l» >- RECEIVED UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MAV n1 KjQfl March 28,1990 530R89114 MEMORANDUM SOLID WASTE AND EMERGENCY RESPONSE SUBJECT: Final Monthly Report—RCRA/Superfund Industry Assistance Hotline and Emergency Planning and Community Righr-To-Know Information Hotline Report for December 1989 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—DECEMBER 1989 A. RCRA 1. Manifesting Requirements and EPA ID Numbers Two facilities, one a nuclear power plant and the other a conventional coal burning power plant, are owned by the same company and occupy adjacent tracts of land divided by a river. The company owns a dam on the river that connects the two tracts passage from one facility to the other. For safety reasons, the dam is not utilized for the transport of hazardous waste between the facilities. A public highway forms the boundary of the properties along one edge. Transport of hazardous waste between the facilities occurs via this public highway. The two facilities currently share one EPA identification number. Can the two facilities continue to share one identification number or must each have its own number? Is a manifest required to transport hazardous waste between the facilities? Each f the f- cllities will be -equired to obtain its own EPA identification number. Due to the safety hazard associated with using the dam to move wastes from one facility to the other, no effective connecting right-of-way exists between the two facilities, and they are considered to be two individ- ------- 1. Manifesting Requirements and EPA ID Numbers (Cont'd) ual sites. Hazardous wastes transported along the public highway from one site to the other must be accompanied by a manifest in accordance with 40 CFR 262.20, which states that a generator who transports, or offers for transportation, hazardous waste for off-site treatment, storage, or disposal must prepare a manifest. Source: Emily Roth, OSW (202) 382-4777 Research: Jenny Peters 2. Temporary Closure for the Purpose of Postponing Release Detection Requirements In order to avoid having to provide release detection by the regulatory deadline, may an owner/operator of an underground storage tank (UST) system empty the tank and temporarily close until release detection is implemented? » ' According to 40 CFR part 280.40(d), if the owner/operator follows all requirements for temporary closure (280.70(a)) including emptying the tank, release detection is not required. Twelve months from the time the UST system was temporarily closed, if the UST system does not meet all applicable performance standards (including release detection), the owner/operator must permanently close the system as specified in 40 CFR 280.70(c). If, however, the owner/operator decides to empty the tank and temporarily close the UST system after the regulatory deadline for release detection, he would be out of compliance for the period between the deadline and the time the system was closed and the tank emptied in accordance with 40 CFR Part 280.70. He could thus be subject to a possible enforcement action authority under RCRA Section 9006. Source: Tom Young, OUST (202) 475-7261 Research: Kevin Dunn ------- B. SARA Title III 3. Section 313 Threshold Determination A common service among agricultural chemical manufacturers is to provide custom blending and application of fertilizers and/or pesticides containing toxic chemicals, listed under Section 313 of SARA, to the farmer's crops. Generally, the farmer will contract the agricultural chemical manufacturer to produce a specialty fertilizer or pesticide and apply it to his crops. However, on occasion a farmer will provide his own chemicals and only contract the agricultural chemical manufacturer to blend the chemical to a specific concentration and apply this blend to his crops. In the second scenario, the agricultural chemical manufacturer is in essence a "toll-processor." For purposes of Section 313 reporting, would the blending of the chemicals received from the farmer (for subsequent application to the farmers crops) be considered processing of the toxic chemicals? Generally, "toll-processing" is not any different from any other processing. The agricultural chemical manufacturer must make a threshold determination based upon what they do with the chemical at their'facility. The origin of the processed material is irrelevant. Therefore, if the agricultural chemical facility conducts blending of listed toxic chemicals at their site, they must count those chemicals toward their processing threshold. The subsequent application of the chemical