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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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§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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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