UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OCT I 5 530R91108 MEMORANDUM "~~ OF-MCb Ul- .3fE AND EMERGENCY RESPONSE SUBJECT: FROM: TO: Final Monthly Report— RCRA/ Superfund Industry Assistance and Emergency Planning and Community Right-To-Know Information Hotline Report for August 1991 . 4k • • ^^^i 1^^^^ m^^M >ara Roth, Project Officer Office of Solid Waste Addressees This Report is prepared and submitted in support of Contract No. 68-WO-0039. I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—AUGUST 1991 RCRA 1. Regulatory Status of Off-Specification Circuit Printing Boards Periodically, in a circuit board manufacturing process, individual circuit boards are not considered to meet manufacturing specification standards. These units are dismantled, and the materials are reclaimed for use in the construction of new circuit boards. Assuming the circuit boards would exhibit a characteristic of 40 CFR Subpart C, would the dismantling and recycling of the boards be subject to RCRA Subtitle C hazardous waste regulations? No, reclamation of the off-specification circuit boards would not be subject to the RCRA Subtitle C hazardous waste regulations because the circuit boards are not hazardous wastes. By definition, for a waste to be a hazardous waste, it must be a solid waste (40 CFR §261.3). To determine whether a material is a solid waste when reclaimed, it must first be determined whether the material is a spent material, sludge, by-product, commercial chemical product, or scrap metal. (See 40 CFR §261.2(c)(3).) An unused circuit board is classified in the chemical products category. Although the commercial in the chemical products category in Table 1 of 40 CFR §261.2(c)(3) is labeled "commercial chemical products listed in 40 CFR §261.33," as explained in a Federal Register notice published on April 11,1985, (50 FR 14219) the status of commercial chemical products not listed in 40 CFR §261 (i.e., those that exhibit hazardous Printed on Recycled Paper ------- 1. Regulatory Status of Off-Specification Circuit Printing Boards (cont'd) wastes characteristics) is "the same as those that are listed in Section 261.33." These materials are normally solid wastes only if thrown away, and so are not solid waste if reclaimed. Further, the Agency interprets commercial chemical products to include all types of unused commercial products that exhibit characteristics, whether or not they would commonly be considered chemicals (e.g., circuit boards, batteries, and other types of equipment). Once it has been determined that the circuit boards are commercial chemical products, 40 CFR §261.2(c)(3) indicates that they are not solid wastes when they are to be reclaimed. Since the circuit boards are not solid wastes, they are not hazardous wastes and the reclamation is not subject to the RCRA Subtitle C hazardous waste regulations. It should also be noted that the 40 CFR §261.2(f) requirement (persons who raise a claim that a material is not a solid waste document must meet the terms of the exemption) may be applicable. Source: Charlotte Mooney, OSW (202) 260-6926 Research: Cynthia Hess 2. Enforcement of Air-Emissions Standards on RCRA-Exempt Units A closed-loop recycling unit is located at a Treatment Storage and Disposal Facility (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 dosed 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, therefore, not a hazardous waste) under the Federal program. This State provision extends control over a unit not regulated under 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 OSWFJl/Policy Directive ------- 2. Enforcement of Air-Emissions Standards on RCRA-Exempt Units (cont'd) 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. Source: Susan Jones, OSW (202) 260-9857 Research: Adam Sheridan SARA TITLE III 3. Section 313: Reporting of NPDES Number on the Form R When filing a Form R under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313, the reporting facility must identify the numbers of any permits they hold under the National Pollutant Discharge Elimination System (NPDES) even if the permit(s) do not pertain to the toxic chemical being reported. The facility identification portion of the Form R, Part I, Section 3.9, has two spaces (a) and (b) in which the facility enters their NPDES permit numbers, if any. If a facility