on the farmers field can be considered "distribution in commerce." Of course, if the blending occurs on the farmers property, then the facility would not be required to count this material. Source: Sam Sasnett, OTS-ETD (202) 382-3821 Research: Dan Irvin Tami McNamara 4. Section 312 Violations Under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), a facility owner/operator which omits two reportable OSHA hazardous substances from the Tier I/II report has committed a violation. Would the omission of the two reportable hazardous substances from the Tier I/II report be considered two separate violations, or would the omission be considered one violation since one incomplete Tier I/II report was filed? ------- 4. Section 312 Violations (Cont'd) Section 312 of EPCRA and regulations thereunder require that the owner/operator of a facility which has hazardous chemicals, as defined by OSHA in 29 CFR 1910.1200, present at the facility above the reporting thresholds, shall prepare an inventory form (Tier I/II report) and submit it to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department (40 CFR 370.20). The omission of two OSHA hazardous chemicals from the Tier I/n report would result in separate violations, not one violation for submitting an incomplete Tier I/II report. Furthermore, since the Tier I/II report is required to be sent to three entities, a total of six violations could occur for failure to submit two chemicals to the three entities. Source: Jeff Heimerman, OWPE (202) 475-7166 Research: Rob Rule 5. SARA Section 313 - Waste Treatment Methods and Efficiencies , > A waste stream containing hydrochloric acid is neutralized to a pH of 5.5 and then released to a river. How does one calculate the amount of hydrochloric acid that is released to the river? EPA considers a hydrochloric acid waste stream that has been neutralized to a pH range of 6-9 to be completely neutralized. However, if the pH is outside this range (e.g. 5.5), one calculates the amount of hydrochloric acid released based on the amount of base would take to raise the pH of the stream to 7 (not 6). Source: Larry Longanecker, OTS, ETD (202) 382-7971 Research: Kenneth L. Mitchell, Ph.D. ------- II. ACTIVITIES — DECEMBER 1989 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-Know Hotline responded to 11,552 questions and requests for documents in December. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls Call Document Requests Written Document Requests Referrals Totals 3,725 1,528 502 858 6,613 1,097 1,097 540 2,305 = 7,667 397 330 = 2,255 5 = 507 265 = 1,123 937 2,905 = 11,552 A. RCRA/Superfund Hotline Activities 1. On December 1, Denise Sines, Hotline Project Director, Joe Nixon, Hotline Senior Program Manager, and Deborah Doherty, Hotline Section Chief, met with Peg Rogers, OUST, regarding Hotline review, comments and suggestions for OUST publications, specifically for the document "Straight Talk on Tanks, Common Questions about Leak Detection, and Their Answers." 2. On December 7, 11, and 21, Denise Sines, Hotline Project Director, and Joe Nixon, Hotline Senior Program Manager, met with OTS regarding Chemical Assessment Desk/Hotline functions. 3. On December 11 and 18 Joe Nixon, Hotline Senior Program Manager, attended the OSWER communications meetings. 4. On December 12, Gwen Herron, Senior Hotline Information Specialist, attended the OUST staff meeting. 5. On December 12 and 13, Cynthia Hess, Hotline Information specialist attended the RCRA Section 3016 Federal Facilities Inventory Training Workshops. 6. On December 13, Fred Chanania, OGC, and Tina Kaneen, OGC, lead a discussion with the Hotline on legal and regulatory interpretations of RCRA and CERCLA requirements. 7. On December 14, Denise Sines, Hotline Project Director, met with the Information Transfer subcommittee regarding Hotline issues. ------- A. RCRA/Superfund Hotline Activities (Cont'd) 8. On December 20, Monique Currie, Office of Information, briefed the Hotline on the capabilities of the Facility Index System (FINDs) database. 9. On December 20, Denise Sines, Hotline Project Director, Joe Nixon, Hotline Senior Program Manager, and John Ferris, Hotline Section Chief, met with Dr. David Stephen, ORD, Cincinnati, and Miles Morse, ORD, HQ, to discuss waste minimization technology transfer capabilities. Dr. Stephen and Mr. Morse also toured the Hotline facility. B. Emergency Planning and Community Right-to-Know Information Hotline Activities 10. On December 6, and 20 the Title III Hotline Staff attended the Title HI Outreach Subcommittee meeting on the status of the Title III communication strategy. 