Monthly Hotline Report April 1993 RCRA/Superfund/OUST and Emergency Planning and Community Right-to-Know Act The RCRA/Superfund/OUST and Emergency Planning and Community Right-to-Know Act Monthly Hotline Report provides valuable OSWER programmatic information. This bulletin contains excerpts from the Report's "Questions and Answer" and "Publications" sections. The full report is available from the U.S. National Technical Information Service at 703-487-4650. For other information, please contact the RCRA/Superfund/OUST Hotline at 1-800-424-9346 or the Emergency Planning and Community Right-to-Know Act Hotline at 1-800-424-9346. EPA Report Number: EPA/530-R-93-004d NTIS Number: PB93-922404 Hotline Questions and Answers OUST 1. UST Financial Responsibility: Local Governments Local governments that own or operate underground storage tanks (USTs) are subject to the same financial responsibility requirements that apply to privately owned and operated USTs (40 CFR Part 280, Subpart H). What is the compliance date by which local governments must demonstrate financial responsibility? On October 26, 1988, EPA promulgated regulations creating a variety of mechanisms that owners and operators of USTs could use to demonstrate financial responsibility (53 FR 43322). The Agency realized, however, that some of the mechanisms (e.g., the corporate test of self-insurance) were not appropriate for use by local governments. As a result, the Agency developed a rule that would establish four additional mechanisms to help local governments comply. The Agency also extended the compliance date for local governments to demonstrate financial responsibility to one year after the promulgation of these four additional mechanisms (55 FR 46022). EPA published a final rule on February 18, 1993, which added a worksheet test, a bond rating test, a governmental guarantee, and a fund balance test to the allowable financial responsibility mechanisms (58 FR 9026). For purposes of calculating the compliance date, the mechanisms were considered promulgated as of the publication date, February 18, 1993. Local governments must therefore demonstrate financial responsibility by February 18, 1994, one year after the publication of the new mechanisms. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 2. Personal Use Exemption and Refrigerants Would toxic chemicals used as refrigerants in a facility's air conditioning unit be exempt from EPCRA Section 313 reporting under the personal use exemption (40 CFR Section 372.38(c)(3))? Yes, if the air conditioning unit is used solely for the purpose of maintaining employee comfort, the toxic chemicals used in the unit would be exempt from EPCRA Section 313 reporting under the personal use exemption. If, however, the air conditioning unit is integral to the facility's operation or activity (e.g., maintaining constant temperature and humidity for machinery or cold storage rooms), then the toxic chemicals used in the unit would not be exempted from EPCRA Section 313 reporting. 3. Maximum Quantity Reporting at Section 313 Establishments In Part II, Section 4.1 of the Form R, facilities must enter a range code indicating the maximum quantity of a toxic chemical on-site at any time during the reporting year. If a facility is reporting by establishment, should the quantity reported in Section 4.1 represent the maximum quantity at the establishment or the maximum quantity for the entire facility? If a Form R is being submitted for "part of a facility" (i.e., an establishment or group of establishments), the range code selected for the maximum amount of a toxic chemical on-site should be reflective of the establishment or group of establishments, not of the entire facility. 4. Radioactive Cobalt Must a facility consider the use of the radioactive cobalt metal Cobalt-60 (CAS number 10198-40-0) in its threshold calculations for cobalt (CAS number 7440-48-4)? Cobalt-60 with CAS number 10198-40-0 is not on the list of toxic chemicals under EPCRA Section 313. The listed toxic chemical is cobalt with CAS number 7440-48-4. As such, Cobalt-60 is not reportable under EPCRA Section 313. NEW PUBLICATIONS HOW TO ORDER NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Be sure to include the NTIS Order Number listed under the document. Hotline Publications are available through the RCRA/Superfund/ OUST Hotline by calling a Document Specialist at 1-800-424-9346. Be sure to include the EPA Order Number (if any) listed under the document. RCRA TITLE: "Petitions to Delist Hazardous Waste: A Guidance Manual; Second Edition" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-169 365 This guidance document was developed to assist facilities in preparing delisting petitions for the exclusion of listed hazardous wastes under Subpart D of 40 CFR Part 261. The manual provides general information on hazardous waste delisting, discusses sampling strategies and testing protocols in detail, and presents a step-by-step approach to compiling a complete delisting petition. This updated edition also incorporates recent changes in RCRA regulations, EPA policies, and delisting criteria. TITLE: "Markets for Recovered Glass" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-169 845 This study describes the operation of markets for post-consumer cullet, or crushed scrap glass. The document discusses what factors influence the supply and demand for these markets, what projections can be made about the markets, and how government policies to increase recycling might affect these markets. TITLE: "Summary of Markets for Recovered Glass" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-SW-93-071B This booklet summarizes the information