has been assigned more than two NPDES numbers, how should it complete the Form R? The current version of the Form R only allows for identification of two NPDES permit numbers. There is no additional space on Form R for more than two NPDES permit numbers to be recorded. If a facility has more than two NPDES permit numbers, the facility should report the two numbers that are most applicable to the toxic chemical reported on Form R. If the NPDES numbers assigned to the facility do not apply to the chemical reported on the particular Form R, any two current NPDES numbers may be submitted. The facility should attempt, however, to supply the same NPDES permit numbers. As an example, a facility has 5 NPDES permit numbers, two of which apply to toluene, and three others which apply to non-TRI chemicals. However, the facility must file Form R's for toluene and chlorine. On the form for toluene, the facility should include the NPDES numbers that are applicable to toluene. On the form for chlorine, the facility should also use the same NPDES numbers as were used on the toluene form (as opposed to using two of the other three NPDES numbers). In any event, only current NPDES numbers should be reported on Form R. Source: Ken Mitchell, OTS/ETD (202) 260-3960 Research: Elizabeth Cunniff 4. Section 313: Supplier Notification Requirements A manufacturer distributes an item to its customers. Some of the customers utiii/«- • item in such a way that allows them to claim the "article exemption." [40 CFR 372.38(b)] However, some of the customers utilize the supplied item in such a w a \ ------- 4. Section 313: Supplier Notification Requirements (cont'd) that negates the "article exemption." How can the manufacturer determine when to provide a supplier notification for the items it distributes since it is not required to provide such a notification for "articles" [40 CFR 372.45(d)(l)(i)]/ and may not know the end result of the distributed items? If the end result of an item a manufacturer sells or otherwise distributes is unknown, no notification is necessary if the manufacturer reasonably anticipates that normal processing or use of the item by recipients would not negate its article status. If, however, the manufacturer knows that a recipient utilizes an item in such a way that negates its article status, the manufacturer would be required to provide a notification to that recipient. Source: Ken Mitchell, OTS/ETD (202) 260-3960 Research: Dipti Singh ------- n. AcnvrnES -AUGUST 1991 1. The RCRA/Superfund Hotline and the Emergency Planning and Community Right-to-Know Hotline responded to 16,126 questions, referrals and requests for documents in August The breakdown is as follows: RCRA Superfund UST CEPP Information Questions 6,159 1,069 537 1,707 = 9,472 Call Document Requests* 2,070 415 131 1,468 = 4,084 Referrals **2.194 — ***376 = 2,570 Totals 10,423 1,484 668 3,551 = 16,126 * 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 August, Aiming Smith (OTS-ETD) briefed the Hotline on the Pollution Prevention Act. The Hotline continued its research assignments with the Office of Solid Waste. ------- RCRA/Superfund Summary of Calls by EPA Region Region 1 Region 2 Region 3 1 Region 4 1 Region 5 1 Calls Regulated Community 6 EPA State & Local Gov't./Native America Federal Agencies Citizens Referrals EPAHQ EPA Regions States GPO/NTIS/PIC RCRA General/Misc. Special Wastes Ash Bevill Medical Oil and Gas Subtitle C Wastes hazardous Waste Identification General 1 Toxicity Characteristic Wood Preserving Used Oil Fluff Mixed Waste Delisting & Petitions Hazardous Waste Recycling Generators Small Quantity Generators Transporters Hotline 427 807 ,816 ,200 ,488 ,555 127 437 262 978 75 231 370 651 919 2 29 108 4 ,124 181 54 195 2 46 41 151 417 88 87 RCRA/SF Total Questions: Total Document Requests: Hotline - August 1991 Region 6 Region 7 Region 8 Region 9 Region 10 International TOTAL Interest Groups Educational Institutions Media Congress Other TOTAL ORD/RCRA Docket Other Hotlines Other Federal Agencies Other Sources TOTAL Treatment, Storage & Disposal General Facility Standards Siting Capacity Treatment Burning Storage Disposal Land Disposal Restrictions Permits & Interim Status Corrective Action Financial Assurance Liability/Enforcement Test Methods Health Effects Pollution Prevention/Waste Min. State