MONTHLY HOTLINE REPORT April 1996 EPA530-R-96-002d SUB-9224-96-004 MONTHLY HOTLINE REPORT AVAILABILITY Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board at (301) 589-8366. The complete text of the 1993, 1994, and 1995 Monthly Hotline Reports may be accessed via the Internet using a gopher. From the EPA Core Server at gopher.epa.gov, follow this pathway: EPA Offices & Regions --> Office of Solid Waste & Emergency Response --> OSW (RCRA) --> RCRA: General --> RCRA/UST, Superfund & EPCRA Hotline Reports. The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. * To subscribe to the Hotline electronic mailing list send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINE_OSWER JOHN SMITH * To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224 January 1996 SUB-9224-96-001 February 1996 SUB-9224-96-002 March 1996 SUB-9224-96-003 April 1996 SUB-9224-96-004 RCRA Docket EPA and state personnel can order the Monthly Hotline Report from the RCRA Docket at (703) 603-9230. The order number for the 1996 yearly subscription is EPA530-R-96-001. HOTLINE QUESTIONS AND ANSWERS RCRA 1. Frequently Asked Questions on Hazardous Waste Generator Requirements May large quantity generators (LQGs) and small quantity generators (SQGs) treat hazardous waste on site without obtaining a permit or interim status? EPA has consistently maintained that a permit or interim status is not required if a LQG or SQG treats hazardous waste in accumulation units such as tanks or containers that are in full compliance with the requirements of 40 CFR Section 262.34 and the special unit-specific requirements found in Part 265 (March 24, 1986; 51 FR 10146, 10168). This treatment must be completed within the specified regulatory time limitations. Must SQGs submit a Biennial Report for their hazardous waste management activities? No, SQGs (generators of greater than 100 kg but less than 1,000 kg in a calendar month) are subject only to the reporting requirements listed in 40 CFR Section 262.44. The Biennial Report regulation at 40 CFR Section 262.41 is not specifically listed in that section. The 40 CFR Part 262 regulations, Standards Applicable to Generators, do not mention conditionally exempt small quantity generators (CESQGs). Where are the CESQG regulations found? Unlike the LQG and SQG regulations that are found throughout Part 262, the CESQG requirements are found in Section 261.5. CESQGs are those generators who produce less than or equal to 100 kg of hazardous waste, less than or equal to 1 kg of acute hazardous waste, or less than or equal to 100 kg of spill residue of acute hazardous waste per calendar month. Must generators preparing an off-site shipment of hazardous waste list the EPA waste codes on the manifest? EPA manifest regulations at 40 CFR Section 262.20 and Appendix to Part 262 do not require generators to list EPA waste codes on the manifest. The shaded space provided on the manifest for EPA waste codes is for the convenience of state agencies, as some states may require EPA waste codes to be listed on a manifest (40 CFR Section 271.10(h)). The Department of Transportation (DOT) regulations may, however, require listing EPA waste codes as part of the DOT description (40 CFR Section 179.203 (k)(4)). UST 2. UST Financial Responsibility: Use of the Guarantee When the Guarantor is Not U.S.-based Owners and operators of petroleum underground storage tanks (USTs) are required to demonstrate financial responsibility using one of the mechanisms in 40 CFR Part 280, Subpart H. The use of a corporate guarantee, which allows an owner or operator to secure a guarantee from another firm, is an allowable mechanism (Section 280.96). To act as a guarantor, the firm must either posses a controlling interest in the owner or operator, be controlled through stock ownership by a common parent firm possessing a controlling interest in the owner or operator, or have a substantial business relationship with the owner or operator (Section 280.96(a)). If a foreign company meets one of these criteria, can the company qualify as a guarantor for a company based in the U.S.? Any company can qualify as a guarantor if the company passes either of the two options for the financial test requirements of the guarantee. The guarantor may fulfill either the UST financial test of self-insurance requirements (Section 280.95(b)), or a modified version of the requirements of the treatment, storage, and disposal facility (TSDF) financial test for liability coverage as described in Section 280.95(c). The first option for passing the financial test, under Section 280.95(b), requires the guarantor to demonstrate a tangible net worth of at least $10 million and have a tangible net worth of at least 10 times the amount of aggregate and liability coverage required. The guarantor must also file financial statements annually with the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Electrification Administration; or report annually the firm s tangible net worth to Dun and Bradstreet and have been assigned a financial strength rating of 4A or 5A. If the company s year-end financial statements are independently audited, they cannot include an adverse auditor s opinion, a disclaimer of opinion, or a going concern qualification. The company s chief financial officer