RECEIVED
i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
' WASHINGTON, D.C. 20460 AUG281991
530R91106
AU8 2 2 1991
OFFICE OF
MEMORANDUM SOLtD WASTE AND EMERGENCY «ESPONSE
SUBJECT: Final Monthly Report—RCKA/Superfund Industry Assistance and
Emergency Planning aj id Community Right-To-Know Information
Hotline Repot* fr»i J.' ;e 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. »
•e
I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—TUNE 1991
RCRA
1. Administrative Stay for Wood Preserving Wastes
On June 13,1991, EPA announced an administrative stay that extends the date by
which owners and operators of facilities that manage F032, F034, and F035 wastes on
drip pads are required to comply with the standards of 264/265 Subpart W. (56 FR
27332) How does this affect the management and disposal of wood preserving
wastes? *
Three new listings for wastes generated by wood preserving processes, F032,
F034, and F035, were finalized on December 6,1990. (55 FR 50450) Due to
the inability of a significant portion of the affected facilities to comply with
the new drip pad standards by the effective date of June 6,1991, EPA
announced an administrative stay that postpones the applicability of the new
listings to certain process areas and drip pads at facilities that "intend to
comply with the Subpart W standards and that are willing to make bona fide
efforts to do so during the stay period." (56 FR 27333) In order to qualify for
the stay, by August 6,1991, affected facilities must notify the appropriate
authorized State or EPA Regional office of their intent to comply with the
new regulations or to cease operation. (56 FR 27333) By November 6,1991,
affected facilities must submit a second notification providing evidence that
they expect to comply in good faith. y s D • , ,, ?.„,,„*• «
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t
1. Administrative Stay for Wood Preserving Wastes (Cont'd)
Provided the facility gives proper notice, certain activities that would
otherwise constitute disposal of F032, F034, or F035 wastes into a process area
or onto an existing drip pad are not regulated during the stay. However, the
removal or subsequent management of such wastes outside of the process
area or drip pad, including soil contaminated with these wastes, would be
considered generation of a hazardous waste and cause the waste to become
subject to regulation under Subtitle C of RCRA. The scope of the stay is,
therefore, limited and applies only to those wood preserving wastes managed
in process areas or on existing drip pads. (56 FR 27333) In addition, any
active management of previously unregulated wastes after the expiration of
the stay would constitute generation of an F032, F034, or F035 waste.
Although the administrative stay does postpone the effective date of the F032,
F034, and F035 listings for certain wastes, these wastes may already be
regulated as hazardous if they exhibit the Toxicity Characteristic (TC).
During the stay, wood preserving wastes which exhibit the TC are subject to
full Subtitle C regulation, and cannot be disposed of on the land except in a
properly permitted land disposal facility. According to 40 CFR 264.570(a)(
and 265,440(a), Subpart W standards "apply to owners and operators of *
facilities that use new or existing drip pads to convey treated wood drippage,
precipitation, and/or surface water run-on* to an associated collection
system". Therefore, owners and operators who manage wood preserving
wastes that exhibit the Toxicity Characteristic on drip pads can use pads to
collect their wastes.
See 55 FR 50470-71 (technical correction notice signed June 21,1991).
Source: Ed Freedman, OSW (202) 245-3657
Research: Peter LeTourneau
*
2. Withdrawal of an Interim Status Part A Permit Application
A generator is treating hazardous waste that exhibits a toxicity characteristic on-site
in its 90-day accumulation tanks. Prior to the effective date of the Toxicity
Characteristic rule, he/she filed a Part A application for 40 CFR Part 265 Interim
Status. The generator subsequently discovered that a permit is not required for
treatment in accumulation tanks provided that the tanks are operated strictly in
compliance with all applicable standards referenced in 40 CFR 262.34. (51 FR 10168)
What procedures should be followed for the Part A permit application to be
withdrawn? Would the generator be subject to interim status standards until the
application is withdrawn?
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2. Withdrawal of an Interim Status Part A Permit Application (Cont'd)
In an internal 1983 memorandum, EPA clarified the protective filer
procedures for withdrawal of a Part A application. The memorandum stated
that filings for facilities which have not been regulated under interim status
standards should be returned to the owner or operator, preferably after EPA
has (1) obtained written confirmation that the facility was not subject to the
permitting requirements, and (2) possibly conducted an investigation to
verify the data.
Such a facility is not subject to the Part 265 standards until the application is
withdrawn. Section 3005(e) of RCRA states that the interim status standards
apply to any person who owns or operates a facility required to have a permit
under that section. If the facility, in fact, has not managed hazardous waste in
a manner that would subject it to regulations, then the Part 265 standards
would not be applicable, even if a Part A permit application had been
mistakenly submitted (as in the case of protective filers). Thus, the generator
would not have to operate or close in accordance with interim status
standards.