Programs Hazardous Waste Data 7,765 2,616 858 341 434 1,209 311 13 8,904 141 156 62 0 186 8,904 122 398 247 100 2,194 Facilities 459 14 2 153 255 87 42 371 150 141 34 43 102 12 61 49 27 ------- Subtitle D Wastes Household Hazardous Waste Subtitle D Facilities General Facility Standards Siting Combustion Industrial Wastes Composting Source Reduction Grants & Financing Procurement General Building Insulation Cement & Products with Fly Ash Paper & Paper Products Re-refined Lubricating Oil Retread Tires Underground Storage Tanks Misc. Applicability/Definitions Regulated Substances Standards for New Tank Systems Tank Standards and Upgrading Operating Requirements 339 42 17 0 2 1 0 2 0 0 0 0 0 0 151 43 13 23 25 20 Solid Waste Recycling General Aluminum Batteries Glass Paper Plastics Tires Used Oil Markets General Aluminum Batteries Compost Glass Paper Plastics Tires Used Oil RCRA Questions RCRA Document Requests Release Detection Release Reporting & Investigation Corrective Action for USTs Out-of-Service/Closure Financial Responsibility State Programs Liability/Enforcement LUST Trust Fund UST Questions UST Document Requests 220 2 10 3 8 9 4 0 6 0 6 3 0 0 4 5 26 6,159 2,070 30 16 18 39 131 11 8 9 537 131 ------- CERCLA General/Misc. Access & Information Gathering Administrative Record Allocations from Fund ARARs CERCUS 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 Grants Hazardous Substances Health/Toxics MRS Liability Mandatory Schedules Natural Resource Damages 130 71 3 3 14 72 4 7 19 11 18 9 3 13 0 19 21 3 3 2 35 7 32 52 0 4 NBARs NCP Notification NPL Off Site Policy On Site Policy OSHA PA/SI PRPs Public Participation 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 2 18 44 109 5 2 5 13 17 1 11 11 39 15 12 41 27 99 3 12 12 4 1 1 10 1,069 415 ------- CEPP Total Questions: Total Document Requests: Emergency Planning Community Right-to-Know Information Hotline -August 1991 Distribution of Calls by EPA Regions Region 1 Region 2 Regions Region 4 Regions International Calls Manufacturers: 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 Title III General (12.95%) §301-3 Emergency Planning: General SERCs/LEPC Notification Mixtures Extremely Hazardous Substances Delisting^EHS Exemptions SUBTOTAL 6.50% 203 292 446 418 546 5 96 1 33 1 31 14 53 46 420 82 101 4 50 61 171 44 101 85 9 45 247 1,695 221 57 9 3 3 31 4 4 111 Region 6 Region 7 Regions 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 SUBTOTAL (19.21%) 1,707 1,468 285 146 71 341 67 258 3,078 51 127 419 32 18 30 41 8 13 66 23 52 51 44 1 41 26 3 209 0 128 1,383 3,078 135 33 55 28 3 20 11 43 328 ------- §313: FormR Thresholds Phase I Phase II Phase III Workshop (Training) Petitions Health Effects Database Exemptions SUBTOTAL (45.75%) §304: General Notification Requirements Reportable Quantities RQs vs. TPQs Transportation Exemptions SUBTOTAL (8.44%) Training: General §305 Training Grants §305 Emergency Systems Review §126 (SARA) Training Regulations SUBTOTAL (0.12%) General: CEPP Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title III Workshops Information Management Prevention ARIP Other SUBTOTAL (5.10%) Trade Secrets (0.47%) Enforcement (1.05%) Liability (0.41%) CEPP Questions CEPP Document Requests 412 58 110 74 13 9 33 3 35 34 781 73 16 40 2 1 12 144 1 0 0 1 2 0 6 0 0 1 0 0 0 80 87 8 18 7 1,707 1,468 Referrals: OSHA Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline State/SERC TRIUS Other SUBTOTAL 51 3 9 99 20 22 51 41 80 376 RCRA/SUPERFUND/UST/CEPP QUESTIONS, DOCUMENT REQUESTS AND REFERRALS GRAND TOTAL 16,126 10 ------- IV. PUBLICATIONS- AUGUST 1991 RCRA The following documents are available through the National Technical Information Service, 5285 Port Royal Road, Springfield VA 21161, (703) 487-4650 Subject: Wood Preserving "Report to Senate Appropriations Committee: Regulation of Wood Preserving Wastes," OSW No: EPA/530-SW-91-058, NTIS Order No. PB91-220 301. 