EPA530-R-03-002e MONTHLY CALL CENTER REPORT May 2003 RCRA, Superfund & EPCRA Call Center (Services in support of OUST, OSW, OIAA, OEPPR, and OERR) 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 U.S. Environmental Protection Agency Washington, DC 20460 Availability The complete text of the 1991 (November and December only), 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 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, leave-callcenter_oswer@lists.epa.gov FREQUENTLY ASKED QUESTIONS When does an owner or operator of a permitted facility who uses the financial test or corporate guarantee to fulfill RCRA financial assurance requirements need to update and submit a closure cost estimate to the implementing agency? The closure cost estimate must be updated for inflation within 30 days of the close of the facility's fiscal year and it must be placed in the updated financial records that are kept at the facility (40 CFR Section 264.142(d)). Owners or operators who use the financial test or corporate guarantee have 90 days after the close of the fiscal year to submit all updated information, including the updated cost estimate, to the implementing agency (Section 264.143(f)(5)). Are conditionally exempt small quantity generators (CESQGs) exempt from the used oil management standards in Part 279? The Part 279 standards do not contain an exemption for any class of generators based on used oil generation rate. As a result, all used oil generators producing used oil through commercial or industrial operations and vehicle services are subject to the same uniform standards (57 FR 41566, 41584; September 10, 1992). Only the individuals listed in Section 279.20(a)(1) through (4) are exempt from the Part 279 generator requirements. What is the Comprehensive Procurement Guidelines (CPG) Supplier Database? The CPG Supplier Database is a comprehensive list of registered companies that provide items containing federally required amounts of recycled materials. To be listed in the database, companies must fill out the Supplier Information Form, which provides EPA with information about the company and products. A copy of the form can be found at www.ergweb2.com/cpg/ infoform.htm. For a CERCLA removal action that has a planning period of at least six months, how long must an agency allow for submission of written and oral comments regarding the Engineering Evaluation/Cost Analysis (EE/CA)? The lead agency must provide a reasonable opportunity, of no less than 30 calendar days, for submission of written and oral comments after completion of the EE/CA (Section 300.415(n)(4)(iii)). In addition to identifying applicable or relevant and appropriate requirements (ARARs) for CERCLA response actions, the lead or support agency may also identify other "to be considered" requirements (Section 300.400(g)(3)). What is included in this "to be considered" category? The "to be considered" category consists of advisories, criteria, or guidance that were developed by EPA, other federal agencies, or states that may be useful in developing CERCLA remedies (Section 300.400(g)(3)). Although identification of "to be considered" requirements is not mandatory, they may be helpful in determining what is protective at a site or how to carry out certain response actions (55 FR 8666, 8745; March 8, 1990). Can the Regional Administrator (RA) require a facility to have an SPCC Plan even if that facility does not meet the oil storage capacity thresholds in Section 112.1(d)(2)(ii)? Pursuant to Section 112.1(f), the RA may require an owner or operator of any facility subject to EPA jurisdiction under CWA Section 311(j) to prepare and implement an SPCC Plan (Section 122.1(f)). CALL CENTER QUESTIONS AND ANSWERS EPCRA 1. Qualification of SIC Code 4953, Refuse Systems Toxic Release Inventory reporting under EPCRA Section 313 (40 CFR Part 372) applies to the owner and operator of a facility in Standard Industrial Classification (SIC) code 4953, Refuse Systems, provided the facility is regulated under the Resource Conservation and Recovery Act (RCRA), Subtitle C, 42 USC Section 6921, et sequitur (40 CFR Section 372.22(b)). Does Section 372.22(b) limit the Part 372 applicability of facilities within SIC code 4953 to hazardous waste treatment, storage, and disposal facilities (TSDFs)? The qualification of SIC code 4953 does not limit the Part 372 applicability of facilities within SIC code 4953 to hazardous waste TSDFs. Any facility in SIC code 4953 that is regulated under Subtitle C of RCRA meets the SIC code criterion in Section 372.22(b), whether the facility is a hazardous waste generator, a hazardous waste transporter, or a hazardous waste TSDF. 2. EPCRA Section 313 Personal Use Exemption A facility subject to EPCRA Section 313 uses chlorine to treat water that serves both as process water and as drinking water for the facility's employees. When