.
               UNITED STATES ENVIRONMENTAL PROJECTION AGENCY
                          WASHINGTON, D.C. 20460

                                            530R90102

                             ••'AV  I 0 I993
                                                           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 February 1990

FROM:     Thea McManus, Project Officer /\
           Office of Solid Waste          '  VT K>

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

   RCRA

   1.   Manifesting Requirements and EPA Identificaton 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. 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 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?
                                               RECEIVED
                                                    MM 2 9 1990

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1.   Manifesting Requirements and EPA Identificaton Numbers (Cont'd)

    Each of the facilities will be  required to obtain its own EPA
    identificaton number. Due to the safety hazard associated with using
    the dam to move wastes from one facility to the other, no effective
    company-controlled connecting right-of-way exists. The facilities  are
    two individual 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.   Underground Storage Tank Exemptions

A facility has a cogeneration process on-site whereby fuel oil #2 is burned
to generate hot water, steam, and electricity. The hot water and steam are
used on-site whereas the electricity is sent off-site and sold to the local
utility.  The fuel  oil used to power the equipment is stored on-site in a
2,000 gallon underground storage tank. Would this tank be exempt from
the underground  storage tank regulations of 40 CFR Part 280, under the
"consumptive use on-site" exclusion of 40 CFR Part 280.12?

    Yes, this underground storage  tank system is exempt because the fuel
    oil is  used consumptively "on the  premises where  stored."  The
    preamble to  the final rule codifying  40 CFR Part 280  (53 FR 37117)
    states  that the  exclusion applies to tanks "storing heating oil that is
    used at the same site."  Although there is no discussion of the status
    of the byproducts from the consumption of this fuel oil, it does not
    matter whether the byproducts are themselves used on the premises
    or elsewhere. It is the comsumption of the fuel oil itself that qualifies
    the tank for the exemption.

Source:        Tom Schruben, UST     (202) 382-5866
Research:      Suzanne Wills

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   3.   Underground Storage Tank Heating Oil Tank Exclusion

   The definition of underground storage tank contains an exclusion for a
   "tank used for storing heating oil for consumptive use on the premise
   where stored." (40 CFR 280.12) Would a utility power plant site with an
   underground tank of No. 2 fuel oil that was periodically used to power an
   on-site  electrical generator meet the exclusion if the resulting electricity
   was sold off-site?

       Yes, the tank would qualify  for the exclusion because it meets the
       three necessary conditions:  1) the definition of "heating oil" includes
       No. 2 fuel oil; (53 FR 37117)  2) the definition of "consumptive use"
       means use on the premises, i.e., the oil is used at the same site where
       stored; (53 FR 37117) and 3) "on the premises where stored" means a
       tank located on the same property where the stored  heating oil is
       used. (53 FR 37118) The off-site selling of the resultant electricity has
       no bearing on qualifying for this exclusion.

   Source:       Tom Schruben, UST     (202) 382-5866
   Research:      Cynthia Hess
CERCLA

   4.   Release of an RO "Into the Environment"

   The April 4,1985 Federal Register (50 FR 13456) discusses releases "into the
   environment" in relation to requirements for notifying the National
   Response Center  of a release of a hazardous substance in a quantity greater
   than or equal to its reportable quantity (RQ).  According to mis preamble,
   "Examples of such releases are spills from tanks or valves onto concrete
   pads or into lined ditches open to the outside air, releases from pipes into
   open lagoons or ponds, or any other discharges that are not wholly
   contained within buildings or structures.  Such a release, if it occurs in a
   reportable quantity (e.g., evaporation of an RQ into the air from a dike or
   concrete pad), must be  reported under CERCLA."  (50 FR 13462)  The
   parenthetical example might lead  one to believe that the  amount that
   evaporated would have to  be greater than or equal to an RQ to be
   reportable.  Is this correct?

       No. In the May 24,1989 Federal Register (54 F.E 22524) EPA addresses
       this subject when it states, "The Agency considers the stockpiling of
       an RQ of a hazardous substance to be a release because any activity
       that  involves  the placement  of a hazardous substance into any
       unenclosed containment structure wherein the hazardous substance

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   4.   Release of an RO "Into the Environment" (Cont'd)

       is exposed to the environment is considered a release."  (54 FR 22526)
       EPA further clarifies its position: "Thus, the placement of an RQ of a
       hazardous substance in an unenclosed structure would constitute a
       'release' regardless of whether an  RQ of the  substance  actually
       volatilizes into the air or migrates into surrounding water or soil."

   Source:        Ivette Vega, OERR      (202) 475-7369
   Research:      Peter Neves
SARA

   5.   SARA Sections 302. 304. and 311/312 Reporting Ranges

   A facility has a mixture which contains extremely hazardous substances.
   The Material Safety Data Sheet (MSDS) for the mixture only indicates a
   range of concentration for its components. For the purposes of reporting
   under SARA Sections 302, 304, and 311/312 of SARA Title m, should the
   facility owner/operator report based on  the lower,  upper, or mid-point
   concentration of each component?

