UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
CEIVED
530R90112
APR 01 1991
ENVIRONMENTAL PROTECTION AGENCY
LIBRARY, REGION V
MAR 2 8 R
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Final Monthly Report—RCRA/Superfund Industry Assistance and
Emergency Planning and Community Right-To-Know Information
Hotline Report for December 1990
fcUj-LcdLT^-- t^^T^~
BarbaraRoth, Project Offic
Office of Solid Waste
FROM:
icer
TO:
Addressees
fW .31991
PERMlTSECTiON
This Report is prepared and submitted in support of Contractg^. ($F\
I.
SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—DECEMBER 1990
RCRA
1. LDR Requirements During National Capacity Variances
During a corrective action removal, a RCRA permitted treatment facility generates
a contaminated soil that is characteristic for arsenic (D004). The generator
determines that the waste has a treatment standard established in 40 CFR 268.41 of
the Land Disposal Restrictions (LDR) Third Third Final Rule. (55 FR 22520)
However, Section 268.35(e) of the final rule also establishes a 2-year variance from
the land disposal prohibitions for D004 nonwastewaters due to insufficient
treatment capacity. What LDR requirements remain in effect during the period in
which a waste is granted a national capacity variance?
Section 3004(h)(2) of RCRA provides EPA with the authority to grant national
capacity variances from the statutory effective dates upon which land disposal
prohibitions become effective if there is insufficient alternative treatment,
recovery or disposal capacity for the wastes subject to the prohibition. In
determining whether a variance is warranted, EPA compares the nationally
available treatment capacity that will be in operation on the prohibition
effective date with the volume of wastes generated. If a significant shortage
exists, an alternate effective date will be established based on the earliest date
such capacity will become available. (55 FR 22526)
Printed on Recycled Paper
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1. LDR Requirements During National Capacity Variances (Cont'd)
>-•••*.
Although a national capacity variance temporarily extends prohibition effective
dates, it does not supersede the requirements applicable to hazardous wastes
that are "restricted", (see 55 FR 22592) Effective May 8,1990, all hazardous
wastes, except those identified or listed after the enactment of HSWA, are
"restricted" and therefore subject to certain provisions. (55 FR 22521) These
include three major requirements. First, generators of such restricted wastes
must comply with applicable waste analysis and recordkeeping requirements
established in Section 268.7, including the special notifications found at
268.7(a)(3) for wastes subject to a national capacity variance that are sent off-sife
for treatment, storage or disposal. (53 FR 31208)
Second, in addition to fulfilling relevant recordkeeping requirements,
generators of hazardous wastes subject to a national capacity variance must
evaluate their waste against the California List prohibitions. (55 FR 22529) The
California List establishes treatment standards and land disposal restrictions for
certain liquid wastes containing free cyanides, metals, corrosives and PCBs, and
for HOCs in either solid or liquid form [See Section 268.32 and RCRA Section
3004(d)]. In the interim period in which a national capacity variance is in effect,
the California List requirements apply. (53 FR 31118)
Finally, if the generator determines that no other land disposal prohibitions are
applicable, the waste may be managed in a landfill or surface impoundment
provided the waste is placed in a unit that meets the minimum technology
requirements set out in 268.5(h)(2). After the national capacity variance has
expired, such restricted hazardous waste may be land disposed only if the
applicable treatment standard is attained or disposal occurs in a unit that
satisfies the "no migration" demonstration found at 40 CFR 268.6. (55 FR 22521)
Please note, however, for wastes that are subject to more than one treatment
standard, that during a national capacity variance for one of the wastes, the
treatment standards for any of the other waste codes that have not received
such a variance must be met (55 FR 22660)
Source: Rhonda Craig, OSW (703) 308-8451
Research: Stephen Buchanan
2. Effects of Episodic Releases on Continuous Release Reporting
During normal daily operations, a facility releases benzene in an amount that is two
times greater than the reportable quantity (RQ) listed in 40 CFR 302.4. Due to the
routine and systematic nature of the release, the facility has reported under
CERCLA section 103(f)(2), and codified in 40 CFR 302.8, for continuous releases. A
pipe rupture, however, results in a one-time episodic release of benzene in an
amount less than the RQ during a 24-hour period. Would the person in charge of
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2. Effects of Episodic Releases on Continuous Release Reporting (Cont'd)
the facility be required to aggregate the quantity of the episodic release with that
for the continuous release of the same hazardous substance to determine
notification requirements under CERCLA section 103(a) and SARA section 304?
