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WASHINGTON, D.C. 20460
| UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
*'¦<1 PHO^
FEB I 3 1986
OFFICE OF
SOLID WASTE AND EMERGE \C V RESPONSE
MEMORANDUM
SUBJECT: RCRA/Superfund Hotline Status Report - December 1985
FROM: Carolyn Barley, Project Officer
Office of Solid Waste (382-2217) V
Nancy Parkinson, Project Officer
Office of Emergency and Remedial Response-^ 382-2198)
TO: See addressees
I. ACTIVITIES
A. The Hotline responded to 6,483 questions and requests for documents in
December.
B. Cn December 2, Kim Gotwals and Jim Ginley of the Hotline attended a
public hearing sponsored by the Department of Energy regarding proposed
clarification of the term "byproduct material" as published in the
November 1, 1985, Federal Register (50 FR 45736).
C. Cn December 6, Dave Phillips of the Hotline briefed the Hotline on the
guidance document titled "Construction Quality Assurance for Hazardous
Land Disposal Facilities," EPV530-SW-85-021, October 1985.
D. Donna Armstrong has taken the position of document clerk at the Hotline.
II. REGIONAL ACTIVITIES: SUPERFUND INFORMATION SERVICES
A. Region II (In New York, 800-732-1223 or In New Jersey, 800-346-5009)
o Josh Blocm responded to 48 inquiries in Dscember.
o The information service has been advertised at three Superfund sites.
No new advertising occurred in December.
o Josh spent a significant amount of time on Region II's Chemical
Elrtergency Preparedness Program (CEPP). This effort includes providing
Region II support in developing the CEPP feedback conference planned
for March, which involves State and local personnel.
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o The breakdown of calls by subject is as follows
CEPP - 36
Radon site - 5
CERCLA/RCRA - 7
- 36
o The breakdown of callers is as follows:
General Public
Environmental Organizations
Industry
Press
Federal Government
State Government
Local Government
Other
16
2
9
6
5
5
2
3
B. Region IX (800-231-3075)
o Peter Werner responded to 42 inquiries in December.
o Nancy Alvarado is the new Region IX Information Specialist.
o The information service has been advertised at four Superfund sites.
o Two NPL updates that included the toll-free number were sent out in
December. These updates include information on the following sites:
1) Alviso, CA Ccrmunity Meeting (12/12/85)
2) Montrose, CA (12/16/85)
o Peter provided support in mailing out over 800 Chemical Bnergency
Preparedness Program (CEPP) guidance packages.
o The breakdown of calls by subject is as follows:
Superfund Sites - 21
CERCLA/RCRA - 17
CEPP - 4
o The breakdown of callers is as follows:
General Public - 13
Environmental Organizations - 1
Industry - 16
Press - 0
Federal Government - 1
State Government - 1
Local Government - 3
Consultants - 3
Other - 4
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SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
UST Notification
1. Propane, a gae at standard temperature and pressure, is compressed and stored
in an underground storage tank. Must the owner/operator of this tank follow
the notification requirements of §9002(a)(l) of the Solid Waste Disposal Act,
as amended, and 40 CFR 280.1(b) as published in the July 15, 1985, Federal
Register (50 FR 28755)?
The owner/operator of an underground storage tank must notify the State of
the tank's existence, if the tank contains a regulated substance as defined
in §9001(2) of RCRA, as amended. Regulated substance means any substance
defined in §101(14) of CERCLA (but not including any substance regulated as
a hazardous waste under Subtitle C of RCRA) and petroleum, including crude
oil or any fraction thereof which is a liquid at standard temperature and
pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
Since propane is neither on the CERCLA hazardous substances list (see 50
FR 13495) nor a liquid at standard temperature and pressure, it does not
fall into the category of regulated substance. The owner/operator would
not have to notify in this instance.
Source: Pam Harris (202) 382-4453
burning and Blending
2. The final burning and blending rule was published in the November 29, 1985,
Federal Register (50 FR 49164). Will the rule be effective in all States at
the same time, or will it go into effect at different times depending on the
phase of State authorization?
Section 228 of the Hazardous and Solid Waste Mendments of 1984 (HSWA)
states that regulations promulgated pursuant to HSWA take effect in each -
State at the same time, regardless of the phase of State authorization.
Section 204 of HSWA addresses the burning and blending of hazardous wastes.
Therefore, the portion of the November 29, 1985, rule that addresses
burning and blending of hazardous waste is effective in all States at the
same time because it was promulgated pursuant to HSWA. The effective dates
of the November 29, 1985, final rule are presented at 50 FR 49164. The
effective dates vary according to three areas, including the prohibitions,
storage controls, and all other provisions.
The November 29, 1985, final rule also regulates burning and blending of used
oil. If used oil is listed as a hazardous waste under §3001 of RCRA (as
proposed at 50 FR 49250), the regulations addressing the burning and blending
of used oil would then become part of the RCRA hazardous waste program.
States would then be required to incorporate the regulations into their
hazardous waste programs just as they would with any other change of the
federal regulations. Until that occurs, however, the portion of the
November 29, 1985, final rule that addresses burning and blending of used
oil is effective in all States at the same time because it was promulgated
pursuant to the Used Oil Recycling Act of 1980 (Section 3014(a) of the Solid
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Waste Disposal Act, as amended). Regulations promulgated pursuant to the
Used Oil Recycling Act apply in all States as Federal law and operate
independently of Sections 3001 and 3006 of the Solid Waste Disposal Act,
as amended. States are not required to adopt provisions promulgated
pursuant to the Used Oil Recycling Act. These provisions are enforced in
all States by U.S. EPA.
Sources - Bob Holloway (2(12) 382-7917
Satellite Accumulation
3. Section 262.34(c) codifies the satellite accumulation provision promulgated in
the December 20, 1984, Federal Register (49 FR 49568). This provision allows
a generator to accumulate up to 55 gallons of hazardous waste (or one quart of
acutely hazardous waste) in containers at or near any point of generation
without a storage permit or interim status, and without complying with the
provisions of §262.34(a) and (b). Does this provision allow the generator
three days after the accumulation limit is exceeded to transport the excess
waste to the designated 90-day storage area? When does the 90-day storage
period begin, the day the accumulation limit is exceeded or the day the waste
arrives in the designated §262.34 storage area?
The satellite accumulation provision in 262.34(c) allows the generator three
days after the 55-gallon accumulation limit is exceeded to transport the
excess waste to the §262.34(a) storage area. Section 262.34(c) states that
a generator who accumulates waste in excess of the accunulation limits "must,
with respect to the amount of excess waste, comply within three days with
paragraph (a) of this section or other applicable provisions of this
chapter." Section 262.34(a) states that "a generator may accumulate
hazardous waste on-site for 90 days or less without a permit or interim
status provided that the requirements of §262.34 (a)(l)-(4) are met."
Thus, within three days of accumulating over 55 gallons, the generator is
required to comply with all applicable RCRA requirements with regard to
that excess, including §262.34(a). The 90-day storage period begins as
soon as the three day period has expired when the excess amount beccmes
subject to the §262.34(a) requirements.
Source: Chaz Miller (202) 382-2220
UST and Used Oil
4. Section 9002(a) of the Solid Waste Disposal Act (SWDA), as amended, mandates a
regulatory program for underground storage tanks holding regulated substances.
Petroleum is a regulated substance. Is the owner/operator of an underground
storage tank holding used oil destined for reclamation required to notify?
Yes; underground tanks storing used oil are subject to the notification
requirements pursuant to SWDA §9002(a). Under the new Subtitle I of the
SWEA, EPA has jurisdiction over tanks containing petroleum substances
regardless of whether these substances are being stored as products,
solid or hazardous wastes, or as used materials intended to be reused,
recycled, or reclaimed. Thus, the owner/operator of an underground tank
storing used oil must report to the designated State agency by May 8,
1986. The final rule promulgated on January 4, 1985, (50 FR 614) excluded
used oil destined for reclamation from certain requirements promulgated
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under Subtitle C of the SWDA applicable to hazardous wastes. This exclusion
frcm Subtitle C requirements, however, does not waive the Subtitle I
requirements. Accordingly, owners and operators of underground storage
tanks storing used oil that is intended to be used, reused, recycled, or
reclaimed are subject to the notification requirements of SWE& §9002(a).
Source: __ Louise Wise (202) 382-7703
Used Oil as Dust Suppressant
5. Can EP-toxic waste oil which has not been mixed with hazardous waste be used
for dust suppression purposes?
Yes; 261.6(a)(3)(iii) currently exempts waste oil exhibiting a charact-
eristic from regulation under Parts 262-266, 124, and 270 when the used oil
is being recycled. Therefore, waste oil which exhibits a characteristic
and which has not been mixed with hazardous waste can be used as a dust
suppressant.
This ban, mandated by the Hazardous and Solid Waste Amendments of 1984
(HSWA) and codified in §266.23(b), prohibits used or waste oil which has
been mixed with dioxins or other hazardous wastes fran being used as a
dust suppressant. Discussion in the preamble of the codification rule
(50 FR 28718) indicate that this ban would also apply to unmixed hazardous
waste. Therefore, in the future when EPA lists waste oil as a hazardous
waste, road oiling and other dust suppression methods involving used oil
would be prohibited.
Source: Matt Straus (202) 475-8551
Compliance to Detection Groundwater Monitoring
6. As part of his RCRA permit, the owner/operator of a land disposal facility must
conduct compliance monitoring in accordance with §264.99. If, after several
years of compliance monitoring, the owner/operator can show that Appendix VIII
constituent levels are no longer present above background levels, is it possible
for the owner/operator to revert to detection monitoring levels per §264.98?
Once the facility has been triggered into compliance monitoring and it
becomes part of the permit, the owner/operator must conduct compliance
monitoring for the number of years equal to the active life of the facility
(including any waste management activity prior to permitting, and the
closure period per §264.96(a)). Upon conclusion of the compliance period,
the owner/operator may be able to return to detection monitoring for any
remaining period of post-closure care, provided that: (1) no corrective
action is required (§264.99(i) or §264.100); (2) the constituent levels
are at or below background levels; (since the detection monitoring program
is designed to detect increases over background levels, a facility which
was meeting a ground-water protection standard set at a level above back-
ground would continually be required to switch frcm detection monitoring
to compliance monitoring; hence, the return to detection monitoring would
not have any practical value unless constituent levels were at or below
background levels); and (3) the owner/operator submits an application for a
permit modification (§270.41(a) (5)(v)).
Source: Mark Salee (202) 382-5742
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Burning and Blending and Interim Status
7. A company blends listed hazardous wastes (40 CFR Subparts C and D) and markets
the blends-a9-hazardous waste fuel. The company is neither the generator nor
the burner of the hazardous waste derived fuel. The operator of a cement kiln
currently uses virgin oil as fuel but plans to switch and use the hazardous waste
fuel blends to power the kiln. "Kinks which previously held virgin oil are
being converted to store hazardous waste fuels. The cement kiln operator has
asked if he must "physically" have the hazardous waste fuel in his storage tanks
prior to the effective deadlines set in the November 29, 1985, Federal Register
(50 FR 49164) for Part 266, Subpart D burning/blending, in order for the facility
to obtain interim status for storage.
Currently, the hazardous waste fuel to be burned is exempt from any RCRA
regulations because the fuel was obtained frcm a blender who neither
generated nor burned the fuel (50 FR 667, §266.30 (a)). This exemption is
pursuant to the redefinition of soTTd waste (50 FR 614). Per the
November 29, 1985, final burning and blending regulations, which were
promulgated pursuant to the Hazardous and Solid Waste Amendments of 1984
(HSWA), hazardous waste fuel will be regulated when blended by the company,
(50 FR 49204, §266.30(a) and §266.34 as amended) and when the fuel is
burned by the cement kiln operation (50 FT* 49204, §266.30(a) as amended,
50 FR 49205, §266.35 as amended). Hence, the cement kiln operator needs
interim status or a permit to store the hazardous waste fuel prior to
burning.
Tb qualify for interim status, a facility owner/operator must meet the three
criteria set out in Section 3005(e)(1) of RCRA as amended. First, the owner/
operator must have an "existing Hazardous Waste Management (HWM) facility,"
defined as a facility which was in operation or for which construction
ccnmenced on or before November 19, 1980, (40 CFR 260.10), or a facility
"in existence" on the effective date of statutory or regulatory amendments
under the Pet that render the facility subject to having a RCRA permit.
Second, the owner/operator must file a notification of hazardous waste
activity per Section 3010 of RCRA; and third, submit a Part A application
(50 FR 28753, §270.70). In order for the cement kiln operator to be "in
existence" for the purpose of obtaining interim status for converted tank
storage, he should be storing hazardous waste fuel in his tanks on the
effective date of the burning and blending regulations under Part 266,
Subpart D (50 FR 49164). However, a facility at which tanks are empty on
the effective date but which are intended to store hazardous waste fuel may
also qualify for interim status under certain conditions. Tb be in interim
status such a facility must, by the effective date, have obtained all
Federal, State, and local approvals or permits necessary to begin storage
of hazardous waste fuel in the tanks and have objective evidence, such as
contractual obligations which cannot be cancelled or modified without
substantial loss, which clearly indicate the intent to begin storage of this
waste in the tanks within a reasonable time.
Source: Carrie Wehling (202) 475-8067
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Buminq and Blending
8. A generator of used oil burns the used oil on-site in an industrial boiler.
The used oil neither exhibits a Subpart C characteristic of a hazardous waste
nor exceeds any of the specification levels listed in §266.40(e) (November 29,
1985, Federal Register (50 FR 49164)). If the generator blends unused product
xylene (hazardous waste number U239) into the used oil, does he then have a
hazardous waste fuel (per §261.6 (a)(2)(ii)) which is subject to regulation
under Subpart D of Part 266?
Xylene is a commercial chemical product listed in §261.33(f). U.S. EPA
has determined, however, that listed ccnmercial chemical products are not
solid wastes (or hazardous wastes) when burned for energy recovery if
they are themselves fuels or normal components of ccnmercial fuels per
§261.33 which states that such materials are not "discarded", and restated
in footnote 8 of the November 29, 1985, Federal Register (50 FT* 49168).
Xylene is a normal component of fuel. Therefore, the unused xylene is
neither a regulated solid waste nor hazardous waste when burned for energy
recovery. The generator's used oil has not been mixed with hazardous waste
and is not a hazardous waste fuel. Therefore it will not be subject to
Part 266, Subpart D regulation per §261.33 and 261.6(a) (2)(ii). The
used oil, however, is being burned for energy recovery and so is regulated
under Part 266, Subpart E, per §266.40(a). Section 266.42 states that
generators who burn used oil are subject to §266.44. The burner must
notify under Section 3010 of RCRA for his used oil management activities
and maintain documentation or analysis showing that the used oil meets the
specifications.
Source: Bob Holloway (202) 382-7917
B. CERCLA
Reportable Quantities
1. If a waste is spilled that contains only one constituent that is EP toxic, must
the entire waste stream be counted towards the reportable quantity (RQ)? Would
it not be reasonable, under the "Clean Water Mixture Rule," to count only the
EP toxic constituent towards the RQ if the exact concentration of the constituent
is known?
EP toxicity is detined in 40 Ct'R 261.24 as the presence of certain minimum
concentrations of 14 specific contaminants in the extract from the waste
after performing a defined extraction procedure. Thus, there are separately
listed RQs for each of the 14 different EP toxic wastes. If more than
one contaminant is found in an EP toxic hazardous waste, the EP toxicity
RQ is based on the lowest RQ for any EP toxic contaminant present.
The "mixture rule" developed under the Clean Water Act §311 regulations
provides that the RQ of a mixture or solution is the RQ of the component
hazardous substance. Thus, the release of a mixture would not be reportable
until an RQ or more of its hazardous constituent had been released. In
general, EPA permits those responsible for the release to apply the mixture
rule to waste streams if the concentrations of all the hazardous substances
in the waste are known. However, that :rule does not apply in the case of
an unlisted waste exhibiting the EP toxicity characteristic because the
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RQ for an EP toxic waste applies to the entire waste stream, not just the
contaminant. Thus, the release of an EP toxic waste stream would not be
reportable until an RQ or more of the EP toxic constituent had been releas
This is the same result that would be obtained if the mixture rule was
applied. Therefore, it would be redundant to apply the mixture rule when
assessing releases involving EP toxic wastes.
Source.; - Nancy Parkinson.(202) 382-2307
Hazard Ranking System
2. section 105(8)(A) of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) requires the President to establish criteria to
determine priorities among releases or threatened releases throughout the United
States. In response to this mandate EPA established the Hazard Ranking System
(HRS) which is referenced in 40 CFR Part 300, Appendix A. The HRS is used to
determine sites* eligibility for Fund-financed remedial actions. Potential or
actual releases of hazardous substances, pollutants or contaminants to surface
water or groundwater and actual releases to air, are scored on a scale of 0 to
100 points. A score of 28.5 qualifies a site for inclusion on the National
Priorities List (NPL). Inclusion on the NPL qualifies a site to be eligible
for Federal Superfund monies for remedial action. In addition, sites are scored
based on the threat of direct contact and fire and explosion hazards. These
scores are used to determine the need for immediate (removal) actions.
Does CERCLA require a cooperative agreement between a State and the U.S. EPA
for a State to use the HRS in lieu of the EPA for possible inclusion on the
NPL?
EPA does not delegate to States the authority to score sites for the NPL.
However, States often score sites preliminarily and then submit them to
EPA for EPA's review and scoring. In some instances, EPA has provided
financial support for States to score sites via grants and multi-site
cooperative agreements. In all cases, however, the EPA Regional offices
are responsible for ensuring that all appropriate NPL candidate sites are
identified and scored, even where the State does not participate or does
not agree that a site should be listed on the NPL.
Source: Steve Caldwell (202) 382-4604
Release of Non-designated Ignitable, Corrosive, and Reactive (ICR) Substances
3. A transporter is carrying a product that is known to exhibit the characteristic
of ignitability as defined in 40 CFR 261.21. A release of 200 lbs. of product
into the soil occurs. The material spilled into the soil will not be recovered,
but will be removed and disposed of in the appropriate manner. The material
that was released was not a designated substance on the list of hazardous
substances found in 40 CFR 302.4. Under the rules proposed in the April 4, 1985,
Federal Register (50 FR 13514), would the transporter be required to notify the
National Response Center (NRC)?
40 CFR 302.6(a) requires that "any person in charge of a ... facility
shall, as soon as he has knowledge of any release... of a hazardous
substance...in a quantity equal to or exceeding the reportable quantity...
[shall] inmediately notify the NRC." CERCLA Section 101(14)(c) includes
in the definition of hazardous substance "any hazardous waste having the
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characteristics identified under or listed pursuant to Section 3001 of
RCRA. Therefore, solid wastes, as defined by RCRA, which exhibit one or
more of the characteristics of ignitability, corrosivity, or reactivity
(ICR) are considered CERCLA hazardous substances, even though they are
not specifically listed under RCRA. The reportable quantity (RQ) for
ignitable, corrosive, or reactive unlisted waste is 100 pounds. This RQ
applies only to substances that are wastes prior to being released, to
ICR substances that are spilled and not cleaned up, or to ICR substances
tnat are cleaned up for eventual disposal. The RQ does not apply if an
ICR is spilled and inmediately cleaned up for repackaging, reprocessing,
recycling, or reuse, because the substance is not a waste and need not be
reported (50 FR 13517).
Thus, under this proposal, if the substance is not cleaned up or is cleaned
up for eventual disposal, it is a waste and must be reported if the release
equals or exceeds the RQ. In this case, 200 lbs. of a product which exhibits
the characteristic of ignitability and which will eventually be disposed
is a waste, exceeds the RQ of 100 lbs. and, thus, must be reported to the
NRC. In general, the inmediate notification requirement does not allcw
for time to test the waste for characteristics prior to notification.
Source: Carrie Wehling (202) 475-8067
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The Hotline responded to 6,483 questions and requests for documents in December. Of th^^
IV. ANALYSES OF QUESTIONS
The Hotline responded to 6,483 questions and re
questions asked, the percentage of callers was:
Local Agencies 2%
More calls were received by Region 3 than from any other Region. Breakdown by Region:
1 6% 3 23% 5 20% 7 4% 9 8%
2 12% 4 11% 6 9% 8 4% 10 3%
International <1%
RCRA TSDF
General Information 277 A-Scope/Applicability 110
Notification (3010) 100 B-General Facility Standards 18
Definitions (260.10) 65 C-Preparedness Prevention 4
Petitions/Delisting (26U.22) 53 D-Contingency Plans 7
Definitions (261.2 & 3) 104 E-Manifest/Recordkeeping/Reporting 6_
Exclusions (261.4) 149 F-Groundwater Monitoring 65_
3na 11 Quantity Generator (261.5) 123 G-Closure/Post-Closure 49 l
Recycle/Reclaim (261.6) 146 H-Financial Requirements 85
Container Residues (261.7) 30 I-Containers 25
Waste ID (261 C&D) 541 J-Tanks 78
262 Generator 12 K-Surface Impoundments 24
Manifest Info 65 L-Waste Piles 4
Pre-transport 10 M-Land Treatment 2
Accumulation 68 N-Landfills 33
Recordkeeping & Reporting 11 0-Incinerators 26
International Shipments 13 P-Thermal Treatment 9
263 Transporter 51 Q-Chemical, Physical, Biological Treat. 5
270 B - Permit Application 5 R-Underground Injection 3
D - Changes to Permits 22 X-Miscellaneous Facility 1
F - Special Permits 20 Y-Experimental 1
G - Interim Status 18 266/267 133
271 State Programs 86
124 Decision Making 0 CERCLA General/Overview 109
RCRA Amendments 1,447 Hazardous Substances/RQ 135
UST 509 NCP 49
Liability/hxitorcement 50 Taxes/IRS/PC LTF 11
Other/Referrals 303 Removal 16
Document Requests 965 Remedial/NPL 96
Cn-site Policy 17
Off-site Policy 6
ERRIS/Notification 9
Liability/Enforcement 62
CERCLA Reauthorization 42
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PUBLICATIQNS
RCRA
"Closure and Past-Closure Interim Status Standards (Subpart G)," PB 81-189763
is available frcm the National Technical Information Service (NTIS) by calling
(203) 487-4650.
"Wastes frcm the Extraction and Beneficiation of Metallic Ores, Phosphate Rock,
Asbestos, Overburden frcm Uranium Mining and Oil Shale" was submitted to Congress
by the Office of Solid Waste on December 31, 1985. An executive surtmary is
available frcm EPA's Office of Public Affairs, (202) 382-4361. The entire
report is available frcm the Government Printing Office (GPO) at (202) 783-3238.
"Compatibility Test for Wastes and Membrane Liners," proposed Method 9090, is
available by contacting Anna Aviles at (202) 382-2349. The Hotline will take
requests.
CERCLA
"Handbook for Remedial Action at Hazardous Waste Disposal Sites," EPA/625-
6-82-006, 1985 edition, is available. Contact the U.S. EPA Office of Research
and Development (ORD) in Cincinnati, OH at FTS: 8-684-7562 or (513) 569-7562
to obtain copies.
"National Oil and Hazardous Substances dilution Contingency Plan," the final
rule published in the November 20, 1985, Federal Register (50 FR 47912) is
available frcm the Public Information Center (PIC) by calling either (800)
828-4445 or (202) 829-3535. The Hotline will also take requests.
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FEDERAL REGISTER NOTICES FOR DECEMBER
Former Notices with Open Ccnroent Periods as of January 1, 1986:
October 2, 1985: 50 FR 40292
(proposed revision to mining
waste exclusion)
November 1, 1985: 50 FR 45736
(proposed "by-product"
clarification)
November 5, 1985: 50 FR 45933
(request for comments on CERCLA
off-site policy and RCRA §7003)
November 8, 1985: 50 FR 46468
(proposal to delist iron dextran)
November 21, 1985: 50 FR 48129
("Construction Quality Assurance
for Hazardous Waste Land Disposal
Facilities")
November 27, 1985: 50 F£ 48911
(proposed delistings and denial)
November 27, 1985: 50 FR 48926
(proposed delisting)
November 27, 1985: 50 FR 48943
(proposed delisting and proposed
organics model)
November 29, 1985: 50 FR 49212
(proposed management standards
for recycled used oil)
Proposal to narrow the scope of the raining waste
exclusion in 40 CFR 261.4(b)(7). Ihis proposed
rule would relist six smelting wastes previously
listed, and eliminate many wastes from this
exclusion except for specified wastes. On
November 27, 1985, (50 FR 48800) the canment
period was extended to January 2, 1986.
Notice of the proposed rulemaking on the Department
of Energy's (DOE) definition of "by-product material,
which vrould determine if radioactive wastes are
regulated exclusively under DOE (through the Atcmic
Energy Act) or also under EPA (through RCRA). On
November 18, 1985, (50 FR 47409), DOE extended the
cement period to January 2, 1986.
Notice announcing request for comments on off-site
policy concerning treatment, storage, or disposal
of hazardous substances resulting fran CERCLA
activities or RCRA 7003 (imminent hazard)
activities. Comments are due by January 6, 1986.
Proposed rule to remove iron dextran frcm the RCRA
lists and the CERCLA list. Ccnments are due by
January 7, 1986.
Notice announcing the availability of public ccnment
on the draft document: "Construction Quality
Assurance for Hazardous Waste Land Disposal
Facilities." This document will help ensure
compliance with minimum technological requirements.
Available from ORD in Cincinnati. Available for _
viewing at Public Information Reference Unit, in
Washington, D.C., EPA Library in Research Triangle
Park, N.C., and EPA Library in Cincinnati. Ccnments
are due by March 4, 1986.
The EPA proposed to grant four delisting petitions
and deny one delisting petition. Corrments are due
by January 13, 1986.
The EPA proposed to grant six delisting petitions.
Corrments are due by January 13, 1986.
The EPA proposed to grant three delisting petitions.
The organics model was proposed. It is an analytical
tool used to evaluate delisting petitions. Comments
are due by January 13, 1986.
Proposed rule or. management standards for generators,
transporters and owner/operators of used oil recy-
cling facilities. Corrments are due by January 28,
1986.
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November 29, 1985: 50 re 49258
(proposed used oil listing,
definition, mixture rule and RQ
adjustments)
December Federal Register Notices:
December 3, 1985: 50 FR 49561
(notice of tentative determination
on application of Rhode Island
for final authorization
December 6, 1985: 50 FR 49947
(notice of tentative determination
on application of Oregon for
final authorization)
December 6, 1985: 50 FR 49949
(notice of tentative determination
on application of Washington for
final authorization)
December 12, 1985: 50 50789
(corrections on VHS delisting
model)
December 12, 1985: 50 FR 50810
(correction to proposed organics
model)
December 12, 1985: 50 FR 50842
(notice of availability of draft
final Health Assessment Document
tor Nickel)
December 13, 1985: 50 FR 51196
(final rule regarding CERCLA
arbitration procedures)
December 13, 1985: 50 FR 51205
(final rule regarding procedures
for filing natural resource
claims under CERCLA)
Proposed rule to list used oil as a hazardous
waste; provide a regulatory definition of used
oil; change the mixture rule to exclude very small'
quantities of waste oil; and to adjust the RQ to
100 pounds. Comments are due by January 28, 1986.
Notice of tentative determination of application of
Rhode Island for final authorization. EPA intends
to grant final authorization to Rhode Island's
hazardous waste program subject to the limitations
on its authority imposed by HSWA. Ccranents must be
prepared by January 6, 1986.
Notice of tentative determination on application of
Oregon for final authorization. EPA intends to grant
final authorization to Oregon's hazardous waste
program subject to the limitations on its authority
imposed by HSWA. Contents must be received by
January 7, 1986.
Notice of tentative determination on application of
Washington for final authorization. EPA intends to
grant final authorization to Washington's hazardous
waste program subject to the limitations on its
authority imposed by HSWA. Garments must be received
by January 6, 1986.
Correction to the final rule published in the
November 27, 1985, Federal Register (50 Fj* 48886)
which addressed the VHS model used in delisting
hazardous waste.
Correction to the proposed rule published in the
November 27, 1985, Federal Register (50 FR 48943)
which addressed the organics model used in
delisting hazardous waste.
As part of its regulatory initiative for air
pollutants under the Clean Air Act, the EPA has
completed a draft final Health Assessment Document.
Cements are due by February 7, 1986.
The final rule provides procedures for deciding
disputes with regard to claims against the Hazardous
Substance Response Trust Fund. Effective date is
March 13, 1986.
The final rule establishes procedures for filing,
evaluating, and resolving claims for injury to
natural resources asserted against the Hazardous
Substance Response Trust Fund. Effective date is
March 13, 1986.
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December 16, 1985: 50 FR 51264
(notice of data availability
and request for ccrment of
various tank system issues)
December 16, 1985: 50 FR 51360
(Notice of receipt of application
and tentative determination to
issue an ocean incineration
permit)
December 20, 1985: 50 FR 52126
(proposed rule regarding
procedures for assessing damages
to natural resources)
EPA received data from various sources regarding
the number of tanks subject to regulations. The 1
EPA discusses its consideration of amending the
rules that detine solid wastes. Corments are due
by January 30, 1986.
Notice of receipt of application and tentative
determination to issue an ocean incineration
permit by the EPA under the Marine Protection,
Research and Sanctuaries Act of 1972. Cements
are due by January 31, 1986.
The proposed rule issued by the DOI, establishes
procedures for assessing damages to natural
resources for releases covered by CERCLA or the
CWA. Conments are due by February 3, 1986.
December 30, 1985: 50 FR 53159
(notice of intent to approve a
revision to the North Carolina
hazardous waste program)
December 31, 1985: 50 FR 52126
(final rule redefining listed
solvent wastes)
December 31, 1985: 50 FR 53448
(notice of intent to delete
eight sites from the NPL)
EPA intends to approve a North Carolina hazardous
waste program. North Carolina intends to adopt
the new definition of solid waste and resource
recovery promulgated by the EPA on January 4, 1985.
Ccmnents cure due by January 27, 1986
The final rule redefining listed wastes F001-F005
to include certain solvent mixtures. The effective
date is January 30, 1986.
EPA announced its notice of intent to delete eight
sites from the National Priority List (NPL) in
accordance with recent amendments to the National
Contingency Plan (NCP). Ccnments are due by
January 30, 1986.
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ATTACHMENT
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JIIN ipt ]0Q4
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