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
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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
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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).
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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)).
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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).
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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.
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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
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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.
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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.
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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,
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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)
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