UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 530R90101 MAY f 0 OFFICE 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 January 1990 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—JANUARY 1990 A. RCRA 1. Two Parts to the Definition of Treatment To facilitate disposal, a generator consolidates two spent solvents, which are listed in 40 CFR Part 261 Subpart D, into a single container. Is the mixing of these wastes considered to be treatment of hazardous waste under RCRA? Would a person consolidating waste need a RCRA permit or interim status designation for treatment of hazardous waste? The definition of treatment is a two-part definition. The definition includes "any method ... or process ... designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non- hazardous; less hazardous; (or) safer to transport, store, or dispose of (40 CFR Section 260.10). RECEIVED WAY 2 9 1990 ENVlRONMtNTAL PROTECTION AGENCY LIBRARY, REGION V ------- 1. Two Parts to the Definition of Treatment (cont'd) Putting two RCRA hazardous wastes into one container with the purpose of facilitating disposal is treatment if, for example, the mixing makes one or both of the wastes less hazardous or safer to transport. (OSWER Directive 9432.05-84; November 6, 1984) Any person, unless otherwise excluded from regulation, consolidating wastes needs a RCRA permit or interim status designation for treatment if the mixing results in treatment according to the definition in 40 CFR Section 260.10. (Certain generators accumulating wastes and treating the wastes in tanks and containers may not be subject to permit requirements (51 FR 10168, March 24,1986).) Regardless of whether or not the person is treating hazardous waste, he may need a RCRA permit for storage. A generator would need a permit or interim status designation for storage if waste is stored longer, or is accumulated in amounts greater, than the limitations in 40 CFR Section 262.34. A transporter also would need a storage permit if, for example, he stores waste at a transfer facility for longer than ten days (40 CFR Section 263.12). Source: Jim Berlow, OSW (202) 382-4627 Mitch Kidwell, OSW (202) 382-4805 Richard Kinch, OSW (202) 382-7917 Chet Oszman , OSW (202) 382-4499 Research: Monica Genadio 2. Land Disposal Restrictions - Lab Packs Lab packs are containers holding a variety of wastes generated by laboratories. If a lab pack contains a waste restricted under RCRA's Land Disposal Restrictions, how is it regulated? The disposal of lab packs containing restricted wastes is initially addressed in the Land Disposal Restrictions final rule of November 7, 1986 (51 FR 40572). If a lab pack contains any restricted wastes, the entire lab pack is prohibited from land disposal "unless the solvents or other restricted wastes are removed before land disposal, the solvents in the lab pack meet the treatment standard, or a successful petition demonstration has been made under Section 268.6." (51 FR 40585) ------- 2. Land Disposal Restrictions - Lab Packs (cont'd) The proposed rule for the Third Third wastes in the November 22, 1989 Federal Register (54 FR 48372) also includes a discussion of lab packs. The Agency proposes alternate treatment standards expressed as technologies for those lab packs meeting certain criteria. Lab packs containing certain characteristics and listed organic hazardous waste may be incinerated according to this proposed rule, and stabilization is proposed to be the treatment technology for certain EP toxic metal wastes. However, this proposed approach would not be mandatory and generators of lab packs who choose instead to comply with current land disposal restrictions, would be free to do so. Source: Andrea McLaughlin, OSW (202) 382-6946 Research: Anne Kennerley SARA/Title III 3) Section 303(dX3) Requests Under Section 312 of the Emergency Planning/Community Right-to-know Act (EPCRA), if a Local Emergency Planning Committee (LEPC) requests a Tier I/n from a facility owner/operator for a substance which is exempt (either under EPCRA, Section 311 (e), or the OSHA Hazardous Communication Standard, 29 CFR 1910.1200(b)), are they required to comply with the request? If the LEPC requests Tier n information for the substance using their authority under Section 303(d)(3) would the facility owner/operator be required to submit the requested information? Under Section 312 of EPCRA, since the substance is exempt, the facility would not need to include information on the substance in their Tier I/II report. Therefore, if the LEPC requests Tier II information from the facility under Section 312(e) on the exempted substance, the facility is not required to comply with the request. However, if the facility is subject to emergency planning under Section 302 of EPCRA, then the LEPC would have the authority (Section 303(d)(3)) to request any information necessary for