Monthly US EPA RCRA / Superfund Hotline Report for February 2004

EPA530-R-04-003b

MONTHLY CALL CENTER REPORT

February 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 

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Center

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and Monthly Call Center Reports e-mailed to them as they are

released at no charge.

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FREQUENTLY ASKED QUESTIONS

Pursuant to 40 CFR Section 262.34(a), a large quantity generator

(LQG) must comply with the applicable air emissions standards in

Part 265, Subpart CC.  Are satellite accumulation containers

subject to these requirements?

The air emissions standards in Part 265, Subpart CC, do not

extend to containers used for satellite accumulation because of

the widespread use of the containers by manufacturing process

operators to collect small quantities of hazardous waste as

generated and because of the integrated use of these containers

with the manufacturing operation (59 FR 62896, 62910; December 6,

1994).

When conducting groundwater monitoring at a RCRA permitted

facility, must an owner or operator provide a separate

groundwater monitoring system for each regulated unit?

Owners or operators are not required to provide separate

groundwater monitoring systems for each regulated unit.  However,

the groundwater monitoring system must be able to detect and

measure all constituents that have entered the groundwater in the

uppermost aquifer from each of the regulated units (40 CFR

Section 264.97(b)).

Can spent oil-based solvents be managed as used oil under 40 CFR

Part 279?

The definition of used oil in Section 279.1 does not include oil-

based products used as solvents refined from crude oil or

manufactured from synthetic materials.  Petroleum-based solvents

are viewed as wastes separate and distinct from used oil (57 FR

41566, 41574; September 10, 1992).

A site with a release that is a priority for long-term remedial

evaluation and response can be included on the National

Priorities List (NPL) if it meets one of the criteria in 40 CFR

Section 300.425(c).  One criterion considers the Hazard Ranking

System (HRS) score of the release.  What is the HRS?

The HRS is the screening device used by EPA to evaluate the

relative potential of hazardous substance releases to cause

health or safety problems, or ecological or environmental damage

(Section 300.5).  The HRS and its use are described in detail in

Part 300, Appendix A.

To be included in EPA's National Contingency Plan (NCP) Product

Schedule, dispersants must be tested for effectiveness.  What

test method must be used to determine the effectiveness of a

dispersant?

The Swirling Flask effectiveness test, as described in 40 CFR

Part 300, Appendix C, must be used to determine the effectiveness

of a dispersant (40 CFR Section 300.915(a)(7)).

How must an owner or operator permanently close an underground

storage tank (UST) in accordance with 40 CFR Part 280?

To permanently close a UST, owners and operators must empty and

clean the tank by removing all liquids and accumulated sludges.

Furthermore, all tanks permanently taken out of service must also

be either removed from the ground or filled with an inert solid

material (40 CFR Section 280.71(b)).

CALL CENTER QUESTIONS AND ANSWERS

RCRA

1.  Secondary Containment for Used Oil Storage Units at

    Transfer Facilities

 A transporter delivers used oil to a burner via a rail car and

must stop at a transfer facility for three days while en route to

the final destination.  Would secondary containment be required

for the rail car containing used oil while it is at the transfer

facility?

 Any container or tank used to store used oil at a transfer

facility for greater than 24 hours, including used oil contained

in a rail car, must be equipped with secondary containment (40

CFR Section 279.45).  The secondary containment system should

include dikes, berms, or retaining walls and a floor at a

minimum, although other equivalent secondary containment systems

may be used (Sections 279.45(d)-(e)).  Some examples of

equivalent secondary containment systems are a tank with an

external liner, a tank inside a vault, and a double-walled tank

(56 FR 48000, 48045; September 23, 1991).  An aboveground storage

tank system consisting of a shop-fabricated double-walled tank

operated with overfill prevention measures may also provide

equivalent protection (57 FR 41566, 41591; September 10, 1992).

Regardless of how secondary containment is achieved, the entire

containment system must be sufficiently impervious to used oil to

prevent any leakage of oil within the containment system from

migrating out to soil, groundwater, or surface water prior to the

cleanup of spills and releases.

 The secondary containment requirements apply to all used oil

transfer facilities (i.e., those facilities that temporarily

store used oil for longer than 24 hours but not exceeding 35

days) regardless of their location and regardless of the size of

any single tank or container at the facility or the total storage

capacity of the facility (57 FR 41566, 41590; September 10,

1992).  The secondary containment requirements do not apply to

aboveground tanks or containers taken out of service at a

transfer facility.  However, any material left in these out-of-

service units must be handled appropriately under all applicable

regulations, including RCRA Subtitle C standards if the material

meets the definition of hazardous waste.  Storage of used oil in

tanks or containers over 35 days at a transfer facility would

subject the facility to the standards for used oil processors and

re-refiners in Part 279, Subpart F (57 FR 41566, 41590-41591;

September 10, 1992).

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: Tribal Decision-Maker's Guide to Solid Waste Management

PUBLICATION DATE: November 2003

EPA ORDER NO.: EPA530-R-03-013

AVAILABILITY: NSCEP

URL: www.epa.gov/epaoswer/non-hw/tribal/thirds/remsw.htm

This document discusses solutions to solid waste management

problems faced by Native American tribes and villages, ways to

improve existing solid waste systems, and how tribes and villages

can develop new and more effective solid waste management

programs.

TITLE: Manejando Sus Residuos Peligrosos (Spanish - Managing Your

Hazardous Waste: A Guide for Small Businesses)

PUBLICATION DATE: January 2004

EPA ORDER NO.: EPA530-K-01-005S

AVAILABILITY: Internet Only

URL: www.epa.gov/epaoswer/general/espanol/hazrules.pdf

This publication is the Spanish translation of Managing Your

Hazardous Waste: A Guide for Small Businesses (EPA530-K-01-005).

The manual helps small businesses determine whether they generate

hazardous waste and provides comprehensive information on how to

comply with the federal hazardous waste regulations for small

quantity generators.  It explains how to obtain an EPA

identification number, manage hazardous waste on site, ship

hazardous waste off site, comply with land disposal restrictions,

and conduct good housekeeping.

TITLE: WasteWise 2003: Celebrating Our Partners

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA530-R-03-014

AVAILABILITY: NSCEP

URL: www.epa.gov/epaoswer/non-hw/reduce/wstewise/pubs/progrpts/

pdfs/report9.pdf

This document celebrates businesses that are partners of the

WasteWise program, and briefly explains what each company is

doing.

TITLE: Developing Your Leader Program

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA530-F-03-054

AVAILABILITY: NSCEP

URL: www.epa.gov/epaoswer/osw/conserve/c2p2/leader.pdf

This document discusses ways leaders can educate organizations

about the Coal Combustion Products Partnership (C2P2) and the

beneficial uses of combustion products.

TITLE: Aspectos Sociales de la Ubicaci�n de Instalaciones de

Residuos Peligrosos de RCRA (Spanish - Social Aspects of Siting

RCRA Hazardous Waste Facilities)

PUBLICATION DATE: September 2003

EPA ORDER NO.: EPA530-K-00-005S

AVAILABILITY: Internet Only

URL: www.epa.gov/epaoswer/general/espanol/sp-sitng.pdf

This publication is the Spanish translation of Social Aspects of

Siting RCRA Hazardous Waste Facilities (EPA530-K-00-005), which

has been developed for industries and for government agencies

that interact with communities when hazardous waste facilities

are sited.  The primary purpose of this booklet is to share

experiences and creative mechanisms that work effectively with

communities, as well as encourage businesses and government

agencies to address community concerns early, collaboratively,

and compassionately.

TITLE: Resource Conservation Challenge: A Year of Progress

PUBLICATION DATE: February 2004

AVAILABILITY: Internet Only

EPA ORDER NO.: EPA530-R-04-001

URL: www.epa.gov/epaoswer/osw/conserve/resources/rcc-rpt1.pdf

This document discusses how the Resource Conservation Challenge

(RCC) expanded throughout the nation as private sector partners

accepted the challenge and throughout EPA as it was incorporated

into other media programs.  It also identifies contributions to

resource conservation and energy savings made by RCC partners,

existing partnership programs such as WasteWise, and new

partnership programs such as the National Waste Minimization

Partnership Program, the Coal Combustion Products Partnership

(C2P2), Plug-In to eCycling, and the GreenScapes Alliance.

UST

TITLE: Reuse of Abandoned Gas Station Sites

PUBLICATION DATE: February 2004

EPA NO.: EPA510-F-04-001

AVAILABILITY: Internet Only

URL: www.epa.gov/swerust1/pubs/pb.htm

This information sheet briefly describes EPA's efforts to put to

productive use thousands of polluted, abandoned gas stations and

other petroleum-contaminated sites.

CERCLA

TITLE: Superfund Ready for Reuse Determination Guidance Fact

Sheet

PUBLICATION DATE: January 2004

OSWER DIRECTIVE NO.: 9365.0-33-FS

AVAILABILITY: Internet Only

URL: www.epa.gov/superfund/programs/recycle/rfrfactsheet.pdf

This fact sheet provides information on the Ready for Reuse

(RfR) Determination Guidance document.  The RfR determination is

an environmental status report that documents a technical

determination by EPA, in consultation with states, tribes, and

local governments, that all or a portion of a real estate

property can support specified types of uses and remain

protective of human health and the environment.

TITLE: Guidance for Preparing Superfund Ready for Reuse

Determinations

PUBLICATION DATE: February 2004

OSWER DIRECTIVE NO.: 9365.0-33-D

AVAILABILITY: Internet Only

URL: www.epa.gov/superfund/programs/recycle/rfrguidance.pdf

This guidance document provides information to EPA Regional and

Headquarters staff on the use and preparation of the RfR

determinations at Superfund sites.  This guidance will assist the

Region in determining what information is sufficient to support a

RfR decision and how to document the RfR determination.

TITLE: Choosing "Greenspace" as a Brownfields Reuse

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA500-F-03-248

AVAILABILITY: Internet Only

URL: www.epa.gov/brownfields/success.htm

This fact sheet highlights brownfields success stories across the

United States, specifically focusing on how brownfields can be

converted to greenspace without compromising the need to protect

human health and the environment.

TITLE: Sustainable Reuse - Ensuring that a Brownfield's Reuse

Offers the Greatest Social, Economic, and Environmental Benefit

to the Community

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA500-F-03-251

AVAILABILITY: Internet Only

URL: www.epa.gov/brownfields/success.htm

This fact sheet highlights how the redevelopment of brownfields

sites is empowering communities and benefiting local residents.

TITLE: For EPA's Brownfields Program, "Green" Refers to More Than

the Environment

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA500-F-03-250

AVAILABILITY: Internet Only

URL: www.epa.gov/brownfields/success.htm

This fact sheet highlights areas around the country that are

benefiting economically from the cleanup and restoration of

brownfields sites.

TITLE: Using "Green" Buildings on Brownfields: Using Innovative

Architecture to Improve Performance

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA500-F-03-249

AVAILABILITY: Internet Only

URL: www.epa.gov/brownfields/success.htm

This fact sheet highlights the use of green buildings at

brownfields sites.

OIL PROGRAM

TITLE: Oil Drop

PUBLICATION DATE: October 2003

EPA ORDER NO.: EPA540-N-03-003

OSWER DIRECTIVE: 9360.8-63

AVAILABILITY: Internet Only

URL: www.epa.gov/oilspill/document.htm

This outreach journal includes information on pipeline systems,

the Seventh International Effects of Oil on Wildlife Conference,

illegal sludge discharges at sea, oil spills off the British

Coast, and the EPA Oil Program Infoline.

CAA Section 112(r)

TITLE: A Checklist for Resubmitting Your Risk Management Plan

(RMP) for Chemical Accident Prevention

PUBLICATION DATE: February 2004

EPA ORDER NO.: EPA550-F-04-001

AVAILABILITY: Internet Only

URL: yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPS.htm

This fact sheet provides a checklist of requirements for

preparing a five-year update for risk management plans in 40 CFR

Part 268.

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

"Land Disposal Restrictions: Site-Specific Treatment Variances

for Heritage Environmental Services LLC and Chemical Waste

Management Inc."

February 11, 2004 (69 FR 6567)

 EPA granted three site-specific treatment variances from the

land disposal restrictions (LDR) treatment standards for selenium-

bearing hazardous wastes generated by glass-manufacturing

facilities.  EPA granted these variances because the chemical

properties of the wastes differ significantly from those wastes

used to establish the current LDR treatment standard for

selenium, and the submitted petitions have adequately

demonstrated that the wastes cannot be treated to meet this

treatment standard.  This final rule becomes effective on March

29, 2004, unless EPA receives adverse comment by March 12, 2004.

"Hazardous Waste Management System; Identification and Listing of

Hazardous Waste Final Exclusion"

February 26, 2004 (69 FR 8828)

 EPA granted a petition submitted by the Daimler Chrysler

Corporation Jefferson North Assembly Plant to exclude (i.e.,

delist) wastewater treatment sludge from conversion coating on

aluminum generated by its Detroit, Michigan, facility from the

lists of hazardous waste.  This final rule conditionally excludes

the petitioned wastes 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.  This rule is effective on February 26, 2004.

CERCLA

"National Oil and Hazardous Substances Pollution Contingency

Plan; National Priorities List"

February 20, 2004 (69 FR 7873)

 EPA announced the deletion of the Wheeler Pit Superfund Site

from the National Priorities List (NPL).  This direct final

notice of deletion will be effective April 20, 2004, unless EPA

receives adverse comment by March 22, 2004.

PROPOSED RULES

RCRA

"Land Disposal Restrictions: Site-Specific Treatment Variances

for Heritage Environmental Services LLC and Chemical Waste

Management Inc."

February 11, 2004 (69 FR 6593)

 EPA proposed to grant three site-specific treatment variances

from LDR treatment standards for selenium-bearing hazardous

wastes from the glass manufacturing industry.  EPA granted the

variances as a direct final rule without prior proposal in the

final rules section (69 FR 6567; February 11, 2004).  The direct

final rule provides rationales for granting the variances.

Unless adverse comments are received by March 12, 2004, the final

rule becomes effective on March 29, 2004.

"Comprehensive Procurement Guideline V for Procurement of

Products Containing Recovered Materials; Reopening of Comment Period"

February 18, 2004 (69 FR 7612)

 EPA reopened and extended the comment period until March 19,

2004, for the proposed rule entitled "Comprehensive Procurement

Guideline V for Procurement of Products Containing Recovered

Materials" (68 FR 68813; December 10, 2003).  The public comment

period for this proposed rule originally ended on February 9,

2004.

"Hazardous Waste Management System; Identification and Listing of

Hazardous Waste; Proposed Exclusion"

February 20, 2004 (69 FR 7888)

 EPA proposed to grant a petition submitted by Bekaert

Corporation to exclude (i.e., delist) wastewater treatment plant

sludge generated by its Dyersburg, Tennessee, facility from the

lists of hazardous wastes.  EPA used the Delisting Risk

Assessment Software (DRAS) in evaluating the impact of the

petitioned waste on human health and the environment.  The

proposed decision would exclude the petitioned waste from the

requirements of hazardous waste regulation under RCRA. Comments

must be received by March 8, 2004.

"Hazardous Waste Management System: Identification and Listing of

Hazardous Waste: Conditional Exclusions From Hazardous Waste and

Solid Waste for Solvent-Contaminated Industrial Wipes; Notice of

Public Hearing and Extension of Comment Period"

February 24, 2004 (69 FR 8353)

 EPA announced that a public hearing will be held on March 9,

2004, in Washington, D.C., and extended the end of the comment

period from March 19, 2004, until April 9, 2004, for the proposed

rule entitled "Proposed Conditional Exclusions from Hazardous and

Solid Waste for Solvent-Contaminated Industrial Wipes'' (68 FR

65586; November 20, 2003).

CERCLA

"National Oil and Hazardous Substances Pollution Contingency

Plan; National Priorities List"

February 18, 2004 (69 FR 7613)

 EPA announced its intent to delete the Florence Land

Recontouring Landfill Superfund Site from the NPL and requested

public comment on this notice of intent.  Comments must be

received by March 19, 2004.

"National Oil and Hazardous Substances Pollution Contingency

Plan; National Priorities List"

February 20, 2004 (69 FR 7897)

 EPA announced its intent to delete the Wheeler Pit Superfund

Site from the NPL and requested public comment on this notice of

deletion.  Comments must be received by March 22, 2004.

"National Oil and Hazardous Substances Pollution Contingency

Plan; National Priorities List"

February 24, 2004 (69 FR 8353)

 EPA announced its intent to delete the Combe Fill North Landfill

Superfund Site from the NPL and requested public comment on this

notice of intent.  Comments must be received March 25, 2004.

NOTICES

RCRA

"Recovered Materials Advisory Notice V; Reopening of Comment Period"

February 18, 2004 (69 FR 7637)

 EPA reopened and extended the end of the comment period until

March 19, 2004, for the "Recovered Materials Advisory Notice V"

(68 FR 68919; December 10, 2003).  The public comment period for

this notice originally ended on February 9, 2004.

CERCLA

"Notice of Availability and Opportunity To Comment on the `Draft

CERCLA Model Application/Information Request for Service Station

Dealers' for Section 114(c) of the Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA); Notice of

Public Meeting"

February 3, 2004 (69 FR 5147)

 EPA announced a 60-day public comment period for the document

entitled "Draft Model CERCLA Application/Information Request for

Service Station Dealers."  EPA also announced a public meeting to

discuss questions and comments on the draft model document.

Comments must be received by April 5, 2004.

"CERCLA, Section 104(k); Announcement of Proposal Deadline for a

Reopening of the Competition for the 2004 National Brownfields

Assessment, Revolving Loan Fund, and Cleanup Grants"

February 10, 2004 (69 FR 6283)

 EPA reopened the competition for fiscal year 2004 brownfields

grants to accept applications for funding for certain brownfield

sites that were not previously eligible under the "Proposal

Guidelines for Brownfields Assessment, Revolving Loan Fund, and

Cleanup Grants, The October 2003 Proposal Guidelines."  Proposals

must be received by March 9, 2004.

EPCRA

"Agency Information Collection Activities OMB Responses OMB Approvals"

February 18, 2004 (69 FR 7628)

 This document announced the Office of Management and Budget

(OMB) responses to Information Collection Requests (ICR), in

compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et.

seq.).  Specifically, ICR Number 1704.07, "Toxic Chemical Release

Reporting, Alternate Threshold for Low Annual Reportable Amounts,

Recordkeeping, Supplier Notification and Petitions under Section

313 of EPCRA," was approved on January 9, 2004.  This ICR, OMB

Number 2070-0143, expires January 31, 2006.  Also, ICR Number

1363.13, "Toxic Chemical Release Reporting, Recordkeeping,

Supplier Notification and Petitions under Section 313 of EPCRA,"

was approved on January 9, 2004.  This ICR, OMB Number 2070-0093,

expires January 31, 2006.

SETTLEMENTS AND CONSENT ORDERS

"Proposed Settlement; Florida Petroleum Reprocessors Superfund Site"

February 2, 2004 (69 FR 4934)

"Proposed Administrative Settlement; Uravan Uranium Superfund Site"

February 2, 2004 (69 FR 4935)

"Proposed Administrative Settlement; Nash Finch Company"

February 4, 2004 (69 FR 5346)

"Proposed Amendment to an Administrative Agreement; Amenia Town

Landfill Superfund Site"

February 5, 2004 (69 FR 5544)

"Proposed Settlement; T.H. Agriculture & Nutrition Company

Superfund Site"

February 5, 2004 (69 FR 5545)

"Consent Decree; United States v. A-L Processors, f.k.a. Atlas-

Lederer Co., et al."

February 5, 2004 (69 FR 5575)

"Consent Decree; United States v. Central Maine Power Company"

February 5, 2004 (69 FR 5576)

"Consent Decree; United States v. Saunders Supply Company, et al."

February 5, 2004 (69 FR 5577)

"Consent Decree; 

United States

v. Aervoe Industries, Inc., et al.

"

February 11, 2004 (69 FR 6690)

"Consent Decree; 

United States

v. AFG Industries, Inc., et al."

February 11, 2004 (69 FR 6690)

"Agreement; Broderick Wood Products Site, Sand Creek Site,

Chemical Sales Site, Woodbury Chemical Site, and Koppers Site"

February 17, 2004 (69 FR 7480)

"Consent Decree; 

United States

and People of the State of

Illinois

, ex rel. Madigan v. Manville Sales Corporation"

February 20, 2004 (69 FR 7982)

"Consent Decree; 

United States

v. Sporting Goods Properties, Inc."

February 26, 2004 (69 FR 8986)