EPA530-R-04-003k
MONTHLY CALL CENTER REPORT
November 2004
Frequently Asked Questions
All Program Areas 1
Call Center Questions & Answers
Emergency Planning and Community Right-to-Know Act (EPCRA) 2
New Publications
Resource Conservation and Recovery Act (RCRA) 3
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 4
Federal Registers
Final Rules 5
Proposed Rules 6
Notices 7
Settlements and Consent Orders 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
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:
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For example,
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FREQUENTLY ASKED QUESTIONS
Do the land disposal restrictions (LDR)
apply to empty containers managed
pursuant to 40 CFR §261.7?
Any hazardous waste remaining in an empty
container or an inner liner removed from an
empty container is not subject to regulation
under Parts 261 through 265, Part 268, Parts,
270 and 124, or to the notification
requirements in RCRA §3010 (§261.7(a)).
Therefore, if the container has been emptied
in accordance with the applicable provisions
of §261.7(b), it is not subject to LDR.
Are pumps considered ancillary equipment
for underground storage tanks (USTs)?
Ancillary equipment means any device used
to distribute, meter, or control the flow of
regulated substances to and from a UST.
The term includes, but is not limited to,
piping, fittings, flanges, valves, and pumps
(§280.12).
Where experience indicates a reasonable
potential for equipment failure, an owner or
operator of a facility subject to the oil
pollution prevention regulations in 40 CFR
Part 112 must include in the facility's Spill
Prevention, Control, and Countermeasures
Plan certain information relevant to each
type of major equipment failure (§112.7(b)).
What is a major equipment failure?
A major equipment failure means an
equipment failure that could cause a
discharge as described in §112.1 (b), not a
minor failure possibility (67 FR 47042,
47100; July 17, 2002).
What is a community relations plan (CRP)
and what is its purpose?
A CRP is a plan that specifies the
community relations activities the lead
agency expects to undertake during a
CERCLA remedial response. The purpose
of the CRP is to ensure that the public has
appropriate opportunities for involvement in
a wide variety of site-related decisions
including site analysis and characterization,
remedy alternatives analysis, and remedy
selection. In addition, it aids the lead
agency in determining, based on community
interviews, appropriate activities to ensure
public involvement and helps the lead
agency to provide appropriate opportunities
for the community to learn about the site
(§300.430(c)(2)(ii)).
How often must employees of facilities that
are subject to the risk management program
complete refresher training?
A facility owner or operator must provide
refresher training at least every three years,
and more often if necessary, to each
employee operating a process in order to
ensure that the employee understands and
adheres to the current operating procedures.
The owner or operator in consultation with
the employees operating the process shall
determine the appropriate frequency of
refresher training (§§68.54(b) and 68.71(b)).
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CALL CENTER QUESTIONS & ANSWERS
EPCRA
1. TRADE SECRET SUBMISSIONS
UNDER EPCRA §313
To file a claim of trade secrecy for the
identity of a toxic chemical under 40 CFR
Part 350, a TRI-covered facility must send a
sanitized and unsanitized version of the
substantiation form and a sanitized and
unsanitized version of the Form R or Form
A Certification Statement for that toxic
chemical to EPA. In a given reporting year,
a facility subject to EPCRA §313 sends both
versions of the substantiation form and both
versions of a Form R or Form A
Certification Statement for a toxic chemical
to EPA. Over the course of the next year,
nothing changes with respect to the product
that contains the toxic chemical or the
identity of the toxic chemical at the facility.
Must the facility submit new sanitized and
unsanitized copies of the substantiation form
to claim trade secrecy for the identity of the
toxic chemical in the following reporting
year?
A facility must file a sanitized and
unsanitized version of the substantiation
form for each reporting year that the facility
wants to claim trade secrecy for the identity
of a toxic chemical. The facility must
continue to submit the trade secrecy forms
for each reporting year, even if the
information on the substantiation form does
not change and remains the same from year
to year.
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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: Enroll Now: National Partnership
for Environmental Priorities (NPEP)
PUBLICATION DATE: April 2004
EPA ORDER NO.: EPA530-K-04-007
AVAILABILITY: NSCEP/Internet
URL: www.epa.gov/epaoswer/hazwaste/
minimize/pdfs/enroll.pdf
This document is the form that should be
submitted by companies in order to become
a partner in EPA's National Partnership for
Environmental Priorities (NPEP). The goal
of NPEP is to reduce the quantity of priority
chemicals currently found in products,
processes, or releases using techniques such
as source reduction, recycling, or other
materials management practices.
