Monthly Hotline Report December 1998 EPA530-R-98-P005l SUB-9224-98-012 RCRA, Superfund, and EPCRA RCRA, Superfund, and EPCRA Hotline National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 This report is prepared and submitted in support of Contract No. 68-W6-0016. Judi Kane, Project Officer Wendy Timmons, Alternate Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Monthly Hotline Report Availability Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board via modem at (301) 589-8366 or telnet at clu-in.epa.gov. After registering, select Directory 8 from the file submenu. CLU- IN also has the Monthly Hotline Reports available via the World Wide Web (WWW) at: ftp://clu-in.com/download/hotline/ The complete text of the 1991 (November and December only), 1992, 1993, 1994, 1995, 1996, 1997, and 1998 Monthly Hotline Reports may be accessed via the WWW. The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. *To subscribe to the Hotline electronic mailing list send an e- mail to: listserver@unixmail.rtpnc.epa.gov Leave the subject line of the e-mail blank. Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINE_OSWER JOHN SMITH *To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224-98-000 January 1998 SUB-9224-98-001 February 1998 SUB-9224-98-002 March 1998 SUB-9224-98-003 April 1998 SUB-9224-98-004 May 1998 SUB-9224-98-005 June 1998 SUB-9224-98-006 July 1998 SUB-9224-98-007 August 1998 SUB-9224-98-008 September 1998 SUB-9224-98-009 October 1998 SUB-9224-98-010 November 1998 SUB-9224-98-011 RCRA Docket EPA and state personnel can order the Monthly Hotline Report from the RCRA Docket at (703) 603-9230. The order number for the 1998 yearly subscription is EPA530-R-98-005. HOTLINE QUESTIONS AND ANSWERS RCRA 1. Generator Closure Requirements Under the RCRA regulations, generators are persons who produce a hazardous waste or first cause a hazardous waste to become subject to regulation. RCRA regulates generators in three categories depending on how much waste they produce within a calendar month. These categories are large quantity generators (LQGs), small quantity generators (SQGs), and conditionally exempt small quantity generators (CESQGs). Each of these three categories has detailed provisions in 40 CFR Parts 261 and 262 for the management of hazardous waste during facility operation. On the other hand, Parts 261 and 262 do not contain specific provisions outlining requirements for closure of waste management units at such generator facilities. What are the closure requirements for hazardous waste generator waste management units? The specific generator closure provisions depend on the status of the generator and the types of accumulation units that the facility used to store or treat hazardous waste. LQGs are subject to the most stringent requirements, which include general closure provisions and unit-specific ones. The general closure requirements appear in Section 265.111 and Section 265.114 (Section 262.34(a)(1)). These standards require the minimization of the need for further maintenance of the site, and the minimization or elimination of post-closure escape of hazardous waste or constituents into the environment. These regulations also provide for the decontamination or removal of all contaminated equipment, structures, and soils. While LQGs must comply with Section 265.111, they are not subject to the Section 265.111(c), which pertains to requirements for closure plans and financial assurance. LQGs storing or treating waste in tanks, on drip pads, or in containment buildings are also subject to closure requirements specific to these types of units. Generators managing waste in tanks must decontaminate or remove all waste residues and contaminated tank system components. If this is not possible, the facility must close in accordance with landfill closure requirements and perform post-closure care (Sections 265.197(a) and (b)). Similar provisions apply to generator closure of drip pads (Section 265.445(a) and (b)) and containment buildings (Section 265.1102). LQGs managing waste in containers do not have unit-specific closure requirements. The closure standards for SQG waste management units are less extensive. SQGs managing waste in tanks must remove all hazardous waste from such tanks, discharge control equipment, and discharge confinement structures (Section 265.201(d)). SQGs managing waste in containers do not have unit-specific closure requirements. CESQGs waste management units do not have closure requirements. The table below fully outlines the closure requirements applicable to each category of generator. CLOSURE LQGs SQGs CESQGs REQUIREMENT General Section None None Standards 262.34(a)(1) Sections 265.111(a) & (b) General Section None None Standards 262.34(a)(1) Section 265.114 Tank Standards Section Section None Sections 262.34(a)(1) 265.201(d) 265.197(a)& (ii) (b) Drip Pad Section