EPA530-R-96-001 SUB-9224-96-001 MONTHLY HOTLINE REPORT January 1996 RCRA/UST, Superfund, and EPCRA Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 3 New Publications Resource Conservation and Recovery Act (RCRA) 5 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 8 Emergency Planning and Community Right-to-Know (EPCRA) 8 Federal Registers Final Rules . 11 Proposed Rules 12 Notices... . 13 Call Analyses Caller Profiles < 17 Hotline Topics ^ 19 RCRA/UST, Superfund, and.EPCRA National Toil-Free No.: 800-424-9346 Local: 703-412-9810 TDD National Toll-Free No.: 800-553-7672 This report is prepared and submitted in support of Contract No. 68-WO-0039. EPA Project Officer: Carie Van Hook Jasperse U.S. Environmental Protection Agency Washington, DC 20460 ------- MONTHLY HOTLINE REPORT AVAILABILITY ELECTRONIC AVAILABILITY The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board at (301) 589-8366. The complete text of the 1993, 1994, and 1995 Monthly Hotline Reports may be accessed via the Internet using a gopher. From the EPA Core Server at gopher.epa.gov, follow this pathway: EPA Offices & Regions --> Office of Solid Waste & Emergency Response --> OSW (RCRA) --> RCRA: General --> RCRA/UST, Superfund & EPCRA Hotline Reports. The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. • To subscribe to the Hotline electronic mailing list send an e-mail to: Listserveit2)unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINE.OSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224 January 1996 SUB-9224-96-001 EPA and state personnel can order the Monthly Hotline Report from the RCRA Docket at (703) 603-9230. The order number for the 1996 yearly subscription is EPA530-R-96-001. ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OP F ICE OF SOLIO WASTE AND EMERGENCY RESPONSE MEMORANDUM MAR 2 2 1996 SUBJECT Revisions to Monthly Hotline Report FROM. C took, Office of Solid Waste TO Monthly Hotline Report Recipients Thank you to all of you who took the time to respond to our recent survey on the Monthly Hotline Report. We received 60 responses to our survey, providing us with many good suggestions for improving the Report. Based on the feedback we received, we are making the following changes beginning with the January 1996 Report. Questions & Answers section: The survey results indicated that the Q & As are the most useful part of the Report. In addition to the highly technical Q & As in the Report, we will develop Q & As based on frequently asked questions to increase the number of Q & As in the Report Federal Register section. We are continuing to provide summaries of final and proposed rules published in the Federal Register. For notices of state authorization and consent decrees/settlements we will not provide a summary, but will include a listing of the title and citation. Call Analysis section: We have streamlined this section, and will only include statistics on who calls the Hotline (caller profile) and what they are calling about (hotline topics). Timely Distribution: Because the Q & As require extensive EPA review, there is sometimes a delay in finalizing the Report. For subscribers who receive the Report electronically via the Hotline listserver, we will distribute the Federal Register and New Publications sections as soon as they are finalized and send out the Q & As later on when they are completed. Information on-Internet Access: We have included in the Federal Register and Publications sections information on how to access these documents on the Internet. Listserver Service: For subscribers to the electronic listserver, in addition to the Monthly Hotline Report, we will continue to distribute information on all significant RCRA/UST, Superfiwd, and EPCRA rulemakings, as well as other "hot topic" information. Prwtrxi en Recvcled Pawr ------- I hope that the revised Monthly Hotline Report continues to be a useful tool for you. If you have any comments or questions, please feel free to contact meat 703-308-7891 or at Vanhook Carie@epamail epa gov Thanks. ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Frequently Asked Questions on Composting Does composting constitute source reduction or recycling in EPA's hierarchy of solid waste management? Composting organic wastes after they are transported to a centralized municipal composting facility is a waste management activity characteristic of recycling. Composting organic waste at the point of generation such as in the yard of a home is a form of source reduction, since no formal waste management activity occurs (Characterization of Municipal Solid Waste in the United States. 1994 Update. November, 1994). Must a centralized municipal solid waste composting facility obtain a permit before the facility may begin composting operations? Although the federal regulations do not specifically address composting facilities, many individual state or county agencies have established permitting procedures to operate centralized solid waste composting facilities. States may require facilities to submit the following information: details of facility design, operating plans, description of incoming materials, monitoring plans, potential environmental releases, and potential markets for final compost product (Decision- Makers' Guide to Solid Waste Management- Volume II. August 1995). What markets are available for compost product material? Many markets are available for composted material including the agricultural industry, the landscape industry, the nursery industry, public agencies, and residential property owners. New research and field work has also begun to open markets for tailored compost material in the commercial bioremediation industry to clean up contaminants in soil, water, and air. The quality of compost products and the demand for compost products will vary according to regional land and climate characteristics. As such, a centralized municipal compost facility should identify potential markets early and cater to those markets needs. For more information about compost markets refer to Markets for Compost (November 1993). What percentage of yard trimmings are recycled in centralized municipal compost piles? EPA has estimated that 32.8 million tons of yard trimmings were generated in 1993. Approximately 19.8 percent (or 6.5 million tons) of the 1993 quantity of yard trimmings were managed in centralized municipal compost facilities (Characterization of Municipal Solid Waste in the United States. 1994 Update. November, 1994). Many yard trimmings are also managed in backyard compost heaps. Since 1988, private and public compost facilities have increased from about 700 to 3,100 in 1994. ------- Questions and Answers 2. Contractors &s Procuring Agencies RCRA §6002 applies to procuring agencies that purchase $10,000 or more of a designated item during the current fiscal year, or who purchased $10,000 or more of a designated item or functionally equivalent items during the preceding fiscal year. A procuring agency is defined as "...any federal agency, or any state agency, or agency of a political subdivision of a state which is using appropriated federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract (§1004(17))." If a federal agency is subject to §6002, will contractors with that federal agency automatically be subject to §6002? No. Federal contractors with procuring agencies subject to §6002 are not automatically subject to the requirements of §6002. These contractors must buy an EPA-designated item with recycled content subject to certain condi- tions (e.g., availability, conformance with applicable performance standards) if they purchase $10,000 or more of the item during the current year or purchased $10,000 worth of the item in the preceding fiscal year, for use under the agency contract For example, a federal contractor that purchases $10,000 of office paper products during the current fiscal year for use on the federal contract would need to purchase recycled content paper. Thus, the contractor would need to ensure the paper purchased for the federal contract contained the highest amount of postconsumer recovered material practicable. 3. Conversion of Permitted or Interim Status Units to Generator Accumulation Units A treatment, storage, or disposal facility (TSDF) stores hazardous waste in permitted January 1996 storage units The owner or operator wishes to convert some of the permitted storage units into generator 90-day accumulation units used to manage wastes that are generated on site. What requirements must the owner or operator comply with before a permitted unit may operate as a generator 90-day accumulation unit? Generally, an owner or operator removing a unit from the jurisdiction of a RCRA permit must first close the unit in accordance with all of the applicable closure provisions for permitted units. In this case, since the converted units will continue to store hazardous waste, conversion will not trigger closure requirements because the unit will not have received its final volume of hazardous waste (40 CFR Part 264.113(a)). Once the unit receives waste for the last time, the owner or operator must comply with the more stringent permitted closure provisions in 40 CFR Part 264 (Subpart G and the unit specific closure provisions), rather than the closure provisions for generator accumulation units referenced in §262.34(a). In addition, the owner or operator must maintain financial assurance pursuant to Part 264, Subpart H, until closure of the unit is complete (57 EE 37254; August 18, 1992). To indicate that hazardous waste management activities in the converted unit are no longer covered by the facility's permit, the facility must submit the appropriate permit modification. Owners or operators converting interim status units to 90-day accumulation units also need not begin final closure until after the final receipt of hazardous waste (40 CFR Part 265.113(a)). Upon final closure, the owner or operator must comply with the interim status closure provisions in Part 265 (Subpart G and the unit specific closure provisions). As with permitted TSDFs, the owner or operator of interim status facilities must maintain financial ------- January 1996 Questions and Answers assurance pursuant to Part 264, Subpart H, until final closure is completed. 4. Corrective Action Beyond Interim Status Facility Boundary RCRA §3004(v) requires owners!operators of permitted hazardous waste treatment, storage, and disposal facilities (TSDFs) to perform corrective action for any contamination that has migrated beyond the facility boundary. What authorities can EPA use to order corrective action for releases which have migrated beyond the boundary of an interim status facility? EPA can invoke §3008(h) or §7003 authority to address releases that have migrated beyond an interim status facility boundary. Pursuant to §3008(h), EPA can order corrective action or bring suit for the "release of hazardous waste into the environment" from a facility that is interim status, should have had interim status, or formerly had interim status. This includes authority for releases which have migrated beyond the facility boundary. Although §3008(h) does not explicitly state that EPA can order corrective action beyond an interim status facility boundary, EPA interprets the §3008(h) statutory authority to be at least as broad as the permitted facility corrective action authorities in §§3004(u) and (v) (50 FR 28716; July 15,1985). Thus, because §3004(v) explicitly provides authority for corrective action beyond a permitted facility boundary, §3008(h) provides parallel authority for releases beyond an interim status boundary. Section 7003 gives EPA the power to order corrective action or bring suit to abate imminent and substantial endangerment caused by the past or present handling, storage, treatment, transport, or disposal of any solid or hazardous waste. This broad and powerful authority is not limited to any particular kind of RCRA site. Section 7003 is, therefore, also potentially applicable to contamination which has migrated beyond the boundary of an interim status facility. CERCLA 5. Discount Rates for Comparison of Remedial Alternatives During the feasibility study phase of the Superfund response process, the project manager carefully estimates the costs of various remedial action alternatives. Present worth analysis is used to evaluate expenditures that occur over different time periods by discounting all future costs to a common base year, usually the current year (OSWER Directive 93552-01). By performing a present worth analysis, the cost of remedial action alternatives can be evaluated and compared with regard to the total cost of an action, even though the remedial action may take several years to complete. The figure derived from the present worth analysis represents the amount of money that, if invested in the base year and then disbursed over time, would reflect all remedial action costs. Has EPA recommended a certain discount rate to use in present worth calculations? Yes. EPA recommends that project managers use a seven percent rate to conduct present worth calculations (OSWER Directive 9355.3-20). The preamble to the National Oil and Hazardous Substances Contingency Plan states, "EPA recognizes the importance of using an appropriate discount rate when deriving estimates of project costs. EPA will follow OMB circular A-94..(55 ER 8722- 8723; March 8, 1990). The OMB Circular was revised on October 29,1992, changing the discount rate to seven percent. In June 1993, EPA directed project managers to use the seven percent discount rate instead of the five ------- Questions and Answers January 1996 percent discount rate published in Guidance Tor Conducting Remedial Investigations and Feasibility Studies Under CFRCLA: Interim Final (October 1988, OSWER Directive 9355.3-01). The seven percent rate should be applied to all sites which have a Record of Decision (ROD) planned for FY94 and thereafter (OSWER Directive 9355.3-20). ------- NEW PUBLICATIONS HOW TO ORDER ... NHS Publications are available by calling (703) 487-4650, or writing NTIS, 5235 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document. EPA Publications are available through the Hotline Use the EPA Order Number listed under the document. RCRA/UST, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703)412-9810 TDD National Toil-Free No. (800) 553-7672 EPA Documents Available on the Internet You may access certain documents electronically by using one of these servers* ftp: ftp.epa.gov Documents on the ftp server are located under ftp epa gov/pub/gopher/ Gopher: gopher.epa.gov Documents on the Gopher s'erver may be located by using the on-line search functions. World Wide Web (WWW): httpV/www epa gov Documents on the WWW server may be located by using the on-line search functions. RCRA TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Modules (Complete Set) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 135 This series of RCRA modules was developed as a training tool for RCRA/UST, Superfund and EPCRA Hotline Information Specialists. Each module provides a general overview of a specific RCRA regulatory topic. Each module contains an introduction, regulatory summary, and a regulatory developments section. Modules may be purchased as a set or individually, as noted below. TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Hazardous Waste Identification (40 CFR Pan 261) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 143 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Solid and Hazardous Waste Exclusions (40 CFR Part 261.4) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 150 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Definition of Solid Waste and Hazardous Waste Recycling (40 CFR Parts 261.2 and 261.9) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 168 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Generators (40 CFR Pan 262) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 176 ------- New Publications January 1996 TITLE: RCRA/UST, Supierfund & EPCRA" Hotline Training Module: Introduction to Transporters (40 CFR Part 263) AVAILABILITY: NTIS NT IS ORDER NO.: PB96-780 184 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Treatment, Storage, and Disposal Facilities (40 CFR Parts 264/265, Subparts A-E) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 192 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Land Disposal Restrictions (40 CFR Part 268) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 200 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Permits and Interim Status (40 CFR Part 270) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 218 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Containers (40 CFR Parts 264/265, Subpart I; Section 261.7) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 226 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Tanks (40 CFR Parts 264/265, Subpart J) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 234 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Drip Pads (40 CFR Parts 264/265, Subpart W) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 242 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Containment Buildings (40 CFR Parts 264/ 265, Subpart DD) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 259 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Land Disposal Units AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 267 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Miscellaneous and Other Units (40 CFR Part 264, Subpart X and 40 CFR Part 265, Subparts P, Q, and R) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 275 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Hazardous Waste Incinerators (40 CFR Parts 264/265, Subpart O) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 283 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introducdon to Boilers and Industrial Furnaces (40 CFR Part 266, Subpart H) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 291 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Used Oil (40 CFR Part 266, Subpart E, and Part 279) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 309 ------- January 1996 New Publications TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Financial Assurance (40 CFR Pans 264/265, Subpart H) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 317 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Closure/Post-Closure (40 CFR Parts 264/265, Subpart G) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 325 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Groundwater Monitoring AVAILABILITY: NTIS NTIS ORDER NO.: PB96-78G 333 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Corrective Action AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 341 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Air Emission Standards AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 358 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to State Programs AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 366 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Municipal Solid Waste Disposal Facility Criteria AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 374 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Solid Waste Programs AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 382 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to RCRA Enforcement and Compliance AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 390 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to RCRA Statutory Overview AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 408 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Strategy for Hazardous Waste Minimization and Combustion AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 416 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Petitions, Delistings, and Variances (40 CFR Part 260, Subpart C) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780 424 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to Other Laws That Interface With RCRA AVAILABILITY: NTIS NTIS ORDER NO.: PB96-780432 TITLE: RCRA/UST, Superfund & EPCRA Hotline Training Module: Introduction to RCRA Subtitle I: Underground Storage Tanks (40 CFR Pan 280) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-125 752 ------- New Publications January 1996 CERCLA TITLE: Establishing an Observed Release AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 314 This fact sheet describes an observed release, a component of the Hazard Ranking System (HRS) score calculation. It details the data required to establish an observed release, and the process used to document it. Efficient sampling also is emphasized to optimize the use of limited resources, which is especially important in light of conducting integrated assessments under SACM. TITLE: Establishing Areas of Observed Contamination AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 312 This fact sheet address the use of analytical data to establish areas of observed contamination at hazardous waste sites when evaluating the soil exposure pathway under the HRS. The soil exposure pathway is evaluated only if observed contamination is established based on analytical data. An integrated sampling approach under SACM should be considered when planning the sampling strategy to establish observed releases. TITLE: Establishing Background Levels AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 313 This fact sheet describes how to determine background levels for each migration pathway used to calculate an HRS score. The fact sheet emphasizes the necessity of efficient sampling, which is particularly important in light of conducting integrated site assessments under SACM. TITLE: The Remedial Design/ Remedial Action Handbook AVAILABILITY: NTIS NTIS ORDER NO.: PB95-963 307 The purpose of this handbook is to provide Remedial Project Managers with an overview of the remedial design (RD) and remedial action (RA) processes. It should be most useful for federal-lead sites where the Superfund is used to finance the RD or RA. EPCRA TITLE: Risk Management Plan Data Elements: Draft AVAILABILITY: Hotline EPA ORDER NO.: N/A The proposed CAA §112(r) Risk Management Program regulations require certain facilities with regulated substances to submit risk management plans. This document serves as draft guidance describing the types of information that EPA would like submitted in a risk management plan. The document proposes that the plans should include an executive summary, registration information, data on worst case and alternative releases for toxics and for flammables, a five-year accident history, a prevention program, and a emergency response program. Draft instructions accompany the data elements listing. TltLE: Generic Guidance Risk Management Program (RMP) for Ammonia Refrigeration Facilities: Draft AVAILABILITY: Hotline EPA ORDER NO.: N/A This generic guidance was developed to help owners and operators of ammonia refrigeration facilities comply with the EPA's CAA §112(r) ------- January 1996 New Publications Risk Management Program regulations. It i!>. intended to explain each of the program elements such a way that owners or operators will understand what is needed to develop an adequate program risk management for their facilities. Owners and operators who may be looking for help on where to start in the development of a risk management program, but have few resources to devote to this objective, can use this draft guidance for assistance. This document also serves as guidance for facilities that already have safety and prevention programs in place. TITLE: Offsite Consequence Analysis Guidance: Draft AVAILABILITY: Hotline EPA ORDER NO.: N/A Under the accidental release provisions of the Clean Air Act, all regulated sources are required to conduct worst-case release analyses. This document serves as guidance to assist sources with conducting offsite consequence analysis or alternative release analysis. The document provides simple methods and reference tables for determining consequence distances. Electronic Availability Thebe three Risk Management Plan documents are currently available for downloading on EPA's Technology Transfer Network Bulletin Board System (TTNBBS), ttnbbs.npnc.epa.gov. To access the documents on TNN use the following steps: 1) Telnet to the TTN (ttnbbs.rtpnc.epa.gov) 2) Register or enter your name and password 3) Wait for the alerts to scroll 4) Enter "T" to get to the Bulletin Boards area 5) Enter "E" for the Clean Air Act Amendments BBS 6) Enter "S" to end the alerts 7) Enter "C" to open the CAA BBS menu 8) Enter "N" to list the available documents 9) Download desired document (downloading questions should be referred to the TTN Sysop). ------- FEDERAL REGISTERS FEDERAL REGISTER AVAILABILITY You may order copies of all major RCRA, UST, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA/UST, Superfund, and EPCRA National Toil-Free No ' (800) 424-9346 Local: (703) 412-9810 TDD National Toil-Free No (800) 553-7672 Electronic Availability Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via modem or Internet on EPA's Public Access Servers The servers are accessible at World Wide Web° http^/www epa gov Gopher gopher epa gov FTP ftp epa gov Modem' (919) 558-0335 The Federal Registers are organized by date After accessing the Gopher or World Wide Web server, make the following selections to reach the Federal Register information • To access RCHA/UST and CERCLA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Waste Information » The access EPCRA Federal Registers on the server, choose Rules, Regulations and Legislation •> FEDERAL REGISTER - Environmental Subset -> Toxic Release Inventory FINAL RULES RCRA "Louisiana; Codification of Prior Underground Storage Tank (UST) Program Approval" January 18,1996 (61 EB1211) "Arkansas; Codification of Prior Underground Storage Tank (UST) Program Approval" January 18,1996 (61 EB 1213) "New Mexico; Codification of Prior Underground Storage Tank (UST) Program Approval" January 18,1996 (61 EB 1216) "Oklahoma; Codification of Prior Underground Storage Tank (UST) Program Approval" January 18,1996 (61 EB 1220) "Texas; Codification of Prior Underground Storage Tank (UST) Program Approval" January 18,1996 (61 FR 1223) CERCLA "National Priorities List; Anderson Development Company Superfund Site" January 26,1996 (61 Efl 2451) EPA announced the deletion of the Anderson Development Company site, located in Adrian, Michigan, from the National Priorities List. The Agency published a notice of its intent to delete the site on August 30,1995 (60 ER 13944). EPA and the State of Michigan have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health and welfare and the environment. ------- Federal Registers January 1996 "National Priorities List; Ossineke Groundwater Contamination Superfund Site" January 31,1996 (61 Efi 3331) EPA announced the deletion of the Ossineke Groundwater Contamination Site, located in Ossineke, Michigan, from the National Priorities List. The Agency published a notice of its intent to delete the site on August 11, 1995 (60 ER 41051). EPA and the State of Michigan have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health and welfare and the environment. PROPOSED RULES RCRA "Disposition of Cesium-137 Contaminated Emission Control Dust and Other Incident-Related Material; Proposed Staff Technical Position" January 22,1996 (61 FR 1608) The Nuclear Regulatory Commission (NRC) proposed guidance on the disposal of cenain cesium-137 contaminated mixed waste. Comments must be received by March 22, 1996. "Supplemental Proposal to LDR Phase IV: Clarification of Bevill Exclusion for Mining Wastes, Changes to the Definition of Solid Waste for Mineral Processing Wastes, and Associated Issues" January 25,1996 (61 EH 2337) EPA proposed to lift several regulatory obstacles to the safe recycling of mineral processing secondary materials and proposed regulations to ensure that discarded mineral processing materials are properly treated and disposed. Specifically, EPA proposed to exclude secondary materials generated by and recovered within the mineral processing industry from RCRA Subtitle C if they meet specific guidelines and conditions. If materials do not meet the conditions excluding them from being wastes, and they test hazardous, they must be treated to meet the land disposal restrictions newly proposed in this rule. EPA also addressed issues concerning mineral processing wastes which had been remanded by courts to EPA for further j * consideration. These issues include retaining the Toxicity Characteristic Leaching Procedure as the test for evaluating the toxicity characteristic for mineral processing wastes, responding to the vacatur of the mixture rule for Bevill wastes, and readdressing the regulatory status of several mineral processing listed wastes. Finally, EPA proposed to exclude from RCRA jurisdiction two types of materials: processed scrap metal that is recycled, and shredded circuit boards destined for metal recovery that are managed in containers prior to recovery. Comments on this proposed rule must be submitted by March 25,1996. "Subtitle D Municipal Solid Waste Facilities; State/Tribal implementation Rule (STIR)" January 26,1996 (61 EB 2583) RCRA requires states to adopt and implement permit programs to ensure compliance with the Federal Disposal Facility Criteria for municipal solid waste landfills (MSWLF). EPA determines the adequacy of the state permit programs. This proposed rule provides guidance to States and Indian Tribes in developing, implementing, and revising their ------- January 1996 Federal Registers MSWLF permit programs. The STIR establishes criteria and procedures which EPA will use to determine whether a state permit program is adequate to ensure compliance with the Solid Waste Disposal Facility Criteria So that management of MSW is equally protective on Indian lands, the STIR also gives Indian Tribes the right to apply for EPA approval of their landfill permit programs. Comments on this proposed rule must be submitted on or before April 25, 1996. CERCLA "National Priorities List; Folkertsma Refuse Superfund Site" January 29,1996 (61 EH 2772) EPA announced its intent to delete the Folkertsma Refuse Site, located in Walker, Michigan, from the National Priorities List. EPA and the State of Michigan have determined that responsible parties have implemented all appropriate response actions and that remedial activities conducted at the site to date have been protective of public health and welfare and the environment. Comments concerning the proposed deletion will be accepted on or before February 28, 1996. "National Priorities List; 29th and Mead Ground Water Contamination Superfund Site" January 31,1996 (61 EH 3365) EPA announced its intent to delete the 29th and Mead Ground Water Contamination Site, located in Wichita, Kansas, from the National Priorities List. Because of the unique circumstances surrounding the site, the Agency has determined that no further federal actions under CERCLA are appropriate. The site will, instead, as a pilot project, be deferred to the State of Kansas and will be addressed by the Kansas Department of Health and Environment. Comments concerning the proposed deletion will be accepted on or before March I, 1996. NOTICES $ RCRA "Mixed Waste Treatment Capability Deficiencies" January 25,1996 (61 EH 2242) The U.S. Department of Energy (DOE) Mixed Waste Focus Area identified thirty technologies deficient in mixed waste treatment capability. The Agency seeks interested parties who have technology available to address one or more of the technology deficiency areas. The Agency also seeks parties interested in participating in cooperative research and development leading to demonstration of technologies. "New Mexico: Final Authorization of State Hazardous Waste Management Program Revisions" January 26,1996 (61 EH 2450) "Military Munitions Rule; Extension of Comment Period" January 30,1996 (61 EH 2990) EPA extended the comment period on its proposed military munitions rule (60 ER 56468; November 8, 1995) to February 2, 1996. "Hazardous Waste Land Disposal Injection Restrictions; Case-by-Case Extension" January 30,1996 (60 EH 3032) EPA granted a one year case-by-case extension from LDR for Abbott Laboratories' 11 ------- Federal Registers January 1996 NOTICES Class I Injection well, effective through September 19, 1996. The extension will allow EPA to complete the review of Abbott's no- migration petition application. "XL Community Pilot Programs; Regulatory Reinvention (XL) Pilot Projects" January 30,1996 (61 EB 3032) EPA referred the public to the November 1, 1995 (60 ER 55569), notice for a complete description of the XL (excellence and leadership) Community Pilot Program, rather than a December 12, 1995, notice. Additional information may be obtained by calling (703) 934-3241. To request documents be mailed or faxed, call (202) 260-8590. CERCLA "Proposed Administrative Settlement; Avtex Fibers Front Royal, Inc." January 19,1996 (61 EB 1403) "Proposed Consent Decree; Wide Beach Development Superfund Site" January 19,1996 (61 EB 1405) "Proposed Consent Decree; Love Canal Landfill Superfund Site" January 19,1996 (61 EB 1405) "Proposed Consent Decree; Tri-State Mint C Avenue Superfund Site" January 19,1996 (61 FR1405) "Consent Decrees; Millcreek Dump Superfund Site" January 22,1996 (61 EB 1602) "Proposed Administrative Settlement; City Bumper Superfund Site" January 24,1996 (61 EB 1929) "Proposed Administrative Settlement; Ninth Avenue Dump Superlund Site" January 24,1996 (61 EB 1929) "Proposed Partial Consent Decree; Publicker Industries Superfund Site" January 24,1996 (61 EB 1946) "Proposed Consent Decree; Abex Superfund Site" January 25,1996 (61 EB 2265) "Proposed Consent Decree; TH Agriculture & Nutrition Superfund Site" January 25,1996 (61 EB 2265) "Proposed Administrative Settlement; GE/Moreau Superfund Site" January 29,1996 (61 EB 2823) "Proposed Administrative Settlement; J&A Enterprises Superfund Site" January 29,1996 (61 EB 2823) "Proposed Administrative Settlement; Kin-Buc Landfill Superfund Site" January 29,1996 (61 EB 2823) "Proposed Administrative Settlement; Industri-Plex Superfund Site" January 29,1996 (61 FR 2824) "Proposed Prospective Purchaser Agreement; Kansas City Structural Steel Superfund Site" January 29,1996 (61 EB 2824) ------- January 1996 Federal Registers NOTICES "Proposed Administrative Settlement; Ramapo Landfill Superlund Site" January 29,1996 (61 Efi 2825) "Proposed Administrative Bft Minimis Settlement; Sidney Landfill Superfund Site" January 29,1996 (61 Efi 2826) EPCRA "Toxic Chemical Release Inventory; Additional Time to Report" January 29,1996 (61 EB 2722) EPA announced that facilities required to submit Toxic Release Inventory reports for calendar year 1995 will be allowed an extra month in which to report. Because of unforeseen circumstances, EPA has been delayed in developing and distributing the reporting package (the Form R) for the 1995 reporting year. EPA is therefore allowing covered facilities until August 1, 1996, to file those reports. CAA "Risk Management Programs Under CAA §112(r)(7); Draft Guidances" January 30,1996 (61 EEL 3031) EPA announced the availability of three draft guidance documents related to the accidental release prevention provisions under §112(r) of the Clean Air Act. Draft versions of Qffsite Consequence Analysis. Generic Guidance Risk Management Program (RMP) for Ammonia Refrigeration Facilities, and Risk Management Plan Data Elements are currendy available for review. ------- CALL ANALYSES CALLER PROFILE RCRA/UST Hotline Regulated Community 3,389 Citizens 158 State & Local Govt./Native American 175 Federal Agencies 73 Educational Institutions 99 EPA 43 Media 2 Interest Groups 8 Congress 2 International 8 Other 58 Referrals* 223 Transfers to EPCRA/Superfund Hotline* 163 Document Retrieval Line* 76 Message Retrieval Line* 778 TOTAL 5,255 * No caller profile data available. 17 ------- Call Analyses January 1996 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Consultants/Engineers 1,518 Attorneys 251 Food/Tobacco 32 Citizens 143 Textiles 16 Public Interest Groups 17 Apparel 6 Educational Institutions 64 Lumber & Wood 12 EPA 43 Furniture 12 Federal Agencies 62 Paper 9 GOCOs 1 Printing & Publishing 19 Congress 2 Chemicals 118 State Officials/SERC 41 Petroleum & Coal 32 Local Officials/LEPCs 46 Rubber and Plastics 19 Fire Departments 13 Leather 6 Hospitals/Laboratories 19 Stone, Clay & Glass 17 Trade Associations 8 Primary Metals 16 Union/Labor 0 Fabricated Metals 30 Farmers 2 Machinery (Excluding Electrical) 14 Distributors 80 Electrical&Electronic Equipment 16 Insurance Companies 2 Transportation Equipment 20 Media/Press 5 Instruments 6 Native Americans 0 Misc. Manufacturing 243 International 3 Other 152 Referrals* 268 Subtotal 643 Transfers to RCRA/UST Hotline* 320 Document Retrieval Line* 0 Message Retrieval Line* 139 TOTAL 3,842 18 * No calleT profile data available. ------- January 1996 HOTLINE RCRA RCRA GENERAL 415 SUBTITLE C Hazardous Waste Id. • General 8501 Characteristics 520' Listings 3681 Mixture Rule 64 Derived-From 57 Contained-In Policy 77 Sampling 56 Solid and Hazardous Waste Exclusions 113 Radioactive Mixed Waste 19 Delisting Petions 20 Definition of Solid Waste/Hazardous Waste Recycling 2311 Large Quantity Generators 3231 Small Quantity Generators 166 CESQGs 108 Transporters 58 Exports/Imports 37 TSDFs General Facility Standards 167 Unit Standards 67 Air Emissions 3111 Combustion - General 33 BIFs 26 Incinerators 22 Draft Strategy 14 Waste Minimization 39 LDR Applicability 1731 Notifications/Certification 62 Treatment Standards 1411 Permits and Permitting 91 State Programs 62 Financial Assurance 39 Closure/Post-Closure 45 Corrective Action 127 Enforcement 63 Hazardous Waste Data 54 Test Methods 28 Indian Lands 3 Used Oil Standards 133 Military Munitions 40 OTHER WASTES Ash 3 Bevill Amendment (Mining Waste) 48 Medical Wastes 105 Oil and Gas 25 Call Analyses TOPICS SUBTITLE D Household Hazardous Wastes 117 Subtitle D - General 79 Technical Standards 23 Indusmal Wastes 7 Municipal Wastes 43 Indian Lands 3 Financial Assurance 9 Solid Waste Recycling/Markets - General 2081 Aluminum 6 Batteries 13 Glass 11 Paper 17 Plastics 21 Tires 15 Used Oil 47 Composting 13 Procurement 26 Source Reduction/Pollution Prevention 62 Grants and Financing 9 TOTAL 6,132* * Includes 1,786 RCRA document requests. UST General/Misc. 2051 Applicability/Definitions 92 Regulated Substances 28 Standards for New Tank Systems 721 Tank Standards and Upgrading 79 Operating Requirements 61 Release Detection 1311 Release Reporting & Investigation 30 Corrective Action for USTs 89 Out-of-Service/Closure 41 Financial Responsibility 1331 State Programs 34 Liability/Enforcement 33 LUST Trust Fund 29 TOTAL 1,057* • Includes 971 UST document requests. I Hot topics for this month * Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. ------- Call Analyses January 1996 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title 111 Questions 3971 Trade Secrets 5 Enforcement 15 Liability/Citizen Suits 1 Training 4 Chemical-Specific Information 20 Emergency Planning (§§301-303): General 118 Notification Requirements 10 SERC/LEPC Issues 28 EHSs/TPQs 52 Risk Communication/ Hazards Analysis 20 Exemptions 6 Emergency Release Notification (§304): General 27 Notification Requirements 34 Reportable Quantities 34 CERCLA §103 vs. SARA §304 27 ARIP/AHEDB/ERNS 8 Exemptions 7 Hazardous Chemical Reporting (§§311-312): General 201 MSDS Reporting Requirements 110 Tier I/II Requirements 3781 Thresholds 103 Hazard Categories 35 Mixtures Reporting 60 Exemptions 107 Toxic Chemical Release Inventory (§313): General 1611 Reporting Requirements 1901 Thresholds 84 Form R Completion 1911 Supplier Notification 22 NOTEs/NOSEs/NONs 45 Voluntary Revisions 22 Pollution Prevention 33/50 11 Public Access to Data 51 TRI Database 36 Petitions 11 TRI Expansion 511 Exemptions 39 Special Topics: CAA §112 General 32 RMPs 1421 List of Regulated Substances 27 Federal Facilities Executive Order 17 TOTAL 2,939 •Includes 967 Emergency Planning and Community Right-to-Know document requests SUPERFUNO 172 17 General/Misc. Access & Information Gathering Administrative Improvements General 51 Environmental Justice/Brownflelds 2331 S ACM/Presumptive Remedies 17 Soil Screening Levels 46 Administrative Record 7 ARARs 53 CERCLIS 66 Citizen Suits 2 Claims Against Fund 3 Clean-Up Costs 19 Clean-Up Standards 59 Community Involvement 18 Contract Lab Program (CLP) 7 Contractor Indemnification 1 Contracts 3 Definitions 44 Enforcement 30 Federal Facilities 19 Hazardous Substances 70 HRS 11 Liability 64 Local Gov't Reimbursement 3 Natural Resource Damages 5 NCP 17 Notification 48 NPL 1391 Off Site Rule 9 OS HA 6 PA/SI 15 PRPs 23 RD/RA 19 Reauthorization 17 1 Hot topics for this month • Topics are calculated as the summation of all questions received by the Hotline. A single call may result In multiple questions. ------- January 1996 Call Analyses Remedial 59 Removal 21 RI/FS 20 Risk Assess./Health Effects 48 ROD 30 RQ 1851 Settlements 15 SITE Program 36 State Participation 13 State Program 12 TAGs 2 Taxes 16 Special Topics Oil Pollution Act 8 SPCC Regulations 9 Radiation Site Cleanup 30 TOTAL 1,817* •Includes 478 Superfund document requests. TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 11,945 1 Hot topics for this month ' Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. 21 ------- |