developing and implementing the emergency plan. Such information may include Tier H information if the information is necessary for Section 303 planning purposes. Source: Kathy Jones, CEPPO (202)475-8353 Research: Tami McNamara ------- 4) Section 313: Exemptions A newspaper owner/operator has a photography laboratory that produces the pictures that appear in the newspaper. The laboratory does not perform product testing or analysis for the newspaper. The primary function of the photography laboratory is to develop film to be used in the newspaper. Will this photo laboratory meet the laboratory exemption under SARA Section 313? [40 CFR 372.38(d)] The laboratory exemption, 40 CFR 372.38(d), is primarily for laboratories which perform auxiliary functions for the manufacturing or processing activities at the facility. The photography laboratory does not perform an auxiliary function, but performs activities which are essential to the manufacturing of the newspaper and is therefore not exempt from reporting under SARA Section 313. Source: Sam Sasnett, OTS-ETD (202) 382-3821 Research: Rob Rule ------- ACTIVITIES — TANUARY1990 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-to-Know Hotline responded to 12.876 questions and requests for documents in January. The breakdown is as follows: RCRA Superfund UST CEPP Information Calls Call Document Requests Written Document Requests Referrals (Calls & Documents) Totals 4,485 949 376 *763 6,573 1,038 405 10 1,453 575 2,893 = 8,991 301 618 = 2,273 2 15 = 403 **446 = 1.209 878 3,972 = 12,876 A. RCRA/Superfund Hotline Activities 2. On January 3, Denise Sines, Hotline Project Director and Debbie Doherty, Hotline Section Manager briefed Ron Brand (OUST) on Hotline activities concerning the underground storage tank regulations. 3. On January 4, Cynthia Hess, Hotline Information Specialist, met with Joseph Carra (OSW) to discuss the Federal Facility 1990 Reporting Program under RCRA Section 3016. 4. On January 9 and 23, John Ferris, Hotline Section Manager, attended the OSWER Communications Meetings. 5. On January 9, Kate Blow and Michael Burns of OSW's Economics Analysis Staff briefed the Hotline on the 1990 Biennial Report. 6. On January 10, Fred Chanania (OSW) and Tina Kaneen (OGC) led a discussion with the Hotline on regulatory interpretations and legal issues. 7. On January 25, Robert Hall (OSW) briefed the Hotline on the Final Rule identifying the mineral processing wastes conditionally retained within the Bevill amendment. This number represents All referrals received by the RCRA/Superfund/UST section of the Hotline. This number represents AH referrals received by the CEPP section of the Hotline. ------- A. RCRA/Superfund Hotline Activities (cont'd) 8. On January 30 and 31, Jim Buchert and Jace Cuje, Hotline Information Specialists, and John Ferris Hotline Section Manager attended the Subpart S Corrective Action training course. 9. On January 30, Denise Sines, Hotline Project Director, attended the OSWER Communications meeting. 10. On January 8, Denise Sines, Hotline Project Director, met with Ellison Burton to discuss Office of Toxic Substances/Off ices of Solid Wastes Hotline capabilities. B. Emergency Planning and Community Right-to-Know Information Hotline Activities 11. On January 2, Tami McNamara, Title III Hotline Information Specialist attended the Title III Workgroup meeting on the status of Title HI activities. 12. On January 3, Denise Sines, Title III Hotline Project Director, and Anita Bartera, Title HI Hotline Information Specialist met with Lee Ann duFief/OTS and Laurie Solomon/CEPPO on the status of the Title IE Hotline. 13. On January 3, Ming Tan, Title HI Hotline Information Specialist, attended the TRIMS staff meeting on the status of Section 313 activities. 14. On January 5, Rob Rule, Title m Hotline Information Specialist, assisted the Title III Reporting Center in verifying Notices of Noncompliance (NON) for Section 313. 15. On January 9, Ken Mitchell, Title III Hotline Section Manager, attended the CEPPO staff meeting on the status of program office activities. 16. On January 9, Rob Rule, Title HI Hotline Information Specialist, attended the Regional Section 313 coordinators conference call on the status of Section 313 activities. 17. January 9, Dan Irvin, Title m Hotline Information Specialist, met with Deborah Lukesh, of the Chemical Emergency Preparedness and Prevention Office, to be briefed on the Chemical Safety Audit Program. ------- B. EPCRA Hotline Activities (cont'd) 18. On January 10, Anita Bartera, Title HI Hotline Information Specialist, met with Laurie Solomon/CEPPO on the status of the Title HI Hotline. 19. On January 10, Ming Tan, Title III Hotline Information Specialist, attended the Title IE Outreach Subcommittee meeting on the Status of the Title m communication strategy. 