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Monthly US EPA RCRA / Superfund Hotline Report for November 1999

EPA530-R-99-012k
SUB-9224-99-011

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.

HOTLINE QUESTIONS AND ANSWERS

RCRA

1. The Federal Facility Compliance Act and DOE Mixed Waste Storage


The Federal Facility Compliance Act of 1992 (FFCA) waived sovereign
immunity for all federal facilities. Until this waiver, federal
facilities were immune from all civil and administrative penalties and
fines under RCRA. At the same time, the FFCA issued a three-year delay
of this waiver for Executive Branch departments, agencies, and
instrumentalities storing mixed waste, a waste with a RCRA hazardous
waste component and a radioactive component, in violation of the land
disposal restrictions (LDR) storage prohibition (RCRA Section 3004(j)).
RCRA Section 3004(j) prohibits the storage of any restricted hazardous
waste, including mixed waste, except for purposes of accumulating
quantities necessary to facilitate proper waste recovery, treatment, or
disposal. This three-year delay expired October 6, 1995. How does this
affect Department of Energy (DOE) facilities currently storing mixed
waste in violation of the RCRA Section 3004(j) storage prohibition?


The expiration of the three-year delay in the effective date of the
waiver of sovereign immunity for RCRA Section 3004(j) violations may not
affect DOE facilities currently storing mixed waste. Under RCRA Section
3021(b), DOE was required to submit either to EPA or to the appropriate
state regulatory officials a site treatment plan for developing mixed
waste treatment capacity and technologies. Upon approval of a plan, the
state or EPA Regional Administrator was required to issue an order to
DOE requiring compliance with the plan. According to Section
102(c)(3)(B) of the FFCA, DOE facilities storing mixed waste continue to
have sovereign immunity from violations of RCRA Section 3004(j) so long
as DOE complies with both the approved site treatment plan and the order
requiring compliance with that site treatment plan.


All of the Conceptual Site Treatment Plans and Draft Site Treatment
Plans were submitted on time (October 1993 and August 1994
respectively). The Final Proposed Site Treatment Plans were submitted
one month later than expected in March 1995. As of January 1997, all of
the treatment plans for the 35 DOE sites storing mixed waste had been
approved by the appropriate regulators.


2. Laboratory Samples and the Bevill Exclusion (Section 261.4(b)(7))


One of the exclusions commonly referred to as the Bevill exclusion
exempts “solid waste from the extraction, beneficiation, and processing
of ores and minerals (including coal)” from RCRA Subtitle C regulation
(40 CFR Section 261.4(b)(7)). In the November 19, 1980, Federal
Register, the scope of the exclusion was clarified to include only solid
wastes that are “uniquely associated” with the extraction,
beneficiation, and processing of ores and minerals (45 FR 76619). A
coal mining facility conducts laboratory sampling and testing of coal
for quality control purposes. The testing procedures require the coal
to be mixed with perchloroethylene. Once the testing is completed, the
sample exhibits a hazardous characteristic for perchloroethylene (D039),
which was not present in the coal prior to testing. Would the sample
meet the Section 261.4(b)(7) exclusion for wastes which are produced
from the extraction, beneficiation, and processing of ores?


The waste laboratory samples would not be exempt under Section
261.4(b)(7) because the exclusion applies only to wastes produced in,
and unique to, the extraction, beneficiation, and processing of ores and
minerals (45 FR 76620; November 19, 1980). The exclusion does not apply
to wastes such as spent solvents, pesticide wastes, and discarded
commercial chemical products that are not unique to the extraction,
beneficiation, and processing of ores and minerals. The first step in
establishing whether a waste is uniquely associated is determining if
the waste results from an operation that is ancillary to mineral
processing operations. Wastes from ancillary operations are not
uniquely associated because they are not viewed as being “from” mining
or mineral processing (63 FR 281556, 28591; May 26, 1998). Wastes from
non-ancillary operations are evaluated on the extent to which the waste
originates or derives from processes that serve to remove mineral values
from the ground, concentrate or otherwise enhance their characteristics
or remove impurities, and the extent to which the mineral recovery
process imparts its chemical characteristics on the waste. The greater
the extent to which these two factors occur, the more likely the waste
is uniquely associated. Laboratory activities are considered to be
ancillary operations (63 FR 28593). Therefore, quality control wastes
associated with laboratory operations are not excluded under Section
261.4(b)(7) because they are not uniquely associated with the
extraction, beneficiation, and processing of ores and minerals.