Also, would the episodic release trigger any additional reporting requirements
pursuant to 40 CFR 302.8?
The response to the first question is no. Episodic releases are defined as those
associated with accidents, emergency shutdowns, pipe ruptures and other
events that are not routine and, therefore, are not considered continuous.
Such releases must be reported to the National Response Center (NRC), State
Emergency Planning Commission (SERC) and Local Emergency Planning
Committee (LEPC) pursuant to CERCLA section 103(a) and SARA section 304
only if a RQ or more of a hazardous substances listed in 40 CFR 302.4 is
released to the environment during a 24-hour period. (55 FR 30170)
The response to the second question in the example requires more detailed
knowledge of the facility's continuous release notification to make an •
appropriate determination. Section 103(f)(2) of CERCLA provides relief from
multiple reporting requirements under Section 103(a) for releases of
hazardous substances that are continuous, stable in rate and quantity, and for
which notification has been given under section 103(a) for a period of time
sufficient to establish the quantity and regularity of the release. (55 FR 30166)
The contents of the initial written notification required under 40 CFR 302.8
must contain information regarding the identity of the hazardous substance,
the upper and lower limits of the normal range of the release over the
previous year, the source of the release, and the frequency. Specific
information requirements for continuous release notification are described in
40CFR302.8(e).
In the scenario presented above, the person in charge of the facility, although
not required to report the episodic release under CERCLA section 103(a), may
have additional reporting requirements under 40 CFR 302.8 depending on the
information provided in the original continuous release notification
submitted. For example, if the source of the episodic release causes the total
daily amount of the continuous release to exceed the upper limit of the
normal range, then notification under 40 CFR 302.8 must be given to the NRC,
SERC, and LEPC that a statistically significant increase in the continuous
release has occurred.
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2. Effects of Episodic Releases on Continuous Release Reporting (Cont'd)
Additionally, if the facility anticipates a new source of a continuous release, the new release
must be reported to the NRC for each occurrence until there is sufficient information to
establish its continuity, quantity, and stability. When sufficient data is available to
determine that the release is continuous, the person in charge of the facility may notify the
NRC, SERC, and LEPC of the intent to report under 40 CFR 302.8. Initial contact may be
made by telephone provided written documentation is submitted to the appropriate EPA
Region, SERC, and LEPC within 30 days. (55 £R 30172)
Source: Hubert Waiters, OERR (202) 382-2463
Research: Pete LeTourneau
SARA TITLE III
3. SARA Section 304 Reportable Quantities
An asbestos removal contractor performs a capture technique at a facility within a
24-hour period. Assuming that 1,000 pounds of friable asbestos are located at the
site and the contractor removes 999 pounds, would the one pound of asbestos that
escaped capture be considered a release under CERCLA Section 103 or SARA
Section 304? (Note: the reportable quantity for friable asbestos is one pound.)
As defined in CERCLA Section 101(22), a hazardous substance must be released
"into the environment" in a reportable quantity before notification of the release
is required under CERCLA. The term environment includes ... ambient air,...
[which] for purposes of CERCLA shall refer to the air that is not completely
enclosed in a building or structure and that is over or around the grounds of the
facility. A release into the air from a building or structure that does not reach
the ambient air (either directly or via a ventilation system) is not a reportable
event under CERCLA." (footnote omitted) (50 FR13462) Therefore, the one
pound of asbestos that escaped capture would be reportable under Section 103
of CERCLA only if it were released into the environment (i.e., ambient air).
Further, under SARA Section 304(a), the release would not be reportable even if
it requires notification under CERCLA if it results in exposure to persons solely
within the site or sites on which a facility is located.
Source: John Ferris, CEPPO (202) 245-4043
Research: Tami McNamara
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4. SARA Section 313 Off-Site Location
A facility distributes its waste sludge to various farms throughout the area. The
fanners then apply the sludge in land application processes. The sludge contains
small amounts of toxic chemicals for which the facility is required to file Form Rs.
For purposes of Part II, Section 2 of the Form R, how should the facility list the farms
as off-site locations? For example, should the facility list each farm individually or
put a generic entry such as "farms in Smith County?"