11. On December 12, Sicy Jacob, Title in Hotline Information Specialist; attended the CEPPO staff meeting on the status of program office activities. 12. On December 13-14, Ming Tan, Tami McNamara, and Rob Rule, Title III Hotline Information Specialists, attended the National Governor's Association's Conference of State Emergency Response Commission Officials on the national status of the Title in program. 13. On December 15, Denise Sines, Hotline Project Director, attended the Information Transfer Subcommittee meeting on communicating information on the Agency's accident prevention activities. 14. On December 19, Sicy Jacob, Title HI Hotline Information Specialist, attended the Regional Section 313 coordinators conference call on the status of Section 313 activities. 15. On December 20, Dr. Ken Mitchell, Title III Hotline Information Specialist, attended the TRI Public Access Plan Update Workgroup meeting on the status of public access of the TRI data. 16. On December 20, Anita Bartera, Title HI Hotline Acting Section Chief, met with Laurie Solomon, CEPPO and Lee Ann duFief, OTS on the status of the Title IE Hotline. ------- 17. On December 21, Rob Rule, Title HI Hotline Information Specialist, assisted the Title III Reporting Center in verifying Notices of Non-Compliance (NON) for Section 313. 18. Or ' jce/iber 21, Anita Bartera, Acting Section Chief, and Jim Buchert, Title El Hotline Information Specialist, attended a screening of the Title in video. 19. On December 27, Anita Bartera, Acting Section Chief, and Denise Sines, Hotline Project Director, met with Laurie Solomon, CEPPO and Lee Ann duFief, OTS on the status of the Title HI Hotline. ------- I. ANALYSES OF QUESTIONS—December 1989 Grand Total = 8,647 RCRA/Superfund Hotline Summary of Calls by EP* *te0:on Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 5.0% 10.4% 21 .5% 11.0% 16.5% 9.0% Region 7 Region 8 Region 9 Region 10 International Calls 5.5% 5.0% 1 1 .0% 5.3% 0.0% Calls Manufacturers Generators Transporters TSDFs EPAHQ EPA Regions Federal Agencies State Agencies Local Agencies Used Oil Handlers USTO/0 RCRA General Information §3010 Notification §260.10 Definitions §260.22 Petitions/Delistina §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 4.7% 13.2% 0.9% 4.6% 0.8% 2.0% 2.0% 4.9% 1.6% 0.7% 7.4% 471 86 94 20 206 331 398 402 146 87 84 46 129 35 61 81 41 15 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 31.0% 9.4% 2.1% 2.2% 0.5% 0.5% 0.5% 0.6% 7.1% 2.4% 8 40 29 7 1 5 289 90 86 9 40 96 50 2 27 91 95 ------- RCRA-TSDF/264 and 265 A Scope/Applicability B General Facility Standards C Preparedness/Prevention D Contingency Plans E Manifest/Recordkeeping/Rptg. F Ground-Water Monitoring G Closure/Post Closure H Financial Requirements 1 Containers J Tanks K Surface Impoundments L Waste Piles M Land Treatment N Landfills Liquids in Landfills 0 Incinerators P Thermal Treatment Q Chem., Phys., Biol Treatment Underground Storage Tanks General §280.10 Applicability §280.11 Interm Prohibition §280.12 Definitions - General UST Regulated Substance §280 B New UST Systems - General §280.20 Performance Stds. §280.21 Upqradinq §280.22 Notification §280 C General Operating Req. §280 D Release Detection §280 E Release Rpt. & Investigation 108 30 xfi 6 14 64 65 37 20 60 14 4 5 18 4 61 7 1 192 98 1 31 63 31 19 4 22 18 9 102 18 R Underground Injection X Miscellaneous §268 General §268 Solvent & Dioxins §268 California List Wastes §268 Schedled Thirds §269 Air Emissions Standards §270 A General §270 B Permit Application §270 D Changes to Permits §270 F Special Permits §270 G Interim Status/LOIS §271 State Programs §124 Administrative Procedures DOT Requirements OSHA Requirements/HW Training Test Methods/HW Technologies RCRA Document Requests SUBTOTAL i i §280 F Corrective Action Petroleum §280 G Corrective Action Hazardous Substances §280 H Out-of-Service/Closure §280 1 Financial Responsibility §281 State UST Programs Liability Enforcement LUST Trust Fund Other Provisions UST Document Requests UST SUBTOTAL 3 1 6 245 78 73 257 1 0 67 21 1 1 8 20 31 3 1 7 24 99 1,528 5,253 24 1 1 87 71 45 15 59 14 3 397 937 ------- CERCLA Access & Information Gathering Administrative Record Allocations from Fund ARARs CERCLJS Citizen Suits Clean-Up Costs Clean-Up Standards Community Relations Contract Lab Proqram (CLP) Contractor Indemnification Contracts Definitions Emergency Response Enforcement Exposure AssessJRisk Assess. Federal Facilities Fund Balancing General Grants Hazardous Substances Health/Toxics HRS Liability Mandatory Schedules Natural Resource