Source: Wayne Roepe/OSW (202)475-7245
Research: Amy Norgren
SARA TITLE III
3. Section 313: Employee Threshold Determination
A covered facility under Section 313 of EPCRA has nine full-time employees. The
facility also has one paid employee who is on permanent disability (the employee
has terminal cancer and is not expected to return). Should the facility include this
employee in their employee threshold determination (40 CFR 372)?
No,kthe facility should not include the hours of the disabled employee when
determining their employee threshold. Even though paid by the facility, the
employee does not contribute any hours towards the operation of the facility.
Source: Sam Sasnett, OTS-ETD (202) 382-3821
Research: Tami NcNamara
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4. Section 313: TRI Facility Identification Number
A portion of a facility covered under Section 313 of EPCRA is sold in July 1990 to a
new owner. For reporting on the Form R for the year 1990, what TRI facility
identification numbers should be used by the reporting facilities (40 CFR 372)?
For purpose of reporting on the Form R, the portion of the facility that was
not sold during the year would maintain the TRI identification number
originally assigned to the facility. The facility under new ownership would
however indicate in Part I Section 3.1 that the report is a first-time submission
by the facility. Once the reports have been submitted by the new facility, a
TRI identification number will be assigned to the facility for use in
subsequent years.
Source: Doug Sellers, OTS-IMD (202) 382-3598
Research: Dipti Singh
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H. ACTIVITIES -TUNE 1991
1. The RCRA/Super fund Hotline and the Emergency Planning and Community
Right-to-Know Hotline responded to 16,987 questions, referrals and requests for
documents in June. The breakdown is as follows:
RCRA Superfund UST CEPP
Information Questions 5,201 1,004 350 4,658= 11,213
Call Document Requests* 1,735 464 87 1,096= 3,382
Referrals **1.989 — ***403 = 2.392
Totals 8,925 1,468 437 6,157= 16,138
* 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
During the month of June, EPA Staff provided briefings to the Hotline Information
Specialists on "Notice of Late Submission" distributed by EPA under Section 313 of
SARA Title HI. The Hotline Information Specialists attended the Title m
Implementation work group meeting and OUST staff meeting. The Hotline staff
provided analysis of the import/export regulation, and special study questions
regarding household hazardous wastes for OSW.
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III. ANALYSES OF QUESTIONS— June 1991 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
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
UST O/O
534
993
1,984
1,245
1,480
869
1,003
739
116
268
64
146
244
369
149
61
182
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
6,555
2,286
315
502
1,303
401
13
9,639
2,462
1,291
223
390
80
87
134
> 73
"1,074
484
9,639
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
§262 100-1 000 kg/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeping & Reporting
§262 International Shipments
447
138
104
20
215
400
430
422
203
76
114
37
157
37
61
163
34
26
§263 Transporters
§266 C Use Constituting Disposal
§266 H BIF
§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 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
55
22
107
68
14
14
61
31
47
90
0
99
71
28
2
36
99
22
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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
88
35
14
23
25
34
43
30
47
65
13
5
19
18
0
21
5
2
0
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
32
171
10
13
125
24
52
40
24
8
13
56
8
31
13
144
5,201
1^,735
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 S*ds.
§280.21 Upgrading
§280.22 Notification
§280 C General Operating Req.