       If the MSDS for  the mixture indicates only a range of concentration
       for its components, then for purposes  of reporting under SARA
       Sections 302,  304, and 311/312 of SARA  Title HI, the facility
       owner/operator  should use the  upper bound  concentration when
       determining the weight of each component in the mixture.  Such
       reporting is consistent with the purpose of Title HI, which  is to
       maximize local  communities' opprtunities  to know about  local
       chemicals and  to plan for emergencies.

   Source:        Kathy Jones, CEPPO     (202)475-8353
                 Kathy Bishop, CEPPO    (202) 382-7912
   Research:      Sicy Jacob


   6.   SARA Sections 302 and 311/312 Reporting Requirements

   The Department of the Army leases property from a private citizen and
   begins to operate a  laboratory on the property.  The Army totally controls
   the laboratory. The owner of the land only has a real estate interest in the
   land and does not control the activities at the laboratory. The owner of the
   land has no employees at the property.  Under SARA sections 302 and
   311/312, who is responsible for reporting?

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6.   SARA Sections 302 and 311/312 Reporting Requirements  (Cont'd)
    The Emergency Planning and Community Right-to-Know Act (Title
    HI of SARA) does not require reporting by Federal facilities because
    Federal facilities are not covered in the definition of person under the
    Act. The Army would have no reporting responsibility under SARA
    section 302 or sections 311/312.  [The Department of the Army has
    issued a statement urging its facilities to report, but if its facilities do
    not report they cannot be held liable under SARA Title HI.]

    However, SARA section 302 provides that the owner or operator of a
    facility which is  subject to the  emergency  planning  requirements
    must comply with the regulations under that section. Therefore, the
    owner is responsible for reporting under SARA Section 302. Under
    SARA section 311/312 the owner or operator of a facility which is
    required to prepare or have available MSDS's must comply with the
    requirements of 40  CFR 370, Subpart B.   The owner of the facility
    whose only  connection to the facility is a real estate interest and has
    no  employees at the facility would not be required to  have MSDS's.
    Therefore, neither the owner nor the operator (i.e., the  Army) would
    be liable for  reporting.

Source:        Kathy Bishop, CEPPO     (202) 382-7812
              Kathy Jones, CEPPO      (202) 475-8353
Research:     Rob Rule
7.   SARA Section 313 Reporting Requirements

A manufacturing facility was shut down on January 30, 1989.  Between
January 1, 1989 and January 30, 1989, the facility manufactured a toxic
chemical in excess of 25,000 pounds, and 10,000 hours had been worked at
the facility. After the manufacturing activities ceased on January 30,1989,
six employees remained to work on electrical wiring and warehouse
activities.  For purposes of reporting under SARA Section 313, does the
facility have to add the working hours of the 6 employees to the 10,000
hours worked during January, 1989 in order to determine if 20,000 hours
or more were worked at the facility during calendar year 1989?

    In calculating the working hours, the manufacturing facility has to
    include the 6 employees who worked after the facility ceased actual
    manufacturing operations, regardless of the type of work they did [the
    number of hours worked do not necessary correlate directly to the

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7.   SARA Section 313 Reporting Requirements (Cont'd)

    manufacturing activities].  If, during the 1989 calendar year, the total
    working hours at the facility is equal to or in excess of 20,000 hours,
    the facility owner and operator is subject to reporting for that calendar
    year, (see 40 CFR 372.22)

Source:       Sam Sasnett, OTS       (202) 382-3821
Research:     Ming Tan
8.    SARA Section 313 Reporting Requirements

 A facility owner sold a quarter of his plant to another company.  This
purchase transaction was finalized January 15, 1989.  The quarter of the
plant that was sold was moved to its new location in April of the  same
year. During the period between sale and move, the entire facility kept
operating.  For purposes  of reporting under SARA Section 313, is the
original owner responsible for 1989 reporting for the part of the facility
that  was sold?

     From the time of the purchase transaction on January 15, there are
     two separate  facilities with two non-related owners and separate
     operators.  Therefore, the original owner only needs to report  three
     quarters of the facility, if s/he manufactured, processed, or otherwise
     used a toxic chemical  equal to or in excess of a threshold amount for
     1989. (NOTE: The original owner would  also include  in threshold
     and release calculations any activities that went on in that part of the
     facility that was sold  from the beginning of January 1989 up to the
     time  of the purchase  transaction.) The owner of the quarter of the
     facility also needs to report,  if that facility exceeds the reporting
     threshold during the period of January 15,1989 thru April 1989.  Once
     the facility  is moved  to its  new  location, a  new  threshold
     determination must be made for the remainder of the calendar year.
     However, the  original owner and purchaser may agree (in  their
     purchase transaction, for example) that the original owner will
     prepare and submit reports that reflect activities that occured at the
     portion of the facility that was sold prior to its moving to the new
     location.

Source:        Sam Sasnett, OTS        (202) 382-3821
Research:      Ming Tan

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9.   SARA Section 313 TRI Identification Numbers

The owner/operator of Poultry Products submits a Form R in 1987 and
receives a TRI identification number. The following year Poultry Products
is bought by Allen Family Foods and reports the new name on its 1988
Form R.  Is the TRI identification number changed to reflect the change in
the facility name?

    No, the TRI identification number is established by the first Form R
    submitted by the facility.  This identification number is retained by
    the facility even if the facility changes ownership and name. This
    identification number will stay with this facility as long  as the  facility
    location does not change.  The TRI identification number remains
    the same even if the facility changes names, production processes, SIC
    codes, etc.  The only time the TRI identification will change is when
    the facility physically moves to a new location.

Source:       Doug Sellers, OTS-IMD  (202) 382-3598
Research:     Rob Rule

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H.    ACTIVITIES—FEBRUARY 1990

   1.  The RCRA/Superfund  Hotline  and  Emergency  Planning and
      Community Right-to-Know Hotline responded to 17.563 questions
      and requests for documents in February. The breakdown is as follows:

                                RCRA Superfund  UST  CEPP

   Information Calls              4,795    1,278     815  5,117 = 12,005
   Call Document Requests        2,864     200     200   651 =  3,915
   Written Document Requests       275       15       2     24=   316
   Referrals (Calls & Documents)    *967	**360 =  1327
   Totals                         8,901    1,493    1,017  6,152  =17,563
 A.   RCRA/Superfund Hotline Activities

   2.  On February 2, 20 and 27, Denise Sines, Hotline Project Director,
      attended the OSWER Communications Meetings.

   3.  On February 5,  Denise Sines, Hotline Project  Director and Craig
      Campbell,  Senior Information Specialist, met  with Bruce Diamond,
      OWPE, to  discuss  Hotline operations  and related enforcement
      program issues.

   4.  On February 6, Gwen Herron, Senior Hotline Information Specialist,
      attended the OUST staff meeting.

   5.  On February 7, Todd Gold, OSWER, briefed the Hotline on the revised
      NCP.

   6.  On February 13, Joe Nixon, Senior Program Manager, attended the
      OSWER Communication meeting.

   7.  On February 14, Cynthia Hess, Hotline Information Specialist, briefed
      the Hotline on how court decisions affect EPA policy.

   8.  On February 21, Kevin Dunn, Hotline Information Specialist, briefed
      the Hotline on issues related to the retention of the Bevill Exclusion
      when co-fired with hazardous waste in boilers and industrial furnaces.

   "This number represents AH referrals received by the RCRA/Superfund/UST section of the
      Hotline.

   This number represents All referrals received by the CEPP section of the Hotline.

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B.    Emergency Planning and Community Right-to-Know Information
      Hotline Activities

   9.  On February 28 Kevin Dunn, Hotline Information Specialist, briefed
      the Hotline on different aspects of the Boiler and Industrial Furnace
      Rules.

   10. On February  1, Rob Rule, Ming Tan,  and  Henley Jones, Hotline
      Information Specialists, attended a meeting with Eileen Gibson/OTS-
      ETD on the uses of the TRI data.

   11. On February  1,  Bill Whittington, Hotline  Information Specialist,
      attended a screening of the SARA Title  HI video "What it Means to
      You."

   12. From February 5 to February 8, Dan Irvin, Hotline Senior Information
      Specialist, attended a Chemical  Safety Audit  training course  in
      Philadelphia, PA.

   13. On February  6, Tami McNamara, Hotline Information Specialist,
      attended  the  Title  III  Implementation Workgroup meeting on the
      status of Title in activities.

   14. On February 6, Ken Mitchell, Hotline Section Chief, attended the TRI
      Analysis Coordination Subgroup meeting on TRI  data quality and
      uses.

   15. On February 7, Ken Mitchell, Hotline Section Chief, met with Laurie
      Solomon/CEPPO and Lee Ann duFief/OTS-ETD on the status of the
      Title HI Hotline.

   16. On February  7, Tami McNamara, Hotline Information Specialist,
      attended the Title HI Outreach Subcommittee meeting on the status of
      the Title HI communication strategy.

   17. On February 7, Rob Rule, Hotline Information Specialist, attended the
      Regional  Section 313 coordinators conference call on the  status of
      Section  313 activities.

   18. On February 12, Ken Mitchell, Hotline Section Chief, Jim Buchert, Dan
      Irvin, and Bill Whittington, Hotline Information Specialists, attended
      the Section 313 Interpretive  Guidance  Subgroup  meeting on the
      interpretation of questions related to Section 313.

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8.    Emergency Planning and Community  Right-to-Know Information
      Hotline Activities (cont'd)

   19. On February  13, Ken Mitchell, Hotline Section  Chief, attended a
      meeting with Kathy Franklin/OTS-ETD and Anne Giesecke/EAD at
      the National Food Processors Association on Section 313 and the food
      processing industry.

   20. On February  14, Ken Mitchell, Hotline Section  Chief, attended a
      meeting with Laurie Solomon/CEPPO and Lee Ann duFief/OTS-ETD
      on the status of the Title ffl Hotline.