None None Standards 262.34(a)(1) Sections (ii) 265.445(a) & (b) Containment Section None None Building 262.34(a)(1) Standards (iv) Section 265.1102 EPCRA 2. Agricultural Chemical Retailers and EPCRA Sections 311 and 312 EPCRA Sections 311 and 312 require facilities to report inventories of certain hazardous chemicals. Section 311(e)(5) exempts from the definition of hazardous chemical "any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer" (40 CFR Section 370.2). To what extent are agricultural chemical retailers exempt from reporting under Sections 311 and 312? EPCRA Section 311(e)(5) provides an exemption for Material Safety Data Sheets (MSDSs) and hazardous chemical inventory reporting for certain substances, not certain facilities. Therefore, while agricultural retailers storing substances for sale as fertilizers would not need to report those chemicals under Sections 311 and 312 because those substances are exempt from the definition of hazardous chemical, retailers would need to report other agricultural chemicals, such as pesticides, solvents, or diesel fuels, held for sale if they are hazardous chemicals for which OSHA requires the facility to prepare or have available an MSDS, and if they are present on site at any one time above applicable thresholds (52 FR 38349; October 15, 1987). 3. Agricultural Operations Exempt From EPCRA Sections 311 and 312 EPCRA Sections 311 and 312 require facilities to report inventories of certain hazardous chemicals. Section 311(e)(5) exempts from the definition of hazardous chemical "any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer" (40 CFR Section 370.2). What are "agricultural operations"? Agricultural operations is a broad term that encompasses a wide range of growing operations whose main purpose is producing crops and raising livestock. Routine agricultural operations include growing operations in farms, nurseries, and other horticultural operations. Examples of operations covered under the exclusion include the use of oxygen to raise fish at a fish farm (Memo, Jones to Colantuno; May 15, 1990), turf growth at a nursery (Memo, Jones to Joseph; February 15, 1990), and fertilizer application at a cornfield. However, similar growing operations conducted for non-agricultural purposes would not be covered under the exclusion. An example would be turf growth at a golf course, which would not be covered under the exclusion because the main purpose of the growing operation is not agricultural. NEW PUBLICATIONS How to order... 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, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 EPA's Fax-on-Demand service distributes selected publications noted by a "Fax-on-Demand" number. To order these documents, from your fax machine dial (202) 651-2060 (for OSW documents), (202) 651-2089 (for OUST documents), (202) 651-2061 (for CEPPO documents), and (202) 651-2062 (for OERR documents), and follow the instructions provided by the voice prompt, using the Fax-on- Demand number noted. Please call the Hotline for detailed instructions on using the Fax-on-Demand service. EPA Publications Available on the Internet You may access certain documents electronically by using this server: WWW: http://www.epa.gov Documents on the WWW server may be located by using the on- line search functions. RCRA TITLE: Environmental Fact Sheet: EPA Releases RCRA Waste Minimization PBT Chemical List AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-98-028 This fact sheet highlights useful information about the draft list of persistent, bioaccumulative, and toxic (PBT) chemicals released by EPA in the November 9, 1998, Federal Register (63 FR 60332). The document explains why EPA is taking this action, why PBT chemicals are of national concern, the methodology to develop and use the list, and how it fits into EPA’s Multimedia PBT Strategy. The final list will serve as a voluntary guide for identifying national waste minimization priorities and measuring national reduction progress. TITLE: Extended Product Responsibility: A Strategic Framework for Sustainable Products AVAILABILITY: Hotline EPA ORDER NO.: EPA530-K-98-004 Extended product responsibility (EPR) differs from most environmental policies and trends in that it focuses on product systems and engages all players in the product chain. This booklet provides a business perspective of EPR, and includes EPR background information, incentives for businesses to participate, and a description of how EPR works. The document elaborates on the ways product manufacturers can reduce environmental impacts at all stages of production, including raw materials selection; production impacts; product use; recycling and reuse; and products at end-of-life. TITLE: Environmental Fact Sheet: No Hazardous Waste Listing Determined for 14 Solvents AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-F-98-032 