must also provide a signed letter verifying the information required above (Section 280.95(d)). Companies have a second option of passing the financial test under Section 280.95(c). This financial test criteria requires the guarantor to have a tangible net worth of at least $10 million, tangible net worth of at least six times the amount of liability coverage required, and assets in the U.S. amounting to at least 90 percent of their total assets or at least six times the required liability amount. The guarantor must also have either a net working capital of at least six times the amount of liability coverage required or have a bond rating AAA, AA, A, or BBB from Standard and Poor s, or a bond rating of Aaa, Aa, A, or Baa as issued by Moody s. The company s year-end financial statements must be examined by an independent certified public accountant. The company s chief financial officer must also provide a signed letter verifying the information required above and the company must meet a few other requirements of Section 280.95 to ensure the information is accurate and complete. As long as the foreign company passes one of the financial tests described above, the company may qualify as a guarantor. CERCLA 3. Brownfields Pilots: Funding Goals and Limitations As part of the Brownfields Economic Redevelopment Initiative, EPA is awarding 50 grants of up to $200,000 each to selected states, towns, counties, U.S. Territories, and Indian Tribes for the two-year funding of brownfields demonstration pilots. EPA is funding the brownfields pilots with money from the Hazardous Substances Superfund under the authority of CERCLA Section 104(d)(1). Under this section, EPA may enter into cooperative agreements with eligible states, political subdivisions, territories, or Indian Tribes. Through these agreements, EPA may authorize these political entities to undertake response and investigation activities at Superfund sites. Once the cooperative agreements have been established, what types of activities will the brownfields grants support? Has the Agency placed any limits on the potential uses of the grant moneys? Brownfields funding is limited to pre-cleanup environmental activities at sites where there is an actual or threatened release of a hazardous substance, pollutant, or contaminant. Allowable pre-cleanup activities include site assessments, site identifications, site characterizations, site remediation planning and design, and outreach efforts directed toward generating more effective stakeholder involvement in these activities. The CERCLA Section 104 restrictions on EPA s use of funding apply to brownfields pilot grant recipients as well. Consequently, brownfields pilot funds may not be used for, for example, the assessment, identification, characterization, or remediation of petroleum contamination. CERCLA funds may only be used to address hazardous substances, pollutants, and contaminants, which are defined to exclude petroleum. CERCLA regulations also prohibit the use of EPA funds to match any other federal funds. Brownfields pilot funds may be used to develop creative financing solutions (e.g., tax schemes, revolving loan funds) for the environmental activities described above; however, federal grant funds may not be used for capitalizing or fund- raising purposes. Finally, included in the restrictions traditionally placed on CERCLA Section 104 funding, EPA has specified that brownfields grant recipients may not use pilot funds for job training or to support their own lobbying efforts. EPCRA 4. EPCRA Section 313 Article Exemption: Materials Recognizable as Articles A manufacturing facility produces neon signs by bending leaded glass tubing. The facility uses enough tubing annually to process in excess of 25,000 pounds of lead, an EPCRA Section 313 toxic chemical. EPCRA Section 313 provides an exemption for chemicals present in the form of an article (40 CFR Section 372.38(b)) To qualify as an article, a material must be formed to a specific shape, have its end use dependent in whole or in part upon that shape, and not release a toxic chemical under normal conditions of use (Section 372.3). When signs are formed from glass tubing, the diameter of the tubes remains unchanged and lead is not released during the heating or bending process, qualifying the tubes for the article exemption. If a discrete number of glass tubes are broken and discarded during the year, under what circumstances would disposal of the broken tubes constitute a release that negates the article exemption, and how would the facility calculate the amount of lead used in their operation? Disposal of the glass does not necessarily constitute a release which automatically negates the article exemption. Materials that remain recognizable as articles upon disposal are still exempt if they continue to meet the definition of an article in Section 372.3. For the tubing to meet the definition of an article when discarded, the diameter of the tubing must remain intact and unchanged. As a result, shards of glass no longer qualify as articles, while cracked sections of tubing continue to be exempt as articles. Only the shattered glass that is not recognizable as the original tubing loses the article exemption. When calculating the quantity of lead used in its process, the facility only must count the lead present in shattered tubing toward the EPCRA Section 313 processing threshold and in subsequent release determinations. 5. Reporting Evaporative Losses of Ammonia Under EPCRA Section 313 EPCRA Section 313 requires certain manufacturing and federal facilities to report annually on releases and transfers of toxic chemicals, and source reduction and recycling activities associated with those chemicals. A manufacturing facility subject to EPCRA Section 313 processes an aqueous ammonia solution from water-dissociable ammonium salts in tanks and open vats. Evaporative losses occur at several points during processing. Are these evaporative losses considered releases of aqueous ammonia or anhydrous ammonia for purposes of EPCRA Section 313 reporting? Evaporation and drying losses from aqueous ammonia solutions result in the release of anhydrous ammonia, which is 100 percent reportable under the EPCRA Section 313 ammonia listing. Although EPA modified the ammonia listing on June 30, 1995 (60 FR 34172), the modification only limits the quantity of aqueous ammonia that is reportable. The modification does not apply to anhydrous ammonia, which remains 100 percent reportable. Facility owners or operators must still include all anhydrous ammonia manufactured, processed, or otherwise used at a covered facility in threshold determinations and release reporting. Anhydrous ammonia generated through the evaporation or drying of aqueous ammonia solutions derived from water-dissociable ammonium salts or other sources must be counted toward the applicable activity threshold. For example, if a facility processes aqueous ammonia, it has processed 100 percent of the aqueous ammonia in that solution. If the ammonia stays in solution, then 10 percent of the total aqueous ammonia is counted toward thresholds. If there are any evaporative losses of anhydrous ammonia, then 100 percent of those losses must be counted toward the processing threshold. If the manufacturing, processing, or otherwise use thresholds for the ammonia listing are exceeded, the facility must report 100 percent of these evaporative losses in Sections 5 and 8 of the Form R. NEW PUBLICATIONS How to order... 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 No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No: (800) 553-7672 EPA's fax-on-demand service distributes selected publications noted by a "faxback" number. To order these documents, from your fax machine dial (202) 651-2060 and follow the instructions provided by the voice prompt, using the "faxback" number noted. Please call the Hotline for detailed instructions on using the fax-on-demand service. EPA Documents Available on the Internet You may access certain documents electronically by using one of these servers: ftp: ftp.epa.gov Documents on the ftp server are located under: ftp.epa.gov/pub/gopher/ Gopher: gopher.epa.gov Documents on the Gopher server may be located by using the on-line search functions. World Wide Web (WWW): http://www.epa.gov Documents on the WWW server may be located by using the on- line search functions. RCRA TITLE: Environmental Fact Sheet: Hazardous Waste Identification Rule for Contaminated Media (HWIR-Media) Proposed Rule AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-010 FAXBACK NO.: 30014 This fact sheet provides an overview of EPA s proposed rule which would set exit criteria for contaminated media and other cleanup- related wastes. Media with contamination below the proposed bright line levels would be eligible to exit Subtitle C; media above these levels would remain subject to amended flexible RCRA requirements. TITLE: Environmental Fact Sheet: Agency Requests Comment on Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-009 This fact sheet summarizes the Federal Register notice requesting comments and suggestions from facilities with corrective action experience. Topics about which comments were requested include the July 1990 proposed corrective rule, and general implementation of the corrective action program. TITLE: Characterization of Municipal Solid Waste in the United States: 1995 Update AVAILABILITY: NTIS NTIS ORDER NO.: PB96-152 160 This document discusses the quantities and types of solid waste generated in 1994. It notes trends in municipal solid waste generation and management in the United States from 1960 to the present and gives future projections. TITLE: Environmental Fact Sheet: Proposed Procedures and Criteria for Determining Adequacy of State/Tribal Municipal Solid Waste Landfill Permitting Programs AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-95-007 This fact sheet discusses the requirements for public involvement during the municipal solid waste landfill permitting process. It also describes the advantage of flexibility that a state or tribe will obtain with approval of their permitting program. TITLE: Environmental Fact Sheet: State/Tribal Implementation Rule (STIR) AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-95-028 FAXBACK NO.: 30006 This fact sheet provides a summary of the January 26, 1996 (61 FR 2583), proposed State/Tribal Implementation Rule and discusses the different regulatory options for tribes, ranging from complete EPA control to a self-regulated