Damaqes NBARs NCR 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 Form Sent/FOIA Form Letter Sent/Need More Info. Requests Filled - RCRA - CERCLA -UST SUBTOTAL 53 2 6 32 103 6 13 31 1 1 7 6 5 22 6 23 25 12 5 68 5 65 28 22 55 0 0 0 33 23 106 0 15 2 32 0 0 0 393 50 10 502 Of 3ite, Policy On-oiie Policy OSHA PA/SI PRPs Public Participation Radon RCRA Interface RD/RA Remedial Removal Response RI/FS ROD RQ 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 1 2 2 6 1 2 0 0 1 6 4 23 7 5 25 25 103 2 9 15 7 6 6 38 0 1 ,097 38 111 157 216 8 258 70 858 TOTAL CALLS, DOCUMENT REQUESTS and REFERRALS 8,647 10 ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report—December 1989 Total Calls: 2305 Distribution of Calls by EPA Regions Region 1 Region 2 Region 3 Region 4 Region 5 International 8.4% 10.7% 18.0% 13.3% 16.3% 0.05% Total Docum- ;t Requests: Total Written Requests: Region 6 Region 7 Region 8 Region 9 Region 10 Unknown 330 5 8.0% 4.8% 3.2% 12.3% 3.4% 1 .2% Manufacturers 20 Food 21 Tobacco 22 Textiles 23 Apparel 24 Lumber & Wood 25 Furniture 26 Paper 27 Printinq & 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 2.30% 0.40% 0.60% 0.20% 1 .00% 0.50% 1 .00% 2.00% 10.00% 2.10% 3.00% 0.00% 1.00% 2.10% 3.00% 1 .20% 2.10% 1 .40% 1 .00% 3.00% 2.00% 39.90%| 273 56 10 1 1 15 1 62 Distributors Handlers Attorneys Consultants/Engineers Laboratories Trade Associations Public Interest Groups Universities/Academia Insurance Companies Hospitals State Agencies/SERC Fire Departments EPA Local Officials LEPC Farmers Federal Agencies Media/Press Union/Labor Citizens Indians Other TOTAL (%) Delisting EHS Exemptions ITOTAL (%) 2.30% 6.00% 6.00% 18.00% 2.00% . , 1.50% 1.00% 3.00% 0.40% 1 .00% 3.00% 2.00% 3.00% 2.20% 2.00% 3.00% 1.40% 0.40% 2.00% 4.00% 0.50% 2.00% 14.00%| 9 3 10.35%| 11 ------- S311/S312 General MSDS Reporting Reguirements Tier l/ll Regulations Thresholds OSHA Expansion Hazard Categories Mixtures Exemptions ITOTAL (%> §313 General Form R Thresholds Phase II Phase III Workshop (Training) Petitions Health Effects Database Mass Balance Study ITOTAL (%) Referrals CSHA Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline Other TOTAL REFERRALS 193 49 1 12 95 9 14 1 5 31 27.90%| 337 126 54 33 26 59 62 12 46 0 39.40%) 51 0 5 59 9 13 128 265 ITOTAL DOCUMENT REQUESTS: 330] Training: General §305 Training Grants §305 Emerqency Systems Review, §126 (SARA) Training Rec tior. ITOTAL (%) 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 ITOTAL (%) 5 0 1 7 0.75 %| 0 3 14 2 3 0 0 1 1 1 2.15%| 6 0.30%| 13 0.60%| 2 0.1 0%| 54 23 43 9 28 1 10 9.15 %| 12 ------- IV. PUBLICATIONS - DECEMBER. 1989 RCRA The following RCRA documents are available through the indicated sources: ""Technical Guidance Document: The Fabrication of Polyethylene FML Field Seams," EPA/530-SW-89-054. This document will be available from NTIS in the near future. ^j "Selected Current Practices in Property Transfer Environmental Assessment," September 1989, is available from the Hotline. The OPPE Study entitled "Comparing Risks and Setting Environmental -^ Priorities," is available from the Hotline. "Managing and Tracking Medical Wastes: A Guide to the Federal Program for Generators." The Order Number is EPA/530-SW-89-021. It is available from the Hotline. i ' "Managing and Tracking Medical Wastes: A Guide to the Federal Program For Transporters." The order number is EPA/530-SW-89-022. It is available from the Hotline. "Managing and Tracking Medical Wastes: A Guide to the Federal Program for Disposer's." The Order Number is EPA/530-SW-89-023). It is available from the Hotline. "Overview of Selected EPA Regulations and Guidance Affecting POTW Management." It is available from the Hotline. The following RCRA documents are available from the National Technical Information Service by calling (703) 487-4650: "Municipal Waste Combustion Ash and Leachate Characterization Monofill Baseline Year." The Order Number is PB90-104-746. "Determination of Organic Compounds in Drinking Water." The Order Number is PB89-220- 461/AS. 13 ------- RCRA (Cont'd) "Hazardous Waste from Discarding of Commercial Chemical Products and the Containers and Spill Residues Thereof (40 CFR 261.33); Identification and Listing of Hazaidcus Waste Under RCRA, Subtitle C, Section 3001." The Order Number is PB89-126-460. The following RCRA document is available from Office of Research and Development (ORD) by calling (513) 569-7562: "Remedial Actions for Contaminated Groundwater: A Guide." The Order Number is EPA/540/G-88/003. The following RCRA document is available by calling the UST docket at (202) 475-9720: "FY 1989-1990 Compliance and Enforcement Strategy for the UST Program." CERCLA The following CERCLA documents are available from the Office of Research and Development (ORD) at (513) 569-7562: "An Analysis of the Superfund State Programs 50 State Study." The Order Number is EPA/540-8-89-011. A summary of the document "Guidance for the Decontamination of Buildings, Structures, and Equipment at Superfund Sites." The publication number is EPA/600/5/2-85/028. The document in its entirety can be obtained from NTIS, (Order Number PB85-201-234). The following CERCLA documents are available from the Superfund docket at (202) 382-3046: "Considerations in Groundwater Remediation at Superfund Sites," OSWER ">• Directive 9355.4-03. 14 ------- CERCLA (Cont'd) A Directory of EPA/Site Superfund Contacts by Specialty Area can be obtained by submitting written requests to: Superfund Document Coordinator, US EPA (OS-240), 401 M Street, S.W., Washington, DC 20460. The following CERCLA documents are available from NTIS by calling (703) 487-4650: "Superfund Enforcement Project Management Handbook." The Order Number is PB90-780-115. "Acid Deposition Trace Contaminants and Their Indirect Human Health Effects: Research Needs." The Order Number is PB86-177-581. "Guidance for the Decontamination of Buildings, Structures, and Equipment at Superfund Sites." The Order Number is PB85-201-234. The following CERCLA documents are available from the Public Information Center (PIC) by calling (202) 382-2080: "Indian Tribal Involvement on the Superfund Program" (9375.5-02/FS) Fact Sheet. "Debarment and Suspension" (9200.5-208 FS) Fact Sheet. "Environmental Fact Sheet on Remedial Actions for Contaminated Groundwater: A Guide," (EPA/540/G-88/003). The following OSWER Directives are available through a Freedom of Information Act (FOIA) request: 9837.2 "Enforcement Project Management Handbook/' 9850.4 "Interim Final Guidance on Soil Ingestion Rates." 15 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 V. FEDERAL REGISTER NOTICES - DECEMBER 1989 Former Notices With Open Comment Period September 11, 1989 (54 ER 37501) (notice) October 13,1989 (54 ER 42042) (request for comment) October 17,1989 (54 ER 42568) (notice) October 26,1989 (54 ER 43718) (supplement to proposed rule) October 26, 1989 (54 ER 43778) (proposed) EPA announces the availability of an interim final guidance document entitled "Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities." Comments were accepted until December 8,1989. This notice solicits public comment on the six hazardous 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 accepted until January 11,1990. This notice announces the availability of 30 Draft Toxicological Profiles for 48 hazardous substances pre- pared by the Agency for Toxic Substances and Disease Registry (ATSDR) under the requirements of CERCLA. Comments will be accepted until February 16,1990. This Boilers and Industrial Furnace Supplemental rule requests comments on alternate approaches to address the following issues: Control of CO, metals, HCL, and particulate 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 materi- als recovery, and the status under the Bevill amendment of residues from burning hazardous waste. Comments were 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 were accepted until December 26,1989. 16 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 October 27, 1989 (54 FR 43829) (proposed) October 31,1989 (54 FR 46012) (proposed policy) 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 were accepted until December 11,1989. 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 indemnify certain other persons as provided expressly by statute. A December 27,1989, Federal Register notice extended the comment period until February 2,1990 (see December Federal Registers below). December Federal Registers December 1,1989 (54 £R 49822) (notice of proposed consent decree) December 1,1989 (54 ER 49848) (amendments to interim final rule) December 1, 1989 (54 FR, 49816) (notice) December 4,1989 (54 ER 50019) (correction notice) This notice announces the lodging of a proposed consent decree pursuant to CERLA in U.S. v. Royal N. Hardage. etal.. concerning the Hardage waste disposal site located in Criner, Oklahoma. Comments will be accepted until December 31,1989. EPA is publishing amendments to the interim final rule regarding the Technical Assistance Grant Program in order to foster greater participation of citizens groups in the grant program. The rule is effective December 1,1989. Comments will be accepted until January 30,1990. This notice announces the availability of five of ATSDR's final lexicological profiles for the first 25 substances as mandated by CERCLA. EPA is announcing a correction to the September 11,1989, (54 FR 37501) Federal Register on docket information for guidance document comments concerning the interim final guidance document entitled "Statistical Analysis of Ground Water Monitoring Data at RCRA Facilities." EPA will accept public comments until December 8,1989. 