making threshold determinations and release and other waste management calculations, can the facility owner or operator claim the personal use exemption in 40 CFR Section 372.38(c)(3) for the amount of chlorine used to treat the employees' drinking water? The personal use exemption allows a facility owner or operator to disregard quantities of toxic chemicals employed solely for personal use by employees or other persons at the facility. It does not apply, however, when a discrete amount of an EPCRA Section 313 toxic chemical is employed both for personal use and process-related activities. Thus, in this example, the chlorine used to treat water that serves dually as employee drinking water and facility process water is not eligible for the personal use exemption. Similarly, if the facility supplies heat to its employees' offices by combusting fuel, and that fuel also powers the facility's process-related equipment, the facility owner or operator cannot claim the personal use exemption for any of the toxic chemicals present in the fuel. 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: Open Dump Cleanup Project Helps Tribes Fight Waste PUBLICATION DATE: May 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-005 URL: www.epa.gov/epaoswer/non-hw/tribal/pdftxt/opendump.pdf This document explains the Open Dump Cleanup Project and describes how this multi-agency commitment will help tribes throughout Indian Country close open dumps, clean up waste on tribal lands, and develop safe solid waste management practices. TITLE: RCRA Online: A Quick Reference Guide PUBLICATION DATE: March 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-011 URL: www.epa.gov/rcraonline/trifold.pdf This quick reference document describes RCRA Online, how to access RCRA Online, and provides suggestions for performing topic searches, full text searches, and advanced searches. TITLE: Resource Conservation Challenge (kit) PUBLICATION DATE: May 2003 AVAILABILITY: Call Center EPA ORDER NO.: EPA530-E-03-700 This kit includes the following publications, which are intended to raise awareness of waste reduction and recycling: Recycle: You Can Make a Ton of Difference (EPA530-F-92-003); Collecting Used Oil for Recycling/Reuse (EPA530-F-94-008); Household Hazardous Waste: Steps to Safe Management (EPA530-F-92-031); The Consumer's Handbook for Reducing Solid Waste (EPA530-K-96-003); Volunteer for Change: A Guide to Environmental Community Service (EPA530-K-01-002); Resource Conservation Challenge: What Can You Save Today? (EPA530-F-02-031); and Resource Conservation Challenge: Campaigning Against Waste (EPA530-F-02-033). CERCLA TITLE: Using Dynamic Field Activities for On-Site Decision- Making: A Guide for Project Managers PUBLICATION DATE: May 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA540-R-03-002 OSWER DIRECTIVE: 9200.1-40 URL: www.epa.gov/superfund/programs/dfa/download/guidance/40r03002.pdf This document provides environmental cleanup professionals with guidance on how to use an on-site decision-making process to streamline fieldwork at contaminated sites. TITLE: Using Dynamic Field Activities for On-Site Decision-Making PUBLICATION DATE: May 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA540-F-03-011 OSWER DIRECTIVE: 9200.1-47FS URL: www.epa.gov/superfund/programs/dfa/download/guidance/brochure.pdf This fact sheet provides site project managers with an overview of the information they need to oversee the effective implementation of dynamic field activities at their sites. In addition, the guidance seeks to educate other key decision-makers (e.g., relevant EPA personnel, contractors, other federal and state agencies, and potentially responsible parties) about their roles in implementing this process. EPCRA TITLE: How Are the Toxics Release Inventory Data Used? PUBLICATION DATE: May 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA260-R-02-004 URL: www.epa.gov/tri/guide_docs/index.htm This report provides an overview of the different ways in which TRI data are used. The types of data collected under TRI and the public availability of information make TRI a powerful tool for many environmental analyses and aid in understanding the factors that influence human health and environmental conditions. 