EPA530-R-04-003e MONTHLY CALL CENTER REPORT May 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 What are the employee training requirements for universal waste handlers? Small quantity handlers of universal waste must inform all employees that handle or have responsibilities for managing universal waste. This information must include the proper handling and emergency procedures appropriate to the type of universal waste managed at the facility (40 CFR Section 273.16). Large quantity handlers of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relative to their responsibilities during normal facility operations and emergencies (Section 273.36). Can an owner or operator of a treatment, storage, or disposal facility (TSDF) use the same mechanism to comply with both closure and post-closure care financial assurance requirements in Part 264, Subpart H? An owner or operator of a TSDF may satisfy the requirements for financial assurance for both closure and post-closure care by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in Sections 264.143 and 264.145. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and post-closure care (Section 264.146). How long must the owner or operator of a TSDF maintain the operating record? The owner or operator must keep the operating record until closure of the facility (Sections 264/265.73(b)). In addition, the retention period for all records required in Parts 264/265 is extended automatically during the course of any unresolved enforcement action or as requested by the implementing agency (Sections 264/265.74(b)). Is a site that has already been deleted from the National Priorities List (NPL) eligible for additional fund-financed remedial actions? All sites deleted from the NPL are eligible for further fund- financed remedial actions, should future conditions warrant such actions. Whenever there is a significant release from a site deleted from the NPL, the site shall be restored to the NPL without application of the Hazard Ranking System (Section 300.425(e)(3)). What is a field-constructed underground storage tank (UST)? A field-constructed UST is usually constructed of steel or concrete, shaped like a flat vertical cylinder, and has a capacity of greater than 50,000 gallons. In contrast, factory- constructed bulk tanks are typically long, horizontal cylinders of less than twelve feet in diameter. Tanks principally factory- built but assembled in the field are factory-built tanks. Welding two halves of a factory-built tank together in the field does not qualify as a field-constructed tank (53 FR 37082, 37110; September 23, 1988). When completing the off site consequence analysis for a Risk Management Plan, how does the owner or operator determine the worst case release quantity? For substances in vessels, the worst case release quantity is the largest amount present in a single vessel. For substances in pipes, the worst case release quantity is the largest amount in a pipe. Facilities may take into account administrative controls that limit the maximum quantity (Section 68.25(b)). CALL CENTER QUESTIONS & ANSWERS EPCRA 1. Metal Conversion Not Occurring During Waste Management A TRI-covered facility exceeds the processing activity threshold for lead and must file a Form R documenting all releases and other waste management activities of lead. During on-site processing of a mixture containing lead, all of the lead in the mixture is oxidized and converted to lead oxide, a lead compound. Some of the mixture is subsequently managed as waste. Although lead compounds are coincidentally manufactured when the mixture is processed, the facility does not exceed activity thresholds for the lead compounds category. Must the facility document the waste management activities associated with the coincidentally manufactured lead compounds on its Form R for lead? The facility is not required to document any releases or waste management activities associated with the coincidentally manufactured lead compounds on its Form R for lead. If a facility does not exceed an activity threshold for lead compounds, it is not required to account for the releases and other waste management activities of the lead compounds unless the chemical conversion from lead to lead compounds occurred after the lead entered as wastestream. 