program. It describes the approval criteria for tribal municipal solid waste landfill permitting programs and outlines EPA s evaluation process. The fact sheet also lists the components necessary for a complete program application. TITLE: Environmental Fact Sheet: Waste Minimization National Plan AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-95-026 This fact sheet provides a summary of the November 1994 Waste Minimization National Plan, EPA530-R-94-045. It discusses the goals and targets of the plan, and offers implementation suggestions to the regulated community. TITLE: Environmental Fact Sheet: How to Access the RCRA Information Center AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-001 FAXBACK NO.: 30011 This document describes the RCRA Information Center (RCRA Docket) and outlines different ways the regulated community may obtain information regarding hazardous and solid waste. This updates a 1992 document with the same title (EPA530-F-92-005). TITLE: Environmental Fact Sheet: RCRA Expanded Public Participation Rule AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-95-030 FAXBACK NO.: 30010 This fact sheet provides a summary of the RCRA Expanded Public Participation Rule published December 11, 1995 (60 FR 63417). It discusses the rule s applicability to various aspects of RCRA and outlines opportunities for increased public involvement in the RCRA process. CERCLA TITLE: Fiscal Year 1995 Superfund Reforms Semiannual Report; February - December 1995 AVAILABILITY: Hotline EPA ORDER NO.: N/A This document reports on the second of three sets of Superfund reforms launched by EPA since 1993. The reforms to Superfund are intended to address criticisms raised by affected parties and to improve the pace, cost, and fairness of the program. As indicated in this report, substantial progress has been made toward implementing the second round of innovative reform measures. TITLE: Final Report of the Federal Facilities Environmental Restoration Dialogue Committee; Consensus Principles and Recommendations for Improving Federal Facilities Cleanup AVAILABILITY: Hotline EPA ORDER NO.: N/A The principles and recommendations in this final report build on the Committee s 1993 Interim Report recommendations and provide a basic framework to address the complex issues arising from environmental contamination at federal facilities. This framework includes maintaining community involvement programs, establishing stakeholder advisory boards, setting priorities and allocating funding shortfalls, and building the capacity of all those involved in federal facility cleanup decisions to more effectively participate in those decisions. EPCRA TITLE: 1996 International Hazardous Materials Spills Conference Preliminary Agenda and Registration Form AVAILABILITY: Hotline EPA ORDER NO.: N/A This document is the agenda to the 1996 International Hazardous Materials Spills Conference. It contains information about who should attend the conference and opportunities for exhibitors. It lists the specific dates and times of the preliminary activities planned at the conference, as well as brief summaries of the topics to be presented. Also included in the document is registration and hotel information, and a conference registration form. FEDERAL REGISTERS Federal Register Availability You may order copies of all major RCRA, UST, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA/UST, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Electronic Availability Federal Registers from October 1994 to the present related to the Hotline s program areas are accessible via modem or Internet on EPA s Public Access Servers. The servers are accessible at: World Wide Web: http://www.epa.gov Gopher: gopher.epa.gov FTP: ftp.epa.gov Modem: (919) 558-0335 The Federal Registers are organized by date. After accessing the Gopher or World Wide Web server, make the following selections to reach the Federal Register information: To access RCRA/UST and CERCLA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Waste Information The access EPCRA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Toxic Release Inventory FINAL RULES RCRA Land Disposal Restrictions Phase III Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners April 8, 1996 (61 FR 15565) EPA promulgated LDR treatment standards for hazardous wastes from the production of carbamate pesticides and primary aluminum production. The Agency also amended the treatment standards for hazardous wastes that exhibit the characteristic of reactivity. In addition, the rule created treatment standards for decharacterized wastewaters that are managed in land-based Clean Water Act (CWA), CWA-equivalent, or Class I Safe Drinking Water Act (SDWA) systems. In accordance with the Land Disposal Program Flexibility Act of 1996, however, the Agency promulgated a concurrent rulemaking (61 FR 15660) that withdraws the treatment standards applicable to decharacterized wastes managed in these CWA, CWA-equivalent, and SDWA systems (see below). Finally, EPA codified its enforcement policy stating that combustion of inorganic wastes is an impermissible form of treatment because hazardous constituents are being diluted rather than effectively treated. Land Disposal Restrictions Phase III; Final Rule and Partial Withdrawal and Amendment of Final Rule April 8, 1996 (61 FR 15660) EPA incorporated the provisions of the Land Disposal Program Flexibility Act (LDPFA) of 1996 into the Phase III rule by amending and/or withdrawing portions of the regulations that were superseded by the new legislation. The LDPFA provided that characteristic wastes treated in CWA, CWA-equivalent, or SDWA systems are no longer prohibited from land disposal once they do not exhibit a characteristic of hazardous waste. The amendment/withdrawal of these standards does not affect any other part of the final rule. Furthermore, EPA amended parts of the LDR Phase II final rule (59 FR 47982; September 19, 1994) which were also overruled by the legislation. These provisions are effective on April 8, 1996. Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision April 12, 1996 (61 FR 16289) EPA identified RCRA wastes subject to a graduated system (green, amber, red) of procedural and substantive controls when exported and imported for recovery among OECD countries. These requirements apply only to U.S. exporters and importers of RCRA hazardous wastes destined for recovery in OECD countries (except for Canada and Mexico; waste shipments to and from these countries will continue to move under the current bilateral agreements and regulations). This rule is effective July 11, 1996. Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion April 24, 1996 (61 FR 18088) EPA granted a petition submitted by Bethlehem Steel Corporation (BSC), Lackawanna, New York, to exclude, on a one-time basis, certain solid wastes contained in a landfill from being listed hazardous wastes. The Agency has concluded that BSC s petitioned waste will not adversely affect human health and the environment. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under Subtitle C of RCRA. This exclusion is effective as of April 24, 1996. Alabama; Final Authorization of Revisions to State Hazardous Waste Management Program April 25, 1996 (61 FR 18281) Final State Authorization North Carolina; Final Authorization of Revisions to State Hazardous Waste Management Program April 25, 1996 (61 FR 18284) Final State Authorization Solid Waste Programs; Removal of Legally Obsolete Guidelines April 26, 1996 (61 FR 18501) In response to the President s Regulatory Reform Initiative, the Environmental Protection Agency (EPA) has conducted a review of the regulations it administers and has identified the guidelines pertaining to solid waste management as obsolete. These guidelines, which are being removed from the Code of Federal Regulations (CFR) today, are no longer necessary because they have been addressed by more recent regulations. This final rule takes effect on April 26, 1996. CERCLA National Priorities List; Folkertsma Refuse Superfund Site April 10, 1996 (61 FR 15902) EPA announced the deletion of the Folkertsma Refuse Site, located in Walker, Michigan, from the National Priorities List. The Agency published a notice of its intent to delete the site on January 29, 1996 (61 FR 2772). EPA and the State of Michigan have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment. National Priorities List; Lee s Lane Superfund Site April 25, 1996 (61 FR 18287) EPA announced the deletion of the Lee s Lane Site, located in Louisville, Kentucky, from the National Priorities List. The Agency published a notice of its intent to delete the site on May 16, 1988 (53 FR 17228), and published a revised notice on February 14, 1992 (57 FR 5410). EPA and the Commonwealth of Kentucky have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment. National Priorities List; Kummer Sanitary Landfill Superfund Site April 26, 1996 (61 FR 18507) EPA announced the deletion of the Kummer Sanitary Landfill Site, located in Beltrami County, Minnesota, from the National Priorities List. The Agency published a notice of its intent to delete the site on March 1, 1996 (61 FR 8012). EPA and the State of Minnesota have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment. National Priorities List; Gallaway Pits Superfund Site April 29, 1996 (61 FR 18683) EPA announced the deletion of the Gallaway Pits Site, located in Fayette County, Tennessee, from the National Priorities List. The Agency published a notice of its intent to delete the site on February 22, 1996 (61 FR 6807). EPA and the State of Tennessee have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment. National Priorities List; 29th and Mead Ground Water Contamination Superfund Site April 29, 1996 (61 FR 18684) EPA announced the deletion of the 29th and Mead Ground Water Contamination Site, located in Wichita, Kansas, from the National Priorities List. The Agency published a notice of its intent to delete the site on January 31, 1996 (61 FR 3365). EPA and the State of Kansas have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment. National Priorities List; Amnicola Dump Superfund Site April 30, 1996 (61 FR 18968) EPA announced the deletion of the Amnicola Dump Site, located in Chattanooga, Tennessee, from the National Priorities List. The Agency published a notice of its intent to delete the site on February 22, 1996 (61 FR 6806). EPA and the State of Tennessee have determined that no further cleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment. PROPOSED RULES RCRA Identification and Listing of Hazardous Waste; Proposed Exclusion April 3, 1996 (61 FR 14696) EPA proposed to grant United Technologies Automotive s (UTA) petition to conditionally exclude certain solid waste generated by chemical stabilization of lagoon sludge at the Highway 61 Industrial Site in Memphis, Tennessee. The Agency also proposed to use two methods to evaluate the potential impact of the petitioned waste on human health and the environment: (1) the EPA Composite Model for Landfills (EPACML) fate and transport model; and (2) the generic delisting levels for nonwastewater residues generated from the treatment of F006 by high temperature metal recovery. Comments will be accepted until May 20, 1996. Revised Standards for Hazardous Waste Combustors April 19, 1996 (61 FR 17357) Under joint authority of the CAA and RCRA, EPA proposed revised standards for hazardous waste incinerators, hazardous waste- burning cement kilns, and hazardous waste-burning lightweight aggregate kilns. The standards limit emissions of chlorinated dioxins and furans, other toxic organic compounds, toxic metals, hydrochloric acid, chlorine gas, and particulate matter. These standards reflect the performance of Maximum Achievable Control Technologies (MACT) as specified by the Clean Air Act. The nature of this proposal also requires that the following actions be proposed: proposing the addition of hazardous waste-burning lightweight aggregate kilns to the list of source categories in accordance with Section 112(c)(5) of the Act; exempting from RCRA emission controls secondary lead facilities subject to MACT; considering an exclusion for certain comparable fuels ; and revising the small quantity burner exemption under the BIF rule. EPA will accept public comments on this proposed rule until June 18, 1996. CERCLA National Priorities List; Washington County Landfill Superfund Site April 1, 1996 (61 FR 14280) Notice of Intent to Delete National Priorities List; RSR Corporation Superfund Site April 11, 1996 (61 FR 16068) Notice of Intent for Partial Deletion National Priorities List; Liquid Gold Corporation Superfund Site April 12, 1996 (61 FR 16234) Notice of Intent to Delete CAA Proposed Amendments; List of Regulated Substances and Thresholds for Accidental Release Prevention April 15, 1996 (61 FR 16598) EPA announced several proposed modifications to the final rule listing regulated substances and threshold quantities under Section 112(r) of the Clean Air Act as amended (59 FR 4478; January 31, 1994). EPA proposed to delete the category of Division 1.1 explosives (as listed by DOT) from the list of regulated substances, and to provide an exemption from threshold quantity determinations for regulated flammable substances in gasoline used as fuel and in naturally occurring pre-processed hydrocarbon mixtures. EPA also proposed a clarification of the provision for threshold determination for flammable substances in mixtures, as well as clarification of the definition of stationary source and the transportation exemption. Additional language is proposed to clarify that the provisions of CAA Section 112(r) do not apply to sources located on the Outer Continental Shelf. EPA will accept written comments regarding the proposed amendments on or before May 15, 1996. Proposed Stay of Effectiveness; List of Regulated Substances and Thresholds for Accidental Release Prevention April 15, 1996 (61 FR 16606) EPA proposed to stay the effectiveness of provisions that are potentially affected by the proposed List Rule Amendments (61 FR 16606; April 15, 1996). Under the proposed stay, owners and operators of processes and sources that the proposed amendments would exempt from the Section 112(r) Risk Management Program requirements would not become subject to those provisions until EPA has determined whether to proceed with the proposed amendments. Comments will be accepted on or before May 15, 1996. NOTICES RCRA RCRA Public Participation Bibliography April 10, 1996 (61 FR 15942) EPA solicited entries for a bibliography of publications that are relevant to public participation in RCRA permitting. EPA will accept entries on or before May 10, 1996. Agency Information Collection Activities: National Hazardous Waste Constituent Survey April 15, 1996 (61 FR 16484) EPA announced that it is conducting the National Hazardous Waste Constituent Survey. The voluntary survey is designed to collect information on the presence and concentration of chemical constituents, particularly metals and organics, in hazardous waste management facilities waste streams. The information collected through this survey will provide valuable information for future RCRA regulatory initiatives, such as the Hazardous Waste Identification Rule process waste rulemaking. Organic Air Emission Standards for Hazardous Waste Tanks, Surface Impoundments, and Containers; Notice of Data Availability April 23, 1996 (61 FR 17863) EPA announced the availability of additional data it considered in amending the air emission standards for hazardous waste treatment, storage, and disposal facilities (59 FR 62896; December 6, 1994). This Notice of Data Availability addresses the appropriateness of certain thermal treatment facilities subject to regulation under Subpart P of Part 265 being