This fact sheet summarizes EPA's decision not to list wastes generated from the use of 14 solvent chemicals (63 FR 64372; November 19, 1998). The document includes background information and a brief explanation of the final rule. It also clarifies that this was a decision not to add the wastes to the RCRA hazardous waste listings, but not an exemption from determining if the wastes exhbit a characteristic. TITLE: Environmental Fact Sheet: Final HWIR-Media Rule AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA530-F-98-029 This fact summarizes the final HWIR-Media rule issued in the November 30, 1998, Federal Register (63 FR 65873). The document clarifies that the final rule does not apply new mandatory requirements, does not change policies which presently provide flexibility for remediation waste management, and lists the anticipated impacts of the final rule. TITLE: Identificando Su Residuo: El Punto de Partida (Identifying Your Waste: The Starting Point - Spanish Translation) AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-97-029s This is the Spanish translation of Identifying Your Waste: The Starting Point. The pamphlet describes the hazardous waste identification process in basic terms, and explains the significance of listed and characteristic waste, the derived-from rule, hazardous waste mixtures, and contaminated debris and media. TITLE: A Collection of Solid Waste Resources AVAILABILITY: Hotline EPA ORDER NO.: EPA530-C-98-001 This CD-ROM contains a number of OSW documents in their entirety, including the Municipal Solid Waste Factbook. These documents provide information on how to reduce, reuse, and recycle trash, and how to properly manage different forms of solid and hazardous waste. This version updates and replaces the Solid Waste Publications CD-ROM, EPA530-C-97-006. TITLE: Pay-As-You-Throw Bulletin AVAILABILITY: Hotline EPA ORDER NO.: EPA530-N-98-009 This edition of the Pay-As-You-Throw (PAYT) bulletin features the PAYT video. The newsletter summarizes the video, includes quotes from PAYT participants, and provides an order form. UST TITLE: List of Leak Detection Evaluations for Underground Storage Tank Systems (Fifth Edition) AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA510-B-98-005 URL: http://www.epa.gov/swerust1/pubs/index.htm This document contains specifications, based on third-party evaluations, of over 250 leak detection systems. Owners and operators can use the list to help select systems to meet the leak detection requirements of 40 CFR Part 280. CERCLA TITLE: Proposed TSCA 403 Soil Lead Hazard and OSWER’s Lead-in- Soils Policy AVAILABILITY: NTIS NTIS ORDER NO.: PB99-963 211 URL: http://www.epa.gov/superfund/programs/lead/prods.htm This memorandum discusses the relationship between the proposed Toxic Substances Control Act (TSCA) Section 403 rule and the Office of Solid Waste and Emergency Response's (OSWER) soil lead directive (OSWER 9200.4-27P) entitled "Clarification to the 1994 Revised Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities." The memo explains that the 400 parts per million (ppm) screening level found in OSWER’s lead directive remains an appropriate screening level for lead in soils. In addition, it clarifies that the proposed 2,000 ppm hazard level for lead in soils is not a final level and may change in response to public comment. TITLE: Consolidated Guide to Consultation Procedures for Superfund Response Decisions and FY97 Focus Areas for OERR Regional Coordination Support AVAILABILITY: NTIS NTIS ORDER NO.: PB97-963 216 The goal of this fact sheet is to describe management review procedures employed by EPA, which ensure the reasonable and appropriately consistent implementation of national remedy selection policies and procedures. TITLE: Grupos de Consulta de la Comunidad (CAGs) en Sitios del Superfondo (Community Advisory Groups (CAGs) at Superfund Sites - Spanish Translation) (Fact Sheet) AVAILABILITY: NCEPI EPA ORDER NUMBER.: EPA540-F-97-031 This fact sheet is the Spanish version of Community Advisory Groups (CAGs) at Superfund Sites, EPA540-F-96-016. It discusses the authority of a CAG at a Superfund site, how to determine if there is a need for a CAG, preparing to form a CAG, CAG Board Meetings, CAG member solicitation, and the roles and responsibilities of a CAG's members. CAA Section 112(r) TITLE: RMP*Comp Version 1.02 AVAILABILITY: Hotline/Internet EPA DOCUMENT NO.: N/A URL: http://response.restoration.noaa.gov/chemaids/rmp/rmp.html RMP*Comp is an electronic tool used to perform the off-site consequence analysis required under the Risk Management Program (RMP). TITLE: Recent Changes to the Risk Management Program Rule AVAILABILITY: Hotline/Internet EPA DOCUMENT NO.: EPA550-F-98-022 URL: http://www.epa.gov/swercepp/whatnew.html This fact sheet outlines the recent changes to the RMP. These changes include shifting from Standard Industrial Classification Codes (SIC) to North American Industry Classification System (NAICS) codes, adding new data elements to the RMP, and the requirements for the submission of confidential business information (CBI). TITLE: Submitting Your Risk Management Plan Under Section 112(r) of the Clean Air Act AVAILABILITY: Hotline/Internet EPA DOCUMENT NO.: EPA550-F-98-021 URL: http://www.epa.gov/swercepp/acc-pre.html This fact sheet provides information on how to obtain a copy of RMP*Submit as well as answers to questions on the submission of Risk Management Plans. FEDERAL REGISTERS Federal Register Availability You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Electronic Availability Federal Registers from October 1994 to the present related to the Hotline’s program areas are accessible via EPA’s Public Access Servers. The servers are accessible at: WWW: http://www.epa.gov FTP: ftp.epa.gov EPA Federal Registers are organized by date on the WWW (starting from October 1994). Go to: http://www.epa.gov/fedrgstr For RCRA/UST and selected CERCLA Federal Registers, choose: Federal Register (FR) - Waste. For selected EPCRA Federal Registers, choose: Federal Register (FR) - Toxic Release Inventory. FINAL RULES RCRA Requirements for Management of Hazardous Contaminated Media (HWIR-Media) December 1, 1998 (63 FR 66101) EPA withdrew all portions of the HWIR-Media Proposed Rule that were not finalized in the HWIR-Media Final Rule (63 FR 65873), or in the Land Disposal Restrictions (LDR) Phase IV Final Rule (63 FR 28556; May 26, 1998). The withdrawal did not include those proposed rules on which EPA has deferred action, such as the treatability sample exclusion. The withdrawal also did not extend to existing areas of flexibility for managing remediation waste, such as the contained-in and the area of contamination (AOC) policies, and site-specific LDR treatability variances. The withdrawn portions include comprehensive remediation waste management options, such as the Bright-Line option and the Unitary Approach; the Category 2 proposal for streamlined authorization; and the proposal to remove the Corrective Action Management Unit (CAMU) Rule. Oklahoma: Final Authorization of State Hazardous Waste Management Program Revisions December 9, 1998 (63 FR 67800) EPA determined that the Oklahoma Department of Environmental Quality's application for final authorization of revisions to its hazardous waste program satisfies all of the requirements necessary for final authorization. Unless EPA receives adverse comments as specified in the companion document (63 FR 67834; December 9, 1998), final authorization of the RCRA Cluster VI rules will be effective February 8, 1999. Universal Waste Rule (Hazardous Waste Management System; Modification of the Hazardous Waste Recycling Regulatory Program); Final Rule; Correcting Amendments December 24, 1998 (63 FR 71225) EPA issued three corrections to the provisions of the Universal Waste Rule (60 FR 25492; May 11, 1995). Effective December 24, 1998, the Agency corrected the regulations applicable to reclamation of spent lead-acid batteries by inserting storage requirements that had been mistakenly omitted, addressed the Section 273.6 definition of a small quantity universal waste handler, and clarified the export requirements applicable to destination facilities serving as universal waste handlers. EPA reorganized the universal waste regulations by providing a table detailing the applicability of spent lead-acid battery provisions, and by separating requirements for interim status and permitted facilities. This rule does not promulgate any new regulatory requirements. Underground Injection Control Program; Hazardous Waste Land Disposal Restrictions; Petition for Reissuance of an Exemption Class I Hazardous Waste Injection Wells, E.I. du Pont de Nemours & Co., Inc. (DuPont) December 24, 1998 (63 FR 71286) EPA finalized a decision to grant an exemption for DuPont's Orange, Texas, Class I injection wells from LDR requirements. This action is effective December 11, 1998, and cannot be administratively appealed. CERCLA Reportable Quantities: Removal of Caprolactum From the List of CERCLA Hazardous Substances December 15, 1998 (63 FR 69166) EPA removed caprolactum (CAS No. 105-60-2) from the list of CERCLA hazardous substances. CERCLA Section 101(14) defines the term hazardous substance by referring to those substances listed under several other environmental statutes, including Section 112(b)(1) of the Clean Air Act Amendments of 1990, as well substances designated by EPA as hazardous under CERCLA Section 102(a). This action follows the removal of caprolactum from the list of hazardous air pollutants (HAPs) under Section 112(b)(1) of the Clean Air Act Amendments of 1990. The final rule will be effective on February 16, 1999, unless EPA receives adverse comments by January 14, 1999. National