HOTLINE MONTHLY REPORT MAY 1994 HOTLINE QUESTIONS AND ANSWERS RCRA 1.Energy Recovery On-Site Constitutes Reuse for the Generator Processing Exemption A facility generates off-specification used oil that the used oil generator wants to burn on-site for energy recovery. The used oil generator filters the off-specification used oil in order to remove impurities. After filtering the used oil, the generator burns it in an on-site industrial furnace. Does the filtering activity meet the definition of processing in 279.1 and, therefore, subject the generator to the used oil processor standards in 40 CFR Part 279, Subpart F? While filtering can meet the definition of processing, used oil generators may filter, clean, or otherwise recondition their own used oil on-site for reuse on-site without meeting the processor requirements (59 FR 10560; March 4, 1994; 279.20(b)(2)(ii)(A)). The Agency believes that on-site energy recovery constitutes reuse for purposes of this provision. If, on the other hand, the generator filters the used oil for subsequent burning off-site, the generator would be subject to the processor requirements in Part 279, Subpart F. Under the generator processing exemptions in 279.20(b), EPA allows on-site but not off-site burning of used oil generated from on-site activities. This approach best enables the Agency to encourage beneficial on-site reuse and recycling activities that pose limited risks. At the same time, the Agency ensures that activities undertaken primarily to make used oil amenable for shipment to an off-site burner are regulated under the more stringent processor standards (59 FR 10556; March 4, 1994). CERCLA 2.Reportable Quantity Adjustments Under CERCLA and the CWA In CERCLA 102, Congress established reporting requirements for hazardous substances released to the environment, and directed EPA to assign and adjust their applicable reportable quantities. CERCLAþs definition of hazardous substance includes any substances designated pursuant to 311(b)(2)(A) of the CWA. A substance designated pursuant to the CWA is assigned a reportable quantity (RQ) based on aquatic toxicity criteria. This substance is automatically included as a CERCLA hazardous substance, with the CWA RQ serving as the CERCLA statutory RQ. To determine the final RQ, EPA evaluates the possibility of harm from a release of the hazardous substance, and may adjust the CERCLA RQ based on scientific and technical criteria including ignitability, reactivity, chronic toxicity, and potential carcinogenicity. The adjustment of a CERCLA RQ could potentially cause a conflict between the CERCLA and CWA reporting thresholds. How is this conflict resolved? When an RQ is adjusted under CERCLA the applicable RQ under the CWA is also adjusted so that the RQs under both programs are always consistent. In the April 4, 1985, final rule, EPA added specific regulatory language to the CWA regulations at 40 CFR 117.3 and the CERCLA regulations at 40 CFR 302.4 to ensure that RQs adjusted under CERCLA would be similarly adjusted for the CWA requirements (50 FR 13456, 13473). A release is reportable under CERCLA if an RQ of a hazardous substance is released to the environment within a twenty-four hour period. Reporting under the CWA is required when an RQ of a substance is released to navigable waters within a twenty-four hour period. Because þreleases to navigable watersþ is a subset of þreleases to the environmentþ (CERCLA 101(8)), different RQs would render notification requirements more confusing for the regulated community. EPA employs an RQ adjustment procedure to ensure that RQs are always consistent. An example of this procedure can be found in the rule that adjusted the reportable quantities (RQs) for lead metal, lead compounds, lead-containing hazardous wastes, and methyl isocyanate (58 FR 35314; June 30, 1993). Lead acetate, designated under CWA 311, received a CWA RQ of 5000 pounds. The 5000 pound RQ acted as the statutory CERCLA RQ until the June 30, 1993, rule adjusted it to 10 pounds (58 FR 35314). The 10 pound RQ is the final RQ for purpose of both CERCLA and CWA reporting. In the same rule, EPA adjusted the final CERCLA RQ for lead chloride. This substance had been evaluated using CERCLA criteria and received a final RQ of 100 pounds (51 FR 34535, 34542; September 29, 1986). New data on the chronic toxicity of lead, however, prompted EPA to readjust the RQ to 10 pounds. The same methodology for making RQs consistent between CERCLA and the CWA applies to this situation, so that the 10 pound RQ replaces the 100 pound RQ under both programs. When a hazardous substance is released to navigable waters, one report to the NRC will satisfy the reporting requirements of CERCLA and the CWA. EPCRA 3.Isomer Reporting Under EPCRA 313 Xylene is a chemical that can exist as three different isomers: ortho-, meta-, and para-xylene. A facility processes two of the three isomers in separate streams, along with an additional stream containing a mixture of xylene isomers of unknown concentrations. For the purposes of reporting under EPCRA 313, how would the facility determine if an activity threshold has been exceeded? How would the facility report the xylene on the Form R? The toxic chemical list at 40 CFR 372.65, contains four xylene listings (mixed isomers, ortho-, meta-, and para-xylene) which appear with their own CAS number. The CAS number specified for xylene (mixed isomers), 1330-20-7, apply to any combination of xylene isomers. The facility must make separate threshold determinations for each individual chemical list of 372.65. If the thresholds are not exceeded for any of the individual xylene listings of 372.65, then the facility would not have to report on any releases of xylene at the facility. For example, if the facility processes, in separate streams, 10,000 pounds of ortho- xylene (CAS number 95-47-6), 10,000 pounds of para-xylene (CAS number 106-42-3), and 10,000 pounds of xylene where the isomers are mixed in unknown concentrations (CAS number 1330-20-7), a threshold is not exceeded for any of the xylene listings. Therefore, no reports for xylene would be required. The quantities of the individual xylene listings processed by the facility should not be aggregated for the purposes of making threshold determinations. If the thresholds are exceeded for two or more of the individual isomer xylene listings, the facility has two choices when filling out the Form R. According to the Toxic Chemical Release Inventory Questions and Answers, the facility may file separate Form Rs for each isomer or unique isomer mixture listed in 372.65, or the facility may file one combined report. For example, the facility processes, in separate streams, 30,000 pounds of ortho-xylene (CAS number 95-47-6), 30,000 pounds of para-xylene (CAS number 106-42-3), and 30,000 pounds of xylene where the isomers are mixed in unknown concentrations. Because the activity threshold for each of the three xylene listings is exceeded independently, the facility can report releases from each of three listings separately on three different Form Rs (one for ortho-xylene, one for para-xylene, and one for the mixed isomers) or the facility can report all xylene releases on one Form R as xylene (mixed isomers). NEW PUBLICATIONS NTIS Publications are available by calling (703) 487-4650, 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/UST, Superfund, and EPCRA National Toll-Free Nos.: 800-424-9346 or 800-424-9346 Local: 703-412-9810 RCRA TITLE: "Catalogue of Hazardous and Solid Waste Publications: Seventh Edition" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-93-002 The catalogue provides document numbers, titles, dates, summaries, and ordering information for publications pertaining to RCRA. The information in the catalogue is current through December 1993 and only the documents that are frequently requested are included. The catalogue includes a new section, Electronic Media. TITLE: "Native American Network" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-N-94-002 This quarterly newsletter focuses on RCRA issues relevant to Native Americans. The spring/summer 1994 issue contains information about the EPA/VISTA Alaska Project which is a two- year pilot project addressing solid waste management issues in Alaska. The newsletter also discusses proper disposal methods for household hazardous waste, summarizes three municipal solid waste videos, and introduces the 1994 International Hazardous Materials Spills Conference to be held in Buffalo, New York. TITLE: "Environmental Fact Sheet: EPA Proposes Comprehensive Procurement Guideline" AVAILABILITY: Hotline EPA ORDER NO.:EPA530-F-94-015 This fact sheet discusses a new proposed rule concerning federal procurement of products containing recovered materials. Under the provisions of 6002 of RCRA, government agencies are encouraged to purchase items with recycled content, which is intended to stimulate markets for recycled products. EPA is required to designate items that can be made with recovered materials and to recommend practices for procuring these items. This fact sheet outlines EPA's proposal to designate 21 new items which should be purchased with the highest attainable percentage of recycled content, and briefly identifies the four components of an affirmative procurement program. TITLE: "Municipal Solid Waste Landfill Permit Programs: A Primer for Tribes" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-K-94-001 This booklet provides an overview of the MSWLF permit program in order to help tribes decide whether it would be appropriate to develop and operate such a program. More specifically, it describes the advantages, discusses options for development, summarizes EPA's requirements, and outlines the process for applying for permit program approval. TITLE: "Draft Hazardous Waste Minimization and Combustion Strategy" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-D-94-002 This document provides an overview of EPA's Draft Waste Minimization and Combustion Strategy, and discusses how to implement source reduction and the waste combustion permitting procedures. It outlines the goals and objectives of the project, provides a series of short and long-term actions to achieve these goals, and provides an overview of the implementation of the draft strategy since May 1993. TITLE: "Environmental Fact Sheet: More Public Participation in RCRA Permitting Process Proposed" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-94-014 This fact sheet announces EPA's issuance of a proposed rule pertaining to public participation in RCRA and revisions to the permitting process for combustion facilities. As part of the implementation of the Draft Waste Minimization and Combustion Strategy, EPA is proposing to expand public participation opportunities and to require interim status combustion facilities to adhere to stricter standards. TITLE: "Executive Summary: Combustion Emissions Technical Resources Document (CETRED)" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-S-94-014 In the Draft Combustion Emissions Technical Resource Document (CETRED), EPA's technical analysis of emissions from certain types of devices that burn hazardous waste is summarized. TITLE: "Combustion Emissions Technical Resource Document (CETRED)" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-94-014 CETRED contains EPA's initial technical analysis of emissions from certain types of devices that burn hazardous waste. This effort is the preliminary step in the development of upgraded standards governing emissions from hazardous waste combustors. The document contains a detailed review of thermal processes and equipment used to combust hazardous waste, characterization of emission levels, and the techniques used to control emissions. CETRED can be regarded as a preliminary technical analysis of certain hazardous waste combustors and their emissions, and is intended to be used as guidance in the approaches used to establish technology based standards and the emission levels representative of best operation practices. TITLE: "Draft RCRA Hazardous Waste Minimization National Plan" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-D-94-001 This draft document outlines EPA's plan for reducing the amount and toxicity of hazardous waste generated nationally. It sets forth the goals and objectives of this project, and provides a discussion of specific mechanisms EPA is considering in achieving the goal of pollution prevention. It also outlines the general method for developing a RCRA waste minimization strategy. TITLE: "Summary of Draft RCRA Hazardous Waste Minimization National Plan" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-S-94-002 This document provides an outline of specific components of the Draft RCRA Hazardous Waste Minimization National Plan and discusses how to implement EPA's goal of waste minimization. UST TITLE: "Doing It Right II: Installing Required UST Equipment- Video" AVAILABILITY: Environmental Media Center (800) 552-0362 This video is a companion to Doing It Right: Proper Installation of Underground Storage Tanks and Piping. The original video was produced before EPA published federal rules requiring equipment to prevent pollution, detect leaks, and protect groundwater. This new video focuses on the installation of overfill prevention equipment, spill containment devices, observation wells, and piping leak detection systems. CERCLA TITLE: "Conducting Non-Time-Critical Removal Actions Under CERCLA" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 422 Non-time-critical removal actions are conducted at Superfund sites when the lead agency determines that a removal action is appropriate, and a planning period of at least six months is available before on-site activities must begin. This factsheet summarizes a document entitled Guidance on Conducting Non-Time- Critical Removal Actions Under CERCLA, (OSWER Directive 9360.0- 32), which describes the essential components of the non-time- critical removal action process with particular emphasis on the Engineering Evaluation/Cost Analysis (EE/CA). The guidance is to be used in conjunction with EPA's Emergency Response Division (ERD) Superfund Removal Procedures (SRP) manual. TITLE: "Superfund Technical Assistance Grant (TAG) Handbook: The Application Forms with Instructions" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 353 This application package includes a blank Technical Assistance Grant (TAG) application form along with detailed instructions on the form's completion. The purpose of the TAG program is to provide funds to citizen's groups affected by a Superfund site so that they may hire independent technical advisors to help interpret and comment on site-related information. The package focuses on the successful completion of the form and other pertinent documents necessary to obtain a TAG. TITLE: "U.S. EPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 502 This document is designed to provide guidance on the Contract Lab Program's (CLP) inorganic analytical data evaluation and review procedures. The data review process provides information on analytical limitations of data based on specific quality control (QC) criteria. This document is intended to assist in the technical review of data only, not in the determination of contract compliance. TITLE: "Progress Toward Implementing Superfund Fiscal Year 1991: Report to Congress" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 234 As required under CERCLA 301(h), the Agency published its annual report on response activities and accomplishments. Included in the report is a comparison between remedial and enforcement activities undertaken in FY91 with those activities occurring in previous fiscal years. In addition to providing an overall perspective on the program's progress in the past fiscal year, the report contains an abstract of each Record of Decision (ROD) that was signed in FY91; a report on the status of remedial actions, including enforcement activities; and an evaluation of newly developed feasible and achievable treatment technologies. TITLE: "Emergency Responders Agreements for Fund-Lead Remedial Actions" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 418 Local responders are often called upon to provide emergency support during remedial actions by Superfund program contractors. In order to ensure proper compliance with Hazardous Waste Operations and Emergency Response (HAZWOPER) standards, EPA may enter into an agreement with local responders for Emergency Response Services. This factsheet further discusses the importance of an Emergency Responders Agreement and provides a sample agreement form. EPCRA TITLE: "Toxic Chemical Release Inventory Reporting Form R and Instructions: Revised 1993 Version" AVAILABILITY: Hotline EPA ORDER NO.: EPA745-K-94-001 Manufacturing facilities that met employee and activity thresholds in 1993 must file the Toxic Release Inventory Reporting Form R by July 1, 1994. The reporting package contains an instruction book, computer diskettes for magnetic media submissions, and the Form R. TITLE: "Toxics Release Inventory: List of Toxic Chemicals" AVAILABILITY: Hotline EPA ORDER NO.: EPA745-B-94-001 On December 1, 1993, EPA added 32 new chemicals and 2 chemical categories to the Toxic Chemical List. This document lists all of the toxic chemicals alphabetically and by CAS number. TITLE: "Issues and Concerns for the Definitions and Guidance for the Requirements of 6607 of the Pollution Prevention Act; Summary of Discussion of the Toxics Data Reporting Subcommittee of the National Advisory Council for Environmental Policy and Technology" AVAILABILITY: Hotline EPA ORDER NO.: NA Section 6607 of the Pollution Prevention Act of 1990 (PPA) mandated additional data elements be added to the Form R. The Toxics Data Reporting (TDR) Subcommittee of NACEPT addressed EPA's implementation of these data elements. This paper provides a summary of the TDR Subcommittee's issues and concerns raised during their meetings on this topic. TITLE: "The Emergency Planning and Community Right-to-Know Act: Section 313 Release Reporting Requirements" AVAILABILITY: Hotline EPA ORDER NO.: EPA700-K-94-001 Manufacturing facilities that meet employee and activity thresholds must file annually the Toxic Release Inventory Reporting Form R. This brochure describes in detail which facilities and chemicals are covered by the EPCRA 313 reporting requirements. The pamphlet contains the list of toxic chemicals, EPA regional contacts, and the list of covered Standard Industrial Classification codes. OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly Subscription PB94-922 400 530-R-94-005 January 1994 PB94-922 401 530-R-94-005a February 1994PB 94-922 402 530-R-94-005b March 1994 PB94-922 403 530-R-94-005c April 1994 PB94-922 404 530-R-94-005d May 1994 PB94-922 405 530-R-94-005e The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics. The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from CLU-IN at (301) 589- 8366. FEDERAL REGISTERS FINAL RULES RCRA "Nevada; Final Authorization of Revisions to State Hazardous Waste Management Program" May 27, 1994 (59 FR 27472) EPA intends to approve Nevada's hazardous waste program revisions under RCRA. Final authorization will be effective June 27, 1994, unless EPA publishes a prior action withdrawing this immediate final rule. Comments must be received on or before July 26, 1994. CERCLA "National Priorities List (NPL) for Uncontrolled Hazardous Waste Sites" May 31, 1994 (59 FR 27989) EPA announced the addition of 42 new sites to the NPL, 18 to the General Superfund Section and 24 to the Federal Facilities Section. This rule is effective June 30, 1994. PROPOSED RULES RCRA "Identification and Listing of Hazardous Waste; Organobromine Production Waste" May 11, 1994 (59 FR 24530) EPA proposed to amend RCRA regulations by listing as hazardous waste solids and filter cartridges from the production of 2,4,6- tribromophenol. The Agency also proposed to add 2,4,6- tribromophenol to the list of commercial chemical products that are hazardous wastes when discarded. Comments must be submitted on or before July 11, 1994. CERCLA/DOI "Natural Resource Damage Assessments" May 4, 1994 (59 FR 23098) DOI proposed revisions of the CERCLA regulations for assessing natural resource damages resulting from a discharge of a hazardous substance as well as the Clean Water Act regulations for assessing natural resource damages resulting from a discharge of oil. Comments must be received on or before July 7, 1994. NOTICES RCRA "Land Disposal Restrictions Exemption: Hoechst Celanese Engineering Resins, Inc." May 2, 1994 (59 FR 22614) EPA granted a reissuance of an exemption to the RCRA land disposal restrictions to Hoechst Celanese Engineering Resins, Inc. (HCER), of Bishop, Texas, for the operation of Class I injection wells. HCER has demonstrated that there will be no migration of hazardous constituents from the injection zone of the wells. This action is effective April 22, 1994. "Land Disposal Restrictions Exemption; ARCO Chemicals" May 2, 1994 (59 FR 22614) EPA granted a reissuance of an exemption to the RCRA land disposal restrictions to ARCO Chemicals, of Channelview, Texas, for the operation of Class I injection wells. ARCO Chemicals has demonstrated that there will be no migration of hazardous constituents from the injection zone of the wells. This action is effective April 22, 1994. "Massachusetts; Adequacy Determination of State/Tribal Municipal Solid Waste Landfill Permit Program" May 5, 1994 (59 FR 23202) Pursuant to RCRA 4005(c)(1)(C), EPA gave notice of a tentative determination, public hearing, and public comment period concerning the adequacy of Massachusetts' municipal solid waste landfill permit program. The public hearing is scheduled for June 20, 1994. Comments must be received on or before June 4, 1994. "Consent Decree; Hawaiian Western Steel, Inc." May 5, 1994 (59 FR 23232) A Consent Decree in United States v. Hawaiian Western Steel, Inc. was lodged with the U.S. District Court for the District of Hawaii on April 22, 1994. The decree requires the defendants to pay $700,000 for RCRA violations, and to undergo specified corrective action. Comments will be received for a period of 30 days from the date of publication. "Groundwater Monitoring at Municipal Solid Waste Landfills (MSWLFs); Public Meetings" May 9, 1994 (59 FR 23857) EPA announced a series of four public, one-day meetings on alternatives for groundwater monitoring at small, dry/remote MSWLFs. The first meeting is scheduled for June 8, 1994, in Salt Lake City, Utah. "Campo Band of Mission Indians; Adequacy Determination of State/Tribal Municipal Solid Waste Permit Program" May 11, 1994 (59 FR 24422) Pursuant to RCRA 4005(c)(1)(C), EPA gave notice of a tentative determination, public hearing, and public comment period concerning the adequacy of the Campo Band of Mission Indians' municipal solid waste landfill permit program. The