17 ------- RGRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 ^Usr4,1989 (54 m 50019) (notice) December 4, 1989 (54 m 50030) (notice of proposed consent decree) December 5,1989 (54 ER 50306) (correction) December 5,1989 (54 ER 50306) (notice) December 5,1989 (54 F_R 50285) (lodging of final judgement by con- sent) December 8, 1989 (54 ER 50660) (notice of proposed consent decree) December 8, 1989 (54 FR 50661) (notice of proposed consent decree) The notice announces that data collected on risk communi- cation was forwarded from Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and comment. Comments must be submitted by January 3,1990. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Mid-State Disposal Inc., et al.. concerning the Mid-State Disposal Superfund site located in Cleveland Township, Marathon County, Wisconsin. Comments will be accepted until January 3, 1990. EPA is announcing a correction to the October 10,1989, Federal Register. The October 10,1989 Federal Register was published in the "Notices" section of the issue. It should have appeared in the "Proposed Rules" section. This notice announces that data collected on equipment leaks of volitile organic compounds (VOC) in the Synthetic Organic Chemical Manufacturing Industry was forwarded from ICR to OMB for review and comment Comments must be submitted by January 4,1990. This notice announces the lodging of a final Judgment by Consent Decree pursuant to CERLA in U.S. v, Alcan Aluminum Corp.. et al.. concerning the Butler Tunnel Superfund Site in Pittston, Pennsylvania. Comments will be accepted until January 4,1990. This notice announces the lodging of a consent decree pursuant to RCRA in U.S. v. Mine Safety Appliances. Inc.. concerning compliance by the defendant with certain requirements under RCRA. Comments will be accepted until January 7, 1990. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Citv of Springfield. Missouri and Litton Industries. Inc.. concerning the Fulbright and Sac River Landfills near Springfield, Missouri. Comments will be accepted until January 7,1990. 18 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 11,1989 (54 FR 50968) (notice) December 12,1989 (54 FR 51070) (notice) December 12,1989 (54 F£ 51071) (request for comment) December 13,1989 (54 ER 51238) (notice of proposed consent decree) December 13,1989 (54 ER 51239) (notice of proposed consent decree) EPA is listing a hazardous waste generated during the manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed processes having carbon chain lengths ranging from one to five (F025). EPA is finalizing the listing of F024 without substantive changes. In addition, the Agency is finalizing the addition of two toxicants to Appendix VHI of Part 261. EPA is also giving reportable quantities to those wastes finalized today in 40 CFR Part 302. The listing of EPA Hazardous Waste No. F025 be- comes effective on June 11,1990 and the amended listing for EPA Hazardous Waste No. F024 becomes effective June 11,1990. EPA has entered into cooperative agreements with six States: California, Connecticut, Illinois, Minnesota, New Jersey, and Washington, to participate in a new pollution prevention research program called Waste Reduction Innovative Technology (WRITE). This pilot'prbgram provides funding to evaluate innovative pollution prevention technology in these States. EPA publishes the "Interim Policy on CERCLA Settlements Involving Municipalities or Municipal Wastes" (referred to as the Municipal Settlement Policy) to inform the public and to solicit public comment. Comments will be accepted until February 12,1990. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Marmon Corp.. etal.. for the Flowood, Mississippi Superfund Site. Com- ments will be received until January 12,1990. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Occidental Chemical Corporation, et al.. and New Jersey v. Occidental Chemical Corporation, et al.. for the Diamond Alkali Site in Newark, New Jersey. Comments will be received until January 12,1990. 