EPA530-R-04-003a MONTHLY CALL CENTER REPORT January 2004 RCRA, Superfund & EPCRA Call Center (Services in support of OUST, OSW, OIAA, OEPPR, 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 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, 2003, and 2004 Monthly Call Center Reports may be accessed from the Internet. Go to the Call Center Home Page at www.epa.gov/epaoswer/hotline and select "Monthly Reports." The Call Center maintains an electronic mailing list named callcenter_oswer. Subscribers can have Call Center announcements and Monthly Call Center Reports e-mailed to them as they are released at no charge. * To subscribe to the Call Center electronic mailing list send a blank e-mail to: join-callcenter_oswer@lists.epa.gov * To unsubscribe from an EPA electronic mailing list send a blank e-mail to: leave-listname@lists.epa.gov For example, leave-callcenter_oswer@lists.epa.gov FREQUENTLY ASKED QUESTIONS In the event of a hazardous waste spill, what are the responsibilities of an emergency coordinator under RCRA? The emergency coordinator is responsible for coordinating all emergency response procedures at a RCRA facility and has the authority and control of resources to carry out the contingency plan. As a result, the emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the characteristics and location of the wastes handled, the location of all facility records, and the facility layout. Finally, the coordinator must be an employee who is either on the facility premises or on call and able to respond quickly to an emergency situation (40 CFR Section 264/265.55). Does a waste derived from a hazardous waste listed solely for exhibiting a characteristic of ignitability, corrosivity, and/or reactivity remain a hazardous waste when it no longer exhibits a hazardous waste characteristic? A solid waste derived from a hazardous waste listed solely for exhibiting a characteristic of ignitability, corrosivity, and/or reactivity is not a hazardous waste when it no longer exhibits any characteristic of hazardous waste (40 CFR Section 261.3(g)(2)(ii)). However, a waste listed solely for exhibiting the characteristic of ignitability, corrosivity, and/or reactivity that exhibits the characteristic at the point of generation and subsequently loses the characteristic is still subject to the land disposal restrictions requirements in Part 268 (66 FR 27266; May 16, 2001). Are transporters of universal waste required to have an EPA identification number? There is no regulatory citation in 40 CFR Part 273, Subpart D, that requires a universal waste transporter to have an EPA identification number; however, state requirements may be more stringent. When conducting a CERCLA removal action the lead agency is required to establish at least one local information repository at or near the location of the response action (40 CFR Section 300.415(n)(3)(iii)). What must the information repository contain? The information repository should contain information made available to the public, and all items in the repository must be available for public inspection and copying. Furthermore, an administrative record file established pursuant to Part 300, Subpart I, for all removal actions must be available for public inspection in at least one of the repositories. The lead agency is required to inform the public of the establishment of the information repository and provide notice of availability of the administrative record file for public review (Section 300.415(n)(3)(iii)). Is a National Pollution Discharge Elimination System (NPDES) permit required for an on-site response action at a CERCLA site? On-site response actions conducted pursuant to CERCLA Sections 104, 106, 120, 121, or 122 do not require federal, state, or local permits (40 CFR Section 300.400(e)(1)). However, an on- site response action must comply with the substantive (e.g., any federal or state standard, requirement, criteria, or limitation) parts of a requirement that would normally apply to a permitted activity (CERCLA Section 121(e)(1)). A permit may be required for any response action performed off site (Section 300.400(e)(2)). Owners or operators of facilities are required to provide initial written notification and follow-up notification after a continuous release as described in 40 CFR Section 302.8. Are facilities able to use the EPCRA Section 313 form in lieu of an initial written notification or follow-up notification? Facility owners and operators can submit to the appropriate EPA Regional Office a copy of the EPCRA Section 313 form submitted the previous July 1 in lieu of an initial written report or a follow-up report provided that they also include: the population density within a one-mile radius of the facility or vessel, the identity and location of sensitive populations and ecosystems within a one-mile radius of the facility or vessel, and specific chemical information for each hazardous substance release (40 CFR Section 302.8(j)). CALL CENTER QUESTIONS & ANSWERS RCRA 1. Application of LDR to Delisted Wastes An electroplating facility generates a wastewater treatment sludge that meets the F006 listing description in 40 CFR Section 261.31 and accumulates it on site in accordance with the Part 262 generator requirements. However, the generator demonstrates that the F006 sludge does not contain any of the Part 261, Appendix VII constituents for which it is listed (i.e., cadmium, hexavalent chromium, nickel, and cyanide). Additionally, the waste does not exhibit a hazardous waste characteristic and is not hazardous for any other reason. Thus, the generator applies for and is granted a site-specific delisting for the F006 sludge per Section 260.22. Must the generator comply with the land disposal restrictions (LDR) requirements before disposing of the delisted waste? The generator must comply with the LDR requirements before disposing of the delisted waste because LDR attaches at the point of generation. A delisting only absolves the generator from his obligation of handling the waste as hazardous. If a particular hazardous waste is eligible for a delisting and is granted the delisting prior to generation, then LDR requirements would not apply. Conversely, if a waste is generated and subsequently delisted, the generator would need to comply with the applicable Part 268 requirements before disposal. Although the generator of the wastewater treatment sludge remains subject to LDR, he or she may file a petition to receive a variance from the LDR requirements per Sections 268.42(b) or 268.44. For example, the generator may receive a variance from a treatment standard if he or she demonstrates that the waste cannot be treated to the specified LDR treatment standard levels because its physical or chemical properties differ significantly from the waste used to establish the LDR treatment standard (Section 268.44). 2. Amount of Waste Generated per Month Determines Generator Status An individual generates 75 kg of non-acutely hazardous waste each month from January to November. Instead of shipping this waste off site for disposal, the generator accumulates the waste on site in containers. In December, the generator produces an additional 75 kg of non-acutely hazardous waste and hires a transporter to ship a total of 900 kg off site for treatment and disposal. Is this generator subject to the conditionally exempt small quantity generator (CESQG) requirements or the small quantity generator (SQG) regulations during the month of December? This generator is subject to the CESQG regulations during the month of December because it generated no more than 100 kg of non- acutely hazardous waste in that month and accumulated no more than 1,000 kg of non-acutely hazardous waste on site at any one time (40 CFR Section 261.5). Generator status is based upon the amount of waste generated per calendar month and the total amount accumulated on site at any one time. The amount of waste shipped off site at any one time does not affect generator status, provided the waste is shipped off site prior to exceeding accumulation limits. If the generator accumulates more than a total of 1,000 kg of hazardous waste on site at any one time, then it would be subject to all provisions applicable to SQGs, including the Section 262.34(d) accumulation standards. In addition, this individual can generate 1 kg or less of acutely hazardous waste per calendar month and remain subject to the reduced CESQG regulations for the acutely hazardous waste, provided that no more than 1 kg of acutely hazardous waste is accumulated on site at any one time. If the amount generated or accumulated on site exceeds these thresholds, then all of the acutely hazardous waste would be subject to full regulation as applicable to large quantity generators (Section 261.5(e)). 3. Contaminated Media and Debris from Residential Heating Oil Tanks Petroleum-contaminated media and debris are excluded from RCRA Subtitle C regulation when they exhibit the toxicity characteristic for D018 through D043 and are subject to the corrective action regulations in Part 280 (40 CFR Section 261.4(b)(10)). If a heating oil underground storage tank (UST) that stores petroleum for consumptive use by residents leaks and contaminates the soil around it, are the petroleum-contaminated media and debris eligible for the regulatory exclusion in Section 261.4(b)(10)? An UST that stores heating oil for consumptive use on the premises where stored is not covered under the exclusion for petroleum-contaminated media and debris in Section 261.4(b)(10) because it does not meet the definition of an UST in Section 280.12 and is therefore not regulated under Part 280. Moreover, contaminated media and debris from a residential UST are not regulated under Subtitle C because they are considered "household wastes" as described in Section 261.4(b)(1) (58 FR 8504, 8505; February 12, 1993). 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: New Information about Disposing of Medical Sharps PUBLICATION DATE: November 2003 EPA ORDER NO.: EPA530-F-98-025C AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/other/medical/errata.pdf This document discusses alternative disposal methods for used needles and other medical sharps and explains how the improper management of these types of waste can pose a health risk to the public and waste workers. TITLE: Tribal Waste Journal. Alaska Villages Chart Their Own Course toward Solid Waste Solutions PUBLICATION DATE: February 2004 EPA ORDER NO.: EPA530-N-03-005 AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/non-hw/tribal/pdftxt/twj-3.pdf This journal is an important communication tool of the Resource Conservation Challenge (RCC). Specifically, this issue deals with several Alaskan villages that have overcome obstacles associated with solid waste management. CERCLA TITLE: Guidance for Developing Ecological Soil Screening Levels PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-55 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/SOPs.htm This document describes the process used to derive a set of risk- based ecological soil screening levels (Eco-SSLs) for many of the soil contaminants that are frequently of ecological concern for plants and animals at hazardous waste sites and provides guidance for their use. TITLE: Ecological Soil Screening Level for Aluminum Interim Final PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-60 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/index.html This document provides the Eco-SSL for aluminum and the documentation for its derivation. This guidance is designed to communicate the national policy on identifying aluminum concentrations in soil that may present unacceptable ecological risks to terrestrial receptors. TITLE: Ecological Soil Screening Levels for Antimony Interim Final PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-61 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/index.html This document provides the Eco-SSLs for antimony and the documentation for their derivation. This guidance is designed to communicate the national policy on identifying antimony concentrations in soil that may present unacceptable ecological risks to terrestrial receptors. TITLE: Ecological Soil Screening Levels for Barium Interim Final PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-63 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/index.html This document provides the Eco-SSLs for barium and the documentation for their derivation. This guidance is designed to communicate the national policy on identifying barium concentrations in soil that may present unacceptable ecological risks to terrestrial receptors. TITLE: Ecological Soil Screening Levels for Beryllium Interim Final PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-64 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/index.html This document provides the Eco-SSLs for beryllium and the documentation for their derivation. This guidance is designed to communicate the national policy on identifying beryllium concentrations in soil that may present unacceptable ecological risks to terrestrial receptors. TITLE: Ecological Soil Screening Levels for Cobalt Interim Final PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-67 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/index.html This document provides the Eco-SSLs for cobalt and the documentation for their derivation. This guidance is designed to communicate the national policy on identifying cobalt concentrations in soil that may present unacceptable ecological risks to terrestrial receptors. TITLE: Ecological Soil Screening Level for Iron Interim Final PUBLICATION DATE: November 2003 OSWER DIRECTIVE: 9285.7-69 AVAILABILITY: Internet Only URL: www.epa.gov/ecotox/ecossl/index.html This document provides the Eco-SSL for iron and the documentation for its derivation. This guidance is designed to communicate the national policy on identifying iron concentrations in soil that may present unacceptable ecological risks to terrestrial receptors. 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 "Pennsylvania: Final Authorization of State Hazardous Waste Management Program Revision" January 20, 2004 (69 FR 2674) Pennsylvania 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 Pennsylvania's changes through this rule. The final authorization becomes effective on March 22, 2004, unless EPA receives adverse comments by February 19, 2004. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 13, 2004 (69 FR 1923) EPA announced the deletion of the Poamoho section of the Del Monte Corporation (Oahu Plantation) Superfund Site from the National Priorities List (NPL). This partial deletion is effective January 13, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 15, 2004 (69 FR 2304) EPA announced the deletion of the Selected Perimeter Area of the Rocky Mountain Arsenal Site from the NPL. This partial deletion is effective January 15, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 15, 2004 (69 FR 2306) EPA announced the deletion of the Surface Deletion Area of the Rocky Mountain Arsenal Site from the NPL. This partial deletion is effective January 15, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 28, 2004 (69 FR 4077) EPA announced the deletion of the Tyler Refrigeration Pit Superfund Site from the NPL. This direct final deletion will be effective March 29, 2004, unless EPA receives adverse comments by February 27, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 29, 2004 (69 FR 4249) EPA announced the partial deletion of the Hubbell/Tamarack City parcel of Operable Unit I of the Torch Lake Superfund Site from the NPL. This direct final partial deletion will be effective March 29, 2004, unless EPA receives adverse comments by March 1, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List Update" January 29, 2004 (69 FR 4253) EPA announced the deletion of the River Road Landfill Site from the NPL. This deletion is effective January 29, 2004. PROPOSED RULES RCRA "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Dyes and/or Pigments Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities; Designation of Five Chemicals as Appendix VIII Constituents; Addition of Five Chemicals to the Treatment Standards of F039 and the Universal Treatment Standards" January 8, 2004 (69 FR 1319) EPA announced several corrections to the proposed rule "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Dyes and/or Pigments Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities; Designation of Five Chemicals as Appendix VIII Constituents; Addition of Five Chemicals to the Treatment Standards of F039 and the Universal Treatment Standards" originally published in the Federal Register on November 25, 2003 (68 FR 66165). "Pennsylvania: Final Authorization of State Hazardous Waste Management Program Revision" January 20, 2004 (69 FR 2696) EPA proposed to grant final authorization to the hazardous waste program revisions submitted by the State of Pennsylvania. EPA authorized the state's changes as a direct final rule without prior proposal in the final rules section (69 FR 2674; January 20, 2004). The direct final rule provides a detailed rationale for authorization. Unless adverse comments are received by February 19, 2004, the final rule will become effective March 22, 2004. "Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusions From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; Extension of Comment Period" January 30, 2004 (69 FR 4463) EPA extended the end of the comment period for the proposed rule entitled "Proposed Conditional Exclusions from Hazardous and Solid Waste for Solvent Contaminated Industrial Wipes'' (68 FR 65586; November 20, 2003) from February 18, 2004, until March 19, 2004. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 28, 2004 (69 FR 4096) EPA announced its intent to delete the Tyler Refrigeration Pit Superfund Site from the NPL and requested public comments on this notice of intent. Comments must be received by February 27, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" January 29, 2004 (69 FR 4270) EPA announced its intent to delete the Hubbell/Tamarack City parcel of Operable Unit I of the Torch Lake Superfund Site from the NPL and requested public comments on this notice of partial deletion. Comments must be received by March 1, 2004. NOTICES RCRA "Agency Information Collection Activities OMB Responses" January 5, 2004 (69 FR 338) 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 et seq.). Specifically, Information Collection Request (ICR) Number 1381.07, "Recordkeeping and Reporting Requirements for Solid Waste Disposal Facilities and Practices," was approved on November 24, 2004. This ICR, OMB Number 2050-0122, expires November 30, 2006. "Science Advisory Board Staff Office; Notification of Upcoming Science Advisory Board Meetings of the Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Panel" January 6, 2004 (69 FR 657) EPA's Science Advisory Board (SAB) Staff Office announced that public teleconferences of the Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Panel will be held from 1:00 PM to 5:00 PM EST on January 16, February 6, and February 27, 2004. "Agency Information Collection Activities: Proposed Collection; Comment Request; Reporting and Recordkeeping Requirements under EPA's WasteWise Program; EPA ICR Number 1698.05, OMB Control Number 2050-0139" January 13, 2004 (69 FR 1977) EPA announced that it is planning to submit the following ICR to OMB for review and approval: "Reporting and Recordkeeping Requirements under EPA's WasteWise Program," ICR Number 1698.05, OMB Control Number 2050-0139. The current expiration date for this ICR is May 31, 2004. Comments must be received by March 15, 2004. CERCLA "National Advisory Council for Environmental Policy and Technology (NACEPT) Superfund Subcommittee Meeting" January 16, 2004 (69 FR 2595) EPA announced that the Superfund Subcommittee of NACEPT will meet on February 11 and 12, 2004, in Arlington, Virginia. The meetings are open to the public. "Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J, EPA ICR Number 1664.05, OMB Control Number 2050-0141" January 22, 2004 (69 FR 3134) EPA announced that the following ICR has been forwarded to OMB for review and approval: "National Oil and Hazardous Substances Pollution Contingency Plan Regulation, Subpart J," ICR Number 1664.05, OMB Control Number 2050-0141. The current expiration date for this ICR is January 31, 2004. Comments must be submitted on or before February 23, 2004. ALL PROGRAMS "Agency Information Collection Activities OMB Responses" January 27, 2004 (69 FR 3912) EPA announced OMB responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Specifically, ICR Number 1353.07, "Land Disposal Restrictions No-Migration Variances," was approved December 16, 2003. This ICR, OMB Number 2050-0062, expires December 31, 2006. Also, ICR Number 1981.02, "Distribution of Off-Site Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act" was approved December 15, 2003. This ICR, OMB Number 2050- 0172, expires December 31, 2006. In addition, the expiration date for ICR Number 1572.05, "Hazardous Waste Specific Unit Requirements and Special Waste Processes and Types," was extended December 22, 2003. This ICR, OMB Number 2050-0062, expires March 31, 2004. Finally, OMB filed a comment on ICR Number 1656.10, "Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under Section 112(r) of the Clean Air Act (Proposed Rule)" on December 15, 2003. SETTLEMENTS AND CONSENT ORDERS "Consent Decree; United States v. The City of Corpus Christi" January 2, 2004 (69 FR 106) "Consent Decree; United States v. City of Hastings, Concrete Industries, Inc., Cooperative Producers, Inc., Desco Corporation, Dutton-Lainson Company, Dravo Corporation, and Morrison Enterprises" January 2, 2004 (69 FR 106) "Proposed Administrative Settlement; Grant Warehouse Time- Critical Removal Site" January 5, 2004 (69 FR 343) "Consent Decree; United States v. Saunders Supply Company, et al." January 7, 2004 (69 FR 938) "Consent Decree; United States v. Stepan Company" January 7, 2004 (69 FR 938) "Consent Decree; United States v. Winitsky Associates" January 7, 2004 (69 FR 938) "Proposed Administrative Settlement; General Oil Site" January 9, 2004 (69 FR 1586) "Proposed Administrative Settlement; Service Waste, Inc. Site" January 13, 2004 (69 FR 1979) "Proposed Settlement Agreement; National Steel Corporation Sites" January 15, 2004 (69 FR 2362) "Proposed Agreement; Bargaineer's Center Superfund Site" January 16, 2004 (69 FR 2595) "Proposed Administrative Settlement; Liquid Dynamics Site" January 16, 2004 (69 FR 2596) "Proposed Administrative Agreement; Brunswick Wood Preserving Superfund Site" January 22, 2004 (69 FR 3144) "Proposed Administrative Agreement; Morgan Materials, Inc. Superfund Site" January 22, 2004 (69 FR 3144) "Proposed Settlement Agreement; East Walker River" January 23, 2004 (63 FR 3390) "Proposed Administrative Settlement; NL Industries (Taracorp) Site" January 26, 2004 (69 FR 3583) "Proposed Administrative Settlements; Frontier Hard Chrome Superfund Site" January 27, 2004 (69 FR 3917) "Proposed Administrative Settlement; Malvern TCE Superfund Site" January 30, 2004 (69 FR 4515)