UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C 20460
530R91104
' -'••' ' JUN I 7 199'
in ..... -, L.I..., nUiM Ab'tMCY .r-.ct
LIBRARY. REGION V
MEMORANDUM
SUBJECT: Final Monthly Report— RCRA/Superfund Industry Assistance and
Emergency Planning and Community Right-To-Know Information
Ho*' ne Report for April 1991
FROM: Barbara Roth, 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— APRIL 1991
RCRA
1. Treatment of Reinjected Ground Water Resulting from RCRA Corrective Action
For the purposes of RCRA corrective action, must all contaminated groundwater
that is withdrawn from an underlying drinking water aquifer be treated to BOAT
standards established in the land disposal restrictions (40 CFR Part 268) prior to
reinjection of the water into the same aquifer?
No. There are two provisions which potentially restrict or prohibit injection of
contaminated groundwater: the Land Disposal Restrictions(LDRs) under
RCRA Section 3004 and the injection prohibited under RCRA Section 3020(a).
Groundwater which is not contaminated with "hazardous waste" is not
subject to either LDRs or Section 3020. Groundwater which contains
hazardous waste, but for which there is no LDR standards, is subject only to
Section 300.
RCRA Section 3020(a), prohibits the injection of a hazardous waste by
underground injection into or above an aquifer formation which contains an
underground source of drinking water. Section 3020(b) specifies that such
prohibition does not apply to contaminated groundwater which is reinjected
into the aquifer from which it was withdrawn if three criteria are met: 1) it is
$J& Printed on Recycled Paper
-------
1. Treatment of Reinjected Ground Water Resulting from RCRA Corrective Action
(Con't)
part of corrective action required under RCRA or CERCLA intended to clean-
up such contamination; 2) the contaminated groundwater is treated to
substantially reduce hazardous constituents prior to reinjection; a- I 3) the
proposed corrective action will be sufficient to protect human ht-uh and the
environment upon completion.
Groundwater which is contaminated by a hazardous waste for which there
are promulgated LDRs are also sub ject to the prohibition in Section 3020(a).
Moreover, EPA has interpreted the waiver provision under Section 3020(b) to
also be available for these wastes. See OSWER Directive #9234.1-06. Under
this interpretation, the Section 3004 LDRs otherwise applicable to disposal of
contaminated groundwater have been superceded, where the waste is
disposed by underground injection, by the restrictions on such disposal
under Section 3020. Thus, if the implementing agency at a particular site
finds that the treatment of groundwater as part of the response action has
"substantially reduced" the hazardous consituents and the response action is
"sufficient to protect human health and the environment," then the
groundwater may be reinjected even if it does not meet otherwise applicable
BDAT requirements.
Source: Dave Pagan, OSW (202) 382-4497
Research: Karen R. Alex
-------
SARA TITLE III
2. Section 313: Laboratory Exemption
A facility prepares a product that contains a listed toxic chemical for sample
distribution. The sample product is prepared on a small scale and is distributed to
potential customers for trial use. Would the amount of toxic chemical processed in
the preparation of these samples be exempted from threshold and release
calculations under the laboratory activities exemption (40 CFR 378.38(d))?
No. Amounts of listed toxic chemicals that are manufactured, processed, or
otherwise used in conjunction with the preparation of trial samples are not
excluded from threshold and release calculations under the laboratory
activities exemption.
Source: Sam Sasnett, OTS-ETD (202) 382-3821
Research: Tami McNamara
3. Section 313: Threshold Determination
A manufacturing facility ceased manufacturing operations at the beginning of the
reporting year and construction work took place through July. At that time, the
facility resumed manufacturing operations. Listed toxic chemicals were used at the
facility during the construction phase. For purposes of threshold and release
determinations under EPCRA Section 313, does the facility include in its threshold
and release calculations the toxic chemicals used during construction when the
facility was not in operation?
Yes. Since the facility is a manufacturing facility, any covered activity of a
listed toxic chemical will count toward an applicable threshold. Therefore,
the toxic chemicals used during the construction phase would be counted
toward threshold determinations. Releases from a given toxic chemical used
during construction would also be reported if, during the course of a calendar
year, an activity threshold was exceeded for that chemical.
Source: Ken Mitchell, OTS-ETD (202) 382-3960
Research: Rod DeBrew
-------
II. ACTIVITIES -APRIL 1991
1. The RCRA/Superfund Hotline and the Emergency Planning and Community
Right-to-Know Hotline responded to 20,903 questions, referrals and requests
for documents in April. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Questions 6,910 1,317 582 4,829 = 13,638
Call Document Requests* 2,954 219 180 1,514= 4,867
Referrals **1,681 — ***717 = 2,398
Totals . 11,545 1,536 762 7,060 = 20,903
* This number represents both written and verbal document requests.
** This number represents all referrals made by the RCRA/Super fund/UST
section of the Hotline.
*** This number represents all referrals made by the CEPP section of the Hotline.
RCRA/Superfund/CEPP Hotline Activities
During the month of April, EPA staff provided briefings to the Hotline Information
Specialists on Magnetic Media submissions under Section 313 of SARA Title III.
The Hotline Information Specialists attended the Title III Implementation work
group meeting and OUST staff meeting. The Hotline Information Specialists
provided research and analyses in the following areas: OSW's CFR inserts; toxicity
characteristic rule; scope of the commercial chemical product listing as it relates to
used and unused chemical formulations and toxicity characteristic leachate
procedure.
-------
III. ANALYSES OF QUESTIONS—April 1991
RCRAySuperfund/UST
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
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 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 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
Total Questions:
Total Documents Requests:
RCRA/Superfund Hotline
595
1,177
1,994
1,323
2,101
899
926
749
143
352
41
140
271
419
164
80
176
649
172
117
37
197
340
698
526
374
169
163
88
186
54
84
144
51
14
Region 7
Region 8
Region 9
Region 10
International Calls
TOTAL:
Consultants
Attorneys
Laboratories
Univ./Researchers
Trade Associatons
Insurance Co.'s
Environmental Groups
Press
Citizens
Other
TOTAL:
§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 Reclamatior
Subtitle D: Municipal Solid Waste
Subtitle 0: Other
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Medical/Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
8,809
3,353
380
572
1.236
440
32
10,717
2,833
1,092
232
392
105
75
130
49"
1,941
439
10,749
67
14
96
67
24
13
152
24
80
94
24
148
112
25
8
37
238
45
-------
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 Financial 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
126
42
15
17
23
47
62
35
68
70
39
27
25
28
4
56
4
4
0
X Miscellaneous
§268 General
§268 Solvent & Dioxms
§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
16
159
21
34
206
27
36
29
19
16
18
41
2
19
23
221
6,910
2,954
Underground Storage Tanks
General
§280.10 Applicability
§280.11 Interm Prohibition
§280.12 Definitions - General
LIST
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
64
62
0
38
2
11
7
14
20
17
19
63
18
§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
24
10
4
24
110
32
18
5
16
4
582
180
-------
CEPP, Total Questions: 4,829
Total Document Requests: 1,514
(Written and Verbal)
Emergency Planning Community Right-to-Know Information Hotline - April 1991
Distribution of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
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
I Title III General
§301-3 Emergency Planning
SERCs/LEPC
Notification
Mixtures
Extremely Hazardous Substances
285
447
685
694
994
11
178
3
52
6
39
41
46
85
567
105
111
9
61
111
270
70
147
119
29
105
103
83
19
16
12
51
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
(Total
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
(Total
Delisting EHS
Exemptions
I
389
193
141
457
109
100
4.505
98
145
722
45
30
28
90
8
138
85-
28
69
55
38
6
67
30
0
239
0
327
4,505
(9.26%) 44 7 1
6
25
(4.39%) 21 2|
8
-------
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
79
2
3
32
115
5
13
31
11
15
3
11
12
8
15
9
6
5
52
2
76
17
48
81
0
0
2
NCP
Notification
NPL
Off-Site Policy
On-Srte 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 HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC
ORD/Dockets
Other
SUBTOTAL
46
49
149
4
2
3
10
23
3
0
6
13
23
16
6
26
29
151
4
22
20
7
4
0
48
1,317
219
79
403
189
312
446
154
98
1681
-------
§311/312
General
MSDS Reporting Requirements
Tier l/lI Regulations
Thresholds
OSHA Expansion
Hazara Categories
Mixtures
Exemptions
§313
Form R
Thresholds
Phase
Phase II
Phase
Workshop (Training)
Petitions
Health Effects
Database
Exemptions
(51.09%)
Release Notification
General
Notification Requirements
Reportable Quantities
RQs vs. TPQs
Transportation
Exemptions
(4.60%)
DOCUMENT REQUEST (VERBAL &
WRITTEN SUBTOTAL)
376
118
449
143
29
44
57
104
(27.33%) 1,320
1,263
325
450
76
65
25
52
29
119
63
2.467J
76
40
49
16
36
2221
1,514
Training
General
j)305 Training Grants
J305 Emergency Systems Review
§126 (SARA) Training Regulations
(0.04%)
1
1
0
0
2
CEPP: Interim Guide
Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
(2.73%)
0
3
1
1
0
3
2
0
122
132|
Trade Secrets (0.06%) 3(-
[Enforcement (0.37%)
18
I Liability (0.12%)
6
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
State/SERC
TRIUS
Other
REFERRALS TOTAL
142
2
18
106
77
33
78
13
248
717
RCRA/SUPERFUND/UST/EPCRA
QUESTIONS, DOCUMENT REQUESTS
AND REFERRALS GRAND TOTAL
20,903
-------
IV. PUBLICATION'S - APRILJL991
RCRA
The following documents are available from the National Technical Information
Service, 5285 Port Royal Road, Springfield, Virginia 22161, (703) 487-4650.
Subject: RCRA Implementation Plans
"FY 1988 RCRA Implementation Plan" (OSWER Directive 9420.00-4); Order Xo.
PB91-156 679.
"FY 1989 RCRA Implementation Plan" (OSWER Directive 9420.00-5); Order Xo.
PB91-156 687.
"FY 1990 RCRA Implementation Plan"; Order No. PB91-156 695.
Subject: State Program Advisory
"State Program Advisory No. 8" (OSWER Directive 9541.00-13); Order No. PB91-
179 168.
Subject: LDR Third Thirds
"Treatment Technology Background Document," Order No. PB91-160 556.
The following documents are available through the RCRA/SF Hotline:
Subject: Sludge
"Fact Sheet: EPA Amends Primary Petroleum Sludge Listing," April 1991. Order
No. is EPA/530-SW-91-048.
SUPERFUND
Subject: Emergency Response Action
"Superfund Emergency Response Action," Order No. is EPA/540-8-90-014.
10
-------
RCRA/Superf'und Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-0810
V.
FEDERAL REGISTER NOTICES - APRIL 1991
Former Notices With Open Comment Periods
October 17,1990 (55 FR 42067)
(Notice)
March 4,1991 (56 FR 9023)
(Notice of Consent Decree)
March 5,1991 (56 FR 9233)
(Notice of Consent Decree)
March 5,1991 (56 FR 9233)
(Notice of Consent Decree)
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.
Department of Justice (DOJ) gives notice of a
proposed Consent Decree in United States v.
Zimmer Paper Products, Indiana, (Civil
Action No. 1988-1941), lodged in the United
States District Court for the Southern District
of Indiana to recover $250,000.00 as payment
of a coal penalty. DOJ will receive comments
through April^ 1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Burlington
Northern Railroad Company and Burlington
Northern, Inc., (Civil Action No. CV41-32-M-
CCL). The Consent Decree was lodged with
the United States District Court for the
District of Montana to recover past costs
incurred ($1,086,091.18). DOJ will receive
comments through April 3,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. National Wrecking
Co., et al. The Consent Decree was lodged
with the United States District Court for the
Northern District of Illinois. The proposed
stipulation and Order provides for payment
of $4,000.00 in penalties. DOJ will receive
comments through April 3,1991.
11
-------
RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington EXT Metro 4703/920-9810
March 5, 1991 (56 FR 9233)
(Notice of Consent Decree)
March 5,1991 (56 FR 9234)
(Notice of Consent Decree)
March 5,1991 (56 FR 12556)
(Notice of Consent Decree)
March 8,1991 (55 FR 9948)
(Notice of grant availability)
DOJ gives notice of a proposed Consent
Decree in United States v. Union Research
Company Inc., et al., (Civil Action No. 87-
0355B). The Consent Decree was lodged
with the United States District Court for the
District of Maine. The Consent Decree
provides for payment of $21,000.00 for
injuncrive relief and penalties. DOJ will
receive comments through April 3, 1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Westchem
Agricultural Chemicals, Inc., Wenco, Ltd.,
and Thomas A. Wentz. The Consent Decree
was lodged with the United States District
Court for the District of North Dakota to
recover $280,000.00 plus interest in
reimbursement of past response costs. DOJ
will receive comments through April 3,
1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Agway, Inc., et
aL Civil Action No. 91-CV-0288. The
Consent Decree was lodged with the United
States District Court for the Northern
District of New York to recover costs and
injunctive relief under CERCLA. DOJ will
receive comments through April 25,1991.
EPA issued a notice of availability of
$800,000.00 in funds from The Office of
Toxic Substances (OTS) to be used to
improve TRI data management. These
funds will be made available to States,
Indian Tribes and U.S. Territories after
review of applications. A letter of intent
must be submitted by April 8,1991, and an
application package by June 6,1991.
12
-------
RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
March 11, 1991 (56 FR 10282)
(Notice of Consent Decree)
March 12, 1991 (56 FR 10443)
(Notice of Consent Decree)
March 13,1991 (56 FR 10574)
(Notice of Consent Decree)
March 13,1991 (56 FR 10574)
DOJ gives notice of a proposed Consent
Decree in United States v. General Motors
Corp., Civil Action No. C87-880Y. The
Consent Decree was lodged with the United
States District Court for the Northern
District of Ohio. The Consent Decree
requires General Motors Corp. to pay $1.5
million. DOJ will accept comments until
April 10,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Sinclair Oil
Corporation and Sinclair Oil Corporation v.
Scherer Oil Corporation , et al.. Civil Action
Nos. C88-0190-B and C89-0153-B. The
Consent Decree was lodged due to
violations of Section 3008 of RCRA at the
Little America Refinery in Evansville,
Wyoming. DOJ will receive comments
through April 10,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. E.I, du Ponte de
Nemours & Co., Civil Action No. 1:91
cv 00768, lodged with the United States
District Court for the District of New Jersey.
The Proposed Decree requires payment of a
$1.85 million civil penalty for land disposal
restriction violations. DOJ will receive
comments through April 11,1991.
DOJ gives notice of a proposed Consent
Decree in United States v. Environmental
Services, Inc., et al. The Consent Decree
was filed in the United States District Court
for the District of Nebraska. The proposed
Consent Decree is for $466,500.00 for costs of
released hazardous substance clean-up.
DOJ will receive comment through April 11,
1991.
13
-------
RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro $703/920-9810
(Notice of Consent Decree)
March 18,1991 (56 FR 11461)
(Notice of Consent Decree)
March 21, 1991 (56 FR 12094)
(Notice of grant availability)
March 26,1991 (56 FR 12531)
(Consent order from EPA)
March 26,1991 (56 FR 12556)
(Notice of Consent Decree)
DOJ gives notice of a proposed Consent
Decree in United States v. J.V. Peters and
Co., Inc. et al.. Civil Action No. 85-1966,
lodged with the United States District Court
for the Northern District of Ohio. The
Consent Decree provides payment of
$364,000.00 under CERCLA Section 107 for
response costs. DOJ will receive comment
through April 16,1991.
EPA issued a notice of grant availability of
$1.2 million in funds from the Chemical
Emergency Preparedness and Prevention
Office (CEPPO). These funds will be used to
enhance the SARA Title III programs of
States, Indian Tribes and U.S. Territories. A
letter of intent to participate is due by
April 18,1991. Completed applications
must be sent by June 21,1991.
EPA, Region II, announces its intent to issue
a proposed administrative Consent Order,
pursuant to sections 106,107,122(h) and
122(i) of CERCLA. The proposed
stipulation and Order provides for payment
of $58,957.72 in penalties. EPA will receive
comments on or before April 25,1991.
DOJ give notice of a proposed Consent
Decree in United States v. Acushent
Company, et al.. Civil Action No. 91-10706-
K. The Consent Decree was lodged with the
United States District Court for the District
of Massachusetts on March 5,1991. The
stipulation provides for payment of
$620,000 in past costs against the Acushnet
Company. DOJ will receive comments
through April 25,1991.
14
-------
RCRA/Superfund Hotline
Xationa! Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
March 27, 1991 (56 FR 12745)
(Notice of Consent Decree)
March 27,1991 (56 FR 12826)
(Reportable Quantity Adjustments)
DOJ gives notice of a proposed Consent
Decree on behalf of EPA in In re Todd
Shipyards Corporation, et al., Nos. 87-5005
and 5006. The debtors agree to pay
$52,000.00 in exchange for a covenant not to
sue the debtors for liabilities, except natural
resource damages. DOJ will receive
comments through April 27,1991.
EPA is proposing to adjust the reportable
quantities (RQs) for F037 and F038 wastes
(sludges from petroleum refinery separation
processes) under CERCLA. Comments
must be submitted on or before May 28,
1991.
March 28,1991 (56 FR 12955)
(Notice of Consent Decree)
March 28,1991 (56 FR 12956)
(Notice of Consent Decree)
DOJ gives notice of a proposed Consent
Decree is United States v. Environmental
Conservation & Chemical Corporation, et
aL, No. 83-1419-C, lodged with the United
States District Court for the Southern
District of Indiana, for the clean-up of a site
located in Zionsville, Indiana. The
stipulation provides for payment and
remedial action. DOJ will receive comments
through April 26,1991.
DOJ gives notice of a proposed Consent
Decree in United States and the Washington
Department of Ecology v. City of Tacoma.
The proposed decree is in response to
compel the City to carry out the remedial
action contemplated by a ROD. The City
will pay costs for the landfill site past and
present. DOJ will receive comments
through April 26,1991.
15
-------
National Toll Free
RCRA/Superfund Hotline
800/424-9346, Washington DC Metro #703/920-9810
March 29, 1991 (56 FR 13079)
(Immediate Final Rule)
Mississippi has applied for final
authorization of revisions to its hazardous
waste program under RCRA. Mississippi's
revisions consist of the provisions contained
in non-HSWA Cluster III and non-HSWA
Cluster V. EPA has reviewed the
application and intends to approve
Mississippi's hazardous waste program
revisions, effective May 28, 1991. EPA will
receive comments by COB, April 29,1991.
16
-------
RCRA/Superfund Hotline
\ational Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
APRIL FEDERAL REGISTER NOTICES
April 2, 1991 (56 FR 13406)
(final rule)
April 2,1991 (56 FR 13411)
(immediate final rule)
April 3,1991 (56 FR 13595)
(immediate final rule)
Today's notice finalizes the extension of the
compliance date under the TCLP for
produced groundwater from free phase
hydrocarbon recovery operations at
petroleum refineries, marketing terminals,
and bulk plants to January 25, 1993. The
scope of the extension has also been
expanded to include hydrocarbon recovery
operations at petroleum pipeline and
transportation sector spill sites. Interim final
rules were issued on October 5,1990 (55 FR
40834) and February 1,1991 (56 FR 3978),
extending the compliance date for these
operations through March 25,1991. The
purpose of this extension is to ensure that
clean-up activities at these facilities are not
disrupted or ceased due to noncompliance
with the Toxicity Characteristic rule.
EPA is granting final authorization for
Oklahoma's State hazardous waste
management program. The effective date is
June 3,1991, unless EPA publishes a prior
Federal Register action withdrawing this
immediate final rule. Comments on the
Oklahoma program revision will be received
until May 2,1991.
Illinois has applied for final authorization of
revisions to its hazardous waste program
under RCRA. EPA is granting final
authorization to Illinois, subject to public
review and comment, to operate an
expanded program, subject to authority
retained by EPA under the Hazardous and
Solid Waste Amendments of 1984. Final
authorization shall be effective June 3,1991,
unless EPA publishes a prior Federal
Register action withdrawing this immediate
finaJ rule. All comments must be received by
May 3,1991.
17
-------
RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
April 3, 1991 (56 FR 13644)
(notice of proposed settlement)
April 3,1991 (56 FR 13653)
(notice of Consent Decree)
April 8, 1991 (56 FR 14200)
(final rule)
April 8,1991 (56 FR 14203)
(immediate final rule)
EPA has agreed to settle claims for response
costs under section 122(h) of CERCLA at the
Tartar Farms Site in Somerset, Kentucky
with Cooper Industries, Inc. EPA will
receive comments until May 3, 1991.
DOJ is giving notice of a proposed Consent
Decree in United States v. Midwest Solvent
Recovery, Inc., Civil Action No. H-79-556.
This action was brought against the
defendant, also known as Penn Central
Corporation, pursuant to CERCLA relating
to an order of EPA for the clean-up of the
Midco H CERCLA facility located at 5900
Industrial Highway in Gary, Indiana, and
for the recovery of costs incurred by the
United States in connection with the facility.
j
DOJ will receive comments until May 3,
1991.
EPA is granting a final, one-time exclusion
from the lists of hazardous wastes contained
in 40 CFR Part 261 for a certain solid waste
generated by Tennessee Electroplating,
Ripley, Tennessee. This action responds to a
delisting petition submitted under 40 CrR
260.20. The effective date of this rule is
April 8,1991.
EPA is granting final authorization to Ohio,
subject to public review and comrrent, for
revisions to its hazardous waste program
under RCRA. The effective date is June 7,
1991, unless EPA publishes a prior Federal
Register action withdrawing this immediate
final rule. Comments on the Ohio program
revision will be received until May 8,1991.
18
-------
RCRA/Super-fund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
April 9, 1991 (56 FR 14341)
(FACA Committee Meeting)
April 10, 1991 (56 FR 14474)
(immediate final rule)
The Federal Advisory Committee is giving
notice of a final meeting of the Committee to
negotiate a rule to recycle lead acid
batteries. The purpose of this meeting is to
reach consensus on a regulatory option for
recycling of lead acid batteries. The meeting
is open to the public and will be held on
May 1,1991 from 9 a.m. to 5 p.m. at the Key
Bridge Marriott Hotel, Rosslyn, 1401 Lee
Highway, Arlington, Virginia.
North Carolina has applied for final
authorization of revisions to its hazardous
waste program under RCRA. EPA is
granting final authorization to North
Carolina, subject to public review and
comment, to operate an expanded program,
subject to authority retained by EPA under
the Hazardous and Solid Waste
Amendments of 1984. Final authorization
shall be effective June 9,1991 unless EPA
publishes a prior Federal Register action
withdrawing this immediate final rule. All
comments must be received by May 10,
1991.
April 10,1991 (56 FR 14537)
(notice of Consent Decree)
DOJ is giving notice of a proposed Consent
Decree in United States v. Dow Corning
Corporation. The Consent Decree was
lodged with the United States District Court
for the Western District of Kentucky to
recover $58,078.37 to reimburse Superfund
for costs incurred by the United States in
responding to the presence of hazardous
substances at the Howe Valley Superfund
Site. DOJ will receive comments through
May 10,1991.
19
-------
RCRA/Superfund Hotline
National Toll Free 4 800/424-9346, Washington DC Metro #703 '920-9810
April 12, 1991 (56 FR 15020)
(proposed rule)
April 15,1991 (56 FR 15096)
(notice of Consent Decree)
April 15,1991 (56 FR 15080)
(notice for public comment)
EPA is proposing treatment standards
under the land disposal restrictions
program for wastes identified as K061 that
are nonwastewaters and contain equal to or
greater than 15% total zinc, determined at
the point of generaticri. This action
proposes these treatment standards based
on the analysis of non waste water residues
from high temperature metals recovery
processes. Comments on the proposed rule
must be submitted on or before May 13,
1991.
DOJ is giving notice that a proposed
Consent Decree in United States v. C. Robert
Ivey, et al., was lodged with the United
States District Court for the Eastern District
of Michigan. The proposed Consent Decree
concerns the hazardous waste site known as
the Liquid Disposal, Incorporated, (LDI),
site located in Shelby Township, Macomb
County, Michigan. Under the terms of the
Consent Decree, the United States will
obtain judgments against each of three
defendants, Chemical Recovery Systems,
Holly Container Corporation, and Gordan
Ver Hulst, for $4.8 million and will receive
payments totaling $265,000 as
reimbursement to the United States for its
response costs at the LDI Site. DOJ will
receive comments on the proposed Consent
Decree until May 15,1991.
EPA is proposing to enter into two de
minimis administrative settlements to
resolve claims for recovery of costs incurred
at the McKin Superfund Site in Gray, Maine,
under the authority of CERCLA. Notice is
being published to inform the public of the
proposed settlements and of the
opportunity to comment. EPA will receive
written comments relating to the settlements
until May 15,1991.
20
-------
RCRA/Superfund Hotline
N'ational Toll Free # 800/424-9346, Washmgtor "XT Metro #703/920-9810
Apr ill 6, 1991 (56 FR 15347)
(meeting)
April 17,1991 (56 FR 15503)
(immediate final rule)
April 18,1991 (56 FR 15879)
(notice of intended transfer of confidential
business information to a contractor)
The Science Advisory Board's Explosives
and Flammables Criteria Subcommittee of
the Environmental Engineering Committee,
will conduct a review of the Agency's
technical issues relating to explosives and
flammables criteria. The meeting will be
held on Wednesday, May 29,1991.
EPA is granting final authorization to South
Dakota, subject to public review and
comment, for revisions to its hazardous
waste program under RCRA. The effective
date is June 17,1991, unless EPA publishes a
prior Federal Register action withdrawing
this immediate final rule. Comments on the
South Dakota program revision will be
received until May 17,1991.
Science Applications International
Corporation (SAIC) of McLean, Virginia, an
EPA contractor, intends to transfer
information, including confidential business
information (CBI), to one of its
subcontractors, DPC Corporation of Falls
Church, Virginia, for data entry. Transfer of
the information will allow the subcontractor
to assist EPA in developing effluent
limitations guidelines and standards under
the Clean Water Act and in developing or
evaluating the need for regulations under
the CAA, RCRA, and TSCA for the pulp,
paper and paperboard manufacturing,
Pharmaceuticals manufacturing, and
pesticides manufacturing industries, among
others. EPA will receive comments on the
transfer of information until April 25,1991.
21
-------
RCRA/Superfund Hotline
V Hional Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
April 18, 1991 (56 FR 15932)
(notice of Consent Decree)
April 22,1991 (56 FR 16276)
(notice of tentative determination)
April 22,1991 (56 FR 16332)
(notice)
DOJ is giving notice that a proposed Consent
Decree in United States v. Allworth, Inc., et
aL Civil Action No. 91-30070/RV was
lodged with the United States District Court
for the Northern District of Florida. The
proposed Consent Decree concerns the clean-
up of the Dubose Oil Products Site in
Escambia County, Florida. DOJ will receive
comments until May 18, 1991.
EPA has received a complete application
from the State of New Hampshire requesting
final approval of its underground storage
tank (UST) program under Subtitle I of
RCRA. EPA has reviewed the application
and has made the tentative decision that
New Hampshire's UST program satisfies all
of the requirements necessary to qualify for"
final approval. New Hampshire's
application is now available for public
review and copying. A public hearing is
scheduled for May 23,1991. Requests to
present oral testimony must be filed by
May 17,1991. EPA will also accept public
comments until May 23,1991.
In compliance with the Paperwork Reduction
Act, an Information Collection Request (ICR)
has been forwarded to the Office of
Management and Budget (OMB) for review
and comment. The ICR pertains to Section
123 of CERCLA, local government
reimbursement for costs incurred in carrying
out temporary emergency measures
necessary to prevent or mitigate injury to
human health or the environment associated
with the release or threatened release of any
hazardous substances contaminant. This
information collection requires applicants for
reimbursement to submit an application
package demonstrating the financial burden,
and a consistency in the response with
program eligibility criteria. Comments must
be submitted on or before May 22,1991.
22
-------
RCRA/Superfund Hotline
.National Toll Free* 800/424-9346, Washington DC Metro #703/920-9810
April 22, 1991 (56 FR 17980)
(notice)
April 23,1991 (56 FR 18517)
(immediate final rule)
April 26,1991 (56 FR 19290)
(final rule; technical amendment)
April 29,1991 (56 FR 19579)
(final rule)
EPA has issued the semi-annual regulatory-
agenda. This notice provides specific
information on the status of regulations that
are under development, revision, and review
at the Agency. The agenda provides the title,
an abstract, legal authority, CFR reference,
any analysis EPA is preparing, contact
person, and schedule for completing the
action for each regulation under review.
Michigan has applied for final authorization
for revisions to its hazardous waste program
under RCRA. EPA is granting final authori-
zation to Michigan, subject to public review
and comment, to operate an expanded
program, subject to authority retained by
EPA under the Hazardous and Solid Waste
Amendments of 1984. Final authorization
shall be effective June 24,1991, unless EPA
publishes a prior Federal Register action
withdrawing this immediate final rule. All
comments must be received by May 23,1991.
EPA promulgated on June 21,1990,
regulations limiting organic air emissions
from process vents and equipment leaks at
hazardous waste TSDFs. The regulations
contained typographical errors which are
corrected by this action. The corrections are
editorial and do not alter the requirements of
the standards. The effective date of this rule
is December 21,1990.
EPA is granting a final exclusion from the
lists of hazardous wastes contained in 40
CFR 261.31 and 261.32 for specified wastes to
be generated by USX Corporation, Chicago,
Illinois. This action responds to a delisting
petition submitted under 40 CFR 260.20,
which allows any person to petition the
Administrator to modify or revoke any
provision of Parts 260 through 268,124,270
and 271 of Title 40 of the Code of Federal
Regulations. The effective date of this rule is
April 29,1991.
23
-------
RCRA/Supcrfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
April 29, 1991 (56 FR 19588)
(final rule)
Apr:. 29, 1991 (56 FR 19691)
(notice of Consent Decree)
EPA is granting a final exclusion from the
lists of hazardous wastes contained in 40
CFR 261.31 and 261.32 for specified wastes to
be generated by Occidental Chemical
Corporation, Delaware City, Delaware. This
action responds to a delisting petition
submitted under 40 CFR 260.20 which allows
any person to petition the Administrator to
modify or revoke any provision of Parts 260
through 268,124, 270, and 271 of Title 40 of
the Code of Federal Regulations. The
effective date of this rule is April 29,1991.
DOJ is giving notice that on April 18,1991, a
Consent Decree in United States v. Hercules
Incorporated, et al., was lodged with the
United States District Court for the District of
Delaware. This is the second Consent Decree
lodged in this action. The amended
complaint filed by the United States on
December 27,1990, alleges that Hercules Inc.,
et al., are responsible to reimburse th~ United
States costs totaling in excess of $2.1 ..allion
.ncurred by the EPA between November 1,
1979 and April 22,1988 in responding to the
release and threatened release of hazardous
substances from the Delaware Sand and
Gravel Landfill Superfund Site in New Castle
County, Delaware. DOJ will receive
comments relating to the proposed Consent
Decree until May 29,1991.
24
-------
RCRA/Superfund Hotline
National Toll Free 4 800/424-9346, Washington DC Metro #703/920-9810
April 30, 1991 (56 FR 19805)
(notice of Michigan's compliance schedule
to adopt program modifications)
April 30,1991 (56 FR 19852)
(notice)
April 30,1991 (56 FR 19853)
(notice; request for public comment)
EPA promulgated on September 22, 1986,
amendments to the deadlines for State
program modifications and published
requirements for States to be placed on a
compliance schedule to adopt necessary
program modifications. In this notice, EPA is
publishing a compliance schedule for
Michigan to modify its program in
accordance with section 271.21 (g) to adopt
Federal program modifications. Michigan
expects to submit an application to the EPA
requesting authorization for the necessary
program revisions by February 28, 1992.
In compliance with the Paperwork Reduction
Act, this notice announces that an
Information Collection Request has been .
forwarded to the Office of Management and
Budget for review and comment. The
Technology Innovation Office of the Office of
Solid Waste and Emergency Response is
planning a voluntary and on-going request
for information from developers and vendors
of new treatment technologies that address
contaminated hazardous waste sites. The
survey form will collect both general
company information and technology
specific data. Comments must be submitted
on or before May 30,1991.
EPA is proposing to enter into a cost recovery
settlement agreement under section 122(h)(l)
of CERCLA. This proposed settlement is
intended to resolve the liability of over 50
parties for response costs incurred at the Try-
Chem Site in Milwaukee, Wisconsin. This
notice seeks to elicit public comments to the
Try-Chem Site Cost Recovery Settlement
Agreement pursuant to section 122(i) of
CERCLA. Comments must be received on or
before May 30,1991.
25
-------
LIST OF ADDRESSEES:
Ed Abrams,OS-332
Jennifer Anderson, EPA-Reg. 7
Kate Anderson, OS-520
Beth Behrens, EPA-NEIC
Frank Biros, OS-500
Kathy Bishop, OS-210
John Bosky, EPA-Kansas City
Susan Bromm, OS-500
Karen Brown, A-149C
Nancy Browne, OS-520
Jann Buller, BAH
Karen Burgan, OS-110
Edmond Burks, EPA-Reg. 5
Diane Buxbaum, EPA-Reg. 2
Carol Carbone, EPA-Reg. 1
Richard Clarizio, EPA-Reg. 5
Don R. Clay, OS-100
Jerry Clifford, EPA-Reg. 9
Steve Cochran, OS-333
Clinton Cox, EPA-AJabama
Hans Crump, OS-210
Becky Cuthbertson, OS-332
Gordon Davidson, OS-500
Elaine Davies, OS-100
Jeffery Denit, OS-300
' /nn DePont, OS-305
Director, RED, LE-134S
Dave Eberly, OS-343
Kathy Papalia, CA Dept. of Health
Karen Ellenberger, OS-420
Terry Feldman, OS-120
Tim Fields, OS-200
Lisa Friedman, LE-132S
John Gilbert, EPA-Cinn.
Diane Glass, Kelly AFB, TX
AJ an Goodman, EPA-Portland, OR
John Gorman, EPA-Reg. 2
Janet Grubbs, OS-240
Mary Greene, OS-332
Penny Hansen, OS-230
Bill Hanson, OS-220
Cheryl Hawkins, OS-200
Irene Homer, WH-595
Barbara Hostage, OS-210
Hinton Howard, EPA-Reg. 5
Henry Hudson, EPA-Reg. 4
Susan Hutcherson, EPA-Reg. 10
Barnes Johnson, OS-311
Harriet L. Jones, EPA-Reg. 7
Kathy Jones, OS-210
Gary Jonesi, LE-134S
Ron Josephson, OS-333
Robert Kayser, OS-333
Mitch Kidwell, OS-332
Bob Kievit, EPA- Olympia, WA
William Kline, OS-322W
Robert Knox, OS-130
Mike Kosakowski, OS-510
Walter Kovalick, OS-110
DaveLeotta, PM-214F
Steve Levy, OS-301
Larry Longanecker, TS-779
Henry Longest, OS-100
Jim Loomis, FL ERC
Sylvia Lowrance, OS-300
Tom Lueders, EPA-Reg. 5
James Makris, OS -120
Andrea McLaughlin, OS-220W
Chet McLaughlin, EPA-Reg. 7
Dorothy McManus, OS-120
Scott McPhilamy, EPA-Reg. 3
Ken Mitchell, TS-779
Robert Morby, EPA-Reg. 7
Royal Nadeau, EPA-Reg. 2
Beverly Negri, EPA-Reg. 6
Susan O'Keefe,LE-134S
Chae Pak, EPA-Reg. 10
Myra Perez, EPA-Houston
Donna Perla, OS-311
Mark Phillips, EPA-Reg. 3
Margaret Pitre, BAH
Steve Provant, EPA-Boise, ID
Jim Radle, Jr., EPA-Reg. 9
Barbara Ramsey, OS-120
Carl Reeverts, WH-550E
John Riley, OS-210
DaleRuhter,OS-341
William Sanjour, OS-330
Mike Shannon, OS-312
Jay Silberman, US Coast Guard
Elaine Stanley, OS-500
Kathie Stein, LE-134S
Beverly Thomas, OS-420
Jim Thompson, OS-520
Linda Thompson, LE-134S
Robert Thompson, A-104
Steve Torok, EPA-Juneau, AK
Harriett Tregoning, PM-220
Betti VanEpps, OS-240
David Van Slyke, LE-134S
Sarah Veale, GAO
Barbara Wagner, EPA-Reg. 8
L.C. Waldo, DOE
Howard Wilson, PM-273
Denise Wright, OS -332
Tish Zimmerman, OS-220
OSW Division Directors
OSW Deputy Division Directors
OSW Branch Chiefs
Hazardous Waste Division Directors, Regions I-X
Hardous Waste Management Branch Chiefs, Regions I-X
Regional Counsel, Regions I-X
Regional Libraries, Regions I-X
------- |