%| 5 6 6.30%| 13 ------- §311/8312 General MSDS Reporting Requirements Tier l/ll Regulations Thresholds OSHA Expansion Hazard Categories Mixtures Exemptions ITOTAL (%) 204 54 74 137 8 27 32 0 23.80%l §313 General 386 Form R 149 Thresholds 92 Phase II 71 Phase Workshop (Training) 66 Petitions 51 Health Effects 1 0 Database 60 Mass Balance Study ITOTAL (%) 43.30%l Referrals OSHA Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline Other TOTAL REFERRALS 56 2 10 94 16 39 136 349 ITOTAL DOCUMENT REQUESTS: TBBI Training: General §305 Training Grants §305 Emergency Systems Review *12P (SARA) Tr&; ' a Regulations II OVAL (%) 58 5 1 5 9.40 %| CEPP: Interim Guide Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title III Workshops Information Management Prevention ARIP Other ITOTAL (%) Trade Secrets ITOTAL (%) Enforcement ITOTAL <%) Liability ITOTAL (%) Release Notification General Notification Requirements Reportable Quantities RQsvs.TPQs CERCLA vs. §304 Transportation Exemptions 1 17 1 9 13 5 1 6 3 65 5.58%| 5 0.20%| 17 0.80%| 1 0.04 %l 77 24 64 18 19 3 4 ITOTAL (%) 9.10%! 14 ------- IV. PUBLICATIONS - NOVEMBER. 1989 RCRA The following RCRA documents are available through the indicated sources: "Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities " is available from NTIS. The order number is PB/89-151-047. "Ecological Assessment of Hazardous Waste Sites: A Field and Laboratory Reference" is available from ORD. The order number is EPA/600/3-89/013. "Facing America's Trash: What's Next for Municipal Solid Waste?" is available from GPO. The order number is 052-003-07768-9. "EPA's Sewage Sludge Interim Permitting Strategy" is available through Adelaide Webb at (202) 475-9537. CERCLA The following CERCLA documents are available through the indicated sources: "A Management Review of the Superfund Program: The Implementation Plan" is available from PIC. "Data Quality Objectives for Remedial Response Activities" is available from NTIS. The Order Numbers are Volume I, PB-88-131-370, Vol. II, PB-88-131-388. "Coming Clean: Superfund Problems Can Be Solved" is available from GPO. The Order Number is GPO - 052-003- 01166-2. "Background Information on Sites Proposed for the NPL in September 1989" is available from PIC. The Order Number is HW-10.10. "Site Descriptions for the October 1989 additions to the NPL in proposed update 10" is available from PIC. The Order Number is HW-8.20. "Fifth Annual Report on Carcinogens" is available from NTIS. The Order Number is PB89-231-914. "Hazardous Waste Incineration Measurement Guidance Manual" is available from ORD. The Order Number is EPA/625/6-89/021. 15 ------- IV. PUBLICATIONS - NOVEMBER. 1989 (Cont'd) "Underground Heating Oil and Motor Fuel Tanks Exempt from Regulation Under Subtitle I" is available from the OUST Docket. "Risk Assessment Guidance for Superfund: Human Health Evaluation Manual" is available from the CERCLA docket and ORD. The OSWER Directive number is 9285.701A. The EPA document number is (EPA/540(1- 89/002). "Emergency Response Notification System" is available from David Ouderkirk (OS-210). The OSWER Directive number is 9360.021 "Environmental Fact Sheet: Proposed Land Disposal Restrictions - Third Third" is available from the Hotline. The Order Number is 530-SW-89-071. "Evaluation of Ground-water Extraction Remedies" is available from ORD. The Order Number is EPA/540/2- 89/054. "Facing America's Trash: What's Next for Municipal Solid Waste?" is available from GAO. The Order Number is 052-003-01168-9. "Hazardous Waste Sites: State Cleanup Status and Its Implication for Federal Policy" is available from GAO. The Order Number is GAO/RCED- 89-164. 16 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 V. FEDERAL REGISTER NOTICES - NOVEMBER 1989 Former Notice With Open Comment Period July 26,1989 (54 FR 31144) (proposed rule) September 11,1989 (54 FR 37501) (notice) September 13,1989 (54 FR 37892) (proposed rule) September 19,1989 (54 FR 38531) (proposed rule) September 25,1989 (54 FR 39298) (proposed rule) October 3,1989 (54 FR 40728) (notice) The Department of Transportation (DOT) proposes additional training requirements for transporters of hazardous materials. Comments will be accepted until November 24,1989. EPA announces the availability of an interim final guidance document entitled "Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities." Comments will be accepted until