EPA530-R-03-002h MONTHLY CALL CENTER REPORT August 2003 RCRA, Superfund & EPCRA Call Center (Services in support of OUST, OSW, OIAA, OEPPR, and OSRTI) National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local: (703) 412-3323 This report is prepared and submitted in support of Contract No. 68-W-01-020. Scott Maid, Project Officer Judi Kane, Deputy Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Availability The complete text of the 1991 (November and December only), 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 Monthly Call Center Reports may be accessed from the Internet. Go to the Call Center Home Page at www.epa.gov/epaoswer/hotline and select "Monthly Reports." The Call Center maintains an electronic mailing list named callcenter_oswer. Subscribers can have Call Center announcements and Monthly Call Center Reports e-mailed to them as they are released, at no charge. * To subscribe to the Call Center electronic mailing list send a blank e-mail to: join-callcenter_oswer@lists.epa.gov * To unsubscribe from an EPA electronic mailing list send a blank e-mail to: leave-listname@lists.epa.gov For example, leave-callcenter_oswer@lists.epa.gov FREQUENTLY ASKED QUESTIONS Are conditionally exempt small quantity generators (CESQGs) required to obtain EPA identification (ID) numbers? CESQGs do not need to obtain EPA ID numbers because they are exempt from the notification requirements in RCRA Section 3010 (40 CFR Section 261.5(b)). However, authorized states may have more stringent requirements for obtaining an ID number than the federal program. What is the difference between a by-product and a co-product? A by-product is a material that is not a primary product of a production process and is not solely or separately produced by the production process, whereas a co-product is produced for the general public's use and is ordinarily used in the form produced by the process (Section 261.1(c)(3)). What waste treatment can be performed pursuant to the storage and treatment conditional exemption for low-level mixed waste? Pursuant to the low-level mixed waste conditional exemption, a generator may treat low-level mixed waste in a tank or container in accordance with the terms of a Nuclear Regulatory Commission (NRC) or NRC Agreement State license. Treatment that cannot be done in a tank or container without a RCRA permit (e.g., incineration) is not allowed under this exemption (Section 266.235). When and where must the initial written notification for a CERCLA continuous release report be submitted? An initial written notification of a continuous release must be submitted to the appropriate EPA Regional Office for the geographic area where the releasing facility or vessel is located. The written notification must be submitted within 30 days of the initial telephone notification to the National Response Center (Section 302.8(e)). A flammable substance listed in Section 68.130 is excluded from the Risk Management Program regulations when it is used as a fuel or held for sale as a fuel at a retail facility (Section 68.126). What is the definition of a retail facility for the purposes of this exclusion? A retail facility is defined as a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program (Section 68.3). What is a partially buried tank, and is it considered an aboveground storage container for purposes of the Spill Prevention Control and Countermeasure (SPCC) regulations? A partially buried tank is a storage container that is partially inserted or constructed in the ground, but not entirely below grade, and not completely covered with earth, sand, gravel, asphalt, or other material. A partially buried tank is considered an aboveground storage container for purposes of the SPCC regulations (Section 112.2). CALL CENTER QUESTIONS & ANSWERS RCRA 1. Small Quantity Generator Treatment in Tanks Hazardous waste generators may treat waste on site in accumulation tanks or containers without a RCRA permit or interim status provided they are in compliance with the applicable provisions in 40 CFR Section 262.34 and provided that the treatment is not thermal treatment (56 FR 10146, 10168; March 24, 1986). Section 262.34 directs generators accumulating hazardous waste in tanks and containers to follow the requirements for those units in Subparts I and J of Part 265. Specifically, a small quantity generator (SQG) who accumulates waste in a tank is directed to the special tank standards in Section 265.201 (Section 262.34(d)(3)). Should a SQG performing on-site treatment of hazardous waste in a tank comply with the special Section 265.201 standards, or is the SQG subject to all of Part 265, Subpart J? A SQG performing on-site treatment in a tank would continue to follow the special standards in Section 265.201. Since the Part 265, Subparts I and J unit standards, including the special SQG tank standards in Section 265.201, are designed to ensure that the integrity of a tank or container is not breached, the same standards apply regardless of whether a unit is used for treatment or accumulation (56 FR 10146, 10168; March 24, 1986). The structure and content of the regulations in Section 265.201 were intended to supplant Subpart J requirements for SQGs rather than supplement them. Therefore, a SQG complies with Section 265.201 instead of all of the Subpart J regulations when accumulating or treating hazardous waste in tanks. Generators should be