§280 D Release Detection
§280 E Release Rpt. & Investigation
40
51
0
35
0
5
5
8
10
16
4
7
8
§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
10
7
0
29
73
15
10
7
10
0
350
87
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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
HRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
%
66
4
3
35
69
4
11
10
19
11
4
4
35
4
19
11
9
3
37
2
56
6
32
117
0
2
1
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 HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC
ORD/Dockets
Other
SUBTOTAL
56
45
105
4
2
1
4
14
0
0
16
3
7
2
4
22
.17
^79
5
6
5
2
1
3
27
1,004
464
78
414
170
250
647
154
276
1,989
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CEPP Total Questions:
Total Document Requests:
Emergency Planning Community Right-to-Know Information Hotline -June 1991
Distribution of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
Calls
Manufactuers:
Food
Tobacco
Textiles
Apparel
Lumber & Wood
Furniture
Paper
Printing & Publishing
Chemicals
Petroleum & Coal
Rubber and Plastics
Leather
Stone, Clay & Glass
Primary Metals
Fabricated Metals
Machinery (Excluding Electrical)
Electrical&Electronic Equipment
Transportation Equipment
Instruments
Misc. Manufacturing
Not Able to Determine
SUBTOTAL
t
Title III General (5.73%)
§301-3 Emergency Planning:
General
SERCs/LEPC
Notification
Mixtures
Extremely Hazardous Substances
Delistino, EHS
Exemptions
SUBTOTAL (1.63%)
425
443
593
805
1,180
12
267
2
79
20
100
49
97
100
740
147
199
23
99
171
492
88
312
229
39
167
141
3,561
267
37
4
10
3
15
3
4
76
Region 6
Region 7
Region 8
Region 9
Region 10
Unknown
Total
All Others:
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
SUBTOTAL
(Mfg & All Others)
§311/312:
General
MSDS Reporting Requirements
Tier l/ll Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
SUBTOTAL (8.91%)
4,658
1,096
441
217
118
569
118
146
5,067
59
168
735
26
15
15
20
2
,13
'43
10
38
20
21
2
31
18
0
103
0
167
1,506
5,067
190
33
101
37
6
19
4
25
415
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§313:
FormR
Thresholds
Phase I
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Exemptions
SUBTOTAL (79.09%)
2,294
435
473
109
44
8
42
31
49
199
3,684
§304:
General
Notification Requirements
Reportable Quantities
RQs vs. TPQs
Transportation
Exemptions
SUBTOTAL (1.82%)
35
11
22
11
2
4
85
Training:
General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
SUBTOTAL (0.02%)
1
0
0
0
1
General:
CEPP Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
SUBTOTAL (1.65%)
Trade Secrets * (0.09%)
Enforcement (0.64%)
Liability (0.41%)
CEPP Questions
CEPP Document Requests
2
2
1
1
1
0
1
0
69
77
4
30
19
4,658
1,096
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Regional EPA
TSCA Hotline
State/SERC
TRI US
Other
SUBTOTAL
44
3
43
63
12
13
53
26
146
403
RCRA/SUPERFUND/UST/CEPP
QUESTIONS, DOCUMENTS REQUESTS
AND REFERRALS
GRAND TOTAL
16,987
10
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IV. PUBLICATIONS - JUNE 1991
RCRA/SF
The following document is available through the National Technical Information
Service (NTIS), 5285 Port Royal Road, Springfield, VA 22151, (703) 487-4650: Order
No.: PB91-211813.
Subject: RCRA Implementation Plan
"FY 1992 RCRA Implementation." The OSWER Directive number is 9420.00-07
and the document number is EPA/530-SW-91-023.
The following document is available through the RCRA/SF Hotline:
Subject: CERCLA Site Discharges to POTWs
"Treatability Manual." The OSWER Directive Number is 9330.2-11 and the
document number is EPA/540/2-907007.
11
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RCRA/Supcrtund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
V. FEDERAL REGISTER NOTICES - JUNE 1991
Former Notices With Open Comment Periods
October 17,1990 (55 FR 42067)
(Notice)
March 8,1991 (55 FR 9948)
(Notice of Grant Availability)
March 21,1991 (56 FR 12094)
(Notice of Grant Availability)
April 30,1991 (56 FR 19805)
(Notice of Michigan's Compliance Schedule
to Adopt Program Modifications)
This notice contains the fourth list of
hazardous substances that will be the subject
of the Agency for Toxic Substance and
Disease Regulatory (ATSDR) toxicological
profiles. The length of the comment period is
unspecified.
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.
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 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 accord-
ance with 40 CFR part 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.
12
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RCRA/Supcrfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 7,1991 (56 FR 21082)
(Notice of Nebraska Compliance Schedule
to Adopt Program Modifications)
May 7,1991 (56 FR 21174)
(Notice of Consent Decree)
May 1,1991 (56 FR 21175)
(Notice of Consent Decree)
In accordance with 40 CFR 271.21(g), EPA is
publishing a compliance schedule for
Nebraska to adopt the Federal program
modifications into its State hazardous waste
program. Nebraska received final
authorization of its hazardous waste
management program on February 7,1985
(50 FR 38950; October 4,1988). EPA is
currently reviewing an authorization
request for the first cluster of 1984 HSWA
authorities and two more clusters of non-
HSWA authorities. Compliance schedule is
necessary for Nebraska to obtain program
modifications for some provisions in the
fifth non-HSWA cluster. Nebraska expects
to submit a final application for authoriza-
tion of these program revisions by Marcr^ 1,
1992.
The Department of Justice (DOJ) is giving
notice of a proposed Consent Decree in
United States v. Armstrong World
Industries, Inc., et. al.. No. 89-4346. The
Consent Decree, which was lodged with the
United States District Court for the District
of New jersey, embodies an agreement by
21 potentially responsible parties at the
Lone Pine Landfill site. The United States
seeks to recover $4,400,000 for past costs
incurred by EPA in connection with the first
operable unit of the site. DOJ will receive
comments through June 6,1991.
Pursuant to Sectic- 122 of CERCLA, DOJ
has lodged a Consent Decree with the
United States District Court for the
Northern District of Oklahoma in the case of
United States v. Asarco, et al. Under the
terms of the proposed Consent Decree, the
defendants agree to pay $1,273,000 in
reimbursement of response costs incurred in
connection with the Government's
investigation, study and remediation at Tar
Creek Site. The Department of Justice will
receive comments through June 6,1991.
13
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 10,1991 (56 FR 21601)
(Immediate Final Rule)
May 10,1991 (56 FR 21603)
(Notice of Final Determination)
The Agency has reviewed Colorado's
application for final authorization of its
hazardous waste program under RCRA and
has made the decision that the Colorado
program revision satisfies all of the
requirements necessary to qualify for final
authorization. Thus, Colorado now has
primary responsibility for carrying out the
RCRA program within its borders.
Approval of the Colorado hazardous waste
program shall become effective in 60 days
unless an adverse comment is received by
June 10,1991. In the event that an adverse
comment is received, EPA will publish
either a withdrawal of the immediate final
decision, or a notice containing a response
to comments which affirms or reverses the
immediate final decision. -
The State of Georgia has applied for final
approval of its underground storage tank
program under Subtitle I of RCRA. EPA has
determined, subject to public review and
comment, that the Georgia Underground
Storage Tank Program satisfies all of the
requirements necessary to qualify for final
approval. All comments on the Georgia
final approval application must be received
by the close of business on June 10,1991.
Final authorization for the Georgia
underground storage tank program shall be
effective at 1:00 p.m. on July 9,1991, unless
EPA publishes a prior Federal Register
action withdrawing this final rule.
14
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RCRA/Supcrfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 13,1991 (56 FR 21955)
(Interim Final Rule with Request for
Comments)
On November 2,1990 (55 FR 46354), EPA
added two wastes to 40 CFR 261.31. Those
wastes, designated as F037 and F038, are
generated in the primary and secondary
separation of oil/water/solids from petro-
leum refinery process wastewater and oily
cooling wastewaters. New information
acquired by the Agency since the promulga-
tion of these listings indicates that certain
separation sludges included within the
listing are not similar in constituent
concentration or oil/grease content to other
sludges generated in the separation of oil/
water/solids from petroleum refinery
process wastewaters and oily cooling
waters. Based on the newly received
information, the Agency is promulgating*an
interim final rule revising the definition 6f
wastes subject to F037 and F038 listings to
state that sludges from non-contact, once-
through cooling waters are not included.
The Agency is also amending the definition
of F038 to clarify that floats generated in
aggressive biological treatment units are not
included in the listing description. The
interim final rule is effective on May 2,1991.
Comments on this action and any additional
data must be received on or before June 30,
1991.
15
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RCRA/Supcrfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 16,1991 (56 FR 22739)
(Notice of Consent Decree)
May 16,1991 (56 FR 21740)
(Notice of Consent Decree)
DOJ is providing notice of a proposed
Consent Decree in the case of United States v.
Chromalloy American Corporation and
Sequa Corporation, Civil Action No.
MO-91CA57. The Consent Decree, lodged
with the United States District Court for the
Western District of Texas, settles the
Government's claims in the complaint against
Chromalloy American Corporation, et al.,
pursuant to Sections 104,106, and 107 of
CERCLA. Under the terms of the proposed
Consent Decree, the defendants agree to
implement the remedy selected by EPA in its
Record of Decision, and to pay the United
States the sum of $695,265 for the United
States' past costs at the site, additional costs
not to exceed $61,000 and all future oversight
costs. DOJ will receive comments through
June 15,1991,
Pursuant to section 122(d)(2)(B) of CERCLA,
DOJ is giving notice that a Consent Decree
was lodged with the United States District
Court for the District of Arizona in United
States v. Goodyear Tire & Rubber Company,
et al. The Consent Decree provides that
Goodyear Tire & Rubber Company, et al., will
clean-up the Phoenix-Goodyear Airport
Superfund site as required by the EPA's
Record of Decision. The parties will agree to
pay $1.5 million in past response costs
incurred by EPA, as well as $75,333 to the
State of Arizona and all future response and
oversight costs incurred by EPA. DOJ will
receive public comments through June 15,
1991.
16
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RCRA/Super-fund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 16,1991 (56 FR 22715)
(Notice; Request for Public Comment)
May 17,1991 (56 FR 22869)
(Notice of Meetings)
May 22,1991 (56 FR 23598)
(Notice of Consent Decree)
EPA is issuing notice of a proposed
administrative cost recovery settlement for
the Delmar Drum Site in St. Louis, Missouri.
The settlement resolves an EPA claim under
section 107 of CERCLA for a Section 122(h)(l)
agreement against Sinclair and Rush, Inc.
The settlement requires the settling party to
pay $219,020.39 to the Hazardous Substances
Superfund. EPA will receive comments
through June 15,1991.
EPA is announcing four workshops
sponsored by the Risk Assessment Forum to
obtain scientific peer-review for approxi-
mately 20 ecological risk assessment case
studies. The workshops will be held in
Bethesda, Maryland, on May 29 and 30; in
Dallas, Texas, on June 4 and 5; in Seattle^
Washington, on June 11 and 12; and in
Cherry Hill, New Jersey, on June 18 to 20.
Pursuant to section 122(d)(2) of CERCLA,
EPA is giving notice that a proposed Partial
Consent Decree in United States v. Intel
Corporation and Raytheon Company was
lodged with the United States District Court
for the Northern District of California. This
Consent Decree provides for partial
remediation of a ground water contamina-
tion site in Mountain View, California, and
reimbursement of past and future costs
incurred by the United States in connection
with the site. The DOJ will receive comments
through June 21,1991.
17
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RCRA/Supcrfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 23,1991 (56 FR 23648)
(Immediate Final Rule)
May 28,1991 (56 FR 24070)
(Notice of Consent Decree)
The State of Utah is applying for final
authorization of its hazardous waste
program under RCRA. EPA has made a
decision, subject to public review and
comment, that Utah's program revisions
satisfy all of the requirements necessary to
qualify for final authorization. Final
authorization for Utah shall be effective
July 22,1991, unless EPA publishes a prior
Federal Register action withdrawing this
immediate final rule. Comments must be
received by the close of business June 22,
1991.
EPA is giving notice of a proposed
administrative costs recovery settlement
entered into by EPA Region IX and the v
Special Master appointed by the United *
States District Court for the Northern
District of California to oversee the assets of
the Pacific States Steel Corporation (PSSC).
The proposed settlement provides that PSSC
will reimburse EPA within three years for
all cost incurred at, or in conjunction with,
an emergency removal at the PSSC site in
Union City, California. EPA will receive
comments until June 27,1991.
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RCRA/Superr'und Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 30,1991 (56 FR 24444) EPA is requesting data and comments on
(Advanced Notice of Proposed Rulemaking) possible BOAT, treatment capacity and
treatment standards for certain wastes listed
as hazardous since the enactment of the
1984 HSWA amendments, and for
contaminated debris. In addition, the
Agency is soliciting comments on several
other provisions of the Land Disposal
Restrictions, such as potential universal
treatment standards for various categories
of wastes, modification to the treatment
standards for F001-F005 solvent wastes and
modifications of treatment standards for lab
packs. The comment period on waste
minimization issues ends on July 29,1991.
All other comments on this notice must be
submitted on or before July 1,1991. (
May 31,1991 (56 FR 24834)
(Notice of Joint Stipulation for Entry of
Judgment)
DOJ is providing notice of a proposed Joint
Stipulation for Entry of Judgment in United
States v. Burrowyet al., Civil Action
No. K88-128-A8. The Joint Stipulation was
lodged with the United States District
Court for the Western District of Michigan.
This proposed action resolves the judicial
enforcement action brought by the United
States against Auto Specialities
Manufacturing Company Pursuant to
CERCLA. The proposed Joint Stipulation
provides for the entry of judgment in the
amount of $250,000. The judgment shall be
an allowed claim in bankruptcy pursuant to
Section 502 of the Bankruptcy Code. DOJ
will receive comments through June 30,
1991.
19
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
May 31,1991 (56 FR 24835)
(Notice of Consent Decree)
May 31,1991 (56 FR 24835)
(Notice of Consent Decree)
May 31,1991 (56 FR 24803)
(Meeting Announcement)
DOJ gives notice of a proposed Consent
Decree In re Hollingsworth Solderless
Terminal Corporation. The Consent Decree
was lodged with the United States
Bankruptcy Court for the Eastern District of
Pennsylvania. Under the proposed
Settlement Agreement, Hollingsworth
Solderless Terminal Corporation (HSTC)
agrees to pay $130,000 to the Hazardous
Substances Superfund and to sell one of its
manufacturing plants and pay 55% of the
net sales proceeds to the Superfund. These
funds are being paid to reimburse the
United States for past and future response
actions taken at the HSTC facility in Fort
Lauderdale, Florida. DOJ will receive
comments on this Consent Decree through
June 30,1991.
DO] gives notice that proposed Consent
Decree in United States of America v.
Termac, Inc., et al.. Civil Action No. 91-3042,
was lodged with the United States District
Court for the Eastern District of
Pennsylvania. The proposed Consent
Decree resolves the liability of Defendants
under CERCLA for the groundwater
contamination at the Bally Engineered
Structures Superfund Site. Defendants
would be required to implement the
June 30,1989, Record of Decision and to
pay $95,000 in settlement of past response
costs. DOJ will receive comments relating to
the proposed Decree through June 30,1991.
EPA is announcing an open meeting of the
Federal Advisory Committee on Mining
Wastes. The purpose of the Committee is to
develop and exchange ideas about
managing mining waste in order to assist
EPA in carrying out its duties under RCRA.
The committee will meet on June 17 and 18
in Denver, Colorado, and on July 25 and 26
in San Francisco, California.
20
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RCRA/Superfund Hotline
National Toll Free ff 800/424-9346, Washington DC Metro #703/920-9810
JUNE FEDERAL REGISTER NOTICES
June 7,1991 (56 FR 26409)
(FACA Committee Meeting)
June 11,1991 (56 FR 26835)
(Notice of Consent Decree)
The Federal Advisory Committee is giving
notice of the second meeting of the Policy
Dialogue Committee. This meeting will
provide a forum to refine and further
develop issues raised during strawman
development and comment process, and to
facilitate the exchange of new ideas. The
Committee will be meeting on four different
dates, June 17-18th, 1991 at the Embassy
Suites Hotel, Denver, Colorado, and July 24-
25,1991, at the Sir Francis Drake Hotel, San
Francisco, California. Committee meetings
are open to the public without need for
advanced notice.
DOJ is giving notice of a proposed Consent
Decree in United States v. Aluminum
Company of America, et al., Civil Action
No. IP91-591-C. The Consent Decree was
lodged with the United States District Court
for the Southern District of Indiana. This
action was filed pursuant to sections 106
and 107 of CERCLA, 42 U.S.C. 9606 and
9607, for the clean-up of Northside Sanitary
Landfill in Zionville, Indiana. Under the
proposed decree, approximately 30 settling
defendants have agreed to perform remedial
action at the site that is estimated to cost
$25,000,000. It also requires settling parries
to pay the oversight cost that EPA and the
State of Indiana will incur up to $650,000,
and $22,500 to The Department of Interior
for damage to natural resources. DOJ will
receive comments through July 11,1991.
21
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RCRA/Suporfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
June 13,1991 (56 FR 27300)
(Final Regulatory Determination and Final
Rule)
June 13,1991 (56 FR 27332)
(Administrative Stay)
This action presents the Agency's final
regulatory determination required by Section
3001(b)(3)(C) of the Resource Conservation
and Recovery Act (RCRA) for 20 special
wastes from the processing of ores and
minerals. EPA has concluded that regulation
under Subtitle C of RCRA is inappropriate
for all 20 of the special wastes that were
studied. EPA plans to address 18 of these
wastes under Subtitle D. For the remaining
two wastes (phosphogypsum and process
waste water phosphoric acid production),
EPA plans to proceed with the development
of a program under the Toxic Substances
Control Act (TSCA). EPA plans to use
existing authority under either RCRA Section
7003 or CERCLA section 106 to address
threats posed to human health or the *
environment.
EPA is today announcing an administrative
stay of the hazardous waste listings F032,
F034, and F035 in process areas at wood
preserving plants. The primary effect of the
stay is to conditionally extend the effective
date of the drip pad management standards
to February 6,1992, for the upgrade of
existing drip pads, and to May 6,1992, for
the installation of new drip pads. The stay is
only available to facilities meeting certain
conditions intended to limit the extension to
those facilities making a bona fide effort to
comply with this rule. The effective date of
the stay is June 5,1991.
22
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RCRA/Supcrtund Hotline
National Toll Free # 800/424-9346, Washington DC Motro #703/920-9810
June 14,1991 (56 FR 27539)
(Notice of Consent Decree)
June 14,1991 (56 FR 27514)
(Administrative Settlement)
June 17,1991 (56 FR 27778)
(Notice of Consent Decree)
DOJ is giving notice of a proposed Consent
Decree pursuant to sections 106 and 107 of
CERCLA, 42 U.S.C 9606 and 9607. The
parties to this Consent Decree are Southern
Foundry Supply, Inc.; SMC Corporation; and
the City of Chattanooga. These parties agree
to design and implement the remedy
selected by EPA for the cleanup of the
Amnicola Dump Site in Chattanooga,
Tennessee. These parties also agree to
reimburse the United States for costs
incurred for overseeing implementation of
the remedy and for performing activities
related to remedial design/remedial action
activities and community relations. DOJ will
receive comments through July 14,1991.
\
EPA is giving notice of a proposed T
Administrative Cost settlement concerning
the Roe Lawe Tank site in Kansas City,
Missouri. This settlement was issued in
accordance with section 122(i) of CERCLA,
on May 22,1991. The settlement requires the
City of Kansas City to pay $36,454.41 to the
Hazardous Substances Superfund. EPA will
receive comments through July 14,1991.
DOJ is giving notice of a proposed Consent
Decree in United States v. Iowa Electric
Light & Power Company, Civil Action No.
4-91-80313. The proposed Consent Decree
was lodged with the United States District
Court for the Southern District of Iowa,
Central Division, seeking injunctive relief
and reimbursement of costs incurred by the
United States in responding to the release or
threat of a release of a hazardous substance
from the Fairfield Coal Gasification Plant in
Fairfield, Iowa. The Consent Decree
requires Iowa Electric Light & Power to
finance and perform certain remedial actions,
maintenance, and monitoring activities, at
the site. DOJ will receive comments through
July 17,1991.
23
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RCRA/Suporfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
June 17,1991 (56 FR 27778)
(Notice of Consent Decree)
June 17,1991 (56 FR 27779)
(Notice of Consent Decree)
DOJ is giving notice of a proposed Consent
Decree in United States v. Pierce, et al.. Civil
Action No. 83-CV-1623. The proposed
Consent Decree was lodged with the United
States District Court for the Northern
District of New York. The complaint was
filed pursuant to CERCLA, 42 U.S.C. 9601
et seq., to recover costs incurred by the EPA
at the York Oil Superfund site in Moira,
New York. DOJ will receive comments
through July 17, 1991.
DOJ is giving notice of a proposed Consent
Decree in United States v. City of San lose,
California, and A.I. Raisch Paving Co., Civil
Action No. 91-20337-JW. The Decree was
lodged with the United States District Court
for the Northern District of California. The
complaint seeks injunctive relief to require
the defendants to abate and remedy the
imminent and substantial endangerment,
and the effects of actual or threatened
releases. The Consent Decree requires the
defendant, to implement fully the remedy
as selected in the Agency's Record of
Decision and to pay the United States
$736,023.00 in reimbursement for past costs.
DOJ will receive comments through July 17,
1991.
24
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
June 19,1991 (56 FR 28088)
(Immediate Final Rule: Response to
Comments and Corrections)
(June 19,1991 (56 FR 28089)
(Notice of Final Determination)
June 20,1991 (56 FR 28353)
(Notice of Correction)
June 24,1991 (56 FR 28709)
(Immediate Final Rule)
This notice addresses two comments that
were received in response to the April 8,
1991, Federal Register (56 FR 14203)
regarding Ohio's provisions for listing K090
and K091 as hazardous waste (Ohio
Administrative Code 3745-51-32). This
notice also includes two additional
provisions of Ohio's hazardous waste
management program and corrects the table
of authorities published in the Federal
Register for April 8,1991, notice regarding
final authorization of revisions to Ohio's
hazardous waste management program.
Final authorization for Ohio's program
revisions will be accepted through July 19,
1991.
»
EPA has reached a final determination tfiat
New Hampshire's underground storage
tank program satisfies all the requirements
necessary to qualify for final approval.
Final approval for New Hampshire shall be
effective at 1:00 p.m., July 19,1991.
This corrects the rule approving New
Hampshire's underground storage tank
program (56 F_R 16276). It should have
appeared in the "proposed rule" Section.
Minnesota has applied for final authoriza-
tion of revisions to its hazardous waste
program under RCRA . EPA is granting
final authorization to Minnesota, subject to
public review and comment, to operate an
expanded program, subject to authority
retained by EPA under HSWA, as amended,
1984. Final authorization shall be effective
August 23,1991, unless EPA publishes a
prior Federal Register action withdrawing
this immediate final rule.
25
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RCRA/Supcrtund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
June 24,1991 (56 FR 28798)
(Proposed Rule)
June 26,1991 (56 FR 29183)
(Final Rule)
EPA is proposing this rule to define the
meaning of certain statutory elements in
CERCLA. In this proposed rule, EPA is
interpreting CERCLA section 101(20)(A) as
"security interest exemption" to clarify the
range of activities that may be undertaken,
by a private or Governmental institution,
without being considered to be participating
in the facilities management. In addition,
this rule proposes to define certain statutory
elements of CERCLA that pertain to the
liability of Governmental entities that
involuntarily acquire ownership or
possession of contaminated facilities. EPA
is also receiving comments on regulatory
language that would specify such other
types of acquisitions by Governmental \
entries that may be considered within the
meaning of the statute. Comments on this
proposed rule must be submitted by July 24,
1991.
EPA is issuing a final rule 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. In this final rule, the
range-reporting option on Form R used in
1990 will continue for the subsequent years.
Also, the Pollution Prevention Section of the
Form R will continue to be used. Finally,
this rule replaces EPA Form R and
Instructions in the Code of Federal
Regulations (CFR) with a Notice of
Availability and a listing of reportable data
elements.
26
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RCRA/Superfund Hotline
National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810
June 26,1991 (56 FR 29263)
(Lodging of Consent Decree)
June 26,1991 (56 FR 29264)
(Lodging of Consent Decree)
June 27,1991 (56 FR 29500)
(Notice of Consent Decree)
DO] is giving notice that on June 12,1991, a
proposed Consent Decree in United States v.
Beazer East, Inc., Civil Action No.
CIV-F-91-767 (LKK-JFM) was lodged with
the United States District Court for the
Eastern District of California. The proposed
Consent decree requires the defendant to
fully implement the remedy selected by EPA
for the Koppers Superfund Site, and to
reimburse the United States for all costs
incurred and to be incurred at the site. DOJ
will receive comments on the proposed
Consent Decree until July 26,1991.
Notice is provided by DOJ that a proposed
Consent Decree in United States v.
Rasmussen, Civil Action No. 88-CV-4-00^-FL,
was lodged with the United States District
Court for the Eastern District of Michigan.
The Consent Decree settles the liability of
defendant Alfred E. Pearson regarding
certain past and future costs incurred by the
United States in connection with the
Rasmussen Dump Site. DOJ will accept
comments on the proposed Consent Decree
through July 26, 1991.
DOJ is giving notice that two proposed
Consent Decrees in United States v. lessee
Roofing and Pointing Co., Inc., Civil Action
No. 3-91-60035 were lodged with the United
States District Court for the Southern District
of Iowa. The decree was filed under section
107 of CERCLA, 42 U.S.C. 9607, seeking
reimbursement of costs incurred by the
United States in responding to the release or
threat of a release of hazardous substances
from the Bettendorf Site located in
Bettendorf, Iowa. DOJ will receive comments
until July 27, 1991.
27
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LIST OF ADDRESSEES!
EdAbtams,OS-332
Jennifer Anderson, EPA-Reg. 7
Kate Anderson, OS-520
Beth Behrens, EPA-NEIC
Kathy Bishop, OS-210
John Bosky, EPA-Kansas City
Brett Bowhan, DOE-Idaho
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
Sabrina Callihan, DOE
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-Alabama
Becky Cuthbertson, OS-332
Elaine Davies,OS-100
Jeffery Denit, OS-300
Lynn DePont, OS-305
Director, RED, LE-134S
Dave Eberly, OS-343
Karen Ellenberger, OS-420
Terry Estardin, CA Dept. of Health
Lisa Friedman, LE-132S
John Gilbert, EPA-Cinn.
Diane Glass, Kelly AFB, TX
Alan Goodman, EPA-Portland, OR
Kristan Goschen, EPA-Reg. 8
John Gorman, EPA-Reg. 2
Janet Grubbs, OS-240k
Mary Greene, OS-332
Hinton Howard, EPA-Reg. 5
Henry Hudson, EPA-Reg. 4
Susan Hutcherson, EPA-Reg. 10
Harriet L. Jones, EPA-Reg. 7
Kathy Jones, OS-210
GaryJonesi,LE-134S
Ron Josephson, OS-333
Robert Kayser, OS-333
Mitch Kidwell, OS-332
Bob Kievit, EPA- Olympia, WA
Jerry Killiane, GAO
William Kline, OS-322W
Robert Knox, OS-130
Walter Kovalick, OS-110
Dave Leotta, PM-214F
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
Tami McNamara, TS-779
Scott McPhilamy, EPA-Reg. 3
Robert Morby, EPA-Reg. 7
Royal Nadeau, EPA-Reg. 2
Beverly Negri, EPA-Reg. 6
Susan OTCeefe, LE-134S
Chae Pak, EPA-Reg. 10
Myra Perez, EPA-Houston
Mark Phillips, EPA-Reg. 3
Margaret Pitre, BAH
Steve Provant, EPA-Boise, ID
Jim Radle, Jr., EPA-Reg. 9
Carl Reeverts, WH-550E
John Riley, OS-210
DaleRuhter,OS-341
William Sanjour, OS-330
Tim Schoepke, TS-793
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
Barbara Wagner, EPA-Reg. 8
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
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