EJBD ARCHIVE EPA 530- R- 90- 128 ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 January 22,1990 MEMORANDUM SOLID WASTE AND EMERGENCY RESPONSE SUBJECT: Final Monthly Report—RCRA/Superfund Industry Assistance Hotline and Emergency Planning and Community Right-To-Knpw Information Hotline Report for September 1989 FROM: TheaMcManus, Project Officer >A Office of Solid Waste <\ \&fr TO: See Lists of Addressees This Report is prepared and submitted in support of Contract #68-01-7371 I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—SEPTEMBER 1989 A: RCRA 1. Manifest Requirements and the Off-Site Definition Within an industrial park, a corporation leases four contiguous plots of property to wholly owned subsidiaries on one large piece of land. As all the companies use similar solvents, the corporation has built a central recycling facility which would accept transported spent solvents from each of the different production plants. While each of the four companies has a separate EPA ID Number, all facilities are connected via private roads on the corporation's property. If the solvent wastes are trucked from one company, over another's leased property in order to get to the central recycling facility, do the manifest regulations apply? ------- 1. Manifest Requirements and the Off-Site Definition (Ccmt'd.) UJ PRODUCTION PLANT (LEASED FROM PARENT) PARENT RECYCLING PLANT B PRODUCTION PLANT PRIVATE PRODUCTION PLANT PRODUCTION PLANT O oc y 3 CD PUBLIC ROAD When wastes are moved within a corporate park without use of public roads, the waste is not considered to be transported off-site. Therefore, a manifest is not required. Section 262.20 of 40 CFR requires "a generator who transports, or offers for transportation, hazardous waste for off-site treatment... must prepare a Manifest...." The definition of "off-site" is interpreted as that which is not on-site. Section 260.10 defines "on-site" to mean, "the same or geographically contiguous property which may be divided by public or private road—Non- contiguous properties owned by the same person but connected by a right of way which he controls and to which the public does not have access, is also considered on-site property." As long as the right of ways are controlled by the lessors, and the public access is restricted, the movement of hazardous waste does not constitute transportation "off-site"; a manifest, therefore, is not required. Source: Emily Roth Research: Todd Glass (202) 382-4777 ------- 2. Clarification of Land Disposal Restriction for Underground Injected Wastes A facility owner/operator generates spent pickle liquor (K062) which is a "First Third" land disposal restricted waste. The spent pickle liquor is disposed of in an on-site underground injection well. K062 waste, which is disposed of by underground injection, received a two-year national variance from treatment standards in the August 16,1988 Federal Register. (53 FR 30908) Is this owner/operator subject to the notification/ certification requirements for land disposal restricted waste? The EPA promulgated the regulatory framework for implementing land disposal restrictions for underground injection wells in the July 26, 1988 Federal Register. (53 FR 28118) Pursuant to 40 CFR Section 148.5, generators of hazardous waste that are disposed of into Class I-H injection wells must comply with the requirements under 40 CFR Sections 268.7(a) and (b). Section 148.5 also states owners and operators of Class I-H injection wells must comply with the applicable requirements of 40 CFR Section 268.7(c). (53 FR 28155) The November 7, 1986, Federal Register promulgated the hazardous waste management system land disposal restrictions. The preamble explains that generators who also treat, store, or dispose restricted waste on-site must place the corresponding notification, certification, waste analysis date, and other information required pursuant to 40 CFR Section 268.7, into their operating record. (51 FR 40597) The EPA provided a two-year national capacity variance for K062 which is disposed by injection in the August 16,1988 Federal Register. (53 FR 30908) Restricted wastes which receive a national variance are subject to reduced requirements. The November 7, 1986 Federal Register explains, "during the national variance, the generator must send a notice (as specified in Section 268.7(a)(3)) to the land disposal facility indicating that EPA has granted an extension of time in which to comply with the applicable Part 268 Subpart D treatment standard". (51 FR 40625) Accordingly, this generator disposing of K062 on-site would enter this notification into his operating record until August 8, 1990. Effective August 8,1990, their operating record must contain all the paperwork required under 40 CFR Section 268.7. Source: Bruce Kobelski (202) 382-5508 Research: Jace Cuje ------- 3. Petroleum USTs - Financial Responsibility Compliance Dates Owners of petroleum underground storage tanks (USTs) are required to comply with the financial responsibility requirements of 40 CFR Part 280 Subpart H. UST ownership is the basis for the compliance schedule set forth in Section 280.91. For purposes of determining which category a person belongs in, is a parent company considered to be the UST owner of a wholly owned subsidiary's tanks? The preamble to the October 26, 1988 Federal Register Financial Responsibility Requirements Final Rule confirms that "EPA designated UST ownership as the factor determining compliance categories". (53 FR 43330) EPA interprets the compliance category scheme under 40 CFR Section 280.91 to be based upon legal ownership of the tanks. Therefore, under Section 280.91, subsidiaries holding titles to petroleum USTs are considered to be the owners and should determine their proper compliance date based upon the size of the subsidiary, number of tanks owned and nature of the subsidiary's business as provided in this provision. Unless the parent company holds legal title to the USTs, it would not be the "owner" of the subsidiary's tanks for purposes of determining the appropriate compliance date with the UST regulations under Section 280.91. Source: Stephanie Bergman (202) 382-4614 Research: Peter Neves B.SARA Title El 4. Release Notification: Transportation An owner or operator of a facility from which there is a transportation related release may meet the emergency release notification requirement by providing the information specified in 40 CFR Section 355.40(b)(2) to the 911 emergency operator, or in the absence of a 911 emergency operator, to the regular telephone operator. (40 CFR Section 355.40(b)(4)(ii)) What must a facility owner/operator do if the telephone operator typically has a different procedure for handling emergency calls, e.g., connecting the caller directly to the police or fire department? Must the facility owner/operator provide all of the required information to the telephone operator even if the telephone operator does not want to accept it? ------- 4. Release Notification: Transportation (cont'd.) The alternative emergency release reporting method for transportation related releases was designed for transportation operators who may not know the telephone numbers of the relevant State and local entities. (52 FR 13386) If a 911 emergency number is available, the owner/operator reporting the release should use it. If no 911 emergency number can be reached, the facility owner or operator must contact the telephone operator. The telephone operator may follow their own procedures for handling emergency calls. If their procedures are to take all of the caller's information, then it would be appropriate for transportation operators to supply them with the information required in 40 CFR Section 355.40(b)(2). If the 911 emergency operator's procedure requires connection of the caller to an emergency response agency, then the caller must report the release information to this agency. Source: Kathy Bishop/CEPPO (202) 382-7912 Research: Jon Roland 5. Chemical List Issues Ammonia is a reportable chemical under Sections 302, 304 and 313 of SARA. For Section 313 purposes, facility owners and operators must report any release of ammonia if a Form R is required to be submitted for ammonia. These releases could be in the form of anhydrous ammonia or dissociated ammonia from ammonia salts in water. Also, EPA has indicated that ammonium hydroxide is essentially a mixture of about 30% ammonia in water, and therefore would need to be considered as such for threshold and release determinations under Section 313. How are chemicals such as ammonium hydroxide, with a CAS number of 1336-21- 6, to be reported under Sections 302 and 304? The Section 302 list of chemicals corresponds to a specific list of chemicals and CAS numbers. This list (also known as the extremely hazardous substance or EHS list) provides a focus for emergency planning efforts. If a chemical mixture is assigned a number by CAS, then it would be reasonable to assume that different properties are associated with the release of the mixture than with the release of the constituents. For emergency planning and emergency release purposes, EPA is concerned with die immediate effects associated with a specific list of chemicals. If a chemical mixture in storage releases a reportable chemical then the released substance would need to be reported if it was identifiable as an EHS or CERCLA substance released ------- 5. Chemical List Issues (cont'd.) above its reportable quantity (RQ). Mixtures containing ammonia only need to be considered for ammonia releases if ammonia is one of the identified chemical substances contained within the mixture. Substances such as ammonium hydroxide would not be reportable as ammonia in water under Section 302 or 304 if the substance is identified as a pure chemical with a CAS number such as 1336-21-6, which is not on the list of EHS's. Section 313 release reporting is different than this in as much as it requires the reporting of all waste streams and releases which contain the reportable toxic chemical. For Section 313 purposes, a facility owner or operator must identify these releases even though the chemical released may be in a mixture which has a different CAS number than the reportable substance. Source: Bob Israel/OTS (202) 382-3716 Kathy Bishop/CEPPO (202) 382-7912 Research: Jim Buchert ------- II ACTIVITIES - SEPTEMBER 1989 1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-toKnow Hotline responded to 12.121 questions and requests for documents in September. The breakdown is as follows: RCRA Superfund UST CEEP Information Calls 4,477 943 612 3,333 = 9,365 Call Document Requests 2334 657 372 527 = 3,880 Written Document Requests 572 17 = 589 Referrals 1.013 394 • 1.407 Totals 8386 1600 984 4271 = 15,241 A. RCRA/Superfund Hotline Activities 2. On September 11,18, and 25, Joe Nixon, Senior Program Manager, attended the OSWER Communications Meetings. 3. On September 13, Joe Nixon, Senior Program Manager, briefed the USDA's Meat and Poultry Hotline on RCRA/Superfund Hotline operations. 4. On September 14, Denise Sines, Hotline Project Director gave EPA Region 9 Personnel a tour of the RCRA/Superfund Hotline. 5. On September 14, Sonya Stelmac, OSW, briefed the Hotline on the new Hazardous Waste Incinerator Guidance. 6. On September 18, Jace Cuje, Senior Hotline Information Specialist, attended the Science Advisory Board's Public Hearing on Municipal Incinerator Combustion Ash. 7. On September 15, Denise Sines, Hotline Project Director, met with Lynn Hansen, OSW, regarding the Hotline contract. 8. On September 27, Denise Sines, Hotline Project Director, signed the RCRA/Superfund Hotline contract extending service from October 1,1989 to September 30,1990. 9. On September 27, Michael Mastracci, ORD, and William Sproat, Technical Resources Inc., briefed the Hotline on the Alternative Treatment Technology Information Center (ATTIC). ------- B. Emergency Planning & Community Right-to-Know Information Hotline Activities 10. On September 6, Anita Bartera, of the Title m Hotline staff, met with Lee Ann duFief, OTS, and Laurie Solomon, CEPPO, on the status of the Title IH Hotline. 11. On September 6 and 13, the Title m Hotline staff attended the Title m Outreach Subcommittee meetings on the status of the Title m communications strategy. 12. On September 11-15, Jon Roland, of the Title m Hotline staff, participated in a Chemical Safety Audit with EPA Region 5 and Headquarters representatives. 13. On September 11-13, Ken Mitchell, of the Title m Hotline staff, attended the American Chemical Society's National Conference. 14. On September 12, Jim Buchert, of the Title m Hotline staff, attended the Title ID Workgroup meeting on the status of Title HI activities. 15. On September 13, Jim Buchert, of the Title m Hotline staff, attended the List Workgroup meeting on the development of an Agency- wide "List-of-Lists." 16. On September 20, Anita Bartera, of the Title m Hotline staff, met with Lee Ann duFief, OTS, and Laurie Solomon, CEPPO, on the status of the Title m Hotline. 17. On September 26, Jon Roland, of the Title m Hotline staff, attended the hearing before the Senate Environment and Public Works Committee on the status of the amendments to the Clean Air Act. 18. On September 27, Anita Bartera, of the Title m Hotline staff, met with Lee Ann duFief, OTS, on the status of the Title m Hotline. 19. On September 30, Tamara McNamara, of the Title m Hotline staff, attended the NRT meeting on the status of Federal preparedness and response activities. 20. On September 28, Anita Bartera, of the Title m Hotline staff, attended the outreach conference call on the status of the Title HI communications strategy. 8 ------- III. ANALYSES OF QUESTIONS—September 1989 RCRA/Superfund Hotline Grand Total = 7617 Summary of Calls by EPA Region Reqion 1 Region 2 Region 3 Region 4 Region 5 Region 6 6.4% 12.4% 19.2% 8.3% 18.6% 9.4% Region 7 Region 8 Region 9 Region 10 International Calls 4% 5% 12% 4% 0% Calls Manufacturers Generators Transporters TSDFs EPAHQ EPA Regions Federal Agencies State Agencies Local Agencies Used Oil Handlers USTO/0 RCRA General Information §3010 Notification §260.10 Definitions §260.22 Petitions/Delistinq §261.2 Solid Waste Definition §261.3 Hazardous Waste Definition §261 C Characteristic Haz. Waste §261 D Listed Haz. Waste §261.4 Exclusions §261.5 Small Quantity Generators §261.6 Recycling Standards §261.7 Container Residues §262 Generator-General §262 100-1000 kg/mo §262 Manifest Information §262 Accumulation §262 Recordkeeping & Reporting §262 International Shipments §263 Transporters 7.0% 14.6% 1 .3% 5.9% 0.5% 1 .7% 2.6% 3.1% 2.1% 1 .0% 6.0% 345 59 89 28 72 300 304 313 154 75 49 31 124 38 73 93 40 7 41 Consultants Attorneys Laboratories Univ ./Researchers Trade Associatons Insurance Co.'s Environmental Groups Press Citizens Other §266 C Use Constituting Disposal §266 D HW Burned for Energy Rec. §266 E Used Oil Burned for Energy Recovery §266F Precious Metal Reclamation §266G Spent Lead— Acid Battery Reclamation Subtitle D: Municipal Solid Waste Subtitle D: Other Asbestos/PCBs/Radon Corrective Action Dioxins Household Hazardous Waste Medical/Infectious Waste Liability/Enforcement Minimum Technology Mixed Radioactive Waste Used Oil Waste Minimization 28.0% 10.0% 2.5% 1 .4% 3.3% 0.2% 0.4% 0.6% 5.9% 3.2% 6 44 42 17 28 100 53 66 69 20 39 203 42 7 25 40 26 ------- RCRA-TSDF/264 and 265 A Scope/Applicability B General Facility Standards C Preparedness/Prevention D Contingency Plans E Manifest/Recordkeeping/Rptg. F Ground-Water Monitoring G Closure/Post Closure H Financial Requirements 1 Containers J Tanks K Surface Impoundments L Waste Piles M Land Treatment N Landfills Liguids in Landfills O Incinerators P Thermal Treatment Q Chem., Phys., Biol Treatment Underground Storage Tanks General §280.10 Applicability §280.11 Interm Prohibition §280.12 Definitions - General LIST Regulated Substance §280 B New UST Systems • General §280.20 Performance Stds. 5280.21 Upgrading 5280.22 Notification §280 C General Operating Reg. §280 D Release Detection 114 39 19 29 20 52 51 28 28 93 24 0 9 25 10 34 1 5 131 83 8 19 46 29 8 15 29 17 10 44 R Underground Injection X Miscellaneous §268 General §268 Solvent & Dioxins §268 California List Wastes §268 Schedled Thirds §269 Air Emissions Standards §270 A General §270 B Permit Application §270 D Changes to Permits §270 F Special Permits §270 G Interim Status/LOIS §271 State Programs §124 Administrative Procedures DOT Reguirements OSHA Reguirements/HW Training Test Methods/HW Technologies RCRA Document Reguests SUBTOTAL TOTAL §280 F Corrective Action Petroleum §280 G Corrective Action Hazardous Substances §280 H Out-of-Service/Closure §280 I Financial Responsibility §281 State UST Programs Liability Enforcement LUST Trust Fund Other Provisions UST Document Reguests UST SUBTOTAL 7 1 1 220 73 71 174 18 57 27 27 8 21 45 5 23 56 132 2,324 4,477 6,801 22 3 50 42 18 1 7 6 7 2 372 612 10 ------- CERCLA 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 General Grants Hazardous Substances Health/Toxics MRS Liability Mandatory Schedules Natural Resource Damages NBARs NCP Notification NPL Written Request Responses Referred to EPA Program Offices Referred to other Federal Agencies Referred externally (state. organizations, etc.) Response Form Sent Response Form Sent/FOIA Form Letter Sent/Need More Info. Requests Filled - RCRA - CERCLA -UST SUBTOTAL 35 3 3 34 54 18 7 6 9 10 0 5 6 9 9 19 7 11 67 0 60 16 13 35 0 3 2 15 43 81 0 75 10 67 0 0 0 275 35 10 572 Off-Site Policy On-Site Policy OSHA PA/SI PRPs Public Participation Radon RCRA Interface RD/RA Remedial Removal Response RI/FS ROD ro SARA Interface Settlements SITE Program State Participation State Program Taxes Title lll/Right-to-Know CERCLA Document Requests CERCLA SUBTOTOAL Referrals Referrals - EPA HQ Other Hotlines Regions State GPO/NTIS/PIC ORD/Dockets Other SUBTOTAL 12 2 4 5 8 7 1 1 1 0 17 15 1 1 22 10 101 1 1 21 16 7 62 3 17 657 943 31 116 148 164 186 311 75 1 ,013 TOTAL CALLS, DOCUMENT REQUESTS and REFERRALS 6,062 11 ------- Emergency Planning Community Right-to-Know Information Hotline Dally/Monthly Summary Report—September 1989 Total Calls: 3333 Distribution of Calls by EPA Regions Region 1 Region 2 Region 3 Region 4 Region 5 International Manufacturers 20 Food 21 Tobacco 22 Textiles 23 Apparel 24 Lumber & Wood 25 Furniture 26 Paper 27 Printing & Publishing 28 Chemicals 29 Petroleum & Coal 30 Rubber and Plastics 31 Leather 32 Stone, Clay & Glass 33 Primary Metals 34 Fabricated Metals 35 Machinery (Excluding Electrical 36 Electrical & Electronic Equipmer 37 Transportation Equipment 38 Instruments 39 Misc. Manufacturing Not Able to Determine (Total Mfg. (%) (Title III General §301-3 Emergency Planning SERCs Notification TPQs Mixtures Extremely Hazardous Substances 7.1% 11.1% 19.6% 12.9% 20.5% 0.4% 1 .80% 0.03% 1 .20% 0.10% 0.70% 0.70% 1 .30% 1 .50% 11.10% 1.50% 2.50% 0.06% 1.10% 1 .90% 1.50% 1 .50% 3.70% 2.40% 0.80% 1 .30% 0.90% 36.87%| 370 75 38 15 34 2 52 Total Document Requests: Total Written Requests: Region 6 Region 7 Region 8 Region 9 Region 10 Unknown Distributors Handlers 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 Total (%) Delisting EHS Exemptions (Total (%) 527 17 7.3% 4.8% 2.9% 9.5% 2.5% 1.1% 2.30% 3.40% 8.30% 16.80% 1.20% 1.30% 1.00% 2.50% 0.40% 1.00% 3.60% 1.20% 2.60% 2.00% 0.90% 0.20% 1.70% 0.90% 0.00% 6.50% 0.00% 1.40% 14.30%l 7 7 8.90%l 12 ------- §311/5312 General MSDS Reporting Reguirements Tier I/I I Regulations Thresholds OSHA Expansion Hazard Categories Mixtures Exemptions (Total (%) §313 General Form R Thresholds Phase II Phase III Workshop ^Training) Petitions Health Effects Database Mass Balance Study (Total (%) Referrals 06HA Preparedness Staff OTS Staff RCRA/Superfund Hotline Regional EPA TSCA Hotline Other Total Referrals 216 82 76 392 7 1 17 38 32.10%l 371 104 64 88 2 0 50 9 57 0 28.80%| 60 1 31 88 21 28 165 394 (Total Document Requests: 527! Training: General §305 Training Grants §305 Emergency Systems Review §126 (SARA) Training Regulations (Total (%) CEPP: Interim Guide Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title III Workshops Information Management Prevention ARIP Other (Total (%) Trade Secrets (Total (%) Enforcement (Total (%) Liability (Total (%) Release Notification General Notification Reguirements Reportable Quantities RQSVS.TPQS CERCLA vs. §304 Transportation Exemptions (Total (%) 1 1 4 3 15 1.30%| 3 13 6 16 24 1 1 2 64 5.00%| 8 0.03%l 26 0.1 0%| 4 0.20%| 91 38 56 7 35 9 20 9.90%| 13 ------- IV. Publications - September 1989 RCRA The following documents are available through the RCRA/Superfund Hotline: "The Report to Congress on Discharge of Hazardous Waste to POTW's" (February 1986). The order number is EPA/530-SW-86-004. "Environmental Fact Sheet Proposed Rule to Identify the Status of Twenty Mineral Processing Wastes Within the Bevill Amendment" The order number is EPA/530-SW-89-070. "Managing and Tracking Medical Wastes: A Guide to the Federal Program for Treatment, Destruction, and Disposal Facilities." The order number is EPA/530-SW-89-023. "Managing and Tracking Medical Wastes: A Guide to the Federal Program for Transporters." The order number is EPA/530-SW-89-022. "Medical Waste Questions and Answers." "Pollution Prevention News." "Pollution Prevention Information Clearinghouse." (brochure) "Electronic Information Exchange System." (brochure) "Waste Minimization Opportunity Assessment Manual." "Tank Releases Under Control - A Compendium of Current Practices for State UST Inspectors." The order number 83. The following publications are available from the National Technical Information Service (703) 487-4650: "Underground Motor Fuels Storage Tanks: A National Survey," a two- volume set. The order number is PB86-216-512. 14 ------- RCRA (cont'd) "BDAT Background Documents for the Second Third Wastes." The order number is PB89-221-402. "Guide on Air Quality Models." The order number is PB86-245-248. "Summary of Data on Municipal Solid Waste Landfill Leachate Characteristics (July 1988). The order number is PB88-242-441. "ROD Annual Report: FY1988" (June 1989). The order number is PB-89-235-212/AS. "RCRA Inspection Manual." The order number is PB89-208-169/AS. The following documents are available through the Office of Research and Development (ORD) at (513) 569-7562: "Ground-Water Monitoring: Quality Assurance for RCRA." The order number is EPA/600/X-87/035. "Guidance on Setting Permit Conditions and Reporting Trial Burn Results; Volume n of the Hazardous Waste Incinerator Guidance Series." The order number is EPA/625/6-89/019. "Guidance on Administrative Record for RCRA 3008(h) Actions." The following documents are available from the indicated sources: "Strength in Numbers: Manual for Recycling in Multifamily Housing" is available by writing to: Association of New Jersey Environmental Commissions (ANJEC) 300 Mendham Road, P.O. Box 157 Mendham, NJ 07945 15 ------- RCRA (cont'd) "Sludge Recycling for Agricultural Use," Order Number 256N, is available by writing: The Information Resource Center 1200 Chambers Road, Room 301 Columbus, OH 43212 "Land Disposal Restrictions, Summary of Requirements" (June 1989) is available through the EPA Regional Offices. "Development of Procedures to Assess the Performance of External Leak Detection Devices: An Executive Summary," is available by calling the OUST Docket at (202) 475-9720. "Hazardous Waste Tanks Systems Inspection Manual" is available by submitting a Freedom of Information Act request. It is OSWER Directive Number 9938.4. CERCLA The following documents are available through the RCRA/Superfund Hotline: "Overview of RCRA Land Disposal Restrictions" OSWER Directive Number 93473 - 01FS. "Advancing the Use of Treatment Technologies for Superfund Remedies" (February 1989) OSWER Directive Number 9355.0-26. "Field Test of the Proposed Revised Hazard Ranking System (HRS)," (August 1989). "Hazard Ranking System for Uncontrolled Hazardous Substances Releases; Field Test Report." 16 ------- CERCLA (cont'd) The following publications are available from the indicated sources: "National Functional Guidelines for Data Review" is available through EPA's Sample Management Office at (703) 684-5678. "Report to Congress on Indoor Air Quality" is available through Senator Lautenberg's Office at (202) 224-7069. "Understanding Superfund," also referred to as the "Rand Report", is available through the Rand Corporation at (202) 246-5000. The prepaid cost is $7.50. "The National Priorities List (NPL)" is available on disk by writing to: Henry Stevens US EPA (OS-230) 401 M Street, S.W. Washington, D.C 20460 "Ecological Assessments of Hazardous Waste Sites: A Field and Laboratory Reference Document" is available from the National Technical Information Service at (703) 487-4650. The Order Number is PB89-205-967. The following documents are available through the Office of Research and Development (ORD) at (513) 569-7562: "Technical Evaluation Report, SITE Program Demonstration Test, Terra Vac In-Situ Vacuum Extraction Groveland, Ma." The Order Number is EPA/540/5-84-003A. "Superfund Emergency Response Actions: A Summary of Federally - Funded Removals - Volume 3", June 1989. The Order Number is EPA/540/8-89/005. "Risk Assessment Guidance for Superfund: Volume II, Environmental Manual." The Order Number is EPA/540/1-9/001. 17 ------- CERCLA (cont'd) "Superfund Community Relations Program: A Guide to Effective Presentations with Visual Aids." The Order Number is EPA/540/G-89/001. "Procedures for Completion and Deletion of National Priorities List Sites," OSWER Directive Number 9320.2-3A. The Order Number is EPA/540/G- 89/002. "Exposure Factors Handbook." The Order Number is EPA/600/8-89/043. 18 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 V. FEDERAL REGISTER NOTICES - SEPTEMBER 1989 Former Notices With Open Comment Period June 12,1989 (54 FR 25056) (notice) July 14,1989 (54 TO 29820) (proposed rule) This notice provides the Draft Guidance to Hazardous Waste Generators on the Elements of a Waste Minimization Program. Comments on this draft will be accepted until September 11,1989. EPA proposes to add 52 Federal facility sites to the National Priorities List in the ninth update. Comments must be submitted by September 12,1989. July 19,1989 (54 FR 30228) (proposed rule) July 20,1989 (54 FR 30406) (proposed rule) July 26,1989 (54 FR 31144) (proposed rule) July 31,1989 (54 FR 31548) (proposed rule) EPA is requesting comments on the use, applicability, operation, reliability, impacts and costs of leakless valve technologies at treatment, storage, and disposal facilities. Comments will be accepted until September 18,1989. EPA proposes to grant a petition submitted by USX Corporation to conditionally exclude certain solid wastes generated at Southworks Plant, Gary Works Facility from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until September 5,1989. The Department of Transportation (DOT) proposes additional training requirements for transporters of hazardous materials. Comments will be accepted until November 24,1989. EPAproposestodenyapetitionsubmitted by Bethlehem Steel Corporation to exclude certain solid wastes from the lists of hazardous wastes contained in 40 CFR Sections 26131 and 261.32. Comments will be accepted until September 14,1989. 19 ------- RCRA/Superfund Hotline National ToIlFree # 800/424-9346, Washington DC Metro # 202/382-3000 August 2,1989 (54 FR 31883) (notice of proposed settlement) August 4,1989 (54 FR 32320) (proposed) August 7,1989 (54 FR 32397) (notice) August 9,1989 (54 FR 32662) (proposed rule) August 9,1989 (54 FR 32671) (extension of comment period) August 1071989 (54 FR 32855) Under Section 122(g) of CERCLA, EPA has agreed to settle claims for response costs at the City Industries Site, Winter Park, Florida, with the Agricultural Research Service, U.S. Department of Agriculture. Comments on the proposed settlement will be considered until September 1,1989. EPA is proposing to modify the scope of the F019 listing by excluding wastewater, treatment sludges from the zirconium phosphating step when this phosphating is an exclusive process in the aluminum can washing process. EPAis also proposing toremove these zirconium phosphatingwastewatertreatmentsludges from Section 302.4 Comments on this proposal will be accepted until September 5,1989. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Browning-Ferris Industries Chemical Services. Inc.. in connection with the Bayou Sorrel Superfund Site in Iberville Parish, Louisiana. Comments will be accepted until September 6, 1989. EPA is proposing to deny a petition to exclude certain solid wastes, generated at Lake City Ammunitions Plant, from the lists of hazardous wastes contained in 40 CFR Sections 261.31 and 261.32. Comments will be accepted until September 25,1989. EPA is extending the comment period on the Supplemental Notice to the Notice of Proposed Rule- Making (NPRM) that defined the scope of the exemption from reporting and liability for "Federally permitted" releases under CERCLA. Comments will be accepted until September 10,1989. This is a notice of the lodging of a proposed consent decree arising from a civil action filed by Wheeling Pittsburgh Steel Corporation, challenging an EPA order issued pursuant to Section 3008(a) of RCRA. Comments will be accepted until September 9,1989. 20 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 August 11,1989 (54 FR 32973) (final rule) August 15,1989 (54 FR 33607) (notice) August 16,1989 (54 FR 33846) (Proposed rule) August 17,1989 (54 FR 33941) (notice) August 21,1989 (54 FR 34550) (notice) August 21,1989 (54 FR 34621) (notice) August 21,1989 (54 FR 34622) (notice) The Territory of Guam has received a final authorization for their hazardous waste program revision. Approval shall become effective in 60 days (October 10, 1989) unless an adverse comment is received. Comments will be received until September 10,1989. This notice announces a meeting of the Science Advisory Board's Municipal Waste Combustion Ash Subcommittee on September 18-19,1989. Comments will be accepted until September 11,1989. EPA is proposing an update to the NPL. The update proposes to add two sites, on the basis of 40 CFR Section 300.66(b)(4). Comments must be submitted by September 15,1989. This notice announces new data and requests comments on the listing of wastes from the manufacture of 1,1-dimethylhydrazine (UDMH). Comments will be accepted until September 18,1989. EPA is announcing the transfer of data collected under Section 3007of RCRA to its contractors who are assisting in thedevelopmentoftreatmentstandards for hazardous wastes subject to the land disposal restriction rules. Comments are being accepted. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. French Limited. Inc.. et al.. concerning a facility near Crosby, Texas known as the French Limited Site. Comments will be accepted until September 20,1989. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Gulf States Utilities Company concerning the Sol Lynn/Industrial Transformer site in Houston, Texas. Comments will be accepted until September 20,1989. 21 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 August 21,1989 (54 FR 34623) (notice) August 23,1989 (54 FR 34988) (immediate final rule) August 25,1989 (54 FR 35406) (notice) August 30,1989 (54 FR 35924) (notice) August 30,1989 (54 FR 35988) (proposed rule) August 31,1989 (54 FR 36062) (notice) August 31,1989 (54 £R 36063) (notices) This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Southern Pacific Transportation Company concerning the Atlas Mine Superfund site and the Johns-Manville Coalings Mill Superfund site. Comments will be accepted until September 20,1989. EPA is codifying revisions to the Indiana Authorized States Program in Part 272 that were approved in the January 5.1988 Federal Register (53 FR 128). Comments will be accepted until September 22,1989. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Champion International Corporation concerning the Champion Lumber Mill Site in Libby, Montana. Comments will be accepted until September 24,1989. This notice announces a proposed settlement under Section 122(h) of CERCLA at Battlefield Parkway site, Georgia. EPA will consider public comments until September 29,1989. EPA is proposing to adjust RQs for 232 extremely hazardous substances (EHS) proposed for designation as hazardous substances under CERCLA. Comments will be accepted until October 30,1989. This notice announces the lodging of a proposed consent decree pursuant to CERCLA in U.S. v. Amoco Chemical Company, et al.. concerning the Brio Refining site near Houston, Texas. Comments will be accepted until September 29,1989. The two notices announce the lodging of proposed consent decrees pursuant to CERCLA in U.S. v. The Craig Wrecking Corporation for violations of the Clean Air Act relating to violations of regulations governing the removal of asbestos material. The Department of Justice will receive comments relating to these proposed consent decrees until September 29,1989. 22 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 September Federal Registers September 1,1989 (54 FR 36387) (notice) September 1,1989 (54 FR 36592) (final rule) September 5,1989 (54 FR 36859) (notice) September 5,1989 (54 FR 36914) (notice) September 5,1989 (54 FR 36914) (notice) September 6,1989 (54 FR 36967) (final rule, correction) September 6,1989 (54 FR 36972) (notice) September 8,1989 (54 FR 37333) (final rule) This notice announces a proposed settlement pursuant to Section 122(h) of CERCLA for past response costs at Woody's Tire Fire site in Gastonia, NC. Comments will be accepted until October 1,1989. EPA is finalizing criteria by which mineral processing wastes can be evaluated for continued exclusion. This rule finalizes the status of nine mineral processing wastes and conditionally retains 20 others within the exclusion, pending collection and evaluation of additional toxicity data. This notice announces a proposed settlement pursuant to Section 122(g) of CERCLA for past response costs at I. Jones Recycling, Clinton Street Facility in Fort Wayne, IN. Comments will be accepted until October 5,1989. This notice announces the lodging of a consent decree pursuant to CERCLA in U.S. v. Bourdeauhui. Comments will be accepted until October 5,1989. This notice announces the lodging of a consent decree pursuant to RCRA in U.S. v. City of Durant and State of Oklahoma. Comments will be accepted until October 5, 1989. This notice corrects errors and clarifies the language in the preamble and regulations of the August 17,1988 (53 FR 31138) final rule, and makes several corrections required by the May 2,1989 (54 FR 18836) rule. This notice announces a continuation of the hearing to determine whether to withdraw hazardous waste program approval for North Carolina. These proceedings will continue beginning September 18,1989. EPA is denying a petition submitted by Rock Island Refining Corporation (Rock Island), Indianapolis, DM, to exclude its filterpress cake generated from the treatment ofK049,K050andK051. 23 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 September 8,1989 (54 FR 37388) September 11,1989 (54 FR 37501) (notice) September 11,1989 (54 FR 37503) (notice) September 11,1989 (54 FR 37618) (notice) September 12,1989 (54 FR 37649) (final rule) September 13,1989 (54 FR 37817) (notice) September 13,1989 (54 FR 37892) (proposed rule) This notice announces the lodging of a consent order pursuant to CERCLA in U.S. v. Acton Corporation. Comments will be accepted until October 8,1989. EPA announces the availability of an interim final guidance document entitled "Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities." Comments will be accepted until December 8,1989. EPA hereby gives notice, pursuant to the requirements of Section 122(i)(l) of CERCLA,of a proposed settlement under Section 122(h) concerning the Republic Hose Site, Youngstown, Ohio. Comments will be accepted until October 11,1989. This notice announces the Decision Guide for Identifying Substance - Specific Data Needs Related to Toxicological Profiles. Section 104(i)(2) of CERCLA as amended by SARA requires that ATSDR prepare a research program to fill data gaps; ATSDR has developed a Decision Guide as the first step in preparing a research program. Comments will be accepted until October 26,1989. EPA is codifying the Illinois authorized State program in Part 272. Comments will be accepted until October 12, 1989. EPA announces its tentative determination that Rhode Island's hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization under RCRA. Comments will be accepted until October 13,1989. EPA is proposing regulations to establish procedures for fUing,evaluating,and resolving claims for costs incurred for responding to releases of hazardous substances asserted against the Hazardous Substance Superfund (the "fund") established under CERCLA. Comments will be accepted until November 13,1989. 24 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 September 14,1989 (54 FR 37949) (notice) September 18,1989 (54 FR 38460) (notice) September 19,1989 (54 FR 38519) (final rule) September 19,1989 (54 FR 38531) (proposed rule) September 20,1989 (54 FR 38788) (correction) September 21,1989 (54 FR 38912) (notice) September 22,1989 (54 FR 38993) (final rule) September 22,1989 (54 FR 38994) (notice) EPA is announcing the availability of the report on the field test to examine HRS model results to actual field data, to test the feasibility of implementing the proposed factors, to determine resources needed, and to assess the availability of information needed for the evaluation of sites. Comments will be accepted until October 16,1989. This notice announces the loding of a consent decree pursuant to Section 107(a) of CERCLA in U.S. v. Alchemtron Inc. et al. Comments will be accepted until October 18,1989. EPA is granting a final exclusion from the lists of hazardous wastes contained in 40 CFR Section 261.31 and 261.32 for specified waste generated by Occidental Chemical Corporation, Sheffield, AL. EPA is proposing to grant a petition submitted by Occidental Chemical Corporation, Mobile, AL, toexdude certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR Section 261.31 and 261.32. Comments will be accepted until November 3,1989. This notice announces corrections to the December 21, 1988 FR (53 FR 51273) regarding the Financial Responsibility Requirements for Petroleum Underground Storage Tanks and State Program Approval. This notice announces a proposed consent decree pursuanttoRCRAinU.S.v.W.T.Smith Wood Preserving Company. Comments will be accepted until October 21, 1989. This notice announces a decision to approve North Carolina's hazardous waste program revisions. Comments will be accepted until October 23,1989. This notice announces the deletion of the Cecil Lindsey Superfund site in Newport, Arkansas, from the National Priorities List (NPL). 25 ------- RCRA/Superfund Hotline National TollFree # 800/424-9346, Washington DC Metro # 202/382-3000 September 22,1989 (54 FR 39009) (notice) September 22,1989 (54 FR 39011) (notice) September 22,1989 (54 FR 39013) (notice) September 22,1989 (54 FR 39015) (notice) September 22,1989 (54 FR 39016) (notice) September 25,1989 (54 FR 39298) (proposed rule) September 26,1989 (54 FR 39359) (correction to final rule) This notice announces EPA's intent to delete the International Minerals and Chemical Corp. (Terre Haute East Plant) site (IMC), from the National Priorities List (NPL). Comments will be accepted until October 23, 1989. This notice announces EPA's intent to delete the Petersen Sand and Gravel site from the National Priorities List (NPL). Comments will be accepted until October 23, 1989. Thisnotice announces the Department of Interior's intent to revise the type A natural resource damage assessment procedure for coastal and marine environments to conform with recent court decisions. The natural resource damage assessments were developed pursuant to CERCLA. Thisnotice announces the Department of Interior's intent to revise the type A natural resource damage assessment procedure for Great Lakes environments. The natural resource damage assessments were developed pursuant to CERCLA. Thisnotice announces the Department of Interior's intent to revise the type B natural resource damage assessment regulations to comply with recent court decisions. The natural resource damage assessments were developed pursuant to CERCLA. EPA is proposing to permanently remove seven of the 20 conditionally retained mineral processing wastes from the Bevill exclusion. This notice also contains a proposal to modify the RCRA Subtitle C definition of "designated facility." Comments will be accepted until November 9, 1989. EPAiscorrectingafinalrulegrantingadelistingpetition which appeared in the Federal Register on May 22,1989 (54FR21941). Thisnotice corrects the conditional testing limits for leachable cyanide. 26 ------- RCRA/Superfund Hotline National TollFree * 800/424-9346, Washington DC Metro # 202/382-3000 September 29,1989 (54 FR 40239) EPA is correcting a final exclusion appearing August 1, (correction to final exclusion) 1989, Federal Register (54 FR 31675). September 29,1989 (54 FR 40260) EPAisadopting47testingmethodsasapprovedmethods (final rule) for use in meeting the regulatory requirements under Subtitle C of RCRA. These new methods are found in the Third Edition of 'Test Methods for Evaluating Solid Waste,Physical/Chemical Methods", (OSW publication SW-846) and in Update I of that Third Edition. Effective date is October 30,1989. 27 ------- List of Addressees: Kate Anderson, OS-520 Devereaux Barnes, OS-330 Beth Behrens, EPA-NEIC JimBerlow,O5-322 Frank Biros, OS-500 John Bosky, EPA-Kansas City Susan Bromm, OS-500 Karen Brown, PM-220 Karen Burgin, OS-100 Edmond J. Burks, Region 4 Diane Buxbaum, Region 2 Jayne Carlin, Region 10 Fred Chanania, LE-132S Carlton Chase, PM-214F Richard Qarizio, Region 5 Don R. Clay, OS-100 Steve Cochran, OS-332 Kathy Collier, RTF, NC Elizabeth Cotsworth, OS-343 Rhonda Craig, OS-333 Hans Crump, OS-210 Cordon Davidson, OS-500 Elaine Davies, OS-100 Truett DeGeare, OS-301 Bob Dellinger, OS-332 Jeffery Denit, OS-300 Lee DuFief, TS-779 Dave Eberly, OS-343 Karen Ellenberger, OS-420 Terry Feldman, A-108 Tim Fields, OS-210 Lisa Friedman, LE-132S John Gilbert, EPA-Cin., OH Al Goodman, EPA-Portland, OR Lloyd Guerci, OS-500 Matt Hale, OS-340 Lynn Hansen, OS-305 Penny Hansen, OS-230 Bill Hanson, OS-220 Cheryl Hawkins, OS-200 Susan Hazen, TS-779 Irene Homer, WH-595 Barbara Hostage, OS-210 Hotline Staff Bob Israel, TS-779 Phil Jalbert, OS-240 AlvinK.Joe,Jr.,GRC Gary Jonesi, LE-134S Jim Jowett, OS-210 Thadjuzczak, OS-100 Julie Maas,OS-510 William Mine, OS-322 Bob Kievit, EPA-Olympia, WA Robert Knox,OS-130 Mike Kosakowski, OS-510 Walter Kovalick, OS-200 Tapio Kuusinen, PM-223 Steve Leifer,LE-134S Steve Levy, OS-301 Henry Longest, OS-200 Sylvia Lowrance, OS-300 Tom Lueders, Region V, 5HS-26 James Makris, OS-120 Joseph Martone, A-104 Chet McLaughlin, Region 7 Scott McPhilamy, Region 3 Royal Nadeau, Region 2 Mike Petruska, OS-332 Lawrence Pratt, ANR-464 Steve Provant, EPA-Boise, ID Barbara Ramsey, A-104 CarlReeverts,WH-550E John Riley, OS-210 Suzanne Rudzinski, OS-342 DaleRuhter,OS-320 Debbie Rutherford, OS-400 William Sanjour, OS-332 PamSbar,LE-134S Mike Shannon, OS-310 Mike Shapiro, ANR-445 Laurie Solomon, OS-210 Elaine Stanley, OS-500 JackStanton,A-101 Jim Thompson, OS-520 Steve Torok, EPA-Juneau, AK Betty VanEpps, OS-240 L. C. Waldo, DOE (DP-122) Hubert Watters, OS-210 Bruce Weddle, OS-301 Steve Willhelm, Region 7 Howard Wilson, PM-273 Alex Wolfe, OS-342 Wanda Woodburn, TS-799-EB55 Dan Yunnan, OS-100 Tish Zimmerman, OS-220 Hazardous Waste Division Directors, Regions I-X Hazardous Waste Management Branch Chiefs, Regions I-X Regional Counsel, Regions I-X Regional Libraries, Regions I-X 28 ------- |