aware that authorized states can be more stringent than EPA and should always confer with the implementing agency to determine applicable unit standards. EPCRA 2. Applicability of the De Minimis Exemption The de minimis exemption allows facilities subject to EPCRA Section 313 to disregard certain minimal concentrations of toxic chemicals in mixtures or trade name products they process or otherwise use when making threshold determinations and release and other waste management calculations. A facility subject to EPCRA Section 313 exceeds the processing threshold for a non- persistent bioaccumulative toxic (PBT) toxic chemical during a reporting year and also stores a trade name product containing the same toxic chemical below its de minimis concentration level elsewhere at the facility. The toxic chemical in the trade name product in storage is not manufactured, processed, or otherwise used during the reporting year, but some of the toxic chemical from the trade name product is released during the reporting year. Must the facility report the release of the toxic chemical in the trade name product on the Form R? The facility is not required to report the release of the toxic chemical in the trade name product because the toxic chemical is eligible for the de minimis exemption. Toxic chemicals in mixtures or trade name products in storage may be eligible for the de minimis exemption if the toxic chemicals remain below the appropriate de minimis concentration levels at all times during the reporting year. Manufacturing, processing, or otherwise use activities are not prerequisites for the application of the de minimis exemption. NEW PUBLICATIONS How to order. NTIS Publications are available by calling (800) 553-6847 or (703) 605-6000, or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document. NSCEP Publications are available by calling (800) 490-9198 or by writing USEPA/NSCEP, PO Box 42419, Cincinnati, OH 45242-0419. Use the EPA Order Number listed under the document. Call Center Publications are available by calling the Call Center at: RCRA, Superfund & EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local: (703) 412-3323 RCRA TITLE: CD Cover Art Contest: Design a World With Less Waste PUBLICATION DATE: July 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-019 URL: www.epa.gov/epaoswer/osw/specials/artcontest/flier.pdf This document discusses the rules and eligibility requirements for EPA's CD cover design art contest. All school students in grades 7 through 12 in the United States and its territories are eligible to participate. TITLE: Earth Day 2004 Poster Contest: Paint a Path to a World With Less Waste PUBLICATION DATE: July 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-018 URL: www.epa.gov/epaoswer/osw/specials/artcontest/poster.pdf This document discusses the rules and eligibility for EPA's Earth Day 2004 poster contest. All school students in grades kindergarten through 6 in the United States and its territories are eligible to participate. TITLE: Making Permitting More Efficient and Effective Through the Use of Environmental Management Systems PUBLICATION DATE: August 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-039 URL: www.epa.gov/epaoswer/osw/ems/ems-fs.pdf This document describes the role that environmental management systems can play in the RCRA permitting process. TITLE: The Resource Conservation Challenge: the National Waste Minimization Partnership Program and Priority Chemicals PUBLICATION DATE: August 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-041 URL: www.epa.gov/epaoswer/osw/conserve/rcc-wmin.pdf This document explains the challenges that waste generators are facing in reducing the generation of 30 priority chemicals commonly found in waste by 50 percent by 2005. TITLE: RCRA, Superfund & EPCRA Call Center Brochure PUBLICATION DATE: August 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-F-03-042 URL: www.epa.gov/epaoswer/hotline/brochures.htm This brochure provides an overview of the RCRA, Superfund & EPCRA Call Center and explains how to use its services. OIL PROGRAM TITLE: EPA Oil Program Update PUBLICATION DATE: July 2003 AVAILABILITY: Internet Only URL: www.epa.gov/oilspill/document.htm This document is produced quarterly and provides EPA Regional staff, other federal agencies and departments, industries and businesses, and the regulated community with the latest Oil Program developments. This edition contains information on the Fifth Biennial Freshwater Spills Symposium, International Oil Spills Conference 2003, Sixth Annual Above Ground Oil Tank Conference, EPA Region 9 Oil Program Outreach Activities, a chemical fire averted in Galveston Bay, and a Staten Island Fuel Facility Explosion. CAA Section 112(r) TITLE: Chemical Safety Alert: Hazards of Delayed Coker Unit (DCU) Operations PUBLICATION DATE: August 2003 AVAILABILITY: Internet Only EPA ORDER NO.: EPA550-F-03-001 URL: yosemite.epa.gov/oswer/ceppoweb.nsf/content/preventingaccident.htm This document aims to prevent chemical accidents by raising awareness among facilities, workers, and emergency responders of the hazards associated with Delayed Coker Unit (DCU) operations, a process used in refining crude oil. The document includes lessons learned and examples of actions that can be taken to help minimize risks associated with the situations and conditions that are most likely to cause accidents. FEDERAL