United States Office of Publication 9200.6-041 Environmental Protection Solid Waste and October 1992 Agency Emergency Response Directory Of Superfund Rulemaking Dockets Office of Emergency and Remedial Response Intermittent Bulletin Office of Program Management 5201G Volume 1, Number 1 The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was enacted in 1980 and launched the nation's first centralized and substantial commitment to clean hazardous waste sites. CERCLA, popularly known as the Superfund program, provided Federal authority and resources to respond directly to releases or potential releases of hazardous substances that could endanger human health or the environment. CERCLA authorized enforcement action and cost recovery from those responsible for a release. The Superfund Amendments and Reauthorization Act (SARA) was enacted in 1986 and continued the Superfund program by reauthorizing CERCLA for an additional five years. Establishing policies and procedures for cleaning up hazardous waste involves Congress, the Environmental Protection Agency (EPA) and the public. Under CERCLA and SARA, Congress delegated part of its power to write laws and to impose specific requirements to EPA. Some of the sections in CERCLA and SARA specifically order EPA to write rules, other sections leave the regulatory decision to EPA management's discretion. THE RULEMAKING PROCESS Rules and regulations are developed through the rulemaking process, which is designed to facilitate public participation through a notice and comment period. Public notices are placed hi the Federal Register describing the proposed rule, with instructions as to where to send comments and when comments are due. Participants in the rulemaking process include the regulated community, concerned citizens, and private companies contracted by EPA to conduct studies and submit reports pursuant to the proposed rule. EPA provides access to the information that influences the rulemaking process by making the background materials available to the public in a Public Docket room. Background materials for a specific rulemaking action can be located in the rulemaking docket for that regulation. The rulemaking docket also is referred to as the rulemaking record or public docket. Examples of documents that are found in a rulemaking docket include Federal Register notices, public comments, memoranda, technical support data and press materials. The Superfund Docket is the public viewing location for rulemaking materials which support EPA's Superfund program. The Superfund Docket also contains Records of Decision for National Priorities List sites. Printed on Recycled Paper ------- LOCATING THE SUPERFUND DOCKET USING THIS DIRECTORY The Superfund Docket is located at EPA Water- There are many different rules and policies which side Mall on 401 M Street, SW. Appointments affect the Superfund program. These range in may be made between the hours of 9:00 a.m. and scope from community awareness, to the priori- 4:00 p.m., excluding holidays, by calling tizing of hazardous waste sites, to identifying (202) 260-3046 or (202) 260-6940. which parties are responsible for cleaning up sites. The background materials utilized to for- Patrons from the Washington Metropolitan Area mulate a new policy are found in an individual must review the materials by visiting the Super- docket. fund Docket. Patrons may visit the Docket by entering the West tower of EPA and going to This directory is an index to individual dockets room M-2427. Patrons will need a valid picture available at the Superfund Docket. It is intended ID in order to gain entrance to the building and to assist patrons in identifying and requesting view documents. Facilities to photocopy docu- docket materials from the Superfund Docket. ments are provided. If 266 pages or fewer are copied, there will be no charge. If more than 266 The directory lists the dockets available for pages are copied, an administrative fee of $25.00 viewing at the time of this publication. Dockets will be charged, plus 150 for each page starting opened since the release of this directory can be with page 267. found in the Federal Register. Descriptions of the individual dockets and their docket numbers Patrons outside the Washington Metropolitan Area and relevant Federal Register citations are pre- can make arrangements for Docket staff to photo- sented on the following pages. Please note the copy and mail the requested copies to them, docket number or title when calling or visiting Photocopy charges remain the same. the Superfund Docket. ACCESSING FEDERAL REGISTER FINDING SUPERFUND INFORMATION NOTICES NOT AVAILABLE AT THE DOCKET TheFederalRegisterispublishedbytheNational The Superfund Docket contains general Super- Archives and Records Administration in order to fund site information, primarily scoring packages, make regulations and legal notices issued by public comments and Records of Decision. Federal agencies available to the public. Records of Decision are documents that detail the cleanup remedy selected for a site. More Every Superfund docket was created in support of specific site information can be found at the a Federal Register notice. This directory lists all Regional dockets. Such information includes relevant Federal Register citations for each Remedial Investigation/Feasibility Studies, Pre- Superfund docket. More detailed information on liminary Assessment, and Potentially the purpose and scope of a particular docket may Responsible Parties information. Regional dock- be obtained by reading specific Federal Register ets also contain all of the information housed at notices. the Superfund Docket pertaining to sites within that particular region. To obtain more specific The Superfund Docket has Federal Register no- site information, contact the Regional NPL Co- tices pertaining to Superfund only. The complete ordinator. Federal Register can be found at libraries or at Government Printing Office bookstores. To obtain non-rulemaking information regard- ing the Superfund program, or to get the name of a Regional NPL Coordinator, contact the RCR A/ Superfund Hotline at (800) 424-9346 or (703) 412-9810. ------- Docket Directory 1. National Contingency Plan 4 2. Hazard Ranking System 5 3. National Priorities List 6 4. Contract Laboratory Program Procedures 11 5. Lender Liability 12 6. Cost Recovery 13 7. RCRA Land Disposal Restrictions 14 8. Response Actions 15 9. Reportable Quantities Adjustments/Hazardous Substances 16 10. Arbitration and Response Claims Procedures 19 11. Emergency Response-Reimbursement 20 12. Worker Protection 21 13. Community Right-To-Know/Extremely Hazardous Substance List 22 14. Emergency Response Standards-Continuous Releases 24 15. Reporting Requirements-Federal Real Property 25 16. Cooperative Agreements .26 17. Technical Assistance 27 18. Oil Discharge and Oil Pollution Prevention 28 19. Policy Docket 29 19 A. CERCLA Municipals Settlement Study 29 19 B. Chemical Manufacturers Association vs. US EPA 30 19 C. Contractor Indemnification 31 19 D. Deferral Policy 32 19 E. RCRA State and Local Assistance 33 ------- Docket Directory 1. NATIONAL CONTINGENCY PLAN DOCKETS The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) is the regulation that implements CERCLA. The NCP outlines EPA's national program of response to releases of hazardous substances. It defines the roles and responsibilities of EPA, other Federal agencies, the States, private parties, and communities. It also maps out the entire clean up process. The NCP is large in scope and consists of the following sections: Subpart A - Introduction Subpart B - Responsibility and Organization for Response Subpart C - Planning and Preparedness Subpart D - Operational Response Phases for Oil Removal Subpart E - Hazardous Substance Response Subpart F - State Involvement in Hazardous Substance Response Subpart G - Trustees for Natural Resources Subpart H - Participation by Other Persons Subpart I - Administrative Record for Selection of Response Action Subpart J - Use of Dispersants and Other Chemicals Subpart K - Federal Facilities (Reserved) Subpart L - Lender Liability under CERCLA Appendix A - Hazard Ranking System Appendix B - National Priorities List Appendix C - Revised Standard Dispersant Effectiveness and Toxicity Tests Appendix D - Appropriate Actions and Methods of Remedying Releases. Subparts L and J, and Appendices A and B are addressed in separate Superfund Dockets. The rest of the NCP's existing Subparts and Appendices are revised in the NCP Dockets. Docket Number Federal Register Citations NCP: 40 CFR Part 300, NCP. 3/12/82 - Proposed Rule (47 FR 10974). 7/16/82 - Final Rule (47 FR 31180). NCP-R: 40 CFR Part 300, Revised NCP. 2/12/85 - Proposed Rule (50 FR 5862). 9/16/85 - Final Rule on additional mechanism for placing sites on the National Priorities List (50 FR 37624) 11/20/85 - Final Rule (50 FR 47912). Administrative Record. NCP-R2: 40 CFR Part 300, Final Revisions for NCP. 12/21/88 - Proposed Rule (53 FR 51391). 3/8/90 - Final Rule (55 FR 8666). Administrative Record. ------- Docket Directory 2. HAZARD RANKING SYSTEM DOCKET The Superfund's Hazard Ranking System (HRS) is a method for identifying risks at each site, assigning numerical scores to those risks, and comparing the relative severity of risks among sites. The HRS score is used to determine which sites are placed on the National Priorities List. The HRS was revised for accuracy in 1990. The HRS docket pertains to revisions of the HRS scoring system. Docket Number Federal Register Citations 105NCP-HRS: 40 CFR Part 300, Amendment to the NCP; The Hazard Ranking System. 4/9/87 - Advanced Notice of Proposed Rulemaking (52 FR 11513). 12/23/88 - Proposed Rule (53 FR 51962). 12/14/90 - Final Rule (55 FR 51532). Administrative Record. ------- Docket Directory 3. NATIONAL PRIORITIES LIST DOCKETS The Superfund program requires that the NCP include a list of sites in the U.S. where the known or threatened releases of hazardous substances, pollutants, or contaminants make the sites' clean- up a high priority. The National Priorities List (NPL) constitutes this list. The mechanism for prioritizing sites is included in the NCP. Additions to and deletions from the NPL are addressed in the NPL dockets. Rulemaking materials contained in the NPL dockets include site descriptions, HRS score sheets, RCRA support documentation, public comments on site listing, and background material on the NPL. If a site's listing on the NPL list was challenged in the courts, the Superfund Docket will have that site's site-specific information which normally is found only at the Regional Dockets. In addition to NPLrulemaking material, a complete collection of the Records of Decision for NPL sites are maintained at the Superfund Docket as reference material. All other site specific materials are maintained in individual site files at the Regional Dockets. Regional contacts for NPL dockets include: Nancy Smith, HSS-CAN7 U.S. EPA - Region 1 J.F. Kennedy Federal Building Boston, MA 02203-2211 (617) 573-9697 Ben Conetta U.S. EPA - Region 2 26 Federal Plaza New York, NY 10278 (212) 264-6696 Margaret Jennis, 3 HW-13 U.S. EPA - Region 3 841 Chestnut Street Philadelphia, PA 19107 (215) 597-8229 Deborah Vaughn-Wright U.S. EPA - Region 4 345 Courtland Street, NE Atlanta, GA 30365 (404) 347-5065 Bill Messenger, HSM5J U.S. EPA - Region 5 77 West Jackson Boulevard Chicago, IL 60604-3590 (312) 886-3007 Bartolome J. Canellas, 6H-MA U.S. EPA - Region 6 1445 Ross Avenue Dallas, TX 75202-2733 (214) 655-6740 Susan Lackey U.S. EPA - Region 7 726 Minnesota Avenue Kansas City, KS 66101 (913) 551-7062 Greg Oberley, 8HWM-SM U.S. EPA - Region 8 999 18th Street, Suite 500 Denver, CO 80202-2466 (303) 294-7598 Lisa Nelson, H-8-1 U.S. EPA - Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 744-2347 David Bennett, HW 093 U.S. EPA - Region 10 1200 6th Avenue Seattle, WA 98101 (206) 553-2103 ------- Docket Directory 3. NATIONAL PRIORITIES LIST DOCKETS (continued) Docket Number NPL (Original): NPL-U1: NPL-U2: NPL-U2.1: NPL-U2.2: NPL-U3: NPL-U4: NPL-U5: NPL-U6: Federal Register Citations 40 CFR Part 300, NPL; 691 sites. 12/30/82 - Proposed Rule (47 FR 58476). 3/4/83 - Additional Site Proposed Listing (47 FR 9311) 9/8/83 - Final Rule (48 FR 40658). Administrative Record. 40 CFR Part 300, NPL Update #1; 140 sites. 9/8/83 - Proposed Rule (48 FR 40674). 5/8/84 - Final Rule for 4 sites (48 FR 17480). 9/21/84 - Final Rule (49 FR 37070). Administrative Record. 40 CFR Part 300, NPL Update #2; 248 sites. 10/15/84 - Proposed Rule (49 FR 40320). 2/14/85 - Final Rule for 2 sites (50 FR 6320). 6/10/86 - Final Rule (51 FR 21054). Administrative Record. 40 CFR Part 300, NPL Revisions, Extension of Comment Period for 5 sites. 6/10/86 - Proposed Rule (51 FR 21109). 40 CFR Part 300, NPL Revisions, sites which continue to be proposed. 6/10/86 - Proposed Rule (51 FR 21054). 40 CFR Part 300, NPL Update #3; 32 sites. 4/10/85 - Proposed Rule (50 FR 14115). 9/16/85 - Final Rule for 1 site (50 FR 37630). 6/10/86 - Final Rule for 7 sites (51 FR 21054). 40 CFR Part 300, NPL Update #4; 41 sites. 9/18/85 - Proposed Rule (50 FR 37950). 6/10/86 - Final Rule for 13 sites (51 FR 21054). 40 CFR Part 300, NPL Update #5; 46 sites 6/10/86 - Proposed Rule (51 FR 21109). 40 CFR Part 300, NPL Update #6; 64 sites. 1/22/87 - Proposed Rule (52 FR 2492). ------- Docket Directory 3. NATIONAL PRIORITIES LIST DOCKETS (continued) Docket Number NPL-U7: NPL-U8: NPL-U9: NPL-U10: NPL-U11: NPL-U12: NPL-U13: NPL-FRU5: NPL-FRU6: NPL-FRU7: NPL-FRU8: NPL-FRU9: Federal Register Citations 40 CFR Part 300, NPL Update #7; 234 sites. 6/24/88 - Proposed Rule (53 FR 23988). 40 CFR Part 300, NPL Update #8; 10 sites. 5/5/89 - Proposed Rule (54 FR 19526). 40 CFR Part 300, NPL Update #9; 53 sites. 7/14/89 - Proposed Rule (54 FR 29820). 40 CFR Part 300, NPL Update #10; 25 sites. 10/26/89 - Proposed Rule (54 FR 43778). 40 CFR Part 300, NPL Update #11; 22 sites. 7/29/91 - Proposed Rule (56 FR 3584). 40 CFR Part 300, NPL Proposed Rule #12; 30 sites. 2/7/92 - Proposed Rule (57 FR 4824). 40 CFR Part-300, NPL Update #13; 9 sites. 10/14/92 - Proposed Rule (57 FR 47204). 40 CFR Part 300, NPL Final Rule Update #5; 97 sites. .3/31/89 - Final Rule (54 FR 13296). 40 CFR Part 300, NPL Final Rule Update #6; 74 sites. 10/4/89 - Final Rule (54 FR 41015). Administrative Record. 40 CFR Part 300, NPL Final Rule Update #7; 29 sites 11/21/89 - Final Rule (54 FR 48184). 40 CFR Part 300, NPL Final Rule Update #8; 72 sites. 2/21/90 - Final Rule (55 FR 6154). Administrative Record. 40 CFR Part 300, NPL Final Rule Update #9; 116 sites 8/30/90 - Final Rule (55 FR 35502). Administrative Record. 8 ------- Docket Directory 3. NATIONAL PRIORITIES LIST DOCKETS (continued) Docket Number NPL-FRU10: NPL-FRU11: NPL-D: NPL-FF: NPL-FFF: NPL-FRUM: NPL-FS: NPL-R-A1 NPL-RCRA-C: Federal Register Citations 40 CFR Part 300, NPL Final Rule Update #10; 20 sites. 2/11/91 - Final Rule (56 FR 5598). Administrative Record. 40 CFR Part 300, NPL Final Rule Update # 11; 33 sites. 10/14/92 - Final Rule (57 FR 47180). 40 CFR Part 300, NPL; Notice of Deletion of Sites; 11 sites. 12/31/85 - Proposed Rule (50 FR 53448). 3/7/86 - Final Rule (51 FR 7934). 40 CFR Part 300, NPL; Listing Policy for Federal Facilities. 5/13/87 - Proposed Rule (52 FR 17991). 3/13/89 - Notice of Policy Statement (54 FR 10520). 40 CFR Part 300, NPL; Final Federal Facility Site Update; 11 sites. 3/13/89 - Final (54 FR 10512). 40 CFR Part 300, NPL; 1 site. 3/14/90 - Final Rule. (55 FR 9688). 40 CFR Part 300, NPL; 99 sites. 7/22/87 - Final Rule (52 FR 27620). Administrative Record. 40 CFR Part 300, NPL; Reconsideration Docket; Whitewood Creek, SD; December 1986. 40 CFR Part 300, NPL; Sites subject to the Subtitle C Corrective Action Authorities of RCRA; 43 sites. 6/24/88 - Proposed Rule (53 FR 23977). ------- Docket Directory 3. NATIONAL PRIORITIES LIST DOCKETS (continued) Docket Number NPL-RCRA-C-F NPL-RFF: NPL-UC: NPL-UHW: NPL-WCC: NPL-WCCF: NPL-A0492 Federal Register Citations 40 CFR Part 300, NPL; Sites subject to the Subtitle C Corrective Action Authorities of RCRA; 50 sites. 10/4/89 - Final Rule (54 FR 41000). Administrative Record. 40 CFR Part 300, NPL; Federal Facilities Sites for 7 reproposed sites and 1 boundary expanded site. 7/22/87 - Proposed Rule (52 FR 27643). 40 CFR Part 300, NPL; Criteria for Determining Unwillingness for Sites Subject to the Subtitle C Corrective Action Authorities of RCRA. 8/9/89 - Policy Statement (53 FR 30005). 8/9/89 - Policy Statement for Comment to Additions to Policy for Determining Inability to Pay for Sites Subject to Subtitle C Corrective Action Authority of RCRA (53 FR 30002). 40 CFR Part 3.00, NPL; 2 sites. 8/16/89 - Proposed Rule (54 FR 33846). 40 CFR Part 300, NPL; 1 site. 5/9/91 - Proposed Rule (56 FR 21460). 40 CFR Part 300, NPL; 1 site. 9/25/91 - Final Rule (56 FR 48438). 40 CFR Part 300, NPL; 1 site Administrative Record 10 ------- Docket Directory 4. CONTRACT LABORATORY PROGRAM PROCEDURES DOCKET The Contract Laboratory Program Procedures docket establishes procedures for EPA to follow when dealing with laboratories under investigation for alleged fraud. This proposed rule applies only to laboratories under contract to the Superfund program. Docket Number Federal Register Citations NCP-CLP 40 CFR Part 300, OSWER Procedures for Contract Laboratory Program Investigations. 5/20/92 - Proposed Rule (57 FR 21576). 11 ------- Docket Directory 5. LENDER LIABILITY DOCKET CERCLA exempts from liability persons who own, but do not manage, hazardous waste facilities. These 'persons' are usually private or government lending institutions. The Lender Liability rule clarifies the types of actions that are considered management of a facility. CERCLA also exempts from liability governmental entities that 'involuntarily' acquire ownership or possession of contami- nated facilities. The Lender Liability rule clarifies situations which are considered involuntary. Docket Number Federal Register Citations NCP-LL/DSB 40 CFR Part 300, Lender Liability under CERCLA. 6/24/91 - Proposed Rule (56 FR 28798). 4/29/92 - Final Rule (57 FR 18344). Administrative Record 12 ------- Docket Directory 6. COST RECOVERY DOCKET EPA is authorized to recover from responsible parties, costs incurred for response actions. This docket clarifies a number of issues within the cost recovery process, including what costs are recoverable, and how costs are determined. Docket Number Federal Register Citations 115CCR 40 CFR Parts 300 and 308, Recovery of Costs for CERCLA Response Actions. 8/6/92 - Proposed Rule (57 FR 34742) 13 ------- Docket Directory 7. RCRA LAND DISPOSAL RESTRICTIONS DOCKET EPA solicited comments on how to interpret the RCRA term "land disposal" as it applies to some hazardous waste treatment methods under CERCLA. Although the proposed revisions to the NCP discussed this issue, EPA desired additional comments to consider while finalizing the NCP. Docket Number Federal Register Citations 121RA-LDR: 40 CFR Part 300, NCP; Applicability of RCRA Land Disposal Restrictions to CERCLA Response Actions. 10/10/89 - Proposed Rule (54 FR 41566). The final version of this rule is in the 1990 NCP (55 FR 8666). 14 ------- Docket Directory 8. RESPONSE ACTIONS DOCKET EPA proposes to add a new section to the NCP to establish procedures involving clean-up actions which involve the transfer of hazardous wastes off-site. The purpose of this off-site regulation is to avoid relocating an environmental problem when hazardous waste is transferred off-site. Docket Number Federal Register Citations 121POS: 40 CFR Part 300, Amendment to the NCP; Procedures for Planning and Implementing Off-Site Response Actions. 11/29/88 - Proposed Rule (53 FR 48218). 15 ------- Docket Directory 9. REPORTABLE QUANTITY ADJUSTMENTS / HAZARDOUS SUBSTANCES DOCKETS When hazardous substances have been released in quantities equal to or greater than EPA's established reportable quantity (RQ), CERCLA requires immediate notification to authorities. Under CERCLA, EPA is authorized to determine which substances will be defined as hazardous. Docket Number 102RQ: 102RQ-R1: 102RQ-R2: 102RQ-RN: 102RQ-273C: 102RQ-232EHS: Federal Register Citations 40 CFR Part 302, Advanced Notice of Proposed Rulemaking for Designation of Additional Hazardous Substances Under Superfund; Proposed Rulemaking for Superfund Notification Requirements and Reportable Quantity Adjustments. 5/25/83 - Proposed Rule (48 FR 23552). 4/4/85 - Final Rule (50 FR 13456). 40 CFR Part 302, Reportable Quantity Adjustments for Additional Hazardous Substances. 4/4/85 - Proposed Rule (50 FR 13456). 9/29/86 - Final Rule (51 FR 34533). 40 CFR Part'302, Reportable Quantity Adjustments for Releases of Lead, Methyl Isocyanate (MIC); Delisting of Ammonium Thiosulfate. 3/2/88 - Proposed Rule (53 FR 6762). 8/14/89 - Final Rule (54 FR 33418). 40 CFR Part 302, Reportable Quantity Adjustments: Radionuclides. 3/16/87 - Proposed Rule (52 FR 8172). 5/24/89 - Final Rule (54 FR 22524). 40 CFR Part 302, Reportable Quantity Adjustments: Carcinogens. 3/16/87 - Proposed Rule (52 FR 8140). 8/14/89 - Final Rule (54 FR 33418). 40 CFR Part 302, Designation of Extremely Hazardous Substances as CERCLA Hazardous Substances. 1/23/89 - Proposed Rule (54 FR 3388). 16 ------- Docket Directory 9. REPORTABLE QUANTITY ADJUSTMENTS / HAZARDOUS SUBSTANCES DOCKETS (continued) Docket Number 102RQ-251EHS: 102RQ-WP: 102RQ-WP2 102RQ-WS: 102RQ-7COKE: Federal Register Citations 40 CFR Part 302, Reportable Quantity Adjustments; Proposed Rule for 251 Chemicals. 8/30/89 - Proposed Rule (54 FR 35988). 40 CFR Part 302, Wood Preserving; Identification and Listing of Hazardous Waste; Standards for Manage- ment of Specific Hazardous Wastes and Management Facilities; Authorization Requirements for State Haz- ardous Waste Programs; Reportable Quantities Adjust- ments. 12/30/88 - Proposed Rule (53 FR 53282). 12/6/90 - Final Rule (55 FR 50450). See also'RCRA Docket number RCRA-F-88-WPWF- FFFFF. 40 CFR, Part 302, Wood Preserving; Identification and Listing of Hazardous Waste. Standards and Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. 12/05/91 - Proposed Rule (56 FR 63848). See also RCRA Docket number RCRA-F-91-WP2P- FFFFF. 40 CFR Part 302, Reportable Quantity Adjustments for Petroleum Refinery Primary Treatment Sludges (Waste Streams FO37 and FO38). 3/27/91 - Proposed Rule (56 FR 12826). 40 CFR Part 302, Reportable Quantity Adjustment; Coke By-Products Waste Listings. 7/26/91 - Proposed Rule (56 FR 35758). 8/18/92 - Final Rule (57 FR 37281) See also RCRA Docket number RCRA-F-91-CBPP- FFFFF. 17 ------- Docket Directory 9. REPORTABLE QUANTITY ADJUSTMENTS / HAZARDOUS SUBSTANCES DOCKETS (continued) Docket Number Federal Register Citations 102RQ-RQ: 40 CFR Part 302, Reportable Quantity Adjustment; Toluenes; Production Wastes. 10/11/91 - Proposed Rule (56 FR 51592). 10/15/92 - Final Rule (57 FR 47376). See also RCRA Docket number RCRA-F-91-LCTP- FFFFF. 102RQ-31L 40 CFR Parts 117, 302 and 355. Reportable Quantity Adjustments for Lead Metal, Lead Compounds, Lead 18 ------- Docket Directory 10. ARBITRATION AND RESPONSE CLAIMS PROCEDURES DOCKET The Response Claims Procedures (RCP) docket proposes regulations to establish the procedures for filing, evaluating, and resolving claims from individuals, potentially responsible parties, and private or foreign entities for costs incurred while responding to releases of hazardous substances. Reimbursement funds would be paid by the Superfund program. Docket Number Federal Register Citations RCP: 40 CFR Part 307, CERCLA Response Claims Procedures. 9/13/89 - Proposed Rule (54 FR 37892). NRC 40 CFR Parts 305, 306, CERCLA Arbitration Procedures and Natural Resource Claims Procedures. 3/8/85 - Proposed Rule (50 FR 9587). 12/13/85 - Final Rule (50 FR 51195). NRC-WP 40 CFR Parts 305, 306, Withdrawal of Arbitration Proce- dures and Natural Resource Claims Procedures for the Hazardous Substance Superfund. 7/13/87 - Proposed Rule (52 FR 26160). 9/8/87 - Final Rule (52 FR 33812). 19 ------- Docket Directory 11. EMERGENCY RESPONSE - REIMBURSEMENT DOCKET EPA issued a rule to provide financial relief, un der CERCLA, to local governments for expenditures made while responding to emergency hazardous substance threats. Local governments must show that the cost of their response significantly exceeded the pool of funds normally set aside for such emergency actions. Docket Number Federal Register Citations 123LGR: 40 CFR Part 310, Section 123 of SARA, Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases. 10/21/87 - Interim Final Rule (52 FR 39386). 20 ------- Docket Directory 12. WORKER PROTECTION DOCKET EPA extended the Occupational Health and Safety Administration (OSHA) worker protection standards to include employees engaged in hazardous waste operations that previously were not subject to OSHA standards. Docket Number Federal Register Citations 126WPS: 40 CFR Part 311, Section 126(0 of SARA; Superfund Programs; Worker Protection Standards; Coverage of Certain State and Local Employees. 10/17/88 - Proposed Rule (53 FR 40692) 6/23/89 - Final Rule (54 FR 26655). 21 ------- Docket Directory 13. COMMUNITY RIGHT-TO-KNOW / EXTREMELY HAZARDOUS SUBSTANCES LIST DOCKETS Title III of SARA requires EPA to publish a list of extremely hazardous substances and to establish a threshold quantity for each. Facilities that contain the hazardous substances in the threshold quantities indicated on EPA's list are required to report this information periodically so that State and local authorities can make emergency plans in case of sudden disasters which may occur at the facility. Unlike the RQ requirements, Title III requires reporting before any spill occurs. Docket Number 300PQ: 300PQ-A: 300PQ-EHS: 300PQ-IF: 300PQ-IF(A): Federal Register Citations 40 CFR Part 300 and 355, Section 302 of SARA; Emergency Planning and Community Right-to-Know; Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency Planning and Release Notification Requirements. 1/17/86 - Proposed Rule (51 FR 41570). 4/22/87 - Final Rule (52 FR 13378). 40 CFR Part 355, Extremely Hazardous Substance List. 11/17/87 - Final Rule on Bacitracin (52 FR 48072). 2/25/88 - Final Rule on 36 Substances (53 FR 5574). 40 CFR Part 355, Extremely Hazardous Substance List; Availability of Documents on Flammables and Explosives. 8/27/90 - Advance Notice of Proposed Rulemaking. (55 FR 35012). 40 CFR Part 370, Sections 311 and 312 of SARA; Emergency Planning and Community Right-to-Know. 1/27/87 - Proposed Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting Requirements (52 FR 2836). 10/15/87 - Final Rule (52 FR 38344). 40 CFR Part 370, Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting Requirements; Clarification of Reporting Dates for Newly Covered Facilities and Availability of Technical Reports. 8/4/88 - Published (53 FR 29331). 22 ------- Docket Directory 13. COMMUNITY RIGHT-TO-KNOW / EXTREMELY HAZARDOUS SUBSTANCES LIST DOCKETS (continued) Docket Number 300PQ-R1: 300PQ-TS: 300RR-IF: Federal Register Citations 40 CFR Part 355, Section 302 of SARA; Emergency Planning Programs and Community Right-to-Know; Extremely Hazardous Substance List. 7/21/89 - Proposed (54 FR 30700). 2/15/90 - Final (55 FR 5544). 40 CFR Part 350, Sections 322 and 323 of SARA; Trade Secrets and Provision of Information to Health Professionals, Doctors, and Nurses. 10/15/87 - Proposed Rule (52 FR 38312). 7/29/88 - Final Rule (53 FR 28772). 40 CFR Part 350,355, 370, and 372, Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting Requirements; Implementation of Reporting Requirements for Indian Lands. 3/29/89 - Proposed Rule (54 FR 12992). 10/12/89 - Interim Final Rule (54 FR 41904). 10/20/89 - Final Rule Regarding Listing of Hydrogen Chloride and Methacrylonitrile (54 FR 43165). 7/26/90 - Final Rule (55 FR 30632). 23 ------- Docket Directory 14. EMERGENCY RESPONSE STANDARDS - CONTINUOUS RELEASES DOCKETS In addition to the Community Right-To-Know/ Extremely Hazardous Substances List and Report- able Quantity Adjustments/Hazardous Substances rules, EPA developed notification requirements regarding situations where there is a continual release of hazardous substances. These notification requirements inform authorities of continual releases that may require a response action. EPA also added a definition of "federally permitted release". Docket Number 103(f)CR: 101(10)FPR: Federal Register Citations 40 CFR Parts 302 and 355; Reporting Continuous Releases of Hazardous Substances. 4/19/88 - Proposed Rule (53 FR 12868). 7/24/90 - Final Rule (55 FR 30168). 40 CFR Part 117, 302 and 355, Section 101(10) of CERCLA, Reporting Exemptions for Federally Permitted Releases of Hazardous Substances. 7/19/88 - Proposed Rule (53 FR 27268). 7/11/89 - Supplemental Notice to Proposed Rule (54 FR 29306). 24 ------- Docket Directory 15. REPORTING REQUIREMENTS - FEDERAL REAL PROPERTY DOCKET CERCLA as amended by SARA requires that when the Federal Government sells or transfers land, the Federal government must report any information about hazardous substances which were stored, released or disposed on the land which is to be sold or transferred. This docket clarifies the situations in which these requirements would apply. Docket Number Federal Register Citations 120FP-TR: . 40 CFR 373, Section 120 of SARA; Reporting Hazardous Substance Activity When Selling or Transferring Federal Real Property. 1/13/88 - Proposed Rule (53 FR 849). 4/16/90 - Final Rule (55 FR 14208). 25 ------- Docket Directory 16. COOPERATIVE AGREEMENTS DOCKET One of the vehicles EPA uses to conduct Superfund clean-up responses is a cooperative agreement, through which EPA authorizes recipients of federal funding to perform the lead role in clean-up activities. Recipients include States and Indian Tribes. The cooperative agreement has administrative requirements which this docket revises. Docket Number Federal Register Citations 104CA: 40 CFR Part 35, Cooperative Agreements and Superfund State Contracts for Superfund Response Actions. 1/27/89 - Interim Final Rule (54 FR 4132). 6/5/90 - Final Rule (55 FR 22994). 26 ------- Docket Directory 17. TECHNICAL ASSISTANCE DOCKET EPA feels that it is important to educate communities located close to hazardous waste sites on technical issues relevant to cleaning up hazardous waste. SARA authorizes the President to give grants to groups that can interpret technical materials and make their information accessible to the general public. There are rules related to issuing these grants and this docket addresses these. Docket Number Federal Register Citations 117TA-GR: 40 CFR Part 35, Section 117(e) of SARA; Technical Assistance Grants to Groups at NPL Sites. 3/24/88 - Interim Final Rule (53 FR 9736). 12/1/89 - Amendments to Interim Final Rule (54 FR 49848). 10/1/92 - Final Rule (57 FR 45311). 27 ------- Docket Directory 18. OIL DISCHARGE AND OIL POLLUTION PREVENTION DOCKETS The Oil Discharge regulation establishes and amends notification requirements for oil releases into U.S. waters. The Spill Prevention, Control and Countermeasures (SPCC) rule requires non- transportation related facilities to make plans for preventing oil spills into navigable U.S. Waters. This docket revises the Oil Discharge and SPCC regulations. Docket Number OS (Oil Sheen): SPCC: SPCC-IP: Federal Register Citations 40 CFR Part 110, Section 311 of the Clean Water Act; Amendments to the Oil Discharge Regulation. 3/11/85 - Proposed Rule (50 FR 9776). 4/2/87 - Final Rule (52 FR 10712). 40 CFR Part 112, Section 31 l(j)(l)(c) of The Federal Water Pollution Control Act. Oil Pollution Prevention; Non-Transportation - Related Onshore and Offshore Facilities. 7/19/73 - Proposed Rule (38 FR 19334) 12/11/73 - Final Rule (38 FR 34164) 3/26/76 - Miscellaneous Amendments (41 FR 12657) 40 CFR Part 112, Section 31 l(j)(l)(C) of the Clean Water Act as amended by the Oil Pollution Act of 1990; Oil Pollution Prevention; Non-transportation-related Onshore and Offshore Facilities. 10/22/91 - Proposed Rule (56 FR 54612). 28 ------- Docket Directory 19. POLICY DOCKETS Some Superfund dockets do not propose to amend the existing regulations but address EPA policies that need public review and comment. These dockets contain background materials and public comments on proposed Superfund policies. 19A. CERCLA MUNICIPAL SETTLEMENT STUDY DOCKET There are a significant number of Superfund sites that involve municipal wastes. Usually these sites also involve other Potentially Responsible Parties. EPA has set forth an interim policy on how municipalities will be treated during the settlement process for Superfund sites containing municipal waste. EPA will monitor the implementation of the policy in the Regions to determine whether changes to the interim policy are warranted. Docket Number Federal Register Citations CMS: Section 122 of CERCLA as amended by SARA; Superfund Program; Interim Municipal Settlement Policy. 12/12/89 - Request for Public Comment (54 FR 51071). 29 ------- Docket Directory 19B. CHEMICAL MANUFACTURERS ASSOCIATION VS. US EPA DOCKETS In June 1990, EPA announced a new settlement policy for Superfund sites under which EPA would not enter into settlement agreements where Potentially Responsible Parties (PRPs) that are supposed to perform the clean-up also would perform the official risk assessment. Having the same party conduct the clean-up action and risk assessment studies represents a conflict of interest. Docket Number Federal Register Citations CMA: Documents related to the 6/21/90 pronouncement that EPA would not enter into settlement agreements under which PRP's perform the official risk assessment. EPA/CMA: Sections 104 and 122 of CERCLA; Settlement Policy on the Performance of Risk Assessments at Superfund Sites. 2/20/92 - Notice of Evaluation (57 FR 6116). 30 ------- Docket Directory 19C. CONTRACTOR INDEMNIFICATION DOCKET EPA proposes to temporarily withhold from liability certain contractors engaged in hazardous waste site remediation activities. The intention of this proposal is to maintain a large number of response contractors during a time when there is a shortage of contractors with liability insurance. Docket Number Federal Register Citations 119RAC: Section 119 of CERCLA, as amended by SARA; Superfund Response Action Contractor Indemnification. 10/31/89 - Proposed Policy (54 FR 46012). 31 ------- Docket Directory 19D. DEFERRAL POLICY DOCKET The Deferred Listing Policy was proposed in the NCP. Under this proposed policy, sites could be taken off the National Priorities List if the responsibility for their clean-up was deferred to states or Federal authorities other than the Superfund Program. EPA considered a review of this policy. Docket Number Federal Register Citations DP: Documents relating to the disbanded Workgroup on Deferred Listing Policy. 32 ------- Docket Directory 19E. RCRA STATE AND LOCAL ASSISTANCE DOCKET In order to comply with section 3012 of RCRA, EPA has set forth procedures for States to follow when filing for financial assistance. Under section 3012, States are to develop inventories of hazardous waste storage and disposal sites. The inventories include information on site location; the amount, nature and toxicity of the waste at the sites; names and addresses of site owners; an identification of the types or techniques of waste treatment disposal used at the sites; and information regarding site status. Docket Number Federal Register Citations 3012 RCRA: Section 3012 of the RCRA State and Local Assistance. 2/7/83 - Published (48 FR 5684). 33 ------- |