Monthly US EPA RCRA / Superfund Hotline Report for March 2004

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EPA530-R-04-003c
MONTHLY CALL CENTER REPORT
March 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
 
How long can a conditionally exempt small quantity generator
(CESQG) accumulate hazardous waste on site?
 
There is no limit to how long a CESQG may accumulate hazardous
waste on site; rather, a CESQG is limited to how much hazardous
waste is accumulated at any time.  If a CESQG accumulates, at any
time, more than 1,000 kilograms of hazardous waste, all of those
accumulated wastes are subject to regulation as small quantity
generator (SQG) hazardous wastes (40 CFR Section 261.5(g)(2)).
States may be more stringent than the federal EPA, so CESQGs
should contact their implementing agency for additional
requirements.
 
How is non-debris material that is mixed with hazardous debris
regulated for land disposal restriction (LDR) purposes?
 
For LDR purposes, EPA classifies as debris any mixture where the
debris portion comprises the largest amount of material present
by volume, to be determined by visual inspection.  If the non-
debris material is separated from the debris prior to treatment
by a specified technology, the separated material is no longer
classified as debris.  If the separated material is a hazardous
waste, it is subject to the waste-specific treatment standards
(57 FR 37194, 37224; August 18, 1992).
 
Must universal waste handlers keep records of all universal waste
shipments?
 
A large quantity handler of universal waste must keep a record of
each shipment of universal waste received and sent and must
retain those records for at least three years (Section 273.39).
A small quantity handler of universal waste is not required to
keep records of shipments of universal waste (Section 273.19).
 
What is the Plug-In To eCycling Program?
 
The Plug-In To eCycling Program is a partnership program that is
part of EPA's Resource Conservation Challenge (RCC).  The purpose
of the Plug-In to eCycling program is to increase the safe
recycling of old consumer electronics by providing incentives to
manufacturers and retailers to provide more support for
electronics recycling.
 
Under 40 CFR Part 280, the definition of underground storage tank
(UST) excludes storm-water or wastewater collection systems.  Are
treatment systems included in the definition of collection
systems?
 
The collection of storm water and wastewater does not include
treatment except where incidental to conveyance.  A storm-water
or wastewater collection system is defined as all piping, pumps,
conduits, and any other equipment necessary to collect and
transport the flow of surface water runoff resulting from
precipitation or domestic, commercial, and industrial waste water
to and from detention areas or areas where treatment is
designated to occur (Section 280.12 and 53 

FR

37082
, 
37118

;
September 23, 1988).
 
Must CERCLA removal actions comply with all applicable or
relevant and appropriate requirements (ARARs)?
 
All fund-financed removal actions under CERCLA Sections 104 or
106 must, to the extent practicable, attain applicable or
relevant and appropriate requirements under federal or state
environmental laws.  In determining whether compliance with ARARs
is practicable, the lead agency will consider appropriate
factors, including the urgency of the situation and the scope of
the removal action (Section 300.415(j)).
 
 
CALL CENTER QUESTIONS AND ANSWERS
 
RCRA
 
1.  Identifying Generator Units on a Part A Permit Application
 
 An owner of a facility is preparing a RCRA permit application to
thermally treat hazardous waste generated on site.  Before
treating this waste, the facility accumulates the hazardous waste
on site for less than 90 days in containers and tanks in
compliance with 40 CFR Section 262.34.  Must the 90-day container
and tank accumulation units be included in Part A of the permit
application (EPA Form 8700-23)?
 
 Owners and operators seeking a RCRA permit are not specifically
required to identify permit-exempt generator accumulation units
in Part A of the permit application.  However, an owner or
operator of a facility may be required to identify the area as a
solid waste management unit (SWMU) under the requirements of
Section 270.14(d) in Part B of the permit application.  EPA
considers a SWMU to be "any discernible unit at which wastes have
been placed at any time, irrespective of whether the unit was
intended for the management of solid and hazardous waste.  Such
units include any area at a facility at which solid wastes have
been routinely and systematically released" (61 FR 19432, 19442;
May 1, 1996).  If a generator accumulation unit meets the
definition of a SWMU, the owner or operator is required to
identify the unit in Part B of the permit application.
 
 
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: Exención de los Residuos de Exploración y Producción de
Petróleo Crudo y Gas Natural de los Reglamentos Federales de
Residuos Peligrosos (Spanish - Exemption of Oil and Gas
Exploration and Production Wastes from Federal Hazardous Waste
Regulations)
PUBLICATION DATE: December 2003
EPA ORDER NO.: EPA530-K-01-004S
AVAILABILITY: Internet Only
URL: www.epa.gov/epaoswer/general/espanol/spoilgas.pdf
 
This publication is the Spanish translation of Exemption of Oil
and Gas Exploration and Production Wastes from Federal Hazardous
Waste Regulations (EPA530-K-01-004).  This document provides an
understanding of the exemption of certain oil and gas exploration
and production (E&P) wastes from regulation as hazardous wastes
under Subtitle C of the Resource Conservation and Recovery Act
(RCRA).  The information contained in this booklet includes a
basic background on the E&P exemption, basic rules for
determining the exempt or non-exempt status of wastes, examples
of exempt and non-exempt wastes, status of E&P waste mixtures,
and clarifications of several misunderstandings about the
exemption.
 
TITLE: States May Issue Permit Variances for Municipal Solid
Waste Landfills (Fact Sheet)
PUBLICATION DATE: March 2004
EPA ORDER NO.: EPA530-F-03-052
AVAILABILITY: Internet Only
URL: www.epa.gov/epaoswer/non-hw/muncpl/mswlficr/rd&d-fs.pdf
 
This fact sheet discusses EPA's proposed modifications to the
federal criteria for municipal solid waste landfills (MSWLF) to
allow EPA-approved states to issue research, development, and
demonstration (RD&D) permits to MSWLF.  The purpose of this
action is to stimulate the development and use of safe, new
alternative operational processes for disposal of municipal solid
waste in landfills.
 
TITLE: Moving Out, Moving In: Making Environmental Choices When
You Move PUBLICATION DATE: February 2004
EPA ORDER NO.: EPA530-K-04-002
AVAILABILITY: Internet Only
URL: www.epa.gov/epaoswer/aging/move.pdf
 
This document suggests environmentally safe alternatives to
throwing away unwanted possessions when moving out and ways to
purchase new items with the environment in mind when moving in.
It also discusses how to identify items for reuse, recycling, and
special disposal and suggests resources for more information
about donating goods, reuse and recycling, and buying recycled
goods.
 
UST
 
TITLE: Underground Storage Tanks: Building on the Past to Protect
the Future
PUBLICATION DATE: March 2004
EPA ORDER NO.: EPA510-R-04-001
AVAILABILITY: Internet Only
URL: www.epa.gov/oust/pubs/20annrpt.htm
 
This report describes how EPA, states, tribes, and industry have
successfully worked together to close 1.5 million unsafe tanks,
upgrade or replace nearly all other tanks, cleanup over 300,000
releases, and dramatically reduce the number of new releases.
The report also looks to future challenges such as cleaning up
the remaining 130,000 known releases, reusing abandoned gas
stations and petroleum brownfields sites, and improving
compliance to prevent new releases.
 
CERCLA
 
TITLE: Evapotranspiration Landfill Cover Systems Fact Sheet
PUBLICATION DATE: September 2003
EPA ORDER NO.: EPA540-F-03-015
AVAILABILITY: Internet Only
URL: www.epa.gov/superfund/new/evapo.pdf
 
This fact sheet discusses how alternative final cover systems,
such as evapotranspiration cover systems, are increasingly being
considered for use at waste disposal sites, including MSW and
hazardous waste landfills when equivalent performance to
conventional final cover systems can be demonstrated.
 
EPCRA
 
TITLE: Toxic Chemical Release Inventory Reporting Forms and
Instructions, Revised 2003 Version
PUBLICATION DATE: February 2004
EPA ORDER NO.: EPA260-B-04-001
AVAILABILITY: Internet Only
URL: www.epa.gov/tri/report/index.htm
 
This document provides general guidance on completing and
submitting the Form R and Form A under EPCRA Section 313.  FY
2003 reporting forms, included in this document, must be
submitted by July 1, 2004.
 
 
FEDERAL REGISTERS
 
Availability
You may order copies of all major RCRA, Superfund & EPCRA
Federal Registers by calling the Call Center.
 
RCRA, Superfund & EPCRA National Toll-Free No.: (800) 424-9346
Local: (703) 412-9810
TDD National Toll-Free No.: (800) 553-7672
Local TDD: (703) 412-3323
                                
Electronic Availability
 
Federal Registers from October 1994 to the present related to
the Call Center's program areas are accessible via the Internet
at: www.epa.gov/fedrgstr
 
For RCRA/UST and selected CERCLA Federal Registers, choose: Waste.
For selected EPCRA Federal Registers, choose: Toxic Release Inventory.
For CAA Section 112(r) Federal Registers, choose: Air.
                                
FINAL RULES
 
RCRA
 
"Delaware: Final Authorization of State Hazardous Waste
Management Program Revision"
March 5, 2004 (69 FR 10171)
 
 Delaware applied for final authorization of changes to its
hazardous waste program under RCRA Section 3006(b), 42 U.S.C.
6926(b).  EPA determined that these changes satisfy all
requirements needed to qualify for final authorization and
authorized the state's changes.  The final authorization becomes
effective on May 3, 2004, unless adverse comments are received by
April 5, 2004.
 
"Idaho: Final Authorization of State Hazardous Waste Management
Program Revision"
March 10, 2004 (69 FR 11322)
 
 Idaho applied for final authorization of changes to its
hazardous waste program under RCRA Section 3006(b), 42 U.S.C.
6926(b).  EPA determined that these changes satisfy all
requirements needed to qualify for final authorization and
authorized the state's changes.  The final authorization becomes
effective on March 10, 2004.
 
"Massachusetts: Final Authorization of State Hazardous Waste
Management Program Revisions; State-Specific Modification to
Federal Hazardous Waste Regulations, Pursuant to ECOS Program
Proposal; Extension of Site-Specific Regulations for New England
Universities' Laboratories XL Project"
March 12, 2004 (69 FR 11801)
 
 EPA finalized three distinct but related rules regarding
Massachusetts' hazardous waste program.  First, Massachusetts
applied for final approval of changes to its hazardous waste
program under RCRA Section 3006(b), 42 U.S.C. 6926(b).  EPA
determined that these changes satisfy all requirements needed to
qualify for final authorization and authorized the state's
changes.  Second, EPA modified the federal hazardous waste
regulations to allow for state-specific recycling provisions
pursuant to a proposal for flexibility submitted by the
Massachusetts Department of Environmental Protection under the
program established by the Joint EPA/State Agreement to Pursue
Regulatory Innovation.  Finally, EPA extended the expiration date
of site-specific regulations previously adopted by the Agency
under the eXcellence and Leadership program, allowing alternative
RCRA generator requirements to be followed for laboratories at
certain universities in Massachusetts and Vermont.  The effective
date of this rulemaking is March 12, 2003.
 
"Arizona: Final Authorization of State Hazardous Waste Management
Program Revisions"
March 17, 2004 (69 FR 12544)
 
 Arizona applied for final authorization of changes to its
hazardous waste program under RCRA Section 3006(b), 42 U.S.C.
6926(b).  EPA determined that these changes satisfy all
requirements needed to qualify for final authorization and
authorized the state's changes.  The final authorization becomes
effective on March 17, 2004.
 
"Research, Development, and Demonstration Permits for Municipal
Solid Waste Landfills"
March 22, 2004 (69 FR 13242)
 
 EPA revised the Criteria for MSWLF
 to allow states to issue RD&D permits for new and existing MSWLF
units and lateral expansions.  This final rule allows directors
of approved state programs to provide a variance from certain
MSWLF criteria, provided that MSWLF owners or operators
demonstrate that compliance with the RD&D permit will not
increase risk to human health and the environment over compliance
with a standard MSWLF permit.  The effective date of this
rulemaking is April 21, 2004.
 
"Underground Injection Control Program Hazardous Waste Disposal
Injection Restrictions Petition for Exemption--Class I Hazardous
Waste Injection Environmental Disposal Systems, Inc., Romulus,
MI"
March 25, 2004 (69 FR 15328)
 
 EPA granted an exemption from the LDR to underground injection
wells 1-12 and 2-12 drilled by Environmental Disposal Systems,
Inc. (EDS) in Romulus, Michigan.  EDS demonstrated with a
reasonable degree of certainty there will be no migration of
hazardous constituents from the injection zone for as long as the
waste remains hazardous.  The effective date of this rulemaking
is March 16, 2004
 
PROPOSED RULES
 
RCRA
 
"Delaware: Final Authorization of State Hazardous Waste
Management Program Revision"
March 5, 2004 (69 FR 10187)
 
 EPA proposed to grant final authorization to the hazardous waste
program revisions submitted by the State of Delaware.  EPA
authorized the state's program revisions as a direct final rule
without prior proposal in a final rule from the same date (69 FR
10171; March 5, 2004).  The direct final rule becomes effective
May 3, 2004, unless adverse comments are received by April 5,
2004.
 
"Hazardous Waste Management System; Proposed Exclusion for
Identification and Listing of Hazardous Waste"
March 19, 2004 (69 FR 12995)
 
EPA proposed to grant a petition submitted by General Electric
Company to exclude, on a one-time basis, a solid waste generated
by its Barcleoneta, Puerto Rico, facility from the lists of
hazardous wastes.  The petitioned waste would be excluded from
the requirements of hazardous waste regulations under RCRA.
Comments must be received by May 3, 2004.
 
CERCLA
 
"National Oil and Hazardous Substances Pollution Contingency
Plan; National Priorities List"
March 3, 2004 (69 FR 9988)
 
 EPA announced its intent to delete five areas of the West
Virginia Ordnance Works Site from the National Priorities List
(NPL).  Comments must be received by April 2, 2004.
 
"National Priorities List for Uncontrolled Hazardous Waste Sites,
Proposed Rule No. 40"
March 8, 2004 (69 FR 10646)
 
 EPA proposed to add eleven new sites to the NPL.  Comments must
be received by May 7, 2004.
 
"National Oil and Hazardous Substances Pollution Contingency
Plan; National Priorities List"
March 17, 2004 (69 FR 12604)
 
 EPA announced its intent to delete the Hooker-102nd Street Site
from the NPL.  Comments must be received by April 16, 2004.
 
"National Oil and Hazardous Substances Pollution Contingency
Plan; National Priorities List"
March 17, 2004 (69 FR 12606)
 
 EPA announced its intent to delete the Niagara County Refuse
Site from the NPL.  Comments must be received by April 16, 2004.
 
"National Oil and Hazardous Substances Pollution Contingency
Plan; National Priorities List"
March 17, 2004 (69 FR 12608)
 
 EPA announced its intent to delete the Love Canal Site from the
NPL.  Comments must be received by April 16, 2004.
 
NOTICES
 
RCRA
 
"Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Land Disposal Restrictions
(Renewal), EPA ICR Number 1442.18, OMB Control Number 2050-0085"
March 1, 2004 (69 FR 9616)
 
 EPA announced its plans to submit the following continuing
Information Collection Request (ICR) to the Office of Management
and Budget (OMB) for review and approval: "Land Disposal
Restrictions (Renewal)," ICR Number 1442.18, OMB Control Number
2050-0085.  The current expiration date for this ICR is February
29, 2004.  Comments must be received by March 31, 2004.
 
"Office of Solid Waste and Emergency Response; Announcement of
Listening Sessions"
March 2, 2004 (69 FR 9825)
 
 EPA announced the dates and locations of three meetings
concerning the placement of coal combustion byproducts in
coalmines, surface impoundments, and landfills.  The first
meeting will be held on March 23, 2004, in State College,
Pennsylvania; the second meeting is scheduled on April 13, 2004,
in Dallas Texas; and the third meeting is scheduled on April 22,
2004, in Vincennes, Indiana.
 
"Science Advisory Board (SAB) Staff Office; Notification of
Multiple Public Teleconference Meetings"
March 5, 2004 (69 FR 10230)
 
 EPA's Science Advisory Board (SAB) Staff Office announced that a
public teleconference call of the Multimedia, Multipathway, and
Multireceptor Risk Assessment Modeling System Panel will be held
on March 18, 2004.
 
"2004 RCRA National Corrective Action Conference"
March 10, 2004 (69 FR 11424)
 
 EPA announced that a RCRA Corrective Action Conference entitled
"Moving Towards Results Based-Facility Initiated Corrective
Action" will be held on May 11 through May 12, 2004.
 
"Approaches to an Integrated Framework for Management and
Disposal of Low-Activity Radioactive Waste: Request for Comment;
Extension of Comment Period"
March 12, 2004 (69 FR 11826)
 
 EPA extended the comment period for the proposed rule entitled
"Approaches to an Integrated Framework for Management and
Disposal of Low-Activity Radioactive Waste: Request for Comment"
(68 FR 65120; November 18, 2003).  Comments must be received by
May 17, 2004.  Comments received after May 17, 2004, will be
marked "late" and accepted at EPA's discretion.
 
CERCLA
 
"Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Conflict of Interest, Rule
1, EPA ICR Number 1550.06, OMB Control Number 2030-0023"
March 3, 2004 (69 FR 10029)
 
 EPA announced that the following ICR has been forwarded to OMB
for review and approval: "Conflict of Interest, Rule 1," ICR
Number 1550.06, OMB Control Number 2030-0023.  This ICR is a
request to renew an existing approved collection that is
scheduled to expire on February 29, 2004.  Comments must be
received by April 2, 2004.
 
EPCRA
 
"Agency Information Collection Activities: Proposed Collection;
Comment Request; CAMEO Software Usability Evaluation Survey"
March 12, 2004 (69 FR 11851)
 
 EPA announced its plans to submit the following ICR to OMB for
review and approval: "CAMEO Software Usability Evaluation
Survey," ICR Number 2132.01, OMB Control Number 2050.XXXX.
Comments must be received by May 11, 2004.
 
OPA
 
"Agency Information Collection Activities: Proposed Collection;
Comment Request; Renewal of Information Collection Request (ICR)
for the Implementation of the Oil Pollution Act Facility
Response Plan Requirements (40 CFR Part 112); EPA ICR Number
1630.08; OMB Control Number 2050-0135"
March 10, 2004 (69 FR 11422)
 
 EPA announced its plans to submit the following ICR to OMB for
review and approval: "Renewal of Information Collection Request
for the Implementation of the Oil Pollution Act Facility Response
Plan Requirements (40 CFR Part 112)," ICR Number 1630.08, OMB
Control Number 2050-0135.  The current expiration date for this
ICR is May 31, 2004.  Comments must be received by May 11, 2004.
 
SPCC
 
"Spill Prevention, Control, and Countermeasure (SPCC) Stakeholder
Meeting"
March 18, 2004 (69 FR 12804)
 
 EPA announced that a Spill Prevention, Control, and
Countermeasure (SPCC) stakeholder meeting will be held on March
31, 2004, to clarify the SPCC regulations and to facilitate
compliance with the deadline for revision and certification.
 
SETTLEMENTS AND CONSENT ORDERS
 
"Proposed Agreement; Broderick Wood Products Site, Sand Creek
Site, Chemical Sales Site, Woodbury Chemical Site, and Koppers
Site"
March 2, 2004 (69 FR 9826)
 
"Proposed Administrative Settlement; Northwest Oil Drain
Superfund Site"
March 3, 2004 (69 FR 10042)
 
"Consent Decree; United States v. Princeton Gamma-Tech, et al."
March 3, 2004 (69 FR 10061)
 
"Consent Decree; United States v. Reunion Industries, Inc."
March 3, 2004 (69 FR 10062)
 
"Consent Decree; United States v. Dan and Harriet Alexander, et
al."
March 11, 2004 (69 FR 11649)
 
"Consent Decree; United States v. Buckeye Egg Farm, L.P. et al."
March 11, 2004 (69 FR 11649)
 
"Consent Decree; United States v. Marvin Mahan, et al."
March 11, 2004 (69 FR 11650)
 
"Proposed Settlement Agreement; 

Chelsea

Creek

"
March 11, 2004 (69 FR 11650)
 
"Consent Decree; 
United States
et al. v. 
Adams
Family Trust, et al."
March 18, 2004 (69 FR 12866)
 
"Consent Decree; State of 
Kansas
v. 

Coffeyville

Resources
Refining & Marketing, LLC and 

Coffeyville

Resources Terminal"
March 18, 2004 (69 FR 12867)
 
"Consent Decree; 
United States
and the State of 

Indiana

v. Guide
Corporation and Crown EG, Inc."
March 18, 2004 (69 FR 12867)
 
"Consent Decree; 

United States

v. J.B. Stringfellow, Jr. et al."
March 18, 2004 (69 FR 12868)
 
"Proposed Administrative Settlement; Amber Oil Site"
March 23, 2004 (69 FR 13527)
 
"Settlement Agreement; Lees Former Impoundment Superfund Site"
March 24, 2004 (69 FR 13838)
 
"Consent Decree; 

United States

v. Atlantic Richfield Company,
Inc."
March 25, 2004 (69 FR 15380)
 
"Proposed Settlement Agreement; North Maybe, South Maybe, Champ,
and Mountain Fuel Mines"
March 26, 2004 (69 FR 15900)
 
"Settlement Agreement; Cedar Chemical Co. Site and 

Vicksburg

Chemical Corp. Site"
March 31, 2004 (69 FR 16957)
 

 

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