EPA530-R-04-0031 MONTHLY CALL CENTER REPORT December 2004 Frequently Asked Questions All Program Areas 1 Call Center Questions & Answers Resource Conservation and Recovery Act (RCRA) 3 New Publications Resource Conservation and Recovery Act (RCRA) 4 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 4 Federal Registers Final Rules 5 Proposed Rules 6 Notices 7 Settlements and Consent Decrees 9 RCRA, Superfund & EPCRA Call Center (Services in support of OUST, OSW, OIAA, OEM, and OSRTI) National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local: (703) 412-3323 This report is prepared and submitted in support of Contract No. 68-W-01-020. Scott Maid, Project Officer Judi Kane, Deputy Project Officer U.S. Environmental Protection Agency Printed on Washington, DC 20460 Recycled Paper ------- Availability The complete text of the 1991 (November and December only), 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004 Monthly Call Center Reports may be accessed from the Internet. Go to the Call Center Home Page at www.epa.gov/epaoswer/hotline and select "Monthly Reports." The Call Center maintains an electronic mailing list named callcenter_oswer. Subscribers can have Call Center announcements and Monthly Call Center Reports e-mailed to them as they are released at no charge. To subscribe to the Call Center electronic mailing list, send a blank e-mail to: join-callcenter_oswer@lists.epa.gov To unsubscribe from an EPA electronic mailing list send a blank e-mail to: leave-listname@lists.epa.gov For example, unsubscribe-callcenter_oswer@lists.epa.gov ------- FREQUENTLY ASKED QUESTIONS What is a satellite accumulation area? A satellite accumulation area is an area at or near any point of generation where hazardous waste initially accumulates and that is under the control of the operator of the process generating the waste. A generator may accumulate up to fifty-five gallons of hazardous waste or one quart of acutely hazardous waste at a satellite accumulation area (40 CFR §262.34(c)). Does an underground storage tank (UST), as defined in Part 280, include piping? A UST is any one or combination of tanks, including underground pipes connected thereto, that is used to contain an accumulation of regulated substances, the volume of which is ten percent or more beneath the surface of the ground (§280.12). Therefore, by definition, underground piping is part of a UST. However, aboveground piping is not part of a UST because it is not included in the definition. For purposes of the Spill Prevention, Control, and Countermeasures (SPCC) regulations, what is the definition of oil- handling personnel? The term oil-handling personnel should be interpreted according to industry standards but includes employees engaged in the operation and maintenance of oil storage containers or the operation of equipment related to storage containers and emergency response personnel. The term does not include secretaries, clerks, and other personnel who are never involved in operation or maintenance activities related to oil storage or equipment, oil transfer operations, emergency response, countermeasure functions, or similar activities (67 FR 47042, 47108; July 17, 2002). Where and when must the person in charge of a facility or vessel submit changes, other than changes in source, composition, or quantity, to a CERCLA continuous release notification? The person in charge of a facility or vessel shall provide written notification of changes, other than changes in source, composition, or quantity, to the EPA Region for the geographical area where the facility or vessel is located within thirty days of determining that the information previously submitted is no longer valid. The notification shall include the reason for the change and the basis for stating that the release is continuous and stable under the changed conditions (§302.8(g)(3)). Are solid forms of hazardous chemicals subject to EPCRA §§311 and 312 reporting requirements? EPCRA §§311 and 312 applies to any facility required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act (OSHA) (§370.20). The definition of hazardous chemical does not include any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use (§370.2). ------- Frequently Asked Questions December 2004 How must an owner or operator estimate the population when defining off-site impacts as part of the facility's risk management plan (RMP)? The owner or operator must estimate the residential population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint (§68.30). Owners or operators must estimate the residential population to two significant digits and must use the most recent census data or other information believed to be more accurate (General Guidance on Risk Management Programs for Chemical Accident Prevention (EPA550- B-04-001)). ------- CALL CENTER QUESTIONS & ANSWERS RCRA 1. Frequently Asked Questions about the Used Oil Management Standards in 40 CFR Part 279 During equipment maintenance, a generator produces used oil that exhibits the ignitability characteristic and another used oil that is nonhazardous. Can a generator of these used oils dispose of them, or is he or she required to recycle the used oil if possible? The 40 CFR Part 279 standards do not require a used oil generator to recycle either characteristic or nonhazardous used oil. EPA presumes that used oil will be recycled and allows management