19 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 14,1989 (54 FR 51 7) (notice) This notice announces Agency information collection activities under OMB. This notice includes Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance. Comments will be accepted until January 16,1990. EPA's ICR for the 1989 Hazardous Waste Report was approved by OMB on November 8, 1989. December 14,1989 (54 F_R 51318) (notice of transfer of data) December 14,1989 (54 F_R 51318) (notice of transfer of data) December 15,1989 (54 F_S 51469) (proposed settlement) December 15,1989 (54 F_R 51472) (federal facilities update) December 15,1989 (54 F_R 51509 (notice of proposed consent decree) This notice announces that EPA will transfer to its x contractor, Roy F. Weston, Inc. and their subcontractor, Westat, Inc., information submitted to EPA under RCRA for establishing a national database on waste generation and management The transfer of data will occur no sooner than December 21,1989. This notice announces that EPA will transfer'to' its contrac- tor ICF, Inc. and their subcontractors, information submit- ted to EPA under RCRA Section 3007 for analysis in: (1) hazardous waste treatment, storage, and disposal capacity; (2) management of used oil; and (3) management of hazardous waste tanks. The transfer of data will occur no sooner than December 21,1989. This notice announces a proposed settlement under CERCLA Section 122(h) between EPA'and the Village of Lyndonville, Vermont, EHV-Weidmann Industries, Inc., and Vermont American Corporation for response costs at the Darling Hill Dump Superfund Site in Lyndon, Vermont Comments must be received by January 16,1990. This notice contains the second six-month update of the list of Federal Facilities under CERCLA Section 120(c). This notice also contains revisions to the initial list (known as the "Federal Facilities Docket"). This notice announces the lodging of a proposed Department of Justice (DOJ) consent decree pursuant to CERCLA in U.S. v. Consolidated Rail Corporation for an abandoned treatment facility in Delaware. Comments will be accepted until January 14,1990. 20 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 18, 1989 (54 FFR 51805) (policy letter) December 19,1989 (54 EE 51936) (notice) December 20,1989 (54 ER 52190) (proposed rule) December 20,1989 (54 £E 52207) (proposed rule) December 20,1989 (54 FR 52209) (proposed guidelines) December 20, 1989 (54 FR 52251) (proposed rule) December 20,1989 (54 ER 52063) (notice of proposed de minimis settlement) The- 'Dfficft of Federal Procurement Policy has published a policy letter dealing with consultants and conflicts of interest. This notice announces a meeting of the Executive Committee of the Science Advisory Board on January 8, 1990 and January 9,1990. Topics of discussion include: Municipal Ash Solicitation/Stabilization Research report and the Saturated Zone Model report. Under the Clean Air Act, EPA proposes the addition of two test methods to Appendix A, Part 60: Method 23 "Determination of Polychlorinated Dibenzofurans from Stationary Sources" and Method 26 "Determination of Hydrogen Chloride Emissions from Stationary Sources." Method 26 is used to measure hydrogen chloride emission from municipal waste combustion facilities. Cbmments must be received by March 5,1990. Under the Clean Air Act, EPA proposes to add a new performance specification to allow the performance testing of carbon monoxide continuous emissions monitoring systems at municipal waste combustion facilities. Comments must be received by March 12,1990. Under the Clean Air Act, EPA proposes emissions guidelines and compliance schedules for use by States in developing State regulations to control emissions from existing municipal waste combustors. Comments must be received by March 1,1990. Under the Clean Air Act, EPA proposes to add regulations to limit emissions from new, modified, and reconstructed municipal waste combustors. Comments must be received by March 1,1990. This notice announces a proposed de minimis settlement under CERCLA 122(g) between the EPA and the Department of the Air Force for response costs incurred at the Colbert Landfill in Spokane County, Washington. Comments must be received by January 19, 1990. 21 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 21, 1989 (54 FR 52716) (amendment to final rule) December 22,1989 (54 FjR 52800) (notice) December 27,1989 (54 FR 53057) (notice of correction) December 27,1989 (54 £E 53068) (notice of compliance schedule) December 27,1989 (54 ER. 53184) (extension of comment period) December 28, 1989 (54 ER 53381) (notice of proposed consent decree December 28,1989 (54 ER 53381) (notice of proposed consent decree) Under TSCA, the EPA is finalizing amendments to its disposal and stor .