20. On January 10, Rob Rule, Title III Hotline Information Specialist, attended the conference call with Regional Council on the status of the Title HI enforcement and legal issues. 21. On January 17, Ken Mitchell, Title HI Hotline Section Manager, and Anita Bartera, Title III Hotline Information Specialist, met with Lee Ann duFief/OTS on the status of the Title HI Hotline. 22. On January 17, Sicy Jacob, Title III Hotline Information Specialist, attended the Title ni Outreach Subcommittee meeting on the status of the Title HI communication strategy. 23. On January 18, Rob Rule, Title HI Hotline Information Specialist, attended the Information Transfer Subcommittee meeting on communicating information on the Agency's accident prevention activities. 24. On January 23, Rob Rule, Title HI Hotline Information Specialist, attended the Prevention Workgroup meeting on the status of prevention activities. 25. On January 23, Dan Irvin, Title HI Hotline Information Specialist, attended the CEPPO staff meeting on the status of program office activities. 26. On January 23, Ken Mitchell, Title IH Hotline Section Manager, attended the Regional Section 313 coordinators conference call on the status of Section 313 activities. 27. On January 24, Ken Mitchell, Title ffl Hotline Section Manager, and Anita Bartera, Title HI Hotline Information Specialist, met with Lee Ann duFief/OTS and Laurie Solomon/CEPPO on the status of the Title HI Hotline. ------- B. EPCRA Hotline Activities (cont'd) 28. On January 24, Ken Mitchell, Title III Hotline Section Manager, attended the TRIMS staff meeting on the status of Section 313 activities. 29. On January 24, Anita Bartera, Title HI Hotline Information Specialist, attended the Title HI Outreach Subcommittee meeting on the status of the Title HI communication strategy. 30. On January 25, Rob Rule, Title HI Hotline Information Specialist, attended the NRT meeting on the status of Federal Preparedness and Response activities. 31. On January 25, Ming Tan, Title III Hotline Information Specialist, attended the Regional Title III Outreach Coordinators conference call on the Status of the Title HI communication strategy. 32. On January 31, Ken Mitchell, Title HI Hotline Section Manager, and Anita Bartera, Title HI Hotline Information Specialist, met with Lee Ann duFief/OTS and Laurie Solomon/CEPPO on the status of the Title m Hotline. 33. On January 31, Rob Rule, Title HI Hotline Information Specialist, attended the Title HI Outreach Subcommittee meeting on the status of the Title IE communication strategy. ------- III. ANALYSES OF QUESTIONS—January 1990 RCRA/Superfund Hotline Summary of Calls by EPA Region RCRA/Superfund/UST Total = 8,904 Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 4.4% 10.0% 25.0% 10.5% 15.2% 8.0% Region 7 Region 8 Region 9 Region 10 International Calls 4.0% 5.6% 12.3% 4.0% 0.0% Calls Manufacturers Generators Transporters TSDFs EPAHQ EPA Regions Federal Agencies State Agencies Local Agencies Used Oil Handlers USTO/O 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 4.9% 13.0% 1.1% 4.7% 0.4% 1 .6% 3.2% 4.5% 1 .2% 0.6% 5.3% 439 61 72 19 77 266 324 295 130 58 79 26 115 32 60 108 55 8 30 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 Asbestos/PCBs/Radon Corrective Action Dioxins Household Hazardous Waste Medical/Infectious Waste Liability/Enforcement Minimum Technology Mixed Radioactive Waste Used Oil Waste Minimization 33.7% 9.1% 2.0% 2.0% 0.6% 0.5% 0.5% 0.6% 7.2% 2.2% 6 25 34 9 9 311 74 74 7 30 124 29 4 1 6 90 105 ------- 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., Bbl Treatment Underground Storage Tanks General §280.10 Applicability §280.11 Interm Prohibition §280.12 Definitions - General UST Regulated Substance §280 B New UST Systems - General §280.20 Performance Stds. §280.21 Upgrading §280.22 Notification §280 C General Operating Reg. §280 D Release Detection §280 E Release Rpt. & Investigation 75 18 2 10 19 45 46 31 32 39 8 4 4 18 2 45 2 0 133 71 2 16 46 20 6 8 9 16 1 1 50 5 R Underground Injection X Miscellaneous §268 General §268 Solvent & Dioxins §268 California List Wastes §268 Schedled Thirds §269 Air Emissions Standards §270 A General §270 B Permit Application §270 D Changes to Permits §270 F Special Permits §270 G Interim Status/LOIS §271 State Programs §124 Administrative Procedures DOT Requirements OSHA Requirements/HW Training Test Methods/HW Technologies RCRA Document Requests SUBTOTAL §280 F Corrective Action Petroleum §280 G Corrective Action Hazardous Substances §280 H Out-of-Service/Closure §280 I Financial Responsibility §281 State UST Programs Liability Enforcement LUST Trust Fund Other Provisions UST Document Requests UST SUBTOTAL 1 8 243 84 67 229 2 51 32 16 6 25 28 5 9 36 42 949 5,434 14 7 41 64 20 1 2 13 8 3 301 876 10 ------- CERCLA Access & Information Gathering Administrative Record Allocations from Fund ARARs CERCLJS Citizen Suits Clean-Uo Costs Clean-Do 