Priorities List, Notice of Deletion; Frontera Creek Superfund Site December 29, 1998 (63 FR 71596) EPA announced the deletion of the Frontera Creek Superfund Site, located in Puerto Rico, from the National Priorities List (NPL). EPA published its intent to delete the site on July 30, 1998 (63 FR 40685). EPA and the Puerto Rico Environmental Quality Board have determined that no further response actions pursuant to CERCLA are appropriate for the site. National Priorities List, Notice of Deletion; Hill Property Portion of the American Cyanamid Superfund Site December 29, 1998 (63 FR 71597) EPA announced the deletion of the Hill Property portion of the American Cyanamid Superfund Site, located in New Jersey, from the NPL. EPA published its intent to delete the site on October 20, 1998 (63 FR 55986). EPA and the State of New Jersey have determined that all appropriate response actions have been implemented at this portion of the site. National Priorities List, Notice of Deletion; Denzer & Schafer X- Ray Company Site December 29, 1998 (63 FR 71598) EPA announced the deletion of the Denzer & Schafer X-Ray Company Site, located in New Jersey, from the NPL. EPA published its intent to delete the site on August 18, 1998 (63 FR 44218). EPA and the State of New Jersey have determined that no further response actions are appropriate for the site. National Priorities List, Notice of Deletion; Lodi Municipal Well Superfund Site December 29, 1998 (63 FR 71598) EPA announced the deletion of the Lodi Municipal Well Superfund Site, located in New Jersey, from the NPL. EPA published its intent to delete the site on October 20, 1998 (63 FR 55985). EPA and the State of New Jersey have determined that no further response actions are appropriate for the site. PROPOSED RULES RCRA Project XL Rulemaking for New York State Public Utilities; Hazardous Waste Management System; Request for Comment on Proposed Rulemaking and Draft Final Project Agreement December 7, 1998 (63 FR 67561) EPA requested comment on the draft Final Project Agreement (FPA) and the proposed rule to implement an XL project for participating New York State utilities that generate hazardous waste at remote locations. The project would allow the utilities to accumulate this hazardous waste at designated utility-owned central collection facilities (UCCFs) for up to 90 days, according to specified hazardous waste generator requirements. EPA intends the proposed rule to allow the New York State Department of Environmental Conservation to implement sections of the project that require regulatory authorization while the draft FPA will outline this XL project in detail. EPA extended the comments deadline from January 6, 1999 to January 27, 1999 (63 FR 71411; December 28, 1998). Oklahoma: Final Authorization of State Hazardous Waste Management Program Revisions December 9, 1998 (63 FR 67834) EPA proposed to grant final authorization to the hazardous waste program revisions submitted by the Oklahoma Department of Environmental Quality. EPA authorized the State's program revisions as an immediate final rule without prior proposal in the final rules (63 FR 67800). The immediate final rule provides a detailed rationale for authorization. Unless adverse comments are received by January 8, 1999, the immediate final rule will become effective February 8, 1999. Management and Disposal of Lead-Based Paint Debris December 18, 1998 (63 FR 70190) EPA proposed under TSCA to provide new standards for the management and disposal of lead-based paint (LBP) debris generated by individuals or firms. EPA also proposed in a companion document to temporarily suspend the applicability of RCRA standards that currently regulate LBP debris (63 FR 70233). EPA intends the proposed TSCA standards to be both less burdensome and less costly than the RCRA LBP debris management standards. The proposed standards do not address LBP generated by homeowners in their homes, but do extend to LBP debris generated from the renovation and remodeling of public and commercial buildings. Written comments must be received by February 16, 1999. Temporary Suspension of Toxicity Characteristic Rule for Specified Lead-Based Paint Debris December 18, 1998 (63 FR 70233) EPA proposed to temporarily suspend the applicability of the Toxicity Characteristic Rule (40 CFR Section 261.24) to specified LBP debris in order to avoid duplicative or inconsistent regulation. The proposed Section 261.4(b)(15) exclusion applies to LBP debris generated from abatements conducted at target housing; deleading projects conducted at public or commercial buildings; and renovation or remodeling and demolition activities at target housing, public buildings, or commercial buildings. The LBP debris resulting from these activities would instead be subject to TSCA standards, proposed in a companion document (63 FR 70190; December 18, 1998). Written comments must be received by February 16, 1999. Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion December 21, 1998 (63 FR 70360) EPA proposed to grant a petition submitted by Aluminum Company of America (Alcoa), in Pittsburgh, Pennsylvania, to delist, on a one-time basis, certain solid wastes generated by its wastewater treatment plant and retained by the Stolle Landfill in Sidney, Ohio. This decision would exclude the F006 and F019 wastes, as specified in the petition, from the lists of hazardous wastes in Subpart D of 40 CFR Part 261. The Agency has based this decision on an evaluation of waste-specific information supplied by Alcoa. The petitioned waste will be excluded from all RCRA Subtitle C requirements provided EPA finalizes the decision. Written comments are due by February 4, 1999. CERCLA National Priorities List; Whittaker Superfund Site December 14, 1998 (63 FR 68712) Notice of Intent to Delete National Priorities List; Treasure Island Naval Station-Hunters Point Annex Site December 15, 1998 (63 FR 69032) Notice of Intent for Partial Deletion Reportable Quantities: Removal of Caprolactum From the List of CERCLA Hazardous Substances December 15, 1998 (63 FR 69169) EPA proposed to amend regulations under CERCLA to remove caprolactam (Chemical Abstracts Service (CAS) No. 105-60-2) from the list of CERCLA hazardous substances. This action was initiated in response to the removal of caprolactam from the list of HAPs under Section 112(b)(1) of the Clean Air Act Amendments of 1990. National Priorities List; Rocky Mountain Arsenal National Priorities List Site December 17, 1998 (63 FR 69601) Notice of Intent for Partial Deletion National Priorities List; Yellowstone Water Road Dump Superfund Site December 23, 1998 (63 FR 71052) Notice of Intent to Delete NOTICES RCRA Notice of Extension of Comment Period on Consent Decree Under the Resource Conservation and Recovery Act of 1976 (RCRA) as Amended, 42 U.S.C. Section 6928 December 2, 1998 (63 FR 66582) The Department of Justice extended the notice and comment period for the proposed Consent Decree, United States v. FMC Corporation, Inc. (63 FR 58769; November 2, 1998). The period is extended through December 18, 1998. Notice of Final Decision to Grant Waste Management of Ohio, Inc., a Modification of an Exemption from the Land Disposal Restrictions of the Hazardous and Solid Waste Amendments of 1984 Regarding Injection of Hazardous Wastes December 10, 1998 (63 FR 68284) EPA granted a modification of an exemption to the land disposal restrictions to Waste Management of Ohio, Inc. (WMO) of Oakbrook, Illinois. Effective February 8, 1999, the August 6, 1998, final rule (63 FR 42110) will prevent the four wastes from land disposal. Accordingly, on February 8, 1999, the exemption will allow WMO to continue to inject four RCRA-regulated hazardous wastes into four Class I injection wells at the Vickery, Ohio, facility. This decision represents a final Agency action that cannot be administratively appealed. 1999 National Resource Recovery Conservation and Recovery Act Program Meeting; Notice of Public Invitation to Plenary Sessions of National Meeting December 11, 1998 (63 FR 68453) EPA announced a public invitation to the plenary sessions of the National RCRA Program meeting, RCRA 99 Partnerships for a Cleaner Environment. The plenary sessions will be held on January 12 and 14, 1999, in Washington, DC. Representatives from EPA, states, and Native American tribes involved in the RCRA program will collaborate at the national meeting to review initiatives from EPA Headquarters and to discuss Regional and state issues. Salt River Pima-Maricopa Indian Community; Final Approval of an Alternate Liner System Design and Use of Alternative Daily Cover Material for the Salt River Municipal Solid Waste Landfill December 11, 1998 (63 FR 68453) EPA has approved two requests submitted by the Salt River Pima-Maricopa Indian Community for approval to use flexible standards at the Salt River Municipal Solid Waste Landfill. Effective December 11, 1998, the first approval enables the Community to install a geosynthetic clay liner rather than a composite liner, while the second approval allows the Community to use a tarp system as cover in place of earthen material. Project XL Rulemaking for New York State Public Utilities; Hazardous Waste Management System December 28, 1998 (63 FR 71411) EPA has extended the comment period for the Project XL Draft FPA and the proposed rule from January 6, 1999, to January 27, 1999. EPA requested comment on the draft FPA and the proposed rule to implement an XL project for participating New York State utilities that generate hazardous waste at remote locations (63 FR 67561; December 7, 1998). Notice of Data Availability of Draft RCRA Waste Minimization PBT Chemical List December 29, 1998 (63 FR 71643) EPA has extended the comment period on the Notice of Data Availability (NODA) of the draft RCRA Waste Minimization PBT Chemical List from January 8, 1999 to February 16, 1999. EPA announced the availability of the Draft RCRA Waste Minimization PBT Chemical List on November 9, 1998 (63 FR 60332). The final list will serve as a voluntary guide for identifying national waste minimization priorities and measuring national reduction progress. CERCLA Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 311(b)(9)(A), CERCLA Section 311(b)(3), Announcement of Competition for EPA's Brownfields Job Training and Development Demonstration Pilots December 23, 1998 (63 FR 71117) EPA announced that the Agency will begin accepting applications for Brownfields Job Training and Development Demonstration Pilots through March 1, 1999. The Agency intends to select 10 pilots by June 1999. SPCC Agency Information Collection Activities OMB Responses” December 9, 1998 (63 FR 67882) In response to an EPA clearance request, the Office of Management and Budget (OMB) has issued a control number for the Spill Prevention Control and Countermeasures (SPCC) Plans, in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et. Seq.). EPA Information Collection Request (ICR) No. 0328.07 was approved on October 8, 1998 and OMB No. 2050-0021 will expire on December 31, 1999. Consent Decrees Consent Decree; United States v. Russell Martin Bliss, et al. December 2, 1998 (63 FR 66583) Consent Decree Amendment; United States v. Beazer East, Inc. December 2, 1998 (63 FR 66581) Extension of Comment Period on Consent Decree; United States v. FMC Corporation, Inc. December 2, 1998 (63 FR 66582) Consent Decrees; United States v. Montrose Chemical Corporation of California, et al. December 2, 1998 (63 FR 66582) Consent Decree; United States v. Russell Martin Bliss, et al. December 2, 1998 (63 FR 66583) Consent Decree; United States v. ARCO and Montana v. ARCO December 2, 1998 (63 FR 66818) Prospective Purchaser Agreement; C&M Plating Company Site December 9, 1998 (63 FR 67883) Administrative Settlement; Burbank Operable Unit Superfund Site December 10, (63 FR 68287) Consent Decree; United States v. ARCO and Montana v. ARCO December 10, 1998 (63 FR 68296) Consent Decree; United States et al. v. CBS Corp. December 10, 1998 (63 FR 68297) Consent Decree; “United States v. CDMG Realty Co., et al. December 10, 1998 (63 FR 68297) Consent Decree; United States v. Keystone Sanitation Company, Inc., et al. December 10, 1998 (63 FR 68297) Consent Decree; United States v. North Carolina State University at Raleigh December 10, 1998 (63 FR 68298) Proposed Administrative Cost Recovery Partial Settlement; Leavenworth Auto Parts Site December 11, 1998 (63 FR 68461) Proposed Purchaser Agreement; Avtex Fibers Superfund Site December 15, 1998 (63 FR 69073) Settlement; Anchor Chemical Superfund Site December 15, 1998 (63 FR 69074) Proposed Prospective Purchaser Agreement; Arkansas River Ranch December 21, 1998 (63 FR 70405) Consent Decree; United States v. Allegiance Healthcare Corp, et al. December 21, 1998 (63 FR 70421) Administrative Agreement; West Roosevelt Drum Superfund Site December 23, 1998 (63 FR 71131) Consent Decree; United States v. Amoco Chemical Co., et al. December 30, 1998 (63 FR 71951) Consent Judgments; United States v. General Motors Corporation and Niagara Mohawk Power Corporation December 30, 1998 (63 FR 71951) Consent Decree; United States v. Rohm & Haas Company, et al. December 30, 1998 (63 FR 71952) Consent Decree; “United States v. Pfizer Inc. December 31, 1998 (63 FR 72328) CALL ANALYSIS This month, the Hotline responded to a total of 18,318 questions and document requests. CALLER PROFILE RCRA/UST Hotline Regulated Community 3,235 Citizens 327 State & Local Government 148 Native Americans 7 Federal Agencies 61 Educational Institutions 90 EPA 110 Media 10 Interest Groups 60 Congress 5 International 1 Other 0 Referrals* 316 Transfers to EPCRA/Superfund Hotline* 88 Document Retrieval Line* 10 Message Retrieval Line* 81 Mailed Document Requests* 3 TOTAL NUMBER OF CALLERS 4,549 Manufacturers Food/Tobacco 23 Textiles 13 Apparel 0 Lumber & Wood 11 Furniture 8 Paper 5 Printing & Publishing 2 Chemicals 90 Petroleum & Coal 23 Rubber and Plastics 19 Leather 1 Stone, Clay & Glass 12 Primary Metals 15 Fabricated Metals 33 Machinery (Excluding Electrical) 6 Electrical & Electronic Equipment 0 Transportation Equipment 9 Instruments 3 Misc. Manufacturing 36 Metal Mining 9 Coal Mining 7 Electricity Generating 17 RCRA Subtitle C 5 Solvent Recovery 3 Petroleum Bulk Storage 30 Chemical Distributor 25 Propane Retailer 87 POTW 33 Subtotal 525 Consultants/Engineers 1,378 Attorneys 87 Citizens 101 Public Interest Groups 27 Educational Institutions 34 EPA 43 Federal Agencies 35 GOCOs 1 Congress 4 State Officials/SERC 45 Local Officials/LEPCs 6 Fire Departments 8 Hospitals/Laboratories 14 Trade Associations 8 Union/Labor 1 Farmers 5 Distributors 22 Insurance Companies 0 Media/Press 2 Native Americans 1 International 1 Other 275 Referrals* 135 Transfers to RCRA/UST Hotline* 96 Document Retrieval Line* 0 Message Retrieval Line* 109 TOTAL NUMBER OF CALLERS 2,963 *No caller profile data available. HOTLINE TOPICS RCRA GENERAL 882 SUBTITLE C Hazardous Waste Id. - General 843 Characteristics 427 Listings 525(1) Mixture Rule 80 Derived-From 86 Contained-In Policy 169(1) Sampling 40 Solid and Hazardous Waste Exclusions 326(1) Radioactive Mixed Waste 41 Delisting Petitions 30 Definition of Solid Waste/Hazardous Waste Recycling 397 Large Quantity Generators 589 Small Quantity Generators 146 CESQGs 130 Transporters 100 Exports/Imports 21 TSDFs General Facility Standards 216 Unit Standards 229 Air Emissions 118 Combustion - General 66 BIFs 40 Incinerators 26 Draft Strategy 16 Waste Minimization 24 LDR Applicability 329(1) Notifications/Certification 100 Treatment Standards 239 Permits and Permitting 140(1) State Programs 93 Financial Assurance 37 Closure/Post-Closure 106(1) Corrective Action 255 Enforcement 97 Hazardous Waste Data 221 Test Methods 73 Indian Lands 9 Used Oil Standards 177 Military Munitions 6 OTHER WASTES Ash 5 Bevill Amendment (Mining Waste) 11 Medical Wastes 98 Oil and Gas 23 SUBTITLE D Household Hazardous Wastes 84 Subtitle D - General 110 Technical Standards 17 Industrial Wastes 5 Municipal Wastes 61 Indian Lands 10 Financial Assurance 2 Solid Waste Recycling/Markets - General 219 Aluminum 4 Batteries 22 Glass 0 Paper 10 Plastics 6 Tires 13 Used Oil 33 Composting 33 Procurement 36 Source Reduction/Pollution Prevention 40 Grants and Financing 3 TOTAL QUESTIONS 8,294* * Includes 2,577 RCRA document requests. UST General/Misc. 264 Applicability/Definitions 336(1) Regulated Substances 46(1) Closure 103(1) 1998 Deadline 513(1) Standards for New Tank Systems 70(1) Tank Standards and Upgrading 119(1) Replacing/Closing 99(1) Release Detection 162 Reporting Requirements 28 Operating Requirements 37 Corrective Action for USTs 32 Financial Responsibility 53 Enforcement 285(1) State Programs 24 Private Sector 0 Indian Lands 0 MTBE 5 LUST General/Miscellaneous 5 RBCA 2 Technologies 0 Solvency/Cost Controls 1 TOTAL QUESTIONS 2,184* * Includes 406 UST document requests. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions 280 Trade Secrets 4 Enforcement 483 Liability/Citizen Suits 4 Training 0 Chemical-Specific Information 61 Federal Facilities Executive Order 1 Emergency Planning (Sections 301-303): General 48 Notification Requirements 18 SERC/LEPC Issues 47 EHSs/TPQs 70 Risk Communication/ Hazards Analysis 15 Exemptions 6 Emergency Release Notification (Section 304): General 51 Notification Requirements 76 Reportable Quantities 55 CERCLA Section 103 vs. SARA Section 304 66 ARIP/AHEDB/ERNS 2 Exemptions 8 Hazardous Chemical Reporting (Sections 311-312): General 167 MSDS Reporting Requirements 85(1) Tier I/II Requirements 171(1) Thresholds 82(1) Hazard Categories 10 Mixtures Reporting 30 Exemptions 65 Toxic Chemical Release Inventory (Section 313): General 255 AFR 14 Reporting Requirements 319 Thresholds 151 Form R Completion 220 Supplier Notification 15 NOTEs/NOSEs/NONs 487(1) Voluntary Revisions 78 Pollution Prevention 33/50 6 Public Access to Data 41 TRI Database 28 Petitions 13 TRI Expansion 37 Exemptions 91 CAA (Section 112(r)): General Duty 68 RMP General 776(1) Regulated Substances/Thresholds 377(1) Exemptions 55 Process Identification 109(1) Program Levels 48 Offsite Consequence Analysis 154 Accident History 8 Prevention Program 17 Emergency Response Program 9 Management Program 8 RMP Submission 118(1) Access to RMP Data 15 Risk Communication 0 State Implementation 5 RMP Enforcement 167 TOTAL QUESTIONS 5,597 *Includes 1,071 Emergency Planning and Community Right-to-Know document requests. SUPERFUND General/Misc. 118 Access & Information Gathering 87 Administrative Improvements General 11 Environmental Justice/Brownfields 72(1) SACM/Presumptive Remedies 14 Soil Screening Levels 12 Administrative Record 13 ARARs 61(1) CERCLIS 84(1) Citizen Suits 2 Claims Against Fund 15 Clean-Up Costs 16 Clean-Up Standards 67 Community Involvement 11 Contract Lab Program (CLP) 9 Contractor Indemnification 0 Contracts 4 Definitions 43 Enforcement 148(1) Federal Facilities 14 Hazardous Substances 118(1) HRS 19 Liability 49 Local Gov't Reimbursement 0 Natural Resource Damages 6 NCP 24 Notification 119 NPL 96 Off Site Rule 48 OSHA 6 PA/SI 24 PRPs 33 RD/RA 11 Reauthorization 5 Remedial 45 Removal 13 RI/FS 19 Risk Assess./Health Effects 78 ROD 42 RQ 129(1) Settlements 59 SITE Program 7 State Participation 3 State Program 20 TAGs 3 Taxes 2 Special Topics Oil Pollution Act 86 SPCC Regulations 308 TOTAL QUESTIONS 2,243* *Includes 502 Superfund document requests. (1) Hot topics for this month Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 18,318