eligible to receive spent activated carbon which is a hazardous waste. The additional data are available for public inspection at the EPA RCRA Docket. Comments on these additional data will be accepted through May 7, 1996. Mixed Waste Enforcement Policy Extension April 26, 1996 (61 FR 18588) EPA announced a limited extension of its policy (56 FR 42730; August 29, 1991) on civil enforcement of the LDR storage prohibition at facilities which generate mixed waste regulated under both RCRA and the Atomic Energy Act. This action renews the August 1991 policy for an additional two year period for certain mixed wastes, based on EPA s determination that treatment technology and disposal capacity for these mixed wastes are still not available. Land Disposal Restrictions Phase III Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners April 30, 1996 (61 FR 19117) In the LDR Phase III rule (61 FR 15660; April 8, 1996), on page 15660, in the third column, under EFFECTIVE DATE: April 5, 1996 should read April 8, 1996. Land Disposal Restrictions Phase III Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners April 30, 1996 (61 FR 19117) In the LDR Phase III rule (61 FR 15566; April 8, 1996), on page 15566, in the first column, in the penultimate line: July 1, 1996 should read July 8, 1996. In addition, on page 15599, in the third column, in Section 268.39(c), in the first line: July 8, 1996 should read January 8, 1997. CERCLA Federal Facilities Environmental Restoration Dialogue Committee Final Report; Notice of Availability April 16, 1996 (61 FR 16632) EPA announced the public availability of the Final Report of the Federal Facilities Environmental Restoration Dialogue Committee, dated April 1996. The report presents consensus principles and recommendations for improving federal facilities cleanup. CERCLA/ATSDR Revised Priority List of Hazardous Substances for Toxicological Profiles; Notice of Availability April 16, 1996 (61 FR 16632) ATSDR and EPA have developed and are making available a revised CERCLA Priority List of 275 Hazardous Substances, which includes newly listed substances that have been determined to pose the most significant potential threat to human health at or around NPL sites. Each substance on the priority list is a candidate to become the subject of a toxicological profile prepared by ATSDR. EPCRA EPCRA Section 313 Reporting Requirements; Notice of Training Workshops April 22, 1996 (61 FR 17700) EPA announced a series of three-day training courses on the Emergency Planning and Community Right-to-Know Act of 1986. The training courses focus on the Section 313 Toxic Chemical Release Inventory reporting requirements. Cross-Program Proposed Guidelines for Carcinogen Risk Assessment April 23, 1996 (61 FR 17960) EPA published a document entitled Proposed Guidelines for Carcinogen Risk Assessment in the Federal Register. The proposed guidelines are a revision of EPA s 1986 Guidelines for Carcinogen Risk Assessment published on September 24, 1986 (51 FR 33992). The proposed guidelines are being made available for a 120-day public review and comment period. Comments musts be postmarked by August 21, 1996. Settlements and Consent Decrees Proposed Administrative Agreement on Consent; XXKEM Company Superfund Site April 2, 1996 (61 FR 14572) Proposed Partial Consent Decree; Byron Salvage Superfund Site April 2, 1996 (61 FR 14579) Proposed Consent Decree; Doepke Holliday Superfund Site April 2, 1996 (61 FR 14580) Proposed Consent Decree; Hastings Ground Water Contamination Superfund Site April 3, 1996 (61 FR 14810) Proposed Partial Consent Decree; Operating Industries, Inc., Superfund Site April 3, 1996 (61 FR 14810) Proposed Consent Decree; Municipal & Industrial Disposal Company Superfund Site April 4, 1996 (61 FR 15117) Proposed Administrative De Minimis Settlement; C&D Recycling Superfund Site April 5, 1996 (61 FR 15257) Proposed Partial Consent Decree; Warwick Superfund Site April 8, 1996 (61 FR 15518) Proposed Prospective Purchaser Agreement; D.C. Franche Site April 9, 1996 (61 FR 15802) Proposed De Minimis Administrative Order on Consent; Bohaty Drum Superfund Site April 9, 1996 (61 FR 15802) Proposed Consent Decrees; Elkhart River Solvent Release Superfund Site April 12, 1996 (61 FR 16267) Consent Decree; Keystone Landfill Superfund Site April 25, 1996 (61 FR 18411) Proposed Consent Decree; Cambridge Plating Company, Inc. RCRA Site April 25, 1996 (61 FR 18411) Proposed Consent Decree; Four City Architectural Metals, Inc. RCRA Site April 25, 1996 (61 FR 18412) Proposed Prospective Purchaser Agreement; Fields Brook Superfund Site April 26, 1996 (61 FR 18595) Proposed Administrative Settlement; Chemical Commodities, Inc., Superfund Site April 29, 1996 (61 FR 18729) Proposed Administrative Settlement; Chemical Commodities, Inc., Superfund Site April 29, 1996 (61 FR 18730) CALL ANALYSIS Caller Profile RCRA/UST Hotline Regulated Community 4,483 Citizens 177 State & Local Govt./Native American 206 Federal Agencies 121 Educational Institutions 122 EPA 101 Media 6 Interest Groups 13 Congress 3 International 1 Other 97 Referrals* 255 Transfers to EPCRA/Superfund Hotline* 142 Document Retrieval Line* 123 Message Retrieval Line* 1,227 TOTAL NUMBER OF CALLERS 7,077 *No caller profile data available Emergency