If the facility distributes the toxic chemical in waste to a reasonable number of
farms, then technically it should list the name and location of each farm in Part TL,
Section 2 of the Form R. However, if the facility is unable to list all of the farms
to which it distributes the toxic chemical, the facility can provide a generic listing
such as "farms in Smith County." Because the waste is being further used it is
not required to be listed as an off-site transfer in Part H Section 2 or Part in
Section 6 of the Form R.
Source: Sam Sasnett, OTS (202) 382-3821
Research: Tami McNamara
\
5. SARA Sections 3117312 Mixtures
A facility has hydrofluoric acid which is a mixture of hydrogen fluoride and water.
The MSDS specifies that the mixture is 50% hydrogen fluoride and 50% water. For
purposes of reporting under SARA Sections 311/312, should the facility report on
the hydrofluoric acid mixture or the 50% hydrogen fluoride?
Since the MSDS for hydrofluoric acid specifies that it is a mixture of 50%
hydrogen fluoride and 50% water, the facility would only have to report the 50%
hydrogen fluoride if it exceeded the 100 pound threshold planning quantity. See
40 CFR 370.28 (55 FR 30632,30646 (July 26,1990)). Hydrogen fluoride is the
relevant Extremely Hazardous Substance, and its Sections 311/312 reporting
threshold is 100 pounds. This is the case even though the CAS# for both
hydrogen fluoride and hydrofluoric acid are the same. If more than 100 pounds
of hydrogen fluoride is present at the facility, the facility may report hydrogen
fluoride by itself (i.e., 100 pounds of hydrogen fluoride) or by the total weight of
the mixture (i.e., 200 pounds of hydrofluoric acid).
Source: Kathy Jones, CEPPO (202) 475-8353
Research: Sicy Jacob
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E. ACTIVITIES — DECEMBER 1990
1. The RCRA/Superfund Hotline and Emergency Planning and Community
Right-to-Know Hotline responded to 9,902 questions and requests for
documents in December. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Questions 3,423 657 324 2,075 = 6,479
Document Requests *1,003 272 181 626 = 2,082
Referrals **847 — — ***494 = 1,341
Totals 5,273 929 505 3,195 = 9,902
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.
RCRA/Supcrfund/CEPP Hotline Activities
As a result of newspaper articles, the Hotline received numerous calls on the
study of methane emissions from cattle. These calls were appropriately referred
to the Office of Air and Radiation. During the month of December, EPA staff
provided briefings to the Hotline Information Specialists on the following
topics:
• boiler and furnace rule
• lealc detection enforcement
• operation of leaking underground storage tank trust fund
• financial responsibility for underground storage tanks.
Routine administrative meetings were held with the Project Officers and the
Hotline Project Managers. The Hotline Information Specialists attended the
Underground Storage Tanks and Title m programmatic meetings and
performed research duties for various Office of Solid Waste staff.
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III. ANALYSES OF QUESTIONS—Dec. 1990
RCRA/Superfund/UST
Total Questions:
Total Documents Requests:
RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
6.5%
10.7%
18.4%
12.2%
16.3%
8.3%
Region 7
Region 8
Region 9
Region 10
International Calls
4,404
1,456
3.8%
5.2%
13.9%
4.4%
0.3%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
UST O/O
RCRA
General Information
§3010 Notification
§260.10 Definitions
§260.22 Petitions/Delisting
§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
11.3%
5.9%
1.9%
4.3%
0.5%
1.5%
2.9%
5.0%
2.3%
0.5%
1.4%
273
78
73
35
109
231
294
227
119
71
102
23
121
18
78
65
33
11
53
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/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Medical/Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
25.7%
10.6%
2.2%
3.3%
1.3%
0.5%
0.7%
0.3%
4.5%
4.8%
13
31
53
15
16
61
27
28
6
12
20
56
15
4
30
61
47
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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 & Investigai
43
33