2. EPCRA Section 313 Reporting of Chemical Conversions Occurring in Process A TRI-covered facility exceeds an activity threshold for Toxic Chemical A and reacts Toxic Chemical A in a process to create Toxic Chemical B. One hundred percent of Toxic Chemical A is converted during the process. Is Toxic Chemical A considered "treated for destruction" and, therefore, reportable in Section 7A (On-site Waste Treatment) and in Section 8.6 (Quantity Treated Onsite) on the Form R? Toxic Chemical A is not considered "treated for destruction" and is not reportable on the Form R assuming the conversion did not occur in a wastestream. Treatment for destruction is defined as destruction of a toxic chemical in waste such that the substance is no longer the toxic chemical subject to reporting under EPCRA Section 313 (40 CFR Section 372.3). Chemical conversions that occur in a wastestream meet the regulatory definition of treatment for destruction and are reportable. Chemical conversions that occur in process (i.e., chemical conversions that do not occur in a wastestream) are not reportable as treated for destruction. If the chemical conversion results in the creation of an EPCRA Section 313 toxic chemical then the quantity of that toxic chemical must be counted toward the manufacturing threshold for that toxic chemical. 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: Plug-In to eCycling: Guidelines for Materials Management PUBLICATION DATE: May 2004 EPA ORDER NO.: EPA530-K-04-004 AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/osw/conserve/plugin/guide.pdf This document contains facility guidelines for considering the acceptance of partners to the Plug-In to eCycling Campaign. EPA developed these guidelines based on what they believe to be the most important elements for protection of human health and the environment in managing end-of-life electronics. However, EPA recognizes that there may be facility specific practices that do not conform to every element of these guidelines but still ensure the protection of human health and the environment. TITLE: Puedes Hacer Una Diferencia: Aprende Sobre las Carreras para el Manejo de Desechos (Spanish - You Can Make a Difference: Learn about Careers in Waste Management) PUBLICATION DATE: March 2004 EPA ORDER NO.: EPA530-F-02-011s AVAILABILITY: Internet/NSCEP URL: www.epa.gov/epaoswer/general/espanol/sp-careers.pdf This publication is the Spanish translation of You Can Make a Difference: Learn about Careers in Waste Management (EPA530-F-02- 011). This document is a general resource for students and others interested in starting a career in waste management. It contains information on how to get a job with EPA, how to apply for EPA internships and fellowships, and options for advanced education. TITLE: Reutilizacion + Reciclaje = Reduccion de Desechos: Una Guia para Escuelas y Grupos (Spanish - Reuse + Recycling = Waste Reduction: A Guide for Schools and Groups) PUBLICATION DATE: March 2004 EPA ORDER NO.: EPA530-K-03-001s (also listed as EPA530-K-03-0014s) AVAILABILITY: Internet/NSCEP URL: www.epa.gov/epaoswer/general/espanol/sp-school.pdf This publication is the Spanish translation of Reuse + Recycling = Waste Reduction: A Guide for Schools and Groups (EPA530-K-03- 001). This document discusses how waste reduction efforts save money, energy, and natural resources, and educates children and young adults about how solid waste affects their lives and the environment. TITLE: El Ciclo de Vida de un CD o DVD (Spanish - The Life Cycle of a CD or DVD) PUBLICATION DATE: February 2004 EPA ORDER NO.: EPA530-H-03-002s AVAILABILITY: Internet/NSCEP URL: www.epa.gov/epaoswer/general/espanol/sp-lifecd.pdf This poster is the Spanish version of The Life Cycle of a CD or DVD (EPA530-H-03-002). This poster follows the life cycle of a CD or DVD, including how these products are made and how to reduce their environmental impacts. TITLE: Haciendo AŁn M s Verde ("Greenscaping") su C‚sped y Jardˇn (Spanish - "Greenscaping" Your Lawn and Garden) PUBLICATION DATE: February 2004 EPA ORDER NO.: EPA530-K-03-002s AVAILABILITY: Internet/NSCEP URL: www.epa.gov/epaoswer/general/espanol/sp-lawn.pdf This document is the Spanish version of "Greenscaping" Your Lawn and Garden (EPA530-K-03-002). This document discusses how landscaping practices produce large amounts of waste and lists some simple waste reduction practices to improve your lawn and garden and the environment. RMP TITLE: Identifying Chemical Reactivity Hazards: Preliminary Screening Method PUBLICATION DATE: May 2004 EPA ORDER NO.: EPA550-F-04-004 AVAILABILITY: Internet Only URL: yosemite.epa.gov/oswer/ceppoweb.nsf/content/RecentAdditions.html This document discusses a simple method developed by the Center for Chemical Process Safety (CCPS) to screen small and medium facilities for chemical reactivity hazards. The CCPS preliminary screening method is a tool to help facilities identify where chemical reactivity hazards are likely to occur on site and may be applicable to a wide range of activities including warehousing, repackaging, blending, mixing, and processing. 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 "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion" May 27, 2004 (69 FR 30227) EPA granted a petition submitted by the Bekaert Corporation to exclude (i.e., delist) wastewater treatment sludge from electroplating operations generated by its Dyersburg, Tennessee, facility from the lists of hazardous waste. This final rule conditionally excludes the petitioned waste from the hazardous waste requirements under RCRA when disposed of in a lined, Subtitle D landfill that is permitted, licensed, or registered by a state to manage industrial waste. The effective date of this rulemaking is May 27, 2004. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" May 13, 2004 (69 FR 26506) EPA announced the deletion of the Florence Land Recontouring Landfill Superfund Site from the National Priorities List (NPL). The effective date of this rulemaking is May 13, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" May 20, 2004 (69 FR 29076) EPA announced the deletion of the Odessa Chromium 2, North and South Plumes, Superfund Site from the NPL. The effective date of this rulemaking is July 19, 2004, unless EPA receives adverse comments by June 21, 2004. PROPOSED RULES RCRA "Intent To Evaluate Whether the Waste Isolation Pilot Plant Continues To Comply With the Disposal Regulations and Compliance Criteria" May 24, 2004 (69 FR 29645) EPA announced its intention to evaluate and recertify whether the Waste Isolation Pilot Plant (WIPP) is in compliance with EPA's environmental radiation protection standards for the disposal of radioactive waste. The closing date of the public comment period will be announced in a subsequent Federal Register. UST "Missouri: Tentative Approval of Missouri Underground Storage Tank Program" May 5, 2004 (69 FR 25053) Missouri applied for approval of its underground storage tank (UST) program under Subtitle I of RCRA. EPA reviewed the application and made the tentative determination that Missouri's UST program satisfies all requirements necessary to qualify for approval. A public hearing will be held to solicit comments on the application unless insufficient public interest is expressed by June 4, 2004. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" May 20, 2004 (69 FR 29120) EPA announced its intent to delete the Odessa Chromium 2, North and South Plumes, Superfund Site, OU-1 and OU-2, from the NPL. Comments must be received by June 21, 2004. NOTICES RCRA "Central Characterization Project Waste Characterization Program Documents Applicable to Transuranic Radioactive Waste From Los Alamos National Laboratory Proposed for Disposal at the Waste Isolation Pilot Plant" May 4, 2004 (69 FR 24590) EPA announced the availability of and requested comments on Department of Energy (DOE) documents applicable to the characterization by the Central Characterization Project (CCP) of transuranic radioactive waste located at the Los Alamos National Laboratory (LANL) proposed for disposal at the WIPP. Additionally, EPA announced its plans to inspect the CCP at LANL during the week of April 26, 2004. Comments must be received by June 3, 2004. "Central Characterization Project Waste Characterization Program Documents Applicable to Transuranic Radioactive Waste From Lawrence Livermore National Laboratory Proposed for Disposal at the Waste Isolation Pilot Plant" May 12, 2004 (69 FR 26351) EPA announced the availability of and requested comments on DOE documents applicable to the characterization by the CCP of transuranic radioactive waste located at the LLNL proposed for disposal at the WIPP. Additionally, EPA announced its plans to inspect the CCP at LLNL during the week of May 3, 2004. Comments must be received by June 11, 2004. "Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting and Recordkeeping Requirements Under EPA's WasteWise Program (Renewal), EPA ICR Number 1698.05, OMB Control Number 2050-0139" May 