>e regulations for PCBs. This includes: (1) notification requirements for certain entities that handle PCB waste, (2) requirements for the use of a manifest, and (3) requirements that commercial storers of PCB wastes obtain approval, develop closure plans, and demonstrate financial responsibility for closure. This rule becomes effective January 4,1990. EPA announces its tentative determination that Idaho's hazardous waste program satisfies all the requirements to qualify for final authorization for the RCRA base program as well as for other federal provisions in effect as of July 1, 1987, and for interim authorization of HSWA corrective action provisions. A public hearing is scheduled for January 24,1990, and comments must be received by January 26,1990. i ' This notice identifies technical corrections that were made in the August 14,1989, final rule on reportable quantity adjustments and explains the reasons for the corrections. EPA is publishing a compliance schedule for Massachusetts to modify its State program by adopting the Federal program revisions. EPA is extending the comment period on the proposed guidance document for Superfund Response Action Contractor Indemnification published in the October 31, 1989 Federal Register (54 FR 46012). Comments will now be accepted until February 2,1990. This notice announces the lodging of a proposed DOJ consent decree U.S. v. Avondale Industries. Inc.. for the Dutchtown Superfund site, in Dutchtown, Louisiana. Comments will be accepted until January 27,1990. This notice announces the lodging of a proposed DOJ consent decree pursuant to CERCLA Section 122 in U.S. v. E.I, du Pont Nemars & Company for the 2.7 acre Dupont Impoundment located within the larger 12 acre Lawrence Todtz Superfund Site in Camanche, Iowa. Comments will be accepted until January 27, 1990. 22 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 29,1989 (54 FR 53716) (announcement of availability of information) December 29,1989 (54 £R. 53766) (notice of proposed consent decree) December 29,1989 (54 £E 53766) (notice of proposed consent decree) EPA is announcing the availab^ty of new information for public review on landfill subs^^ww and potential impacts of continued subsidence on the synthetic landfill cap presently being constructed at the Charles George Landfill Superfund Site in Tyngsbough, Massachusetts. EPA will accept public comments until January 12,1990. This notice announces the lodging of a proposed DOJ consent decree pursuant to CERCLA in U.S. v. General Refuse Services. Inc.. et al.. for the Miami County Incinera- tor site in Troy, Ohio. Comments will be accepted until January 28,1990. This notice announces the lodging of a proposed DOJ consent decree pursuant to CERCLA Section 122 in U.S. v. Trans-Tech. Inc.. for the Adamstown Groundwater site in Adamstown, Maryland. Comments will be accepted until January 28,1990. 23 ------- 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 aarizio, 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 Davies, 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 Chris Elias, California Department of Health Karen Ellenberger, OS-420 Terry Feldman, A-108 Tim Fields, OS-210 Lisa Friedman, LE-132S John Gilbert, EPA-Cin., OH Al Goodman, EPA-Portland, OR Lloyd Guerci, OS-500 Matt Hale, OS-340 Lynn Hansen, OS-305 Penny Hansen, OS-230 Bill Hanson, OS-220 Cheryl Hawkins, OS-200 Susan Hazen, TS-779 Irene Horner, WH-595 Barbara Hostage, OS-210 Hotline Staff Bob Israel, TS-779 Alvin K. Joe, Jr., GRC GaryJonesi,LE-134S Ron Josephson, OS-333 Jim Jowett, OS-210 Thad Juzczak, OS-100 Julie Klaas, OS-510 William Kline, OS-322 Bob Kievit, EPA-Olympia, WA Robert Knox, OS-130 Mike Kosakows'd, OS-510 Walter Kovalick, OS-200 Tapio Kuusinen, PM-223 Steve Leifer, LE-134S Steve Levy, OS-301 Henry Longest, OS-200 Sylvia Lowrance, OS-300 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 William Sanjour, OS-332 Pam Sbar, LE-134S Robert Scarbeny, 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 Chae Tak, Region X Beverly Thomas, OS420 Jim Thompson, OS-520 Steve Torok, EPA-Juneau, AK Betty VanEpps, OS-240 L. C. Waldo, DOE (DP-122) Hubert Wattere, OS-210 Bruce Weddle, OS-301 Steve Willhelm, Region 7 Howard Wilson, PM-273 Alex Wolfe, OS-342 Denise Wright, OS-333 Dan Yurman, OS-100 Tish Zimmerman, OS-220 Hazardous Waste Division Directors, Regions I-X Hazardous Waste Management Branch Chiefs, Regions I-X Regional Counsel, Regions I-X Regional Libraries, Regions I-X 24 ------- |