8
10
23
32
26
20
27
46
22
8
15
30
8
29
10
1
30
45
1
18
0
13
23
10
7
14
10
21
7
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 Questions
RCRA Document Requests
§280 F Corrective Action Petroleum
§280 G Corrective Action
Hazardous Substances
§280 H Out-of-Service/Closure
§280 1 Financial Responsibility
§281 State UST Programs
Liability
Enforcement
LUST Trust Fund
Other Provisions
UST Questions
UST Document Requests
1
13
75
19
17
113
27
18
33
40
21
13
28
3
27
15
60
3,423
1,003
16
16
10
16
39
14
6
6
2
324
181
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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
ARARs
CERCLJS
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
HRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
41
3
5
6
34
1
7
8
11
3
3
3
9
7
1 1
7
1
2
7
1
27
5
56
44
0
0
0
18
45
52
Off-Site Policy
On-Site Policy
OSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
FQ
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Right-to-Know
CERCLA Questions
CERCLA Document Requests
Referrals
Referrals - EPA HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC
ORD/Dockets
Other
SUBTOTAL
1
3
2
3
12
3
0
12
4
15
1 1
6
12
16
97
2
7
9
3
3
1
18
657
272
40
228
70
112
92
71
234
847
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Emergency Planning Community Right-to-Know Information Hotline
Daily/Monthly Summary Report—September 1990
CEPP Total Questions:
Distribution of Calls by EPA Regions
2,075 Total Document Requests:
(Written and Verbal)
626
Region 1
Region 2
Region 3
Region 4
Region 5
International
7.5%
9.5%
18.5%
14.7%
20.0%
0.1%
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
8.2%
3.0%
3.0%
1 1 .2%
2.8%
0.6%
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 ill General
§301-3 Emergency Planning
SERCs/LEPC
Notification
Mixtures
Extremely Hazardous Substances
1 .86%
0.00%
0.93%
0.00%
0.23%
0.42%
0.65%
2.09%
9.63%
3.16%
1.12%
0.14%
0.56%
1.35%
2.65%
0.65%
3.12%
0.93%
0.42%
1.26%
0.74%
95.14%|
105
18
9
14
34
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 (13.20%)
Delisting EHS
Exemptions
(SUBTOTAL (9.54%)
2.09%
0.00%
5.40%
17.87%
1.12%
0.74%
1 .02%
3.54%
0.33%
0.88%
5.30%
3.58%
2.42%
3.12%
1.35%
0.05%
2.00%
1.16%
0.14%
6.47%
0.00%
4.65%
274|
7
11
198{
10
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§311/5312
General
MSDS Reporting Requirements
Tier I/I I Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
ISUBTOTAL (25.45%)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
ISUBTOTAL (32.43%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQs vs. TPQs
CERCLA vs. §304
Transportation
Exemptions
SUBTOTAL (9.11%)
CEPP Calls
CEPP document requests
233
16
125
49
16
35
21
33
5281
306
95
52
19
10
44
43
22
44
38
673|
81
26
29
19
0
14
20
189
2,075
626
Training: General
§305 Training Grants
§305 Emergency Systems Revi
§126 (SARA) Training Regulati
I SUBTOTAL (0.63%)
CEPP: Interim Guide
Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
I SUBTOTAL (8.39%)
Trade Secrets
SUBTOTAL (0.10%)
Enforcement
(SUBTOTAL (0.92%)
Liability
SUBTOTAL (0.24%)
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
State/SERC
TRIUS
Other
REFERRALS SUBTOTAL
8
1
1
3
13|
0
2
21
16
6
45
20
3
61
174|
2
2
19
19
5
5
49
5
7
81
9
17
46
29
251
494
RCRA/SUPERFUND/UST/EPCRA
QUESTIONS, DOCUMENT REQUESTS
REFERRALS GRAND TOTAL
AND
9,902
11
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IV. PUBLICATIONS - DECEMBER 1990
RCRA
The following RCRA documents are available through the RCRA/Superfund
Hotline:
Subject: "No-Migration"
"Department of Energy (DOE) Waste Isolation Pilot Plant" Notice of Final No-
Migration Determination. The document numbor is EPA/OSW-FR-91-009.
Subject: "Recycling"
"Recycling in Federal Agencies." The document number is EPA/530-SW-90-082.
The following documents are available through the National Technical Information
Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, (703) 487-4650:
Subject: "State Authorization"
"State Authorization Manual, Volume I" (EPA/530-SW-91-018A). The NTIS
Order No. is PB91-130 211.
"State Authorization Manual, Volume IT (EPA/530-SW-91-018B). The NTIS
Order No. is PB91-130 229.
