EPA530-R-04-003b MONTHLY CALL CENTER REPORT February 2004 RCRA, Superfund & EPCRA Call Center (Services in support of OUST, OSW, OIAA, OEPPR, and OSRTI) National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Local: (703) 412-3323 This report is prepared and submitted in support of Contract No. 68-W-01-020. Scott Maid, Project Officer Judi Kane, Deputy Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Availability The complete text of the 1991 (November and December only), 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004 Monthly Call Center Reports may be accessed from the Internet. Go to the Call Center Home Page at www.epa.gov/epaoswer/hotline and select "Monthly Reports." The Call Center maintains an electronic mailing list named callcenter_oswer. Subscribers can have Call Center announcements and Monthly Call Center Reports e-mailed to them as they are released at no charge. * To subscribe to the Call Center electronic mailing list send a blank e-mail to: 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 Pursuant to 40 CFR Section 262.34(a), a large quantity generator (LQG) must comply with the applicable air emissions standards in Part 265, Subpart CC. Are satellite accumulation containers subject to these requirements? The air emissions standards in Part 265, Subpart CC, do not extend to containers used for satellite accumulation because of the widespread use of the containers by manufacturing process operators to collect small quantities of hazardous waste as generated and because of the integrated use of these containers with the manufacturing operation (59 FR 62896, 62910; December 6, 1994). When conducting groundwater monitoring at a RCRA permitted facility, must an owner or operator provide a separate groundwater monitoring system for each regulated unit? Owners or operators are not required to provide separate groundwater monitoring systems for each regulated unit. However, the groundwater monitoring system must be able to detect and measure all constituents that have entered the groundwater in the uppermost aquifer from each of the regulated units (40 CFR Section 264.97(b)). Can spent oil-based solvents be managed as used oil under 40 CFR Part 279? The definition of used oil in Section 279.1 does not include oil- based products used as solvents refined from crude oil or manufactured from synthetic materials. Petroleum-based solvents are viewed as wastes separate and distinct from used oil (57 FR 41566, 41574; September 10, 1992). A site with a release that is a priority for long-term remedial evaluation and response can be included on the National Priorities List (NPL) if it meets one of the criteria in 40 CFR Section 300.425(c). One criterion considers the Hazard Ranking System (HRS) score of the release. What is the HRS? The HRS is the screening device used by EPA to evaluate the relative potential of hazardous substance releases to cause health or safety problems, or ecological or environmental damage (Section 300.5). The HRS and its use are described in detail in Part 300, Appendix A. To be included in EPA's National Contingency Plan (NCP) Product Schedule, dispersants must be tested for effectiveness. What test method must be used to determine the effectiveness of a dispersant? The Swirling Flask effectiveness test, as described in 40 CFR Part 300, Appendix C, must be used to determine the effectiveness of a dispersant (40 CFR Section 300.915(a)(7)). How must an owner or operator permanently close an underground storage tank (UST) in accordance with 40 CFR Part 280? To permanently close a UST, owners and operators must empty and clean the tank by removing all liquids and accumulated sludges. Furthermore, all tanks permanently taken out of service must also be either removed from the ground or filled with an inert solid material (40 CFR Section 280.71(b)). CALL CENTER QUESTIONS AND ANSWERS RCRA 1. Secondary Containment for Used Oil Storage Units at Transfer Facilities A transporter delivers used oil to a burner via a rail car and must stop at a transfer facility for three days while en route to the final destination. Would secondary containment be required for the rail car containing used oil while it is at the transfer facility? Any container or tank used to store used oil at a transfer facility for greater than 24 hours, including used oil contained in a rail car, must be equipped with secondary containment (40 CFR Section 279.45). The secondary containment system should include dikes, berms, or retaining walls and a floor at a minimum, although other equivalent secondary containment systems may be used (Sections 279.45(d)-(e)). Some examples of equivalent secondary containment systems are a tank with an external liner, a tank inside a vault, and a double-walled tank (56 FR 48000, 48045; September 23, 1991). An aboveground storage tank system consisting of a shop-fabricated double-walled tank operated with overfill prevention measures may also provide equivalent protection (57 FR 41566, 41591; September 10, 1992). Regardless of how secondary containment is achieved, the entire containment system must be sufficiently impervious to used oil to prevent any leakage of oil within the containment system from migrating out to soil, groundwater, or surface water prior to the cleanup of spills and releases. The secondary containment requirements apply to all used oil transfer facilities (i.e., those facilities that temporarily store used oil for longer than 24 hours but not exceeding 35 days) regardless of their location and regardless of the size of any single tank or container at the facility or the total storage capacity of the facility (57 FR 41566, 41590; September 10, 1992). The secondary containment requirements do not apply to aboveground tanks or containers taken out of service at a transfer facility. However, any material left in these out-of- service units must be handled appropriately under all applicable regulations, including RCRA Subtitle C standards if the material meets the definition of hazardous waste. Storage of used oil in tanks or containers over 35 days at a transfer facility would subject the facility to the standards for used oil processors and re-refiners in Part 279, Subpart F (57 FR 41566, 41590-41591; September 10, 1992). 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: Tribal Decision-Maker's Guide to Solid Waste Management PUBLICATION DATE: November 2003 EPA ORDER NO.: EPA530-R-03-013 AVAILABILITY: NSCEP URL: www.epa.gov/epaoswer/non-hw/tribal/thirds/remsw.htm This document discusses solutions to solid waste management problems faced by Native American tribes and villages, ways to improve existing solid waste systems, and how tribes and villages can develop new and more effective solid waste management programs. TITLE: Manejando Sus Residuos Peligrosos (Spanish - Managing Your Hazardous Waste: A Guide for Small Businesses) PUBLICATION DATE: January 2004 EPA ORDER NO.: EPA530-K-01-005S AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/general/espanol/hazrules.pdf This publication is the Spanish translation of Managing Your Hazardous Waste: A Guide for Small Businesses (EPA530-K-01-005). The manual helps small businesses determine whether they generate hazardous waste and provides comprehensive information on how to comply with the federal hazardous waste regulations for small quantity generators. It explains how to obtain an EPA identification number, manage hazardous waste on site, ship hazardous waste off site, comply with land disposal restrictions, and conduct good housekeeping. TITLE: WasteWise 2003: Celebrating Our Partners PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA530-R-03-014 AVAILABILITY: NSCEP URL: www.epa.gov/epaoswer/non-hw/reduce/wstewise/pubs/progrpts/ pdfs/report9.pdf This document celebrates businesses that are partners of the WasteWise program, and briefly explains what each company is doing. TITLE: Developing Your Leader Program PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA530-F-03-054 AVAILABILITY: NSCEP URL: www.epa.gov/epaoswer/osw/conserve/c2p2/leader.pdf This document discusses ways leaders can educate organizations about the Coal Combustion Products Partnership (C2P2) and the beneficial uses of combustion products. TITLE: Aspectos Sociales de la Ubicaci¢n de Instalaciones de Residuos Peligrosos de RCRA (Spanish - Social Aspects of Siting RCRA Hazardous Waste Facilities) PUBLICATION DATE: September 2003 EPA ORDER NO.: EPA530-K-00-005S AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/general/espanol/sp-sitng.pdf This publication is the Spanish translation of Social Aspects of Siting RCRA Hazardous Waste Facilities (EPA530-K-00-005), which has been developed for industries and for government agencies that interact with communities when hazardous waste facilities are sited. The primary purpose of this booklet is to share experiences and creative mechanisms that work effectively with communities, as well as encourage businesses and government agencies to address community concerns early, collaboratively, and compassionately. TITLE: Resource Conservation Challenge: A Year of Progress PUBLICATION DATE: February 2004 AVAILABILITY: Internet Only EPA ORDER NO.: EPA530-R-04-001 URL: www.epa.gov/epaoswer/osw/conserve/resources/rcc-rpt1.pdf This document discusses how the Resource Conservation Challenge (RCC) expanded throughout the nation as private sector partners accepted the challenge and throughout EPA as it was incorporated into other media programs. It also identifies contributions to resource conservation and energy savings made by RCC partners, existing partnership programs such as WasteWise, and new partnership programs such as the National Waste Minimization Partnership Program, the Coal Combustion Products Partnership (C2P2), Plug-In to eCycling, and the GreenScapes Alliance. UST TITLE: Reuse of Abandoned Gas Station Sites PUBLICATION DATE: February 2004 EPA NO.: EPA510-F-04-001 AVAILABILITY: Internet Only URL: www.epa.gov/swerust1/pubs/pb.htm This information sheet briefly describes EPA's efforts to put to productive use thousands of polluted, abandoned gas stations and other petroleum-contaminated sites. CERCLA TITLE: Superfund Ready for Reuse Determination Guidance Fact Sheet PUBLICATION DATE: January 2004 OSWER DIRECTIVE NO.: 9365.0-33-FS AVAILABILITY: Internet Only URL: www.epa.gov/superfund/programs/recycle/rfrfactsheet.pdf This fact sheet provides information on the Ready for Reuse (RfR) Determination Guidance document. The RfR determination is an environmental status report that documents a technical determination by EPA, in consultation with states, tribes, and local governments, that all or a portion of a real estate property can support specified types of uses and remain protective of human health and the environment. TITLE: Guidance for Preparing Superfund Ready for Reuse Determinations PUBLICATION DATE: February 2004 OSWER DIRECTIVE NO.: 9365.0-33-D AVAILABILITY: Internet Only URL: www.epa.gov/superfund/programs/recycle/rfrguidance.pdf This guidance document provides information to EPA Regional and Headquarters staff on the use and preparation of the RfR determinations at Superfund sites. This guidance will assist the Region in determining what information is sufficient to support a RfR decision and how to document the RfR determination. TITLE: Choosing "Greenspace" as a Brownfields Reuse PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA500-F-03-248 AVAILABILITY: Internet Only URL: www.epa.gov/brownfields/success.htm This fact sheet highlights brownfields success stories across the United States, specifically focusing on how brownfields can be converted to greenspace without compromising the need to protect human health and the environment. TITLE: Sustainable Reuse - Ensuring that a Brownfield's Reuse Offers the Greatest Social, Economic, and Environmental Benefit to the Community PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA500-F-03-251 AVAILABILITY: Internet Only URL: www.epa.gov/brownfields/success.htm This fact sheet highlights how the redevelopment of brownfields sites is empowering communities and benefiting local residents. TITLE: For EPA's Brownfields Program, "Green" Refers to More Than the Environment PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA500-F-03-250 AVAILABILITY: Internet Only URL: www.epa.gov/brownfields/success.htm This fact sheet highlights areas around the country that are benefiting economically from the cleanup and restoration of brownfields sites. TITLE: Using "Green" Buildings on Brownfields: Using Innovative Architecture to Improve Performance PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA500-F-03-249 AVAILABILITY: Internet Only URL: www.epa.gov/brownfields/success.htm This fact sheet highlights the use of green buildings at brownfields sites. OIL PROGRAM TITLE: Oil Drop PUBLICATION DATE: October 2003 EPA ORDER NO.: EPA540-N-03-003 OSWER DIRECTIVE: 9360.8-63 AVAILABILITY: Internet Only URL: www.epa.gov/oilspill/document.htm This outreach journal includes information on pipeline systems, the Seventh International Effects of Oil on Wildlife Conference, illegal sludge discharges at sea, oil spills off the British Coast, and the EPA Oil Program Infoline. CAA Section 112(r) TITLE: A Checklist for Resubmitting Your Risk Management Plan (RMP) for Chemical Accident Prevention PUBLICATION DATE: February 2004 EPA ORDER NO.: EPA550-F-04-001 AVAILABILITY: Internet Only URL: yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPS.htm This fact sheet provides a checklist of requirements for preparing a five-year update for risk management plans in 40 CFR Part 268. 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 "Land Disposal Restrictions: Site-Specific Treatment Variances for Heritage Environmental Services LLC and Chemical Waste Management Inc." February 11, 2004 (69 FR 6567) EPA granted three site-specific treatment variances from the land disposal restrictions (LDR) treatment standards for selenium- bearing hazardous wastes generated by glass-manufacturing facilities. EPA granted these variances because the chemical properties of the wastes differ significantly from those wastes used to establish the current LDR treatment standard for selenium, and the submitted petitions have adequately demonstrated that the wastes cannot be treated to meet this treatment standard. This final rule becomes effective on March 29, 2004, unless EPA receives adverse comment by March 12, 2004. "Hazardous Waste Management System; Identification and Listing of Hazardous Waste Final Exclusion" February 26, 2004 (69 FR 8828) EPA granted a petition submitted by the Daimler Chrysler Corporation Jefferson North Assembly Plant to exclude (i.e., delist) wastewater treatment sludge from conversion coating on aluminum generated by its Detroit, Michigan, facility from the lists of hazardous waste. This final rule conditionally excludes the petitioned wastes from the hazardous waste requirements under RCRA when disposed of in a lined Subtitle D landfill that is permitted, licensed, or registered by a state to manage industrial waste. This rule is effective on February 26, 2004. CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" February 20, 2004 (69 FR 7873) EPA announced the deletion of the Wheeler Pit Superfund