RECEIVED
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
530R90111
MAR 4 MS)
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: Final Monthly Report-RCRA/Superfund Industry Assistance and
Emergency Planning and Community Right-To-Know Information Hotline
Report for November 1990
FROM: Bartarafoih; Project Officer
Office of Solid Waste
TO: See List of Addressees
This Report is prepared and submitted in support of Contract Nos. 68-01-7371 and
68-WO-0039.
I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES-NOVEMBER 1990
RCRA
1. Mixture Exclusion
A generator meets the mixture rule exclusion of 40 CFR Section 261.3(a)(2)(iv)(A)/ by
proving that the concentrations of trichloroethylene in his waste stream before it
enters the headworks of his wastewater treatment facility is below one part per
million. This wastewater treatment facility produces a sludge which exhibits a
hazardous characteristic. Does the mixture rule exclusion also apply to the sludge
produced in the generator's wastewater treatment facility? Or is this sludge a newly-
generated hazardous waste subject to full RCRA regulation?
rA sjudge generated from a wastewater mixture that meets all of the criteria
' - : : Deified in Section 261.3(a)(2)(iv) Would be exempted from the hazardous
waste listing because the original wastewater mixture became exempt at the
headworks of the WWTF. The exemption prevents the mixture and derived-
from rules from operating for certain listed wastes. (They can only apply
when the original material is a hazardous waste.) In addition, the mixture
rule exemption would not apply if the wastewater met another listing .
Printed on Recycled Papt
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1. Mixture Exclusion (Cont'd)
The sludge, moreover, might be a hazardous waste for other reasons. For
example, the exemption criteria in Section 261.3(a) (2) (iv) are carefully
limited. They do not apply to any waste that exhibits a hazardous waste
characteristic. Consequently, as the question already states, the sludge would
be a hazardous waste if it failed any of the characteristic tests.
Source: Ron Josephson, OSW (202) 475-6715
Research: Kenneth Sandier, GRC
SARA TITLE III
2. SARA Title in Sections 311 and 312 Applicability
A construction company is contracted by a manufacturing company to perform
work at the manufacturer's site. The construction company brings hazardous
chemicals onto the site to perform its construction activities. During normal
conditions of use as well as in foreseeable emergencies, only employees of the
construction company will be exposed to any of the hazardous chemicals brought to
the site by the construction company. Is the manufacturing company responsible for
reporting, under SARA Title ffl Sections 311 and 312, on the hazardous chemicals
brought onto its site by the construction company?
No. It is the responsibility of an owner or operator who is required by the
Occupational Safety and Health Commission (OSHA) to prepare or have
available a Material Safety Data Sheet (MSDS) for a hazardous chemical to
report on those chemicals under SARA Title HI Section 311 and 312. In the
above scenario, the employer of the construction workers is the person who is
required by OSHA to prepare or have available a MSDS for the hazardous
chemicals that are brought onto the manufacturer's site to perform the
contracted work. The employer of the construction workers operates a
facility during the construction phase and should, therefore, report on these
hazardous chemicals if applicable thresholds are met. For purposes of SARA
jTjitle IP Sections 311/312, the manufacturing company is not required to .
*: ft^r into threshold calculations or report on any amounts of hazardous
chemicals brought on site by the construction company because the
manufacturer is not required to prepare or have available an MSDS for these
chemicals under the OSHA regulations.
Source: Kathy Jones, CEPPO (202) 475-8353
Research: Kenneth Mitchell, Ph.D., GRC
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3. SARA Sections 304 and 311/312 Exemption from the Definition of a
"Hazardous Chemical"
A medical facility uses liquid nitrogen to cool the magnet of a nuclear magnetic
resonance spectrometer. The spectrometer is used for medical diagnostic purposes.
In addition, the facility is required by OSHA to have an MSDS available for the
liquid nitrogen. Is the liquid nitrogen at the facility considered a hazardous
chemical for purposes of SARA Sections 304 and 311/312?
