HOTLINE MONTHLY REPORT
MAY 1994
HOTLINE QUESTIONS AND ANSWERS
RCRA
1.Energy Recovery On-Site Constitutes Reuse
for the Generator Processing Exemption
A facility generates off-specification used oil that the used
oil generator wants to burn on-site for energy recovery. The used
oil generator filters the off-specification used oil in order to
remove impurities. After filtering the used oil, the generator
burns it in an on-site industrial furnace. Does the filtering
activity meet the definition of processing in 279.1 and,
therefore, subject the generator to the used oil processor
standards in 40 CFR Part 279, Subpart F?
While filtering can meet the definition of processing, used oil
generators may filter, clean, or otherwise recondition their own
used oil on-site for reuse on-site without meeting the processor
requirements (59 FR 10560; March 4, 1994; 279.20(b)(2)(ii)(A)).
The Agency believes that on-site energy recovery constitutes reuse
for purposes of this provision. If, on the other hand, the
generator filters the used oil for subsequent burning off-site,
the generator would be subject to the processor requirements in
Part 279, Subpart F.
Under the generator processing exemptions in 279.20(b), EPA
allows on-site but not off-site burning of used oil generated from
on-site activities. This approach best enables the Agency to
encourage beneficial on-site reuse and recycling activities that
pose limited risks. At the same time, the Agency ensures that
activities undertaken primarily to make used oil amenable for
shipment to an off-site burner are regulated under the more
stringent processor standards (59 FR 10556; March 4, 1994).
CERCLA
2.Reportable Quantity Adjustments Under CERCLA and the CWA
In CERCLA 102, Congress established reporting requirements for
hazardous substances released to the environment, and directed EPA
to assign and adjust their applicable reportable quantities.
CERCLA⺳ definition of hazardous substance includes any substances
designated pursuant to 311(b)(2)(A) of the CWA. A substance
designated pursuant to the CWA is assigned a reportable quantity
(RQ) based on aquatic toxicity criteria. This substance is
automatically included as a CERCLA hazardous substance, with the
CWA RQ serving as the CERCLA statutory RQ. To determine the final
RQ, EPA evaluates the possibility of harm from a release of the
hazardous substance, and may adjust the CERCLA RQ based on
scientific and technical criteria including ignitability,
reactivity, chronic toxicity, and potential carcinogenicity. The
adjustment of a CERCLA RQ could potentially cause a conflict
between the CERCLA and CWA reporting thresholds. How is this
conflict resolved?
When an RQ is adjusted under CERCLA the applicable RQ under the
CWA is also adjusted so that the RQs under both programs are
always consistent. In the April 4, 1985, final rule, EPA added
specific regulatory language to the CWA regulations at 40 CFR
117.3 and the CERCLA regulations at 40 CFR 302.4 to ensure that
RQs adjusted under CERCLA would be similarly adjusted for the CWA
requirements (50 FR 13456, 13473). A release is reportable under
CERCLA if an RQ of a hazardous substance is released to the
environment within a twenty-four hour period. Reporting under the
CWA is required when an RQ of a substance is released to navigable
waters within a twenty-four hour period. Because 䌷eleases to
navigable waters?is a subset of 䌷eleases to the environment?br>
(CERCLA 101(8)), different RQs would render notification
requirements more confusing for the regulated community.
EPA employs an RQ adjustment procedure to ensure that RQs are
always consistent. An example of this procedure can be found in
the rule that adjusted the reportable quantities (RQs) for lead
metal, lead compounds, lead-containing hazardous wastes, and
methyl isocyanate (58 FR 35314; June 30, 1993). Lead acetate,
designated under CWA 311, received a CWA RQ of 5000 pounds. The
5000 pound RQ acted as the statutory CERCLA RQ until the June 30,
1993, rule adjusted it to 10 pounds (58 FR 35314). The 10 pound
RQ is the final RQ for purpose of both CERCLA and CWA reporting.
In the same rule, EPA adjusted the final CERCLA RQ for lead
chloride. This substance had been evaluated using CERCLA criteria
and received a final RQ of 100 pounds (51 FR 34535, 34542;
September 29, 1986). New data on the chronic toxicity of lead,
however, prompted EPA to readjust the RQ to 10 pounds. The same
methodology for making RQs consistent between CERCLA and the CWA
applies to this situation, so that the 10 pound RQ replaces the
100 pound RQ under both programs. When a hazardous substance is
released to navigable waters, one report to the NRC will satisfy
the reporting requirements of CERCLA and the CWA.