public hearing is scheduled for June 30, 1994. Comments must be received on or before July 14, 1994. "Waste Analysis Plans (WAP) Guidance Manual; Notice of Availability" May 16, 1994 (59 FR 25455) EPA announced a revision of the October 1984 Waste Analysis Plan Guidance Manual. The manual is designed to assist the regulated community, permit writers, and enforcement officials by establishing criteria to properly evaluate and prepare RCRA waste analysis plans. "Land Disposal Restrictions (LDR); Clarification of the Dilution Prohibition and Combustion of Inorganic Metal-Bearing Hazardous Wastes" May 27, 1994 (59 FR 27546) EPA announced the availability of a memorandum setting out EPA's policy on the application of the LDR dilution prohibition to the combustion of inorganic metal-bearing hazardous wastes. Copies of the memorandum may be obtained by calling or visiting the RCRA Docket at EPA Headquarters. "Land Disposal Restrictions Exemption; Sterling Chemicals" May 31, 1994 (59 FR 28077) EPA granted a reissuance of an exemption to the RCRA land disposal restrictions to Sterling Chemicals, of Texas City, Texas, for the operation of Class I injection wells. Sterling Chemicals has demonstrated that there will be no migration of hazardous constituents from the injection zone of the wells. This action is effective May 13, 1994. RCRA/CERCLA/OSHA "Lead Subcommittee; Public Meeting" May 2, 1994 (59 FR 22615) EPA gave notice of a meeting of the Lead Subcommittee of the National Advisory Council for Environmental Policy and Technology to be held on May 11, 1994. The subcommittee will discuss final draft working papers on selected topics, which will be used as background for the subcommittee's report. CERCLA "National Priorities List; Bioclinical Laboratories Site" May 9, 1994 (59 FR 23819) EPA intends to delete the Bioclinical Laboratories Site in Bohemia, New York, from the National Priorities List. This action is being taken because Superfund Remedial Activities have been completed and no further action is appropriate. Comments must be submitted on or before May 9, 1994. "Consent Decree; New Castle Abandoned Container Site" May 9, 1994 (59 FR 23898) A Consent Decree in United States v. Nashua Corporation, et al., was lodged with the U.S. District Court for the District of Delaware on April 13, 1994. The decree requires the defendant to reimburse EPA $300,000 for costs incurred in connection with the New Castle Abandoned Container Site in New Castle, Delaware. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; Firestone Tire and Rubber Co. Site" May 16, 1994 (59 FR 25504) A Consent Decree in United States v. Bridgestone/Firestone, Inc., et al., was lodged with the U.S. District Court for the middle district of Georgia on April 25, 1994. The decree requires the defendants to reimburse EPA $348,333 for costs incurred in response to the Firestone Tire and Rubber Co. Site in Albany, Georgia. Comments will be received for a period of 30 days from the date of publication. "Proposed Settlement; D. L. Mud, Inc. Site" May 17, 1994 (59 FR 25643) EPA proposed to enter into a settlement under CERCLA 122(h). The settlement requires the defendants to pay EPA for costs incurred in connection with the D. L. Mud, Inc. Site in Vermilion Parish, Louisiana. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; Donald Distler" May 18, 1994 (59 FR 25960) A Consent Decree in United States v. Donald Distler was lodged with the U.S. District Court for the Western District of Kentucky on April 26, 1994. The decree requires the defendants to reimburse EPA for costs incurred in connection with several sites in Hardin and Jefferson Counties in Kentucky. Comments will be received for a period of 30 days from the date of publication. "Modification of Consent Decree; Mill Creek Site" May 18, 1994 (59 FR 26321) A Modification of Partial Consent Decree in United States v. Atlantic Richfield Company was lodged with the U.S. District Court for the District of Montana on May 3, 1994. The modification would allow ARCO to convey certain property to the Anaconda-Deer Lodge County prior to completion of remediation of the Mill Creek Operable Unit. Comments will be received for a period of 30 days from the date of publication. "Modification of Consent Decree; Ottati and Goss/Great Lakes Construction Corporation Site" May 19, 1994 (59 FR 26322) A Modification of Partial Consent Decree in United States v. Ottati and Goss, et al., was lodged with the U.S. District Court for the District of New Hampshire on May 10, 1994. The modification requires the Mobil Oil Corporation to reimburse EPA $10,000 for costs incurred with the Ottati and Goss/Great Lakes Construction Site in Kingston, New Hampshire. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; Wyckoff/Eagle Harbor Site" May 25, 1994 (59 FR 27032) A Consent Decree in United States v. Pacific Sound Resources, et al., was lodged with U.S. District Court for the Western District of Washington on May 5, 1994. The decree requires the defendants to reimburse EPA for costs incurred in connection with the Wyckoff/Eagle Harbor Site in Seattle, Washington. Comments will be received for a period of 30 days from the date of publication. "Proposed Settlement; Forge Road Industrial Park Site" May 26, 1994 (59 FR 27273) EPA proposed to enter into an administrative settlement under CERCLA 122(i). The settlement requires the defendant to reimburse EPA $32,000 for costs incurred in connection with the Forge Road Industrial Park Site in Canon City, Colorado. Comments must be submitted on or before June 27, 1994. "Consent Decree; Bunker Hill Site" May 27, 1994 (59 FR 27579) A Consent Decree in United States v. ASARCO, Inc., et al., was lodged with the U.S. District Court for the District of Idaho on May 10, 1994. The decree requires the defendants to reimburse EPA for costs incurred in connection with the Bunker Hill Site in Shoshone County, Idaho. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; NIES Site" May 27, 1994 (59 FR 27580) A Consent Decree in United States v. Chemical Waste Management of Kansas, Inc., was lodged with the U.S. District Court for the District of Kansas on April 18, 1994. The decree requires the defendant to reimburse EPA for costs incurred in connection with the NIES Site in Sedgwick County, Kansas. Comments will be received for a period of 30 days from the date of publication. "Consent Decree; Wedzeb Site" May 27, 1994 (59 FR 27580) A Consent Decree in United States v. Wedzeb Enterprises, Inc., et al., was lodged with the U.S. District Court for the Southern District of Indiana on May 12, 1994. The decree requires the defendants to reimburse EPA $2.1 million for costs incurred in connection with the Wedzeb Site in Lebanon, Indiana. Comments will be received for a period of 30 days from the date of publication. "Proposed Agreement and Covenant Not to Sue; Anaconda Smelter Site" May 31, 1994 (59 FR 28077) EPA proposed to enter into an Agreement and Covenant Not to Sue under CERCLA 106 and 107. The settlement requires the purchasers to implement the Anaconda-Deer Lodge Development system and perform operations and maintenance as the contractor of the responsible party. Comments will be received for a period of 30 days from the date of publication. "Proposed Settlement; Garner Road Dump Site" May 31, 1994 (59 FR 28078) EPA proposed to enter into a settlement under CERCLA 122(h). The settlement requires the settling parties to reimburse EPA for costs incurred in connection with the Garner Road Dump Site in Cordova, Alabama. Comments will be received for a period of 30 days from the date of publication. CERCLA/CAA "Consent Decree; Olin Corporation" May 5, 1994 (59 FR 23233) A Consent Decree in United States v. Olin Corporation was lodged with the U.S. District Court for the Eastern District of Tennessee on April 21, 1994. The decree requires the defendant to pay a civil penalty of $1,000,000 for CAA and CERCLA violations. Comments will be received for a period of 30 days from the date of publication. CERCLA/IRS "Tax on Certain Imported Substances; Notice of Determination" May 27, 1994 (59 FR 27652) The Internal Revenue Service announced that the list of taxable substances at 4672(a)(3) of the Internal Revenue Code will be modified to include benzoic di-n-hexyl adipate, ortho- dichlorobenzene, and para-dichlorobenzene. This modification is retroactive, effective October 1, 1990. "Tax on Certain Imported Substances; Notice of Determination" May 27, 1994 (59 FR 27653) The Internal Revenue Service announced that the list of taxable substances at 4672(a)(3) will be modified to include epichlorohydrin and allyl chloride. This modification is retroactive, effective October 1, 1992. "Tax on Certain Imported Substances; Notice of Determination" May 27, 1994 (59 FR 27653) The Internal Revenue Service announced that the list of taxable substances at 4672(a)(3) will be modified to include para- nitrophenol, ortho-nitrochlorobenzene, and para-nitrobenzene. This modification is retroactive, effective July 1, 1990. "Tax on Certain Imported Substances; Filing of Petition" May 27, 1994 (59 FR 27654) The Internal Revenue Service announced the acceptance of a petition