UST


3. Underground Storage Tanks Floating to the Surface of the Ground


An underground storage tank (UST) floats to the surface of the ground
due to rising groundwater and unstable soil structure, yet the tank is
undamaged. The owner and operator intends to reinstall the tank and
return it to service. However, the tank was installed and in use prior
to December 22, 1988, and was in compliance with the existing tank
system requirements in 40 CFR Section 280.21. If the owner and operator
wants to reinstall the tank into the same excavation, must they comply
with new tank performance standards in Section 280.20, or can they
continue to comply with existing tank standards?


The UST must meet new tank performance standards in Section 280.20 when
it is reinstalled because it will meet the definition of a new tank
system. EPA defines new tank system under Section 280.12 as “a tank
system that will be used to contain an accumulation of regulated
substances and for which installation has commenced after December 22,
1988.” EPA considers reinstallation of an old tank the same as
installing a tank fresh from the manufacturer, regardless of prior use
or the reason for the reinstallation. Thus, if the owner and operator
reinstalls the tank in the same excavation, the UST must meet new tank
standards. EPA similarly requires existing tanks, which an owner and
operator intentionally removes and relocates, to meet new tank
performance standards upon reinstallation (MRQ #4; August 1989).



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.


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) 651-2098 (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: National Source Reduction Characterization Report for Municipal
Solid Waste in the United States
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA530-R-99-034
URL: http://www.epa.gov/epaoswer/non-hw/muncpl/sourcepubs.htm


This report estimates the quantity of source reduction nationwide, and
evaluates factors that drive waste prevention activities, such as design
practices, operational changes, policy trends, and new technologies.
EPA characterizes the waste prevention activities both in the aggregate
and by product and material categories in the report.


TITLE: Reusable News (Fall 1999)
PUBLICATION DATE: November 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-N-99-009
URL: http://www.epa.gov/epaoswer/non-hw/recycle/reuse.htm


This issue of Reusable News focuses on the third annual America Recycles
Day, scheduled for November 15, 1999. The newsletter also announces the
Characterization in Municipal Solid Waste, 1998 Update report,
EPA530-R-99-021, highlights documents that report successful waste
reduction programs, and lists additional recycling resources.


TITLE: Native American Network (Fall 1999)
PUBLICATION DATE: October 1999
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-99-005


This issue of the quarterly newsletter provides information about the
Tribal Solid Waste Interagency Workgroup, CERCLA training session at the
Haskell Indian Nations University, waste management opportunities
pursued by the Pacific Northwest Tribal Partnership, the municipal solid
waste grant program, and new tribal documents.


TITLE: Executive Summary: The National Biennial RCRA Hazardous Waste
Report (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA 530-S-99-036
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The Executive Summary provides an overview of national hazardous waste
generation and management practices based on the 1997 data. This
document also points out the changes to the 1997 biennial reporting
requirements and the impact on the data presented in the report.


TITLE: The National Biennial RCRA Hazardous Waste Report: Complete Set
(Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036
NTIS ORDER NO.: PB99-166 811
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The National Biennial Report presents a detailed look at waste handling
practices in the EPA regions, states, and largest facilities
nationally. The report includes information about the quantity of waste
generated, managed, shipped and received, and imported and exported
between states, and the number of generators and managing facilities.


TITLE: The National Biennial RCRA Hazardous Waste Report: List of Large
Quantity Generators (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036a
NTIS ORDER NO.: PB99-166 829
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The List of Large Quantity Generators identifies every hazardous waste
generator in the United States that reported itself to be a large
quantity generator in 1997. Document includes a copy of the Executive
Summary (EPA530-S-99-036).


TITLE: The National Biennial RCRA Hazardous Waste Report: List of
Treatment, Storage, and Disposal Facilities (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036b
NTIS ORDER NO.: PB99-166 837
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The List of Treatment, Storage and Disposal (TSD) Facilities identifies
every hazardous waste manager in the United States that reported itself
to be a TSD facility in 1997. Document includes a copy of the Executive
Summary (EPA530-S-99-036).


TITLE: The National Biennial RCRA Hazardous Waste Report: National
Analysis (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036c
NTIS ORDER NO.: PB99-166 845
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The National Biennial Report presents a detailed look at waste handling
practices in the EPA regions, states, and largest facilities
nationally. The report includes information about the quantity of waste
generated, managed, shipped and received, and imported and exported
between states, and the number of generators and managing facilities.


TITLE: The National Biennial RCRA Hazardous Waste Report: State Detail
Analysis (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036d
NTIS ORDER NO.: PB99-166 852
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The State Detail Analysis provides a detailed review of each state’s
waste handling practices, including overall totals for generation,
management, and shipments and receipts, as well as totals for the
largest 50 facilities.


TITLE: The National Biennial RCRA Hazardous Waste Report: State Summary
Analysis (Based on 1997 Data)
PUBLICATION DATE: September 1999
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: EPA530-R-99-036e
NTIS ORDER NO.: PB99-166 860
URL: http://www.epa.gov/epaoswer/hazwaste/data/br97/index.htm


The state summary analysis provides a brief overview of the generation
and management practices of individual states.


CERCLA


TITLE: Expediting Requests for Prospective Purchaser Agreements
PUBLICATION DATE: October 1999
AVAILABILITY: Enforcement Compliance Docket, Internet
ORDER NO.: N/A
URL: http://es.epa.gov/oeca/osre/liabil.html


This memo includes new procedures and guidelines for EPA to use for
prospective purchaser agreements. It also includes a checklist of the
information that EPA should request from prospective purchasers, as well
as a sample requestor letter that EPA should send to prospective
purchasers.


TITLE: Model Prospective Purchaser Agreement
PUBLICATION DATE: September 1999
AVAILABILITY: Enforcement Compliance Docket, Internet
ORDER NO.: N/A
URL: http://es.epa.gov/oeca/osre/liabil.html


This model makes minor adjustments to prospective purchaser agreements.
It includes a clarification of “existing contamination.” This model
supersedes the May 24, 1995, model, the remainder of the May 24, 1995,
prospective purchaser guidance is still current.


TITLE: The Brownfields Economic Redevelopment Initiative: Proposal
Guidelines for Supplemental Assistance for Brownfields Assessment
Demonstration Pilots
PUBLICATION DATE: October 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA500-F-99-289
URL: http://www.epa.gov/swerosps/bf/applicat.htm


Additional funding is available to Brownfields Assessment Pilot
Communities that have received EPA funding on or before September 30,
1998; these pilots are eligible to apply for additional funding during
FY 2000. For FY 2000, existing assessment pilots may apply for up to
$150,000 for continuance and expansion of their brownfields assessment
efforts, which will be awarded on a competitive basis. An additional
$50,000 may be awarded to an applicant to carry out assessment
activities at a brownfields site to be used for greenspace purposes.


TITLE: The Brownfields Economic Redevelopment Initiative: Proposal
Guidelines for Brownfields Cleanup Revolving Loan Fund
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA500-F-99-290
URL: http://www.epa.gov/swerosps/bf/applicat.htm


This fact sheet outlines the requirements for receiving funding for the
FY 2000 Brownfields Revolving Loan Fund (BCRLF) pilot program. It also
includes a current list of the existing BCRLF pilots.


TITLE: Auxiliary Information: National Priorities List, Proposed Rule
and Final Rule
PUBLICATION DATE: October 1999
AVAILABILITY: Internet
ORDER NO.: N/A
URL: http://www.epa.gov/superfund/new/newnpl.htm


This document includes the sites that EPA has added to, proposed to, and
deleted from the National Priorities List. It also includes general
background information on the Superfund program and how sites are placed
on the National Priorities List. This list supersedes the July 1999
document.


TITLE: The Brownfields Economic Redevelopment Initiative: Proposal
Guidelines for Brownfields Job Training and Development Demonstration
Pilots
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA500-F-99-291
URL: http://www.epa.gov/swerosps/bf/job.htm


The goals of the Brownfields environmental job training and development
pilots are to facilitate cleanup of Brownfields sites contaminated with
hazardous substances and prepare the trainees for future employment in
the environmental field. The pilots will each be funded up to $200,000
over the next two years. This document outlines the contents of the
proposals for the brownfields environmental job training and development
pilots. EPA expects to select 10 job training pilots by the late May of
2000. The deadline for the new proposals for the 1999 environmental job
training and development pilots is March 3, 2000.


TITLE: Y2K Issues in the Oil Program
PUBLICATION DATE: June 1999
AVAILABILITY: Internet
EPA ORDER NO.: EPA540-F-99-008, OSWER 9360.8-18FS, PB99-963 222
URL: http://www.epa.gov/oilspill/y2kfact.htm


This fact sheet discusses how the Y2K problem could affect the Oil
Program, EPA’s requirements for Y2K compliance, and what the Oil Program
is currently doing about Y2K.


EPCRA


TITLE: Letter on Decontamination and First Responder Liability
PUBLICATION DATE: September 1999
AVAILABILITY: Hotline/Internet
ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/p-gen#letters


This memo outlines how CERCLA liability applies to first responders to
releases or threats of releases. It also includes a discussion about
the lack of an “acceptable level” of contaminated run-off that results
in an immediate threat to human health and/or the environment.
Acceptable levels of contaminated run-off are based on site specific
factors, such as the contaminant, concentration, and the characteristics
of the primary receiver stream.