EPCRA
3.Isomer Reporting Under EPCRA 313
Xylene is a chemical that can exist as three different isomers:
ortho-, meta-, and para-xylene. A facility processes two of the
three isomers in separate streams, along with an additional stream
containing a mixture of xylene isomers of unknown concentrations.
For the purposes of reporting under EPCRA 313, how would the
facility determine if an activity threshold has been exceeded?
How would the facility report the xylene on the Form R?
The toxic chemical list at 40 CFR 372.65, contains four xylene
listings (mixed isomers, ortho-, meta-, and para-xylene) which
appear with their own CAS number. The CAS number specified for
xylene (mixed isomers), 1330-20-7, apply to any combination of
xylene isomers. The facility must make separate threshold
determinations for each individual chemical list of 372.65. If
the thresholds are not exceeded for any of the individual xylene
listings of 372.65, then the facility would not have to report on
any releases of xylene at the facility. For example, if the
facility processes, in separate streams, 10,000 pounds of ortho-
xylene (CAS number 95-47-6), 10,000 pounds of para-xylene (CAS
number 106-42-3), and 10,000 pounds of xylene where the isomers
are mixed in unknown concentrations (CAS number 1330-20-7), a
threshold is not exceeded for any of the xylene listings.
Therefore, no reports for xylene would be required. The
quantities of the individual xylene listings processed by the
facility should not be aggregated for the purposes of making
threshold determinations.
If the thresholds are exceeded for two or more of the
individual isomer xylene listings, the facility has two choices
when filling out the Form R. According to the Toxic Chemical
Release Inventory Questions and Answers, the facility may file
separate Form Rs for each isomer or unique isomer mixture listed
in 372.65, or the facility may file one combined report. For
example, the facility processes, in separate streams, 30,000
pounds of ortho-xylene (CAS number 95-47-6), 30,000 pounds of
para-xylene (CAS number 106-42-3), and 30,000 pounds of xylene
where the isomers are mixed in unknown concentrations. Because
the activity threshold for each of the three xylene listings is
exceeded independently, the facility can report releases from each
of three listings separately on three different Form Rs (one for
ortho-xylene, one for para-xylene, and one for the mixed isomers)
or the facility can report all xylene releases on one Form R as
xylene (mixed isomers).
NEW PUBLICATIONS
NTIS Publications are available by calling (703) 487-4650, or
writing NTIS, 5285 Port Royal Road, Springfield, VA 22161.
Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline.
Use the EPA Order Number listed under the document.
RCRA/UST, Superfund, and EPCRA
National Toll-Free Nos.: 800-424-9346 or 800-424-9346
Local: 703-412-9810
RCRA
TITLE: "Catalogue of Hazardous and Solid Waste Publications:
Seventh Edition"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-93-002
The catalogue provides document numbers, titles, dates, summaries,
and ordering information for publications pertaining to RCRA. The
information in the catalogue is current through December 1993 and
only the documents that are frequently requested are included.
The catalogue includes a new section, Electronic Media.
TITLE: "Native American Network"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-94-002
This quarterly newsletter focuses on RCRA issues relevant to
Native Americans. The spring/summer 1994 issue contains
information about the EPA/VISTA Alaska Project which is a two-
year pilot project addressing solid waste management issues in
Alaska. The newsletter also discusses proper disposal methods for
household hazardous waste, summarizes three municipal solid waste
videos, and introduces the 1994 International Hazardous Materials
Spills Conference to be held in Buffalo, New York.
TITLE: "Environmental Fact Sheet: EPA Proposes Comprehensive
Procurement Guideline"
AVAILABILITY: Hotline
EPA ORDER NO.:EPA530-F-94-015
This fact sheet discusses a new proposed rule concerning federal
procurement of products containing recovered materials. Under the
provisions of 6002 of RCRA, government agencies are encouraged to
purchase items with recycled content, which is intended to
stimulate markets for recycled products. EPA is required to
designate items that can be made with recovered materials and to
recommend practices for procuring these items. This fact sheet
outlines EPA's proposal to designate 21 new items which should be
purchased with the highest attainable percentage of recycled
content, and briefly identifies the four components of an
affirmative procurement program.
TITLE: "Municipal Solid Waste Landfill Permit Programs: A Primer
for Tribes"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-94-001
This booklet provides an overview of the MSWLF permit program in
order to help tribes decide whether it would be appropriate to
develop and operate such a program. More specifically, it
describes the advantages, discusses options for development,
summarizes EPA's requirements, and outlines the process for
applying for permit program approval.