December 8,1989. EPA is proposing regulations to establish procedures for filing, evaluating, and resolving claims for costs incurred for responding to releases of hazardous substances asserted against the Hazardous Substance Superfund (the "fund") established under CERCLA. Comments will be accepted until November 13,1989. EPA is proposing to grant a petition submitted by Occidental Chemical Corporation, Mobile, AL, to exclude certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until November 3,1989. EPA is proposing to permanently remove seven of the 20 conditionally retained mineral processing wastes from the Bevill exclusion. This notice also contains a proposal to modify the RCRA Subtitle C definition of "designated facility." Comments will be accepted until November 9,1989. This notice announces that the Information Collection Request (ICR) for Financial Responsibility for Hazardous Waste Management Facilities has been forwarded to OMB for review and comment. Public comment must be submitted on or before November 2,1989. 17 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 October 3,1989 (54 FR 40729) (Notice) October 4,1989 (54 FR 40889) (notice) October 5,1989 (54 FR 41114) (proposed) October 5,1989 (54 FR 41182) (notice) October 5,1989 (54 FR 41183) (notice) October 5,1989 (54 FR 41184) (notice) October 10,1989 (54 FR 41566) (notice) October 11,1989 (54 FR 41695) (notice) This notice announces that the Information Collection Request (ICR) for the 1989 Hazardous Waste Report System has been forwarded to OMB for review and comment. Public comment must be submitted on or before November 2,1989. This notice announces EPA's intent to delete the Taylor Borough Superfund Site from the National Priorities List (NPL). Comments may be submitted on or before November 3,1989. The EPA is proposing to grant a petition submitted by Occidental Chemical Corporation, Delaware City, DE, to exclude certain solid waste to be generated at its facility from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until November 20,1989. This notice announces a proposed consent decree pursuant to CERCLA Section 122(d)(2) in U.S. v. Hoeshst Celanese Corporation. Comments will be accepted until November 5,1989. This notice announces a proposed consent decree pursuant to CERCLA in U.S. v. Homer Rasmussen, et al. Comments will be accepted until November 5, 1989. This notice announces a proposed consent decree pursuant to CERCLA in U.S. v. Macon, et al. Com- ments will be accepted until November 5,1989. EPA is soliciting comments on the interpretation of the RCRA term "land disposal" as it applies to certain actions involving the management of hazardous wastes. This interpretation will apply to waste man- agement of RCRA facilities as well as CERCLA re- sponse actions. Comments must be submitted on or before November 9,1989. The notice announces a proposed consent decree pursuant to CERCLA in U.S. v. Ferris Industries, et al. Comments will be accepted until November 10,1989. 18 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 October 11,1989 (54 FR 41696) October 11,1989 (54 PR 41696) (notice) October 12,1989 (54 FR 41885) (notice) October 12,1989 (54 FR 41930) (proposed rule) October 13,1989 (54 FR 42042) (request for comment) October 16 1989 (54 FR 42333) (notice) October 16,1989 (54 FR 42334) (notice) October 16 1989 5(54 FR 42448) (notice) This notice announces a proposed consent decree pursuant to CERCLA in U.S. v. Tefferson Pilot Corp, and the City of Sanford. Comments will be accepted until November 10,1989. This notice announces a proposed consent decree pursuant to CERCLA in U.S. v. USX Corp. Comments will be accepted until November 10,1989. This notice announces a proposed consent decree in U.S. v. Town of Bedford pursuant to CERCLA. Com- ments will be accepted until November 11,1989. EPA is proposing to amend its regulations under RCRA to clarify the Agency's authority to consider ground-water monitoring data in the evaluation of delisting petitions submitted under 40 CFR Sections 260.20 and 260.22. Comments will be accepted until November 27,1989. This notice solicits public comment on the six hazard- ous substances being reviewed for possible toxicology studies by the National Toxicology Program (NTP) under funding from the Agency for Toxic Substances and Disease Registry(ATSDR). Comments will be ac- cepted until January 11,1990. This notice announces the EPA's intent to settle claims against 169 parties at the Re-Solve Inc. Superfund Site in North Dartmouth, Massachusetts under CERCLA. Comments will be accepted until November 15,1989. This notice announces the EPA's intent to settle a claim against Garden Valley Ranch Estate Community Services District ("GVRECSD") under CERCLA. Comments will be accepted until November 15,1989. This notice announces the EPA's intent to grant an exemption to the Upjohn Co. of Kalamazoo, MI for the continued injection of certain hazardous wastes which are restricted from land disposal under RCRA. Com- ments will be accepted until November 20,1989. 