TITLE: Hazardous Chemical Inventory Tier II Form and Instructions -
WINDOWS Version 3.0 (3.5")
PUBLICATION DATE: November 1999
AVAILABILITY: Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/tier2.htm


This software was developed to assist facilities in preparing their Tier
II reporting form, which is required annually under EPCRA Section 312.
The purpose of the Tier II form (hazardous chemical inventory) is to
provide state and local officials as well as the public with specific
information on hazardous chemicals present at a facility during the past
year.


TITLE: Y2K Letter to SERCs and LEPCs
PUBLICATION DATE: November 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/p-gen.htm#letters


This letter is to encourage facilities to develop viable contingency
plans in preparation for unanticipated problems and unexpected releases
of hazardous chemicals to the environment and surrounding community as a
result of the approaching Y2K. The letter also serves as a reminder
from EPA’s Office of Regulatory Enforcement (ORE) to small and
medium-sized enterprises that it is their obligation and responsibility
to take prompt and proper measures to prevent releases detrimental to
human health and the environment.


TITLE: Security Notice to Federal, State, and Local Officials and
Researchers
PUBLICATION DATE: October 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/ceppo/ap-99law.thm


This security notice accompanies EPA’s risk management plan access
package sent to federal, state, and local officials and researchers.
The information included in this package was created from risk
management plans (RMPs) submitted by facilities subject to 40 CFR Part
68. Currently, the off-site consequence analysis section of RMPs, the
portion of EPA’s database drawn from those sections, and certain other
related materials are not available to the public. This security
notices serves to describe the applicable restrictions and the criminal
penalties for violating those restrictions.


TITLE: EPA’s Chemical Emergency Preparedness and Prevention Office
PUBLICATION DATE: September 1999
AVAILABILITY: NSCEP/Internet
EPA ORDER NO.: EPA550-F-97-009
URL: http://www.epa.gov/ceppo/p-small.htm


This fact sheet is a revised, tri-fold brochure on the Chemical
Emergency Preparedness and Prevention Office (CEPPO). The brochure
highlights CEPPO’s mission, programs, partnerships, and future plans.
It also includes a listing of regional contacts.


CAA Section 112(r)


TITLE: Washington Suburban Sanitary Commission: Public Meeting Project
PUBLICATION DATE: November 1999
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/swercepp/ap-fabr.htm


This fact sheet provides an overview of meetings held in Washington,
D.C. by the Washington Suburban Sanitary Commission. The meetings were
conducted in order to fulfill the requirements of the recently enacted
Chemical Safety Information, Site Security, and Fuels Regulatory Relief
Act. The fact sheets also discuss the challenges, lessons learned and
cost vs. benefit information of the public meetings that were held.


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: EPA - Waste.


For selected EPCRA Federal Registers, choose: EPA - TRI.
For CAA Section 112(r) Federal Registers, choose: EPA - Air.


FINAL RULES


RCRA


“Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction Prior to May 30, 1991 and Have Not Been Modified
or Reconstructed Since May 30, 1991”
November 8, 1999 (64 FR 60689)


EPA promulgated a federal plan to implement emission guideline
requirements for existing municipal solid waste landfills (MSWLFs)
located in states and Indian country where state plans or tribal plans
are not currently in effect. The effective date of this rule is January
7, 2000.


“NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous
Waste Combustors”
November 19, 1999 (64 FR 63209)


EPA clarified the Notification of Intent to Comply and Progress Report
requirements of the Revised Standards for Hazardous Waste Combustors
Final Rule from June 19, 1998. EPA also corrected a typographical error
in the comparable fuels specification table and an omission pertaining
to residue testing requirements of the Hazardous Wastes Combustors
NESHAP Final Rule from September 30, 1999.


“OMB Approval Numbers Under the Paperwork Reduction Act Relating to the
Criteria for Classification of Solid Waste Disposal Facilities and
Practices”
November 19, 1999 (64 FR 66392)


EPA displayed the Office of Management and Budget (OMB) control numbers
under the Paperwork Reduction Act (PRA) for the Criteria for
Classification of Solid Waste Disposal Facilities and Practices.


CERCLA


“National Priorities List; Joseph Forest Products Site”
November 4, 1999 (64 FR 60121)


Notice of Deletion


“National Priorities List; McCarty’s/Pacific Hide and Fur Site”
November 4, 1999 (64 FR 60121)


Notice of Deletion


“National Priorities List; Tipton Army Airfield portion of the Fort
George G. Meade Site”
November 12, 1999 (64 FR 61526)


Notice of Partial Deletion


“National Priorities List; Materials Technology Laboratory—Watertown
Arsenal Development Corporation Parcel and Commander’s Quarters Parcel”
November 22, 1999 (64 FR 63720)


Notice of Partial Deletion


CAA 112(r)


“Approval of Delegation of the Accidental Release Prevention
Requirements; Risk Management Programs (RMP) Under Clean Air Act Section
112(r)(7); State of Ohio”
November 3, 1999 (64 FR 59650)


This action approves delegation of the Clean Air Act (CAA) Section
112(r)(7) accidental release prevention requirements to the State of
Ohio, Environmental Protection Agency (OEPA), Division of Air Pollution
Control (DAPC), for all applicable Ohio sources. DAPC requested the
Section 112(r)(7) delegation on July 23, 1999.


PROPOSED RULES


RCRA


“Hazardous Waste Identification Rule (HWIR): Identification and Listing
of Hazardous Wastes; Proposed Rule”
November 19, 1999 (64 FR 63382)


EPA proposed to establish constituent-specific exit levels for low-risk
solid wastes that are designated as hazardous because they are listed,
or have been mixed with, derived from, or contain listed hazardous
wastes. Under this proposal, generators of listed hazardous wastes that
meet the self-implementing exit levels would no longer be subject to the
hazardous waste management system under Subtitle C of RCRA as listed
hazardous wastes. EPA also proposed two regulatory options for a
concentration-based exemption. In addition, EPA discussed the
possibility of revising the land disposal restrictions (LDRs) by
replacing technology-based treatment standards in the RCRA regulations
with risk-based treatment standards. Comments concerning the mixture
and derived-from rules must be postmarked on or before February 17,
2000. Comments concerning the HWIR concentration-based exemption and
the LDR treatment standards must be postmarked on or before May 17,
2000.


“Storage, Treatment, Transportation, and Disposal of Mixed Waste;
Proposed Rule”
November 19, 1999 (64 FR 63464)


EPA proposed to provide increased flexibility to facilities that manage
low-level mixed waste (LLMW) and naturally occurring and/or
accelerator-produced radioactive material (NARM) mixed with hazardous
waste. EPA proposed to reduce dual regulation of LLMW, which is subject
to RCRA and to the Atomic Energy Act (AEA). Comments must received on
or before February 17, 2000.


CERCLA


“National Priorities List; Jacksonville Municipal Landfill Superfund
Site”
November 9, 1999 (64 FR 61051)


Notice of Intent to Delete


NOTICES


RCRA


“Guam: Adequacy Determination of State Municipal Solid Waste Permit
Program”
November 3, 1999 (64 FR 59761)


EPA proposed to issue a determination of adequacy for Guam’s municipal
solid waste landfill (MSWLF) permit program. Comments must be received
on or before November 22, 1999.


“Review of Environmental Protection Agency Public Participation
Policies”
November 30, 1999 (64 FR 66906)


EPA requested public comment on the 1981 Policy on Public Participation
report and its effectiveness over the years. Comments must be received
on or before December 30, 1999.


CERCLA


“Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) or Superfund, Section 104, Announcement of Proposal Deadline
for the Competition for the FY 2000 Brownfields Cleanup Revolving Loan
Fund Pilots”
November 5, 1999 (64 FR 60440)


EPA began to accept proposals for the FY 2000 Brownfields Cleanup
Revolving Loan Fund Pilots on November 5, 1999. The Brownfields Cleanup
Revolving Loan Fund pilots (each funded up to $500,000) test cleanup and
redevelopment planning models, direct special efforts toward removing
regulatory barriers without sacrificing protectiveness, and facilitate
coordinated environmental cleanup and redevelopment efforts at the
federal, state, and local levels. EPA expects to select up to 70
additional Brownfields Cleanup Revolving Loan Fund pilots by May 2000.
The deadline for new proposals for the FY 2000 Brownfields Cleanup
Revolving Loan Fund pilots is February 7, 2000.


“Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) or Superfund, Section 104; Announcement of Proposal Deadline
for the Competition for Fiscal Year 2000 Supplemental Assistance to the
National Brownfields Assessment Demonstration Pilots”
November 5, 1999 (64 FR 60441)


EPA began to accept proposals for supplemental assistance for the
National Brownfields Assessment Pilots on November 5, 1999. Assessment
pilots awarded on or before September 30, 1998, may apply for up to
$150,000 for continuance and expansion of their brownfields assessment
efforts. This supplemental funding will be awarded on a competitive
basis. EPA expects to select up to 50 national brownfields assessment
pilots to receive supplemental assistance by March 2000. The deadline
for proposals for the 2000 supplemental assistance is December 22,
1999. Proposals must be post-marked or sent to EPA via registered or
tracked mail by the stated deadline.


