EPA530-R-94-005f PB94-922 406 MONTHLY HOTLINE REPORT June 1994 RCRA/UST, Superfund, and EPCRA Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 4 Emergency Planning and Community Right-to-Know Act (EPCRA)... 5 New Publications Resource Conservation and Recovery Act (RCRA) 7 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 8 Other 9 Federal Registers Final Rules 11 Proposed Rules 12 Notices 13 Call Analyses Calls Answered 19 Caller Profiles 22 Hotline Topics 24 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 VanHook Jasperse U.S. Environmental Protection Agoncy Washington, DC 20460 Printed on Recycled Paper ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Technical Grade Solvent Formulations and the F003 Listing The F003 listing in 40 CFR §26131 includes "all spent solvent mixtureslblends containing, before use, only [certain specified] spent non-halogenated solvents." This language implies thai, to meet the hazardous waste listing, the solvent mixture must be pure before use (i£., contain 100% F003-listed solvents). In the process of manufacturing some of these solvents however, small amounts of chemical impurities or contaminants may be generated, and remain with the product when distributed for use. For example, incomplete chemical reactions which take place during xylene manufacturing commonly generate minute quantities of benzene and toluene; rather than being 100% pure, the distributed solvent product may therefore contain 99.98% xylene and 0.02% benzene and toluene, or other similar concentrations of impurities. Would a solvent formulation consisting of 99.98% xylene and 0.02% benzene and toluene meet the F003 listing when used for its solvent properties and discarded? A solvent fonnulation consisting of 99.98% xylene and 0.02% benzene and toluene meets the F003 listing when used for its solvent properties and discarded. The F003 listing covers pure solvent mixtures, as well as technical grade solvent formulations, which are used for their solvent properties. The term "technical grade" refers to all grades of a chemical which are marketed or recognized for general usage by the chemical industry. Solvent formulations containing de minimis percentages of manufacturing contaminants or impurities are considered technical grade products, provided that they are available for purchase and use in this form. Therefore, when determining if a given spent solvent mixture contains "only" the solvents specified in the F003 listing, generators should include in their evaluation each solvent constituent present in a mixture before use, provided that a particular solvent constituent is not a contaminant or present in de minimis concentrations (50 ER 53317; December 31, 1985). In other words, a technical grade solvent could contain small concentrations of contaminants or manufacturing impurities and still meet the F003 listing after being used for its solvent properties. In the example presented above, the commercially available solvent that contains 99.98% xylene and 0.02% benzene and toluene (as impurities from the manufacturing process) qualifies as a technical grade formulation. The technical grade solvent formulation, once spent, meets the F003 listing despite containing, before use, less than 100% of the non-halogenated solvents specified in the listing description. The purity of a technical grade formulation will vary from compound to compound and may range from highly purified to very impure. EPA has not established specific percentages or other criteria for use in determining when contamination is considered de minimis; such a decision must be made on a case-by-case basis by the appropriate regulatory agency. l ------- Hotline Questions and Answers June 1994 2. Biennial Reporting for Wastes Treated In Exempt Units In February 1993, a site generated 2,000 kg of hazardous waste, of which 1JS00 kg was a spent solvent classified as F001 and500 kg was characteristically ignitable (D001). The F001 was accumulated on-site in accordance with the §26234 generator standards and then shipped off-site for disposal. The D001 was piped directly to a wastewater treatment unit for subsequent discharge under a Clean Water Act permit (§270.1(c)(2)(v)). In order to determine RCRA hazardous waste generator status, and applicable regulations, the site's owner/operator must count hazardous waste generated in every calendar month. For example, a site which generates greater than 1,000 kg of hazardous waste in a calendar month is deemed large quantity and is subject to full generator standards, whereas a site which generates less than 100 kg is subject to the reduced regulatory requirements of §2615. In determining generator status, the site must count all wastes that are subject to the substantive standards related to storage, transportation, treatment, or disposal of hazardous wastes (51EK10153; March 24, 1986). In this situation, the F001 was subject to substantive regulation under §26234, therefore, the site counted the 1J00 kg in determining their generator status. The generator or owner/operator did not, however, count the 500 kg ofDOOl wastes, because this waste was not subject to substantive regulation (51 E& 10152; March 24,1986). Therefore, in February, the site was classified as a large quantity generator for the month and subject to all of the standards of Part 262, including the biennial reporting requirements of §262.41. The Biennial Report requires a description of the characteristics and quantity of hazardous waste generated during the reporting year. Must the site's Biennial Report address only wastes which are counted toward the generation rate, or must other wastes generated at the site, such as the D001, also be included? Although the D001 waste would not need to be counted in determining generator status, the owner/operator should identify this waste, as well as the F001 waste, on the Biennial Report form. The Biennial Report instructions specifically request generators to report on waste treated in exempt units, if the site is required to file a Biennial Report The Biennial Report data is frequently used by states to analyze the adequacy of hazardous waste management capacity and must, therefore, be comprehensive (1993 Hazardous Waste Report Instructions and Forms). 3. GNP v. GDP for Cost Adjustments Under RCRA The RCRA financial assurance regulations at §§264/5.142(b) require the owner or operator of a TSDF to provide financial assurance to cover closure and post-closure costs. The regulations require the owner or operator to calculate closure and post-closure cost estimates and adjust them annually by either recalculating the cost estimate in current dollars, or by multiplying the previous estimate by an inflation factor. The inflation factor is calculated by dividing the current Implicit Price Deflator (IPD) by the previous IPD. For those owner/operators who choose this method, must the inflation factor be calculated using the IPD based on Gross National Product (GNP), or may the IPD based on Gross Domestic Product (GDP) be used instead? 2 ------- June 1994 Hotline Questions and Answers Although §§264/5.142(b) specifies using an IPD based on GNP, EPA allows owners/ operators to update cost estimates using the annual IPD based on GDP. The IDP based on GDP produces similar results to the IDP based on GNP, however, the IDP based on GDP is available to owners/operators two months before the IDP based on GNP. The IDP based on GDP was not available at the time this regulation was issued. When financial assurance regulations were originally promulgated, the Department of Commerce used GNP figures to calculate the IPD, but in recent years has favored GDP as a basis for the IPD because the data better represent national output The IPD is a measure of the change in the relative nominal value of a dollar due to inflation as well as to changes in the compositioriofGNPijr GDPr Becanse ~ changes uTinflatioh'S^'afT^^w value of ar dollar, IPDs are used to accurately compare costs over time. Whichever type of deflator is used, be it the IPD based on GNP or GDP, the owner/operator must use only that type for all cost estimates and adjustments, since each deflator is based on different data. An owner/ operator may chopse to switch deflators, but must adjust previous cost estimates accordingly. Annual IPDs based on GNP are usually published by the Department of Commerce each March; annual IPDs based on GDP are published each January. In the interest of maintaining as accurate records as possible, the Department of Commerce reviews IPDs for the previous three years each August, making any changes to previous figures as necessary. Facilities'cost adjustments should reflect as soon as practicable any changes to previous IPDs as a result of this review. Annual IPDs since 1987 are as follows: GNP GDP 1987 100.0 100.0 1988 103.9 103.9 1989 108.5 108.5 1990 113.2 113.3 1991 117.7 117.7 1992 121.1 121.1 1993 124.1 124.2 4. Financial Assurance Cost Adjustments On a Quarterly Basis The financial assurance regulations of §§26415.142(b) require the owner/operator of a TSDF to annually adjust closure and post- closure costs. For a facility adjusting costs via implicit price deflator (IPD), the cost adjustments must be made within 60 days prior to the anniversary of the establishment of the facility's financial assurance (or within 30 days after the close of a facility's fiscal year for owner!operators using the financial test or corporate guarantee). If a facility's anniversary date of financial assurance (or fiscal year) does not coincide with the issuance of the annual IPD, how should the facility adjust its costs? If a facility's financial assurance anniversary date or fiscal year does not coincide with the issuance of the annual IPDs, the owner/operator may use the latest IPD (for example, if a facility must update their financial assurance in February of 1994, the facility may use the 1992 annual OPD, despite the time lag). The U.S. Department of Commerce usually publishes the annual IPD based on Gross National Product (GNP) in March, and the Gross Domestic Product (GDP) IPDs in February; the owner/operator may use either figure. Alternatively, the owner/ operator may use quarterly IPD figures published by the Department of Commerce, obtaining the inflation factor by dividing the current quarterly IPD by the IPD for the same 3 ------- Hotline Questions and Answers quarter in the previous year (e.g., divide first quarter 1994 by first quarter 1993). If a facility's anniversary date or fiscal year does not coincide with the issuance of the annual IPD, die facility may use the most current annual or quarterly IPD, however owner/ operators must be consistent in their use of either annual or quarterly IPDs to calculate the inflation factor. Some owner/operators may be required by their state regulations to update financial assurance cost estimates on a quarterly basis. . CERCLA 5. Consent Decrees: Assurance of Ability to Complete Work A potentially responsible party (PRP) enters into a consent decree with EPA to perform the remedial design and remedial action (RD/RA) at a Superfund site. A consent decree is a legally binding agreement, approved by a judge, which outlines the actions or payments to be provided by the settling party. Is the PRP required to show that funds will be available to finance the remediation? Section 104(a)(1) provides that EPA may allow a PRP to carry out a response action "[w]hen the President determines that such action will be done properly and promptly" by such PRP. One method that EPA utilizes to assure that a PRP will carry out the response action "property and promptly" is to require the PRP. to provide financial assurance of its ability to complete the work. For instance, pursuant to the terms of Section XIV of EPA's Model CERCLA Remedial Design/Remedial Action Consent Decree (56 E& 30096; July 8, 1991; OSWER Directive 9835.17), when EPA and a PRP enter into a consent decree for remedial design/remedial action (RD/RA), the settling defendants must provide a specified June 1994 amount of financial assurance within 30 days of entry of the consent decree into court records. The model RD/RA consent decree provides that the PRP may use: • a surety bond guaranteeing performance of the work • a letters) of credit equaling the total estimated cost of the work • a trust fund • a guarantee to perform the work by one or more parent corporations that have a substantial business relationship with at least one of the settling defendants • a demonstration that one or more of the settling defendants satisfy the RCRA financial test requirements in 40 CFR §264.143(f). The model RD/RA consent decree also provides that if EPA finds the financial assurances provided inadequate, the settling parties must obtain and present to EPA for approval one of the other forms of financial assurance listed above. Pursuant to Section XTV of the model, the inability of the settling defendants to demonstrate adequate financial assurance to complete the specified work, however, does not exempt them from performing any activities required under the consent decree (56 ER 31004). Although the presumption is that Regions will use the model RD/RA consent decree provisions, Regions have the flexibility to modify provisions of the model in developing the proposed consent decree in a particular case; Headquarter concurrence is required for some modifications. 4 ------- June 1994 Hotline Questions and Answers 6. Paint Mixing and the Consumer Product Exemption A store sells paint in five-gallon cans to the general public. Customers may purchase the paint as received from the manufacturer, or they may request a custom shade of paint. To attain the customer's desired shade, store employees will mix two or more base colors. This process involves opening the cans, mixing the colors together, and pouring the custom- made shade into a five-gallon can. EPCRA §§311 and 312 require facility owners and operators to report all hazardous chemicals as defined by 29 CFR §1910.1200(c) that exceed the applicable thresholds found in 40 CFR §37020(b). EPCRA §311(e)(3) excludes from the definition of hazardous chemical any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. For reporting under EPCRA §§311 and 312, will this paint qualify for the consumer product exemption found in EPCRA §311(eX3), or must the store owner or operator report on the custom-mixed paint since it is processed to achieve the final form purchased by the consumer? The paint is exempt from the definition of hazardous chemical under the consumer product exemption in 40 CFR §370.2 regardless of whether it is mixed on the premises or purchased by the consumer in the same form the store received it Any substance that is found in the same form and concentration as a product packaged for general distribution qualifies for this exemption (52 ER 38344,38348; October IS, 1987). Since both the manufacturer's premixed paint and the store's custom-made shades are in the same form and concentration as products packaged for distribution by the general public (indeed, they are in such products), none of the chemicals found in either type of paint are reportable under EPCRA §§311 and 312. 7. Notification Requirements for an Emergency Release on a Public Roadway The EPCRA emergency notification regulations require facility owners and operators to immediately report releases into the environment of extremely hazardous substances or CERCLA hazardous substances if the releases exceed specific reportable quantities (40 CFR §355.40(a)). The notification must be provided to the appropriate State Emergency Response Commission and Local Emergency Planning Committee, except in the event of a transportation-related release where only 911 notification is required. The EPCRA emergency notification requirements do not apply when a release generates no potential for exposure to persons outside the boundaries of a facility (40 CFR §355.40(a)(2Xi)). If there is a release from a facility onto a public roadway that runs through the facility, will that release be reportable? A release onto a public roadway must be reported under 40 CFR §355.40(a), since the release may result in exposure to persons outside the boundaries of the facility, (i.e., on the public roadway). A release is defined as "any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment" of designated substances (EPCRA §329(8)). The environment includes, "water, air and land" (EPCRA §329(2)). Therefore, a release into the environment, as 5 ------- Hotline Questions and Answers June 1994 defined in EPCRA §329, onto a public roadway is potentially a reportable release. There is, however, a limited exemption under EPCRA that does not require reporting of any release which results in exposure to persons solely within the boundaries of a facility (40 CFR §355.40(a)(2)(i)). The definition of facility includes "all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned and operated by the same person" (40 CFR §355.20). Since the public roadway is not owned or operated by the facility that spans it, the roadway itself is not part of the facility. As a result there is exposure to persons outside the facility. Therefore, the exemption for the reporting of releases that result in exposure to persons solely within the boundaries of a facility does not apply. 6 ------- NEW PUBLICATIONS HOW TO ORDER NHS Publications are available by calling (703) 487-4660, or writing NHS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTTS 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 Toil-Free No.: 800-553-7672 RCRA TITLE: "RCRA Policy Statement: Clarification of the Land Disposal Restrictions Dilution Prohibition and Combustion of Inorganic Metal-Bearing Hazardous Wastes" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-94-018 This report examines the extent to which wastes containing arsenic, lead, and mercury constituents are currently combusted, and profiles these practices based on the type of combustion facility and type of wastes burned. This report is the product of a study clarifying the application of the Land Disposal Restrictions (LDRs) dilution prohibition to the hazardous waste combustion strategy. The repent is based cm an analysis of Biennial Reporting System data. TITLE: "Sampling and Analysis of Municipal Refuse Incineration Ash, Draft" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-94-020 This document provides guidance to owners/ operators of municipal incinerators in designing plans to determine whether the ash that is generated exceeds toxicity characteristic levels. The document is divided into sections pertaining to sampling, analysis, strategies for evaluating samples, and quality assurance and quality control The sampling plan described in this document represents the Agency's current thoughts on what constitutes the minimum amount of sampling needed to determine the average property of the ash from the combustion of municipal refuse. TITLE: "Implementation Strategy of U.S. Supreme Court Decision in Citv of Chicago v. EPF. No. 92-1639 ( U.S. , May 2, 1994) for Municipal Waste Combustion Ash" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-94-021 This memo from Steven Herman and Elliott Laws to the Regional Administrators in Regions I-X, dated May 27,1994, provides .nfomation about the U.S. Supreme Court opinion on the interpretation of §3001(i) of RCRA. The court held that §3001(i) does not exempt ash generated at waste-to-energy facilities burning household wastes and nonh&urdous commercial wastes from the hazardous waste requirements of Subtitle C of RCRA. This memo summarizes the court interpretation and introduces the draft Sampling and Analysis of Municipal Refuse Incineration Ash document as guidance for the affected waste-to-energy facilities. ------- New Publications June 1994 TITLE: "Analysis of Potential Cost Savings and the Potential for Reduced Environmental Benefits of the Proposed Universal Waste Rule" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-94-023 This document was developed to support the proposed Universal Waste Rule. It includes analysis of current regulatory costs for generators and collection facilities and the potential environmental benefits of rule implementation. The three sections of the document include background information from the proposed rule, existing Subtitle C regulations and possible changes, and an analysis of whether the proposed rule would significantly reduce environmental benefits provided by the current regulations. TITLE: "RCRA Implementation Plan: Fiscal Year 1995; Addendum Containing Changes, Clarifications or Additions to FY 1994 R.LP." AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-94-025 This document provides additional information to supplement the RCRA Implementation Plan: Fiscal Year 1994. It describes the objectives and priorities EPA has set for the RCRA program, including discussions of waste minimization, environmental justice, corrective action, and biennial reporting. It contains information relevant to EPA Regions, states, and the regulated community. TITLE: "Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Wastes: A Guidance Manual" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 603 This guidance manual is designed to assist facility owners and operators, as well as other facility personnel, in preparing waste analysis plans and conducting waste analyses. It is divided into four parts; the first deals with waste analysis responsibilities at facilities; the second contains detailed guidance on documenting and conducting waste analyses; while part three includes a checklist to ensure that all responsibilities have been addressed. Part four contains five sample waste analysis plans that may be used as guides by facilities developing their own waste analysis plans. TITLE: "Inside the Hotline: A Compilation of 1993 Monthly Hotline Reports" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-127 966 This document contains a collection of the Monthly Hodine Reports generated by the RCRA/UST/EPCRA/Superfund Hotline in 1993. Specifically, the document includes questions and answers which have arisen from Hotline calls, as well as summaries of pertinent Federal Register notices. The questions are grouped and indexed by EPA program area, then further grouped by titles and regulatory topic areas. Keywords and regulatory citations are provided to facilitate quick reference. CERCLA TITLE: "U.S. EPA Contract Laboratory Program National Functional Guidelines for Organic Data Review" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 501 This document is designed to provide guidance on the Contract Lab Program's (CLP) organic analytical data evaluation and review procedures. The data review process provides information on the analytical limitations of data based on specific quality control (QQ criteria. This document is intended to assist in the technical review of data only, not in the determination of contract compliance. 8 ------- June 1994 New Publications OTHER TITLE: "Pollution Prevention in the Federal Government: Guide for Developing Pollution Prevention Strategies for Executive Order 12856 and Beyond" AVAILABILITY: Hotline^ EPA ORDER NO.: EPA300-B-94-007 Pursuant to Executive Order 12856, Section 3- 301, federal agencies are required to prepare pollution prevention strategies by August 1994. This document presents a framework to guide federal agencies in developing these strategies. It includes an overview of the legislation and policy that may affect pollution prevention plans and summarizes the resources, requirements, and programs available to federal agencies. TITLE: "OSWER Environmental Justice Tank Force Draft Final Report" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 224 In response to Administrator Carol Browner's announcement concerning U.S. EPA's pursuit of environmental justice. The Office of Solid Waste and Emergency Response (OSWER) issued a report outlining OSWER's plan for the implementation of environmental justice initiatives. Among the areas mentioned are the incorporation of environmental justice issues into siting decisions; the emphasis on external outreach, communications, and partnerships; and the integration of economic redevelopment and environmental justice. TITLE: "OSWER Environmental Justice Task Force Draft Final Report Executive Summary" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 225 This executive summary presents OSWER's main objectives in achieving Administrator Browner's pursuit of environmental justice as one of the U.S. EPA's top priorities. The full report is also available from NTIS as described above. TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly Subscription PB94-922 400 530-R-94-005 January 1994 February 1994 March 1994 April 1994 May 1994 June 1994 PB94-922 401 530-R-94-005a PB94-922 402 530-R-94-005b PB94-922 403 530-R-94-005C PB94-922 404 530-R-94-005d PB94-922 405 530-R-94-005e PB94-922 406 530-R-94-005f 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. 9 ------- 10 ------- FEDERAL REGISTERS FINAL RULES RCRA "Wastes from Wood Surface Protection; Correction" June 2,1994 (59 EB 28484) EPA corrected inaccurate references to the EPA publication S#846 Tea Metfiods for Evaluating Solid Waste. Phvsical/Chcmical Methods. This notice cgmcts.tfae final rule of January 4,1989 (59 E& 4S^iudis.e£fective June 2,1994. "New Mexico; Rnai Authorization of Revisions to State Hazardous Waste Management Program" June 9,1994 (59 EB 29734) EPA intends to approve New Mexico's hazardous waste program revisions under RCRA. Final authorization will be effective August 23,1994, unless EPA publishes a prior action withdrawing this immediate final rule. Comments must be received on or before July 25,1994. "Illinois; Final Authorization of Revisions to State Hazardous Waste Management Program" June 14,1994 (59 EB 30525) EPA intends to approve Illinois' hazardous waste program revisions under RCRA. Final authorization will be effective August 15,1994, unless EPA publishes a prior action withdrawing this immediate final rule. Comments must be received on a-before July 14,1994. "Kansas; Final Authorization of Revisions to State Hazardous Waste Management Program" June 14,1994 (59 EB 30528) EPA intends to approve Kansas' hazardous waste program revisions under RCRA . Final authorization will be effective August 15,1994, unless EPA publishes a prior action withdrawing this immediate final rule. Comments must be received on or before July 14,1994. "North Carolina; Final Authorization of Revisions to State Hazardous Waste Management Program" June 23,1994 (59 EB 32377) EPA intends to approve North Carolina's hazardous waste program revisions under RCRA. Final authorization will be effective August 22,1994, unless EPA publishes a prior action withdrawing this immediate final rule. Comments must be received on or before July 25,1994. il ------- Federal Registers June 1994 RCRA/OUST "Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Underground Storage Tanks, and Underground Injection Control Systems; Financial Assurance" June 10,1994 (59 EB 29958) EPA amended die financial assurance regulations under RCRA Subtitles C and L The rule modifies language required to secure a letter of credit to demonstrate financial assurance. The rule is effective August 9,1994. EPCRA 'Toxic Chemical Release Reporting; Barium Sulfate" June 28,1994 (59 EB 33205) EPA deleted barium sulfate from the category "barium compounds" on the list of toxic chemicals subject to reporting under EPCRA §313. This rule relieves facilities of their obligation to repot releases of barium sulfate that occurred during 1993, and releases that will occur in the future. This rulei&effective June 28,1994. PROPOSED RULES RCRA "RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures" June 2,1994 (59 EB 28680) EPA proposed to amend RCRA regulations governing the permitting of hazardous waste management facilities. The proposed rule expands the opportunities for public involvement by allowing public participation during more portions of the permitting process than are currendy allowed. The rule also proposes to amend procedures for interim status combustion facilities. Comments must be submitted on or before August 1,1994. "Hazardous Waste Management System; Recycling Regulatory Program" June 20,1994 (59 EB 31568) EPA announced that additional data supporting the universal wastes proposed rule of February 11,1993 (58 FR 8102). will be made available for public comment. Comments on this new data must be submitted on or before My 20,1994. 'Technical Clarification Pertaining to Regulations for Boilers and Industrial Furnaces (BIFs)" June 21,1994 (59 EB 31964) EPA proposed a minor amendment to RCRA BIF regulations. The amendment would add certain mercuiy-bearing wastes to the list of wastes that can be burned in metal-recovery furnaces without triggering BIF requirements. Comments must be submitted on or before July 12,1994. OUST "Underground Storage Tanks (USTs); Lender Liability" June 13,1994 (59 EB 30448) EPA proposed to limit the regulatory obligations of persons maintaining indicia of ownership in a petroleum UST or UST system primarily to protect a security interest The Agency proposed conditions under which certain security interest holders may be exempted from RCRA Subtitle I corrective action, technical, and financial responsibility regulatory requirements 12 ------- June 1994 Federal Registers that apply to a UST owner and operator. Comments must be submitted on or before August 12,1994. EPCRA 'Toxic Chemical Release Reporting; Copper Monochlorophthalocyanine Pigment" June 6,1994 (59 EB 29252) EPA proposed to grant a petition to delete Color Index (CL) Pigment Blue 15:1 from the "copper compounds" categcuy erf the list of toxic chemicals subject to repeating under §313. Comments must be submitted on or before August 5,1994. RCRA "Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management Facilities" June 2,1994 (59 EB 28504) EPA announced the availability of a revised draft Regulatory Impact Analysis prepared by the Agency for the proposed RCRA requirements for corrective action for SWMUs hazardous waste management facilities. Comments most be submitted on or before July 18,1994. "Hawaii, Final Determination of Adequacy of State/Tribal Municipal Solid Waste Permit Program1* June 2,1994 (59 EB 28523) Pursuant to RCRA §4005(c)(lXC), EPA gave notice of a final determination of full program adequacy for Hawaii's municipal solid waste landfill permit program. The determination of adequacy is effective June 2,1994. "South Dakota; Extension of Comment Period for Municipal Solid Waste Landfill Permit Program" June 2,1994 (59 EB 28524) EPA extended the comment period for potions of South Dakota affected by the tentative determination of adequacy for a state/tribal municipal solid waste landfill permit program, published April 7,1994 (59 ER16647). Comments must now be submitted on or before July 1,1994. "Consent Decree; Silverstone Plating Company, Inc." June 2,1994 (59 EB 28565) A Consent Decree in United Stales v. fiilvCTstnng CWTfflnv- Inc.. was lodged with the U.S. District Court for die Eastern District of Michigan on May 13,1994. The decree requires Silverstone to pay $1,000 in fines for RCRA violations at a facility in Ypsilanti, Michigan. Comments will be received for a period of 30 days from the date of publication. "Extension of Date for Submission of Part A Permit Applications for Facilities Managing Ash from Waste-to-Energy Facilities" June 7,1994 (59 EB 29372) Pursuant to 40 CFR §270.10(eX2), EPA extended the deadline for filing permit applications for facilities managing ash from waste-to-energy Facilities. The extension is effective June 7,1994. 13 ------- Federal Registers June 1994 NOTICES "Definition of Solid Waste and Hazardous Waste Recycling; Open Meeting" June 9,1994 (59 EB 29750) EPA gave notice of a public meeting on revising die regulatory definition of solid waste under RCRA. The meeting will take place on June 23,1994, in Washington, DC "Pennsylvania; Final Determination of Adequacy of State/Tribal Municipal Solid Waste Permit Program" June 9,1994 (59 EB 29804) Pursuant to RCRA §40Q5(cX1XQ> EPA gave notice of a final determination of partial program adequacy for Pennsylvania's municipal solid waste landfill permit program. The determination of adequacy is effective June 9, 1994. "Ohio; Final Determination of Adequacy of State/Tribal Municipal Solid Waste Permit Program" June 13,1994 (59 EB 30353) Pursuant to RCRA §4005(cXlXQ> EPA gave notice of a final determination of full program adequacy for Ohio's municipal solid waste landfill permit program. The determination of adequacy is effective June 13,1994. "Ash From Municipal Solid Waste Combustion" June 23,1994 (59 EB 32427) EPA announced the availability of draft guidance entitled Sampling and Analysis of Municipal Refuse Incineration Ash, dated May 20,1994. Comments must be submitted on or before September 21,1994. "Consent Decree; MerrftTs Mobile Manor" Jgne 27,1994 (59 EB 33008) A Consent Decree in United States v. Rov L. Meiritt. et aL. was lodged with the U.S. District Court for the District of Wyoming on June 21, 1994. The decree requires the defendants to provide safe drinking water to the residents of Merritt's Mobile Manor in Tongue Point, Oregon- Comments will be received for a period of 30 days from the date of publication. RCRA/Bureau of Land Management "Final Environmental Impact Statement and Proposed Land Use Plan Amendment; Notice of Availability" June 24,1994 (59 EB 32711) EPA announced the availability of the final environmental impact statement and proposed land use plan amendment fey the proposed Twin Falls County Solid Waste Facility. Comments must be received on or before August 5,1994. RCRA/CERCLA "Consent Decree; Queen City Farm Site" June 2,1994 (59 EB 28565) A Consent Decree in United States v. Boeing Company, was lodged with the U.S. District Court for the Western District of Washington cm May 16,1994. The decree requires Boeing to reimburse EPA $566,027 for response costs and hazardous waste disposal violations with the Queen City Farm Site in Maple Valley, Washington. Comments will be received for a period of 30 days from the date of publication. 14 ------- June 1994 Federal Registers "Proposed Settlement; Valley Steel Site" June 14,1994 (59 EB 30604) EPA proposed to enter into a settlement under CERCLA and RCRA. The settlement resolves claims against Valley Steel Products Company, Inc., for violations at the Valley Steel Site in Louisiana, Missouri. Comments will be received for a period of 30 days from the date of publication. CERCLA "Consent Decree; California Gulch Site" June 2,1994 (59 EB 28564) A Consent Decree in United Stales v. Apache Enerpv & Minerals Co.. et al.. was lodged with the U.S. District Court for the District of Colorado on May 16,1994. The decree requires the defendants to reimburse EPA for costs incurred in connection with the California Gulch Site in Leadville, Colorado. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; California Gulch Site" June 2,1994 (59 EB 28564) A Consent Decree in United States v. Apache Energy & Minerals Co.. et aL. was lodged with the U.S. District Court for the District of Colorado on May 6,1994. The decree requires Hecla Mining Company to reimburse EPA $616,000 for response costs incurred in connection with the California Gulch Site in Leadville, Colorado. Comments will be received for a period of 30 days from the date of publication. "Proposed Settlement; SAPP Battery Company Site" June 7,1994 (59 EB 29429) EPA proposed to enter into a de minimis settlement under CERCLA § 122(g). The settlement resolves claims against 15 parties fen1 reimbursement of response costs in connection wit die SAPP Battery Company Site in Jackson County, Florida. Comments will be received for a period of 30 days from the date of publication. "Proposed Settlement; Bypass 601 Groundwater Contamination Site" June 10,1994 (59 EB 30001) EPA proposed to enter into a de minimis settlement under CERCLA § 122(g). The settlement resolves claims against parties for reimbursement of response costs in connection with the Bypass 601 Groundwater Contamination Site in Concord, North Carolina. Comments will be received for a period of 30 days from the date of publication. "Report to Congress on Programs Toward Implementing Suoerfund Fiscal Year 1991: Notice of Availability" June 10,1994 (59 EB 30002) EPA announced the availability of the Agency's Progress Toward Implementing Siroerfund: Fiscal Year 1991. which is required by CERCLA § 301(h). The Report to Congress includes information on overall progress, and includes specific information concerning feasibility studies, treatment technologies, the number of facilities subject to review, and completing CERCLA's implementation. 15 ------- Federal Registers June 1994 NOTICES "National Priorities List (NPL); Yakima Rating Site" June 15,1994 (59 EB 30752) EPA intends to delete the Yakima Haling Site in Yakima, Washington, from the NPL. This action is being taken because EPA and the State of Washington have determined that no further action is appropriate under CERCLA. Comments must be submitted on or before July 15,1994. "Consent Decree; M.T. Richards, inc. Site" June 23,1994 (59 EB 32462) A Consent Decree in United States v. St Pierre Co.. Inc.. et aL. was lodged with the U.S. District Court for the Southern District of Illinois on June 1,1994. The decree requires the defendants to reimburse EPA $27,127 for costs incurred in connection with the MT. Richards, Inc. Site in Indiana. Comments will be received for a period of 30 days from the date of publication. "National Priorities List (NPL); North U Drive Well Contamination Site" June 24,1994 (59 EB 32673) EPA intends to delete the North U Drive Well Contamination Site in Green County, Missouri, from the NPL. This action is being taken because EPA and the State of Missouri have determined that no further CERCLA action is appropriate. Comments must be submitted on or before July 25,1994. "Stipulation; Rose Hill Site" June 29,1994 (59 EB 33544) EPA gave notice of a stipulation under CERCLA. The stipulation requires the defendants to reimburse EPA $700,000 for costs incurred in connection with the Rose Hill Site in South Kingston, Rhode Island. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; Midwest United industries, Inc. Site" June 30,1994 (59 EB 33785) A Consent Decree in United States v. Textron Inc.. was lodged with the U.S. District Court for the Southern District of Ohio on June IS, 1994. The decree requires the defendant to reimburse EPA $33,578 for costs incurred in connection with the Midwest United Industries, Inc. Site in Greenville, Ohio. Comments will be received for a period of 30 days from the date of publication. CERCLA/DOI "Natural Resource Damage Assessments" June 22,1994 (59 EB 32175) The Department of the Interior extended the . omment period for the proposed rule concerning natural resource damage assessments published - m May 4,1994 (59 ER 23097). Comments must received cm or before October 7,1994. CERCLA/IRS 'Tax on Certain Imported Substances; Notice of Determination" June 17,1994 (59 EB 31297) The Internal Revenue Service announced that the list of taxable substances at §4672(a)(3) of the Internal Revenue Code will be modified to include dimethyl terephthalate. This modification is retroactive, effective April 1, 1992. 16 ------- June 1994 Federal Registers NOTICES* 'Tax on Certain Imported Substances; Policy and Technology on July 7 and 8,1994, in The Internal Revenue Service announced that submitted on or before July 1,1994. the list of taxable substances at §4672(a)(3) of the Internal Revalue Code will be modified to include glycerine and phenol This modification is retroactive, effective January 1,1991. 'Tax on Certain Imported Substances; Notice of Determination" June 17,1994 (59 EB 31299) The Internal Revenue Service announced that the list of taxable substances at §4672(a)(3) will be modified to include tetrahydrofuran and 1,4- butanedioL This modification is effective October 1,1994. OUST "Kansas; Final Approved of State Underground Storage Tank (UST) Program" June 6,1994 (59 EB 29201) EPA gave notice that the State of Kansas has received final approval to operate its underground storage tank program under RCRA SubddeL Final approval will be effective July 6. 1994. EPCRA 'Toxic Data Reporting Subcommittee; Public Meeting" June 10,1994 (59 EB 30001) EPA gave notice of a two-day meeting of the Toxics Data Reporting Subcommittee of the National Advisory Council for Environmental Notice of Determination" June 17,1994 (59 EB 31298) Washington, DC The subcommittee will discuss issues regarding the Agency's Toxic Release Inventory program. Comments must be 17 ------- 18 ------- nmm CALL ANALYSES CALLS ANSWERED BY HOTLINE June Dally Volume* 600 -r 500 • • « g 400 ¦ • o EPCRA and Superfund ~ 300 a / A rj\ V - RCRA/UST _ 12o« tv—v/,_' •>' — [ii 100 / Documents H—I—I 1—I—I—I—I—h -I—I—I—h —I—I—I—I—I I 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 Day Year to Date* RCRAAJST EPCRA and Superfund Documents (All Program Areas) Month Cumulative Month Cumulative Month Cumulative January 5.843 5,843 January 4.418 4,418 January 4,050 4,050 February 5,069 10,912 February 6,835 11,253 February 4,095 8,145 March 6,059 16,971 March 7,203 18,456 March 4,081 12,226 Aoril 4,535 21.506 Aoril 6.114 24.570 Aprtt 3,203 15.429 May 4,802 26,308 May 7,944 32,514 May 3,800 19,229 June 6.324 32.632 June £.414 49,*$ &£ 4.915 24,144 •All calls answered by the CaD Management System, the Message Retrieval Line, and the Document Retrieval Line. 19 ------- Call Analyses June 1994 questions'answered by type June Daily Volume* 1200 Regulatory 1000 119,3351 at e o 800 600 O k. 2 E 3 Z 400 Docuirent 5,404 200 Referral 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 Day Year to Date* Regulatory Document Referral January Month Cumulative January Montn Cumulative January Month Cumulative 12,042 12,042 4,353 4,353 768 768 February 12,609 24,651 February 4,528 8,881 February 1,288 2,056 March 15.947 40.598 March 4.789 13,670 March 1,954 4,010 April 13,686 54,284 April 3,931 17,601 April 1,482 5.492 May 15,514 69,798 Mat/ IWCbj 4,346 21,947 May 1.763 7,255 June 19,335 89,133 June 5,404 27,351 JUne 1,669 8,924 * AH questions answered by the CaQ Management System, the Message Retrieval Line, and the Document Retrieval Line. A single call may include multiple questions combined with document requests and referrals. 20 ------- June 1994 Call Analyses QUESTIONS ANSWERED BY PROGRAM AREA June 1994* (10.757) 'Based on 24,739 questions and excludes 1,669 referrals made from both Hotfines. Includes the Message Retrieval Une and the Document Retrieval Line. Year to Date* January RCRA UST EPCRA Superfund Month Cumulative Month Cumulative Month Cumulative Month Cumulative 57% (9.394) 57% (9.394) 4% (668) 4% (668) 25% (4,100) 25% (4.100) 14% (2,223) 14% (2.223) February 51% (8,788) 54% (18,182) 5% (831) 5% (1,499) 29% (4.923) 27% (9.023) 15% (2,595) 14% (4.818) March 54% (11.149) 54% (29,331) 5% (993) 5% (2,492) 27% (5.588) 27% (14,611) 14% (3,006) 14% (7.824) April 49% (8,708) 53% (38,039) 5% (857) 5% (3,349) 31% (5.509) 28% (20,120) 15% (2,543) 14% (10.367) May 47% (9,334) 52% (47,373) 4% (791) 4% (4,140) 37% (7.386) 30% (27,506) 12% (2.349) 14% (12.716) June 43% (10,757) 50% (58,130) 4% (932) 4% (5,072) 45% (11,042) 33% (38,548) 8% (2,008) 13% (14,724) 21 ------- Call Analyses June 1994 CALLER PROFILE RCRA/UST Hotline Regulated Community 6,242 Citizens 286 State & Local Govt/Native American 258 Federal Agencies 227 Educational Institutions 135 EPA 95 Media 7 Interest Groups 18 Congress 2 International 7 Other 109 Referrals* 1,149 Document Retrieval Line* 289 Message Retrieval Line41 301 TOTAL 9,125 State & Local Govt J Native American Federal Agencies Citizens 4% All Others 5% Regulated Community 85% * No caller profile data available. 22 ------- June 1994 Call Analyses Emergency Planning and Community Rlght-to-Know/ Superfund Hotline Manufacturers Consultants/Engineers 3,316 Attorneys 620 Food/Tobacco 140 Citizens 269 Textiles 105 Public Interest Groups 62 Apparel 60 Educational Institutions 99 Lumber & Wood 102 EPA 98 Furniture 124 Federal Agencies 160 Paper 148 GOCOs 10 Printing & Publishing 138 Congress 1 Chemicals 647 State Officials/SERCs 51 Petroleum & Coal 193 Ixical Officials/LEPCs 53 Rubber and Plastics 91 Fire Departments 4 Leather 98 Hospitals/Laboratories 29 Stone, Clay & Glass 169 Trade Associations 11 Primary Metals 336 Union/Labor 0 Fabricated Metals 652 Fanners 8 Machinery (Excluding Electrical) 166 Distributors 26 Electrical &Electronic Equipment 181 Insurance Companies 4 Transportation Equipment 159 Media/Press 17 Instruments 96 Native Americans 0 Misc. Manufacturing 563 International 10 Other 270 Referrals* 520 Subtotal 4 ,168 Document Retrieval Line* 28 Message Retrieval Line* 694 TOTAL 10,528 Citizens Attorneys 00/ All Others 10%^ Consultants/ Engineers * No caller profile data available. 36% 23 ------- Call Analyses June 1994 HOTLINE TOPICS RCRA Ash 20 Mining Wastes, Bevill 18 Medical Wastes 93 Oil and Gas 3 Subtitle C (General) 603 Hazardous Waste Id. (General) Toxicity Characteristic 91 Wood Preserving 17 Listing of Used Oil 69 Huff 1 Radioactive Mixed Waste 38 Delisting Petitions 25 Hazardous Waste Recycling 313* Generators 7631 Small Quantity Generators 230 Transportation/Transporters 93 TSDFs General 374 TSDFs Siting Facilities 9 TSDFs Capacity 9 TSDFs Treatment 95 TSDFs Burning 162 TSDFs Storage 79 TSDFs Disposal 61 Land Disposal Restrictions 6641 Permits and Permitting 131 Corrective Action 225 Financial Liability/Enforcement 120 Test Methods 132 Health Effects 25 Waste MiniPollution Prevention 3191 State Programs 75 Hazardous Waste Data 48 Household Hazardous Waste 180 Subtitle D (General) 667u Siting Facilities 20 Combustion 2781*3 Industrial Waste 6 Composting 25 Source Reduction/Poll. Prev. 41 Grants & Financing 14 Procurement (General) 136 Building Insulation 1 Cement & Products with Fly Ash 13 Paper & Paper Products 5 Re-refined Lubricating Oil 2 Retread Tires 5 Solid Waste Recycling (General) 418w Aluminum 6 Batteries 21 Glass 8 Paper 6 Plastics 21 Tires 12 Used Oil 188 Markets (General) 31 Aluminum 5 Batteries 2 Compost 12 Glass 2 Paper 0 Plastics 7 Tires 6 Used Oil 23 RCRA General 2,0885 TOTAL 10,757* • Includes 2,130 RCRA document requests. UST General/Misc. 2311 Applicability/Definitions 95 Regulated Substances 34 Standards for New Tank Systems 29 Tank Standards and Upgrading 32 Operating Requirements 27 Release Detection 34 Release Reporting & Investigation 28 Corrective Action for USTs 1096 Out-of-Service/Closure 31 Financial Responsibility 63 State Programs Liability/Enforcement 25 1831*7 LUST Trust Fund 11 TOTAL 932* * Includes 357 UST document requests. 24 1 Hot topics for this month. Includes 58 image retrievals for information on the public meeting on alternatives for groundwater monitoring at small, dry, and remote municipal solid waste landfills. Includes 25 document retrievals aad 142 message retrievals for Information on municipal waste combustor ash issues. 'Includes 30 document retrievals for die Spring 1994 edition of "Reusable News." Includes 83 document retrievals for "The Catalog of Hazardous and Solid Waste Publications" and 10 document retrievals for Information on "Inside the Hotline." Includes 36 document retrievals for "An Overview of UST Remediation Options." TIncludes 15 document retrievals i 91 message retrievals for information on the prop UST lender liability rule. ¦ Topics are calculated as the summation of all questions received by the Hot! . A single call may result in multiple questions. ------- June 1994 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title m Questions 330 Trade Secrets 8 Enforcement 71 Liability/Citizen Suits 6 Training 19 Chemical-Specific Information 65 Emergency Planning (§§301-303): General 104 Notification Requirements 29 SERCVLEPC Issues 18 EHSs/TPQs 36 Risk Communication/ Hazards Analysis 18 Exemptions 3 Emergency Release Notification (§304): General Notification Requirements Reportable Quantities CERCLA §103 vs. SARA §304 ARIP/AHEDB/ERNS Exemptions Hazardous Chemical Reporting (§§311-312): General MSDS Reporting Requirements Tier VII Requirements Thresholds Hazard Categories Mixtures Reporting Exemptions 247* 54 87 25 2 8 103 59 183 10 14 20 Toxic Chemical Release Inventory (§313) General Reporting Requirements Thresholds Form R Completion Supplier Notification NOTEs/NONs Voluntary Revisions Pollution Prevention 33/50 Public Access to Data TRI Database Petitions TRI Expansion Exemptions l,144l 7871 7761 5,279* 23 23 142 2004 113 66 68 76 4741 Call Analyses Special Topics: CAA §112 General 74 RMPs 90 List of Regulated Substances 73 Federal Facilities Executive Order 73 TOTAL 11,042 * Includes 2,176 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. Access & Information Gathering Administrative Record ARARs CERCLIS Citizen Suits Claims Against Fund Clean-Up Costs Clean-Up Standards Community Relations Contract Lab Program (CLP) Contractor Indemnification Contracts Definitions Enforcement Federal Facilities Hazardous Substances HRS su Local Gov't Reimbursement. ^. tyftuiil Rte&ufce .Damaees^ ^ ncp^ 'fam f^6tificationj,/A, ^ NP OSHA PA/SI PRPs RD/RA Reauthorization Remedial Removal RI/FS Risk Assess./Health Effects ROD RQ 226 6 6 54 114 14 8 23 51 32 16 5 8 31 35 26 109 13 54 14 11 20 40 2041 12 17 11 24 9 41 101 43 61 69 47 1991 1 Hot topics for this month. Includes 144 message retrievals and 28 document retrievals for Information on the Hazardous Materials Spills Conference. Includes 450 message retrievals for information an the 1993 TRI Form R reporting package. Includes 144 message retrievals for Information on the Promoting Pollution Prevention Voluntary Initiatives Conference. *Topks are nlrolitfd as the summation of all questions received by the Hotline. A single call may result In multiple questions. 25 ------- Call Analyses June 1994 SACM 25 Settlements 13 SITE Program 23 State Participation 5 State Program 3 TAGs 5 Taxes 9 Special Topics Oil Pollution Act 75 SPCC Regulations 14 Radiation Site Cleanup 82 TOTAL 2,008* * Includes 791 Superfund document requests. TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 26,408 US ERA Headquarters and Chemical Libraries ERA West Bidg Room 3340 MaHcode3404T 1301 Constitution Ave NW Waahtogion DC 20004 202-566-0656 26 "Topics arc calculated as the summation of all questions received by tte Hotline. A single call may result in multiple questions. ------- |