TITLE: WasteWise Annual Report 2004:
Sustaining Excellence
PUBLICATION DATE: October 2004
EPA ORDER NO.: EPA530-R-04-035
AVAILABILITY: NSCEP/Internet
URL: www.epa.gov/epaoswer/non-hw/
reduce/wstewise/pubs/reporl 0_5 .pdf
This report recognizes the 2004 WasteWise
award winners for their voluntary efforts to
prevent waste and recycle and celebrates the
10th anniversary of the WasteWise program.
TITLE: Community Options for Safe
Needle Disposal
PUBLICATION DATE: October 2004
EPA ORDER NO.: EPA530-K-04-001
AVAILABILITY: Internet Only
URL: www.epa.gov/epaoswer/other/
medical/ med-govt.pdf
This document discusses safe, convenient
disposal options that states and
municipalities can offer to sharps users.
TITLE: Protect Yourself, Protect Others:
Safe Options for Home Needle Disposal
PUBLICATION DATE: October 2004
EPA ORDER NO.: EPA530-F-04-004
AVAILABILITY: Internet Only
URL: www.epa.gov/epaoswer/other/
medical/med-home.pdf
This document provides recommended
options for self-injectors to safely dispose of
needles at home and while traveling.
TITLE: Vayamos de Compras Verdes
(Spanish - Let's Go Green Shopping)
PUBLICATION DATE: September 2004
EPA ORDER NO.: EPA530-K-04-003S
AVAILABILITY: Internet Only
URL: www.epa.gov/epaoswer/general/
espanol/sp-shop.pdf
This publication is the Spanish translation of
Let's Go Green Shopping (EPA530-K-04-
003). It provides tips and resources for
"green purchasing" which means shopping
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New Publications November 2004
with the environment in mind by buying
products that help conserve natural
resources, save energy, and prevent waste or
by not purchasing items that aren't needed.
This document is part of the Resource
Conservation Challenge (RCC), which calls
on all Americans to prevent pollution,
promote recycling and reuse, and conserve
energy and materials.
CERCLA
TITLE: Proposal Guidelines for
Brownfields Job Training Grants
PUBLICATION DATE: November 2004
EPA NO.: EPA560-F-04-267
AVAILABILITY: Internet Only
URL: www.epa.gov/brownfields/
applicat.htm
This document assists eligible entities in
applying for Brownfields Job Training
Grants. The application deadline for
proposals is January 14, 2005. The grant
funds may be used to train residents in the
handling and removal of hazardous
substances, including training for jobs in
sampling, analysis, and site remediation.
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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
"Maine: Final Authorization of State
Hazardous Waste Management
Program Revision"
November 9, 2004 (69 FR 64861)
The State of Maine applied for final
authorization of changes to its hazardous
waste program under RCRA §3006(b), 42
U.S.C. 6926(b). EPA determined that these
changes satisfy all requirements needed to
qualify for final authorization and
authorized the state's changes through this
rule. The final authorization becomes
effective on January 10, 2005, unless EPA
receives adverse comments by December 9,
2004.
"Land Disposal Restrictions (LDR):
Site-Specific Treatment Standard
Variance for Selenium Waste for
Chemical Waste Management,
Chemical Services, LLC"
November 19, 2004 (69 FR 67647)
EPA granted a site-specific treatment
standard variance from the LDR treatment
standards for a selenium-bearing hazardous
waste generated by the glass manufacturing
industry. EPA granted this variance because
the chemical properties of the waste differ
significantly from those of the waste used to
establish the current LDR treatment standard
for selenium, and the submitted petition
adequately demonstrated that the waste
cannot be treated to meet this treatment
standard. In addition, EPA modified the
existing alternative treatment standard for
the Guardian selenium waste previously
granted to Heritage Environmental Services,
LLC (69 FR 6567; February 11, 2004), to be
consistent with the levels demonstrated by
this petition as best demonstrated available
technology for this selenium waste. This
rule becomes effective on January 3, 2005,
unless EPA receives adverse comment by
December 20, 2004.
EPCRA
"Emergency Planning and
Community Right-to-Know Act;
Extremely Hazardous Substances
List; Deletion of Phosmet"
November 26, 2004 (69 FR 68809)
EPA announced the deletion of phosmet
from the list of extremely hazardous
substances under EPCRA. Facilities with
phosmet on site are no longer required to
comply with emergency planning (EPCRA
§302) and emergency release notification
requirements (EPCRA §304). In addition,
facilities handling phosmet are no longer
required to file an emergency and hazardous
chemical inventory form and Material
Safety Data Sheet for phosmet with their
SERC, LEPC, or local fire department
(EPCRA §§311 and 312). The effective
date of this rulemaking is December 27,
2004.
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Federal Registers
November 2004
PROPOSED RULES
RCRA
"Central Characterization Project
Waste Characterization Program
Documents Applicable to
Transuranic Radioactive Waste
From the Savannah River Site
Proposed for Disposal at the Waste
Isolation Pilot Plant"
November 5, 2004 (69 FR 64558)
EPA announced the availability of and
solicited public comment on Department of
Energy documents on the waste
characterization programs applicable to
certain transuranic radioactive waste at the
Savannah River Site and proposed for
disposal at the Waste Isolation Pilot Plant.
Comments must be received by December 6,
2004.
"Maine: Proposed Authorization of
State Hazardous Waste Management
Program Revisions"
November 9, 2004 (69 FR 64880)
EPA proposed to grant final authorization
to the hazardous waste program revisions
submitted by the State of Maine. EPA
authorized the state's program revisions as a
direct final rule without prior proposal in the
Final Rules section (69 FR 64861;
November 9, 2004). The direct final rule
provides a detailed rationale for
authorization. The direct final rule is
effective January 10, 2005, unless EPA
receives adverse comments by December 9,
2004.
"Land Disposal Restrictions: Site-
Specific Treatment Variance for
Selenium Waste for Chemical Waste
Management, Chemical Services
LLC"
November 19, 2004 (69 FR 67695)
EPA proposed to grant a site-specific
treatment standard variance from the LDR
treatment standards for a selenium-bearing
hazardous waste from the glass
manufacturing industry. EPA granted the
variances as a direct final rule without prior
proposal in the Final Rules section (69 FR
67647; November 19, 2004). The direct
final rule provides a detailed rationale for
granting the variance. In addition, EPA
modified an existing treatment variance for
the same waste previously granted to
another treatment facility. The direct final
rule is effective January 3, 2005, unless EPA
receives adverse comments by December
20, 2004.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste"
November 26, 2004 (69 FR 68851)
EPA proposed to modify a conditional
exclusion (i.e., delisting) from the lists of
hazardous waste previously granted to
BMW Manufacturing Co., LLC (BMW), in
Greer, South Carolina. Comments must be
received by January 10, 2005.
"Waste Characterization Program
Documents Applicable to
Transuranic Radioactive Waste
From the Hanford Site for Disposal
at the Waste Isolation Pilot Plant"
November 30, 2004 (69 FR 69569)
EPA announced the availability of and
solicited public comment on Department of
Energy documents applicable to the
characterization of transuaric radioactive
waste from the Plutonium Finishing Plant at
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November 2004
Federal Registers
the Hanford, Washington, site for disposal at
the Waste Isolation Pilot Plant. Comments
must be received by December 30, 2004.
NOTICES
"Agency Information Collection
Activities; OMB Responses"
November 3, 2004 (69 FR 64048)
This document announced the Office of
Management and Budget (OMB) responses
to Agency clearance requests in compliance
with the Paperwork Reduction Act (44
U.S.C. 3501 etseq.). Specifically,
Information Collection Request (ICR)
Number 1593.06, "Air Emission Standards
for Tanks, Surface Impoundments and
Containers in 40 CFR Part 264/265, Subpart
CC," was approved September 24, 2004.
This ICR, OMB Control Number 2060-
0318, expires September 30, 2007.
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Hazardous Waste
Generator Standards (Renewal),
EPA ICR Number 0820.09, OMB
Control Number 2050-0035"
November 3, 2004 (69 FR 64049)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "Hazardous Waste Generator
Standards (Renewal)," ICR Number
0820.09, OMB Control Number 2050-0035.
The current expiration date for this ICR is
October 31, 2004. Comments must be
received by December 3, 2004.
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Requirements and
Exemptions for Specific RCRA
Wastes (Renewal), EPA ICR Number
1597.06, OMB Control Number 2050-
0145"
November 24, 2004 (69 FR 68342)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "Requirements and Exemptions
for Specific RCRA Wastes (Renewal)," ICR
Number 1597.06, OMB Control Number
2050-0145. The current expiration date for
this ICR is November 30, 2004. Comments
must be received by December 27, 2004.
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request: Facility
Ground-Water Monitoring
Requirements, EPA ICR Number
959.12, OMB Control Number 2050-
0033"
November 26, 2004 (69 FR 68898)
EPA announced that it plans to submit the
following ICR to OMB for review and
approval: "Facility Ground-Water
Monitoring Requirements," ICR Number
959.12, OMB Control Number 2050-033.
The current expiration date for this ICR is
January 31, 2005. Comments must be
received by January 25, 2005.
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Federal Registers
November 2004
CERCLA
"Notice of Disclosure of Confidential
Business Information Obtained
Under the Comprehensive
Environmental Response,
Compensation and Liability Act to
EPA Contractor Techlaw,
Incorporated and Its
Subcontractors"
November 9, 2004 (69 FR 64925)
EPA announced that it complied with the
requirements of 40 CFR §2.310(h) for
authorization to disclose to TechLaw, Inc. of
San Francisco, California, and its
subcontractors, confidential business
information submitted to EPA Region 9.
Comments must be received by November
24, 2004.
"Notice of Availability of the Model
Application/Information Request for
CERCLA Service Station Dealer
Exemption Under Section 114(c) of
the Comprehensive Environmental
Response, Compensation and
Liability Act (CERCLA)"
November 15, 2004 (69 FR 65596)
EPA announced the availability of the
document Model Application/Information
Request for CERCLA Service Station
Dealer Exemption.
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions
(Renewal), EPA ICR Number
1487.08, OMB Control Number 2050-
0179"
November 22, 2004 (69 FR 67904)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "Cooperative Agreements and
Superfund State Contracts for Superfund
Response Actions (Renewal)," ICR Number
1487.08, OMB Control Number 2050-0179.
The current expiration date for this ICR is
November 30, 2004. Comments must be
received by December 22, 2004.
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Application for
Reimbursement to Local
Governments for Emergency
Response to Hazardous Substance
Releases Under CERCLA Section
123 (Renewal), EPA ICR Number
1425.06, OMB Control Number 2050-
0077"
November 24, 2004 (69 FR 68340)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "Application for Reimbursement
to Local Governments for Emergency
Response to Hazardous Substance Releases
Under CERCLA Section 123 (Renewal),"
ICR Number 1425.06, OMB Control
Number 2050-0077. The current expiration
date for this ICR is November 30, 2004.
Comments must be received by December
27, 2004.
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request,
Continuous Release Reporting
Regulations (CRRR) Under CERCLA
1980 (Renewal), EPA ICR Number
1445.06, OMB Control Number 2050-
0086"
November 29, 2004 (69 FR 69368)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "Continuous Release Reporting
Regulations (CRRR) Under CERCLA 1980
(Renewal)," ICR Number 1445.06, OMB
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November 2004
Federal Registers
Control Number 2050-0086. The current
expiration date for this ICR is November 30,
2004. Comments must be received by
December 29, 2004.
EPCRA
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Community Right-to-Know
Reporting Requirements Under
Sections 311 and 312 of the
Emergency Planning and
Community Right-to-Know Act
(EPCRA) (Renewal), EPA ICR
Number 1352.10, OMB Control
Number 2050-0072"
November 3, 2004 (69 FR 64050)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "Community Right-to-Know
Reporting Requirements Under Sections 311
and 312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA)
(Renewal)," ICR Number 1352.10, OMB
Control Number 2050-0072. The current
expiration date for this ICR is October 31,
2004. Comments must be received by
December 3, 2004.
CAA
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; CAMEO Software Usability
Evaluation Survey, EPA ICR Number
2132.01"
November 12, 2004 (69 FR 65424)
EPA announced that it forwarded the
following ICR to OMB for review and
approval: "CAMEO Software Usability
Evaluation Survey," ICR Number 2132.01.
Comments must be received by December
13, 2004.
ALL PROGRAMS
"Agency Information Collection
Activities OMB Responses"
November 30, 2004 (69 FR 69598)
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 1572.06, "Hazardous Waste
Specific Unit Requirements and Special
Waste Processes and Types," was approved
October 14, 2004. This ICR, OMB Control
Number 2050-0050, expires October 31,
2007. Additionally, ICR Number 1049.10,
"Notification of Episodic Releases of Oil
and Hazardous Substances," was approved
October 5, 2004. This ICR, OMB Control
Number 2050-0046, expires October 31,
2007. ICR Number 1949.03,
"Implementation of Incentives Designed for
EPA's National Environmental Performance
Track Program," was approved November
12, 2004. This ICR, OMB Control Number
2010-0032, expires August 31, 2006.
SETTLEMENTS AND CONSENT
DECREES
"Consent Decree; United States and
State of Iowa v. City of Postville, Iowa"
November 4, 2004 (69 FR 64321)
"Consent Decree; United States v.
Robert Hummel, et al."
November 4, 2004 (69 FR 64321)
"Consent Decree; United States v.
Cabot Corporation, et al."
November 12, 2004 (69 FR 65454)
"Consent Decree; United States v. the
Atlantic Richfield Company"
November 18, 2004 (69 FR 67606)
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Federal Registers November 2004
"Consent Decree; United States v. the "Consent Decree; United States of
Atlantic Richfield Company" America and State of Louisiana v.
November 18, 2004 (69 FR 67607) CanadianOxy Offshore Production Co."
November 26, 2004 (69 FR 68978)
"Consent Decree; United States v. Esso
Standard Oil Co. S.A. Ltd." "Proposed Settlement; Lockformer
November 18, 2004 (69 FR 67608) Superfund Site-
November 26, 2004 (69 FR 68979)
10
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