“Record of Decision: Hanford Comprehensive Land-Use Plan Environmental
Impact Statement (HCP EIS)”
November 12, 1999 (64 FR 6161)


The Department of Energy (DOE) is issuing this Record of Decision (ROD)
to adopt a Comprehensive Land-Use Plan (CLUP) for its Hanford Site in
Washington. The purpose of this land-use plan and its implementing
policies and procedures is to facilitate decision-making about the
site’s uses and facilities over at least the next 50 years. The
Department’s decision seeks to balance the Department’s continuing
land-use needs at Hanford with its desire to preserve important
ecological and cultural values of the site and allow for economic
development in the area.


“Notice of Availability, Final Restoration Plan”
November 15, 1999 (64 FR 61931)


The U.S. Fish and Wildlife Service (Service), on behalf of the
Department of the Interior (DOI), as a natural resource trustee,
announces the release of the final Restoration Plan (Final Plan) for the
Hi View Terrace Superfund Site. The Final Plan describes the DOI’s plan
to restore natural resources injured as a result of remedial actions
undertaken to address the release of hazardous substances from the Hi
View Terrace Superfund Site.


“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”
November 16, 1999 (64 FR 62200)


The Environmental Protection Agency will begin accepting applications
for Brownfields Job Training and Development Demonstration Pilots
through March 3, 2000. The application period will close March 3, 2000,
and the Agency intends to competitively select ten Pilots by May, 2000.
This action is effective November 16, 1999. All proposals must be
received by March 3, 2000.


EPCRA


“Agency Information Collection Activities: Submission for OMB Review;
Comment Request; Emergency Planning and Release Notification
Requirements (EPCRA Sections 302, 303, and 304)”
November 8, 1999 (64 FR 60814)


In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), this document announces that the following Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval: Emergency Planning and Release
Notification Requirement (EPCRA sections 302, 303, and 304), OMB Control
No. 2050-0092, expires January 31, 2000. The ICR describes the nature
of the information collection and its expected burden and cost; where
appropriate, it includes the actual data collection instrument.


“Agency Information Collection Activities: Submission for OMB Review;
Comment Request; Community Right-to-Know Reporting Requirements Under
Sections 311 and 312 of the Emergency Planning and Community
Right-to-Know Act (EPCRA)”
November 12, 1999 (64 FR 61634)


In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), this document announces that the following Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval: Community Right-to-Know Reporting
Requirements under Sections 311 and 312 of EPCRA, OMB Control Number
2050-0072, expiring January 31, 2000. The ICR describes the nature of
the information collection and its expected burden and cost; where
appropriate, it includes the actual data collection instrument.


“Lead and Lead Compounds; Lowering of Reporting Thresholds; Community
Right-to-Know Toxic Chemical Release Reporting; Public Meetings”
November 15, 1999 (64 FR 61807)


EPA will hold public meetings to obtain comment on issues relating to
the August 3, 1999, proposed rule to lower the reporting thresholds for
lead and lead compounds which are subject to reporting under EPCRA
Section 313 and Section 6607 of the Pollution Prevention Act of 1990
(PPA). The proposed action would lower the threshold for each category
to 10 pounds.


CONSENT DECREES AND SETTLEMENTS


“Proposed Administrative Settlement; Raymark Industries, Inc. Superfund
Site”
November 1, 1999 (64 FR 58841)


“Proposed Administrative Settlement; Sanders Aviation Superfund Site”
November 4, 1999 (64 FR 60194)


“Proposed Clean Water Act Class II Administrative Penalty; Paramount
Petroleum Corporation, Inc. and Eott Energy Operating Limited
Partnership”
November 4, 1999 (64 FR 60204)


“Proposed Administrative Settlement; Blackburn and Union Privileges
Superfund Site”
November 5, 1999 (64 FR 60444)


“Amended Consent Decree; United States v. ASARCO, Inc., et al.”
November 12, 1999 (64 FR 61662)


“Proposed Administrative Settlement; Holloway Waste Oil Site”
November 15, 1999 (64 FR 61877)


“Proposed Administrative Settlement; Peach Metal Industries, Inc.
Superfund Site”
November 18, 1999 (64 FR 63045)


“Proposed Administrative Settlement; Bull Moose Tube Superfund Site”
November 22, 1999 (64 FR 63811)


“Proposed Administrative Order on Consent; Gates Corporation, Boone,
Iowa”
November 23, 1999 (64 FR 65696)


“Proposed Administrative Settlement; Aurum Etching Superfund Site”
November 24, 1999 (64 FR 66185)


