UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
530 R9 11 02
APR 2 2 19S
'
MEMORANDUM
SUBJECT: Final Monthly Report— RCRA/Superfund Industry Assistance and
Emergency Planning and Community Right-To-Know Information
Hotline Report for February 1991
u^CLuxrtaU-
FROM: BarbaraRoth, Project Officer
Office of Solid Waste
TO: Addressees
This Report is prepared and submitted in support of Contract No. 68-WO-0039.
I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES— FEBRUARY 1991
RCRA
1. Petroleum Refinery Wastewater Treatment Sludge Classification
A petroleum refinery produces large volumes of process and oily cooling
wastewaters. Prior to discharge into the facility's privately owned treatment works,
the wastewater undergoes treatment to meet applicable Clean Water Act discharge
limits. At various points throughout the wastewater treatment process, the facility
generates a sludge which is disposed of in a RCRA Subtitle D landfill. The
November 2, 1990 Federal Register (55 FR 46354), promulgated two new petroleum
refinery wastewater treatment sludge listings, F037 and F038. After May 2, 1991, the
effective date of this rule, which of the facility's treatment sludges will need to be
classified according to the new designations and therefore become subject to RCRA
Subtitle C requirements?
In developing the new listings, EPA concluded that sludges resulting from
various petroleum refinery wastewater treatment sources contain similar
levels of hazardous constituents as those generated in Dissolved Air Flotat . :
Printed c
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1. Petroleum Refinery Wastewater Treatment Sludge Classification (Cont'd)
(DAF) units and American Petroleum Institute (API) separators, which are
already designated as K048 and K051, respectively. Consequently, the
Agency promulgated the nonspecific source F037 and F038 waste listings to
ensure that regulatory coverage was extended to all petroleum floats and
sludge resulting from primary wastewater treatment that are not covered
under more unit-specific K designations. (55 FR 46356)
To determine the applicability of the F037 and F038 listings, the facility must
ascertain the origin of the wastewater treatment sludges. Petroleum refinery
process and oily cooling wastewaters are generally treated in two phases:
primary treatment and secondary (biological) treatment. Primary wastewater
treatment in the petroleum refining industry covers only the two initial stages
of treatment which are designed to use physical and chemical processes to
separate oil, water and solids from the wastewater stream.
Specifically, the F037 listing description is assigned to sludges resulting from
the first stage of primary treatment where gravitational oil/water/solids
separation is performed. The F038 designation pertains to floats and sludges
that arise from the second stage of primary treatment in which physical and
chemical processes are employed to separate emulsified oil/water/solids
from refinery wastewaters. (55 FR 46363) PLEASE NOTE: sludges resulting
from secondary wastewater treatment, which are distinguished by the active
biological degradation phase that follows primary treatment, are not covered
by the new petroleum refinery sludge rule.
A final consideration when determining the scope of the F037 and F038
listings are the exemptions for sludges generated from specific situations.
These include (1) sludges generated from storm water units that do not
receive dry weather flow; (2) sludges (or floats) generated from aggressive
biological treatment units; and (3) sludges resulting from specific wastewater
treatment units already designated as K048 and/or K051. (55 FR 46358) The
exemptions ensure that only sludges and floats resulting from previously
unregulated activities or activities within the scope of the new listings (i.e.,
only primary treatment) are identified as hazardous under the F037 and F038
waste codes.
Source: John Austin, OSW (202) 382-4789
Research: Stephen Buchanan
CERCLA
2. Release into the Environment of a CERCLA Hazardous Substance
A facility has a spill of a metal chloride into the soil. Workers dean up the relea-<
applying water to the spill. With the application of the water, a chemical reactu •
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2. Release into the Environment of a CERCLA Hazardous Substance (Cont'd)
takes place with the metal chloride, converting into hydrochloric acid. What are the
possible reporting requirements under 40 CFR 302.6?
According to 40 CFR 302.6, a release of a Reportable Quantity (RQ) or more of
a hazardous substance into the environment during any 24-hour period is
reportable. The term "release into the environment" is defined in the April 4,
1985 Federal Register (50 FR 13456) and includes "...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." (50 FR 13462)
If the particular metal chloride is not a specifically listed hazardous substance
under the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), then the initial spill of the metal chloride into the soil
is not reportable. In the process of cleaning up the spilled material, however,
a CERCLA hazardous substance, hydrochloric acid, is generated. Therefore,
a release of a CERCLA hazardous substance into the environment has
occurred. Notification is required if an RQ or more of the hydrochloric acid is
released within a 24-hour period.