presented in EPA's Markets for Recovered Glass. It provides an overview of current supply and demand factors and future market trends. TITLE: "Proceedings of the Seventh National U.S. EPA Conference on Household Hazardous Waste Management; December 8-12, 1992, Minneapolis, Minnesota" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-170 116 This report is a compendium of presentations made at the Seventh Annual Household Hazardous Waste Conference. The document covers issues such as source reduction, recycling, landfill, business and industry rules, new publications, and many others. The report also provides information on rates of generation as well as new methods of waste management. TITLE: "Criteria for Solid Waste Disposal Facilities: A Guide for Owners/Operators" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-SW-91-089 This document summarizes the provisions of EPA's municipal solid waste landfill criteria. Specifically, it discusses the major requirements of these regulations, who is required to comply and when, how the rule will be enforced, and where to obtain more information. The booklet is aimed primarily toward owners and operators of municipal solid waste landfills, but it is also useful to others who are responsible for implementing these regulations. TITLE: "Safer Disposal for Solid Waste: The Federal Regulations for Landfills" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-SW-91-092 This pamphlet outlines EPA's regulations for municipal solid waste landfills. It discusses location, operation, design, groundwater monitoring, corrective action, closure, post-closure care, and financial assurance. The document is geared toward the general public, and provides a list of contacts for more information. TITLE: "Fiscal Year 1994 RCRA Implementation Plan" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-93-009 This document defines the national policy, strategic goals, and priority activitites for the RCRA solid and hazardous waste program. Specifically, it addresses issues on the federal and state level that will be the focus in Fiscal Year 1994. CERCLA TITLE: "Smart Moves in Superfund--Regional Pilots and Initiatives" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 283 This issue of the "Smart Moves in Superfund" bulletin series highlights regional pilots and initiatives to streamline cleanups through the Superfund Accelerated Cleanup Model. Highlights described in this bulletin include the innovative approach six Regions are developing in the areas of enforcement and voluntary cleanups. TITLE: "Smart Moves in Superfund--Revitalization One Year Later" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 284 This issue of the "Smart Moves in Superfund" bulletin series provides an update on the revitalization effort. Highlights include Superfund National Priorities List construction completions, the Superfund Accelerated Cleanup Model, risk assessment/risk management, and interagency cooperation. TITLE: "Initiatives to Streamline the Alternative Remedial Contracting Strategy (ARCS) Contracts Award Fee Process" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 275 The purpose of this directive is to delineate changes to the Alternative Remedial Contracting Strategy award fee process. The goal of this change is to streamline the system for evaluating contractors' performance. TITLE: "Resources for Preparing Independent Government Estimates for Remedial Contracting Work Assignments" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 267 This memorandum provides information regarding the availability of tools, databases, and assistance for developing independent government estimates of the cost of work for remedial work assignments performed by contractors. TITLE: "Performance Tracking Under ARCS Contracts" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 276 The purpose of this memorandum is to request assistance in developing a method for reporting performance-based work allocation results under the Alternative Remedial Contracting Strategy that is less resource intensive. The memorandum has an attached draft form to transmit performance results to the Hazardous Site Control Division. TITLE: "Identification of a Senior Superfund Official for Addressing Special NPL Site-Related Issues" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 279 This directive outlines criteria that should be used by the senior Superfund official who is responsible for reviewing and addressing specific issues at NPL sites that cannot be resolved at the Regional level. Richard Guimond, in his capacity as National Superfund Director, will spearhead this effort. TITLE: "Amendment to Historical Definitions of NPL Deletion Start and Completion Dates" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 278 The purpose of this memorandum is to notify the regulated community of an amendment to two historical CERCLIS definitions. Specifically, this memo amends the definitions of the NPL deletion process start and completion dates in the Superfund Comprehensive Accomplishments Plan (SCAP) Manual of FY 1987, the Superfund Program Management Manual of FY 1988, and all other pre-FY 1989 guidance relevant to this aspect of the deletion process. TITLE: "Guidance on Program Management Activities Under ARCS" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 280 This directive addresses two of the six specific recommendations made by Administrator Reilly's Superfund task force: division of program management costs and development of guidance on cost management activities. TITLE: "Reassignment of CLP Transportation Functions" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 501 