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 Section 112(r) Federal Registers, choose: Air. FINAL RULES RCRA "Virginia: Final Authorization of State Hazardous Waste Management Program Revision" May 2, 2003 (68 FR 23407) EPA withdrew the direct final rule, "Virginia: Final Authorization of State Hazardous Waste Management Program Revision," published in the March 13, 2003 Federal Register (68 FR 11981) due to receipt of adverse comment. "Texas: Final Authorization of State Hazardous Waste Management Program Revisions" May 5, 2003 (68 FR 23607) Texas applied for final authorization of changes to its hazardous waste program under RCRA Section 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. This final authorization becomes effective on June 16, 2003, unless adverse comments are received by May 15, 2003. "Utah: Final Authorization of State Hazardous Waste Management Program Revision" May 29, 2003 (68 FR 31980) EPA withdrew the direct final rule, "Utah: Final Authorization of State Hazardous Waste Management Program Revision," published in the April 10, 2003 Federal Register (68 FR 17556) due to receipt of adverse comment. CERCLA "National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List Update" May 1, 2003 (68 FR 23211) EPA announced the deletion of a portion of the South Indian Bend Wash Superfund Site from the National Priorities List (NPL). This final rule is effective May 30, 2003. "Clarification to Interim Standards and Practices for All Appropriate Inquiry Under CERCLA" May 9, 2003 (68 FR 24888) EPA clarified that, in the case of property purchased on or after May 31, 1997, the requirements for conducting "all appropriate inquiry," including the conduct of such activities to qualify as a bona fide prospective purchaser and to establish an innocent landowner defense under CERCLA, can be satisfied through the use of ASTM Standard E1527-00. In addition, recipients of brownfields site assessment grants will be in compliance with the all appropriate inquiry requirements if they comply with either the ASTM Standard E1527-97 or the ASTM Standard E1527-00. This final rule is effective June 9, 2003. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" May 21, 2003 (68 FR 27746) EPA announced the partial deletion of the Cecil Field Naval Air Station Superfund Site from the NPL. This final rule is effective June 20, 2003. "National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List" May 22, 2003 (68 FR 27931) EPA announced the deletion of the Rose Park Sludge Pit Superfund Site from the NPL. This direct final deletion will be effective June 30, 2003, unless EPA receives adverse comments by June 23, 2003. "National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List" May 22, 2003 (68 FR 27933) EPA announced the deletion of the Petrochem Recycling Corporation/Ekotek, Inc., Superfund Site from the NPL. This direct final deletion will be effective June 30, 2003, unless EPA receives adverse comments by June 23, 2003. PROPOSED RULES RCRA "Project XL Site-Specific Rulemaking for Anne Arundel County Millersville Landfill, Severn, MD" May 13, 2003 (68 FR 25550) EPA proposed to provide site-specific regulatory flexibility under RCRA for the Anne Arundel County Millersville Landfill and Resource Recovery Facility, Severn, Maryland. The county, the State of Maryland, and EPA signed a Final Project Agreement for this project that would allow for the addition of liquids to this landfill. Written comments on this proposal must be received on or before June 12, 2003. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" May 6, 2003 (68 FR 23939) EPA announced its intent to delete the Pepe Field Superfund Site from the NPL and requested public comment on this proposed action. Comments may be submitted on or before June 5, 2003. "Advisory Committee for Regulatory Negotiation Concerning All Appropriate Inquiry; Meeting" May 12, 2003 (68 FR 25312) EPA announced the next meeting of the Negotiated Rulemaking Committee on All Appropriate Inquiry scheduled for June 10 and 11, 2003, in Washington, DC. At this meeting, the committee will negotiate the contents of a proposed regulation setting federal standards and practices for conducting all appropriate inquiry. "National Oil and Hazardous Substance, Pollution Contingency Plan; National Priorities List" May 22, 2003 (68 FR 27954) EPA announced its intent to delete the Rose Park Sludge Pit Superfund Site from the NPL and requested public comment on this proposed action. Comments must be received by June 23, 2003. "National Oil and Hazardous Substance, Pollution Contingency Plan; National Priorities List" May 22, 2003 (68 FR 27954) EPA announced its intent to delete the Petrochem Recycling Corporation/Ekotek, Inc., Superfund Site from the NPL and requested public comment on this proposed rule. Comments must be received by June 23, 2003. ALL PROGRAMS "Spring 2003 Regulatory Agenda" May 27, 2003 (68 FR 30942) 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 RCRA "Development and Implementation of a Mercury Lamp Recycling Outreach Program" May 12, 2003 (68 FR 25368) EPA requested applications for funding of the second phase of the Lamp Recycling Outreach Program. This phase includes implementation of the outreach plans, tools, and materials developed under the first phase of the program. Applications must be submitted on or before July 11, 2003. "Agency Information Collection Activities: Continuing Collection; Comment Request; Land Disposal Restrictions No-Migration Variances" May 19, 2003 (68 FR 27057) EPA announced that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: "Land Disposal Restrictions No- Migration Variances," ICR Number 1353.07, OMB Control Number 2050- 0062. The current expiration date for this ICR is September 30, 2003. Comments must be submitted on or before July 18, 2003. "Agency Information Collection Activities OMB Responses" May 22, 2003 (68 FR 28002) 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 1773.06," NESHAP for Hazardous Waste Combustors," was approved May 1, 2003. This ICR, OMB Number 2050-0171, expires May 31, 2006. CERCLA "Availability of the Feasibility Study and Proposed Plan for the St. Louis North County Site for Public Review and Comment" May 1, 2003 (68 FR 23290) EPA and the St. Louis District, U.S. Army Corps of Engineers proposed to cleanup contaminants at the St. Louis North County Site resulting from uranium manufacturing and processing activities conducted during the early years of the nation's atomic energy program. This site is being addressed under CERCLA. The feasibility study and proposed plan will be available for public review May 1 through 30, 2003. "National Advisory Council on Environmental Policy and Technology (NACEPT) Superfund Subcommittee Meeting" May 13, 2003 (68 FR 25605) EPA announced that the Superfund Subcommittee, a subcommittee of NACEPT, will meet on June 17 and 18, 2003, in Fairhaven, Massachusetts. CAA "Agency Information Collection Activities: Proposed Collection; Comment Request; Distribution of Offsite Consequence Analysis Information Under Section 112(r)(7)(H) of the Clean Air Act (CAA)" May 12, 2003 (68 FR 25367) EPA announced that the following ICR has been forwarded to OMB for review and approval: "Distribution of Off-Site Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act (CAA)," ICR Number 1981.02, OMB Control Number 2050-0172. The current expiration date for this ICR is October 31, 2003. Comments must be submitted on or before July 11, 2003. ALL PROGRAMS "National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances; Notice of Public Meeting" May 28, 2003 (68 FR 31700) EPA announced that a meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGLs) Committee will be held on June 17 through 19, 2003, in Washington, DC. The NAC/AEGLs Committee will address various aspects of the acute toxicity and the development of AEGLs for the following chemicals: benzene, bromine pentafluoride, bromine trifluoride, chlorine pentafluoride, formaldehyde, hydrogen iodide, hydrogen selenide, methyl thiocyanate, nickel carbonyl, and nitric acid. SETTLEMENTS AND CONSENT DECREES "Proposed Administrative Order; PCB Treatment, Inc., Superfund Site" May 1, 2003 (68 FR 23306) "Proposed Administrative Settlement; Gerdau Ameristeel, Inc., d/b/a/ Gerdau Ameristeel, Perth Amboy and Gerdau Ameristeel, Sayerville" May 1, 2003 (68 FR 23306) "Consent Decree; United States v. Godley Auction Company, Inc." May 1, 2003 (68 FR 23320) "Consent Decree; United States v. IT Higbie Manufacturing Company, et al." May 1, 2003 (68 FR 23321) "Consent Decree; United States v. Kayser-Roth Corporation" May 1, 2003 (68 FR 23321) "Proposed Administrative Cost Recovery Settlement; Franklin Street Superfund Site" May 7, 2003 (68 FR 24475) "Proposed Administrative Cost Recovery Agreement; Nelson Galvanizing Superfund Site" May 8, 2003 (68 FR 24740) "Consent Decree; United States v. Morgantown Engineering and Construction, Inc." May 8, 2003 (68 FR 24756) "Consent Decree; United States v. Metal Management Midwest, Inc." May 8, 2003 (68 FR 24756) "Consent Decree; United States v. Wyeth, et al." May 8, 2003 (68 FR 24757) "Proposed Stipulation and Agreement; United States of America, et al. v. The Ed Krewatch Partnership, et al." May 15, 2003 (68 FR 26353) "Proposed Administrative Order; PCB Treatment, Inc., Superfund Site" May 16, 2003 (68 FR 26613) "Proposed Administrative Order; PCB Treatment, Inc., Superfund Site" May 16, 2003 (68 FR 26614) "Proposed Administrative Order; PCB Treatment, Inc., Superfund Site" May 16, 2003 (68 FR 26615) "Proposed Administrative Order; PCB Treatment, Inc., Superfund Site" May 16, 2003 (68 FR 26615) "Proposed Purchaser Agreement; Wade/ABM Superfund Site" May 16, 2003 (68 FR 26616) "Proposed Settlement; Southern Solvents Superfund Site" May 21, 2003 (68 FR 27806) "Consent Decree; United States and State of Arizona v. Arizona Public Service Company" May 22, 2003 (68 FR 28015) "Consent Decree; United States v. Tecumseh Products Company" May 22, 2003 (68 FR 28016) "Proposed Administrative Settlement; Central Steel Drum Superfund Site" May 23, 2003 (68 FR 28222) "Proposed Settlement; Southern Solvents Superfund Site" May 29, 2003 (68 FR 32037) "Proposed Administrative Settlement; Gerdau Ameristeel, Inc., d/b/a Gerdau Ameristeel, Perth Amboy and Gerdau Ameristeel, Sayerville" May 30, 2003 (68 FR 32507)