   21. On February 14, Tami McNamara, Henley Jones, and Bill Whittington,
      Hotline Information Specialists, attended the TRIMS staff meeting on
      Earth Day and a screening of the Title HI video  "What it Means to
      You."

   22. On February  24, Tami McNamara,  Hotline Information Specialist,
      attended  the CEPPO staff meeting on the status of program  office
      activities.

   23. On February  21, Dan Irvin, Hotline Senior Information Specialist,
      attended  the  TRIMS  staff meeting on the  status  of Section 313
      activities.

   24. On February 21, Ming Tan, Hotline  Information Specialist, attended
      the Title HI Outreach Subcommittee meeting on the status of the Title
      HI communication strategy.

   25. On  February  21,  Bill Whittington and Henley  Jones, Hotline
      Information Specialists, attended a meeting on the  response structures
      in place for responding to oil spills.

   26. On February 22, Sicy Jacob, Hotline  Information Specialist, attended
      the NRT meeting on the status of Federal Preparedness and Response
      activities.

   27. On February  22, Dan Irvin, Hotline Senior Information Specialist,
      attended the Regional Title III Outreach Coordinators conference call
      on the Status of the Title HI communication strategy.

   28. From  February 27 to  February 28,  Tami  McNamara, Hotline
      Information Specialist, attended a meeting sponsored by EPA,  the
      Delaware State Emergency Response Commission, and  the Chemical
      Manufactures Association, entitled "The LEPC, Making it Work."
                                  10

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8.    Emergency Planning and Community Right-to-Know Information
      Hotline Activities (cont'd)

   29. On February 27, Sicy  Jacob, Bill  Whittington,  and Henley Jones,
      Hotline Information Specialists,  attended the  Regional Section 313
      coordinators conference call on the status of Section 313 activities.

   30. On February 28, Ken Mitchell, Hotline Section Chief,  met with Laurie
      Solomon/CEPPO on the status of the Title m Hotline.

   31. On February 28, Ming Tan, Bill  Whittington,  and Henley Jones,
      Hotline  Information Specialists, attended the  Title  III Outreach
      Subcommittee meeting  on the status of the Title El communication
      strategy.
                                  11

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III. ANALYSES OF QUESTIONS—February 1990




                             RCRA/Superfund Hotline



Summary of Calls by EPA Region
Total  = 11,411
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
6.1%
8.4%
20.4%
1 1 .4%
16.3%
10.0%
Region 7
Region 8
Region 9
Region 10
International Calls
4.0%
10.0%
14.4%
4.3%
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/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
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Medical/Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
Solid Waste Recycling
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
114
26
3
20
91
80
25
                                     12

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RCRA-TSDF/264 and 265
A Scope/Applicability
B General Facility Standards
C Preparedness/Prevention
D Contingency Plans
E Manifest/Recordkeeping/Rptg.
F Ground-Water Monitoring
G Closure/Post Closure
H Financial Requirements
1 Containers
J Tanks
K Surface Impoundments
L Waste Piles
M Land Treatment
N Landfills
Liquids in Landfills
0 Incinerators
P Thermal Treatment
Q Chem., Phys., Biol Treatment
Underground Storage Tanks
General
§280.10 Applicability
§280.11 Interm Prohibition
§280.12 Definitions - General
UST
Regulated Substance
§280 B New UST Systems - General
§280.20 Performance Stds.
§280.21 Upgrading
§280.22 Notification
§280 C General Operating Red.
§280 D Release Detection
§280 E Release Rpt. & Investigation
75
23
6
20
20
16
79
45
1 1
27
50
20
10
5
40
8
35
10


171
110
0
31
55
30
20
14
20
30
6
86
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

2
5
1 0
218
70
82
160
8
47
25
30
9
15
42
6
17
35
2,864
7,659

20
30
8
80
35
25
25
9
10
200
1015

13

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CERCLA
Access & Information Catherine
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 Form Sent/FOIA
Form Letter Sent/Need More Info.
Requests Filled - RCRA
- CERCLA
-UST
SUBTOTAL
45
10
5
33
98
8
17
31
10
10
6
10
15
7
22
27
14
5
70
16
62
25
26
18
8
5
3
45
40
186
0
27
6
0
0
0
0
275
15
2
325
Off-Site Policy
On-Site Policy
CSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ro
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Riqht-to-Know
CERCLA Document Requests
CERCLA SUBTOTOAL
Referrals
Referrals - EPA HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC
ORD/Dockets
Other
SUBTOTAL

10
3
2
15
19
3
4
7
5
18
17
8
21
18
133
1 1
19
18
12
8
50
200
1,478

17
173
160
259
100
170
55
934

14

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            Emergency  Planning Community Right-to-Know Information Hotline
                    Daily/Monthly  Summary Report—February 1990
CEPP Total Calls:  5,117
Total Document Requests: 651
Total Written Requests:   24
Distribution of Calls by EPA Regions
Region 1
Reaion 2
Region 3
Region 4
Region 5
International
10.3%
10.6%
17.4%
7.7%
23.8%
0.02%
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown •
7.2%
4.4%
3.1%
10.5%
3.4%
1.1%
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 Mffl. (%)

(Title III General

§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
4.40%
0.02%
1 .50%
0.60%
1.10%
0.60%
2.10%
2.60%
1 1 .60%
2.70%
2.90%
0.30%
1 .70%
3.00%
4.40%
1 .70%
2.80%
2.30%
1 .50%
1 .90%
1.10%
50.32%|

291

70
59
34
61
28
Distributors
Handlers
Attorneys
Consultants/Engineers
Laboratories
Trade Associations
Public Interest Groups
Universities/Academia
Insurance Companies
Hospitals
State Agenties/SERC
Fire Departments
EPA
Local Officials
LEPC
Farmers
Federal Agencies
Media/Press
Union/Labor
Citizens
Indians
Other

SUBTOTAL (%)

Delisting EHS
Exemptions
(SUBTOTAL (%)

2.60%
4.60%
5.20%
13.40%
1 .00%
1 .20%
0.10%
2.00%
0.09%
0.86%
1 .80%
1 .00%
2.30%
1 .60%
1 .00%
0.20%
1.10%
0.60%
0.06%
3.50%
0.06%
3.90%

6.00%l

29
25
(423) 8.70%l

Extremely Hazardous Substances OJST/EPCRA
                                     15

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§311/5312
General
MSDS Reporting Requirements
Tier I/I I Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
ISUBTOTAL (%) (2,267)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
ISUBTOTAL (%) d,826)
Referrals
osw
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
REFERRALS SUBTOTAL
476
290
821
467
33
43
61
76
44.70%|

728
759
112
54
1
5
99
18
50
0
36.10%I

88
1
2
83
22
36
128
360

DOCUMENT REQUEST
SUBTOTAL
651

WRITTEN REQUESTS SUBTOTAL
24!
       Training;  General
       §305 Training Grants
       §305 Emergency Systems Review
       §126 (SARA) Training Regulations
       ISUBTOTAL (%)
 (11)   0.19%l
       CEPP:  Interim Guide
       Interim Guide
          1 1
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
3
12
8
1
0
0
       Prevention ARIP
       Other
       [SUBTOTAL (%)
(43)    2.64%|
       Trade Secrets
       ISUBTOTAL (%)
 (18)   0.40%l
       Enforcement
       [SUBTOTAL (%)
  (8)   0.20%|
       Liability
       ISUBTOTAL (%)
  (2]   0.04%l
       Release Notification
General
Notification Requirements
Reportable Quantities
RQsvs.TPQs
CERCUWs. 5304
Transportation
Exemptions
76
29
53
28
28
2
12
       ISUBTOTAL (%)
(228)   4.34%l
       RCRA/SUPERFUND/UST/EPCRA
       CALLS, DOCUMENT REQUSTS AND
       REFERRALS GRAND TOTAL	17.5631
16

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IV.   Publications - February. 1990

RCRA

    The following documents are available through the RCRA Docket at
    (202) 475-9327:
       "Report on Minimum Criteria to Assure Data Quality." The Order
       No. is EPA/530-SW-90-021.

       "Decision-Makers Guide to Solid Waste Management, Volume I."
    The following documents are available from the RCRA/Superfund
    Hotline:

       "Environmental Fact Sheet:  Plastics:  The Facts About Production,
       Use, and Disposal." The Order No. is EPA/530-SW-90-017A.

       "Environmental Fact Sheet:  The Facts About Plastics in the Marine
       Environment."  The Order No. is EPA/530-SW-90-017B.

       "Environmental Fact Sheet: Plastics: The Facts on Source
       Reduction." The Order No. is EPA/530-SW-90-017C.

       "Environmental Fact Sheet:  The Facts on Degradable Plastics."  The
       Order No. is EPA/530-SW-90-017D.

       "Environmental Fact Sheet:  The Facts on Recycling Plastics." The
       Order No. is EPA/530-SW-90-017E.

       "Office Paper Recycling: An Implementation Manual." The Order
       No. is EPA/530-SW-90-001.

       "RCRA Section 3016-1988 Inventory of Federal Hazardous Waste
       Activities Final Report."
                                 17

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RCRA (cont'd)

    The following documents are available from the sources indicated:

        "Wastepaper Recycling: Programs of Civil Agencies Waned in the
        1980's" is available from the General Accounting Office at
        (202)275-6241.

        "Title 40: Code of Federal Regulations" Parts 190-299, dated July 1989,
        is available from the Government Printing Office at (202) 783-3238.

        "Overview of Selected EPA Regulations and Guidance Affecting
        POTW Management" is available from Ohio State University as
        follows:

            Instruction Resource Center (IRC)
            1200 Chambers Rd., Rm. 310
            Columbus, OH 43212
            (614) 292-6717
            The Order No. is 136-U and the cost is $3.32 per copy.