requesting that texanol benzyl phthalate be added to the list of taxable substances under 4672(a)(3) of the Internal Revenue Code. Comments must be received on or before July 26, 1994. OUST "Massachusetts; Approved of State Underground Storage Tank (UST) Program" May 17, 1994 (59 FR 25588) EPA intends to approve Massachusetts' UST program in lieu of the federal UST program. A public hearing is scheduled for June 30, 1994. Comments must be submitted on or before June 30, 1994. EPCRA "Forum on State and Tribal Toxics Action (FOSTTA); Open Meeting" May 27, 1994 (59 FR 27547) FOSTTA will hold two public meetings on June 13 and 14, 1994, in Alexandria, Virginia. The meetings will address the Toxic Release Inventory Project, the State and Tribal Enhancement Project, the Chemical Management Project, and the Lead Project. CALL STATISTICS RCRA Special Wastes Ash 20 Mining Wastes, Bevill 18 Medical Wastes 81 Oil and Gas 7 Subtitle C (General) 432 Hazardous Waste Id. (General) 1,512 Toxicity Characteristic 146 Wood Preserving 19 Listing of Used Oil 67 Fluff 1 Radioactive Mixed Waste 18 Delisting Petitions 22 Hazardous Waste Recycling 227 Generators 707 Small Quantity Generators 190 Transportation/Transporters 116 TSDFs General 290 TSDFs Siting Facilities 9 TSDFs Capacity 11 TSDFs Treatment 95 TSDFs Burning 99 TSDFs Storage 72 TSDFs Disposal 67 Land Disposal Restrictions 497 Permits and Permitting 115 Corrective Action 222 Financial Liability/Enforcement 121 Test Methods 118 Health Effects 19 Waste Min./Pollution Prevention 209 State Programs 93 Hazardous Waste Data 35 Household Hazardous Waste 164 Subtitle D (General) 631 Siting Facilities 14 Combustion 55 Industrial Waste 8 Composting 20 Source Reduction/Poll. Prev. 32 Grants & Financing 5 Procurement (General) 104 Building Insulation 4 Cement & Products with Fly Ash 3 Paper & Paper Products 5 Re-refined Lubricating Oil 2 Retread Tires 6 Solid Waste Recycling (General) 367 Aluminum 9 Batteries 37 Glass 8 Paper 19 Plastics 39 Tires 20 Used Oil 171 Markets (General) 7 Aluminum 3 Batteries 4 Compost 15 Glass 3 Paper 3 Plastics 2 Tires 12 Used Oil 16 RCRA General 1,891 TOTAL 9,334* UST General/Misc. 184 Applicability/Definitions 111 Regulated Substances 27 Standards for New Tank Systems 41 Tank Standards and Upgrading 26 Operating Requirements 33 Release Detection 80 Release Reporting & Investigation 18 Corrective Action for USTs 108 Out-of-Service/Closure 52 Financial Responsibility 49 State Programs 31 Liability/Enforcement 19 LUST Trust Fund 12 TOTAL 791* * Includes 324 UST document requests. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions 538 Trade Secrets 4 Enforcement 30 Liability/Citizen Suits 3 Training 71 Chemical-Specific Information Emergency Planning (301-303): General 122 Notification Requirements 56 SERC/LEPC Issues 30 EHSs/TPQs 41 Risk Communication/ Hazards Analysis 31 Exemptions 8 Emergency Release Notification (304): General 119 Notification Requirements 96 Reportable Quantities 104 CERCLA 103 vs. SARA 304 58 ARIP/AHEDB/ERNS 5 Exemptions 18 Hazardous Chemical Reporting (311-312): General 94 MSDS Reporting Requirements 66 Tier I/II Requirements 110 Thresholds 35 Hazard Categories 7 Mixtures Reporting 8 Exemptions 48 Toxic Chemical Release Inventory (313): General 1,196 Reporting Requirements 623 Thresholds 551 Form R Completion 1,958 Supplier Notification 28 NOTEs/NONs 10 Voluntary Revisions 54 Pollution Prevention 33/5072 Public Access to Data 180 TRI Database 77 Petitions 50 TRI Expansion 88 Exemptions 300 Special Topics: CAA 112 General 85 RMPs 77 List of Regulated Substances 152 Federal Facilities Executive Order 105 TOTAL 7,386 *Includes 1,556 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. 227 Access & Information Gathering 31 Administrative Record 14 ARARs 75 CERCLIS 138 Citizen Suits 3 Claims Against Fund 17 Clean-Up Costs 28 Clean-Up Standards 64 Community Relations 40 Contract Lab Program (CLP) 20 Contractor Indemnification 5 Contracts 20 Definitions 25 Enforcement 42 Federal Facilities 22 Hazardous Substances 126 HRS 27 Liability 66 Local Gov't Reimbursement 4 Natural Resource Damages 8 NCP 36 Notification 86 NPL 240 Off Site Policy 21 OSHA 6 PA/SI 29 PRPs 25 RD/RA 34 Reauthorization 34 Remedial 91 Removal 43 RI/FS 40 Risk Assess./Health Effects 73 ROD 43 RQ263 SACM 12 Settlements 39 SITE Program 36 State Participation 6 State Program 8 TAGs 13 Taxes 5 Special Topics Oil Pollution Act 72 SPCC Regulations 10 Radiation Site Cleanup 82 TOTAL 2,349* *Includes 791 Superfund document requests. TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 21,623