TITLE: "Draft Hazardous Waste Minimization and Combustion
Strategy"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-D-94-002
This document provides an overview of EPA's Draft Waste
Minimization and Combustion Strategy, and discusses how to
implement source reduction and the waste combustion permitting
procedures. It outlines the goals and objectives of the project,
provides a series of short and long-term actions to achieve these
goals, and provides an overview of the implementation of the draft
strategy since May 1993.
TITLE: "Environmental Fact Sheet: More Public Participation in
RCRA Permitting Process Proposed"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-94-014
This fact sheet announces EPA's issuance of a proposed rule
pertaining to public participation in RCRA and revisions to the
permitting process for combustion facilities. As part of the
implementation of the Draft Waste Minimization and Combustion
Strategy, EPA is proposing to expand public participation
opportunities and to require interim status combustion facilities
to adhere to stricter standards.
TITLE: "Executive Summary: Combustion Emissions Technical
Resources Document (CETRED)"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-S-94-014
In the Draft Combustion Emissions Technical Resource Document
(CETRED), EPA's technical analysis of emissions from certain
types of devices that burn hazardous waste is summarized.
TITLE: "Combustion Emissions Technical Resource Document
(CETRED)"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-94-014
CETRED contains EPA's initial technical analysis of emissions from
certain types of devices that burn hazardous waste. This effort
is the preliminary step in the development of upgraded standards
governing emissions from hazardous waste combustors. The document
contains a detailed review of thermal processes and equipment used
to combust hazardous waste, characterization of emission levels,
and the techniques used to control emissions. CETRED can be
regarded as a preliminary technical analysis of certain hazardous
waste combustors and their emissions, and is intended to be used
as guidance in the approaches used to establish technology based
standards and the emission levels representative of best operation
practices.
TITLE: "Draft RCRA Hazardous Waste Minimization National Plan"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-D-94-001
This draft document outlines EPA's plan for reducing the amount
and toxicity of hazardous waste generated nationally. It sets
forth the goals and objectives of this project, and provides a
discussion of specific mechanisms EPA is considering in achieving
the goal of pollution prevention. It also outlines the general
method for developing a RCRA waste minimization strategy.
TITLE: "Summary of Draft RCRA Hazardous Waste Minimization
National Plan"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-S-94-002
This document provides an outline of specific components of the
Draft RCRA Hazardous Waste Minimization National Plan and
discusses how to implement EPA's goal of waste minimization.
UST
TITLE: "Doing It Right II: Installing Required UST Equipment-
Video" AVAILABILITY: Environmental Media Center (800) 552-0362
This video is a companion to Doing It Right: Proper Installation
of Underground Storage Tanks and Piping. The original video was
produced before EPA published federal rules requiring equipment to
prevent pollution, detect leaks, and protect groundwater. This
new video focuses on the installation of overfill prevention
equipment, spill containment devices, observation wells, and
piping leak detection systems.
CERCLA
TITLE: "Conducting Non-Time-Critical Removal Actions Under
CERCLA"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 422
Non-time-critical removal actions are conducted at Superfund sites
when the lead agency determines that a removal action is
appropriate, and a planning period of at least six months is
available before on-site activities must begin. This factsheet
summarizes a document entitled Guidance on Conducting Non-Time-
Critical Removal Actions Under CERCLA, (OSWER Directive 9360.0-
32), which describes the essential components of the non-time-
critical removal action process with particular emphasis on the
Engineering Evaluation/Cost Analysis (EE/CA). The guidance is to
be used in conjunction with EPA's Emergency Response Division
(ERD) Superfund Removal Procedures (SRP) manual.
TITLE: "Superfund Technical Assistance Grant (TAG) Handbook: The
Application Forms with Instructions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 353
This application package includes a blank Technical Assistance
Grant (TAG) application form along with detailed instructions on
the form's completion. The purpose of the TAG program is to
provide funds to citizen's groups affected by a Superfund site so
that they may hire independent technical advisors to help
interpret and comment on site-related information. The package
focuses on the successful completion of the form and other
pertinent documents necessary to obtain a TAG.
TITLE: "U.S. EPA Contract Laboratory Program National Functional
Guidelines for Inorganic Data Review"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 502
This document is designed to provide guidance on the Contract Lab
Program's (CLP) inorganic analytical data evaluation and review
procedures. The data review process provides information on
analytical limitations of data based on specific quality control
(QC) criteria. This document is intended to assist in the
technical review of data only, not in the determination of
contract compliance.
TITLE: "Progress Toward Implementing Superfund Fiscal Year 1991:
Report to Congress"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 234
As required under CERCLA 301(h), the Agency published its annual
report on response activities and accomplishments. Included in
the report is a comparison between remedial and enforcement
activities undertaken in FY91 with those activities occurring in
previous fiscal years. In addition to providing an overall
perspective on the program's progress in the past fiscal year, the
report contains an abstract of each Record of Decision (ROD) that
was signed in FY91; a report on the status of remedial actions,
including enforcement activities; and an evaluation of newly
developed feasible and achievable treatment technologies.
TITLE: "Emergency Responders Agreements for Fund-Lead Remedial
Actions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 418
Local responders are often called upon to provide emergency
support during remedial actions by Superfund program contractors.
In order to ensure proper compliance with Hazardous Waste
Operations and Emergency Response (HAZWOPER) standards, EPA may
enter into an agreement with local responders for Emergency
Response Services. This factsheet further discusses the
importance of an Emergency Responders Agreement and provides a
sample agreement form.
EPCRA
TITLE: "Toxic Chemical Release Inventory Reporting Form R and
Instructions: Revised 1993 Version"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-K-94-001
Manufacturing facilities that met employee and activity thresholds
in 1993 must file the Toxic Release Inventory Reporting Form R by
July 1, 1994. The reporting package contains an instruction book,
computer diskettes for magnetic media submissions, and the Form R.
TITLE: "Toxics Release Inventory: List of Toxic Chemicals"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-B-94-001
On December 1, 1993, EPA added 32 new chemicals and 2 chemical
categories to the Toxic Chemical List. This document lists all of
the toxic chemicals alphabetically and by CAS number.
TITLE: "Issues and Concerns for the Definitions and Guidance for
the Requirements of 6607 of the Pollution Prevention Act; Summary
of Discussion of the Toxics Data Reporting Subcommittee of the
National Advisory Council for Environmental Policy and Technology"
AVAILABILITY: Hotline
EPA ORDER NO.: NA
Section 6607 of the Pollution Prevention Act of 1990 (PPA)
mandated additional data elements be added to the Form R. The
Toxics Data Reporting (TDR) Subcommittee of NACEPT addressed EPA's
implementation of these data elements. This paper provides a
summary of the TDR Subcommittee's issues and concerns raised
during their meetings on this topic.
TITLE: "The Emergency Planning and Community Right-to-Know Act:
Section 313 Release Reporting Requirements"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA700-K-94-001
Manufacturing facilities that meet employee and activity
thresholds must file annually the Toxic Release Inventory
Reporting Form R. This brochure describes in detail which
facilities and chemicals are covered by the EPCRA 313 reporting
requirements. The pamphlet contains the list of toxic chemicals,
EPA regional contacts, and the list of covered Standard Industrial
Classification codes.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription PB94-922 400
530-R-94-005
January 1994 PB94-922 401
530-R-94-005a
February 1994PB 94-922 402
530-R-94-005b
March 1994 PB94-922 403
530-R-94-005c
April 1994 PB94-922 404
530-R-94-005d
May 1994 PB94-922 405
530-R-94-005e
The reports contain questions that required EPA resolution or were
frequently asked, publications availability, Federal Register
summaries, and Hotline call statistics.
The Monthly Hotline Report Questions and Answers are also
available for downloading at no charge from CLU-IN at (301) 589-
8366.
FEDERAL REGISTERS
FINAL RULES
RCRA
"Nevada; Final Authorization of Revisions to State Hazardous Waste
Management Program"
May 27, 1994 (59 FR 27472)
EPA intends to approve Nevada's hazardous waste program revisions
under RCRA. Final authorization will be effective June 27, 1994,
unless EPA publishes a prior action withdrawing this immediate
final rule. Comments must be received on or before July 26, 1994.
CERCLA
"National Priorities List (NPL) for Uncontrolled Hazardous Waste
Sites"
May 31, 1994 (59 FR 27989)
EPA announced the addition of 42 new sites to the NPL, 18 to the
General Superfund Section and 24 to the Federal Facilities
Section. This rule is effective June 30, 1994.
PROPOSED RULES
RCRA
"Identification and Listing of Hazardous Waste; Organobromine
Production Waste"
May 11, 1994 (59 FR 24530)
EPA proposed to amend RCRA regulations by listing as hazardous
waste solids and filter cartridges from the production of 2,4,6-
tribromophenol. The Agency also proposed to add 2,4,6-
tribromophenol to the list of commercial chemical products that
are hazardous wastes when discarded. Comments must be submitted
on or before July 11, 1994.
CERCLA/DOI
"Natural Resource Damage Assessments"
May 4, 1994 (59 FR 23098)
DOI proposed revisions of the CERCLA regulations for assessing
natural resource damages resulting from a discharge of a hazardous
substance as well as the Clean Water Act regulations for assessing
natural resource damages resulting from a discharge of oil.
Comments must be received on or before July 7, 1994.
NOTICES
RCRA
"Land Disposal Restrictions Exemption: Hoechst Celanese
Engineering Resins, Inc."
May 2, 1994 (59 FR 22614)
EPA granted a reissuance of an exemption to the RCRA land disposal
restrictions to Hoechst Celanese Engineering Resins, Inc. (HCER),
of Bishop, Texas, for the operation of Class I injection wells.
HCER has demonstrated that there will be no migration of hazardous
constituents from the injection zone of the wells. This action is
effective April 22, 1994.
"Land Disposal Restrictions Exemption; ARCO Chemicals"
May 2, 1994 (59 FR 22614)
EPA granted a reissuance of an exemption to the RCRA land disposal
restrictions to ARCO Chemicals, of Channelview, Texas, for the
operation of Class I injection wells. ARCO Chemicals has
demonstrated that there will be no migration of hazardous
constituents from the injection zone of the wells. This action is
effective April 22, 1994.
"Massachusetts; Adequacy Determination of State/Tribal Municipal
Solid Waste Landfill Permit Program"
May 5, 1994 (59 FR 23202)
Pursuant to RCRA 4005(c)(1)(C), EPA gave notice of a tentative
determination, public hearing, and public comment period
concerning the adequacy of Massachusetts' municipal solid waste
landfill permit program. The public hearing is scheduled for June
20, 1994. Comments must be received on or before June 4, 1994.
"Consent Decree; Hawaiian Western Steel, Inc."
May 5, 1994 (59 FR 23232)
A Consent Decree in United States v. Hawaiian Western Steel, Inc.
was lodged with the U.S. District Court for the District of Hawaii
on April 22, 1994. The decree requires the defendants to pay
$700,000 for RCRA violations, and to undergo specified corrective
action. Comments will be received for a period of 30 days from
the date of publication.
"Groundwater Monitoring at Municipal Solid Waste Landfills
(MSWLFs); Public Meetings"
May 9, 1994 (59 FR 23857)
EPA announced a series of four public, one-day meetings on
alternatives for groundwater monitoring at small, dry/remote
MSWLFs. The first meeting is scheduled for June 8, 1994, in Salt
Lake City, Utah.
"Campo Band of Mission Indians; Adequacy Determination of
State/Tribal Municipal Solid Waste Permit Program"
May 11, 1994 (59 FR 24422)
Pursuant to RCRA 4005(c)(1)(C), EPA gave notice of a tentative
determination, public hearing, and public comment period
concerning the adequacy of the Campo Band of Mission Indians'
municipal solid waste landfill permit program. The public hearing
is scheduled for June 30, 1994. Comments must be received on or
before July 14, 1994.
"Waste Analysis Plans (WAP) Guidance Manual; Notice of
Availability"
May 16, 1994 (59 FR 25455)
EPA announced a revision of the October 1984 Waste Analysis Plan
Guidance Manual. The manual is designed to assist the regulated
community, permit writers, and enforcement officials by
establishing criteria to properly evaluate and prepare RCRA waste
analysis plans.
"Land Disposal Restrictions (LDR); Clarification of the Dilution
Prohibition and Combustion of Inorganic Metal-Bearing Hazardous
Wastes"
May 27, 1994 (59 FR 27546)
EPA announced the availability of a memorandum setting out EPA's
policy on the application of the LDR dilution prohibition to the
combustion of inorganic metal-bearing hazardous wastes. Copies of
the memorandum may be obtained by calling or visiting the RCRA
Docket at EPA Headquarters.
"Land Disposal Restrictions Exemption; Sterling Chemicals"
May 31, 1994 (59 FR 28077)
EPA granted a reissuance of an exemption to the RCRA land disposal
restrictions to Sterling Chemicals, of Texas City, Texas, for the
operation of Class I injection wells. Sterling Chemicals has
demonstrated that there will be no migration of hazardous
constituents from the injection zone of the wells. This action is
effective May 13, 1994.
RCRA/CERCLA/OSHA
"Lead Subcommittee; Public Meeting"
May 2, 1994 (59 FR 22615)
EPA gave notice of a meeting of the Lead Subcommittee of the
National Advisory Council for Environmental Policy and Technology
to be held on May 11, 1994. The subcommittee will discuss final
draft working papers on selected topics, which will be used as
background for the subcommittee's report.
CERCLA
"National Priorities List; Bioclinical Laboratories Site"
May 9, 1994 (59 FR 23819)
EPA intends to delete the Bioclinical Laboratories Site in
Bohemia, New York, from the National Priorities List. This action
is being taken because Superfund Remedial Activities have been
completed and no further action is appropriate. Comments must be
submitted on or before May 9, 1994.
"Consent Decree; New Castle Abandoned Container Site"
May 9, 1994 (59 FR 23898)
A Consent Decree in United States v. Nashua Corporation, et al.,
was lodged with the U.S. District Court for the District of
Delaware on April 13, 1994. The decree requires the defendant to
reimburse EPA $300,000 for costs incurred in connection with the
New Castle Abandoned Container Site in New Castle, Delaware. Comments will be received for a period of 30 days from the date of
publication.
"Consent Decree; Firestone Tire and Rubber Co. Site"
May 16, 1994 (59 FR 25504)
A Consent Decree in United States v. Bridgestone/Firestone, Inc.,
et al., was lodged with the U.S. District Court for the middle
district of Georgia on April 25, 1994. The decree requires the
defendants to reimburse EPA $348,333 for costs incurred in
response to the Firestone Tire and Rubber Co. Site in Albany,
Georgia. Comments will be received for a period of 30 days from
the date of publication.
"Proposed Settlement; D. L. Mud, Inc. Site"
May 17, 1994 (59 FR 25643)
EPA proposed to enter into a settlement under CERCLA 122(h). The
settlement requires the defendants to pay EPA for costs incurred
in connection with the D. L. Mud, Inc. Site in Vermilion Parish,
Louisiana. Comments will be received for a period of 30 days from
the date of publication.
"Consent Decree; Donald Distler"
May 18, 1994 (59 FR 25960)
A Consent Decree in United States v. Donald Distler was lodged
with the U.S. District Court for the Western District of Kentucky
on April 26, 1994. The decree requires the defendants to
reimburse EPA for costs incurred in connection with several sites
in Hardin and Jefferson Counties in Kentucky. Comments will be
received for a period of 30 days from the date of publication.
"Modification of Consent Decree; Mill Creek Site"
May 18, 1994 (59 FR 26321)
A Modification of Partial Consent Decree in United States v.
Atlantic Richfield Company was lodged with the U.S. District Court
for the District of Montana on May 3, 1994. The modification
would allow ARCO to convey certain property to the Anaconda-Deer
Lodge County prior to completion of remediation of the Mill Creek
Operable Unit. Comments will be received for a period of 30 days
from the date of publication.
"Modification of Consent Decree; Ottati and Goss/Great Lakes
Construction Corporation Site"
May 19, 1994 (59 FR 26322)
A Modification of Partial Consent Decree in United States v.
Ottati and Goss, et al., was lodged with the U.S. District Court
for the District of New Hampshire on May 10, 1994. The
modification requires the Mobil Oil Corporation to reimburse EPA
$10,000 for costs incurred with the Ottati and Goss/Great Lakes
Construction Site in Kingston, New Hampshire. Comments will be
received for a period of 30 days from the date of publication.
"Consent Decree; Wyckoff/Eagle Harbor Site"
May 25, 1994 (59 FR 27032)
A Consent Decree in United States v. Pacific Sound Resources, et
al., was lodged with U.S. District Court for the Western District
of Washington on May 5, 1994. The decree requires the defendants
to reimburse EPA for costs incurred in connection with the
Wyckoff/Eagle Harbor Site in Seattle, Washington. Comments will
be received for a period of 30 days from the date of publication.
"Proposed Settlement; Forge Road Industrial Park Site"
May 26, 1994 (59 FR 27273)
EPA proposed to enter into an administrative settlement under
CERCLA 122(i). The settlement requires the defendant to
reimburse EPA $32,000 for costs incurred in connection with the
Forge Road Industrial Park Site in Canon City, Colorado. Comments
must be submitted on or before June 27, 1994.
"Consent Decree; Bunker Hill Site"
May 27, 1994 (59 FR 27579)
A Consent Decree in United States v. ASARCO, Inc., et al., was
lodged with the U.S. District Court for the District of Idaho on
May 10, 1994. The decree requires the defendants to reimburse EPA
for costs incurred in connection with the Bunker Hill Site in
Shoshone County, Idaho. Comments will be received for a period of
30 days from the date of publication.
"Consent Decree; NIES Site"
May 27, 1994 (59 FR 27580)
A Consent Decree in United States v. Chemical Waste Management of
Kansas, Inc., was lodged with the U.S. District Court for the
District of Kansas on April 18, 1994. The decree requires the
defendant to reimburse EPA for costs incurred in connection with
the NIES Site in Sedgwick County, Kansas. Comments will be
received for a period of 30 days from the date of publication.
"Consent Decree; Wedzeb Site"
May 27, 1994 (59 FR 27580)
A Consent Decree in United States v. Wedzeb Enterprises, Inc., et
al., was lodged with the U.S. District Court for the Southern
District of Indiana on May 12, 1994. The decree requires the
defendants to reimburse EPA $2.1 million for costs incurred in
connection with the Wedzeb Site in Lebanon, Indiana. Comments
will be received for a period of 30 days from the date of
publication.
"Proposed Agreement and Covenant Not to Sue; Anaconda Smelter
Site"
May 31, 1994 (59 FR 28077)
EPA proposed to enter into an Agreement and Covenant Not to Sue
under CERCLA 106 and 107. The settlement requires the
purchasers to implement the Anaconda-Deer Lodge Development system
and perform operations and maintenance as the contractor of the
responsible party. Comments will be received for a period of 30
days from the date of publication.
"Proposed Settlement; Garner Road Dump Site"
May 31, 1994 (59 FR 28078)
EPA proposed to enter into a settlement under CERCLA 122(h). The
settlement requires the settling parties to reimburse EPA for
costs incurred in connection with the Garner Road Dump Site in
Cordova, Alabama. Comments will be received for a period of 30
days from the date of publication.
CERCLA/CAA
"Consent Decree; Olin Corporation"
May 5, 1994 (59 FR 23233)
A Consent Decree in United States v. Olin Corporation was lodged
with the U.S. District Court for the Eastern District of Tennessee
on April 21, 1994. The decree requires the defendant to pay a
civil penalty of $1,000,000 for CAA and CERCLA violations.
Comments will be received for a period of 30 days from the date of
publication.
CERCLA/IRS
"Tax on Certain Imported Substances; Notice of Determination"
May 27, 1994 (59 FR 27652)
The Internal Revenue Service announced that the list of taxable
substances at 4672(a)(3) of the Internal Revenue Code will be
modified to include benzoic di-n-hexyl adipate, ortho-
dichlorobenzene, and para-dichlorobenzene. This modification is
retroactive, effective October 1, 1990.
"Tax on Certain Imported Substances; Notice of Determination"
May 27, 1994 (59 FR 27653)
The Internal Revenue Service announced that the list of taxable
substances at 4672(a)(3) will be modified to include
epichlorohydrin and allyl chloride. This modification is
retroactive, effective October 1, 1992.
"Tax on Certain Imported Substances; Notice of Determination"
May 27, 1994 (59 FR 27653)
The Internal Revenue Service announced that the list of taxable
substances at 4672(a)(3) will be modified to include para-
nitrophenol, ortho-nitrochlorobenzene, and para-nitrobenzene.
This modification is retroactive, effective July 1, 1990.
"Tax on Certain Imported Substances; Filing of Petition"
May 27, 1994 (59 FR 27654)
The Internal Revenue Service announced the acceptance of a
petition requesting that texanol benzyl phthalate be added to the
list of taxable substances under 4672(a)(3) of the Internal
Revenue Code. Comments must be received on or before July 26,
1994.
OUST
"Massachusetts; Approved of State Underground Storage Tank (UST)
Program"
May 17, 1994 (59 FR 25588)
EPA intends to approve Massachusetts' UST program in lieu of the
federal UST program. A public hearing is scheduled for June 30,
1994. Comments must be submitted on or before June 30, 1994.
EPCRA
"Forum on State and Tribal Toxics Action (FOSTTA); Open Meeting"
May 27, 1994 (59 FR 27547)
FOSTTA will hold two public meetings on June 13 and 14, 1994, in
Alexandria, Virginia. The meetings will address the Toxic Release
Inventory Project, the State and Tribal Enhancement Project, the
Chemical Management Project, and the Lead Project.
CALL STATISTICS
RCRA
Special Wastes
Ash 20
Mining Wastes,
Bevill 18
Medical Wastes 81
Oil and Gas 7
Subtitle C (General) 432
Hazardous Waste Id. (General) 1,512
Toxicity Characteristic 146
Wood Preserving 19
Listing of Used Oil 67
Fluff 1
Radioactive Mixed Waste 18
Delisting Petitions 22
Hazardous Waste Recycling 227
Generators 707
Small Quantity Generators 190
Transportation/Transporters 116
TSDFs General 290
TSDFs Siting Facilities 9
TSDFs Capacity 11
TSDFs Treatment 95
TSDFs Burning 99
TSDFs Storage 72
TSDFs Disposal 67
Land Disposal Restrictions 497
Permits and Permitting 115
Corrective Action 222
Financial Liability/Enforcement 121
Test Methods 118
Health Effects 19
Waste Min./Pollution Prevention 209
State Programs 93
Hazardous Waste Data 35
Household Hazardous Waste 164
Subtitle D (General) 631
Siting Facilities 14
Combustion 55
Industrial Waste 8
Composting 20
Source Reduction/Poll. Prev. 32
Grants & Financing 5
Procurement (General) 104
Building Insulation 4
Cement & Products with Fly Ash 3
Paper & Paper Products 5
Re-refined Lubricating Oil 2
Retread Tires 6
Solid Waste Recycling (General) 367
Aluminum 9
Batteries 37
Glass 8
Paper 19
Plastics 39
Tires 20
Used Oil 171
Markets (General) 7
Aluminum 3
Batteries 4
Compost 15
Glass 3
Paper 3
Plastics 2
Tires 12
Used Oil 16
RCRA General 1,891
TOTAL 9,334*
UST
General/Misc. 184
Applicability/Definitions 111
Regulated Substances 27
Standards for New Tank Systems 41
Tank Standards and Upgrading 26
Operating Requirements 33
Release Detection 80
Release Reporting &
Investigation 18
Corrective Action for USTs 108
Out-of-Service/Closure 52
Financial Responsibility 49
State Programs 31
Liability/Enforcement 19
LUST Trust Fund 12
TOTAL 791*
* Includes 324 UST document requests.
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 538
Trade Secrets 4
Enforcement 30
Liability/Citizen Suits 3
Training 71
Chemical-Specific Information
Emergency Planning (301-303):
General 122
Notification Requirements 56
SERC/LEPC Issues 30
EHSs/TPQs 41
Risk Communication/
Hazards Analysis 31
Exemptions 8
Emergency Release Notification (304):
General 119
Notification Requirements 96
Reportable Quantities 104
CERCLA 103 vs. SARA 304 58
ARIP/AHEDB/ERNS 5
Exemptions 18
Hazardous Chemical Reporting
(311-312):
General 94
MSDS Reporting Requirements 66
Tier I/II Requirements 110
Thresholds 35
Hazard Categories 7
Mixtures Reporting 8
Exemptions 48
Toxic Chemical Release Inventory (313):
General 1,196
Reporting Requirements 623
Thresholds 551
Form R Completion 1,958
Supplier Notification 28
NOTEs/NONs 10
Voluntary Revisions 54
Pollution Prevention 33/5072
Public Access to Data 180
TRI Database 77
Petitions 50
TRI Expansion 88
Exemptions 300
Special Topics:
CAA 112
General 85
RMPs 77
List of Regulated Substances 152
Federal Facilities Executive Order 105
TOTAL 7,386
*Includes 1,556 Emergency Planning and Community Right-to-Know
document requests
SUPERFUND
General/Misc. 227
Access & Information Gathering 31
Administrative Record 14
ARARs 75
CERCLIS 138
Citizen Suits 3
Claims Against Fund 17
Clean-Up Costs 28
Clean-Up Standards 64
Community Relations 40
Contract Lab Program (CLP) 20
Contractor Indemnification 5
Contracts 20
Definitions 25
Enforcement 42
Federal Facilities 22
Hazardous Substances 126
HRS 27
Liability 66
Local Gov't Reimbursement 4
Natural Resource Damages 8
NCP 36
Notification 86
NPL 240
Off Site Policy 21
OSHA 6
PA/SI 29
PRPs 25
RD/RA 34
Reauthorization 34
Remedial 91
Removal 43
RI/FS 40
Risk Assess./Health Effects 73
ROD 43
RQ263
SACM 12
Settlements 39
SITE Program 36
State Participation 6
State Program 8
TAGs 13
Taxes 5
Special Topics
Oil Pollution Act 72
SPCC Regulations 10
Radiation Site Cleanup 82
TOTAL 2,349*
*Includes 791 Superfund document requests.
TOTAL HOTLINE QUESTIONS, DOCUMENT
REQUESTS AND REFERRALS: 21,623
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