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 • , ,, ?.„,,„*• « v-• « w « i_< j i *'i tin 1^,411., I . .., _• t 1 O ' J /V V J i \f jtf 'J • ''• -'••'-'. J' „! . ,' f t •> «lr\r\f r ~. r. if ,-;-, . , • •*"••'••< nocr •--..^..,^0, IL, Cjo .-,- , j $$ Printed on Recycled Paper ------- 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? ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- §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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- |