This directive announces that as of June 1, 1993, the Office of Emergency and Remedial Response is reassigning the responsibility to provide transportation for the Contract Laboratory Program sample coolers to the Regions and their support contractors. TITLE: "The 'SARA 200' Remedial Action Starts Requirement" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 324 This directive discusses the first 200 sites at which there was a remedial action started since the enactment of SARA in 1986. The objective of the directive is to change the start date for a remedial action from the contract award date to the date the contractor mobilizes on-site to commence substantial and continuous remediation. TITLE: "Permits and Permit 'Equivalency' Processes for CERCLA On-site Response Actions" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 325 This directive clarifies EPA policy with respect to attaining permits for activities at Superfund sites. Superfund response actions are exempt by law from the requirement to obtain permits for activities conducted completely on-site. EPA wants to ensure that all activities conducted on-site are protective of human health and the environment. It is not EPA's policy, however, to allow permit equivalency procedures to impact the progress or cost of Superfund site remediations. TITLE: "Use of Time and Materials and Cost Reimbursement Subcontracts for Remedial Actions Under the Alternative Remedial Contracting Strategy Contracts" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 282 This memorandum establishes EPA guidance on the use of time and materials and cost reimbursement contracts for remedial actions. It is also designed to provide specific instruction regarding the use of these approaches in subcontracting under Alternative Remedial Contracting Strategy contracts. TITLE: "Clarification of Delegation to Approve Consistency in Exemptions at NPL Sites" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 281 This directive clarifies Regional authority to approve exemptions from the $2 million statutory limit on Superfund removal actions. This petition will decrease the time required for processing exemptions and to allow Regions greater flexibility in determining how National Priorities List sites will be addressed. TITLE: "Specifications and Guidance for Contaminant-Free Sample Containers" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 316 This document provides a single source of standardized specifications and guidance on appropriate cleaning procedures for preparing contaminant-free containers that meet all Contract Laboratory Program (CLP) detection/quantification limits, including those for low- concentration analysis. TITLE: "Compendium of Good Ideas: Models of Success and Lessons Learned; Volume 1, Highlights" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 271 The "Compendium of Good Ideas" series, published by the Superfund Revitalization Office, is designed to increase the efficiency, effectiveness, and equity of the Superfund program. This volume describes measures undertaken in each Regional office to improve implementation of the Superfund program. TITLE: "Compendium of Good Ideas: Models of Success and Lessons Learned; Volume 2, Source Book" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 272 The "Compendium of Good Ideas" series, published by the Superfund Revitalization Office, is designed to increase the efficiency, effectiveness, and equity of the Superfund program. This volume is a reference document for all personnel involved in the implementation of Superfund. It contains numerous entries that provide the user with information about specific initiatives or activities undertaken in various EPA Regional offices. TITLE: "The Superfund Emergency Response Program: A Decade of Protecting Human Health and the Environment" AVAILABILITY: NTIS NTIS ORDER NO.: PR-941 This document describes EPA's Superfund emergency response program, which was established to give EPA a framework for acting quickly and decisively to protect the public and the environment from immediate threats. TITLE: "Report to Congress: Settlements With Municipal Waste Generators and Transporters Since 1991 Under CERCLA" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 604 This report to Congress summarizes the status of completed settlements and ongoing negotiations with generators and transporters of municipal solid waste and municipal sewage sludge under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 since 1991. This report was prepared in reponse to a request from the House of Representatives Committee on Appropriations. TITLE: "OSWER Integrated Health and Safety Standard Operating Practices " AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 401 This directive implements the new OSWER integrated health and safety standards operating practices in conjunction with the OSHA worker protection standards. This directive assists Branch Chiefs in their employee health and safety recordkeeping responsibilities. TITLE: "Superfund at Work -- Hazardous Waste Cleanup Efforts Nationwide (Triana Tennesee River)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 603 The "Superfund at Work" bulletin series profiles hazardous waste sites nationwide. This issue provides an overview of the cleanup at the Traina Tennessee River Site in Madison, Alabama. OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly Subscription PB93-922 400 530-R-93-004 January 1993 PB93-922 401 530-R-93-004a February 1993 PB93-922 402 530-R-93-004b March 1993 PB93-922 403 530-R-93-004c April 1993 PB93-922 404 530-R-93-004d The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics.