Monthly US EPA RCRA / Superfund Hotline Report for February 2004

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EPA530-R-04-003b
MONTHLY CALL CENTER REPORT
February 2004
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               RCRA, 

Superfund & EPCRA

Call

Center

   (Services in support of OUST, OSW, OIAA, OEPPR, and OSRTI)
           National Toll-Free No.: (800) 424-9346
                            Local: (703) 412-9810
       TDD National Toll-Free No.: (800) 553-7672
                            Local: (703) 412-3323
 
This report is prepared and submitted in support of Contract No. 68-W-01-020.
                                
Scott Maid, Project Officer
Judi Kane, Deputy Project Officer


U.S.

Environmental Protection Agency


Washington
, 
DC
  
20460

 
 
Availability
 
The complete text of the 1991 (November and December only), 1992,
1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003
and 2004 Monthly Call Center Reports may be accessed from the
Internet.  Go to the Call Center Home Page at
www.epa.gov/epaoswer/hotline and select "Monthly Reports."
 
The 

Call

Center

maintains an electronic mailing list named
callcenter_oswer.  Subscribers can have 

Call

Center

announcements
and Monthly Call Center Reports e-mailed to them as they are
released at no charge.
 
* To subscribe to the 

Call

Center

electronic mailing list send a
  blank e-mail to: [email protected]
 
* To unsubscribe from an EPA electronic mailing list send a blank
  e-mail to: [email protected]
  For example, [email protected]
 
 
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 Ubicación 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)
 
 
 

 

This page was last changed on 05/20/06