Subject: "Medical Waste"
"Medical Waste Management in the United Second (Second Interim Report to
Congress)" (EPA/520-SW-90-087B). The NTIS Order No. is PB91-130187.
Subject: "Emissions Testing"
"Emissions Testing of a Wet Cement Kiln at Hannibal, Missouri (Draft Interim
Report)" (EPA/530-SW-91-017). The NTIS Order no. is PB91-130 203.
"Emissions Testing of a Precaliner Cement Kiln at Louisville, Nebraska" (EPA/
530-SW-91-016). The NTIS Order No. is PB91-130195.
Subject: "Hazardous Waste Incinerators"
"Metal Control Efficiency Test at a Dry Scrubber and Baghouse Equipped
Hazardous Waste Incinerator" (EPA/530-SW-91-004). The NTIS Order No. is
PB91-101 865.
12
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
V. FEDERAL REGISTER NOTICES - DECEMBER 1990
Former Notices With Open Comment Periods
October 4,1990 (55 FR 40729)
(notice)
October 5,1990 (55 FR 40834)
(interim final rule)
October 5,1990 (55 FR 40881)
(notice)
October 16,1990 (55 FR 41881)
(notice)
October 17,1990 (55 FR 42067)
(notice)
November 2,1990 (55 FR 46260)
(notice)
Supplemental stipulation in New York v. Occidential
Chemical Corporation and City of Niagara Falls
lodged in United States District Court for the Western
District of New York on September 21,1990.
Department of Justice (DOJ) accepted comments until
December 3,1990.
This notice extends compliance of the Toxicity
Characteristic Leaching Procedure (TCLP) rule to
recovery of hydrocarbon from petroleum refining
facility, marketing terminal, and bulk plants for 120
days from September 25,1990. This is an interim final
rule and comments were received until January 25,
1991.
This notice summarizes the current incentive program
and outlines others that have been suggested in the
area of waste minimization. In addition, comments
were requested on several questions posed by the EPA
concerning waste minimization and had to be
submitted on or before December 4,1990.
This notice announces the expected availability of the
fourth set of Agency for Toxic Substances and Disease
Registry (ATSDR) draft toxicological profiles of
CERCLA hazardous substances. The profiles should
be available around October 17,1991. Comments on
each profile were 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.
DOJ is giving notice that a proposed Consent Decree in
United States v. Builder's Hardware Finishers Inc.. et
aL. was lodged in the United States District Court for
the Central District of California on October 9,1990.
DOJ accepted comments until December 2,1990.
13
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
November 7,1990 (55 FR 46839)
(proposed rule)
November 7,1990 (55 FR 48876)
(notice)
November 13,1990 (55 FR 47403)
(notice)
November 14,1990 (55 FR 47493)
(notice)
November 14,1990 (55 FR 47533)
November 14,1990 (55 F& 47546)
November 21,1990 (55 FR 48690)
Department of Transportation proposes to amend the
Hazardous Materials Regulations in order to permit the
acceptance and transportation by aircraft and motor
vehicle of hazardous materials shipments. Comments
were received until December 7,1990.
DOJ is giving notice of a proposed Consent Decree in
United States v. St. Thomas Paving Co.. Ltd.. lodged
with the U.S. Bankruptcy Court for the Virgin Islands,
Division of St. Thomas and St. John on October 30,
1990. DOJ received comments until December 7,1990.
DOJ is giving notice that a Consent Decree in United
States v. City of Spokane. Washington, was lodged
with the U.S. District Court for Eastern Washington
State on November 1,1990. DOJ accepted comments
until December 13,1990.
EPA is extending the comment period on the proposed
delistmg decision for Bethlehem Steel Co. of
Chestertown, Indiana (55 FR 38565). The new deadline
for comments was extended to December 3,1990.
EPA is proposing to settle a claim under CERCLA
Section 107 for response costs incurred during a
removal action of Dead Creek Site #60 in Sawget,
Illinois. Comments were accepted until December 14,
1990.
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 accepted comments until
December 14,1990.
DOJ is giving notice that a proposed 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. DOJ received
comments until December 16,1990.