19 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 October 17,1989 (54 FR 42568) (notice) October 19,1989 (54 FR 42990) (notice) October 19,1989 (54 FR 42992) (notice) October 19,1989 (54 FR 43007) (notice) October 23,1989 (54 FR 43185) (advance notice of proposed rulemaking) October 23,1989 (54 FR 43203) (notice) October 24,1989 (54 FR 43331) (notice) This notice announces the availability of 30 Draft lexicological Profiles for 48 hazardous substances prepared by the Agency for Toxic Substances and Disease Registry (ATSDR) under the requirements of CERCLA. Comments will be accepted until February 16,1990. This notice announces the EPA's intent to settle claims for response costs at Salvage Oil Site, Rockingham, NC under CERCLA. Comments will be accepted until November 18,1989. The Agency for Toxic Substances and Disease Registry (ATSDR) is soliciting unpublished or ongoing studies relevant to the substances listed in this notice as required under CERCLA. Comments will be accepted until November 20,1989. This notice announces the Department of Justice's (DOJ's) intent to extend the comment period an- nounced in the Federal Register on August 21,1989, in U.S. v. French Limited Inc.. et al., to November 15, 1989. The Department of Interior (DOI) is extending the comment period on three advance notices of proposed rulemaking to revise the natural resources damage as- sessment rule under CERCLA (54 FR 39103,39105, 39106) from October 23,1989 to November 13,1989. This notice announces the EPA's intent to settle claims for past response costs at the Khoury Trailer Park Drum Site, Fort Valley, Georgia. Comments will be accepted until November 22,1989. This notice announces the EPA's intent to settle claims for past response costs at the Chadbourn Tire Fire Site, Chadbourn Tire Fire Site, Chadbourn, North Carolina. EPA will accept comments until November 23,1989. 20 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 October 26,1989 (54 FR 43615) (notice) October 26,1989 (54 FR 43718) (supplement to proposed rule) October 26,1989 (54 FR 43778) (proposed) October 26,1989 (54 FR 43630) (notice) October 27,1989 (54 FR 43829) (proposed) October 30,1989 (54 FR 43987) (notice) This notice contains a required list of 25 additional substances commonly found at facilities on the CERCLA National Priorities List. Comments will be accepted. This Boilers and Industrial Furnace Supplemental rule requests comments on alternate approaches to address the following issues: Control of CO, metals, HCL, and participate emissions, the small quantity burner exemption, the definition of waste that is indigenous when burned for reclamation, revisions to the proposed definition of halogen acid furnaces, applicability of the metals and organic emissions controls to smelting furnaces involved in materials recovery, and the status under the Bevill amendment of residues from burning hazardous waste. Comments will be accepted until December 26,1989. The EPA is proposing the tenth update to the NPL. This update proposed to add 25 new sites to the NPL, including two Federal facility sites. Comments will be accepted until December 26,1989. This notice announces a lodging of consent decree pursuant to CERCLA Section 107 in U.S. v. Gulf Resources and Chemical Corporation and Pintlar Corporation. Comments will be accepted until November 25,1989. The EPA is proposing to grant a petition submitted by Philway Products, Incorporated, Ashland, Ohio, to exclude certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until December 11,1989. This notice announces an administrative settlement to address claims under CERCLA. This settlement is intended to address liabilities of 32 parties for costs incurred by EPA in conducting response actions at the Somersworth Sanitary Landfill Superfurtd Site in Somersworth, NH. 21 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 October 31,1989 (54 FR 45801) (notice) October 31,1989 (54 FR 46012) (proposed policy) This notice announces a proposed settlement under Sectic" 12?(h) of CERCLA for past response claims at the Cijue £lrod Drum Site, Kevil, Kentucky with Clyde M. Elrod and Central Service, Inc. The EPA is issuing a proposed guidance document to implement Section 119 of CERCLA. Section 119 provides the President with discretionary authority to indemnify response action contractors for negligent releases arising out of response action activities at sites on the NPL and removal action sites and to identify certain other persons as provided expressly by statute. Comments will be accepted until January 2,1990. 22 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 November Federal Registers Novembei . ^°'(54 FR 46135) (notice) November 3,1989 (54 FR 46423) (correction) November 7,1989 (54 FR 46737) (proposed rule) November 7,1989 (54 FR 46767) (notice) November 8,1989 (54 FR 47022) (correction) November 9,1989 (54 FR 47077) (interim final rule) This notice announces a lodging of consent decree pursuant to CERCLA in United States v. NVF Company. Comments will be accepted until December 1,1989. EPA is correcting errors in the preamble and regula- tory text of the proposed Response Claims Procedures for the Hazardous Substance Superfund which ap- peared in the Federal Register on September 13,1989. (54 FR 37892) EPA is proposing to deny a delisting petition submit- ted by Allegan Metal Finishing Company, Allegan, MI. Also, the Agency is proposing to use a fate and transport model to evaluate the waste-specific infor- mation provided by Allegan. Comments will be accepted until December 22,1989. EPA is announcing the availability of an EPA Risk Assessment Forum report on Toxicity Equivalency Factors for Chlorinated dibenzo-p-dioxins and-diben- zofurans (CDDs/CDFs). EPA is correcting the rules issued on August 14,1989, (54 FR 33426) "Reportable Quantity Adjustments; Delisting of Ammonium Thiosulfate." This rule amends the financial responsibility require- ments for underground storage tanks containing petroleum which appeared in the Federal Register on October 26,1988. (53 FR 43322) The provisions inter- preted and amended include the requirement that all endorsements and certificates include a six-month extended reporting period for claims-made policies and that cancellations or terminations of insurance by insurers will be effective 60 days after written notice of such termination is received by the insured. Com- ments will be accepted until December 11,1989. 23 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 November 14,1989 (54 FR 47417) (notice) November 14,1989 (54 FR 47355) (final) November 17,1989 (54 FR 47795) (notice) November 21,1989 (54 FR 48184) (final rule) November 21,1989 (54 FR 48151) (notice) November 21,1989 (54 FR 48152) (notice) This notice announces a proposed lodging of consent decree pursi ant to CERCLA :' LJn1' ';ed States v. General Switch Corporation. Comments will be accepted until December 14,1989. This notice announces EPA's decision to deny the petition submitted by Fisher Guide, formerly Fisher Body Division of General Motors Corporation, Flint, MI, to exclude certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. This notice extends the comment period for the supplemental notice and request for comment pub- lished in the Federal Register at 54 FR 41566-41569 (October 10,1989). The comment period will be extended until November 24,1989. This final rule adds several sites to the NPL. The NPL, initially promulgated on September 8,1989, (48 FR 40658) constitutes this list and is being revised today in the following way: (1) the addition of Radium Chemical Co., Inc., in Woodside, New York, and Forest Glen Mobile Home Subdivision, in Niagara Falls, New York; (2) the addition of 27 Federal facility sites, and (3) the expansion of definition of a previously listed Federal facility site. This notice announces that the Information Collection Request (ICR) on Gray Iron Foundrie has been for- warded to the Office of Management and Budget (OMB) for review and comment. Comments will be accepted until December 21,1989. This notice announces that the Information Collection Request (ICR) on RCRA Hazardous Waste Permit Application Part A has been forwarded to OMB for review and comment. Comments will be accepted until December 21,1989. 