Planning and Community Right-to-Know Act/Superfund Hotline Manufacturers Food/Tobacco 70 Textiles 17 Apparel 3 Lumber & Wood 11 Furniture 17 Paper 16 Printing & Publishing 11 Chemicals 163 Petroleum & Coal 39 Rubber and Plastics 15 Leather 2 Stone, Clay & Glass 5 Primary Metals 28 Fabricated Metals 49 Machinery (Excluding Electrical) 13 Electrical & Electronic Equipment 12 Transportation Equipment 11 Instruments 6 Misc. Manufacturing 251 Subtotal 739 Consultants/Engineers 2,632 Attorneys 301 Citizens 212 Public Interest Groups 31 Educational Institutions 61 EPA 56 Federal Agencies 59 GOCOs 6 Congress 3 State Officials/SERC 85 Local Officials/LEPCs 71 Fire Departments 10 Hospitals/Laboratories 59 Trade Associations 9 Union/Labor 2 Farmers 7 Distributors 56 Insurance Companies 3 Media/Press 7 Native Americans 2 International 0 Other 193 Referrals* 371 Transfers to RCRA/UST Hotline* 410 Document Retrieval Line* 0 Message Retrieval Line* 501 TOTAL NUMBER OF CALLERS 5,886 HOTLINE TOPICS RCRA RCRA GENERAL 1,173 SUBTITLE C Hazardous Waste Id. - General 1,586(1) Characteristics 660(1) Listings 350(1) Mixture Rule 117 Derived-From 78 Contained-In Policy 322(1) Sampling 57 Solid and Hazardous Waste Exclusions 220 Radioactive Mixed Waste 31 Delisting Petions 51 Definition of Solid Waste/ Hazardous Waste Recycling 341(1) Large Quantity Generators 370(1) Small Quantity Generators 231 CESQGs 98 Transporters 80 Exports/Imports 94 TSDFs General Facility Standards 198 Unit Standards 138 Air Emissions 593(1) Combustion - General 338 BIFs 82 Incinerators 19 Draft Strategy 23 Waste Minimization 49 LDR Applicability 963(1) Notifications/Certification 139 Treatment Standards 286(1) Permits and Permitting 147 State Programs 79 Financial Assurance 52 Closure/Post-Closure 71 Corrective Action 420(1) Enforcement 79 Hazardous Waste Data 49 Test Methods 121 Indian Lands 18 Used Oil Standards 134 Military Munitions 14 OTHER WASTES Ash 8 Bevill Amendment (Mining Waste) 18 Medical Wastes 134 Oil and Gas 10 SUBTITLE D Household Hazardous Wastes 123 Subtitle D - General 124 Technical Standards 45 Industrial Wastes 16 Municipal Wastes 145 Indian Lands 3 Financial Assurance 4 Solid Waste Recycling/Markets - General 398(1) Aluminum 29 Batteries 33 Glass 22 Paper 44 Plastics 35 Tires 26 Used Oil 63 Composting 33 Procurement 84 Source Reduction/Pollution Prevention 57 Grants and Financing 13 TOTAL QUESTIONS 11,438* * Includes 2,494 RCRA document requests. UST General/Misc. 233(1) Applicability/Definitions 143 Regulated Substances 55 Standards for New Tank Systems 121(1) Tank Standards and Upgrading 133(1) Operating Requirements 69 Release Detection 149(1) Release Reporting & Investigation 51 Corrective Action for USTs 97 Out-of-Service/Closure 42 Financial Responsibility 123(1) State Programs 42 Liability/Enforcement 32 LUST Trust Fund 11 TOTAL QUESTIONS 1,301* * Includes 1,050 UST document requests. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions 379(1) Trade Secrets 21 Enforcement 52 Liability/Citizen Suits 3 Training 21 Chemical-Specific Information 46 Emergency Planning (Sections 301-303): General 135 Notification Requirements 29 SERC/LEPC Issues 52 EHSs/TPQs 94 Risk Communication/Hazards Analysis 19 Exemptions 5 Emergency Release Notification (Section 304): General 39 Notification Requirements 37 Reportable Quantities 41 CERCLA Section 103 vs. SARA Section 304 44 ARIP/AHEDB/ERNS 5 Exemptions 15 Hazardous Chemical Reporting (Sections 311-312): General 225(1) MSDS Reporting Requirements 148(1) Tier I/II Requirements 320(1) Thresholds 188(1) Hazard Categories 30 Mixtures Reporting 87 Exemptions 77 Toxic Chemical Release Inventory (Section 313): General 721(1) Reporting Requirements 715(1) Thresholds 310(1) Form R Completion 542(1) Supplier Notification 38 NOTEs/NOSEs/NONs 15 Voluntary Revisions 41 Pollution Prevention 33/50 16 Public Access to Data 257(1) TRI Database 122 Petitions 34 TRI Expansion 108(1) Exemptions 112 Special Topics: CAA Section 112 General 299(1) RMPs 259(1) List of Regulated Substances 102(1) Federal Facilities Executive Order 18 TOTAL QUESTIONS 5,821 *Includes 1,502 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. 205 Access & Information Gathering 34 Administrative Improvements General 74 Environmental Justice/Brownfields 243(1) SACM/Presumptive Remedies 99 Soil Screening Levels 112 Administrative Record 21 ARARs 77 CERCLIS 152 Citizen Suits 8 Claims Against Fund 12 Clean-Up Costs 36 Clean-Up Standards 91 Community Involvement 9 Contract Lab Program (CLP) 8 Contractor Indemnification 4 Contracts 2 Definitions 128 Enforcement 71 Federal Facilities 82 Hazardous Substances 336(1) HRS 17 Liability 137 Local Gov't Reimbursement 16 Natural Resource Damages 7 NCP 63 Notification 120 NPL 248(1) Off Site Rule 19 OSHA 13 PA/SI 21 PRPs 56 RD/RA 30 Reauthorization 49 Remedial 149 Removal 31 RI/FS 61 Risk Assess./Health Effects 85 ROD 69 RQ 247(1) Settlements 41 SITE Program 7 State Participation 9 State Program 9 TAGs 0 Taxes 10 Special Topics Oil Pollution Act 14 SPCC Regulations 20 Radiation Site Cleanup 58(1) TOTAL QUESTIONS 3,410* *Includes 351 Superfund document requests. Total Hotline Questions and Documents Requests 21,970 (1) Hot topics for this month Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions.