oEPA
United St
Environmental Protection
Agency
Office of
Solid Waste and
DIRECTIVE NUMBER: 9943.2
TITLE: Enforcement of the USt Interim Prohibition
i
APPROVAL DATE: December 30, 1986
EFFECTIVE DATE: December 30, 1986
ORIGINATING OFFICE: OWPE
S FINAL
D DRAFT
LEVEL OF DRAFT
a A — Signed by AA or DAA
CjJ B — Signed by Office Director
DC — Review ft Comment
REFERENCE (other documents):
9943.1 EPA's Enforcement Strategy for the UST
Interim Prohibition
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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&EPA
L
Anna B. Duncan
United States Envirc~— ?-•"' °::"5: :--?••
Wcs.\. ' -
OSWER Directive Initiation Reemest
1 . Directive Number
9943.2
2. Originator Information
WH-527
Office
OSWER/OWPE/RCRA Enf
Telephone Number
382-4829
Enforcement of the UST Interim Prohibition
4. Summary of Directive (Include brief statement of purpose}
It is the purpose -of this memorandum to encourage the enforcement of the
Interim Prohibition by reviewing the goals, strategy, and resources
available for compliance monitoring, and alternative enforcement
mechanisms available to Regional personnel, includes an underground
tank inspection checklist.
5. Keywords
Enforcemnt, UST, Interim Prohibition
6a. Does this Directive Supersede Previous Directive " >C?
Date
OS WER OS WER OS WER
DIRECTIVE DIRECTIVE D
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9943.2
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
DEC $01966
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Enforcement of the UST Interim Prohibition
Gene A. Lucero, Director
Office of Waste Programs Enforcemen
FROM:
Ronald Brand, Director
Office of Underground Storage Tanks
TO: Waste Management Division Directors,
Regions I, V, VII, VIII
Air and Waste Management Division Director,
Region II
Hazardous Waste Management Division Directors,
Regions III and VI
Water Management Division Director, Region IV
Toxics and Waste Management Division Director,
Region IX
Hazardous Waste Division Director, Region X
The Interim Prohibition (Section 9003(g) Subtitle I of
RCRA) became effective on May 8, 1985. The Interim Prohibition
established a statutory standard on installation of tanks which
will remain effective until the promulgation of final new tank
standards. 1
1 Section 9003(g)establishes an interim prohibition against
the installation of any tank unless the tank (A) will prevent
releases due to corrosion or structural failure for the
operational life of the tank; (B) is cathodically protected
against corrosion, constructed of noncorrosive material, steel
clad with a noncorrosive material, or designed in a manner to
prevent the release or threatened release of any stored substance;
and (C) the material used in the construction or lining of the
tank is compatible with the substance to be stored. Under
Section 9003(g)(2) metal tanks may be installed without corrosion
protection, if soil tests conducted in accordance with ASTM
Standard G57-78, or another standard approved by the Administrator,
show that soil resistivity in an installation location is
12/000 ohm/cm or more.., but the remaining requirements regarding
structural failure and compatibility (paragraphs (A) and (C)
above) still must be met. The Agency has published a final
Interpretive Rule, 40 CFR Part 280, in the Federal Register
(51 FR 20419, June 4, 1986).
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9943.2
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It is the Agency's policy to initiate enforcement action
when violations of the Interim Prohibition are detected. EPA's
enforcement strategy for the Underground Storage Tank (UST)
Interim Prohibition was transmitted on September 16, 1986 by
Thomas Adams, Assistant Administrator for Office of Enforcement
and Compliance Monitoring and J. Winston Porter, Assistant
Administrator for Office of Solid Waste and Emergency Response.
It is the purpose of this memorandum to encourage the
enforcement of the Interim Prohibition by reviewing the goals,
strategy and resources for compliance monitoring, and alternative
enforcement mechanisms available to Regional personnel.
I. EPA'S GOALS FOR ENFORCEMENT OF THE INTERIM PROHIBITION
One of the Agency's long term goals for implementing and
enforcing the UST program is to establish strong State and local
UST programs and to minimize EPA's role in directly implementing
the UST regulatory program. However, an EPA enforcement role is
important both to enforce the Interim Prohibition and to
establish a Federal UST program across the country. Further,
EPA has primary responsibility to enforce the Interim Prohibition,
and, until State programs are authorized, any standards that
are promulgated. States, municipalities and other persons may
enforce these requirements pursuant to section 7002 of RCRA and
may enforce similar State standards pursuant to State Law.
The enforcement strategy for the interim prohibition set
forth a strategy for identifying and inspecting newly installed
tanks. The Agency's goals for enforcement of the UST interim
prohibition are as follows:
0 Conduct inspections both to promote voluntary compliance
and to determine the need for enforcement actions;
0 Pursue enforcement in response to clear cut violations,
including:
- filing of formal enforcement actions to enforce the
Interim Prohibition, and
- follow-through to achieve compliance
0 To focus EPA inspection and enforcement activities in
States that do not have State UST regulatory programs,
and in States with minimal programs.
II. COMPLIANCE MONITORING STRATEGY AND RESOURCES
Various methods exist for detecting violations of the
Interim Prohibition. Tips and complaints on bare steel tank
installation from a variety of sources (i.e., letters and telephone
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9943.2
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calls) may identify possible violations. Most violations will
be detected by inspectors who observe the installation of a
bare steel tank or who visit the site of a recently installed
tank.
A. Inspections and Technical Guidances
Inspections should be conducted to verify compliance with
the Interim Prohibition. The attached checklist is intended to
serve as a guide to the inspector as to information which can
indicate violations of the Interim Prohibition. It is possible
that some of the information requested on the checklist will not
be available during an inspection. The information available
depends, in part, on whether the inspection is performed during
or after the installation as well as to the quality of the
records kept by the owner/operator, installer or other person.
Please use this checklist when performing your inspections. Be
sure to attach this checklist to your work assignments when using
contractors to perform the inspections.
In addition to the checklist, the following technical
guidances are available:
Guidance Document for Installing Underground Storage Tanks
Under the Interim Prohibition, UST 12, August 1986.
Recommended Practices for Installing Underground Liquid
Storage Systems, Petroleum Equipment Institute, PEI RP
100-86.
Regions may find it useful to share this checklist and the
guidances with state and local government personnel who may
observe tank installations in the course of their duties and who
could refer violations of the Interim Prohibition to EPA.
B. Information Management
We request that you advise Headquarters OWPE of the results
of each inspection. This may be done by providing a very brief
summary of the results or a copy of the completed checklist.
More broadly, you should track by facility, the inspections
completed, violations identified and enforcement actions taken/
returns to compliance.
C. Resources
The FY 1987 budget provides a total of 10 FTEs for the EPA
Regions for enforcement of the UST program. Those 10 FTEs are
divided by Region as set forth below:
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Region FTEs
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
0.7
1.2
1.2
1.2
1.2
1.2
0.7
0.7
1.2
0.7
10.0
Additional resources are provided for UST implementation
activities (e.g., providing assistance to States in developing
UST programs, etc.).
The Enforcement Strategy for the Interim Prohibition
(September 16, 1986) encourages the Regions to work closely with
State and local agencies, including local fire marshalls, who
may have independent authority to inspect newly installed
tanks. State and local agencies are a substantial and valuable
component of the inspection program.
Nevertheless, the Regions will need to conduct some
inspections, especially to support case development, and may
require contractor support in case development work. For this
purpose, OWPE is setting aside $200,000 of Headquarters funds
(approximately 4,000 Level of Effort hours) in the Technical
Enforcement Support (TES) Contracts III and IV for use solely
on UST enforcement. These newly awarded contracts are zoned
contracts (TES III handles Regions I thru IV; TES IV handles
Regions V-X). The following table indicates your Regional
allocation of the $200,000 for UST enforcement:
Region TES III TES IV
I
II
III
IV
V
VI
VII
VIII
IX
X
$ 15,000
15,000
15,000
15,000
$ 15,000
15,000
15,000
15,000
15,000
15,000
(Reserve) 20,000 30,000
$80,000 $ 120,000
TOTAL $200,000
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I am also enclosing a list of Regional TES contacts who
can provide you additional information on these contracts and
can assist you in preparing work assignment forms. (Each work
assignment submitted must specify that it is for UST enforcement.)
An initial total of $150,000 will be allocated to all ten Regions
(the remaining $50,000 will be held in reserve for now). If a
Region chooses not to task its allocation by March 30, 1987, the
funding will be reallocated by Headquarters to another Region
utilizing the contracts as will the amount held in reserve.
TES contract money can be particularly helpful in providing
technical assistance for case development. For example, this
includes the measuring of soil resistivity or evaluating the
level of cathodic protection. Such information may be necessary
to document the violation, before the Region can pursue the case.
III. ENFORCEMENT RESPONSES
In the event that a violation is discovered by an inspection
or other means, the Region may proceed by taking one of the
following actions:
o Send a section 9006 letter to the alleged violator
requesting more information. A sample letter is attached
to the September 16, 1986 enforcement strategy memorandum,
o File an administrative compliant incorporating by
reference the 40 CFR Part 22 procedures. (A penalty
policy will be available in the near future.)
o Refer a civil action to OECM (a draft interim prohibition
model litigation report was transmitted by Edward Reich
for comment on December 1.)
o Verbally refer a civil action with a request for a
temporary restraining order/preliminary injunction, if
installation of a noncomplying tank is imminent.
IV. FEEDBACK
We are interested in feedback. Please let us know your
views on this subject. We plan to address this subject in the
next RCRA Enforcement monthly conference call.
If you have any questions with regard to this memorandum,
you may call Anna B. Duncan, OWPE (FTS 382-4829).
Attachments
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9943.2
UNDERGROUND STORAGE TANK INSPECTION CHECKLIST
Introduction and Instructions
Section 9003(g) of the Resource Conservation and Recovery Act (the
Interim Prohibition) prohibits persons from installing an underground
storage tank to contain regulated substances or petroleum unless the tank
(a) will prevent releases due to corrosion or structural failure for the
operational life of the tank (b) is cathodically protected against
corrosion, constructed of noncorrosive material, steel clad with a
noncorrosive material, or designed in a manner to prevent the release or
threatened release of any stored substance; and (c) the material used in
the construction or lining of the tank is compatible with the substance
to be stored.-7 If the soil within which the tank is installed has a
resistivity of 12,000 ohm-cm or greater, the tank is not required to be
equipped with corrosion protection.
I/ As stated in the interpretive rule 51 Fed. Reg. 20419 (June 4, 1986),
the requirements are:
(1) That the tank and underground piping be designed, constructed,
and Installed to prevent releases due to corrosion for the
operational life of the tank and the piping.
(2) That the tank and underground piping be designed, constructed,
and installed to prevent releases due to structural failure for
the operational life of the tank and the piping.
(3) That the materials used In the construction or lining of the
tank and its underground piping be compatible with the substance
to be stored in the tank.
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9943.2
Section 9003(g) specifies at least three acceptable methods of
corrosion protection: cathodic protection, a non-corrosive coating, and
a non-corrosive material of construction. The only non-corrosive
material presently acceptable for either coating or construction is
fiberglass-reinforced plastic (FRP).
Structural failure, assuming a valid design, Is prevented primarily
through applying proper Installation procedures.
This Inspection checklist is Intended to serve as a guide for the
Inspector 1n Identifying conditions which might constitute violations of
the Interim Prohibition. It Is possible that much of the Information
requested on the checklist will not be available during the Inspection.
The Information available depends, In part, on whether the Inspection 1s
performed during or after the Installation as well as the quality of the
records kept by the tank owner.
It 1s not essential that all the Information requested on the form be
provided. Again, the checklist is intended to guide the inspector to
details that can Indicate violations of the Interim Prohibition.
Much of the checklist is self-explanatory. The following pages
provide brief Instructions in completing specific items in the list. In
addition, the Inspector should provide two more pieces of information.
First, In the space provided, indicate the status of the facility. If
the facility is Inspected during installation, describe the status of the
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9943.2
Installation. If the Inspection occurs after the Installation Is
complete, describe the operational status of the facility (e.g.,
installation complete, facility fully operational).
Also, you will notice a set of parentheses next to most items. The
inspector is to place a "1" in the box if the information resulted from
direct (first-hand) observation. If the information was obtained from
the tank owner place a "2" in the parentheses. If a third party, or
source other than the owner provides any Information, place a "3" in the
parentheses.
Finally, note that parts I, II, and III should be completed for each
facility investigated however, parts IV, V, and VI must be completed for
each tank on the site.
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9943.2
UNDERGROUND STORAGE TANK INSPECTION CHECKLIST
This Inspection is being performed under the authority provided by
Section 9005(a) of the Solid Waste Disposal Act, which is commonly
referred to as the Resoure Conservation and Recovery Act (RCRA).
INSPECTOR NAME TITLE
ADDRESS
PHONE #
I. IDENTIFICATION DATE OF INSPECTION
A.I
Facility Name
B.I B.2
Facility Address (Street #) Facility City/State/Zip
B.3 ( )
Facility Phone
C.I C,2
Facility Operator Name Operator Address
(Street/City/State/Zip
D.I D.2
Facility Owner Name Owner Address
(Street/City/State/Zip
E.
Facility I.D. Number
(From Notification Form)
F.I F.2.
Name of Contact at Facility Contact Job Title
F.3 ( )
Contact Work Phone
G.I
Nature of Business (e.g. gas stations; auto/truck, fleet;
chemical plant)
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9943.2
[I. BACKGROUND
A.I
Number of tanks (Attach a copy of Notification Form)
A.2
Number of newly Installed tanks (Indicate on facility sketch)
B.I
Sketch of facility, showing all tanks and their I.D. numbers,
piping, anodes, etc., including topographic features on the
attached grid (following page).
C.I
Date Inspection Performed
D.I
Status of Installation (If not complete)
III. SITE ASSESSMENT
A. Soil Resistivity: Indicate the measured resistivity and
who made the measurement, along with the date of the
measurement. If possible, show the approximate location of
the measurement on the site drawing. Also, describe the
weather and soil conditions during measurement,
particularly regarding moisture.
A.I ( )
Soil Resistivity (ohm-cm)
A.2 ( )
Date of Resistivity Measurement
A.3 ( )
Weather Conditions During Measurement
B. Stray Current Analyses: If the storage system utilizes
steel or other metallic components, determine whether or
not a stray current analysis was performed. In addition,
observe the area surrounding the site and note any
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9943.2
potential stray current sources, such as buried pipelines
and power cables, subways, and welding operations.
Indicate approximate distances from the site.
B.I ( )
Stray Current Analysis Performed?
B.2 Identify Potential Stray Current Sources Near Fac111ty( )
(Attach sketch or list)
C.I Identify Potential Receptors, Conduits Off-Site ( )
(Attach sketch or list)
IV. TANK-SPECIFIC DATA (Fill Out Part IV For Each Tank Inspected)
A. Date of Installation: Enter the date the installation was
completed.
A.I ( )
Date of Installation
A.2 < )
Tank I.D. Number(s)
B. Material(s) Stored: Be as specific as possible. If It Is
gasoline, state which type (e.g., regular leaded, premium
unleaded). If it Is a hazardous chemical, specify the
trade name as well as the chemical name of the primary
constituent.
B.I ( )
Material Stored
C. Use of Material: Is this a final product, to be packaged
and or shipped? Is it an Intermediate to be used in the
manufacture of another product? If it is an intermediate,
state that the chemical is used to produce a final
product. Specify the final product.
C.I ( )
Use of Stored Material
D. Size of the Tank: Indicate the maximum volume (gallons of
the tank being inspected.
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9943.2
D.I _ ( )
Volume of Tank
E. Material of Construction: General material (e.g., steel,
stainless steel, FRP). If the tank is constructed of
another alloy, specify the alloy.
E.I _ ( )
Material of Construction
F. Internal Lining: Identify whether or not the tank is lined
internally. Specify if the tank was lined after
installation or during manufacture. If line, specify the
resin used in the lining or the name of the franchisor used
(e.g., Armour Shield, Bridgeport, Thermoset).
F.I _ _ ( )
Internal Lining, if any (N/A if no lining)
G.I _ ( )
Is the owner aware of the compatibility of tank/lining
material with substance stored?
G. Indicate whether the tank was new or used when Installed:
(If the tank has been used, indicate the approximate age of
the tank).
G.I _ ( )
Age of tank when installed at this site; state "new" if
new
H. Manufacturer: Name and address of the company that
manufactured the tank.
H.I. _ ( )
Manufacturer
Facility Address (Street No.)
Facility City/State/Zip
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9943.2
I. Installer: Name and address of general contractor who
Installed the system. If the tank owner contracted with
several contractors for specific Items, list the owner as
the installer and explain if the owner 1s also in the
business of Installing tanks or just contracted with others
to provide needed services (e.g., a plumber, backhoe
operator).
I.I ( )
Installer
Installer Address (Street No.)
Installer City/State/Zip
J. Tank Model : Identify the specific type of tank, such as
St1-P3 or equivalent and the manufacturer's model number
(e.g., Owens/Corning FRP model G-6). This Information may
be available from Invoices.
J.I _ . _ ( )
Tank Model (e.g., Sti-P3, BT-10, etc.)
K. Coating Material : All tanks are coated. Even so called "bare"
steel tanks are generally painted. If the only Information
available specifies bare steel, indicate this on the form.
Otherwise, determine the type of coating.
K.I _ ( )
Coating Material
L. Coating Thickness: If you are able to measure the
thickness (i.e., the tank is not yet installed), measure at
several spots and provide the average.
L.I _ ( )
Coating Thickness (inches)
M. Other Design Considerations:
V. CATHODIC PROTECTION
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9943.2
A. Cathodic Protection: Record the number, type (material,
such as zinc or magnesium), and size (In pounds) of the
anodes. If Impressed current is used, be aware that not
only do these systems also use anodes, but that they use
different materials, such as platenized niobium and
graphite. Zinc and magnesium are not used for Impressed
current.
A.I ( )
Number of Anodes
A.2 ( )
Type of Anodes
A.3. ( )
Size of Each Anode
B. Method of Attachment to Tank: State If the anode wire 1s
caldwelded, bolted, or clipped to the tank. If possible,
check the connection to ensure that It Is secure. Provide
a general description of the location of the connection
(e.g., on the end caps).
B.I Method of attachment to tank:
C. Provided with Tank or Separately?: If the anodes were
attached at the factory (pre-engineered), circle "with
tank". With this type of system, the anodes are attached
directly to the tank, usually on the ends. If the cathodic
protection system was engineered separately, such as with
impressed current, circle "separately". In this case,
whether the system is sacrificial anodes or Impressed
current, the anodes are not, generally, attached to the
tank. Rather, they are buried some distance away, with
only the lead wire running to the tank.
C.I Provided with tank or separately? ( )
(Circle correct answer)
10
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9943.2
0. Cathodlc Protection Monitoring Station Provided?: Circle
yes only If a test station Is specifically provided with
provisions for measuring the tank-to-soil potential and
anode current output. Periodic monitoring of cathodic
protection Is the only way to determine whether or not It
1s functioning properly. Because the subsurface
environment can change over time, annual testing of the
system is recommended. Test stations are not essential,
but they facilitate monitoring.
D.I Cathodlc Protection Monitoring Station Provided?
Yes No ( )
VI. INSTALLATION
A. Backfil1 Material: Was the proper backfill material used,
as specified 1n the Installation Instructions? Generally,
proper backfill consists of pea gravel, crushed stone, or
clean sand. Some native soils may be suitable for
cathodlcally protected steel tanks, but care must be taken
to ensure proper compaction to provide structural support
for the tank. If sand Is used, It should be mechanically
compacted.
Observe the backfill material as it Is deposited 1n the
excavation to see that it is free of debris such as large
rocks, scrap wood, and organic material or other trash.
Such material can damage the coating, the tank wall, or set
up localized corrosion cells in an otherwise noncorrosive
environment.
If possible, inspect the installation of the backfill to
determine that it is properly placed beneath the haunches
of the tank along Its entire length.
A.I ( )
Backfill Material
A.2 ( )
Properly Tucked Beneath Tank?
B. . Depth from the Top of Tank to Ground Surface: Determine
the burial depth of the tank, Including the thickness of
the concrete or asphalt pad. Compare this with the
manufacturer's Instructions or PEI's Recommended Practice,
RP100-86.
11
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9943.2
B.I < )
Depth From Top of Tank to Ground Surface
C. Method of Anchoring Tank: Describe the system used to
anchor the tank, If any. Include In your description the
use of a concrete pad, dead-men anchors, and hold-down
straps. Observe whether or not the straps are placed as
Indicated by the manufacturer.
C.I ( )
Method of Anchoring Tank
D.I ( )
Other Structural Problems (design/construction/installation)
VII. PIPING
A. Material of Construction: Indicate, where specified, the
material of construction (e.g., steel, FRP, PVC), and
whether or not the steel 1s galvanized. Also, Indicate If
the piping is cathodlcally protected and the type of
protection provided. Galvanized pipe Is not cathodlcally
protected. Be certain to distinguish the piping protection
from the tank protection. If the tank is protected by a
pre-engineer1ng system, the piping must have its own system.
A.I ( )
Material of Construction
A.2 If Steel, Galvanized? Yes No (Circle) ( )
B. Number. Type. Size of Anodes; Method of Attachment:
Indicate on the site drawing the locations of the anodes.
Also, provide the type (e.g., zinc, magnesium) and size of
the anodes, as indicated.
B.I Cathodic Protection? Yes No (Circle) ( )
B.2 Impressed Current Sacrificial Anodes (Circle) ( )
B.3 ( )
Number of Anodes
12
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9943.2
B.4 ; ( )
Type of Anodes (material)
B.5 ( )
Size Each of Anode (pounds)
B.6 Method of Attachment to Pipe (is sacrificial anodes) ( )
C. Type of Coating Used on Pipe: Galvanizing is not
considered a coating for the purposes of this form. If the
pipe is steel, without cathodic protection, it must be
coated. Indicate the coating material as specifically as
possible.
C.I ( )
D&E. FRP Pipe: If FRP pipe is used, inspect for the presence of
cracks, bowing, or contact with other piping runs. Also,
if the air temperature is below 60°, heating pads are
needed to provide sufficient heat for the pipe adhesives to
set properly.
D.I FRP Pipe:
Inspect for damage (Cracks, bowing, contact with other pipe
runs). Note any damage. ( )
E.I Joints (Indicate air temperature during installation) ( )
E.2 Proper Heating Equipment Used to Set Adhesives (If below
60°)? Circle one. ( )
Yes No
13
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9943.2
VIII OTHER OBSERVATIONS
14
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9943.2
REGIONAL RCRA TES CONTACTS ADDRESS LIST
Steve Fradkoff
TES Contact
US EPA Region I
John F. Kennedy Federal Buidling
Room 2203
Boston, MA 02203
(FTS) 223-1724
Eddie Louie
TES Contact
US EPA Region II
26 Federal Plaza
New York, NY 10278
(FTS) 264-1369
Jeff Barnett
TES Contact
US EPA Region III
841 Chestnut Street
Philadelphia, PA 19107
(FTS) 597-6688
Allan Antley
TES Contact
US EPA Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
(FTS) 257-4552
Bill Muno
TES Contact
US EPA Region V
230 South Dearborn Street
Chicago, IL 60604
(FTS) 886-4434
Linda Thompson
TES Contact
US EPA Region VI
1201 Elm Street
Dallas, TX 75270
(FTS) 729-2949
Scott Richey
TES Contact
US EPA Region VII
726 Minnesota Avenue
Kansas City, KS 66101
(FTS) 757-2891
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