“Partial Consent Decree; United States v. Jack L. Aronowitz, et al.”
November 26, 1999 (64 FR 66491)


“Consent Decree; United States v. East Charleston and Fogg, and Harold
Gerecht”
November 26, 1999 (64 FR 66491)


“Proposed Administrative Settlement; Gary Lagoons Superfund Site”
November 29, 1999 (64 FR 66634)


“Consent Decree; United States v. Western Processing Co., et al.”
November 30, 1999 (64 FR 66932)


“Consent Decree: United States vs. Western Processing Co.”
November 30, 1999 (64 FR 66932)



CALL ANALYSIS


This month, the Hotline responded to a total of 13,997 questions and
document requests.


CALLER PROFILE


RCRA/UST Hotline


Regulated Community 2,079
Citizens 207
State & Local Government 97
Native Americans 8
Federal Agencies 53
Educational Institutions 123
EPA 77
Media 3
Interest Groups 86
Congress 0
International 2
Other 198
Referrals* 296
Transfers to EPCRA/Superfund Hotline* 144
Document Retrieval Line* 12
Message Retrieval Line* 68
Mailed Document Requests* 28


TOTAL NUMBER OF CALLERS 3,481


Emergency Planning and Community Right-to-Know Act/Superfund Hotline


Manufacturers
Food/Tobacco 29
Textiles 6
Apparel 2
Lumber & Wood 2
Furniture 1
Paper 4
Printing & Publishing 12
Chemicals 170
Petroleum & Coal 39
Rubber and Plastics 15
Leather 0
Stone, Clay & Glass 8
Primary Metals 14
Fabricated Metals 55
Machinery (Excluding Electrical) 1
Electrical & Electronic Equipment 0
Transportation Equipment 14
Instruments 1
Misc. Manufacturing 105
Metal Mining 5
Coal Mining 3
Electricity Generating 25
RCRA Subtitle C 4
Solvent Recovery 4
Petroleum Bulk Storage 29
Chemical Distributor 5
Propane Retailer 29
POTW 20
Subtotal 602


Consultants/Engineers 1,698
Attorneys 84
Citizens 95
Public Interest Groups 50
Educational Institutions 27
EPA 32
Federal Agencies 35
GOCOs 1
Congress 0
State Officials/SERC 30
Local Officials/LEPCs 0
Fire Departments 4
Hospitals/Laboratories 5
Trade Associations 1
Union/Labor 0
Farmers 1
Distributors 23
Insurance Companies 0
Media/Press 1
Native Americans 0
International 0
Other 198
Referrals* 144
Transfers to RCRA/UST Hotline* 94
Document Retrieval Line* 0
Message Retrieval Line* 142


TOTAL NUMBER OF CALLERS 3,267
*No caller profile data available.


HOTLINE TOPICS


RCRA


RCRA GENERAL 641
SUBTITLE C
Hazardous Waste Id. - General 901
Characteristics 409
Listings 438
Mixture Rule 66
Derived-From 43
Contained-In Policy 126
Sampling 20


Solid and Hazardous Waste Exclusions 260(1)
Radioactive Mixed Waste 32
Delisting Petitions 14
Definition of Solid Waste/Hazardous
Waste Recycling 511
Large Quantity Generators 522(1)
Small Quantity Generators 154
CESQGs 109
Transporters 81
Exports/Imports 18
TSDFs
General Facility Standards 147
Unit Standards 286(1)
Air Emissions 85
Combustion - General 41
BIFs 23
Incinerators 25
Draft Strategy 3
Waste Minimization 19
LDR
Applicability 155
Notifications/Certification 66
Treatment Standards 161
Permits and Permitting 140
State Programs 84
Financial Assurance 38
Closure/Post-Closure 117
Corrective Action 211(1)
Enforcement 114
Hazardous Waste Data 63
Test Methods 34
Indian Lands 1
Used Oil Standards 190
Military Munitions 12
OTHER WASTES
Ash 0
Bevill Amendment (Mining Waste) 27
Medical Wastes 104
Oil and Gas 9
SUBTITLE D
Household Hazardous Wastes 87
Subtitle D - General 137
Technical Standards 19
Industrial Wastes 40
Municipal Wastes 71
Indian Lands 6
Financial Assurance 1
Solid Waste Recycling/Markets -
General 333
Aluminum 1
Batteries 8
Glass 1
Paper 14
Plastics 12
Tires 13
Used Oil 9
Composting 26
Procurement 42
Source Reduction/Pollution Prevention 111(1)
Grants and Financing 14


TOTAL QUESTIONS 7,475*
* Includes 2,892 RCRA document requests.


UST


General/Misc. 56
Applicability/Definitions 96
Regulated Substances 15
Closure 23
1998 Deadline 16
Standards for New Tank Systems 13
Tank Standards and Upgrading 11
Replacing/Closing 7
Release Detection 37(1)
Reporting Requirements 5
Operating Requirements 0
Corrective Action for USTs 28
Financial Responsibility 16
Enforcement 19(1)
State Programs 6
Private Sector 0
Indian Lands 0
MTBE 1
LUST General/Miscellaneous 3
RBCA 0
Technologies 0
Solvency/Cost Controls 0


TOTAL QUESTIONS 352*
* Includes 88 UST document requests.
(1) Hot topics for this month.


EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW


General:
General Title III Questions 287
Trade Secrets 0
Enforcement 29(1)
Liability/Citizen Suits 0
Training 1
Chemical-Specific Information 16
Federal Facilities Executive Order 3
Emergency Planning (Sections 301-303):
General 49
Notification Requirements 13
SERC/LEPC Issues 17
EHSs/TPQs 21
Risk Communication/Hazards Analysis 11
Exemptions 5
Emergency Release Notification (Section 304):
General 44
Notification Requirements 54
Reportable Quantities 60
CERCLA Section 103 vs. SARA Section 304 25
ARIP/AHEDB/ERNS 0
Exemptions 24
Hazardous Chemical Reporting (Sections 311-312)
General 105
MSDS Reporting Requirements 63
Tier I/II Requirements 177(1)
Thresholds 70
Hazard Categories 7
Mixtures Reporting 7
Exemptions 42
Toxic Chemical Release Inventory (Section 313):
General 329
AFR 32
Reporting Requirements 500(1)
Thresholds 229(1)
Form R Completion 680(1)
Supplier Notification 12
NOTEs/NOSEs/NONs 370
Voluntary Revisions 168
Pollution Prevention 33/50 7
Public Access to Data 25
TRI Database 22
Petitions 4
TRI Expansion 42
Exemptions 51
CAA (Section 112(r)):
General Duty 22
RMP General 386
Regulated Substances/Thresholds 207(1)
Exemptions 100
Process Identification 17
Program Levels 10
Offsite Consequence Analysis 103(1)
Accident History 0
Prevention Program 3
Emergency Response Program 3
Management Program 1
RMP Submission 78
Access to RMP Data 127(1)
Risk Communication 57
State Implementation 5
RMP Enforcement 32



TOTAL QUESTIONS 4,752
*Includes 689 Emergency Planning and Community Right-to-Know document
requests.



SUPERFUND


General/Misc. 294
Access & Information Gathering 8
Administrative Improvement
General 21
Environmental Justice/Brownfields 135(1)
SACM/Presumptive Remedies 2
Soil Screening Levels 7
Administrative Record 6
ARARs 20
CERCLIS 65
Citizen Suits 2
Claims Against Fund 17
Clean-Up Costs 28
Clean-Up Standards 21
Community Involvement 18
Contract Lab Program (CLP) 4
Contractor Indemnification 0
Contracts 1
Definitions 6
Enforcement 43
Federal Facilities 8
Hazardous Substances 58
HRS 9
Liability 65
Local Gov't Reimbursement 0
Natural Resource Damages 18
NCP 16
Notification 77(1)
NPL 62(1)
Off Site Rule 19
OSHA 0
PA/SI 16
PRPs 36
RD/RA 7
Reauthorization 0
Remedial 16
Removal 0
RI/FS 21
Risk Assess./Health Effects 65(1)
ROD 20
RQ 62(1)
Settlements 30
SITE Program 0
State Participation 0
State Program 12
TAGs 0
Taxes 9


Special Topics
Oil Pollution Act 7
SPCC Regulations 87


TOTAL QUESTIONS 1,418*
*Includes 445 Superfund document requests.


Total Hotline Questions and Document Requests: 13,997


Topics are calculated as the summation of all questions received by the
Hotline. A single call may result in multiple questions.


This page was last changed on 01/21/05

 

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Contact information:
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Table of Contents for Environmental Health & Safety Online for EHS Professionals http://www.ehso.com/contents.php
Environmental and safety services for business - training, consulting, assessments, ISO14000, report and permit preparations and expert testimony. http://www.ehso.com/EHSservices/enviserv.htm
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Contact information:
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Table of Contents for Environmental Health & Safety Online for EHS Professionals http://www.ehso.com/contents.php
Environmental and safety services for business - training, consulting, assessments, ISO14000, report and permit preparations and expert testimony. http://www.ehso.com/EHSservices/enviserv.htm
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Contact information:
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