UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 530R91107 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE nWlBOMIIf NTAl PROTECTION AGENCY MEMORANDUM EtiV1R uBRMfl, REGION V SUBJECT: Final Monthly Report— RCRA/ Super fund Industry Assistance and Emergency Planning and Community Right-To-Know Information Hotline Report for July 1991 ™™, *_fe. 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—TULY1991 RCRA 1. Truck Transport of Wastewater for Purposes of Section 261.3(a)(2)(iv)(A) A treatment, storage and disposal facility manages a wastewater which is a mixture of a solid waste and trichloroethylene in de minimis quantities as defined in Section 261.3(a)(2)(iv)(A). If the facility transports the wastewater in trucks from an on-site sump to its on-site NPDES-permitted wastewater treatment unit, does the waste still qualify for the exemption from the definition of hazardous waste under Section 261.3(a)(2)(iv)7 Yes, the waste still qualifies for the exemption. Section 261.3(a)(2)(iv) does not limit the means by which the wastewater may reach the wastewater treatment unit in order to be eligible for the exemption from the definition of a hazardous waste. The exemption requires only that that the wastewater be treated in a wastewater treatment unit at a facility subject to regulation under either section 402 or section 307(b) of the Clean Water Act and the wastewater must meet the de rninimis levels established in paragraphs (A) through (E). Source: Ron Josephson, OSW (202) 260-6715 Research: Melicent Brenner £5) Printed on Recycled Paper ------- 2. Enforcement of Air-Emissions Standards on RCRA-Exempt Units A closed-loop recycling unit is located at a TSDF in Pennsylvania. While 40 CFR §261.4(a)(8) exempts materials which are reclaimed in these units from the definition of solid waste, the State of Pennsylvania does not honor that exemption in its State program. The material in the recycling unit, therefore, becomes hazardous waste under Pennsylvania law. The June 21,1990, rule on organic air emissions for equipment leaks (55 FR 25454) provides standards for "equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight" in units which are subject to permitting under Part 270. Under Pennsylvania regulation, the closed loop recycling unit is subject to TSDF permitting. Would this unit be required to comply with the air emissions standards? While the closed-loop unit does contain "hazardous waste" under Pennsylvania regulation, the material inside is not considered solid waste (and so not a hazardous waste) under the Federal program. This State provision extends control over a unit not regulated under Federal RCRA, increasing the size of the regulated community and thus becoming "broader in scope" than the Federal program. Although the Federal government retains enforcement authority in authorized States over State provisions which are more stringent than Federal standards, it does not have jurisdiction over provisions which are broader in scope (see OSWER Directive 9541.04(84)). Since the closed-loop unit is only brought under State regulation by a provision which is not part of the authorized program, Federal standards, including the air emissions rule, would not apply. Until such time as the State revises its program to incorporate the June 21 rule, there is no authority for EPA to enforce the RCRA emissions standards for the closed-loop unit. It is still possible, however, for the State to write its own regulations governing air emissions with which the unit would have to comply. Source: Susan Jones, OSW (202) 260-9857 Research: Adam Sheridan SARA TITLE III 3. Section 313: Release Reporting Requirement for Barges Are releases from the loading and unloading of a barge reportable under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA)? Releases from the covered facility (i.e., barge terminal) must be reported. This would include releases from buildings, equipment, and storage at the terminal. The barge terminal ends where the equipment physically meets the barge. ------- 3. Section 313: Release Reporting Requirement for Barges (cont'd) Therefore, releases from equipment (e.g., pipelines, connections, hoses) that may extend into public water space must also be reported. Releases from the barge itself (e.g., air displacement of volatiles) are not reportable since barges are not covered under the definition of a facility (EPCRA Section 329(4)). Source: Sam Sasnett, OTS-ETD (202) 260-3821 Research: Dipti Singh 4. Section 313: Supplier Notification for Pure Chemicals Under 40 CFR 372.45, supplier notification is required for mixtures and trade name products containing listed toxic chemicals. The notification is not required for pure toxic