CERCLA

    The following document is available through the CERCLA Docket at
    (202) 382-3046:

        "Hot to Obtain Superfund Information."  The OSWER Directive No.
        is 9200.5-405/FS.
    The following documents are available from the sources indicated:

        "OSWER Comparative Risk Project, Executive Summary and
        Overview" is available from the Office of Research and Development
        at (513) 569-7562. The Order No. is EPA/540/1-89/003.

        'Title 40: Code of Federal Regulations" Parts 300-399 is available from
        the Government Printing Office at (202) 783-3238. The Order No. is
        869-007-00145-1.

        "Assessment of Technologies for the Remediation of Radioactively
        Contaminated Superfund Sites:  Interim Final Draft" is available
        from the Office of Radiation Programs at (202) 475-8386. The Order
        No. is EPA/520/1-89/004.
                                  18

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
V. FEDERAL REGISTER NOTICES - FEBRUARY 1990
Former Notices With Open Comment Period
October 17,1989 (54 FR 42568)
(notice)
October 31,1989 (54 FR 46012)
(proposed policy)
December 12,1989 (54 FR 51071)
(request for comment)
December 20,1989 (54 FR 52190)
(proposed rule)
December 20,1989 (54 FR 52207)
(proposed rule)
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 were accepted until February 16,
1990.

The EPA issued a proposed guidance  document to
implementSectionll9of 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. Comments
were accepted until February 2,1990.

EPA published  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 were accepted until February 12,1990.

Under the Clean Air Act, EPA proposed 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 will be accepted until March 5,1990.

Under the Clean Air Act, EPA proposed  to add a new
performance specification to allow the  performance
testing of carbon monoxide  continuous emissions
monitoring systems at municipal waste combustion
facilities.  Comments will be accepted until March 12,
1990.
                                      19

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro ft 202/382-3000
December 20,1989 (54 FR 52209)
(proposed guidelines)
December 20,1989 (54 FR 52251)
(proposed rule)
December 27,1989 (54 FR 53184)
(extension of comment period)
December 28,1989 (54 FR 53381)
(notice of proposed consent
decree)
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)
Under the Clean Air Act, EPA proposed  to  add
regulations to limit emissions from new, modified, and
reconstructed municipal waste combustors. Comments
will be accepted until March 1,1990.

Under the Clean Air Act  EPA proposed  to  add
regulations to limit emissions from new, modified, and
reconstructed municipal waste combustors. Comments
will be accepted until March 1,1990.

EPA extended  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 were accepted until February 2,1990.

This notice  announces the lodging  of  a proposed
Department of Justice (DOp 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
inCamanche,Iowa. A Tanuary 29.1990. Federal Register
notice extended the comment period until  February 28,
1990. Comments were accepted until February 28,1990.

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 were accepted 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
were accepted 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
AlleghenyCounty,Maryland. Comments were accepted
until February 4,1990.
       20

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
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)
January 9,1990 (55 FR 788)
(notice of proposed consent
decree)
January 11,1990 (55 FR 1115)
(notice of proposed consent
decree)
January 18,1990 (55 FR 1726)
(notice)
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 were 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 were accepted 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 Pit
site in Lanesborough, Berkshire County, Massachusetts.
Comments were accepted until February 8,1990.

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 were accepted until February 8,1990.

DOJ is lodging a proposed consent decree pursuant to
CERCLA in U.S. v. Yaworski. Inc.. et al.. and State of
Connecticut v.  Yaworki. Inc.. et al.. for cleanup of the
Yaworski  Lagoon  Superfund site  in Canterbury,
Connecticut. Comments were accepted until February
10,1990.

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. Comments were accepted
until February 12,1990.
                                       21

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
January 18,1990 (55 FR1741)
(notice of proposed consent
decree)
January 18,1990 (55 FR 1770)
(notice)
January 19,1990 (55 FR 1881)
(notice of proposed consent
decree)
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)
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 were accepted until February 17,1990.

Agency for Toxic Substances and Disease Registry
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 were accepted until February 18,
1990.

EPA is proposingtograntapetition 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 contamedin40CFR261.31 and261.32. Comments
were accepted until March 9,1990.

DOJ is lodging a proposed consent decree pursuant to
CERCLAinUS. v. Browning-Ferris Industries. Chemical
Services. Inc. etal.. for the Quanta Resources Corp., site
in Edgewater, New Jersey.  Comments were accepted
until February 23,1990.

DOJ is lodging a proposed consent decree pursuant to
RCRA  Section 3008  in U.S. v.  Envirite Corporation.
Comments were accepted until February 23,1990.
                                       22

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
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)
January 31,1990 (55 FR 3237)
(notice)
This notice announces 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 were accepted until February
26,1990.

OSHA  is proposing  a new rule  containing the
accreditation procedures for training programs required
in 29 CFR1910.120. 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 were 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 were accepted until February 28,
1990.