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 Form Sent/FOIA Form Letter Sent/Need More Info. Requests Filled - RCRA - CERCLA -UST SUBTOTAL 76 8 5 18 76 1 14 27 8 8 2 7 12 5 14 26 25 2 53 2 40 11 17 50 4 8 0 31 28 107 0 10 5 25 0 0 1 375 10 2 428 Off-Site Policy On-Site Policy CSHA PA/SI PRPs 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 SUBTOTAL Referrals Referrals - EPA HQ Other Hotlines Regions State GPO/NTIS/PIC ORD/Dockets Other SUBTOTAL 1 2 1 2 16 10 0 2 4 5 8 3 7 20 21 136 6 1 9 23 9 5 3 41 405 1,443 33 109 86 150 298 47 723 11 ------- Emergency Planning Community Right-to-Know Information Hotline Daily/Monthly Summary Report—January 1990 CEPP Total Calls: 4,489 Total Document Requests: 618 Total Written Requests: 15 Distribution of Calls by EPA Regions Region 1 Region 2 Region 3 Region 4 Region 5 International 7.3% 9.3% 16.7% 13.3% 23.6% 0.02% Region 6 Region 7 Region 8 Region 9 Region 10 Unknown 7.8% 5.2% 2.5% 1 1 .0% 2.6% 1 .0% Manufacturers 20 Food 21 Tobacco 22 Textiles 23 Apparel 24 Lumber & Wood 25 Furniture 26 Paper 27 Printing & Publishing 1 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 2.40% 0.00% 0.70% 0.90% 0.50% 1 .50% 1 .50% 1 .90% 2.20% 2.40% 0.10% 1 .20% 2.70% 3.40% 1 .50% 3.80% 2.10% 0.70% 2.00% 1 .40% 1 .40% (TOTAL Mfa. (%) 44.50%l (Title III General §301-3 Emergency Planning SERCs Notification TPQs Mixtures Extremely Hazardous Substances 390 78 26 10 28 5 101 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 SUBTOTAL (%) Delistina EHS Exemptions (SUBTOTAL (%) 6.10% 3.40% 4.30% 15.40% 1.10% 0.80% 1.10% 0.40% 0.20% 0.60% 2.60% 0.40% 2.00% 1 .70% 0.90% 0.10% 1 .40% 1 .30% 0.00% 6.00% 0.00% 2.10% 11.20%| 1 1 5 (264) 7.40%| 12 ------- §311/8312 General MSDS Reporting Requirements Tier I/I I Regulations Thresholds OSHA Expansion 378 168 238 268 22 Hazard Categories 19 Mixtures 23 Exemptions 39 ISUBTOTAL (%) (1.115) 32.90%| §313 General 337 Form R 126 Thresholds 54 Phase 33 Phase 26 Workshop (Training) 59 Petitions Health Effects 12 Database 46 Mass Balance Study ISUBTOTAL (%) Referrals osm 67 Preparedness Staff OTS Staff RCRA/Superfund Hotline 118 Regional EPA 17 TSCA Hotline 27 Other 212 REFERRALS SUBTOTAL 446 DOCUMENT REQUEST SUBTOTAL 611 I WRITTEN REQUESTS SUBTOTAL Training: General §305 Training Grants §305 Emergency Systems Review 22 $126 (SARA) Training Regulations JSUBTOTAL(%) (24) Q.35%1 CEPP: Interim Guide Interim Guide Chemical Profile NRT-1 10 Hazard Analysis Risk Communication Title III Workshops information Management Prevention ARIP Other 29 62 ISUBTOTAL (%) (44) Trade Secrets (755) 39.40%] ISUBTOTAL (%) (8) 0.20%l Enforcement 10 ^SUBTOTAL (%) (10) 0.30%| Liability ISUBTOTAL (%) (0) 0.00%l Release Notification General 82 Notification Requirements 32 Reportable Quantities 59 RQsvs.TPQs 13 CERCLAVS.S304 40 Transportation 11 Exemptions ISUBTOTAL (%) (243) 6.90%l RCRA/SUPERFUND/UST/EPCRA CALLS, DOCUMENT REQUSTS AND REFERRALS GRAND TOTAL 12.876 13 ------- IV. PUBLICATIONS - TANUARY. 1990 RCRA The following documents are available from the Hotline: "Detecting Leaks: Successful Methods Step-by-Step." The Underground Storage Tank docket number is 92. "Final Fiscal Year 89, Fiscal Year 90 Compliance and Enforcement Strategy for the UST Program." "Guidance on the Definition and Identification of Commercial Mixed Low- Level Radioactive and Hazardous Waste and Answers to Anticipated Questions." "Guideline for Federal Procurement of Paper and Paper Products Containing Recovered Materials/' Final Rule, June 22, 1988. The Order No. is EPA/OSW-FR-90-003. "Guideline For Federal Procurement of Lubricating Oil Containing Re- Refined Oil," Final Rule, June 30,1988. The Order No. is EPA/OSW-FR-90-004. "Guideline For Procurement of Building Insulation Products Containing Recovered Materials," Final Rule, February 17,1989. The Order No. is EPA/OSW-FR-90-006. "Guideline for Federal Procurement of Retread Tires", Final Rule, November 17,1988. The Order No. is EPA/OSW-FR-90-005. "Joint NRC-EPA Guidance on a Conceptual Design Approach for Commercial Mixed Low-Level Radioactive and Hazardous Waste Disposal Facilities-Action Memorandum." The Order No. is EPA/530-SW-87-027. (Directive #9487.00-8.) "Jointly Developed NRC-EPA Sitting Guidelines for Disposal of Mixed Low- Level Radioactive and Hazardous Waste." The Order No. is EPA/530-SW-87-029. (Directive #9480.00-14.) "Major Modification Procedure." The Order No. is EPA/530-SW-89-050. "Minimum Technology Guidance on Final Covers of Landfills and Surface Impoundments." The Order No. is EPA/530-SW-89-047. 