of all used oil under the Part 279 standards until a handler disposes of it or sends it for disposal (57 FR 41566, 41578; September 10, 1992). While recycling is recommended and presumed to occur under Part 279, generators do not have to recycle the used oil and may dispose of it instead. If a generator disposes of or sends for disposal used oil that exhibits a characteristic of hazardous waste, the oil must be managed in accordance with the RCRA Subtitle C regulations in Parts 260 through 266, 268, 270 and 124. If a generator disposes of or sends for disposal used oil that is nonhazardous, it must be managed in accordance with the RCRA Subtitle D regulations in Parts 257 and 258 (§279.81). Additionally, individuals should contact their state agencies to determine state regulatory requirements. State programs may have hazardous waste or used oil regulations that are more stringent than the federal standards. If the generator plans to dispose of the used oil, is he or she required to comply with the requirements in Part 279, Subpart C, including labeling and storage, while the used oil is on site? Although the generator's characteristic or nonhazardous used oil would be subject to all applicable requirements of RCRA Subtitle C or Subtitle D regulations once sent off site for disposal, used oil must be managed according to Part 279 provisions until it is actually disposed of or sent off site for disposal. Thus, a generator ultimately sending used oil off site for disposal would be required to label, store, and otherwise manage it in accordance with Part 279, Subpart C, until it is shipped off site. Is there an accumulation time limit for a generator storing used oil on site prior to sending it off site for recycling or disposal? The Part 279 standards do not limit the amount of time used oil generators can accumulate used oil on site before sending it for recycling or disposal (§279.22). ------- New Publications How to order... NTIS Publications are available by calling (800) 553-6847 or (703) 605-6000, or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document. NSCEP Publications are available by calling (800) 490-9198 or by writing USEPA/NSCEP, PO Box 42419, Cincinnati, OH 45242-0419. Use the EPA Order Number listed under the document. Call Center Publications are available by calling the Call Center at: RCRA, Superfund & EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local: (703) 412-3323 RCRA TITLE: A Collection of Solid Waste Resources, Fall 2004 Edition (CD-ROM) PUBLICATION DATE: December 2004 EPA ORDER NO.: EPA530-C-04-002 AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/osw/ cdoswpub.htm This CD contains more than three hundred publications on hazardous and nonhazardous waste including many publications in Spanish. Topics include recycling and reuse, buying recycled, hazardous waste management, composting, and used motor oil. In addition, the CD includes a wide variety of educational materials. It also contains information about the Resource Conservation Challenge (RCC), an innovative national effort to find flexible, yet protective, ways to conserve the nation's resources. The CD can be used on any IBM compatible computer with Windows 3.x or higher. CERCLA TITLE: Cleaning Up the Nation's Waste Sites: Markets and Technology Trends (2004 Edition) PUBLICATION DATE: September 2004 EPA NO.: EPA542-R-04-015 AVAILABILITY: Internet Only URL: www.clu-in.org/market This report provides an analysis of site characteristics, market size, and other factors that affect the demand for remediation services. The focus of this study is on the potential future applications of remediation technologies. This report updates and expands on information provided in the previous edition (1996). TITLE: Updating Remedy Decisions at Select Superfund Sites Summary Report F Y 2002 and FY 2003 PUBLICATION DATE: September 2004 EPA NO.: EPA540-R-04-010 DIRECTIVE NO.: 9355 0-107 AVAILABILITY: Internet URL: www.epa.gov/oerrpage/superfund/ programs/reforms/docs.htm This report provides a summary of Superfund remedies revised as part of the broad range of administrative reforms undertaken to improve the efficiency, speed, and fairness of the Superfund program. Information on the progress of the reforms completed by EPA Regions during fiscal years 2002 and 2003 is presented in four multi-year summary reports. ------- FEDERAL REGISTERS Availability You may order copies of all major RCRA, Superfund & EPCRA Federal Registers by calling the Call Center. RCRA, Superfund & EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local TDD: (703) 412-3323 Electronic Availability Federal Registers from October 1994 to the present related to the Call Center's program areas are accessible via the Internet at: www.epa.gov/fedrgstr For RCRA/UST and selected CERCLA Federal Registers, choose: Waste. For selected EPCRA Federal Registers, choose: Toxic Release Inventory. For CAA §112(r) Federal Registers, choose: Air. FINAL RULES RCRA "Tennessee: Final Authorization of State Hazardous Waste Management Program Revision" December 8, 2004 (69 FR 70898) Tennessee applied for final authorization of the changes to its hazardous waste program under RCRA. EPA determined that these changes satisfy all requirements needed to qualify for final authorization and authorized the state's changes through this rule. The effective date of this rulemaking is February 7, 2005, unless EPA receives adverse comments by January 7, 2005. "North Carolina: Final Authorization of State Hazardous Waste Management Program Revision" December 14, 2004 (69 FR 74444) North Carolina applied for final authorization of the changes to its hazardous waste program under RCRA. EPA determined that these changes satisfy all requirements needed to qualify for final authorization and authorized the state's changes through this rule. The effective date of this rulemaking is February 14, 2005, unless EPA receives adverse comments by January 13, 2005. "Land Disposal Restrictions: Site- Specific Treatment Standard Variance for Selenium Waste for Chemical Waste Management, Chemical Services, LLC" December 23, 2004 (69 FR 76863) EPA withdrew the November 19, 2004, direct final rule that granted Chemical Waste Management, Chemical Services, LLC, (CWM) a site-specific treatment standard variance from the LDR treatment standards (69 FR 67647). The previously granted site- specific treatment standard variance will not take effect on January 3, 2005, and CWM cannot treat selenium-bearing hazardous waste generated by Guardian Industries Corp under a treatment standard variance. EPA will review and address all comments received on this action as part of the previously published proposed rule (69 FR 67695; November 19, 2004). "Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption—Class I Hazardous Waste Injection; Onyx Environmental Services, LLC (Onyx)" December 29, 2004 (69 FR 78015) EPA granted the reissuance of an exemption from the land disposal restrictions to Onyx Environmental Services, LLC, for the Class I injection well located in Port Arthur, Texas. Onyx ------- Federal Registers December 2004 demonstrated to a reasonable degree of certainty that there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. The effective date of this rulemaking is December 17, 2004. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" December 14, 2004 (69 FR 74448) EPA announced the deletion of the York County Solid Waste and Refuse Authority Superfund Site from the National Priorities List(NPL). The effective date of this rulemaking is February 14, 2005, unless EPA receives adverse comments by January 13,2005. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" December 20, 2004 (69 FR 75847) EPA announced the partial deletion of the Uravan Superfund Site from the NPL. The effective date of this rulemaking is February 18, 2005, unless EPA receives adverse comments by January 19, 2005. PROPOSED RULES RCRA "Tennessee: Final Authorization of State Hazardous Waste Management Program Revision" December 8, 2004 (69 FR 70946) EPA proposed to grant final authorization to the hazardous waste program revisions submitted by the State of Tennessee. EPA authorized the state's changes as a direct final rule without prior proposal in the Final Rules section (69 FR 70898; December 8, 2004). The direct final rule provides a detailed rationale for authorization. Comments must be received by January 7, 2005. "Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program" December 9, 2004 (69 FR 71391) EPA proposed to codify Idaho's authorized hazardous waste program in 40 CFR Part 272 and to incorporate by reference those provisions of the state statutes and regulations that are authorized and federally enforceable. Comments must be received by January 10, 2005. "North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions" December 14, 2004 (69 FR 74467) EPA proposed to grant final authorization to the hazardous waste program revisions submitted by the State of North Carolina. EPA authorized the state's changes as a direct final rule without prior proposal in the Final Rules section (69 FR 74444; December 14, 2004). The direct final rule provides a detailed rationale for authorization. Comments must be received by January 13, 2005. "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion" December 28, 2004 (69 FR 77690) EPA proposed to grant a petition submitted by Shell Oil Company to exclude (i.e., delist) a certain liquid waste generated by its Houston, Texas, Deer Park facility from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software in the evaluation of the impact of the petitioned waste on human health and the environment. ------- December 2004 Federal Registers The proposed decision would exclude the petitioned waste from the requirements of hazardous waste regulations under RCRA. Comments must be received by February 11, 2005. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" December 14, 2004 (69 FR 74467) EPA announced its intent to delete the York County Solid Waste and Refuse Authority Superfund Site from the NPL. Comments must be received by January 13, 2005. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" December 20, 2004 (69 FR 75891) EPA announced its intent to partially delete the Uravan Superfund Site from the NPL. Comments must be received by January 19, 2005. ALL PROGRAMS "Fall 2004 Regulatory Agenda" December 13, 2004 (69 FR 73786) EPA published the Semiannual Regulatory Agenda to update the public about regulations and major policies currently under development, reviews of existing regulations and major policies, and regulations and major policies completed or canceled since the last Agenda. NOTICES "Interagency Project To Clean Up Open Dumps on Tribal Lands: Request for Proposals" December 6, 2004 (69 FR 70442) EPA announced that the Tribal Solid Waste Interagency Workgroup is soliciting proposals for its seventh year of the Tribal Open Dump Cleanup Project. Proposals must be received by January 31, 2005. CERCLA "Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Superfund Site Evaluation and Hazard Ranking System (Renewal), EPA ICR Number 1488.06, OMB Control Number 2050- 0095" December 7, 2004 (69 FR 70682) EPA announced that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: "Superfund Site Evaluation and Hazard Ranking System (Renewal)," ICR Number 1488.06, OMB Control Number 2050-0095. The current expiration date for this ICR is November 30, 2004. Comments must be received by January 6, 2005. "Federal Agency Hazardous Waste Compliance Docket" December 20, 2004 (69 FR 75951) EPA announced the twentieth update of the Federal Agency Hazardous Waste Compliance Docket, consisting of federal facilities that manage hazardous waste or from which hazardous substances have been or may be released. This list is current as of September 13, 2004. ------- Federal Registers December 2004 "Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions" December 22, 2004 (69 FR 76739) EPA announced the availability of the Environmental Appeals Board's document Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Procedures issued on November 10, 2004. This document addresses reimbursement petitions for costs incurred by complying with an administrative order issued under CERCLA §106(a). SPCC "Agency Information Collection Activities: Proposed Collection; Comment Request; Renewal of Information Collection Request (ICR) for the Oil Pollution Prevention Regulation for Certain Facilities to Prepare and Maintain an Oil Spill Prevention, Control and Countermeasure (SPCC) Plan, EPA ICR 0328.11, OMB Control Number 2050-0021" December 13, 2004 (69 FR 72191) EPA announced its plans to submit the following ICR to OMB for review and approval: "Renewal of Information Collection Request (ICR) for the Oil Pollution Prevention Regulation for Certain Facilities to Prepare and Maintain an Oil Spill Prevention, Control, and Countermeasure (SPCC) Plan," ICR Number 0328.11, OMB Control Number 2050-0021. The current expiration date for this ICR is August 31, 2005. Comments must be received by February 11, 2005. ALL PROGRAMS "National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances; Notice of Public Meeting" December 6, 2004 (69 FR 70442) EPA announced that a meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held December 13 through 15, 2004, in Washington, D.C. The NAC/AEGL Committee will address the various aspects of acute toxicity and the development of acute exposure guideline levels. "Agency Information Collection Activities OMB Responses" December 23, 2004 (69 FR 76938) This document announced OMB responses to Agency clearance requests in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Specifically, ICR Number 1630.08, "Oil Pollution Act Facility Response Plan Requirements," was approved on November 30, 2004. This ICR, OMB Control Number 2050-0135, expires November 30, 2007. ICR Number 1949.03, "Implementation of Incentives Designed for EPA's National Environmental Performance Track Program (Final Rule)," was approved on November 12, 2004. This ICR, OMB Control Number 2010-0032, expires August 31, 2006. ICR Number 1698.05, "Reporting and Recordkeeping Requirements Under EPA's Waste Wise Program," was approved on December 6, 2004. This ICR, OMB Control Number 2050-0139, expires November 30, 2005. Additionally, ICR Number 1922.02, "Storage, Treatment, Transportation, and Disposal of Mixed Waste (Final Rule)," was extended on November 16, 2004. This ICR, OMB Control Number 2060-0181, expires February 28, 2005. On November 15, 2004, ------- December 2004 Federal Registers OMB filed comment on ICR Number 2144.01, "Standards and Practices for All Appropriate Inquires (Proposed Rule)." SETTLEMENTS AND CONSENT DECREES "Proposed Settlement; Jehl Cooperage Company, Inc. Superfund Site" December 1, 2004 (69 FR 69923) "Proposed Settlement; Middlesboro Tannery Superfund Site" December 1, 2004 (69 FR 69923) "Consent Decree; United States v. Iowa Turkey Products, Inc." December 1, 2004 (69 FR 69957) "Consent Decree; United States of America v. Wainwright Industries, Inc." December 1, 2004 (69 FR 69958) "Proposed Settlement; Bayonne Barrel & Drum Superfund Site" December 9, 2004 (69 FR 71408) "Consent Decree; United States v. AK Steel Corp" December 10, 2004 (69 FR 71847) "Proposed Settlement; MichCon Mercury Regulators Superfund Site" December 16, 2004 (69 FR 75310) "Proposed Settlement; Whitehouse Oil Pits Superfund Site" December 16, 2004 (69 FR 75310) "Consent Decree; United States v. Cabot Corp, etal." December 16, 2004 (69 FR 75343) "Consent Decree; United States v. Marzone, Inc., et al." December 16, 2004 (69 FR 75344) "Proposed Settlement; Sulphur Bank Mercury Mine Superfund Site" December 17, 2004 (69 FR 75536) "Consent Decree; United States v. Alcoa, Inc." December 23, 2004 (69 FR 76957) "Consent Decree; United States v. MW Custom Papers, LLC, et al." December 23, 2004 (69 FR 76958) "Consent Decree; United States v. United States Ceramic Tile Company, et al." December 23, 2004 (69 FR 76958) "Consent Decree; United States v. Alcan Aluminum Corp" December 29, 2004 (69 FR 78046) ------- |