24 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 November 22,1989 (54 FR 48372) (proposed) November 22,1989 (54 FR 48243) (immediate final rule) November 22,1989 (proposed) November 24,1989 (54 FR 48608) (final rule) November 24,1989 (54 FR 48676) (notice) November 27,1989 (54 FR 48835) (correction) November 28,1989 (54 FR 48889) (immediate final rule) Today's action proposes treatment standards and prohibition effective dates for Third Third scheduled wastes for land disposal -estrictions. Com" Lents will •^ uv.^epted until January 8,1990. EPA intends to grant Wisconsin final authorization to operate its hazardous waste program as revised. Final authorization for Wisconsin's program revision will be effective January 22,1990, unless EPA publishes a prior Federal Register action withdrawing this imme- diate final rule. All comments on Wisconsin's program revision application must be received by the close of business December 22,1989. This notice announces a proposed settlement under Section 122 (h) of the Comprehensive Environmental Response, compensation and Liability Act concerning the United Scrap Lead Co. site in Troy, Ohio. Comments will be accepted until December 22,1989. This notice announces that EPA plans to approve Michigan's application for final authorization to operate it hazardous waste program as revised. Final authorization for Michigan shall be effective January 23,1990 unless EPA publishes a prior Federal Register action withdrawing mis final rule. All comments on Michigan's program revision applica- tion must be received by the close of business on December 26,1989. This notice announces that the Information Collected Request (ICR) on Quality Control Samples forms has been forwarded to OMB for review and comment. Comments will be accepted until December 26,1989. This notice announces corrections to the October 10, 1989, Federal Register regarding the applicability of RCRA Land Disposal Restrictions to CERCLA response actions. EPA is granting final authorization of revisions to Louisiana's Hazardous Waste Management Program. This approval is limited to the non-HSWA provisions. 25 ------- List of Addressees; Ed Abrams, OS-332 Kate Anderson, OS-520 Devereaux Barnes, OS-330 Beth Behrens, EPA-NEIC Jim Berlow, OS-322 Frank Biros, OS-500 John Bosky, EPA-Kansas City Susan Bromm, OS-500 Karen Brown, PM-220 Karen Burgin, OS-100 Edmond J. Burks, Region 4 Diane Buxbaum, Region 2 Jayne Carlin, Region 10 Fred Chanania, LE-132S Carlton Chase, PM-214F Richard Qarizio, Region 5 Don R. Clay, OS-100 Steve Cochran, OS-332 Kathy Collier, RTP,NC Elizabeth Cotsworth, OS-343 Hans Crump, OS-210 Becky Cuthbertson, OS-332 Gordon Davidson, OS-500 Elaine Da vies, OS-100 Truett DeGeare, OS-301 Bob Dellinger, OS-301 Jeffery Denit, OS-300 Dan Derkics, OS-323 Lee DuFief, TS-779 Dave Eberly, OS-343 Karen Ellenberger, OS-420 Terry Feldman, A-108 Tim Fields, OS-210 Lisa Friedman, LE-132S John Gilbert, EPA-Cin., OH AI Goodman, EPA'Portland, OR Uoyd Guerci, OS-500 Matt Hale, OS-340 Lynn Hansen, OS-305 Penny Hansen, OS-230 Bill Hanson, OS-220 Cheryl Hawkins, OS-200 Susan Hazen, TS-779 Irene Homer, WH-595 Barbara Hostage, OS-210 Hotline Staff Bob Israel, TS-779 AlvinK.Joe,Jr.,GRC GaryJonesi,LE-134S Ron Josephson, OS-333 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 Mil Kosrkowski, OS-510 Wane. Kovalick, OS-200 Tapio Kuusinen, PM-223 Steve Lejfer, LE-134S Steve Levy, OS-301 Henry Longest, OS-200 Sylvia Lowrance, OS-300 Tom Lueders, Region V, 5HS-26 James Makris, OS-120 Joseph Martone, A-104 Andrea McLaughlin, OS-333 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 Emily Roth, OS-332 Suzanne Rudzinski, OS-342 Dale Ruhter, OS-320 Debbie Rutherford, OS-400 William Sanjour, OS-332 Pam Sbar, LE-134S Robert Scarberry, OS-333 Mike Shannon, OS-310 Mike Shapiro, ANR-445 Jay Silberman, US Coast Guard, Honolulu, HI Laurie Solomon, OS-210 Elaine Stanley, OS-500 Jack Stanton, A-101 Jim Thompson, OS-520 Chae Tak, Region X Steve Torok, EPA-Juneau, AK Betty VanEpps, OS-240 L. C. Waldo, DOE (DP-122) Hubert Watters, OS-210 Bruce Weddle, OS-301 Steve Willhelm, Region 7 Howard Wilson, PM-273 Alex Wolfe, OS-342 Denise Wright, OS-333 Dan Yunnan, 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 26 ------- ------- |