If the particular metal chloride is a specifically listed CERCLA hazardous
substance, then the initial spill of the metal chloride into the soil becomes
reportable when an RQ or more is released within a 24-hour period. If upon
cleaning up the spill another CERCLA hazardous substance is produced, this
release should be reported when an RQ or more is released within a 24-hour
period.
Furthermore, certain persons connected to releases of CERCLA hazardous
substances are liable for the cleanup of the release under CERCLA §107(a).
Also, note that some substances that fall within listed broad generic
categories are CERCLA hazardous substances. (50 FR 13461)
Sources: Ivette Vega, OERR
Gerain Perry, OERR
Research: Jeff Gunrmlfsen/Cynthia Hess
(202) 475-7369
(202) 382-5650
SARA TITLE III
3. Section 312 Facility Inspections
Section 312(f) states that "(u)pon request to an owner or operator of a facility wh
files an inventory form under this section by the fire department with jurisdictu
over the facility, the owner or operator of the facility shall allow the fire depart n
to conduct an on-site inspection of the facility, and shall provide to the fire
department specific location information on hazardous chemicals at the facilits
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3. Section 312 Facility Inspections (Cont'd)
Can the fire department request an on-site inspection of a facility which does not file
an inventory form under Section 312 since the chemicals are present at the facility
below the threshold?
Yes. Section 312(e)(l) permits fire departments with jurisdiction over the
facility to request the owner or operator of the facility to provide Tier n
information concerning the facility. When a fire department requests Tier n
information pursuant to section 312(e)(l), the applicable threshold for the
facility subject to the request is zero. (40 CFR §370.20(b)) Therefore, upon a
fire department's request, the facility would have to file Tier n forms. Because
the owner or operator of the facility would be required to file a Tier n form,
the owner or operator must allow the fire department to conduct an on-site
inspection of a facility that has not previously filed.
Source: Kathy Jones, CEPPO (202) 475-8353
Research: Dipti Singh
4. Section 312 Owner/Operator Reporting Responsibilities
A facility changed ownership during the third quarter of the 1990 calendar year.
Which owner/operator is responsible for the submission of the Section 312 Tier II
form for the calendar year 1990?
Both owners and operators have responsibility for reporting under Section
312. While it is not required under sections 311 and 312, it would further the
purposes of SARA Title in if owners and operators inform the State
Emergency Response Commission (SERC) about the change in ownership of
the facility. But, cf. 40 CFR 355.30(d)(l) requires that the "owner of a facility
subject to Sections 302 and 303 shall promptly inform the Local Emergency
Planning Committee (LEPC) of any change relevant to emergency planning."
Also, the SERC should be consulted to determine if two separate reports, one
for each period of ownership, are preferred to be filed, or if one combined
report, capturing all information for the entire year is more desirable.
Parties may wish to address who will report and the provision of necessary
records in the purchase agreement. Of course, a person who is liable for
reporting cannot shed his liability through any private arrangement such as a
purchase agreement.
Source: Kathy Jones, CEPPO (202) 475-8353
Research: Sicy Jacob
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5. 311/312 Responsibility for Reporting
An owner leases a facility to another person. The lease agreement states that "(i)n its
use and occupancy of the facility and in its use of the leased equipment, the lessee
shall abide by and comply with all governmental laws, regulations and require-
ments." Does this contractual language exempt the owner of the facility from
reporting under Section 311/312 of Title m?
No. Private parties cannot by contract exempt themselves from liability
created by the statutory provisions of Title HI. Note, however, that the law
assigns the responsibility for reporting under Sections 311/312 to "the owner
or operator of any facility which is required to prepare or have available a
material safety data sheet (MSDS) for a hazardous chemical under the
Occupation Safety and Health Act of 1970 and regulations under that act." In
some instances, both the owner/lessor and operator/lessee may have the
responsibility for MSDS requirements, even for the same chemicals. In other
instances only one party is assigned responsibility under the OSHA
Hazardous Communication Standard for preparation or availability of MSDS.
Source: Kathy Jones, CEPPO (202) 475-8353
Research: Dipti Singh
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H. ACTIVITIES - FEBRUARY 1991
1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-
to-Know Hotline responded to 19,723 questions, referrals and requests for
documents in February. The breakdown is as follows:
RCRA Superfund UST CEFP
Information Questions 6,478 1,307 555 5,189= 13,529
Call Document Requests* 2,593 293 181 1,466= 4,533
Referrals "916 — ***745 = 1.661
Totals 9,987 1,600 736 7,400= 19,723
* 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/Superfund/CEPP Hotline Activities
The Hotline Information Specialists were briefed by EPA staff on the following
topics:
Recycling
RCRA documents and information resources
Code of Federal Regulations - the OSWER Sections
RCRA State programs and permits
Procedures for handling interpretive calls
Pollution prevention and Tide HI activities
Section 311/312 issues.
