EPA530-R-95-002a
PB95-922 401
MONTHLY HOTLINE REPORT
January 1995
RCRA/UST, Superfund, and EPCRA

Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA)	
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA)			
Emergency Planning and Community Right-to-Know	
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3

New Publications
Resource Conservation and Recovery Act (RCRA)	
Underground Storage Tanks (UST)....:		
RCRA/CERCLA		
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA)		
Other					:	
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7
7
7
8
Federal Registers
Final Rules			9
Proposed Rules									10
Notices				11
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W-
Call Analyses
Calls Answered		:	17
Caller Profiles								20
Hotline Topics					22
RCRA/UST, Superfund, and EPCRA
National Toil-Free Nos.: 800-424-9346 or 800-535-0202
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-W0-0039.
EPA Project Officer:
Carie Van Hook Jasperse
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper

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HOTLINE QUESTIONS AND ANSWERS'
RCRA
1. The Liquids in Landfills Prohibition
and Sorbed Free Liquids
EPA prohibits the direct placement in a
hazardous waste landfill of liquid hazardous
waste or hazardous waste containing free
liquids (40tCFR §§264/265.314(b)). The
Agency also prohibits the placement in a
hazardous waste landfill of containers holding
free liquids, except for lab packs, very small
containers (i.e., ampules) and containers
designed to hold free liquids for use other
than storage (i.e., batteries) (§264.314(d)(2),
(3), and (4) and §265.314(c)(2), (3), and (4)). '
On November 18-, 1992 (57 FR 54454). the
Agency retained the Paint Filter Liquids Test
(PFT) as the required test to determine if
hazardous wastes hold free liquids. If the PFT
demonstrates that a waste to which sorbents .
have been added no longer contains free
liquids, may the waste be placed in a landfill,
or is additional treatment required?
EPA's criteria for the use of sorbents to
treat wastes containing free liquids vary
according to whether the wastes will be .
disposed of directly or will be placed in a
container prior to disposal. EPA allows the
use of sorbents to remove free liquids from
"containerized" wastes. If the PFT
demonstrates that a containerized waste to
which sorbents have been added contains no
free liquids, the waste may be disposed of in a
hazardous waste landfill (40 CFR
§264.314(d)(l)(ii) and §265.314(c)(l)(ii)),
provided that it meets all applicable land
disposal restriction (LDR) treatment
standards. As a precaution against the use of
inadequate sorbents, EPA regulations require
that sorbents used to treat free liquids prior to
land disposal be nonbiodegradeable (40 CFR
§264.314(e) and §265.314(f)).
EPA prohibits the use of. sorbents to treat
liquid hazardous waste or hazardous waste
containing free liquids that will be disposed of
directly (e.g., without first being placed in a
container) in a landfill. Free liquids in such
"bulk or noncontainerized" hazardous wastes
must be "chemically, thermally, physically, or
biologically treated without the use of
absorbents" before the wastes may be
landfilled (OSWER Directive #9487.00-2A).
To demonstrate that chemical stabilization
rather than absorption or adsorption is
occurring, the bulk or noncontainerized
hazardous wastes should undergo an indirect
chemical stabilization test (also known as an
unconfined compressive strength test). The
indirect chemical stabilization test ensures
that, prior to direct disposal, liquid hazardous
wastes or hazardous wastes containing free
liquids wastes have been adequately treated
through some means other than the addition of
sorbents.
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Hotline Questions and Answers
January 1995
2. Manifest Requirements for Imported
Hazardous Waste
CERCLA
Any person who imports hazardous waste
into the United States must comply with all
applicable generator requirements and the
special requirements for importers in Part 262,
Subpart F (§262.60(a)). This includes
preparing a manifest with a generator EPA
identification number before transporting the
imported hazardous waste within the United
States. Because waste generated in another
country will not have an EPA identification
number, the importer's identification number .
should be used on the manifest. Any party who
helped arrange for the importation (e.g., a
broker, a transporter, a TSDF), however, may
be considered an importer (June 25,1985,
memo from Skinner to Seraydarian). In cases
where there is more than one importer, each
with an identification number, whose number
should be used on the manifest?
EPA does not require any particular
identification number to be used on the
manifest. The Agency recommends that the
parties to the movement decide among
themselves who will act as the importer. The
importer's responsibility includes providing an
identification number on the manifest
(§262.60(b)(l)). Regardless of who performs
the importer duties, EPA reserves the right to
enforce against any of the involved parties if
the requirements of the RCRA hazardous
waste regulations are not adequately met.
3. Transfers of Real Property Interests
to States
A site on the National Priorities List (NPL)
is entering the final stages of remedial action.
EPA acquired ownership of an interest in real
property in order to conduct a Fund-financed
cleanup and is in the process of preparing to
legally transfer the property to the state. The
state contends that the ongoing remediation
will take several years and is therefore hesitant
to accept the transfer. When must a state
accept the transfer of an interest in real estate?
In instances in which EPA acquires an
interest in real estate in order to conduct a
Fund-financed remedial action, the state must
agree to accept transfer of that property on or
before completion of the remedial action
(CERCLA §104Q); 40 CFR §300.510(f)). In
the July 14, 1994, Federal Register (59 EE
35852), the Agency clarified that for purposes
of §300.510(0, the completion of the remedial
action is the point at which operation and
maintenance (O&M) measures are initiated
under §300.435(f). O&M typically begins
when the remedy has been constructed and is
operational and functional. The requirement
that states accept property transfers at initiation
of O&M is in effect whether the state or
another party is conducting the O&M.
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January 1995
Hotline Questions and Answers
EPCRA
4. Applicability of EPCRA §§311 312 to
Horticultural Operations and Golf
Courses
EPCRA §§311 and 312 require facility
owners or operators to submit Material Safety
Data Sheets (MSDS) and annual inventory
reports (Tier I ITier II Forms) for any
hazardous chemical subject to OSHA's Hazard
Communication Standard (29 CFR
§1910.1200) when present at a facility above
threshold amounts (40 CFR §370.20(b)).
Under EPCRA §311(e)(5), any substance used
in routine agricultural operations is exempt
from EPCRA §§3111312 reporting
requirements. Is the growing of turf by a
nursery considered routine agricultural
operations? Does this exemption,apply if the
turf is grown and maintained by a golf course?
The agricultural exemption found at
EPCRA §311(e)(5) excludes fertilizers held for
sale by retailers and any substance which is
used in routine agricultural operations.
Agricultural operations is a broad term which
EPA has interpreted to apply to various types
of facilities, including nurseries and other
horticultural operations (52 EE 38344; 38349;
; October 15,1987). Therefore, chemicals used
in direct support of turf growing by a nursery
are exempt under EPCRA §311 (e)(5).
In contrast, a golf course is not an
agricultural operation. Golf courses derive
their income from the playing cf golf, not the
sale of turf or other horticultural products.
Therefore, all hazardous chemicals (e.g.,
pesticides, fuel for equipment) onsite must be
reported under EPCRA §§311/312 if they
exceed applicable thresholds.
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I
NEW PUBLICATIONS
HOW TO ORDER
NHS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 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 Toil-Free Nos.: 800-424-9346 or 800-535-0202
. Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
RCRA
TITLE: "Environmental Fact Sheet:
Regulatory Determination Issued for Cement
Kiln Dust"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-003
This fact sheet provides an overview of EPA's
determination that additional control of cement
kiln dust (CKD) is warranted in order to
prevent environmental damage associated with
current disposal practices of this waste. It
outlines EPA's approach for developing
tailored requirements that work in conjunction
with its existing authorities.
TITLE: "Environmental Fact Sheet:
Revisions Proposed to Post-Closure Landfill
Requirements"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA-530-F-94-043
This fact sheet provides an overview of EPA's
proposed changes to the post-closure care
regulations for hazardous waste landfills under
RCRA. The proposed rule would eliminate
the existing post-closure permit requirement
and expand state RCRA programs to include
corrective action authority for interim status
facilities.
TITLE: "Technical Resource Document:
Extraction and Beneficiation of Ores and
Minerals; Volume 7: Phosphate and
Molybdenum"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-201 001
This document presents the results of EPA's
research into the domestic phosphate and
molybdenum mining industry and is one of a
series of profiles of major mining sectors. This
document consists of reports on two site visits
conducted by EPA to a phosphate mine in
Florida and a molybdenum mine in Idaho
during 1991 and 1992. The report includes
infomiation about the environmental setting,
waste management practices, regulatory
requirements, and groundwater monitoring data
for each facility.
TITLE: "State Program Advisory Number
Fourteen"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-170 874
This document updates the State Authorization
Manual (SAM) which assists states and regions
in authorizing states for the RCRA program.
This advisory covers RCRA program changes
for the period July 1, 1992, through June 30,
1993. It contains several new revision
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New Publications
January 1995
checklists for the land disposal restrictions,
boilers and industrial furnaces, toxicity
characteristic; and wood preserving; and model
language from.the Attorney General's
statement.
TITLE: "Strategy Update: A Newsletter on
EPA's Hazardous Waste Minimization and
Combustion Activities"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-94-005
This quarterly newsletter provides information
on Office of Solid Waste (OSW) activities
associated with EPA's Draft Hazardous Waste
Minimization and Combustion Strategy. This
edition provides an overview of the Draft
RCRA Hazardous Waste Minimization
National Plan that was released in May 1994,
and it includes information about three
companies that were given awards for their
innovative methods for implementing waste
minimization techniques. The newsletter also
contains updates on the availability of
documents pertaining to issues such as
compliance and enforcement, risk assessment,
permitting, and public involvement.
TITLE: "Executive Summaries of
Roundtables on Hazardous Waste
Minimization and Combustion"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-94-041
This document summarizes the proceedings of
a national roundtable on hazardous waste
minimization and combustion held November
15 through 18,1993, in Washington, DC.
Participants included state regulators,
representatives of public interest groups,
hazardous waste managers, and representatives
from technical assistance centers. The
participants developed ideas and
recommendations on topics such as
mechanisms to implement waste minimization,
general issues involving combustion of
hazardous waste, and control of emissions of
toxic organic compounds from hazardous
waste combustion units.
TITLE: "Native American Network: A
RCRA Information Exchange"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-94-008
This quarterly newsletter focuses on RCRA
issues relevant to Native Americans. It
contains highlights from the EPA
Administrator's speech at the Cherokee
Conference held in North Carolina on
May 23-26, 1994, and it provides information
about the new American Indian Environmental
Office. It includes an update on tribal Subtitle
C authorization as well as two inserts on the
definition of hazardous waste under RCRA
Subtide C and funding of tribal hazardous
waste programs.
TITLE: "Environmental Fact Sheet: EPA
Determines That Ash from Waste-to-Energy
Facilities is Subject to Hazardous Waste
Regulations Upon Exiting the Combustion
Building"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-004
This fact sheet provides an overview of EPA's
interpretation of RCRA §300l(i) pertaining to
ash generated by a waste-to-energy (WTE)
facility. EPA determined that ash from WTE
facilities becomes subject to RCRA hazardous
waste regulations when it exits the combustion
building following combustion and air
pollution control processes.
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January 1995
New Publications
UST
TITLE: "Introducing...How To Evaluate
Alternative Cleanup Technologies for
Underground Storage Tank Sites: A Guide for
Corrective Action Plan Reviewers"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-94-013-
This brochure advertises EPA's guidance
manual How To Evaluate Alternative Cleanup
Technologies for Underground Storage Tank
Sites: A Guide for Corrective Action Plan
Reviewers, which is available from the
Government Printing Office! The guidance
manual helps regulators evaluate corrective
action plans that incorporate alternative
technologies by providing detailed information
on various treatment technologies. The
brochure includes ordering information for
persons who wish to purchase the manual.
RCRA/CERCLA
TITLE: "One-Time Waste Estimates for
Capacity Assurance Planning: Capacity
Planning Pursuant to CERCLA § 104(c)(9)"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-167 235
i
Section 104(c)(9) of CERCLA requires states
to assure adequate capacity for the treatment
and disposal of hazardous wastes that are
reasonably expected to be generated within a
state for 20 years as a prerequisite for any
remedial action to be funded by EPA. This
report contains detailed descriptions, of the
methodologies used by EPA to develop
estimates for the tons of hazardous waste that
is shipped off-site to commercial hazardous
waste management facilities. It also discusses
the five major sources of wastes associated
with remediation and the distribution of that
waste over the 20-year period.
CERCLA
TITLE: "Structure and Components of Five-
Year Review"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB91-921 368
This fact sheet provides guidance for planning
and conducting periodic reviews of Superfund
sites consistent with §121(c) of CERCLA.
This fact sheet focuses primarily on
implementation and the issues associated with
implementation of five-year reviews. EPA's
goal is to assure that reviews are implemented
in a consistent manner nationally, with
consideration of local concerns and widely
varying site conditions.
TITLE: "Superfund and Small Waste
Contributors"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-965 610
This pamphlet describes what Superfund is,
who Potentially Responsible Parties (PRPs)
are, and the appropriate use of de minimis
settlements. A de minimis settlement may
apply to a party whose contribution is minimal
compared to other waste at the site. To help
ensure that these parties do no get drawn into
lengthy and expensive lawsuits, EPA may
offer a de minimis settlement.
TITLE: "Supplemental Five-Year Review
Guidance"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 283
This guidance provides clarification as well as
a new direction to streamline the five-year
review process and ensure the effective and
efficient use of program resources.
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New Publications
Januarv 1995
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription PB95-922 400
530-R-95-002
January 1995	PB95-922 401
530-R-95-002a
The reports contain questions that required
EPA resolution or were frequently asked,
publications availability, Federal Register
summaries, and Hotline call statistics.
The Monthly Hotline Report Questions and
Answers are also available for downloading at
no charge from CLU-IN at (301) 589-8366.
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FEDERAL REGISTERS
FINAL RULES
RCRA
"Land Disposal Restrictions Phase II;
Universal Treatment Standards, and
Treatment Standards for Organic
Toxicity Characteristic Wastes and
Newiy Listed Wastes"
January 3,1995 (60 EB 242)
On September 19,1994, EPA promulgated
treatment standards under the LDR program for
the newly identified organic toxicity
characteristic (TC) wastes, except those
managed in Clean Water Act systems, CWA-
equivalent systems, or Class I Safe Drinking
Water Act injection wells. In addition, EPA
promulgated treatment standards for all newly
listed coke by-product and chloirotoluene
production wastes. The Agency also established
a single set of consistent treatment standards for
each constituent regulated under the LDR
program, referred to as universal treatment
standards. EPA also published clarifying
guidance regarding treatability variances,
streamlined the hazardous waste recycling
regulations, and reduced paperwork
requirements associated with the LDR program
This rule corrects errors and clarifies the
language of the September 19,1994, rule. The
rule was effective on December 19,1994.
"Identification and Listing of Hazardous
Wastes; Final Exclusion"
January 5,1995 (60 EB 1744)
EPA granted a petition submitted by
Bethlehem Steel Corporation, Sparrows Point,
Maryland, to exclude certain solid wastes
generated at the facility from the lists of
hazardous wastes at 40 CFR §§261.31 and
261.32. This rule is effective January 5,1995.
"Kentucky; Final Authorization of State
Hazardous Waste Management
Program Revisions"
January 10,1995 (60 EB 2534)
EPA intends to approve revisions to
Kentucky's hazardous waste program under
, RCRA. Final authorization will be effective
March 13,1995, unless EPA publishes a prior
Federal Register action withdrawing this
immediate final rule. Comments on this
program revision must be received on or before
the close of business February 9,1995.
"Oklahoma; Final Authorization of State
Hazardous Waste Management
Program Revisions"
January 11,1995 (60 EB 2699)
EPA intends to approve revisions to
Oklahoma's hazardous waste program under
RCRA. Final authorization will be effective
March 27,1995, unless EPA publishes a prior
Federal Register action withdrawing this
immediate final rule. Comments on this
program revision must be received on or before
the close of business February 27,1995.

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Federal Registers
January 1995
"Hazardous Waste Management System;
Testing and Monitoring Activities; Final
Rule"
January 13,1995 (60 FR 3089)
EPA is adding new and revised testing and
monitoring methods as Update II to the Third
Edition of the EPA-approved test methods
manual Test Methods for Evaluating Solid
Waste. Phvsical/Chemical Methods (EPA
publication SW-846). EPA is also incorporating
the updated SW-846 Third Edition into 40 CFR
§260.11(a) for use in complying with the
requirements of Subtitle C of RCRA. The rule is
effective on January 13,1995.
"Michigan; Notice of Final Determination
on Application for Final Authorization"
January 13,1995 (60 £B 3095)
EPA is giving notice that it approves the
revisions to the State of Michigan's authorized
hazardous waste management program resulting
from the reorganization of the Michigan
Department of Natural Resources. The approval
is effective January 13,1995.
"Louisiana; Final Authorization of State
Hazardous Waste Management
Program Revisions"
January 23,1995 (60 FQ 4380)
EPA published an immediate final rule on
November 7,1994, approving final authorization
of Louisiana's state program for many of the
provisions of the Hazardous and Solid Waste
Amendments of 1984. EPA received comments
from three commentors in opposition to the
immediate final rule. EPA responded to the
comments and affirmed the immediate final
decision previously published. Consequently,
EPA notified the public that the final
authorization shall be effective on
January 23,1995.
CERCLA
"National Priorities List; Suffolk City
Landfill"
January 24,1995 (60 £Q 4568)
EPA announced the deletion of the Suffolk
City Landfill in Suffolk, Virginia, from the
National Priorities List (NPL). EPA published a
notice of its intent to delete the site from the
NPL on October 20,1994 (59 EE 52949). EPA
and the Commonwealth of Virginia have
determined that no further cleanup under
CERCLA is appropriate and that remedial
actions at the site have been protective of public
health, welfare, and the environment The
> effective date of this action is January 11,1995.
PROPOSED RULES
RCRA
"Texas; Final Approval of State
Underground Storage Tank Program"
January 24,1995 (60Ffl 4586)
EPA has made the tentative decision that
Texas' application for final approval of its
underground storage tank program under
Subtitle I of RCRA satisfies all of the
requirements necessary to qualify for final
approval. As a consequence, EPA intends to
grant final approval to the state to operate its
program in lieu of the federal program. A public
hearing will be held, if it is requested.
Comments on Texas' final approval and all
requests to present oral testimony at the public
hearing must be received on or before
Februaiy 23,1995.
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January 1995
Federal Registers
NOTICES
RCRA
"Proposed Consent Decree; Key
Terminals Facility"
January 25,1995 (60 £5 4924)
A Consent Decree in United States v. Pavne
and Dolan. Inc. was lodged with the U.S. District
Court for the Eastern District of Wisconsin on
January 9,1995. Pursuant to the proposed
Consent Decree, the settling party will pay the
United States a penalty of $240,000 for violations
of RCRA at the Key Terminals Facility in •
Kewaunee, Wisconsin. Further, pursuant to other
terms of the proposed settlement, the sealing
party will also complete RCRA closure of the
Key Terminals Facility under a plan approved by
the Wisconsin Department of Natural Resources.
DOJ will receive comments for a period of 30
days from the date of publication.
CERCLA
"National Priorities List; Crystal City
Airport"
January 4,1995 (60 EB 422)
EPA announced its intent to delete the Crystal
City Airport Superfund Site, located in Zavala
County, Texas, from the National Priorities List.
EPA and the State of Texas determined that no
further cleanup under CERCLA is appropriate
and that remedial actions at the site have been
protective of public health, welfare, and the
environment Comments concerning the site
may be submitted on or before January 30,1995.
"Proposed Administrative Settlement;
Chemical Control Site"
January 4,1995 (60 EB 455)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h). The
proposed settlement requires the settling party to
reimburse the United States $40,000 for response
costs incurred in connection with the Chemical
Control Site in Elizabeth, New Jersey.
Comments must be received on or before
February 3, 1995.
"Proposed Administrative Settlement;
Chemical Control Site"
January 4,1995 (60 EB 456)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h). The
proposed settlement requires the settling party to
Reimburse the United States $90,000 for response
costs incurred in connection with the Chemical
Control Site in Elizabeth, New Jersey.
Comments must be received on or before
February 3,1995.
"Proposed Consent Decree;
Commencement Bay Nearshore/
Tideflats Superfund Site"
January 5,1995 (60 EB 1800)
A Consent Decree in United States v. ASARCQ
Inc. was lodged with the U.S. District Court for
the Western District of Washington on
December 23,1994. The proposed settlement
requires the settling party to perform certain
remedial activities and to reimburse the United
States $2,668,443 for response costs incurred in
connection with the Ruston/North Tacoma Stud]
Area operable unit of the Commencement Bay
Nearshore/Tideflats Superfund Site in the Town
of Ruston and City of Tacoma, Washington.
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Federal Registers
January 1995
DOJ will receive comments for a period of 30
days from the date of publication.
"Proposed Consent Decree; Sapp
Battery Superfund Site"
January 5,1995 (60 £Q 1801)
A Consent Decree in United States v. Bav Area
Battery. Inc. was lodged with the U.S. District
Court for the Northern District of Florida on
December 21,1994. The proposed settlement
requires the settling parties to perform certain
remedial activities and to reimburse the United
States $214,500 for response costs incurred in
connection with the Sapp Battery Superfund Site
in Jackson County, Florida. The settlement also
requires the settling parties to pay $54,800 to
another group of potentially responsible parties,
who are performing a portion of the remedy
selected by EPA for the site under a Consent
Decree entered by the court in United States v.
Aaron Scrap, et al. DOJ will receive comments
for a period of 30 days from the date of
publication.
"Proposed Consent Decree; Blackbird
Mine"
January 5,1995 (60 FB1802)
A Consent Decree in United States v. Blackbird
Mining Co-, st al, and State of fclahQ, ct ai„ y,
The M.A. Hanna Company was lodged with the
U.S. District Court for the District of Idaho on
December 22,1994. The proposed settlement
requires the settling party to reimburse the
Plaintiff Governments $250,000 for response
costs incurred in connection with Blackbird Mine
in central Idaho. In return, the settling party will
be dismissed from the action and will be granted
contribution protection. DOJ will receive
comments for a period of 30 days from the date
publication.
"Proposed Consent Decree; Byron
Superfund Site"
January 10,1995 (60 EB 2613)
A Consent Decree in United States v. Nalco
Chemical Company was lodged with the U.S.
District Court for the Northern District of Illinois
on December 22,1994. Under the first proposed
de minimis Consent Decree, nine settling parties
among the "drum" parries in the case will pay the
United States $94,405.86 for response costs
incurred in connection with the Byron Superfund
Site in Ogle County, Illinois. Under the second
proposed de minimis Consent Decree, six settling
parties among the "IPC customer" parties in the
case will pay the United States $429,045.17.
DOJ will receive comments for a period of 30
days from the date of publication.
"Proposed Administrative Settlement;
Carrico Drum Site"
January 12,1995 (60 £Q 2963)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h) for past costs
incurred in connection with removal action
conducted at the Cameo Drum Site. The
proposed settlement requires the settling parties
to reimburse EPA $73,333.33 for response costs
incurred at the site. In addition, the settling
parties agree to waive all claims against the
United States that arise out of response activities
at the site, and EPA agrees not to sue for past
costs incurred during the removal action upon
satisfactory completion of obligations under the
settlement. EPA is free, however, to pursue any
other necessary and appropriate judicial and

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January 1995
Federal Registers
NOTICES
administrative relief against the settling parties.
The Agency will receive comments for a period
of 30 days from the date of publication.
"Notice and Request for Public Comment
on Administrative Cost Recovery
Settlement; Culpeper Wood Preservers
Site"
January 12,1995 (60 FB 2964)
In accordance with CERCLA §122(i) EPA is
giving notice of a proposed administrative cost
recovery settlement concerning costs incurred by
EPA in connection with the Culpeper Wood
Preservers Site, Culpeper County, Virginia. The
Consent Order, signed by EPA on June 16, 1993,
provides that EPA will bill the settling party an
estimated $126,125.37 for costs incurred by EPA
in preparing the work plan for performing a
remedial investigation and feasibility study at the
site. Comments must be submitted on or before
February 13,1995.
"National Priorities List; Independent Nail
Site"
January 13,1995 (60 EB 3189)
EPA Region IV announced its intent to delete
the Independent Nail Site, located in Beaufort
County, South Carolina, from the National
Priorities List. EPA and the State of South
Carolina have determined that all fund-financed
response actions taken at the site under CERCLA
have been implemented, and that remedial
activities conducted at the site to date remain
protective of public health, welfare, and the
environment. Comments concerning the deletion
of this site should be submitted on or before
February 13,1995.
"Proposed Consent Decree; Spiegelberg
Superfund Site"
January 18,1995 (60 FB 3654)
A proposed Consent Decree in United States v.
Fond Motor Company was lodged with the U.S.
District Court for the Eastern District of
Michigan on December 29,1994. Under the
proposed Consent Decree, the setding party has
agreed to pay $935,000 in partial reimbursement
of past response costs incurred by the United
States in connection with the Spiegelberg
Superfund Site, located in Green Oak Township,
Livingston County, Michigan. DOJ will receive
comments for a period of 30 days from the date
of publication.
"Proposed Consent Decree; Sullivan's
Ledge Superfund Site"
January 18,1995 (60 EB 3655)
A proposed Consent Decree in United States v.
Comell-Dubilier Electronics. Inc.. et al.. was
lodged with the U.S. District Court for the
District of Massachusetts on January 4,1995.
The proposed Consent Decree resolves the
United States' claims under CERCLA against the
defendant with respect to the first operable unit at
the Sullivan's Ledge Superfund Site, in New
Bedford, Massachusetts. Under the proposed
decree, the settling party will assume operation
and maintenance of EPA's selected remedy for
the first operable unit remedy after the
obligations of other settlers under a previously
negotiated Consent Decree cease (i.e., after 30
years). DOJ will receive comments for a period
of 30 days from the date of publication.
13

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Federal Registers
January 1995
NOTICES
"Proposed Consent Decree; Millcreek
Dump Superfund Site"
January 18,1995 (60 FB 3655)
A proposed Consent Decree in United States v.
Ralph Riehl. et al.. was lodged with the U.S.
District Court for the Western District of
Pennsylvania on December 29,1994. Under the
proposed Consent Decree, the settling party
agrees to pay the United States $500,000 in
reimbursement of response costs incurred at the
Millcreek Dump Superfund Site. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Proposed Consent Decree; Operating
Industries, Inc. Superfund Site"
January 19,1995 (60 F0 3881)
A Fourth Partial Consent Decree in United
States v. City of Monterey Park, et al.. was
lodged with the U.S. District Court for the
Central Division of California on December 29,
1994. Under the proposed Consent Decree, a
group of settling municipalities, governmental
entities, waste transporters, and industrial waste
generators will put the proceeds from a settlement
those parties have reached in a private action into
an escrow account for use for performance of
remedial actions and for partial reimbursement of
past costs-associated with the Operating
Industries, Inc. Superfund Site, in Monterey Park,
California. The value of the settlement is
approximately $54 million. DOJ will receive,
comments for a period of 30 days from the date
of publication.
"Proposed Consent Decree; Gulf Coast
Vacuum Site"
January 23,1995 (60 FQ 4446)
A proposed Consent Decree in United States v.
American National Petroleum Co. et al.. was
' lodged with the U.S; District Court for the
Western District of Louisiana on December 23,
1994. Under the proposed Consent Decree, the
defendants agree to fund and implement a
remedy at the Gulf Coast Vacuum Site, in
Abbeville, Vermilion Parish, Louisiana. In
addition, the defendants agree to pay all future
response costs incurred by the United States
which exceed amounts recovered under a
separate De Minimis Administrative Order on
Consent. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Administrative Settlement; v
North Haledon Site"
January 24,1995 (60 FR 4624)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h). The
proposed settlement requires the settling party to
reimburse the United States $625,000 plus
interest until payment is received in full, for
response costs incurred in connection with the
North Haledon Site, North Haledon, New Jersey.
Comments must be received on or before
February 23,1995.
"Proposed Consent Decree; Seymour
Recycling Superfund Site"
January25,1995 (60 EB 4925)
A proposed Consent Decree in United States v.
Sevmour Recycling Corp.. et al.. was lodged with
the U.S. District Court for the Southern District
of Indiana on January 10,1995. Pursuant to the
proposed Consent Decree, the settling party will
pay the United States $30,000 for costs incurred
at the Seymour Recycling Superfund Site in
Seymour, Indiana. In return, the United States
agrees not to sue the settling party for past and
future CERCLA liability at the site. DOJ will
receive comments for a period of 30 days from
the date of publication.
4

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January 1995
Federal Registers
NOTICES
"Proposed Administrative Settlement;
Bell Landfill Superfund Site"
January 26,1995 (60 EB 5177)
The Regional Administrator for EPA Region in
signed an administrative settlement concerning
the Bell Landfill Superfund Site in Bradford
County, Pennsylvania, on September 30, 1994.
Under the proposed De Minimis Settlement, the
setding party has agreed to pay $6,000 to EPA.
This settlement is subject to the contingency that
EPA may elect not to complete the settlement
based on information it receives during the public
comment period. The Agency will receive
comments on this proposed administrative
settlement for 30 days from the date of
publication.
"Proposed Consent Decree; Alaskan
Battery Enterprise Superfund Site"
January 26,1995 (60 EB 5209)
A proposed Consent Decree in United States v.
Alaskan Battery Enterprises. Inc. was lodged
with the U.S. District Court for the District of
Alaska on January 10,1995. Pursuant to the
proposed Consent Decree, the settling party will
reimburse the United States $644,759, plus
prejudgement interest from May 1,1994, through
the date of payment, for response costs incurred
at the Alaskan Battery Enterprises Superfund Site
in Fairbanks, Alaska. Ten days after entry of the
decree, the settling party is required to stipulate to
the dismissal with prejudice of its counterclaims
against the United States. The United States is
obligated to dismiss its claims against the settling
party with prejudice ten days after it receives all
payments. The decree contains a reopener,
however, that permits the United States to
institute additional proceedings to require that the
setding party perform further response actions or
reimburse the United States for additional costs
of response. DOJ will receive comments for a
period of 30 days from the date of publication.
Office of Radiation and Indoor Air/
CERCLA
"Science Advisory Board; Radiation
Advisory Committee; Radionuclide
Cleanup Standard Subcommittee;
Public Meetings"
January 9,1995 (60 EB 2386)
The Science Advisory Board announced that a
meeting of its Radionuclide Geanup Standards
Subcommittee will be held on January 25 and 26,
1995, in Arlington, Virginia. The meeting will
be a work session by the subcommittee
concerning their draft documents entitled
Radiation Site Cleanup Regulations: Technical
Support Document for the Development of
Radionuclide Cleanup Levels for Soil. Review
Draft, September 1994, and Radiation Site
Cleanup Regulations; Technical Support
Document for the Development of Radionuclide
Cleanup Levels for Soil. Appendices, September
1994. These documents are available in the
Agency's U.S. EPA Air and Radiation Docket.
Environmental Justice
"Interagency Working Group on
Environmental Justice; Public
Meetings"
January 3,1995 (60 EB 109)
EPA announced that a meeting of the
Interagency Working Group on Environmental
Justice will be held in Adanta, Georgia, on
January.20,1995. The meeting will address how
federal agencies can effectively promote
environmental justice in their areas of
responsibility. The Black College Satellite
Network will broadcast an evening session of the
meeting.
•15

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federal Registers
January 1995
NOTICES
Environmental Auditing
"Open Mike Session on Environmental
Auditing; Announcement of
Environmental Auditing Policy Docket"
January 18,1995 (60 FQ 3639)
EPA announced the establishment of OECA's
Environmental Auditing Policy Docket, which
contains over 60 comments from interested
parties, a transcript of OECA's July 27-28,1994,
meeting on environmental auditing, a summary
of a two-day EPA Policy Workgroup meeting
and other documents concerning environmental
auditing. In addition, EPA announced that it will
conduct an "open mike" session in San Francisco,
California, on January 20,1995, to provide an
opportunity for interested parties to comment on
whether additional incentives are needed to ,
encourage self-disclosure and correction of
environmental violations uncovered during
facility audits. A transcript of comments will be
made publicly available.
16

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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
January Daily Volume*
350 -r
300 ¦-
RCRA/UST
* /V M
_ 200 ¦
100 -¦ .
Documents
EPCRA and
Superfund
¦,389
3,432
Year to Date4
RCRA/UST
EPCRA and Superfund
Documents
(All Proa ram Areas)

Month
Cumulative

Month
Cumulative

Month
Cumulative
January
6,017
6,017
January
3,432
3,432
January
4,389
4,389
~All calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
17

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Call Analyses
January 1995
QUESTIONS ANSWERED BY TYPE
January Daily Volume*
800
700
12,045
600
500
400
Document
• 300
5,285
2 200
Referral/Transfer
100
1,518
0
4F
3 4 5 6 9 10 11 12 13. 17. 18 19 20 23 24 25 26 27 30 31
Day
Year to Date*
Regulatory
Document
Referral/Transfer
January
Month
Cumulative
January
Month
Cumulative
January
Month
Cumulative
12^045
12,045
5,285
5,285
1,518
1.518
18
All questions answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line. A
single call may include multiple questions combined with document requests and referrals.

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January 1995
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
January 1995*
UST
6%
(1,012)
14%
(2,378)
RCRA
56%
(9.725)
EPCRA
24%
(4,215)
17,330 questions and excludes 1,518 referrals and transfers made from both Hotlines. Includes the
Retrieval Line and the Document Retrieval Line.
Year to Date*
January
RCRA
UST
EPCRA
Su
perfund
Month
Cumulative
Month
Cumulative
Month
Cumulative
Month
Cumulative
56%
(9,725)
56%
(9,725)
6%
(1,012)
6%
(1.012)
24%
(4,215)
24%
(4.215)
14%
(2.378)
14%
(2.378)
'Based on
Message
19

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Call Analyses
January 1995
CALLER PROFILE
RCRA/UST Hotline
Regulated Community
5,564
Citizens
246
State & Local Govt./Native American
339
Federal Agencies
107
Educational Institutions
141
EPA
96
Media
11
Interest Groups
20
Congress
9
International
5
Other
84
Referrals*
509
Transfers to EPCRA/Superfund Hotline*
395
Document Retrieval Line*
418
Message Retrieval Line*
619
TOTAL
8,563
Citizens Federal Agencies

State & Local Govt./
Native American
5%
All Others
5%
Regulated
Community
84%
20
* No caller profile data available.

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January 1995
Call Analyses
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco	59
Textiles	34
Apparel	15
Lumber & Wood	36
Furniture	23
Paper	25
Printing & Publishing	35
Chemicals	256
Petroleum & Coal	74
Rubber and Plastics	55
Leather	19
Stone, Clay & Glass	39
Primary Metals	67
Fabricated Metals	71
Machinery (Excluding Electrical) 37
Electrical&Electronic Equipment 49
Transportation Equipment	49
Instruments	38
Misc. Manufacturing	136
Subtotal	,117
Consultants/Engineers	1,920
Attorneys	379
Citizens	227
Public Interest Groups	37
Educational Institutions	134
EPA	94
Federal Agencies	119
GOCOs	3
Congress	2
State Officials/SERCs	84
Local Officials/LEPCs	71
Fire Departments	24
Hospitals/Laboratories	27
Trade Associations	13
Union/Labor	5
Farmers	4
Distributors	30
Insurance Companies	10
Media/Press	11
Native Americans	4
International	11
Other	119
Referrals*	288
Transfers to RCRA/UST Hotline*	326
Document Retrieval Line*	71
Message Retrieval Line*	145
TOTAL
5,275
Attorneys
9%
All Others
18%
Citizens
Consultants/
Engineers
43%
* No caller profile data available.
Manufacturers
25%
21

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Call Analyses
January 1995
HOTLINE TOPICS
RCRA
RCRA GENERAL	569
SUBTITLE C
Hazardous Waste Id. - General	1,764*
Toxicity Characteristic (TC)	253
Wood Preserving Wastes	22
Listing of Used Oil	73
Fluff	2
Mercury-Containing Lamps	396
Radioactive Mixed Waste	42
Delisting Petitions	32
Hazardous Waste Recycling	3521
Generators	7421
Small Quantity Generators	212
Transporters	100
Exports/Imports	18
TSDF General	6151
Treatment	124
Storage :	140
Disposal	82
Siting Facilities	16
Capacity	9
Land Disposal Restrictions	8961
Permits and Permitting	, 268
Corrective Action	275
Liability/Enforcement	182
Test Methods	140
Health Effects	20
Combustion - General	109
Permitting	48
Tech. Standards/Combustion Units	40
Waste Minimization	53
Risk Assessment	21
Waste Minimization/Pollution Prevention 180
State Programs	129
Hazardous Waste Data	43
Military Munitions	14
SUBTITLE D
Household Hazardous Wastes	174
Subtitle D • General	3461
Siting Facilities	16
Combustion	82
Industrial Waste	25
Solid Waste Recycling - General	4151
Aluminum	15
Batteries	18
Glass	8
Paper	13
Plastics	39
Tires	20
Used Oil	148
Composting
Markets - General
Aluminum
Batteries
Compost
Glass
Paper
Plastics
Tires
Used Oil
Procurement General
Building Insulation
17
44
2
5
4
5
2
12
9
56
24
3
Cement/Cement Products with Fly Ash 3
Paper and Paper Products	6
Re-Refined Lubricating Oil	3
Retread Tires	3
Source Reduction/Pollution Prevention 34
Grant and Financing	5
OTHER WASTES
Ash	21
Bevill Amendment (Mining Waste)	. 10
Medical Waste	147
Oil and Gas	10
TOTAL	9/725*
*	Includes 2,859 RCRA document requests.
UST
General/Misc.	2521
Applicability/Definitions	108
Regulated Substances	19
Standards for New Tank Systems	28
Tank Standards and Upgrading	69
Operating Requirements	37
Release Detection	129
Release Reporting & Investigation	44
Corrective Action for USTs	109
Out-of-Service/Closure	59
Financial Responsibility	56
State Programs	39
Liability/Enforcement	41
LUST Trust Fund	22
TOTAL	1,012*
*	Includes 523 UST document requests.
22
I Hot topics for this month
a Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.

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January 1995
Call Analyses
EMERGENCY PLANNING AND	Special Topics:
COMMUNITY RIGHT-TO-KNOW	CAA § 112
General	54
General:	RMPs	83
General Title HI Questions	518	List of Regulated Substances 35
Trade Secrets	6	Federal Facilities Executive Order 59
Enforcement	35
Liability/Citizen Suits	6	TOTAL 4,215
Training	26	* Includes 1,382 Emergency Planning and Community
Chemical-Specific Information	32	Right-to-Know document requests
Notification Requirements	30
SERC/LEPC Issues	63	General/Misc.	237
EHSs/TPQs	79	Access & Information Gathering	20
Risk Communication/	Administrative Improvements
Hazards Analysis	21 General	39
Exemptions	13 Environmental Justice/Brownfields 2021
Emergency Release Notification (§304): SACM/Presumptive Remedies	83
General	37 Soil Screening Levels	152
Notification Requirements	49	Administrative Record	11
Reportable Quantities	99	ARARs	76
.CERCLA §103 vs. SARA §304	49	CERCLIS	87
ARIP/AHEDB/ERNS	7	Citizen Suits	12
Exemptions	14	Claims Against Fund	11
Hazardous Chemical Reporting	Clean-Up Costs	26
(§§311-312):	Cleari-Up Standards	95
General	139	Community Involvement	38
MSDS Reporting Requirements	111	Contract Lab Program (CLP)	25
Tier I/II Requirements	462	Contractor Indemnification.	6
Thresholds	194	Contracts	11
Hazard Categories	43	Definitions	6
Mixtures Reporting	53	Enforcement	32
Exemptions	62	Federal Facilities	24
Toxic Chemical Release Inventory (§313):	Hazardous Substances ,	132
General	207	HRS	37
Reporting Requirements.	256	Liability	49
Thresholds	151	Local Gov't Reimbursement	8
Form R Completion	319	Natural Resource Damages	8
Supplier Notification	76	[sjCP	40
NOTEs/NOSEs/NONs	27	Notification	32
Voluntary Revisions	. 29	NPL,	153'
Pollution Prevention 33/50	19	Off Site Rule	31
Public Access to Data	74	OSHA	7
TRI Database	66	PA/SI	22
Petitions	39	PRPs	20
TRI Expansion	301	RD/RA	13
Exemptions	64	Reauthorization	9
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.
23

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Call Analyses
January 1995
Remedial	95
Removal	27
RI/FS	35
Risk Assess./H'ealth Effects	54
ROD	63
RQ	12V
Settlements	20
SITE Program	26
State Participation	21
State Program	4
TAGs	6
Taxes	4
Special Topics
Oil Pollution Act	8
SPCC Regulations	7
Radiation Site Cleanup	27
TOTAL	2,378*
* Includes 921 Superfund document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS:	18,848
24
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.

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