1987 Biennial RCRA Hazardous Waste Report, OSW No. EPA/530-SW-91-061, NTIS Order No. PB91-220 293. The following documents are available from the RCRA/Superfund Hotline (800) 424-9346. Subject Biennial Report "1987 National Biennial RCRA Hazardous Waste Report, Executive Summary," OSW No. EPA/530-SW-91-061 A. Subject: BIF "Fact Sheet: Amendment to Regulations for Burning Hazardous in Boilers and Industrial Furnaces," OSW No. EPA 530/SW-91-063. Subject: Wood Preserving "Report to Senate Appropriations Committee: Regulation of Wood Preserving Wastes Executive Summary," OSW No. EPA/530-SW-91-058A. 11 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 V. FEDERAL REGISTER NOTICES - AUGUST 1991 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'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 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 die first duster 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 duster. Nebraska expects to submit a final application for authorization ot these program revisions by March 1,1992 12 ------- 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 9,1991 (56 FR 31127) (Proposed Administrative Settlement) 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 documents. EPA will accept comments through August 2, 1991. 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. EPA is proposing to enter into an Administrative Settlement to address claims under CERCLA. The Settlement is intended to resolve the liability under CERCLA of Handy & Harmon, Kewanee Industries, Inc., Swank, Inc., Texas Instruments Incorporated, CONOCO, Inc . 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 commen n through August 8,1991. 13 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 9,1991 (56 FR 31128) (Proposed Administrative Settlement) July 10,1991 (56 FR 31405) (Proposed De Mmimis Settlement) July 10,1991 (56 FR 31421) (Notice of Consent Decrees) EPA is proposing to enter into an Administrative Settlement to address claims under CERCLA. The Settlement is intended 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 August 8,1991. 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. The Department of Justice (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. 14 ------- 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) (Cont'd) July 10,1991 (56 FR 31422) (Notice of Consent Decree) July 11,1991 (56 FR 31574) (Notice of Consent Decree) The four sites are: Cannons Engineering Superfund Site in Bridgewater, Massachusetts; Plymounth Superfund Site in Plymouth, Massachusetts; Gilson Road Superfund Site in Nashua, New Hampshire; and Tinkham's Garage Superfund Site in Londonderry, New Hampshire. Under the proposed Decrees, the defendants will pay . 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 n and m 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 Decree in United States v. Lubrizol Corporation, et al.. No. 331CV7381, between the United States and Lubrizol Corporation; Allied-Signal Corporation; Rockwell International Corporation; and E.I. du Pont de Nemours & Company. The Decree was lodged on July 1,1991, with the United States District Court for the Northern District of Ohio. The Consent Decree resolves claims of the United States under CERCLA for costs expended between March 1986 and July 1,1990, in connection with Greiner's Lagoons Facility. The site is located in Sandusky County, Ohio, near the town of Fremont. Under the Decree, the defendants will pay $671,808.48. DOJ will accept comments through August 10,1991 15 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 12,1991 (56 FR 31900) (Notice of Intent to delete from the National Priorities list) July 12,1991 (56 FR 31921) (Notice of Proposed Settlement) July 17,1991 (56 FR 32688) (Final Rule; Technical Amendments) July 22,1991 (56 FR) (Proposed Rule) EPA Region n announces it intent to delete the Beachwood/Berkeley Wells site from the National Priorities List and requests comment. EPA and the State of New Jersey have determined that no further fund- financed remedial actions are appropriate at this site and actions taken to date are protective of public health, welfare, and the environment. Region n will accept comments through August 12,1991. EPA is proposing to enter into an Administrative Settlement to address claims under CERCLA section 122(h). The Settlement is intended to resolve liability under CERCLA of the U.S. Department of the Navy for costs incurred by EPA, as of September 18,1991, in conducting response actions at the Hooper Sands Superfund Site in South Berwick, Maine. 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 Appendices DC and 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. 16 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 24,1991 (56 FR 33866) (Immediate Final Rule) July 24,1991 (56 FR 33931) (Notice and Request for Comment) July 25,1991 (56 FR 34075) (Notice of Consent Decree) 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 n. Final authorization will be effective September 17,1991. 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 the EPA Regions as well as State enforcement organizations. EPA will accept comments on this proposed rule through September 17, 1991. 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. 17 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 29,1991(565135831) (Final Rule) July 29,1991 (56 FR 35840) (Proposed Rule) July 26,1991 (56 FR 35758) (Proposed Rule) EPA gives notice of a proposed Administrative Order on 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 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. Kem-pest Site. No. 90-11-2- 500 in the U.S. District Court for the Eastern District of Missouri, on July 11,1991. Simultaneously, a Consent Decree was lodged with the Court in 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. 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 VIE 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. 18 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 29,1991 (56 FR 35831) (Proposed Rule) July 29,1991 (Notice of Proposed Settlement) July 30,1991 (56 FR 36010) (Final Rule) 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 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. 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 applica- tion 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 informa- tion submitted by September 30,1991, will be included in the first release in early 1992. 19 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 July 31,1991 (56 FR 36145) EPA proposes to add 22 new sites to the (Notice of Invitation) 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. 20 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 AUGUST FEDERAL REGISTER NOTICES August 1,1991 (56 FR 36845) (Notice of Consent Decree) August 1,1991 (56 FR 36845) (Notice of Consent Order) August 1,1991 (56 FR 36845) (Notice of Consent Decree) August 1,1991 (56 FR 36846) (Notice of Consent Decree) August 1,1991 (56 FR 36992) (Proposed) August 2,1991 (56 FR 37095) (Notice) DOJ gives notice of a proposed Consent Decree in United States v. Allied Signal Inc7 et al.. Civil Action No. 91-408-LON. The Consent Decree was lodged with the U.S. District Court for the District of Delaware. DOJ will accept comments for 30 days. DOJ gives notice of a proposed Consent Order in United States v. BASF-Inmont Corporation et al.. Civil Action No. 91-40320. The Consent Order was lodged with the U.S. District Court for the Eastern District of Michigan. Comments will be accepted for 30 days. DOJ gives notice of a proposed Consent Decree in United States v. BP America. Inc., et §L, Civil Action No. 91-409. The Consent Decree was lodged with the U.S. District Court for the District of Delaware. Comments will be accepted for 30 days. DOJ gives notice of a proposed Consent Decree in United States v. Georgia Pacific Corp.. et al.. Civil Action No. 91-5063. The Consent Decree was lodged with the U.S. District Court for the District of South Dakota. Comments will be accepted for 30 days. DOT is proposing amendments to the Hazardous Materials Program Procedures under 40 CFR107. These rules will amend provisions published by DOT on February 28, 1991, (56 FR 8616) regarding the Hazardous Materials Transportation Uniform Safety Act. EPA announces that there will be a public meeting with the Expert Panel on the Role of Science at EPA. The meeting is scheduled to take place on August 19,1991, at Loew's L'Enfant Plaza Hotel, Washington, D.C., from 8:30 a.m. to 10:00 a.m. 21 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 2,1991 (56 FR 37101) (Notice) August 5,1991 (56 FR 37228) (Notice of Consent Decree) August 6,1991 (56 FR 37290) (Final Rule) August 6,1991 (56 FR 37291) (Correction Notice) August 6,1991 (56 FR 37331) (Notice) August 7,1991 (56 FR 37543) (Notice) The Center for Disease Control announces the cooperative agreements for Childhold Lead Poisoning and the availability of Funds for Fiscal Year 1991. DOJ gives notice of a proposed Consent Decree in United States v. Monsanto Co., Inc.. Civil Action No. 191-143. The Consent Decree was lodged with the U.S. District Court of the Southern District of Georgia. Comments will be accepted for 30 days. EPA has approved the State of Arizona's revisions to its hazardous waste program under RCRA. The effective date will be October 7,1991, unless a prior Federal Register notice is published withdrawing this rule. EPA gives notice of corrections to the final authorization of Utah's State Hazardous Waste Management Program. Some pertinent Federal Register citations from Table 1 were missing in the original final rule. (56 FR 23648) The authorization became effective on July 22,1991. EPA is extending the comment period for the proposed rule published on July 3,1991, (56 FR 30591) establishing analytical methods under Clean Water Act and RCRA to allow the use of alternative solvents in lieu of chlorofluorocarbons (CFCs) in these methods. Comments will be accepted until October 1,1991. EPA is expanding the bioremediation data in the Alternative Treatment Technology Information Center (ATTIC). All interested parties may submit information, such as case studies on technologies used for site clean-up. 22 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 12,1991 (56 FR 38111) (Notice) August 13,1991 (56 FR 38342) (Final Rule) August 14,1991 (56 FR 40323) (Notice) August 14,1991 (56 FR 40292) (Proposed) EPA announces an international conference on environmental technologies for September 5-6,1991. It will be held at the Sheraton Reston in Reston, Virginia, and will focus on new markets for selling environmental technologies in Poland, Czechoslovakia, and Hungary, and on opportunities for commercializing Federal environmental research. EPA is finalizing the technical amendment related to overfill design standards for Underground Storage Tanks under 40 CFR 280.20. This amendment will allow alternative uses of equipment located closer to the tops of tanks over 4,000 gallons if it can be done to meet certain minimum levels of performance. This rulemaking has been issued in response to a petition for rulemaking under RCRA Section 7004 (a) by the American Petroleum Institute, and has an effective date of September 12,1991. EPA announces public hearings that will be held September 16-26,1991, relating to the Integrated Environmental Plan for the Mexico-United States Border Area. Copies of testimony to be given at the hearings are due by August 30,1991, and written comments will be accepted until September 30,1991. EPA is proposing to amend the financial responsibility requirements for Underground Storage Tanks containing petroleum by modifying the compliance dates under 40 CFR §280.91(d). For petroleum marketing firms owning 1-12 tanks at more than one facility or less than 100 tanks at one facility and non-marketers with a net worth of less than $20 million, the compliance date will be extended to December 31,1992. The previous deadline was October 26,1991 ^ ^ FR 46022, October 30,1990) Comments * .. 1 be accepted until September 13,1991. 23 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 15,1991 (56FR 40627) (Notice of Consent Decree) August 15,1991 (56 FR 40628) (Notice of Consent Decree) August 16,1991 (56 FR 40896) (Notice of Extension to Comment Period) August 19,1991 (56 FR 41072) (Final Rule) DOJ gives notice of a proposed Consent Decree in United States v. Gurley Refining Co.. Inc.. et al. Civil Action No. J-C-87-291. The Consent Decree was lodged with the U.S. District Court for the Eastern District of Arkansas. Comments will be accepted for 30 days. DOJ gives notice of a proposed Consent Decree in United States v. Lord Corporation. etal.. Civil Action No. 91-177(E). The Consent Decree was lodged with the U.S. District Court for the Western District of Pennsylvania. Comments will be accepted for 30 days. EPA is extending the comment period for the proposed de minimis settlement under CERCLA section 122 (g) on the Colorado Avenue Subsite, Hastings Ground Water Contamination Site. The original notice of settlement was published in the Federal Register. July 10,1991. Written comments must be provided on or before September 9, 1991. EPA is finalizing its decision to deny a petition submitted by Acme Fill Corporation, Martinez, California, to exclude certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR §§261.31 and 261.32. This rulemaking finalizes the proposed denial published on May 1,1990. (see 55 FR 18132) 24 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 19,1991 (56 FR 41164) (Final Rule) August 20,1991 (56 FR 41286) (Final Rule) August 21,1991 (56 FR 41568) (Notice of Consent Decrees) August 21,1991 (56 FR 41569) (Notice of Consent Decree) EPA is finalizing treatment standards under the Land Disposal Restrictions (LDR) Program for K061 (electric arc furnace dust) non wastewaters that contain 15% or more total zinc at the point of initial generation. The Agency is also finalizing a generic exclusion from the derived from rule (40 CFR §261.3(c)(2)(i)) for high temperature metals recovery (HTMR) nonwastewater slag residues from K061 processing, provided that those residues can meet designated concentration levels; are disposed of in Subtitle D units; and do not exhibit any characteristics of hazardous waste. This rule also finalizes a conditional exclusion for K061 HTMR splash condenser dross residue from classification as a solid waste. This rule is effective on August 8, 1991. EPA is granting a final exclusion from the lists of hazardous wastes contained in 40 CFR §§261.31 and 261.32 for certain solid wastes generated by Geological Reclamation Operations (GROWS), and Waste Systems, Inc., of Morrisville, Pennsylvania. This action is in response to a delisting petition submitted under 40 CFR §260.22. The effective date of the rule is August 20,1991. DOJ announces three proposed Consent Decrees in United States v. Allied Corporation^ al.. under Civil Action No.90-11-3-26. These Consent Decrees were lodged with the U.S. District Court for the Northern District of California on August 9, 1991. Comments will be received for 30 days. DOJ announces a proposed Consent Decree in United States v. The Michael Company, et aL_ 90-70-D-S. The Consent Decree was lodged with the U.S. District Court for the Southern District of Iowa. Comments will be accepted for 30 days. 25 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 21,1991 (56 FR 41554) (Notice of Final Decision on Petition Modificaiton) August 22,1991 (56 FR 41710) (Notice of Consent Decree) August 22,1991 (56 FR 41686) (Notice and Request for Comments) August 22,1991 (56 FR 41626) (Immediate Final Rule) August 23,1991 (56 FR 41846) (Notice of Consent Agreement) August 26,1991 (56 FR 42067) (Notice of Consent Decree) EPA gives notice that a modification of an exemption to the land disposal restrictions under the 1984 HSWA Amendments to RCRA has been granted to E.I. du Pont de Nemours & Co., Inc., Beaumont, Texas. This exemption concerns the Class I injection wells located at Beaumont, Texas. This action is effective as of August 14,1991. DOJ gives notice of a proposed Consent Decree in United States v. Aeroquip. et al., Civil Action No. 91-2077-0. The Consent Decree was lodged with the U.S. District Court for the District of South Carolina. Comments will be accepted for 30 days. EPA gives notice of a proposed settlement to resolve a claim under section 107 of CERCLA against Mr. Frank Aiple, of Aiple Towing Company in Stillwater, Minnesota. Comments relating to this settlement will be accepted for 30 days. EPA has reviewed the State of Texas' application for revisions to its hazardous waste program. Final authorization for Texas will be effective on October 21,1991, unless EPA publishes a prior notice in the Federal Register withdrawing this rule. Comments will be accepted until September 21,1991. EPA gives notice of a proposed administra- tive consent agreement under section 122 (h) of CERCLA, as amended concerning the United Scrap Lead Hazardous Waste Site at Highway 25 A in Troy, Ohio. This agreement is under Civil Action No. V-W-91-C-11. Comments will be accepted for 30 days. DOJ gives notice of a proposed Consent Decree in United States v. The Dow Chemical Company. Civil Action No. 91- CV-1042. The Consent Decree was lodged with the U.S. District Court for the District of Wyoming. Comments will be accepted for 30 days. 26 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 26,1991 (56 FR 42068) (Notice of Consent Decree) August 26,1991 (56 FR 41944) (Final Rule) August 26,1991 (56 FR 41958) (Immediate Final Rule) August 27,1991 (56 FR 42504) Final Rule: Technical Amendments) August 28,1991 (56 FR 42637) (Notice of Consent Decree) DOJ gives notice of a proposed Consent Decree in United States v. Northwestern States Portland Cement Company and Holnam Inc.. Civil Action No. C91-3062. The Consent Decree was lodged with the U.S. District Court for the Northern District of Iowa. The comment period will be for a period of 30 days. EPA is announcing its decision to deny the petition submitted by Bethlehem Steel Corporation (BSC), Lackawanna, New York, to exclude, on a one-time basis, certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR §261.31 and §261.32. This rule finalizes the proposed denial for BSC's petition published on April 7,1989, (54 FR 14101) and is effective as of August 26,1991. EPA is approving the State of Louisiana's hazardous waste program revisions, and final authorization shall be effective on August 26,1991, unless EPA publishes a prior Federal Register action withdrawing this rule. Comments must be received by the close of business September 25,1991. EPA is making several technical amendments to the final rule for boilers and industrial furnaces burning hazardous wastes. These revisions provide clarification and correct unintended consequences of the rule. The amendments discussed become effective on August 21,1991. DOJ gives notice of a proposed Consent Decree in United States v. FMC Civil Action No. CY-91-3060-AAM. The Consent Decree was lodged with the U.S. District Court for the Eastern District of Washington. Comments will be accepted for 30 days. 27 ------- RCRA/Superfund Hotline National Toll Free # 800/424-9346, Washington DC Metro #703/920-9810 August 28,1991 (56 FR 42572) (Announcement) August 29,1991 (56 FR 42756) (Extension of Comment Period) August 29,1991 (56 FR 42756) (Notice of Consent Decree) August 29,1991 (56 FR 42730) (Policy Statement) August 30,1991 (56 FR 42944) (Immediate Final Rule) EPA gives notice of the final meeting of the Advisory Committee to negotiate a rule to recycle lead acid batteries. The meeting is open to the public and will take place on September 17,1991 from 9:00 a.m. to 4:00 p.m. at the Hyatt Regency, Crystal City, Arlington, Virginia. DOJ gives notice of an extended comment period in the proposed Consent Order in United States v. BASF- Inmont Corporation. etaLCivil Action No. 91-40320. The Consent Order was lodged with the U.S. District Court for the Eastern District of Michigan on July 18,1991. The comment period will be extended until September 30, 1991. DOJ gives notice of a proposed Consent Decree in United States v. Nell Taylor, et al., Civil Action No.L-86-0310-L(A). The Consent Decree was lodged with the U.S. District Court for the Western District of Kentucky. Comments will be accepted for 30 days. EPA is announcing its policy on the civil enforcement of the storage prohibition in Section 3004 of RCRA at facilities which generate "mixed wastes" regulated under both RCRA Subtitle C Hazardous Waste Program, and the Atomic Energy Act (AEA). The policy explains how EPA considers violations of Section 3004 (storage prohibition at such facilities) fits the Agency's civil enforcement priorities, and is effective immediately. EPA has reviewed New York's application and approves their hazardous waste program revisions. Final authority for New York becomes effective on October 29,1991, unless a prior Federal Register action is published to withdraw this rule. Comments will be accepted until September 30,1991. 28 ------- 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 Karen Burgan, OS-110 Edmond Burks, EPA-Reg. 5 Heather Bums, BAH Diane Buxbaum, EPA-Reg. 2 Sabrina Callihan, DOE Carol Carbone, EPA-Reg. 1 Sonia Chambers, EPA-Reg. 5 Richard Clarizio, EPA-Reg. 5 Don R. Clay, OS-100 Jerry Clifford, EPA-Reg. 9 Bill Cosgrove, EPA-Reg. 4 Clinton Cox, EPA-Alabama Becky Cuthbertson, OS-332 Elaine Davies, OS-100 JefferyDenit,OS-300 Lynn DePont, OS-305 Director, RED, LE-134S Dave Eberly, OS-343 Chris Elias, CA DepL of Health Terry Escarda, CA DepL 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-240 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 O'Keefe,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 Debbie Rutherford, OS-420WF William Sanjour, OS-330 Tim Schoepke, TS-793 Jay Silberman, US Coast Guard Elaine Stanley, OS-500 Kathie Stein, LE-134S Beverly Thomas, OS-420WF 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 ------- |