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
DECEMBER FEDERAL REGISTER NOTICES
December 3,1990 (55 FR 49953)
(notice)
December 6,1990 (55 FR 50327)
(immediate final rule)
December 6,1990 (55 FR 50391)
(notice and request for comment)
December 6,1990 (55 FR 50392)
(notice and request for comment)
DOJ is giving notice of a proposed Consent Decree in
United States v. Conservation Chemical Company of
Illinois, lodged with the United States District Court
for the Northern District of Indiana, Hammond
Division, on November 16,1990 pursuant to RCRA.
The Consent Decree concerns compliance with closure
requirements at the defendant's facility in Gary,
Indiana. DOJ accepted comments until January 2,
1991.
EPA is granting final authorization for Idaho's State
Hazardous Waste Management program. The effective
date was February 4,1991, unless EPA published a
prior Federal Register action withdrawing this v
immediate final rule. Comments were received until
January 7,1991.
EPA will transfer to its contractor, Wade Miller
Associates, Inc., and their subcontractor Apojee
Research, information which has been submitted to
EPA under the 1986 National Survey of Hazardous
Waste Treatment, Storage, Disposal, and Recycling
Survey (TSDR). These firms will use information
submitted by facilities that responded to the TSDR
Survey as part of the data input to a computerized
simulation model. Transfer of confidential data
submitted to EPA will occur no sooner than
December 13,1990.
EPA will transfer to its contractor, Research Triangle
Institute (RTI), information which has been or will be
submitted to EPA under the authority of RCRA. RTI
will provide support to the Office of Solid Waste in the
areas of health and ecological exposure and risk
assessments; toxic and pharmacokinetic studies;
analyzing regulatory options and impacts of infectious
wastes; and evaluating the RCRA manifest tracking
system. Transfer of confidential data submitted to
EPA will occur no sooner than December 13,1990.
is
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RCRA/Superfund HoUine
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
December 6,1990 (55 FR 50395)
(notice of proposed settlement)
December 6,1990 (55 FR 50450)
(final rule)
December 10,1990 (55 FR 50687)
December 11,1990 (55 FR 50852)
(extension of comment period)
December 11,1990 (55 FJR 50891)
(notice)
December 13,1990 (55 FR 51331)
(notice)
EPA has agreed to settle claims for response costs at
Benton Inc., Site, Ashland, Mississippi, under Section
122(h) of CERCLA. EPA may withdraw the proposed
settlement should comments disclose facts or consid-
erations which indicate the proposed settlement is
inappropriate, improper, or inadequate. Written
comments may be submitted by January /', 1991.
EPA is amending its RCRA regulations by listing as
hazardous three categories of wastes from wood
preserving operations: F032, F034, F035. These wastes
may, however, exhibit the Toxitity Characteristic and
consequently may already be regulated under
Subtitle C of RCRA. The effective date is June 6,1991.
\
EPA deleted terephthalic acid (TA) from the list of
toxic chemicals under Section 313 of the Emergency
Planning and Community Right-to-Know Act. The
facilities would not have to report releases of TA that
occurred during the 1990 calendar year and thereafter
under this Section.
EPA is extending the comment period on the
October 5,1990 (55 FR 40881) "Notice and request for
comment on desirable and feasible incentives to
reduce or eliminate the generation of hazardous
wastes." The comment period was extended from
December 4,1990 until January 18,1991.
DOJ is giving notice of a proposed Consent Decree in
United States v. Tohn Boyce. et al.. Defendants
Consolidation Coal Co., Eastern Associated Coal Co.,
Mononghela Power Co., and Westinghouse Electric
Corporation agree to pay $500,000 in past response
costs incurred by the U.S. at "Big John Salvage"
Superfund Site near Fairmont, West Virginia. DOJ
received comments until January 10,1990.
EPA has agreed to settle claims under CERCLA for
response costs incurred at the CSXT Middleton Train
Derailment Site, Middleton, Elbert County, Georgia,
with CSX Transportation, Inc. Comments were
accepted until January 12,1991.
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
December 14,1990 (55 FR 51416)
(immediate final rule)
December 14,1990 (55 FR 51532)
(final rule)
December 17,1990 (55 FR 51707)
(final rule correction)
December 17,1990 (55 FR 51707)
(final authorization)
December 18,1990 (55 FR 51928)
(notice of intent to delete NPL
site)
December 18,1990 (55 FR 51969)
(notice)
EPA is granting final authorization for Florida's
Hazardous Waste Program. The effective date was
February 12,1991 unless EPA published a prior
Federal Register withdrawing this immediate final
rule. Comments were received until January 14,1991.
EPA is adopting revisions to the Hazard Ranking
System, the principal mechanism for placing sites on
the National Priorities List. The revisions change the
way the EPA evaluates potential threats to human
health and the environment from hazardous waste
sites and make the hours more accurate in assessing
relative potential risk. The effective date was
March 14,1991.
EPA is correcting errors in the preamble, and \
amendments to the regulations which appeared in the
Federal Register on November 2,1990, which listed
two new wastes, F037 and F038, under 40 CFR 261.31.
These wastes are generated in the separation of oil/
water/solids from petroleum refinery process
wastewaters and oily cooling wastewaters.
EPA is granting final authorization for Connecticut's
State Hazardous Waste Program. Final authorization
for Connecticut was effective on December 31,1990.
EPA is proposing its intent to delete the M & T Delisa
Landfill Site from the National Priorities List. EPA
and the State of New Jersey have determined that no
further cleanup by responsible parties is appropriate
under CERCLA. Moreover, EPA and the State have
determined that CERCLA activities at the site have
been protective of public health, welfare, and the
environment. Comments were submitted on or before
February 17,1991.
DOJ gives notice of a proposed Consent Decree and
modification in United States v. American Cyanamide
Co.. on December 14,1990. The decree pertains to the
United States Titanium Superfund Site in Nelson
County, Virginia. DOJ received comments until
January 17,1991.
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
December 18,1990 (55 FR 51969)
December 18,1990 (55 FR 51970)
December 18,1990 (55 FR 52012)
(notice of availability and review)
December 20,1990 (55 FR 52225)
(notice)
December 24,1990 (55 FR 52887)
(notice)
DOJ gives notice of a proposed Consent Decree in
United States v. GSX Chemical Services, Inc.. on
December 5,1990. The proposed Consent Decree
concerns the GSX facility located at 7415 Bessemer
Avenue in Cleveland, Ohio, pursuant to RCRA. DOJ
received comments until January 17,1991.
DOJ gives notice of a proposed Consent Decree in
United States v. The Town of Oyster Bay. The
proposed Consent Decree concerns the response to the
existence of hazardous substances at the Syosset
Landfill Site in Oyster Bay, New York, pursuant to
CERCLA. DOJ received comments until January 17,
1991.
The EPA Office of Information Resources Management
is announcing the availability of a new financial v
assistance program "State/EPA Data Management
Assistance Program" to support the development of
innovative projects for the State/EPA Data
Management Program. The grants and cooperative
agreements are authorized under CERCLA, SWDA,
CWA, SDWA, CAA, TSCA, & FIFRA.
DOJ is giving notice of a proposed Consent Decree in
United States v. Central Maine Power. Civil No.
90-0302B, lodged with the U.S. District Court for the
District of Maine resolving the matter. The proposed
Consent Decree concerns the response to the existence
of hazardous substances, such as polychlorinated
biphenyls and lead, at the O'Connor Superfund site
near Augusta, Maine, pursuant to CERCLA. DOJ
accepted comments until January 19,1991.
EPA has reached an agreement with Boliden Intertrade
A.G. ("Boliden"), a Swedish company, regarding clean-
up and liability for past contamination in Tennessee.
Boliden, under the agreement, will not be held liable
pursuant to CERCLA and RCRA for contamination at
the Copperhill site which occurred before Boliden
assumed operation of the facility on March 20,1990,
but Boliden will be held liable for any contamination
resulting from its operation of the facility.
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December 28,1990 (55 FR 53367) DOJ is giving notice of a Consent Decree in United
(notice) States v. Environmental Control Services. Inc., on
November 16,1990. The Consent Decree provides for
penalties for failure to comply with Federal and State
regulations for the transportation of hazardous waste
and requires defendants to comply with RCRA. DOJ
received comments until January 27,1991.
December 31,1990 (55 FR 53586) EPA has agreed to settle claims for response costs
(notice of proposed settlement) under CERCLA at the Big O Jamboree Music Club
Pesticide Site in Williamstown, North Carolina, with
Olin Corporation. EPA received comments until
January 30,1991.
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