REGISTERS Availability You may order copies of all major RCRA, Superfund & EPCRA Federal Registers by calling the Call Center. RCRA, Superfund & EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local TDD: (703) 412-3323 Electronic Availability Federal Registers from October 1994 to the present related to the Call Center's program areas are accessible via the Internet at: www.epa.gov/fedrgstr For RCRA/UST and selected CERCLA Federal Registers, choose: Waste. For selected EPCRA Federal Registers, choose: Toxic Release Inventory. For CAA Section 112(r) Federal Registers, choose: Air. FINAL RULES RCRA "Hazardous Waste Management System; Exclusion for Identifying and Listing Hazardous Waste and a Determination of Equivalent Treatment" August 7, 2003 (68 FR 46951) EPA granted two petitions submitted by the University of California E.O. Lawrence Berkeley National Laboratory (LBNL). First, EPA granted a petition to delist its F002, F003, and F005 mixed waste. Second, EPA granted LBNL's petition which is for a determination of equivalent treatment (DET) for the catalytic chemical oxidation technology that LBNL used to treat its original mixed waste. "New Mexico: Incorporation by Reference of Approved State Hazardous Waste Management Program" August 27, 2003 (68 FR 51484) EPA issued a rule that codifies the prior approval of New Mexico's hazardous waste management program and incorporates by reference authorized provisions of the state's statutes and regulations. This rule becomes effective October 27, 2003, unless EPA receives adverse written comment by September 26, 2003. "Oklahoma: Incorporation by Reference of Approved State Hazardous Waste Management Program" August 27, 2003 (68 FR 51488) EPA issued a rule that codifies the prior approval of Oklahoma's hazardous waste management program and incorporates by reference authorized provisions of the state's statutes and regulations. This rule becomes effective October 27, 2003, unless EPA receives adverse written comment by September 26, 2003. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" August 13, 2003 (68 FR 48314) EPA announced the partial deletion of the Monticello Mill Tailings Superfund Site from the National Priorities List (NPL). This direct final partial deletion is effective October 14, 2003, unless EPA receives adverse comment by September 12, 2003. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" August 22, 2003 (68 FR 50714) EPA announced the deletion of the Resin Disposal Superfund Site from the NPL. This direct final deletion is effective October 21, 2003, unless EPA receives adverse comment by September 22, 2003. PROPOSED RULES RCRA "Idaho: Proposed Authorization of State Hazardous Waste Management Program Revision" August 1, 2003 (68 FR 45192) EPA proposed to grant final authorization to the hazardous waste program revisions submitted by the State of Idaho. EPA has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization. Written comments on this proposed rule must be received by September 15, 2003. "New Mexico: Incorporation by Reference of State Hazardous Waste Management Program" August 27, 2003 (68 FR 51545) EPA proposed codifying New Mexico's authorized hazardous waste program into the Code of Federal Regulations (CFR). EPA codified and incorporated by reference the state's hazardous waste program as a direct final rule without prior proposal in the final rules section (68 FR 51484; August 27, 2003). Unless adverse comments are received by September 26, 2003, the direct final rule will become effective October 27, 2003. "Oklahoma: Incorporation by Reference of State Hazardous Waste Management Program" August 27, 2003 (68 FR 51545) EPA proposed codifying Oklahoma's authorized hazardous waste program into the CFR. EPA codified and incorporated by reference the state's hazardous waste program as a direct final rule without prior proposal in the final rules section (68 FR 51488; August 27, 2003). Unless adverse comments are received by September 26, 2003, the direct final rule will become effective October 27, 2003. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" August 13, 2003 (68 FR 48331) EPA announced its intent to partially delete the Monticello Mill Tailings Superfund Site from the NPL and requested public comment on this proposed action. Comments may be submitted on or before September 12, 2003. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" August 18, 2003 (68 FR 49406) EPA announced its intent to delete the Celtor Chemical Works Superfund Site from the NPL and requested public comment on this proposed action. Comments may be submitted on or before September 17, 2003. "National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List" August 22, 2003 (68 FR 50735) EPA announced its intent to delete the Resin Disposal Superfund Site from the NPL and requested public comment on this proposed action. Comments may be submitted on or before September 22, 2003. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" August 26, 2003 (68 FR 51221) EPA announced its intent to delete the Selected Perimeter Area and the Surface Deletion Area of the Rocky Mountain Arsenal Superfund Site On-Post Operable Unit from the NPL on July 28, 2003, and requested public comment on these proposed actions. With this notice, EPA is extending both comment periods for 30 days concluding on September 25, 2003. NOTICES RCRA "Science Advisory Board Staff Office; Notification of Upcoming Science Advisory Board Meetings of the Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Panel" August 6, 2003 (68 FR 46606) EPA's Science Advisory Board (SAB) Staff Office announced four conference calls and two face-to-face SAB meetings of the Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Panel. The conference calls will be held August 15, September 16, October 9, and November 24, 2003. The face-to-face SAB meetings will be held on August 26 through 27, and October 28 through 30, 2003, in Washington, DC. "Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Recordkeeping and Reporting for 40 CFR Part 258-Solid Waste Disposal Facilities and Practices" August 19, 2003 (68 FR 49768) EPA announced that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: "Recordkeeping and Reporting for 40 CFR Part 258-Solid Waste Disposal Facilities and Practices," ICR Number 1381.07, OMB Control Number 2050-0122. Comments must be submitted on or before September 18, 2003. "Agency Information Collection Activities: Continuing Collection; Comment Request; Hazardous Waste Specific Unit Requirements and Special Waste Processes and Types" August 20, 2003 (68 FR 50131) EPA announced that the following continuing ICR has been forwarded to OMB for review and approval: "Hazardous Waste Specific Unit Requirements and Special Waste Processes and Types," ICR Number 1572.06, OMB Control Number 2050-0050. The current expiration date for this ICR is December 31, 2003. Comments must be submitted on or before October 20, 2003. "Agency Information Collection Activities: Proposed Collection; Comment Request; Land Disposal Restrictions-Base ICR, EPA ICR Number 1442.18, OMB Control Number 2050-0085" August 28, 2003 (68 FR 51773) EPA announced that the following continuing ICR has been forwarded to OMB for review and approval:"Land Disposal Restrictions-Base ICR," ICR Number 1442.18, OMB Control Number 2050-0085. The current expiration date for this ICR is February 29, 2004. Comments must be received on or before October 27, 2003. CERCLA "Agency Information Collection Activities; Submission of EPA ICR No. 2104.01 to OMB for Review and Approval; Comment Request" August 4, 2003 (68 FR 45813) EPA announced that the following ICR has been forwarded to OMB for review and approval: "Brownfields Program-Revitalization Grantee Reporting," ICR Number 2104.01, OMB Control Number 2030- 0020. Comments must be submitted on or before September 3, 2003. "Advisory Committee for Regulatory Negotiation Concerning All Appropriate Inquiry; Meeting" August 4, 2003 (68 FR 45816) EPA announced that a meeting of the Negotiated Rulemaking Committee On All Appropriate Inquiry will take place on September 9 and 10, 2003, in Washington, DC. "Draft Brownfield Grants Guidelines" August 4, 2003 (68 FR 45817) EPA announced that a meeting to discuss EPA's draft of the fiscal year 2004 Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants (Brownfield Grants Guidelines) will take place on September 8, 2003, in Washington, DC. "National Advisory Council for Environmental Policy and Technology (NACEPT) Superfund Subcommittee Meeting; Notification of Public Advisory NACEPT Subcommittee on Superfund; Open Meeting" August 14, 2003 (68 FR 48607) EPA announced that a meeting of the National Advisory Council for Environmental Policy and Technology Superfund Subcommittee will take place on September 3, 4, and 5, 2003, in Washington, DC. This meeting will involve discussion of the latest version of the subcommittee's draft report. SETTLEMENTS AND CONSENT ORDERS "Consent Decree; United States v. BNZ Materials, Inc. et al." August 1, 2003 (68 FR 45280) "Proposed Settlement; Whitehouse Waste Oil Pits Superfund Site" August 7, 2003 (68 FR 47062) "Consent Decree; United States v. American Premier Underwriters; Consolidated Rail Corporation; The City of New Bedford, Massachusetts; and Housing 70 Corporation" August 7, 2003 (68 FR 47088) "Amendment to Consent Decree; United States v. Beazer East, Inc." August 7, 2003 (68 FR 47089) "Consent Decree; United States v. Reynolds Metal Company" August 7, 2003 (68 FR 47089) "Consent Decree; United States and State of Louisiana v. Marine Oil Trade 3, Ltd. and Ermis Maritime Corporation" August 7, 2003 (68 FR 47089) "Administrative Agreement; Amenia Town Landfill Superfund Site" August 13, 2003 (68 FR 48383) "Consent Decree; United States v. Acorn Engineering Company, et al." August 13, 2003 (68 FR 48411) "Proposed Administrative Consent Agreement and Final Order; Mission Foods Corporation" August 15, 2003 (68 FR 48919) "Proposed Administrative Cost Recovery Settlement; Former Mallory Hat Superfund Site" August 18, 2003 (68 FR 49477) "Proposed Administrative Settlement; Chemical Recovery Systems Superfund Site" August 20, 2003 (68 FR 50144) "Consent Decree; United States v. E.F.I. DuPont De Nemours and Company" August 21, 2003 (68 FR 50553) "Consent Decree; United States v. Robert Dwight Weed, Jr." August 21, 2003 (68 FR 50555) "Proposed Prospective Purchaser Agreement; San Fernando Valley Crystal Springs (Area 2) Superfund Site-Glendale Operable Units" August 26, 2003 (68 FR 51267) "Consent Decree; United States v. City of Hastings, et al." August 27, 2003 (68 FR 51594) "Consent Decree; In re Kaiser Aluminum Corporation" August 27, 2003 (68 FR 51596) "Proposed Administrative Settlement; Sav-Cote Chemical Labs Superfund Site" August 29, 2003 (68 FR 51594)