No. Section 311(e)(4) of SARA Title m and 40 CFR 370.2 and 355.20 of the
regulations exclude from the definition of "hazardous chemical" any
substance to the extent it is used in a research laboratory or a hospital or other
medical facility under the direct supervision of the technically qualified
individual. For purposes of SARA Section 304 and 311/312, EPA considers
this exemption to apply to chemicals that are used in machines or instruments
that are directly used for medical or research purposes (e.g., medical
diagnostic equipment, incubators, and oxygen at a hospital or in an
ambulance). This exemption does not apply to chemicals used in machines or
instruments that serve an ancillary function to the medical or research
machines or instruments (e.g., fuel to run a hospital operating room
emergency power generator). The exemption would also not apply to
chemicals used in machines or instruments that do not have a direct medical
or research purpose (e.g., fuel to run an ambulance or other facility vehicles
or an autoclave used to sterilize instruments).
Therefore, this exemption would not apply to building cleaning supplies used
in research or medical facilities even though they may be used under the
supervision of qualified individuals.
It is important to note that the exemption applies to the substances rather
than the facility. Under Section 302 of the law, there are no exceptions.
Under Sections 311 and 312, only those substances which are used for medical
or research purposes in medical or research facilities are exempt. Medical or
research facilities may have other hazardous chemicals which are subject to
reporting. These medical and research facilities may also be subject to
reporting under Section 304 if there are any of these other hazardous
chemicals present at the facilities in any amount
r .-«•; .-fj/i:
Source: Kathy Jones, CEPPO (202)475-8353
Research: Bill Whittington, GRC
Kenneth Mitchell, Ph.D., GRC
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n. AcnvrnES - NOVEMBER 1990
1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-
to-Know responded to 8,924 questions, referrals and requests for documents in
November. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Questions 1,864 302 120 2,152 = 4,438
Call Document Requests *3,131 241 178 320=3,870
Referrals "221 ^r — ***395 = 616
Totals 5,216 543 298 2,867 = 8,924
RCRA/Supcrfund Hotline Activities
2. To ensure a smooth transition from one contractor to another, no technical
meetings were held this month with EPA staff. Therefore, there are no technical
RCRA/SF hotline activities to report for the month of November.
Emergency Planning and Community Right-to-Know Information Hotline
Activities
3. On November 6, Kenneth Mitchell, Hotline Section Chief, attended the Title HI
Implementation Workgroup meeting on the status of Title TEL Activities.
4. On November 7, Rich Whittington, Hotline Information Specialist, attended the
Title ffl Outreach Subcommittee meeting on the status of the Title ffl
communication strategy.
5. On November 7, Kenneth Mitchell, Hotline Section Chief, met with Lee DePont/
OTS-ETD and Dorothy McManus/CEPPO on the status of the Title m Hotline.
6. On November 13, Sicy Jacob, Hotline Information Specialist, attended the Title
ffl Outreach Subcommittee meeting on the status of the Title HI communication
strategy.
,'.':'-• ': A • i .' . • (*~
i. On November 14, Rich Whittington,' Hotline information Specialist, attended the
Title IB Outreach Subcommittee meeting on the status of the Title ffl
communication strategy.
* This number represents both written and verbal document requests.
** This number represents all referrals made by the RCRA/Superfund/UST
section of the Hotline.
***
This number represents all referrals made by the CEPP section of the Hotline.
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H. ACTIVITIES - NOVEMBER 1990 (Cont'd)
Emergency Planning and Community Right-to-Know Information Hotling
Activities (Cont'd)
8. On November 14, Kenneth Mitchell, Hotline Section Chief, met with Dorothy
McManus/CEPPO and Laurie Solomon/CEPPO on the status of the Title m
Hotline.
9. On November 15, Kathy Jones/CEPPO briefed the Title m Hotline staff on issues
related to the upcoming CAMEO workshop.
10. On November 16, Bill Whittington, Hotline Information Specialist, attended the
»>• if..% . . iJiC
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III. ANALYSES OF QUESTIONS—Nov. 1990
RCRA/Superfund/UST
Total Calls:
Total Documents Requests:
RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
4.9%
10.0%
22.2%
12.3%
16.4%
8.6%
Region 7
Region 8
Region 9
Region 10
International Calls
2,078
3,550
3.2%
5.6%
12.5%
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/Delistinq
§261.2 Solid Waste Definition
§261.3 Haz. Waste Definition
§261 C Char. Haz. Waste
§261 D Listed Haz. Waste
§261 .4 Exclusions
§261.5 Small Quantity Generator
§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
6.0%
11.0%
1.3%
3.5%
0.1%
1.6%
2.6%
5.3%
2.1%
0.3%
1.1%
169
42
25
6
38
67
209
155
63
13
44
13
75
14
26
44
6
7
20
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 Reclam.
§266 G Spent Lead— Acid Battery
Reclamation
Subtitle D: Municipal Solid Waste
. Subtitle D: Other
Asbestos/PC Bs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Medical/Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
Solid Waste Recycling
28.6%
16.6%
15%
3.4%
1.8%
0.6%
0.4%
0.3%
73%
3.8%
7
18
22
7
6
33
14
14
30
2
13
39
15
1
9
34
22
56
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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 - Gene
§280.20 Performance Stds.
§280.21 Upgrading
§280.22 Notification
§280 C General Operating Req.
§280 D Release Detection
§280 E Release Rpt. & Investigal
22
t1
2
4
4
6
22
10
13
27
6
4
4
9
3
19
1
0
26
7
0
3
4
4
3
1
1
6
3
9
2
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 Calls
RCRA Document Requests
§280 F Corrective Action Petroleu
§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 Calls
UST Document Requests
2
5
68
6
13
91
15
16
13
14
5
5
10
4
4
8
40
1,257
3,131
17
1
7
19
2
1
1
2
1
57
178
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CERCLA
Access & Information Gathering
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
15
2
0
13
28
1
2
5
1
1
1
1
2
1
7
1
3
2
17
0
15
2
17
26
0
0
0
14
15
19
Off-Site Policy
On-Site Policy
OSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
RQ
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Right-to-Know
CERCLA CALLS
CERCLA Document Requests
Referrals
Referrals - EPA HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC
ORD/Dockets
Other
SUBTOTAL
2
0
0
5
10
0
0
1
3
5
1
3
10
37
0
1
5
1
0
1
6
543
241
15
37
37
43
53
36
221
8
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Emergency Planning Community Right-to-Know Information Hotline
Daily/Monthly Summary Report—November 1990
CEPP Total Calls:
2,209 Total Document Requests:
(Written and Verbal)
320
Distribution of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
8.6%
10.4%
17.1%
11.8%
17.6%
0.1%
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
7.0%
4.7%
3.0%
14.3%
4.5%
0.8%
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 Equipment
37 Transportation Equipment
38 Instruments -
39 Misc. Manufacturing
Not Able to Determine
I TOTAL Mfg. (%)
|Title III General
§301-3 Emergency Planning
SERCs
Notification
TPQs
Mixtures
Extremely Hazardous Substances
2.6%
0.3%
0.1%
0.6%
0.3%
0.6%
0.9%
1.3%
12.1%
1.1%
1.3%
0.5%
0.5%
2.0%
3.0%
1.4%
1.8%
1.4%
1.6%
1.3%
0.6%
97.84%|
85
25
13
23
3
48
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 (12.50 %)
Delisting EHS
Exemptions
(SUBTOTAL (9.50%)
1.7%
1.4%
6.9%
19.8%
1.2%
0.9%
1.8%
2.6%
0.5%
0.5%
3.7%
1.6%
2.0%
3.2%
2.0%
0.3%
1.6%
0.6%
0.0%
9.2%
0.0%
2.1%
274I
9
6
2121
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§311/5312
General
MSDS Reporting Requirements
Tier I/I I Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
SUBTOTAL (31.69%)
§313
General
FormR
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
SUBTOTAL (31.69%)
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
Other
REFERRALS SUBTOTAL
306
76
91
102
7
26
10
19
637|
378
108
71
36
16
2
29
13
38
0
691|
47
0
9
119
19
36
165
395
DOCUMENT REQUEST (VERBAL &
WRITTEN SUBTOTAL)
320
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulation?
[SUBTOTAL (0.48%)
CEPP: Interim Guide
Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
[SUBTOTAL (4.61%)
Trade Secrets
SUBTOTAL (0.10%)
Enforcement
SUBTOTAL (0.70%)
Liability
'SUBTOTAL (0.04%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQs vs. TPQs
CERCLA vs. §304
Transportation
Exemptions
[SUBTOTAL (9.10%)
RCRA/SUPERFUND/UST/EPCRA
CALLS, DOCUMENT REQUESTS AND
REFERRALS GRAND TOTAL
8
1
1
3
13|
1
2
6
5
1
0
1
0
88
1041
4
4|
16
16|
1
1
76
35
28
11
24
6
20
200]
8,175
10
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IV. PUBLICATIONS - NOVEMBER 1990
RCRA/SF
The following documents are available through the RCRA/SF Hotline:
Subject: "Primary Treatment Sludge"
"Hazardous Waste Management System: Identification and Listing of
Hazardous Waste; CERCLA Substance Designation - Petroleum Refinery
Primary and Secondary Oil/Water/Solids Separation Sludge Listings (F037 and
F038)," Final Rule, November 2,1990. The Order No. is EPA/OSW-FR-91-007.
Subject: "Low Level Mixed Waste"
"Low Level Mixed Waste, A RCRA Perspective for Nuclear Regulatory
Commission (NRC) Licensees" (August 1990). The Order No. is FPA/530-SW-
90-057.
The following document is available through the source indicated:
Subject: "RCRA Orientation Manual"
"RCRA Orientation Manual" (1990 edition) is available from the Government
Printing Office (GPO) at (202) 783-3238. The GPO Order No. is GPO-055-000-
00364-5.
11
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V. FEDERAL REGISTER N(
Former Notices With Open Comment Periods
July 17,1990 (55 FR 30798)
(proposed rule)
August 24,1990 (55 FR 34721)
(extension of comment period)
September 17,1990 (55 FR 38064)
(final rule)
September 17,1990 (55 FR 38090)
(notice of proposal)
Septeber 19,1990 (55 FR 38565)
(notice)
EPA is proposing a corrective action rule for
solid waste management units at facilities
seeking a permit under Section 3005(c).
Comments were to be accepted until
September 25,1990. An August 24,1990
notice extended the comment period to
November 26,1990.
EPA is extending the comment period for
the Proposed Rule published in Federal
Register at 55 FR 30798-30884 (July 27,1990)
which established requirements for
corrective action for solid waste
management units. The comment period
will be extended until November 26,1990.
EPA is granting approval to New Mexico to
operate its UST program unless adverse
public comment shows the need for further
review. Final authorization is effective
November 16,1990 unless EPA publishes a
Federal Register notice withdrawing this
action.
EPA is proposing to grant a petition by
Geological Reclamation Operations and
Waste Systems Inc., Morrisville,
Pennsylvania, to exclude certain solid waste
generated at its facility from the list of
hazardous wastes in 40 CFR 261.31 and
261.32. Comments will be accepted until
November 1,1990.
EPA is proposing to deny a petition
submitted by Bethlehem Steel Corp.,
Chesterton, Indiana, for a one-time
exclusion of 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
November 3,1990.
12
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September 28,1990 (55 FR 39656)
(notce)
October 2,1990 (55 FR 40233)
(notice)
October 2,1990 (55 FR 40229)
(notice)
October 3,1990 (55 FR 40453)
(notice)
EPA has made a tentative decision based on
initial and revised applications that
Connecticut's hazardous waste program does
not satisfy all of the requirements necessary
for final RCRA authorization. However,
EPA may revise its tentative decision if
Connecticut can meet a set of conditions by
November 15,1990. If the State remedies
these deficiencies and if no significant new
issues are raised during the comment period,
EPA intends to grant final authorization.
Comments were received by C.O.B.
October 31,1990. If a public hearing is
necessary, comments were accepted until
C.O.B on November 1,1990.
Proposed Administrative Order of Consent
under Section 122(g) concerning the Ninth
Avenue Dump Site in Gary, Indiana. 85
Potentially Responsible Parties (PRPs) (jig
minimis) involving $6,500,000 reimburse-
ment for past costs and future estimated
costs. Comments due before November 1,
1990.
Six-month extension of the August 8,1990,
effective date of the hazardous waste
injection restrictions for American Cyanamid
Co. in Westwegs, Louisiana, and Celanese
Engineering Resins, Inc., Texas.
Department of Transportation (DOT) gives
notice of partial Consent Decree in United
States v. Arthur Bursey. et al. Decree deals
specifically with complaints against Tony
and Rose Matarazzo. Comments concerning
this decree will be received for 30 days from
date of this notice.
13
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October 4,1990 (55 FR 40729)
(notice)
October 4,1990 (55 FR 40729)
(notice)
October 4,1990 (55 FR 40730)
(notice)
October 5,1990 (55 FR 40834)
(interim final rule)
October 5,1990 (55 FR 40881)
(notice)
October 12,1990 (55 FR 41600)
(notice)
Department Of Justice (DOJ) gives notice of
proposal Consent Decree in United States v.
Chemical Waste Management for violations
in operating portions of a land disposal
facility in Vickery, Ohio. The proposed
Decree was lodged in the United States
District Court for the Northern District of
Ohio on September 26,1990. DOJ will
review comment for 30 days.
Supplemental Stipulation in New York v.
Occidental Chemical Corporation and City
of Niagara Falls lodged in the United States
District Court of the Western District of
New York on September 21,1990. DOJ will
receive comments for 60 days.
DOJ gives notice of proposed Consent
Decree in United States v. Simon and Son,
et. al., lodged in United States District Court
of the Western District of Washington on
September 11,1990. DOJ will receive
comments for 30 days.
Extends compliance of the TCLP rule to
recovery of hydrocarbons from petrol
refining facilities, marketing terminals and
bulk plants for 120 days from September 25,
1990. This is an interim final rule and
comments will be taken during the 120 days
period. Effective date: September 25,1990.
This notice summarizes the current
incentive program and outlines others that
have been suggested in the area of waste
minimization. In addition, comments are
requested on several questions posed by
EPA concerning waste minimization.'• l
Comments must be submitted on or before
December 4,1990.
Proposed settlement with six parties for past
liabilities incurred by EPA at the Canning
Superfund Site, Binghampton, New York.
Comments must be provided on or before
November 12,1990.
14
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October 15,1990 (55 FR 41762)
(notice)
October 16,1990 (55 FR 41881)
(notice)
October 17,1990 (55 FR 42067)
(notice)
October 19,1990 (55 FR 42481)
(notice)
October 22,1990 (55 FR 42566)
(notice)
October 24,1990 (55 FR 42890)
(notice)
October 30,1990 (55 FR 45641)
(notice)
EPA proposes to grant a three-month
extension of the effective date for LDR UIC
restrictions for Celanese Engineering
Resins, Inc. of Bishop, Texas. Comments
must be received on or before November 13,
1990.
This notice announces the expected
availability of the fourth set of ATSDR draft
toxicological profiles of CERCLA hazardous
substances. The profiles were scheduled to
be available around October 17,1991.
Comments on each profile will be accepted
until February 15,1991.
This notice contains the fourth list of
hazardous substances that will be the
subject of ATSDR toxicological profiles.
Length of comment period is unspecified.
This notice extends the comment period for
the draft Health Assessment Guidance
Manual until November 30,1990.
The National Institute of Environmental
Health Sciences announces a program of
hazardous waste worker training grants.
EPA announces that the Information
Collection Request for the proposed
Hazardous Waste Industry Studies has been
forwarded to OMB. Comments must be
submitted on or before November 23,1990.
This notice announces the EPA's intention
to transfer Confidential Business
Information (CBI) from pulp, paper and
paperboard, pharmaceutical manufacturing,
wood preserving and other industries listed
in this notice to EPA contractors and
subcontractors. This information will allow
contractors to assist EPA in developing
guidelines and standards under the Clean
Water Act (CWA), Resource Conservation
and Recovery Act (RCRA) and Toxic
Substances Control Act (TSCA). Comments
are due November 9,1990.
15
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October 30,1990 (55 FR 45665) DOJ gives notice of proposal Consent
(notice) Decree in United States v. American
Medical Systems. Inc.. et al.. lodged with the
United States District Court for the Western
District of Arkansas on October 15,1990.
DOJ will accept comments for a period of 30
days.
October 31,1990 (55 FR 45846) EPA is proposing to enter into a de minimis
(notice) parties for response costs at the I. Jones
Recycling, Clinton Street facility Ft Wayne,
Indiana. Comments must be received on or
before November 30,1990.
16
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NOVEMBER FEDERAL REGISTER NOTICES
November 1,1990 (55 FR 46131)
(correction notice)
November 1,1990 (55 FR 49109)
(notice)
November 1,1990 (55 FR 46110)
(notice)
November 2,1990 (55 FR 46260)
(notice)
November 2,1990 (55 FR 46354)
(final rule)
This citation notes corrections to an earlier
notice issued on Wednesday, October 17,
1990. These corrections correct several
typographical errors noted in the
October 17,1990 Notice.
DOJ is giving notice of a proposed Consent
Decree in United States v. Advanced
Environmental Technology Corp., lodged
with the United States District Court for the
District of New Jersey on October 23,1990.
The proposed Consent Decree concerns
clean-up of the Chemical Control Superfund
site in Elizabeth, New Jersey. DOJ will
receive comment for 30 days.
DOJ gives notice of a partial Consent Decree
in United States v. Escambia Treatings
Company lodged in United States District
Court for the Northern District of Florida in
October 1990. DOJ will receive comments
for 30 days.
DOJ gives notice that a proposedConsent
Decree in United States v. Builder's
Hardware Finishers Inc., et al., was lodged
with the United States District Court for the
Central District of California on October 9,
1990. DOJ will receive comments for 30
days.
EPA promulgated two waste codes as
additions to the list of "F wastes" found in
261.31. These new wastes are generated in
the separation of oil/water/solids from
petroleum refining process wastewaters and
oily cooling wastewaters. EPA amended
Appendix VH of 40 CFR 261 to add the
organic and inorganic constituents for
which these wastes are listed. RQ values
under Section 302 of CERCLA are also being
established in this rule. The RQ for these
wastes will be set at the statutory level of 1
Ib. This Final Rule is effective May 2,1991.
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November 7,1990 (55 FR 46794)
(final rule)
November 7,1990 (55 FR 46829)
(proposed rule)
November 7,1990 (55 FR 46839)
(proposed rule)
November 7,1990 (55 FR 48876)
(notice)
This Final Rule revises the list of hazardous
substances and reportable quantities which
appear in 49 CFR 172.101. The intended
effect of this action is to enable shippers and
carriers to identify CERCLA hazardous
substances and thereby enable them to
comply with all applicable HMR
requirements and to make the required
notifications if a discharge occurs. No
proposed rule proceeds this Final Rule. This
amendment is effective December 31,1990.
However, immediate compliance with
regulations is authorized.
This rule proposes to extend the current
120-day October 5,1990 Federal Register TC
exclusion which expires January 25,1991, to
January 25,1993 for recovery operations of
free-product hydrocarbons from
contaminated aquifers directly below thev
facility. Groundwater taken from the
recovery process may be reinjected without
meeting treatment standards prior to
reintroduction to the aquifer.
DOT proposes to amend the hazardous
materials regulations in order to permit the
acceptance and transportation by aircraft
and motor vehicles of hazardous materials
shipments. Comments on this notice of
proposed rulemaking must be received by
December 7,1990.
DOJ is giving notice of a proposed Consent
Decree in United States v. St. Thomas
Paving Co.. Ltd.. lodged with theUnited
States Bankruptcy Court for the Virgin
Islands, Division of St. Thomas and St. John
on October 30,1990. DOJ will receive
comments for a period of 30 days from the
date of this notice.
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November 8,1990 (55 FR 46993)
(notice)
November 8,1990 (55 FR 46993)
(notice)
November 13,1990 (55 FR 47328)
(final rule)
November 13,1990 (55 FR 47330)
(final rule)
November 13,1990 (55 FR 47403)
(notice)
November 14,1990 (55 FR 47493)
(notice)
November 14,1990 (55 FR 47700)
(final)
November 14,1990 (55.M 47533)
(notice)
EPA gives notice of a final decision for an
exemption from LDR's under RCRA for
Class I injection wells at American
Cyanamid, Westwego, Louisiana.
EPA gives notice of an exemption from
LDR's under RCRA for Class I injection
wells at Cecos International, Inc., Willows
Springs, Louisiana. This section is effective
as of October 31,1990.
EPA is granting a final exdusionffom RCRA
hazardous waste listings for a wastewater
treatment sludge from Kawneer Company,
Inc. of Springdale, Arkansas.
EPA is granting a final exclusionfrom RCRA
hazardous waste listings for spent pickle
liquor from Perox, Inc., of Sharon,
Pennsylvania.
DOJ is giving notice that a Consent Decree
in United States v. City of Spokane.
Washington, was lodged with the United
States District Court for Eastern Washington
on November 1,1990. DOJ will accept
comments for 30 days.
EPA is extending the comment period on
the proposed delisting decision for
Bethlehem Steel Co. of Chesterton, Indiana
(see September 19,1990,55 FR 38565). The
new deadline for comments to be submitted
is December 3,1990.
EPA is making a determination thata "no-
migration" variance will be granted to
DOE's Waste Isolation Pilot Plant (WIPP)
near Carlsbad, New Mexico, effective
immediately.
EPA is proposing to settle a claim under
CERCLA Section 107 for response costs
incurred during a removal action at Dead
Creek Site #60 in Sauget, Illinois.
Comments will be accepted until
December 14,1990.
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November 14,1990 (55 FR 47546)
(notice)
November 16,1990 (55 FR 47943)
(notice)
November 20,1990 (55 FR 48248)
(proposed)
November 21,1990 (55 FR 48690)
(notice)
DOJ is giving notice that a Partial Consent
Decree in United States v. Arthur Bursey. et
al.. was lodged with the United States
District Court for the District of New
Hampshire. DOJ will accept comments for
30 days.
DOJ is giving notice that aproposed consent
decree in United States v. James and
Carolyn Curtis was lodged with the United
States District Court for the Iowa Southern
District on November 1,1990. Comments
will be accepted for 30 days.
EPA is proposing to deny a petition
submitted by Quanex Corp. to exclude
certain liquid waste generated at its facility
from the hazardous waste listings.
EPA is giving notice that the Science
Advisory Board's Environmental
Engineering Committee, Office of Solid
Waste and Emergency Response (OSWER)
Modeling Project Subcommittee will
conduct a Teleconference Meeting on
December 7,1990.
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