14 ------- The following document is available from the RCRA Docket, at (202) 475-9327: "Commercial Treatment/Recovery Capacity Data Set." The following documents are available from other sources: "Enforcement of Authorized State Laws Pursuant to 40 CFR Section 271.19 - Formal Comments on State Requirements Applicable to Facility Permits," memo dated January 24,1989. Available via a Freedom of Information Act request. "Health and Safety Requirements for Employees Engaged in Field Activities," EPA No. 1440.2. Call EPA's Environmental Health and Safety Division at (202) 382-3640. "Industry Specific Fact Sheets." Call the EPA Office of Small Business at (703) 557-1938 or (800) 368-5888. "The Public Health Implications of Medical Waste: A Report to Congress." Write to: Maureen Y. Lichtveld, M.D. Medical Waste Group Agency for Toxic Substances and Disease Registry, mail stop E-32 1600 Clifton Road Atlanta, GA 50333 "RCRA Corrective Action Outyear Strategy" is available by calling Anne Price, OSW, at (202) 475-6725. CERCLA The following documents are available from the Superfund Docket and Information Center at (202) 382-3046: "Analysis of Human Health Risks of Recreational Exposure to Toxic Pollutants in Surface Waters near NPL Sites." The Order No. is 105NCP- HRS-11-148. 15 ------- CERCLA (cont'd) "Methodologies for Implementation of CERCLA Section 122(g)(l)(a); De Minimis Waste Contributor Settlements." The Order No. is OSWER Directive 9834.7-1B. "Technical Background Document to Support Rulemaking Pursuant to CERCLA Section 102: Vol. 3." The following documents are available from the National Technical Information Service (NTIS) at (703) 487-4650: "Hazardous Waste Bibliography." The Order No. is PB88-142-476. "Superfund Remedial Decision and Remedial Action Decision Process" (OSWER Directive 9355.0-041). The Order No. is PB88-107-529. The following documents are available from EPA's Office of Research and Development at (513) 569-7562: "Evaluation of Groundwater Extraction Remedies." The Order No. is EPA/540-289-054. "A Management Review of the Superfund Program" ("Ninety Day Study"). The Order No. is EPA/540/8-89/007. "Superfund Implementation Plan." The Order No. is EPA/540/8-89/009, and it is also available from EPA's Public Information Center at (202) 382-2080. The following document is available from Margie A. Wilson, EPA's Office of Small and Disadvantaged Business Utilization, at (703) 557-7305: "Qualified Bidders List." 16 ------- General Documents The following document is available from EPA's Washington Information Center (WIC), at (202) 475-7200: "Guide to the U.S. E.P.A. Bulletin Board System with Public Domain Software Listings." The following document is available from the National Technical Information Service (NTIS) at (703) 487-4650: "Unfinished Business. A Comparative Assessment of Environmental Problems: Overview Report." The Order No. is PB88-127-048. 17 ------- RCRA/Superfund Hotline National Toll Free * 800/424-9346, Washington DC Metro # 202/382-3000 V. FEDERAL REGISTER NOTICES - JANUARY 1990 Former Notices With Open Comment Period October 13,1989 (54 FR 42042) (request for comment) October 17,1989 (54 FR 42568) (notice) October 31,1989 (54 FR 46012) (proposed policy) November 22,1989 (54 FR 48372) (proposed rule) December 1,1989 (54 FR 49848) (amendments to interim final rule) This notice solicits public comment on the six hazardous substances being reviewed for possible toxicology studies by the National Toxicology Ftogram (NTP) under funding from the Agency for Toxic Substances and Disease Registry (ATSDR). Comments were accepted until January 11,1990. This notice announces the availability of 30 Draft Toxicologjcal 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. 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. This rule proposes treatment standards and prohibition effective dates for Third Third scheduled wastes for land disposal restrictions. Comments were accepted until January 8,1990. 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 were accepted until January 30,1990. 18 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 4,1989 (54 FR 50019) (notice) December 4,1989 (54 FR 50030) (notice of proposed consent decree) December 5,1989/54 FR 50285) (lodging of final judgement by consent) December 5,1989 (54 FR 50306) (notice) December 8,1989 (54 FR 50660) (notice of proposed consent decree) December 8,1989 (54 FR 50661) (notice of proposed consent decree) This notice announces that data collected on risk communication was forwarded from thelnformation Collection Request (ICR) Office to the Office of Management and Budget (OMB) for review and comment. Comments were accepted until 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 were accepted until January 3,1990. This notice announces the lodging of a final judgment by consent decree pursuant to CERCLA in U.S. v. Alcan Aluminum Corp.. et al., concerning the Butler Tunnel Superfund Site in Flttston, Pennsylvania. Comments were accepted until January 4,1990. This notice announces that data collected on equipment leaks of volatile organic compounds (VOC) in the Synthetic Organic Chemical Manufacturing Industry was forwarded from ICR Office to OMB for review and comment. Comments were 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 were accepted until January 7,1990. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. City of Springfield. Missouri, and Litton Industries, Inc.. concerning the Fulbright and Sac River Landfills near Springfield, Missouri. Comments were accepted until January 7,1990. 19 ------- RCRA/Superfund Hotline National Toll Free ft 800/424-9346, Washington DC Metro ft 202/382-3000 December 12,1989 (54 FR 51071) (request for comment) December 13,1989 (54 FR 51238) (notice of proposed consent decree) December 13,1989 (54 FR 51239) (notice of proposed consent decree) December 14,1989 (54 FR 51317) (notice) December 15,1989 (54 FR 51469) (proposed settlement) December 15,1989 (54 FR 51509) (notice of proposed consent decree) 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.. et al.. for the Flowood, Mississippi, Superfund Site. Comments were 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 were received until January 12,1990. This notice announces Agency information collection activities under OMB. This notice includes Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance. Comments were accepted until January 16,1990. 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 were accepted until January 16,1990. This notice announces the lodging of a proposed Department of Justice(DQJ) consent decree pursuant to CERCLA in U.S. v. Consolidated Rail Corporation for an abandoned treatment facility in Delaware. Comments were accepted until January 14,1990. 20 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 December 20,1989 (54 tt 52063) (notice of proposed de minimis settlement) December 20,1989 (54 FR 52190) (proposed rule) December 20,1989 (54 FR 52207) (proposed rule) December 20,1989 (54 FR 52209) (proposed guidelines) December 20,1989 (54 FR 52251) (proposed rule) December 22,1989 (54 FR 52800) (notice) 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 were received by January 19,1990. Under the dean 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. Comments 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. EPA announces its tentative determination mat Idaho's hazardous waste program satisfies all the requirements to qualify for final authorization for the RCRA-based 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 was scheduled for January 24,1990, and comments were received by January 26,1990. 21 ------- RCRA/Superfund Hotline National Toll Free * 800/424-9346, Washington DC Metro # 202/382-3000 December 27,1989 (54 FR 53184) (extension of comment period) December 28,1989 (54 FR 53381) (notice of proposed consent decree) December 28,1989 (54 FR 53381) (notice of proposed consent decree) December 29,1989 (54 FR 53716) (announcement of availability of information) December 29,1989 (54 FR 53766) (notice of proposed consent decree) December 29,1989 (54 FR 53766) (notice of proposed consent decree) 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 were 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 Nemours & Company for the 2.7 acre Dupont Impoundment located within the larger 12 acre Lawrence Todtz Superfund Site in Camanche, Iowa. A January 29.1990 Federal Register notice extended the comment period until February 28,1990. (See January Federal Registers below). EPA is announcing the availability of new information for public review on landfill subsidence and potential impacts of continued subsidence on the synthetic landfill cap presently being constructed at the Charles George Landfill Superfund Site in Tyngsborough, Massachusetts. EPA accepted 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 Incinerator site in Troy, Ohio. Comments were 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 were accepted until January 28,1990. 22 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 January 1990 Federal Registers January 2,1990 (55 FR 62) (notice of proposed settlement) January 2,1990 (55 FR 63) (notice of proposed settlement) January 5,1990 (55 FR 501) (notice) January 5,1990 (55 FR 502) (notice) January 8,1990 (55 FR 663) (notice of proposed settlement) January 9,1990 (55 FR 788) (notice of proposed consent decree) This notice announces that under Section 122(h) of CERCLA, EPA has agreed to settle claims for past response costs at the Berrien Products Co., Inc., site, Nashville, Georgia, with W. Wesley Moore, individually, and as President of Berrien Products Company, Inc. Comments will be considered until February 1,1990. This notice announces that under Section 122(h) of CERCLA, EPA has agreed to settle claims for past response costs at Nashville Pesticide site, Nashville, Georgia, with W. Wesley Moore, individually, and as President of Berrien Products Company, Inc. Comments will be considered until February 1,1990. This notice announces the lodging of a proposed partial consent decree pursuant to CERCLA in U.S. v. Fairchild Industries. Inc.. concerning the Limestone Road site in Allegheny County, Maryland. Comments will be accepted until February 4,1990. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Browning-Ferris Industries of Vermont, Inc.. concerning the Old Springfield Landfill site in the Town of Springfield, Windsor County, Vermont. Comments will be accepted until February 4,1990. This notice announces that EPA is proposing to enter into two administrative settlements under CERCLA authority to resolve claims for recovery of costs incurred at Silresim Chemical Corporation Superfund site in Lowell, Massachusetts. Comments will be considered until February 7,1990. This notice announces the lodging of a proposed DOJ consent decree pursuant to CERCLA in U.S. v. General Electric Company concerning the F.T. Rose Disposal Fit site in Lanesborough, Berkshire County, Massachusetts. Comments will be considered until February 8,1990. 23 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 January 9,1990 (55 FR 788) (notice of proposed consent decree) January 11,1990 (55 FR1115) (notice of proposed consent decree) January 16,1990 (55 FR 1513) (notice) January 16,1990 (55 FR 1513) (notice) January 18,1990 (55 FR 1726) (notice) January 18,1990 (55 FR 1741) (notice of proposed consent decree) This notice announces the lodging of a proposed DOJ consent decree pursuant to CERCLA in U.S. v. American Greetings Corp.. concerning a hazardous waste site located at the former site of Pristine, Inc., in Reading, Ohio. Comments will be considered until February 8,1990. The DOJ is lodging a proposed consent decree pursuant to CERCLA in U.S. v. Yaworski. Inc.. et al.,and State of Connecticut v. Yaworski. Inc.. et al., for cleanup of the Yaworski Lagoon Superfund site in Canterbury, Connecticut. Comments will be received until February 10,1990. This notice announces a public meeting of the Science Advisory Board's Environmental Engineering Committee in Washington, D.C., on January 30-31, 1990. The purpose of the meeting is to conduct a research-in-progress review of the Agency's Municipal Solid Waste Research Program. Comments were accepted until January 22,1990. This notice announces a public meeting of the Science Advisory Board's Relative Risk Reduction Strategies Committee in Arlington, Virginia, on February 1-2, 1990. The purpose of the meeting is to continue discussions on the development of environmental health risk reduction strategies. This notice announces that the Municipal Settlement Discussion Group will meet on February 7,1990, to facilitate public comment on the interim Superfund Municipal Settlement Policy. The public comment period on the interim policy doses February 12,1990. This notice announces the lodging of two proposed DOJ consent decrees in U.S. v. Union Carbide Chemicals and Plastics Company. Inc.. concerning the Reich Farm site, in Dover Township, Ocean County, New Jersey. Comments will be considered until February 17,1990. 24 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 January 18,1990 (55 FR1770) (notice) January 19,1990 (55 FR 1881) (notice of proposed concent decree) January 22,1990 (55 FR 2201) (notice of corrections) January 23,1990 (55 FR 2248) (proposed rule) January 23,1990 (55 FR 2267) (notice of proposed consent decree) January 23,1990 (55 FR 2268) (notice of proposed consent decree) ATSDR announces the expected availability of the ATSDR Medical Waste Tracking Act Report, "The Public Health Implications of Medical Waste: A Report to Congress" for review and comment. The draft report is expected to be available to the public on or about January 31,1990. Comments will be accepted 60 days starting from the actual date of release to the public. This notice announces the lodging of a proposed DOJ consent decree pursuant to CERCLA in U.S. v. William K. Martin, et al.. ("BMF/Petro Products"). concerning the BMF/Petro Products reclamation facility in Athens, Alabama. Comments will be considered until February 18,1990. EPA announces corrections to the Federal Agency Hazardous Waste Compliance Docket published previously in the Federal Register. December 15,1989. EPA is proposing to grant a petition submitted by Hoechst Celanese Corporation (formerly Virginia Chemicals Company), Bucks, Alabama, to exclude certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR 261.31 and 261.32. Comments will be accepted until March 9,1990. DOJ is lodging a proposed consent decree pursuant to CERCLA in U.S. v. Browning-Ferris Industries. Chemical Services. Inc.. et al.. for the Quanta Resources Corp. site in Edgewater, New Jersey. Comments will be received until February 23,1990. DOJ is lodging a proposed consent decree pursuant to RCRA Section 3008 in U.S. v. Envirite Corporation.. Comments will be received until February 23,1990. 25 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 January 23,1990 (55 PR 2322) (final rule) January 26,1990 (55 FR 2691) (notice) January 26,1990 (55 FR 2776) (proposed rule) January 29,1990 (55 FR 2847) (proposed rule) January 29,1990 (55 FR 2873) (notice of proposed settlement) January 29,1990 (55 FR 2890) (extension of comment period) This rule removes five of the 20 conditionally retained mineral processing wastes from the exemption from hazardous waste regulation provided by RCRA Section 3001(b)(3)(A)(ii)/ often referred to as the Bevill exclusion. Effective date is July 23,1990. This notice announces the EPA's intent to grant an exemption to the Midwest Division of National Steel Corporation of Portage, Indiana, for the continued injection of waste pickle liquor (K062) which is restricted from land disposal under RCRA. Comments will be accepted until February 26,1990. OSHA is proposing a new rule containing the accreditation procedures for training programs required in 29 CFR 1910.120. Comments and information must be received on or before April 26, 1990. Requests for public hearings must be received on or before March 27,1990. EPA is re-opening the comment period on a portion of the proposed delisting decision for Bethlehem Steel Corporation, Lackawanna, New York, which appeared in the Federal Register on April 7,1989, (54 FR 14101). This re-opening of the comment period pertains only to the proposed health-based level for benzo(a)pyrene. Comments will be accepted until February 20,1990. This notice announces a proposed settlement under Section 122(h) of CERCLA for response costs at the Edmond's Salvage Yard site, Dixie County, Florida, with Commercial Metals Company and Florida Power and Light Comments will be considered until February 28,1990. DOJ is extending the comment period on the proposed consent decree in U.S. v. E.I. du Pont Nemours and Company. This notice of proposed consent decree was originally published in the Federal Register on December 28,1989. Comments will be received until February 28,1990. 26 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000 January 31,1990 (55 FR 3237) (notice) January 31,1990 (55 FR 3258) (notice) January 31,1990 (55 FR 3259) (notice) January 31,1990 (55 FR 3259) (notice) This notice announces an EPA workshop on the materials separation requirements in the new source performance standards and emission guidelines for municipal waste combustors that were proposed in the Federal Register on December 20,1989 (54 FR 52209 and 52251). The workshop is open to the public to attend, but, not to participate. The workshop will be held on February 15,1990. This notice announces that EPA will transfer to its contractor, Science Applications International Corporation, information submitted to EPA under RCRA Section 3007 for development and maintenance of a data base for the Medical Waste Demonstration Program. The transfer of data will occur no sooner than February 7,1990. EPA is giving notice of a subcommittee meeting of the Relative Risk Reduction Strategies Committee on February 9,1990. The purpose of this meeting is to discuss environmental risk reduction strategies based, in part, on an evaluation of EPA's 1987 report "Unfinished Business." This notice announces a series of open meetings of the Science Advisory Board's Relative Risk Reduction Strategies Committee. These meetings will be held from March through June 1990. 27 ------- Addressees: Ed Abrams, OS-332 Kate Anderson, OS-520 Wayne Anthofer, OS-305 Devereaux Barnes, OS-330 Beth Behrens, EPA-NEIC 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 RClay, 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, OS420 Terry Feldman, A-108 Tim Fields, OS-210 Lisa Friedman, LE-132S John Gilbert, EPA-Cin., OH Diane Glass, SA-ALC/EM, Kelly AFB, TX Al Goodman, EPA-Portiand, 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 Homer, WH-595 Barbara Hostage, OS-210 Hotline Staff Bob Israel, TS-779 AlvinK.Joe,Jr.,GRC GaryJonesi,LE-134S Ron Josephson, OS-333 Hazardous Waste Division Directors, Regions I-X Hazardous Waste Management Branch Chiefs, Regions I-X Regional Counsel, Regions I-X Regional Libraries, Regions I-X 29 Jim Jowett, OS-210 Thadjuzczak, OS-100 Mitch Kid well, OS-332 Richard Kinch, OS-322 Julie Waas,OS-510 William Kline, OS-322 Bob Kievit, EPA-Olympia, WA Robert Knox,OS-130 Mike Kosakowski, 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 Chae Pak, Region X 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 DaleRuhter,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 Beverly Thomas, OS-420 Jim Thompson, OS-520 Steve Torok, EPA-Juneau, AK Betty VanEpps,OS-240 L. C. Waldo, DOE (DP-122) Hubert Watters, OS-210 Bruce Weddle, OS-301 Steve Wfflhelm, Region 7 Howard Wilson, PM-273 Alex Wolfe, OS-342 Denise Wright, OS-333 Dan Yunnan, OS-100 Tish Zimmerman, OS-220 ------- |