DOJ is extending the comment period on the proposed
consent decree in U.S. v. E.I. duPont de Nemours and
Company. This notice of proposed consent decree was
originally published in the Federal Register on December
28,1989.  Comments were accepted until February 28,
1990.

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 public attendance, but, not to
participate. The workshop was held on February 15,
1990.
                                       23

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                              RCRA/Supeifund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
January 31,1990 (55 FR 3258)
(notice)
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 occurred no sooner than February 7,
1990.
February Federal Register Notices

February I,1990 (54 FR 3481)
(notice)
February 8,1990 (55 FR 4478)
(public meeting notice and extension
of comment period)
February 8,1990 (55 FR 4400)
(reopening comment period with
notice of data availability)
This notice announces the temporary dosing of the
RCRA docket for facility reconstruction. The staff will
continue to receive written comments on the proposed
exclusion (Hoescht Celanese Corporation). The docket
was dosed from February 5,1990 through February 9,
1990.

This notice announces a public meeting to receive oral
comments on  the proposed  guidance document  to
implement Section 119 of CERCLA. Also, the period for
submission of written comments  was  extended  to
February 27,1990. The meeting was held on
February 20,1990 in Washington, D.C.

This notice reopens the comment period for amending
Subtitle C of  RCRA hazardous waste  testing and
monitoring regulations  by incorporating the Third
Edition of 'Test Methods for Evaluating Solid Waste
Physical/Chemical Methods",  (SW-846).   EPA  is
considering in addition to the option of promulgating
the rulemaking as proposed, (Janaury 23,1989, 54 FR
3212) a number of technical modifications  and/or
darification to the Third Edition of SW-846, and the
indusion of specific QC procedures. Additionally, the
Agency is considering deleting Appendices HI and X.
(40 CFR Part 261) Comments will be accepted until
March 12,1990.
                                       24

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
February 9,1990 (55 FR 4680)
(notice)
February 9,1990 (55 F£ 4679)
(notice)
February 9,1990 (55 FR 4604)
(immediate final rule)
February 12,1990 (55 FR 9915)
(lodging of consent decree)
February 12,1990 (55 FR 4916)
(lodging of consent decree)
February 13,1990 (55 FR 5136)
(final rule)
This notice announces the Science Advisory Board's
Environmental Engineering Committee (EEC) meeting.
The meeting will examine a number of topics including
leachability initiative, municipal solid waste research,
and remedial clean-up in the Superfund Program. The
EEC meeting  was  held  February 27-28, 1990,  in
Washington, DC.

This notice announces the availability of a Workshop
Report on Use of Human Evidence in Risk Assessment,
commenting on the scientific foundation for possible
changes in the human, evidence sections of EPA's 1985
Carcinogen Risk Assessment Guidelines. (September
24,1986,51 FR 33992) It is available for viewing at the
Public Infornation Reference Unit, EPA Headquarters
Library and available for purchase through ORD (Order
No. EPA/625/3-90/017).

EPA is  approving specified RCRA non-HSWA final
authorization revisions to the New Mexico hazardous
waste management program.  Final authorization will
be effective April 10,1990,unless adverse public comment
shows the need for further review.  Comments will be
accepted until March 11,1990.

This notice announces the  lodging of a DOJ consent
decree pursuant to CERCLA  in U.S. v. Allied Signal.
Corporation, et al.

This notice announces the  lodging of a DOJ consent
decree pursuant to CERCLA in U.S. v  Great Lakes
Development Company, et al.

The Agency for Toxic Substances and Disease Registry is
finalizing regulations dealingwiththeconduct of ATSDR
health assessments and health effects studies.  These
new regulations, at 42 CFR Part 90, set forth procedures
for ATSDR to conduct health assessments  under
CERCLA and RCRA. These regulations also include
procedures for persons  to request ATSDR to conduct
health assessments, provisions for the notification of
parties of the results of health assessments and health
effects   studies,  and provisions for  cost recovery
accounting. These rules became effective February 13,
1990.

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                              RCRA/Superfund Hotline
             National Toll Free # 800/424-9346, Washington DC Metro # 202/382-3000
February 14,1990 (55 FR 5265)
(notice)
February 14,1990 (55 FR 5340)
(final rule)
February 15,1990 (55 FR 5502)
(notice)
February 16,1990 (55 FR 5600)
(notice)
February 20,1990 (55 FR 5861)
(notice and request for comments)
EPA is giving notice of its intent to grant an exemption
to Allied-Signal, Inc., Danville, Illinois, for the continued
injection of EP-Toxic Arsenic wastes (D004), otherwise
prohibited from land disposal under RCRA. Comments
will be accepted until March 26,1990.

EPA is amending the F019 listing to exclude wastewater
treatment sludges from the zirconium phosphating step,
when such phosphating is an exclusive process in the
aluminum can washing process, because the Agency
believes that such sludges do not pose  a substantial
hazard to human health or the environment and should
not be regulated as hazardous waste. In addition, the
Agency  is removing these zirconium  phosphating
sludges from the list of hazardous substances under
Table 302.4. This regulation became effective
February 14,1990.