chemicals. If a facility covered by the supplier notification requirements receives a substance which is labeled as a toxic chemical but no concentration is given, are they required to provide notification when selling or otherwise distributing the substance? No, if a substance is labeled as a toxic chemical and no concentration is given .therj the chemical should be considered "pure" (minor impurities would not be considered). Therefore, since supplier notification is not required for pure substances, no notification would need to be provided with this substance. Source: Ken Mitchell, OTS/ETD (202) 260-3960 Research: Richard Whittington 5. Section 313: Reporting of Ammonia Excess body parts from the slaughtering and butchering of animals are manipulated to separate the fats and proteins from other material present (e.g., bones). The bones and other materials not utilized are discarded by the facility. The separated fats and proteins are further processed to make a final product. Some of the amino acids and other nitrogenous materials present in the animal parts may decompose to produce ammonia. In addition, the animal parts contain, prior to processing, amounts of metabolic ammonia. The ammonia present in the fats and proteins remains in the final product. How does the facility consider these amounts of ammonia for purposes of threshold and release calculations under section 313 of the Emergency Planning and Community Right-to-Know Act (40 CFR 372)? The amount of ammonia produced due to decomposition of amino acids and other nitrogenous materials must be counted towards a manufacturing threshold for ammonia. Ammonia resulting from decomposition that is present in the separated fat and proteins must also be counted towards a processing threshold for ammonia since it becomes incorporated into the final product. (Any amounts of ammonia resulting from decomposition that remain with the material to be discarded are not counted towards a processing threshold since they are not incorporated into the final product.) 3 ------- 5. Section 313: Section 313: Reporting of Ammonia from the Rendering Process (cont'd) The amount of ammonia initially present as a metabolite is counted as follows: • The amount of metabolic ammonia present in the separated fats and proteins is counted towards a processing threshold for ammonia, and • The amount of metabolic ammonia present in the material that is discarded (e.g., bones) is not considered for threshold purposes since it is not manufactured, processed, or otherwise used. This amount of ammonia simply passes through the facility as a waste. If a threshold for ammonia is met by the facility, all releases and transfers off- site of ammonia must be reported [including releases and transfers off-site associated with the animal parts not utilized (e.g., bones)]. Source: Ken Mitchell, OTS-ETD (202)260-3960 Research: Rich Whittington ------- ACTIVITIES -JULY 1991 1. The RCRA/Superfund Hotline and the Emergency Planning and Community Right-to-Know Hotline responded to 16,629 questions, referrals and requests for documents in July. The breakdown is as follows: RCRA Superfund UST CEPP Information Questions 7,755 1,394 487 1,822= 11,458 Call Document Requests* 1,739 333 106 603 = 2,781 Referrals **2,095 — ***295 = 2390 Totals 11,589 1,727 593 2,720=16,629 * 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 July, the Hotline performed the following research assignments: • Responses to questions raised during analysis of the TC rule; and • Analysis of the Mineral Processing regulatory determination. ------- III. ANALYSES OF QUESTIONS—July 1991 RCRA/Superfund/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 UST O/O RCRA General Information §3010 Notification §260. 10 Definitions §260.22 Petrtions/Delisting §261 .2 Solid Waste Definition §261 .3 Haz. Waste Definition §261 C Char. Haz. Waste §261 D Listed Haz. Waste §261.4 Exclusions §261 .5 Small Quantity Generators §261 .6 Recycling Standards §261 .7 Container Residues §262 Generator-General §262 100-1 000 kg/mo §262 Manifest Information §262 Accumulation §262 Recordkeeping & Reporting §262 International Shipments Total Questions: Total Documents Requests: RCRA/Superfund Hotline 593 962 1,936 1,288 1,470 873 946 699 141 313 73 120 282 413 169 66 187 808 256 261 23 418 489 751 725 261 95 210 48 228 45 73 264 31 33 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 H BIF §266 E Used Oil Burned for Energy Recovery §266 F Precious Metal Reclamation §266 G Spent Lead — Acid Battery Reclamation Subtitle D: Municipal Solid Waste Subtitle D: Other Asbestos/PCBs/Radon Corrective Action Dioxins Household Hazardous Waste Medical/Infectious Waste Liability/Enforcement Minimum Technology Mixed Radioactive Waste Used Oil Waste Minimization 9,636 2,178 382 500 1,289 377 16 9,686 2,640 1,187 205 320 67 72 . 137 71 1,128 450 9,686 53 11 236 60 14 4 81 229 36 75 19 97 65 29 10 56 69 26 ------- RCRA-TSDF/264 and 265 A Scope/Applicability B General Facility Standards C Preparedness/Prevention 0 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 83 35 10 10 24 48 54 25 56 76 46 7 6 27 0 46 5 1 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 11 377 4 39 232 26 46 42 32 11 15 33 1 21 12 105 7,755 1,739 Underground Storage Tanks General §280.10 Applicability §280.11 Irrterm Prohibition §280.12 Definitions - General UST Regulated Substance §280 B New UST Systems - General §280.20 Performance Stds. §280.21 Upgrading §280.22 Notification §280 C General Operating Req. §2800 Release Detection §280 E Release Rpt. & Investigation 49 31 2 29 0 7 7 4 21 22 2 26 14 §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 31 23 0 43 111 12 30 12 7 4 487 106 ------- 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 Heahn/Toxics MRS Liability Mandatory Schedules Natural Resource Damages NBARs 117 2 2 33 109 2 10 18 12 11 3 4 25 0 20 17 8 5 43 0 123 11 27 121 0 4 1 NCP Notification NPL Off-Site Policy On-SHe 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 41 37 206 1 2 0 6 13 4 0 27 9 15 11 4 19 27 196 9 6 9 1 2 2 19 1,394 333 81 430 209 328 662 141 244 2,095 8 ------- Emergency Planning Community Right- Distribution of Calls by EPA Regions Region 1 Region 2 Region 3 Reaion4 Regions 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 ISUBTOTAL little III General (11.42%) §301-3 Emergency Planning: General SERCs/LEPC Notification Mixtures Extremely Hazardous Substances Delisting EHS Exemptions ISUBTOTAL 165 234 407 344 450 4 52 0 30 1 20 11 25 39 270 80 41 1 21 38 108 20 62 54 8 32 46 959 208 28 9 1 2 12 1 0 53| CEPP Total Questions: Total Document Requests: to-Know Information Hotline -July 1991 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 I/I I Regulations Thresholds OSHA Expansion Hazard Categories Mixtures Exemptions ISUBTOTAL (16.03%) 1,822 603 196 110 68 206 63 114 2,361 31 128 439 23 10 17 43 3 12 57 23 61 48 26 1 43 35 0 230 0 172 1.402 2,361 145 41 37 34 0 6 6 23 292| ------- §313: FormR Thresholds Phase I Phase II Phase III Workshop (Training) Petitions Health Effects Database Exemptions [SUBTOTAL (55.65%) §304: General Notification Requirements Reportable Quantities RQs vs. TPQs Transportation Exemptions ISUBTOTAL (5.82%) Training: General §305 Training Grants J305 Emergency Systems Review §126 (SARA) Training Regulations ISUBTOTAL (0.00%) General: CEPP Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title III Workshops Information Management Prevention ARIP Other 696 96 11 89 10 1 19 22 31 39 1,0141 54 18 14 15 2 3 1061 0 0 0 0 01 0 0. 0 0 1 0 0 0 124 Referrals SUBTOTAL Trade Secrets Enforcement Liability (6.86%) (0.05%) (1.10%) (0.16%) 125 1 20 3 CEPP Questions 1.822 OSHA Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline State/SERC TRIUS 30 4 4 89 21 12 36 26 Other 73 [SUBTOTAL 295 RCRA/SUPERFUND/UST/EPCRA QUESTIONS, DOCUMENTS REQUESTS AND REFERRALS GRAND TOTAL 16.629 CEPP Document Requests 603 10 ------- IV. PUBLICATIONS - TULY 1991 The following documents are available through the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. RCRA The following document are available through the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. Subject: Corrective Action "RCRA Corrective Action Decision Documents: The Statement of Bias and Response to Comments," OSWER Policy Directive No. #9902.6, Order No. PB91-201 756. SUPERFUND "Evaluation of Additional Guidance on Issuance of Unilateral Administrative Orders," OSWER Policy Directive No. #9833.0-2c, Order No.: PB91-201 764. "Policy Towards Owners of Residential Property at Superfund Sites," OSWER Policy Directive No. #9834.6, Order No.: PB91-205 476. "Supplemental Guidance on Performing Risk Assessments in RI/FS's Conducted by PRP's," OSWER Policy Directive No. #9835.15a, Order No.: PB91-205 526. "Superfund Desk Reference for Municipalities," OSWER Policy Directive No. #9800.3, Order No.: PB91-193 409. "CERCLA Site Discharges to POTW's; CERCLA Site Sampling Programs Detailed Data Reports," OSWER Policy Directive No. #9330.2-12, Order No.: PB91-921 270. "Transmittal of Model Concept Decree for CERCLA Section 104(e); Information Request for Enforcement Action," OSWER Policy Directive No. #9834.14, Order No.: PB91-193 417. "Applicability of LDR's to RCRA and CERCLA Groundwater Treatment Reinjection, Superfund Management Review Recommendation #26," OSWER, Policy Directive No. #9234.1-06, Order No.: PB91-921 332. 11 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 FEDERAL REGISTER NOTICES - TULY1991 Former Notices With Open Comment Periods October 17,1990 (55 FR 42067) (Notice) April 30,1991 (56 FR 19805) (Notice of Michigan's Compliance Schedule to Adopt Program Modifications) May 7,1991 (56 FR 21082) (Notice of Nebraska 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 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 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 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. This compliance schedule requires Nebraska to obtain program modifications for several provisions in the fifth non-HSWA cluster. Nebraska expects to submit a final application for authorization of these program revisions by March 1,1992. 12 ------- RCRA/Superfund 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 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 ended on July 29,1991. All other comments on this notice must be submitted on or before July 1,1991. May 31,1991 (56 FR 24803) (Meeting Announcement) June 7,1991 (56 FR 26409) (FACA Committee Meeting) 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 met on June 17 and 18 in Denver, Colorado, and July 25 and 26 in San Francisco, California. 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 met on June 17-18th, 1991, at the Embassy Suites Hotel, Denver, Colorado, and on July 24-25 at the Sir Francis Drake Hotel, San Francisco, California. Committee meetings are open to the public without need for advanced notice. 13 ------- RCRA/Superfund 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 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. 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 response to the release or threat of a release of a hazardous substance from the Fairfield Coal Gasification Plant in Fairfield, Iowa. The Decree requires Iowa Electric Light & Power to finance and perform certain remedial actions, and maintenance and monitoring activities, at the site. DOJ will receive comment through July 17,1991. 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 in Moira, New York site. 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.T. 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 reimburse- ment for past costs. DOJ will receive com- ments through July .17,1991. 15 ------- 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 Com- ments and Corrections) (June 19,1991 (56 FR 28089) (Notice of Final Determination) June 24,1991 (56 FR 28798) (Proposed 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 that 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. EPA is proposing to define the meaning of certain statutory elements in CERCLA. In this proposed rule, EPA is interpreting the CERCLA section 101(20)(A) "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 facility's 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 entities that may be considered within the meaning of the statute. Comments on this proposed rule must be submitted by July 24,1991. 16 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 June 26,1991 (56 FR 29183) (Final Rule) June 26,1991 (56 FR 29263) (Lodging of Consent Decree) June 26,1991 (56 FR 29264)- (Lodging of Consent Decree) 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 the Form R will continue to be used in 1990 and 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. DOJ is giving notice that on June 12,1991, a proposed Consent Decree in United States v. Beazer East. Inc.. Civil Action N. 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. 88CV4001FL, 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. 17 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 June 27,1991 (56 FR 29500) (Notice of Consent Decree) June 27,1991 (56 FR 29485) (Notice) DOJ is giving notice that two proposed Consent Decree in United States v. Tessee 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 response 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. EPA gives notice that the algorithm used to generate the priority list of hazardous substances required by CERCLA, as amended by SARA, is being re-evaluated and revised to include more current and comprehensive information in the ranking process. The algorithm is used in conjunction with a list of the hazardous substances which are most commonly found at facilities on the National Priorities List. Each substance becomes the subject of a lexicological profile prepared by the Agency for Toxic Substances and Disease Registry (ATSDR) with this notice. ATSDR and EPA solicit public comment on this revised approach for evaluating and ranking hazardous substances. A new list of 275 substances will be published in the Federal Register on or before October 17,1991. Comments on this notice will be accepted through July 28,1991. 18 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 June 28,1991 (56 FR 29589) Mississippi has applied for final authoriza- (Immediate Final Rule) tion of a revision to its hazardous waste program. Mississippi's revisions consist or the Toxitity Characteristic leaching procedure (TCLP) Rule, a component of HSWA Cluster H EPA has reviewed the Application and has made a decision, subject to public review and comment, that Mississippi's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. Final authorization will be effective August 27,1991, unless EPA publishes a prior Federal Register action withdrawing this immediate rule. All comments must be received by July 29,1991. 19 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 JULY FEDERAL REGISTER NOTICES July 1,1991(5612129977) (Notice of Consent Decree) July 1,1991 (56 FR 30192) (Technical Correction) July 1,1991 (56 FR 30200) (Final Rule; Technical Amendment) EPA gives notice of a proposed Consent Decree in United States v. Mattiace Industries, Inc., et al.. No. 86-1792. The Consent Decree was lodged with the United States District Court for the Eastern District of New York on June 14,1991. This Consent Decree resolves the claim under section 107 of CERCLA for recovery of clean-up costs incurred by the EPA in response to Hazardous Substances released at a site in Hicksville, New York. The Consent Decree also resolves the United States' claims for damages and civil penalties pursuant to sections 107(c)(3) and 106(b)(l), based on the defendants' failure to comply with EPA administrative orders directing them to investigate and clean-up the spill. Under the terms of the Consent Decree, the defendant will pay $1,700,000.00 plus interest accrued since December 10,1990. EPA is correcting errors in the final rule that appeared in the Federal Register on December 6,1990 (55 FR 50450). In this rule, EPA promulgated regulations under RCRA to add three new waste codes, F032, F034, and F035, generated from the wood preserving industry. EPA also promulgated standards for drip pads used to assist in the collection of treated wood drippage. This notice corrects errors and clarifies language in the preamble and regulations o'f the December 6,1990 final rule. This rule is effective July 1,1991. EPA is promulgating this rule to correct certain omission errors in the financial responsibility requirements under Subtitle C of RCRA. These errors were made in a rulemaking related to liability coverage that appeared in the Federal Register on September 1,1988 (53 FR 33938). This correction is effective July 1,1991. 20 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 3,1991 (56 FR 30519) (Proposed Rule and Request for Comment) July 8,1991 (56 FR 30996) (Notice) July 9,1991 (56 FR 31127) (Proposed Administrative Settlement) EPA proposes analytical methods under the Clean Water Act and RCRA to allow the use of alternative solvents in lieu of chlorofluoro- carbons (CFCs) in these methods. Use of CFC-113 is mandated under certain EPA laboratory methods designed to test for the oil and grease contents of waste and waste water. The Agency is proposing to change the requirements mat CFCs be used and is requesting comments on alternative solvents or methods that may be used to replace them. This proposal will amend Methods 9070 and 9071 of SW-846. In addition, the Agency is seeking information on the use of CFCs in other laboratory methods which are not currently specified in EPA regulations but are referred to in EPA guidance. EPA will accept comments through August 2, 1991. EPA is today publishing its Interim Model CERCLA RD/RA Consent Decree. This document provides model language for drafting Consent Decrees for settlements pursuant to section 122 of CERCLA as amended by SARA, for the performance of Remedial Design/Remedial Action (RD/ RA). EPA is publishing this document in order to provide wide public distribution. The Agency may revise the model based on experience gained in drafting RD/RA Consent Decrees. The EPA is proposing to enter into an Administrative Settlement to address claims under CERCLA. The Settlement is intended to resolve the liability of Dean Parker, Ray O. Parker & Son, and Vermont American Corporation and its Northeast Tool and Vermont Tap and Die Company Divisions for costs incurred by EPA, as of April 9,1990, in conducting response actions at the Parke Landfill Superfund Site in Lyndon, Vermont. EPA will accept comments through August 8,1991. 21 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 9,1991 (56 FR 31127) (Proposed Administrative Settlement) July 9,1991 (56 FR 31128) (Proposed Administrative Settlement) July 10,1991 (56 FR 31405) (Proposed De Minimis Settlement) EPA is proposing to enter into an Administrative Settlement to address claims under CERCLA. The Settlement: intended to resolve the liability under CERCLA of Handy & Harmon, Kewanee Industries, Inc., Swank, Inc., Texas Instruments Incorporated, CONOCO, In( and Goditt & Boyer for costs incurred by EPA, as of May 2,1990, in conducting response actions at the Shpack Landfill Superfund Site in Norton/Attleboro, Massachusetts. EPA will accept comment through August 8,1991. EPA is proposing to enter into an Administrative Settlement to address dairr under CERCLA. The Settlement is intende to resolve liability under CERCLA of Tansitor Electronics, Inc., and Siemens Communication Systems, Inc., for costs incurred by EPA, as of March 16,1990, in conducting response actions at the Tansitor Electronics, Inc., Superfund Site in Bennington, Vermont. EPA will accept comments through Augusts, 1991. EPA is proposing to enter into a de minimis Administrative Settlement to resolve claims under CERCLA section 122(g). This Settlement is intended to resolve the liabilities of two parties for the response costs incurred and to be incurred at the Colorado Avenue Subsite of the Hastings Groundwater Contamination Site, Hastings, Nebraska. EPA will accept comments through August 4, 1991. 22 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 10,1991 (56 FR 31421) (Notice of Consent Decrees) July 10,1991 (56 FR 31422) (Notice of Consent Decree) DOJ gives notice of the lodging of four Consent Decrees on July 1,1991. The Decrees were lodged pursuant to United States v. Cannons Engineering Corporation. et al., No. 88-1786-WF, with the United States District Court for the District of Massachusetts. The Decrees resolve claims of the United States against six defendants in the above-referenced action under CERCLA for contamination at four Superfund sites. The six defendants are Beggs & Cobb, Corp., d/b/a Seal Tanning Co., WES, Inc., d/b/a/ Maine Coastal Services, INCO United States, Inc., Crown Roll Leaf, Inc., Gillis & Tivey, Inc., and Chemical Management, Inc. The four sites are the Cannons Engineering Superfund Site in Bridgewater, Massachusetts, the Plymouth Superfund Site in Plymouth, Massachusetts, the Gilson Road Superfund Site in Nashua, New Hampshire, and the Tinkham's Garage Superfund Site in Londonderry, New Hampshire. Under the proposed Decrees, the defendants will pay a total of approximately $1,442,000.00 for past and future response costs incurred and to be incurred by the EPA at the sites. DOJ will accept comments through August 9,1991. DOJ gives notice of a proposed Consent Decree in United States v. Union Research Co.. Inc. et. al. No. 87-0355 B. The Consent Decree was lodged on July 2,1991, with the United States District Court for the District of Maine. The Decree resolves Counts II and III of the Complaint filed in this matter as to the defendant, IMC Magnetics, Corp. Under the Decree, the defendant will pay the United States $7,500.00 to settle for injunctive relief and penalties. DOJ will accept comments through August 9,1991. DOJ gives notice of a proposed Consent 23 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 11,1991 (56 FR 31574) (Notice of Consent Decree) July 12,1991 (56 FR 31900) (Notice of Intent to Delete from the National Priorities List) July 12,1991 (56 £131921) (Notice of Proposed Settlement) July 16,1991 (56 FR 32328) (Notice of Amendment) Decree in United States v. Lubrizol Corporation, et aL No. 3.-91CV7381,1 the United States and Lubrizol Corpc Allied-Signal Corporation, Rockwell International Corporation, and E.I. D\ de Nemours & Company. The Decree lodged on July 1,1991, with the Unite District Court for the Northern Distric Ohio. The Consent Decree resolves d of the United States under CERCLA fc expended between March 1986 and JuJ 1990, in connection with Greiner's Lag Facility. The site is located in Sandusk County, Ohio, near the town of Fremoi Under the Decree, the defendants will j $671,808.48. DOJ will accept comments through August 10,1991. EPA Region II announces it intent to d€ the Beach wood /Berkeley Wells site fror National Priorities List and requests comment. EPA and the State of New Jei have determined that no further fund- financed remedial actions are appropriai this site and actions taken to date are protective of public health, welfare, and i environment. Region II will accept comments through August 12,1991. EPA is proposing to enter into an Administrative Settlement to address clai: under CERCLA section 122(h). The Settlement is intended to resolve liability under CERCLA of the Department of the Navy for costs incurred by EPA, as of September 18,1991, in conducting respons actions at the Hooper Sands Superfund sit< in South Berwick, Maine. This notice amends the Federal authorities listed in the table previously published in t! Federal Register on March 29,1991 (56 FR 13080), for final authorization for revisions Mississippi's Hazardous Waste Program. C the effective date, Mississippi is not authorized to carry out certain provisions oi the Federal program. This rule was effective May 28,1991. 24 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 17,1991 (56 FR 32688) (Final Rule; Technical Amendments) July 22,1991 (56 FR) (Proposed Rule) July 24,1991 (56 FR 33866) (Immediate Final Rule) EPA is publishing technical corrections to a rule on the burning of hazardous waste in boilers and industrial furnaces that appeared in the Federal Register on February 21,1991 (56 FR 7134). This notice corrects typo- graphical and editorial errors and adds Appendix IX and Appendix X to Part 266. The effective date of this rule is August 21, 1991. EPA proposes regulations under RCRA that would require emissions controls on tanks, surface impoundments, containers and certain miscellaneous units. In addition, it would impose air emissions control requirements on generators accumulating hazardous waste in tanks and containers pursuant to 40 CFR §262.34. This action represents the second phase of the three- phased regulatory program. EPA will accept comments through September 20,1991. EPA has reviewed the application by the State of North Carolina for final authorization of revisions to its Hazardous Waste Program under RCRA, and has determined that North Carolina's Hazardous Waste Management Program revisions satisfy all of the requirements necessary to qualify for final authorization. Accordingly, EPA intends to approve the North Carolina Hazardous Waste Management Program, pending public review and comment. The program revisions consist of the provisions of non-HSWA Cluster V and the Toxicity Characteristic (TC) portion of HSWA Cluster II. Final authorization will be effective September 17,1991. 25 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 24,1991 (56 FR 33931) (Notice and Request for Comment) July 25,1991 (56 FR 34075) (Notice of Consent Decree July 25,1991 (56 FR 34075) (Notice of Consent Decree) EPA proposes to amend existing language in Subtitle C of RCRA, 40 CFR §261.11(a)(3), on the criteria for identifying solid wastes as hazardous. The proposed regulatory amendment is intended to more accurately reflect the Agency's intent and to facilitate consistent interpretation among EPA's Regions as well as State enforcement organizations. EPA will accept comments on this proposed rule through September 17,1991. The Agency for Toxic Substances and Disease Registry (ATSDR) published its response to comments received on the "Identification of Priority Data Needs for Phenol, Chloroethane, Carbon Tetrachloride and Isophorone," which was published in the Federal Register on March 28,1990. (55 FR11566) This notice also includes a revised draft copy of the Priority Data Needs document for carbon tetrachloride to illustrate the changes and improvements in these comments. Based on comments received, ATSDR has revised the format of its Priority Data Needs documents, which provide the background support for the Agency's determinations of priority data needs. EPA has reviewed the State of Indiana's application for final authorization of a revision to its Hazardous Waste Program under RCRA, and has decided that the application satisfies all the requirements necessary to qualify for final authorization. Thus, pending public review and comment, EPA is granting final authorization to Indiana to operate its revised program, subject to authority retained by EPA under HSWA. Final authorization will be effective September 23,1991. 26 ------- RCRA/Superfund Hotline National Toll Free * 800/424-9346, Washington DC Metro #703/920-9810 July 26,1991 (56 FR 35758) (Proposed Rule) July 26,1991 (56 FR 34156) (Proposed Rule) July 29,1991 (56 FR 35831) (Final Rule) July 29,1991 (56 FR 35840) (Proposed Rule) EPA has reviewed, the State of Indiana's application for final authorization of a revision to its hazardous Waste Program under RCRA, and decided that the application satisfies all the requirements necessary to qualify for final authorization. EPA is granting a petition to modify the listing for sulfuric acid on the list of toxic chemicals subject to Section 313 of the Emergency Planning and Community Right- to-Know Act of 1986 (EPCRA). Specifically, EPA is proposing to delete non-aerosol form of sulfuric acid from the list of toxic chemicals subject to Section 313. EPA gives notice of a proposed Administrative Order of Consent under section 122(h) of CERCLA concerning the Spiegelberg Site in Livingston County, ' Michigan. The proposed Consent Agreement requires the transporter, Alfred E. Pearson, to pay $60,000.00 of the past costs incurred by EPA at the Spiegelberg Site. EPA will accept comments through August 23,1991. DOJ gives notice of the filing of a complaint, United States v. Kern-pest Site. No. 90-11-2- 500 in the United States District Court for the Eastern District of Missouri, on July 11,1991. Simultaneously, a Consent Decree was lodged with the Court in the settlement of the allegations of the complaint. The Decree settles the Government's claims pursuant to sections 106 and 107 of CERCLA. The proposed Consent Decree provides that defendants will pay $440,000.00 and will consent to a CERCLA lien on the site. It also contains a waiver of future liability based on the defendants' ability to pay. DOJ will accept comments through August 24,1991. 27 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 26,1991 (56 FR 35758) (Proposed Rule) July 29,1991(56 FR 35831) (Proposed Rule) July 29,1991 (Notice of Proposed Settlement) EPA is proposing to amend its regulations for hazardous waste listing under RCRA by adding seven additional wastes generated during the production, recovery, and refining of coke by-products produced from coal to the list under 40 CFR §261.32. EPA is also proposing to amend Appendix VII of 40 CFR §261 to add the constituents for which these wastes are being listed. EPA is also proposing to amend CERCLA regulations 40 CFR §302.4 by designating the new wastes as hazardous substances. In addition, the Agency is proposing a series of exclusions to the definition of solid waste designed to facilitate recycling of the wastes proposed in this notice. EPA will accept comments through September 24,1991. EPA has reviewed the State of Indiana's application for final authorization of a revision to its Hazardous Waste Program under RCRA and decided that the application satisfies all the requirements necessary to qualify for final authorization. Thus, pending public review and comment, EPA is granting final authorization to Indiana to operate its revised program in lieu of the Federal program, subject to authority retained by EPA under HSWA. Final authorization will be effective September 27,1991. Comments will be accepted until 4:30 p.m. on August 28,1991. EPA has agreed to settle claims under CERCLA for response costs at the Lee's Landfill Site in Louisville, Kentucky. Claims will be settled with the Louisville and Jefferson County Sewer District and Jefferson County. Written comments will be accepted until August 28,1991. 28 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 30,1991 (56 FR 36010) (Final Rule) July 31,1991 (56 FR 36145) (Notice of Invitation) July 31,1991 (56 FR 36145) (Notice of Invitation) . EPA has reviewed the State of Indiana's application for final authorization of a revision to its Hazardous Waste Program under RCRA and decided that the application satisfies all the requirements necessary to qualify for final authorization. Thus, pending public review and comment, EPA is granting final authorization to Indiana to operate its revised program in lieu of the Federal program, subject to authority retained by EPA under HSWA. Final authorization will be effective September 30,1991. Comments will be accepted until 4:30 p.m. on August 14,1991. EPA invites submissions to VISITT, a new database for innovative hazardous waste treatment technologies for remediation. Developers, manufacturers, and suppliers are all eligible to be included in the database, which will be managed by the Technology Innovation Office (TIO). Complete information submitted by September 30,1991 will be included in the first release in early 1992. EPA is proposing to add 22 new sites to the National Priorities List under CERCLA. This proposed rule brings the number of proposed NPL sites to 23, which, when added to the current 1,188 sites, would bring the total to 1,211. EPA will accept comments through September 27,1991. 29 ------- LIST OF ADDRESSEES! EdAbrams,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 JefferyDenit,OS-300 Lynn DePoni, OS-305 Director, RED, LE-134S Dave Eberly, OS-343 Karen Ellenberger, OS-420 Terry Escarda, CA DepL of Health Lisa Friedman, LE-132S John Gilbert, EPA-Cinn. Diane Glass, Kelly AFB, TX Alar Goodman, EPA-Portland, OR Kristan Goschen, EPA-Reg. 8 John Gorman, EPA-Reg. 2 Janet Grubbs, OS-240 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 JimLoomis, FLERC 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 O'Keefe,LE-134S ChaePak, 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 Beta' 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 ------- |