25, 2004 (69 FR 29717) EPA announced the following Information Collection Request (ICR) has been forwarded to the Office Of Management and Budget (OMB) for review and approval: "Reporting and Recordkeeping Requirements Under EPA's WasteWise Program (Renewal)," 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 June 24, 2004. CERCLA "EPA Region III Comprehensive Environmental Response, Compensation and Liability Act Program; Transfer of Information to Contractors and Subcontractors" May 25, 2004 (69 FR 29727) EPA announced its intention to authorize certain contractors and subcontractors access to information submitted to EPA under CERCLA. Some of this information may be claimed or determined to be confidential business information. Contractor access to this information will occur June 24, 2004. Comments must be received by June 24, 2004. EPCRA "Agency Information Collection Activities: Proposed Collection; Comment Request; Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), EPA ICR Number 1352.10, OMB Control Number 2050-0072" May 21, 2004 (69 FR 29304) EPA announced its plans to submit 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)," 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 July 20, 2004. CAA "National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances; Notice of Public Meeting" May 26, 2004 (69 FR 29939) EPA announced that a meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held June 14 through June 16, 2004, in the Netherlands. The NAC/AEGL Committee will address acute toxicity and the development of acute exposure guideline levels. Oil Program "Notice Concerning Certain Issues Pertaining to the July 2002 Spill Prevention, Control, and Countermeasure (SPCC) Rule" May 25, 2004 (69 FR 29728) EPA announced that it has partially settled litigation over the SPCC rule and provided clarification regarding loading racks, impracticability, produced water tanks at dry gas facilities, and the term "facility." EPA also announced the availability of a memo from the Office of Solid Waste and Emergency Response to the Petroleum Marketers Association of America concerning integrity testing, security, and loading racks. ALL PROGRAMS "Notice of Open Meeting, Environmental Financial Advisory Board, Workshop on Financial Assurance Mechanisms" May 27, 2004 (69 FR 30292) EPA announced that a meeting of the Preventing Future Non-Funded Abandoned Sites Project Workgroup of the Environmental Financial Advisory Board will be held on June 14 and 15, 2004, in New York, New York. The meeting will address the financial test for self- insurance and corporate guarantees; corporate sibling guarantees; disclosure; the strengths and pitfalls of insurance; insurer ratings and capitalization requirements; and captive insurance. SETTLEMENTS AND CONSENT ORDERS "Proposed Settlement; Gem Park Complex/Old Vermiculite Mine Site" May 3, 2004 (69 FR 24156) "Consent Decree; United States v. The Glidden Company" May 6, 2004 (69 FR 25414) "Proposed Settlement; PCB Treatment, Inc. Superfund Site" May 7, 2004 (69 FR 25578) "Proposed Settlement; Creede Airport Properties Site" May 12, 2004 (69 FR 26389) "Proposed Settlement; Tyler Refrigeration Pit Superfund Site" May 13, 2004 (69 FR 26602) "Consent Decree; United States of America, State of California, and South Coast Air Quality Management District v. Keysor- Century Corporation" May 13, 2004 (69 FR 26617) "Consent Decree; United States of America v. Koch Industries, Inc., Koch Pipeline Company, L.P., and Flint Hill Resources, L.P." May 13, 2004 (69 FR 26618) "Consent Decree; United States v. Madison County, Florida, et al." May 13, 2004 (69 FR 26618) "Consent Decree; United States v. Precision National Plating Services, Inc." May 13, 2004 (69 FR 26619) "Proposed Settlement; Whitmoyer Laboratories Superfund Site" May 19, 2004 (69 FR 28887) "Proposed Settlement; General Color Company Superfund Site" May 19, 2004 (69 FR 28887) "Proposed Settlement; Diamond Alkali Superfund Site" May 19, 2004 (69 FR 28887) "Consent Decree; United States v. Waste Management of Washington, Inc." May 19, 2004 (69 FR 28949) "Consent Decree; United States of America v. Koch Industries, Inc., Koch Pipeline Company, L.P., and Flint Hill Resources, L.P." May 19, 2004 (69 FR 28992) "Consent Decree; United States v. Heartland Cement Company, Inc. and Rineco, Inc." May 27, 2004 (69 FR 30322) "Consent Decree; United States v. David L. Rieker" May 27, 2004 (69 FR 30332)