Notice of Agency information collection activities under
OMB review.  The EPA collection activities include:
hazardous waste manifest for generators, transporters,
and   disposal  facilities;  financial  responsibility
requirements for hazardous waste managementfacilities;
and use of groundwater data in delisting decisions.

EPA published a compliance schedule for Kentucky to
modify its hazardous waste program in accordance with
40 CFR Section 271.21(g) to adopt the Federal program
modifications.

EPA has received a complete application from the State
of Mississippi reguesting  final approval of  its
underground storage tank (USD program under
Subtitle I of the Resource Conservation and Recovery
Act(RCRA). EPA has reviewed Mississippi's application
and made the tenative decision mat their program
satisfies all requirements necessary for final approval. A
public hearing will be held April 3,1990. Comments wil
be accepted until April 13,1990.
                                       26

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                              RCRA/Superfund Hotline
             National ToU Free # 800/424-9346, Washington DC Metro # 202/382-3000
February 21,1990 (55 FR 6045)
(notice)
February 21,1990 (55 FR 6154)
(final rule)
February 22,1990 (55 FR 6308)
(notice and request for comments)
February 22,1990 (55 FR 6309)
(notice and request for comments)
February 27,1990 (55 FR 6847)
(consent decree clarification)
This is a notice of Agency information collection activities
under OMB review. The EPA information collection
activities include:  RCRA Hzardous Waste Permit
Application Part A; and Notification of Regulated Waste
Material.

This rule amends the National Contingency Plan (NCP)
by revising the National Priorities List (NPL) in
40 CFR Part 300, Apendix B. EPA is adding 71 sites to the
NPL, including 14 Federal Facility sites.

The EPA will transfer to its contractors information
which has been, or will be submitted to EPA under the
authority of the Resource Conservation and Recovery
Act (RCRA). The EPA contractors are conducting cost
and economic analyses of RCRA waste programs and
regulations, analyses of environmental and human health
effects, cost and risk comparitive analyses, regulatory
support, data collection and management which may
include  support to the RCRA Confidential Business
Information Docket. Some of the information may have
a claim  of business confidentiality.  The transfer  of
information will occur no sooner man March 1,1990.

The EPA will transfer to its contractors information
which has been submitted under the  "Rulemaking
Petitions" Regulations (40 CFR 260.20 and 260.22) and
under the Hazardous and Solid Waste  Amendments
(HSWA) of 1984. These firms will use this information
to review and assess the completeness of the delisting
petitions submitted. Some of die information may have
a claim  of business confidentiality.  The transfer  of
information will occur no sooner than March 1,1990.

EPA gives notice that the U.S. v. Envirite Corporation
lodging of a DOJ consent decree on January 23,1990, (55
FR 2268) applies only to the facility located in Thomaston,
Connecticut. The consent decree does not apply to, or in
any way affect, Envirite's operation at its other facilities.
                                       27

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                              RCRA/Superfund Hotline
             National Toll Free ft 800/424-9346, Washington DC Metro ft 202/382-3000
February 23,1990 (55 FR 6444)
(notice and request for comments)
February 26,1990 (FR FR 6640)
(response to court remand)
February 23,1990 (55 FR 6444)
(notice and request for comment)
EPA gives notice in accordance with CERCLA that a
proposed  administrative cost recovery settlement
concerning the Edwards Road site in Coalburg, West
Virginia was issued by the Agency on December 29,
1989. Comments will be accepted until March 26,1990.

EPA gives notice to clarify its use of technology-based
standards over risk-based screening levels with respect
to Best Demonstrated Available Technology (BOAT) for
land disposal restriction regulations as first used in the
November 7,1986, final rule (51 FR 40572). On
September 15,1989, a panel from theU.S. Circuit Court
of Appeals for the District of Columbia found that EPA's
selection of technology-based treatment standards were
reasonable based upon interpretation of Section 3004(m)
of RCRA. The review was based on a number of groups
filingpetitions which challenged EPA's technology based
standards choice. The panel also concluded that EPA
failed to adequately explain its policy preference and
remanded the rule to the Agency to either clarify the
selection or withdraw the final rule.

EPA gives notice in accordance with CERCLA that a
proposed  administrative cost recovery settlement
concerning the Spectron, Inc., site in Elkton, Maryland
was issued by the Agency on August 21,1989. Comments
will be accepted until March 26,1990.
                                       28

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List of 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 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
LeeDuFief,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
Diane Glass, SA-ALC/EM, KeUy AFB, TX
Al 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
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
Thad Juzczak, OS-100
Mitch Kidwell, OS-332
Richard Kinch, OS-322
Julie Klaas, 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
ChaePak, 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
Dale Ruhter, OS-320
William Sanjour, OS-332
PamSbar,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
Beverly Thomas, OS-420
Jim Thompson, OS-520
Steve Torok, EPA-Juneau, AK
Betty VanEpps, OS-240
L. C Waldo, DOE (DP-122)
Hubert Walters, 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

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