The Information Specialists provided research results and call load analyses on the
primary sludge rule for the Office of Solid Waste. The Information Specialists also
attended an OUST video session and the Title HI Implementation Workgroup
meeting. The Hotline Management team attended the Superfund information and
document management support meeting regarding the improvement, efficiency an J.
effectiveness of Superfund's document distribution.
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IU. ANALYSES OF OUESTION&-F»bruary 1991
RCRA/Superfund/UST
Summary of Calls by EPA Region
Region 1
Region 2
Regions
Region 4
Region 5
Regions
Total Questions:
Total Documents Requests:
RCRA/Superfund Hotline
5.5%
11.1%
20.3%
12.6%
16.4%
7.9%
Region 7
Region 8
Region 9
Region 10
International Calls
8,340
3,067
4.0%
6.4%
11.4%
3.9%
0.5%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
LIST O/O
RCRA
General Information
§3010 Notification
§260.10 Definitions
§260.22 Petrtions/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 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
9.5%
9.3%
1.1%
3.2%
0.6%
1.5%
2.5%
3.6%
2.5%
0.4%
1.5%
585
224
109
30
160
417
598
531
219
96
180
49
223
48
99
102
81
31
Consultants
Attorneys
Laboratories
Univ ./Researchers
Trade Associatons
Insurance Co.'s
Environmental Groups
Press
Citizens
Other
§263 Transporters
§266 C Use Constituting Disposal
§266 D HW Burned for Energy Rec.
§266 E Used Oil Burned for Energy Recovery
§266 F Precious Metal Reclamation
§266 G Spent Lead— Acid Battery Reclamation
Subtitle D: Municipal Solid Waste
Subtitle D: Other
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Medical/Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
25.0%
10.3%
2.4%
4.7%
0.9%
0.6%
1.4%
0.8%
13.8%
4.4%
65
28
127
74
22
25
137
27
85
71
8
45
187
22
7
37
136
61
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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 Groundwater Monitoring
G Closure/Post Closure
H Rnancial Requirements
1 Containers
J Tanks
K Surface Impoundments
L Waste Piles
M Land Treatment
N Landfills
Liquids in Landfills
O Incinerators
P Thermal Treatment
Q Chem., Phys., Biol Treatment
R Underground Injection
86
55
14
11
21
28
61
50
45
75
41
8
22
36
8
115
5
7
0
X Miscellaneous
§268 General
§268 Solvent & Dioxins
§268 California List Wastes
§268 Scheduled 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
14
141
37
36
194
33
60
74
'34
13
9
51
1
8
23
116
6,478
2,593
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 Req.
§280 D Release Detection
§280 E Release Rpt. & Investigation
63
56
1
46
0
13
16
14
14
24
12
53
30
§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 Questions
UST Document Requests
18
21
8
21
76
27
15
9
14
4
555
181
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CERCLA
Access & Information Gathering
Administrative Record
Allocations from Fund
ARARs
CERCLIS
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
64
2
8
48
119
9
17
29
14
17
9
7
9
10
15
9
9
7
29
2
55
12
61
84
3
2
0
NCP
Notification
NPL
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 Questions
CERCLA Document Requests
Referrals
Referrals - EPA HO
Other Hotlines
Regions
State
GPO/NTIS/PIC
ORD/Dockets
Other
SUBTOTAL
50
47
137
0
0
9
9
-22
2
2
9
14
32
23
23
35
41
98
6
15
13
7
4
32
27
1,307
293
109
228
70
112
92
71
234
916
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CEPP, Total Questions:
5,189 Total Document Requests:
(Written and Verbal)
1,466
Emergency Planning Community Right-to-Know Information Hotline
February 1991
Summary of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
6.5%
9.6%
21 .2%
14.8%
23.4%
0.0%
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
7.5%
4.3%
2.5%
7.3%
1 .6%
1.3%
Calls
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
(TOTAL Mfg. (%)
(Title III General
§301-3 Emergency Planning
SERCs/LEPC
Notification
Mixtures
Extremely Hazardous Substances
3.44%
0.04%
1.16%
0.04%
0.73%
0.83%
1 .06%
1 .32%
12.55%
1 .24%
2.18%
0.18%
1.71%
2.91%
3.87%
1 .28%
3.21%
2.44%
0.67%
2.38%
1 .32%
44.56%
120
40
14
44
150
Distributors
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
3.50%
3.30%
15.40%
1.16%
0.41%
0.35%
2.26%
0.18%
1 .00%
2.03%
0.47%
1 .40%
1 .20%
0.83%
0.79%
1 .04%
0.73%
0.04%
2.93%
0.04%
16.38%
Delisting EHS
Exemptions
(7.86%) 40 8;
3 a
4 :
(8.63%) 443
10
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S311/5312
General
MSDS Reporting Requirements
Tier l/ll Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
| (45.44%)
§313
Form R
Thresholds
Phase I
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Exemptions
| (30.22%)
449
136
911
400
23
103
146
190
2,358|
781
189
83
14
8
123
141
1 1
111
107
1,568
Release Notification
General
Notification Requirements
Reportable Quantities
RQs vs. TPQs
Transportation
Exemptions
(4.45%)
90
28
60
0
1 1
42
231
DOCUMENT REQUEST (VERBAL &
WRITTEN SUBTOTAL)
1,466
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
(0.46%)
20
0
0
4
24|
CEPP: Interim Guide
Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
•o
0
8
2
1
9
1
1
94
(2.24%) 116|
Trade Secrets (0.35%)
Enforcement (0.27%)
18
14
Liability (0.08%)
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
State/SERC
TRI US
Other
TOTAL
4
192
2
1
1 17
42
32
176
23
160
745
RCRA/SUPERFUND/UST/EPCRA
QUESTIONS, DOCUMENT REQUESTS
AND REFERRALS GRAND TOTAL
19,723
11
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IV. PUBLICATIONS - FEBRUARY 1991
RCRA
The following documents are available through the RCRA/SF Hotline:
Subject "LDR Third Thirds"
"Land Disposal Restrictions Third Thirds Scheduled Wastes, Final Rule
Technical Amendment," January 31,1991. The Order No. is
EPA/OSW-FR-91-006.
Subject: " Monitoring Well Locations"
"The Hazardous Waste Management System; Amendments to Interim Status
Standards for Downgradient Groundwater Monitoring Well Locations, Proposed
Rule," January 18,1991. The Order No. is EPA/OSW-FR-91-014.
Subject: "Toxicity Characteristic"
"Toxitity Characteristic, CFC Notice - Interim Final Rule with Requests for
Comments, February 13,1991. The Order No. is EPA/OSW-FR-91-005.
Subject: " Wells at Hazardous Waste Facilities"
"The Environmental Fact Sheet: Proposed Amendment to Interim Status
Standards for Downgradient Monitoring Wells Locations at Hazardous Waste
Facilities;1 January 1991. The Order No. is EPA/530-SW-91-036.
Subject: "Boilers and Industrial Furnaces"
"Burning Hazardous Waste in Boilers and Furnaces," (Final Rule), December 31,
1990. The Order No. is EPA/OSW-FR-91-012.
12
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IV. PUBLICATIONS - FEBRUARY 1991 (CONT'D)
Title III
The following documents are available through the Title III Hotline. Please note the
revised document number, where applicable.
Subject: "Section 313 Release Reporting Requirements"
"The Emergency Planning and Community Right-to-Know Act: Section 313
Release Reporting Requirements." Revised December 1991. The document
number is EPA 560/4-91-002.
Subject: "Magnetic Media Instructions for Filling of Form R"
"Toxic Chemical Release Inventory Magnetic Media Submission Instructions;
Section 313 of the Emergency Planning and Community Right-to-Know Act."
Revised January 1991. The document number is EPA 560/4-91-008.
Subject: "List of Chemicals Reportable under Title III"
'Title HI List of Lists; Consolidated List of Chemicals Subject to Reporting under
the Emergency Planning and Community Right-to-Knpw Act." Revised January
1991. The document number is EPA 560/4-91-008.
Subject: "Performing QA Audit on Form R"
"Section 313 Emergency Planning and Community Right-to-Know Act; Quality
Assurance Audit Manual," August 1990. The document number is
EPA 560/4-90-018.
Subject: "Understanding Health Risks"
"Hazardous Substances in our Environment; A Citizen's Guide to Understanding
Health Risks and Reducing Exposure," September 1990. The document number
is EPA 230/09/90/081.
13
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
V.
FEDERAL REGISTER NOTICES - FEBRUARY 1991
Former Notices With Open Comment Periods
October 16,1990 (55 FR 41881)
(notice)
October 17,1990 (55 FR 42067)
(notice)
December 18,1990 (55 FR 51928)
(notice of intent to delete NPL site)
January 7,1991 (56 FR 525)
(notice & request for comment)
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. The length
of the comment period is unspecified.
EPA proposed 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 clean-
up by responsible parries 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.
This notice announced the availability of and
requests for comments on recently acquired
data on 5 of the 20 mineral processing wastes
studied in the July 1990 Report to Congress
on Special Wastes from Mineral Processing.
Comments were accepted through February
6,1991.
14
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
January 7,1991 (56 FR 535)
(notice of Consent Decree)
January 7,1991 (56 FR 535)
(notice of Consent Decree)
January 9,1991 (56 FR 875)
(notice of Consent Decree)
January 11,1991 (56 FR 1154)
(proposed rule)
Department of Justice (DOJ) gives notice of a
proposed Consent Decree in United States v.
AUX Corporation, et al.. lodged in the United
States District Court for the District of
Massachusetts for past and future clean-up
costs, for injunctive relief, and for natural
resources damage at the New Bedford
Harbor Superfund site. DOJ received
comments until February 6,1991.
DOJ gives notice of a Consent Decree in
United States v. Solid States Circuits. Inc..
a/k/aMRAC. Inc.. lodged in the United
States District Court for the Western District
of Missouri. The proposed Consent Decree
requires that Solid State Circuits undertake
remedial action selected in the Record of
Decision and pay the unreimbursed past and
future costs of the United States. DOJ
accepted comments until February 6,1991.
DOJ gives notice of a proposed partial
Consent Decree in United States v. Thomas
Solvent Company, et al., lodged with the
United States District Court for the District of
Michigan. DOJ received comments in
relation to the proposed partial Consent
Decree until February 8,1991.
EPA is proposing a regulation pertaining to
the "sunset" provision of 40 CFR 372.30(e),
the rule that implements Section 313 of the
Emergency Planning and Community Right-
to-Know Act. This proposed rule would
retain range reporting with only minor
modifications. This rule commits EPA to
further action on pollution prevention daily
collection in the near future. EPA accepted
comments through February 11,1991.
15
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
January 14,1991 (56 FR 1388)
(open meeting)
January 15,1991 (56 FR 1542)
(notice of proposed Consent
Decree)
January 16,1991 (56 FR 1653)
(notice of Consent Decree)
January 16,1991 (56 FR 1654)
(notice of Consent Decree)
EPA announced the Science Advisory
Board's Environmental Engineering
Committee planning, coordination and
review meeting on February 7 and 8,1991.
Topics included analysis of contaminants
release; municipal solid waste recycling;
ground water monitoring; and OSWER's
Model Management Initiative.
DOJ gives notice of a proposed Consent
Decree in United States v. Alabama Power
Company, etal.. lodged in the United States
District Court for the Northern District of
Alabama, Southern Division. The Consent
Decree concerns the reimbursement by
Alabama Power Company and 103 other
defendants to the United States for
response costs incurred by the United States
in the clean-up of hazardous substances at
the Mowbray Engineering Company
Superfund Site in Greenville, Alabama. DOJ
received comments until February 14,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Ciba-Geigy Corp.,
et al., lodged with the United States District
Court for the Eastern District of
Pennsylvania. This Consent Decree
involves ground water contamination at the
Kimberton Superfund Site in Kimberton,
Chester County, Pennsylvania. DOJ
received comments until February 15,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Gulf Coast
Recycling, Inc., lodged in the United States
District Court for the Middle District of
Florida. This agreement resolves a judicial
enforcement action brought by the United
States against the defendant pursuant to
Section 107 of CERCLA. DOJ received
comments until February 15,1991.
16
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
January 18,1991 (56 FR 1929)
(immediate final rule)
January 18,1991 (56 FR 2108)
(proposed rule)
January 23,1991 (56 FR 2525)
(notice; request for comment)
North Carolina has applied for final
authorization of a revision to its authorized
hazardous waste program under RCRA.
The revision consists of a recodification of
the Hazardous Waste Management rules
and a reorganization of the Hazardous
Waste Management Program under a new
department. EPA is granting final
authorization to North Carolina to operate
its revised program subject to authority
retained by EPA under the Hazardous and
Solid Waste Amendments of 1984. All
comments must be received by 4:30 p.m. on
February 19,1991.
EPA is proposing to amend 40 CFR 265.91 to
allow alternate placement of hydraulically
downgradient monitoring wells at interim
status facilities where existing physical
obstacles prevent installations at the limit of
the waste management area. Written
comments on this proposed rule must be
received by March 19,1991.
EPA is giving notice that a proposed
administrative cost recovery settlement
concerning the Cummings Salvage Yard
Site, Sedalia, West Virginia, was issued
under Superfund on December 21,1990.
The settlement resolves an EPA claim
against Publicker Industries, Inc., and
requires the settling party to pay $93,923.22
to the Hazardous Substances Superfund.
Comments were accepted through
February 22,1991.
17
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
January 23,1991 (56 FR 2525)
(notice; request for comment)
January 29,1991 (56 FR 3235)
(FACA Committee meeting)
January 29,1991 (56 FR 3266)
(Lodging of Consent Decree)
The EPA is giving notice that a proposed
administrative cost recovery settlement
concerning the Oakland Drum Site,
Oakland, Massachusetts, was issued under
Superfund on December 21,1990. The
settlement resolves an EPA claim against
Publicker Industries, Inc. and requires the
settling party to pay $311,886.69 to the
Hazardous Substances Superfund.
Comments were accepted through
February 22,1991.
The EPA gave notice of the next meeting of
the Federal Advisory Committee to
negotiate a rule to recycle lead acid
batteries. The purpose of the meeting is to
consider information on the status of lead
acid battery recycling and to generate and
discuss issues and options for the committee
to discuss. The meeting was held on
February 13,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Allied
Corporation, et al., lodged in the United
States District Court for the Northern
District of California on December 21,1990.
This action was brought pursuant to Section
107 of CERCLA. Allied-Signal Incorporated
agrees to pay $10 million to reimburse the
United States Naval Weapons Station,
Concord, California. DOJ received
comments through February 28,1991.
18
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
January 29,1991 (56 FR 3267)
(Lodging of Consent Decree)
January 29,1991 (56 FR 3267)
(Lodging of Consent Decree)
January 29,1991 (56 FR 3267)
(Lodging of Consent Decree)
DOJ gives notice of a proposed Consent
Decree in United States v. Union Research
Co., Inc., et al.. lodged in the United States
District Courts for the District of Maine
resolving Counts n and HI of the complaint
filed on this matter as to defendant IMC
Magnetics Corp. The action concerns the
defendant's response to an information
request by the EPA pursuant to CERCLA
and RCRA. The defendant will pay the
United States $7,500 to settle for injunctive
relief and penalties. DOJ received
comments through February 28,1991.
DOJ is giving notice of a proposed Consent
Decree in United States v. Union Research
Co., Inc., et al., lodged in the United States
District Court for the District of Maine
resolving Counts I and IV of the complaint
filed in this matter as to defendants Union
Research Co., Inc., and Raymond Esposito.
The action concerns the response pursuant
to CERCLA to the existence of hazardous
substances at the Union Chemical Site
located in South Hope, Maine, and an
Administrative Compliance Order pursuant
to RCRA. The defendant will reimburse the
United States $20,000, plus interest, to settle
the claim for past response cost and
injunctive relief and penalties. DOJ received
comments through February 28,1991.
DOJ is giving notice of a proposed Consent
Decree in United States v. Union Pacific
Railroad Company, lodged in the United
States District Court for the District of
Wyoming. The Decree pertains to the
Baxter/Union Pacific Tie Treating Site in
Laramie, Wyoming, and requires the
defendant to pay the United States
$253,317.01, which equals 86.6 percent of the
costs sought in the complaint. DOJ receu ed
comments through February 28,1991.
19
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
FEBRUARY FEDERAL REGISTER NOTICES
February 1,1991 (56 FR 3978)
(interim final rule)
February 6,1991 (56 FR 4825)
(notice of proposed settlement)
February 11,1991 (56 FR 5634)
(Notice of recategorization of sites on the
National Priorities List)
February 11,1991 (56 FR 5598)
(Final rule)
This notice further extends the compliance
date under the TCLP for groundwater that
is reinjected or reinfiltrated during existing
hydrocarbon recovery operations at
petroleum refineries, marketing terminals
and bulk plants to March 25,1991. The
previous date was January 25,1991, and was
promulgated on October 5,1991. (55 FR
40834) The purpose of the extension is to
allow the Agency sufficient time to fully
evaluate comments received on this issue.
EPA gives notice of an agreement to settle
claims for response costs at the Olin
Mercury Site, Charleston, Tennessee, with
Olin Corporation. EPA will accept
comments through March 8,1991.
EPA announces the recategorization of 14
Superfund sites on the National Priorities
List (NPL). This notice activates the
Construction Completion category of the
NPL. The purpose of the recategorization is
to more clearly communicate to the public
the status of the clean-up progress at sites.
EPA is amending Appendix B of the
National Oil and Hazardous Substances
Pollution Contingency Plan (NCP). The
National Priorities List was revised by
adding 6 sites. This action also withdraws
the proposal of 8 other sites for inclusion on
the NPL. Six sites previously proposed for
the NPL have had no final disposition to
date. This rule results in a final NPL of
1,189 sites, 116 of them in the Federal
section; no sites remain proposed for the
NPL. The effective date for this amend -
to the NPL will be March 13,1991.
20
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
February 11,1991 (56 FR 5424)
(notice of Consent Decree)
February 11,1991 (56 FR 5424)
(notice of Consent Decree)
February 13,1991 (56 FR 5826)
(notice of final decision on exemption
petition)
February 13,1991 (56 FR 5910)
(interim final rule)
DOJ gives notice of a proposed Consent
Decree in United States v. Larry Flicker
Company, Inc.. et al.. Civil Action No.
(86-8384-WJR), lodged in the United States
District Court for the Central District of
California to recover costs incurred in the
removal of hazardous substances from a
facility owned and operated by the
defendants. DOJ will receive comments
through March 13,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Witco Corporation
(Civil Action No. 91-022) lodged in the
United States District Court for the District of
Delaware. The Consent Decree requires the
defendant to pay $390,000 in past response
costs incurred at the "New Castle" Superfund
site in New Castle, Delaware, and to perform
the Remedial Design/Remedial Assessment
at the site. DOJ will receive comments
through March 13,1991.
EPA gives notice that an exemption to the
Land Disposal Restrictions has been granted
to Cab-O-Sil Division, Cabot Corporation of
Tuscola, Illinois, for use of their Well No. 1.
Cabot has demonstrated to a reasonable
degree of certainty that there will be no
migration of hazardous constituents from the
injection zone for as long as the waste
remains hazardous.
EPA promulgated an interim final rule to
amend 40 CFR 261.4 (b) to suspend the
Toxicity Characteristic rule for used
refrigerants which exhibit the Toxicity
Characteristic and which are recycled. TV <
exemption only applies if the refrigerar s ,> -.
reclaimed for reuse. EPA will receive
comments through April 1,1991.
21
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
February 14,1991 (56 FR 6035)
(notice of Consent Decree)
February 14,1991. (56 FR 6035)
(notice of Consent Decree)
February 20,1991 (56 FR 6849)
(notice of expert panel meeting)
DOJ gives notice of a proposed Consent
Decree in United States v. Chovanak, et al.,
lodged in the United States District Court for
the District of Montana. The Decree pertains
to the Motherlode Site in Helena, Montana,
and requires the defendant to pay $250,000 in
past response costs. DOJ will receive
comments through March 16,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Colorado &
Castern Railroad Company, Inc., (Civil
Action No. 89-C-1186), lodged in the United
States District Court for the District of
Colorado. The Consent Decree requires the
defendant Maytag Corporation to pay
$100,000 in past response costs incurred at
the Woodbury Chemical Superfund Site in
Commerce City, Colorado. DOJ will receive
comments through March 16,1991.
EPA gave notice of an expert panel meeting
to be held by the Environmental Criteria and
Assessment Office of EPA's Office of Health
and Environmental Assessment to facilitate
the preparation of a draft document titled
"Potential Hazards of Municipal Solid Waste
Recycling." The meeting was held on
February 25 and 26. Members of the public
were invited to attend. EPA accepted
comments until February 26,1991.
22
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
February 20,1991 (56 FR 6863)
(notice of Consent Decree)
February 21,1991 (56 FR 7134)
(final rule)
February 22,1991 (56 FR 7305)
(notice of compliance schedule)
DOJ gives notice of a proposed Second
Partial Consent Decree in United States v.
Chevron Chemical Company, et al., lodged
in the United States District Court for the
Central District of California. The action
was brought for performance of certain
remedial action at the Operating Industries,
Inc., landfill in Monterey Park, California,
and for reimbursement of response costs
incurred by the EPA with respect to releases
and the threat of hazardous substances at
the site. DOJ will receive comments
through March 22,1991.
EPA promulgated a final rule expanding the
controls on hazardous waste combustion to
regulate air emissions from the burning of
hazardous waste in boilers and industrial
furnaces. This rule also subjects owners and
operators of these devices to the general
facility standards applicable to hazardous
waste treatment, storage, and disposal
facilities, and subjects hazardous waste
storage units at regulated burner facilities to
Part 264 standards. Finally, this rule also
takes action on two pending petitions for
rulemaking from Dow Chemical Company
and the American Iron and Steel Institute,
and makes several technical corrections to
40 CFR 270.73. The technical corrections
were effective on February 21,1991. The
final rule is effective on August 21,1991.
EPA published a compliance schedule for
North Dakota to modify its State program in
accordance with 40 CFR 271.21 (g) to adopt
program modifications. North Dakota
expects to submit an application to EPA ;or
authorization of program revisions by
July 1,1991.
23
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RCRA/Super-fund Hotline
National Toll Free # 80' 424-9346, Washington DC Metro #703/920-9810
February 22,1991 (56 FR 7378)
(request for applications)
February 22,1991 (56 FR 7399)
(notice of Consent Decree)
February 22,1991 (56 FR 7400)
(notice of Consent Decree)
The purpose of this Request for Applications
(RFA) is to solicit proposals which will result
in the development of innovative cost-
effective methods for the removal of heavy
metals at Superfund sites. The research and
development projects being solicited are
envisioned to be completed within two
years. The original and eight copies of the
application must be received no later than
the close of business May 15,1991, to be
considered for the RFA.
DOJ gives notice of a proposed Consent
Decree in United States v. Sanford Airport
Authority, et al., lodged in the United States
District Court for the Middle District of
Florida. Under the proposed Consent
Decree, the Sanford Airport Authority will
pay $246,683.70 to reimburse Superfund for
costs incurred by the United States in
performing certain response actions at the
American Radiochemical Corporation
Superfund site. DOJ will receive comments
through March 23,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Union Research
Co., Inc.. et al.. (Civil Action No. 87-0355B),
lodged in the United States District Court for
the District of Maine resolving Counts n and
in of the complaint filed in this matter as to
defendant Spencer Press, Inc. Under the
terms of the Consent Decree, defendant will
pay the United States $15,000 to settle the
claim. DOJ will receive comments through
March 23,1991.
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington IX Metro #703/920-9810
February 25,1991 (56 FR 7567)
(technical amendment)
February 25,1991 (56 FR 7698)
(notice of proposed settlement)
February 26,1991 (56 FR 7825)
(notice of committee meeting)
EPA corrected an amendment to its
regulations under RCRA to remove
strontium sulfide (P107) from 40 CFR 261.33
and from Appendix Vm of Part 261. EPA
took regulatory action to remove this
chemical on October 31,1988, but the
amendatory instruction was incorrect and,
as a result, the chemical was not removed.
The regulation became effective on October
31,1988. This document does not affect the
effective date of the waste code removal.
Under section 122 (n) of CERCLA, EPA has
agreed to settle for claims for response costs
at the Tindall Property Site, Lawrenceburg,
Kentucky, with Baker Iron and Metal
Company; GTE South, Inc.; Kentucky
Association of Electric Cooperatives, Inc.;
and Kentucky Utilities Company. EPA will
receive comments through March 27,1991.
EPA gave notice of the remaining meetings
of the Federal Advisory Committee to
negotiate a rule to recycle lead acid
batteries. The meetings are open to the
public without advance registration. The
purpose of the meetings is to consider
information on the status of lead acid
battery recycling, and to generate and
discuss issues and option for attaining high
levels of lead acid battery recycling.
25
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
February 26,1991 (56 FR 7849)
(notice)
February 26,1991 (56 FR 7878)
(notice of Consent Decree)
February 26,1991 (56 FR 7878)
(notice of Consent Decree)
The EPA published a blueprint for a
comprehensive national pollution
prevention strategy in response to a request
from Congress. It is designed to serve two
purposes: to provide guidance and
direction to incorporate pollution
prevention into EPA's existing programs;
and to set forth a voluntary program for
industrial toxics that will achieve specific
objectives in pollution prevention within a
reasonable time-frame. As a nonregulatory
action, the strategy takes effect immediately;
however, EPA is interested in public input
on an ongoing basis.
DOJ gives notice of a proposed Consent
Decree in United States v. EDO Corporation,
etal.. (Civil Action No. 591 CV 0078),
lodged in the United States District Court
for the District of Connecticut resolving the
matter. The action concerns the response to
the existence of hazardous substances at the
Kellogg Deering Well Field site located in
Norwalk, Connecticut, pursuant to
CERCLA. DOJ will receive comments
through March 28,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Plastics
Manufacturing. Incorporated, lodged in the
United States District Court for the Middle
District of North Carolina. The action was
filed under CERCLA pursuant to the Clean
Air Act for alleged violations of the New
Source Performance Standards (NSPS) in 40
CFR Part 60, Subpart TTT, and the general
provisions contained in 40 CFR Part 60,
Subpart A. DOJ will receive comments
through March 28,1991.
26
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
February 27,1991 (56 FR 8218)
(notice of Consent Decree)
DOJ gives notice of a proposed Consent
Decree in United States v. Marisol. et. al.,
(Civil Action No. CV-88-1640), lodged in the
United States District Court for the Middle
District of Pennsylvania to recover costs
incurred in the removal at the Keyser
Avenue Borehole Site in Scranton,
Pennsylvania. DOJ received comments
through March 28,1991.
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