Site from the National Priorities List (NPL). This direct final notice of deletion will be effective April 20, 2004, unless EPA receives adverse comment by March 22, 2004. PROPOSED RULES RCRA "Land Disposal Restrictions: Site-Specific Treatment Variances for Heritage Environmental Services LLC and Chemical Waste Management Inc." February 11, 2004 (69 FR 6593) EPA proposed to grant three site-specific treatment variances from LDR treatment standards for selenium-bearing hazardous wastes from the glass manufacturing industry. EPA granted the variances as a direct final rule without prior proposal in the final rules section (69 FR 6567; February 11, 2004). The direct final rule provides rationales for granting the variances. Unless adverse comments are received by March 12, 2004, the final rule becomes effective on March 29, 2004. "Comprehensive Procurement Guideline V for Procurement of Products Containing Recovered Materials; Reopening of Comment Period" February 18, 2004 (69 FR 7612) EPA reopened and extended the comment period until March 19, 2004, for the proposed rule entitled "Comprehensive Procurement Guideline V for Procurement of Products Containing Recovered Materials" (68 FR 68813; December 10, 2003). The public comment period for this proposed rule originally ended on February 9, 2004. "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion" February 20, 2004 (69 FR 7888) EPA proposed to grant a petition submitted by Bekaert Corporation to exclude (i.e., delist) wastewater treatment plant sludge generated by its Dyersburg, Tennessee, facility from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) in evaluating the impact of the petitioned waste on human health and the environment. The proposed decision would exclude the petitioned waste from the requirements of hazardous waste regulation under RCRA. Comments must be received by March 8, 2004. "Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusions From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; Notice of Public Hearing and Extension of Comment Period" February 24, 2004 (69 FR 8353) EPA announced that a public hearing will be held on March 9, 2004, in Washington, D.C., and extended the end of the comment period from March 19, 2004, until April 9, 2004, for the proposed rule entitled "Proposed Conditional Exclusions from Hazardous and Solid Waste for Solvent-Contaminated Industrial Wipes'' (68 FR 65586; November 20, 2003). CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" February 18, 2004 (69 FR 7613) EPA announced its intent to delete the Florence Land Recontouring Landfill Superfund Site from the NPL and requested public comment on this notice of intent. Comments must be received by March 19, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" February 20, 2004 (69 FR 7897) EPA announced its intent to delete the Wheeler Pit Superfund Site from the NPL and requested public comment on this notice of deletion. Comments must be received by March 22, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" February 24, 2004 (69 FR 8353) EPA announced its intent to delete the Combe Fill North Landfill Superfund Site from the NPL and requested public comment on this notice of intent. Comments must be received March 25, 2004. NOTICES RCRA "Recovered Materials Advisory Notice V; Reopening of Comment Period" February 18, 2004 (69 FR 7637) EPA reopened and extended the end of the comment period until March 19, 2004, for the "Recovered Materials Advisory Notice V" (68 FR 68919; December 10, 2003). The public comment period for this notice originally ended on February 9, 2004. CERCLA "Notice of Availability and Opportunity To Comment on the `Draft CERCLA Model Application/Information Request for Service Station Dealers' for Section 114(c) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Notice of Public Meeting" February 3, 2004 (69 FR 5147) EPA announced a 60-day public comment period for the document entitled "Draft Model CERCLA Application/Information Request for Service Station Dealers." EPA also announced a public meeting to discuss questions and comments on the draft model document. Comments must be received by April 5, 2004. "CERCLA, Section 104(k); Announcement of Proposal Deadline for a Reopening of the Competition for the 2004 National Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants" February 10, 2004 (69 FR 6283) EPA reopened the competition for fiscal year 2004 brownfields grants to accept applications for funding for certain brownfield sites that were not previously eligible under the "Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants, The October 2003 Proposal Guidelines." Proposals must be received by March 9, 2004. EPCRA "Agency Information Collection Activities OMB Responses OMB Approvals" February 18, 2004 (69 FR 7628) This document announced the Office of Management and Budget (OMB) responses to Information Collection Requests (ICR), in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). Specifically, ICR Number 1704.07, "Toxic Chemical Release Reporting, Alternate Threshold for Low Annual Reportable Amounts, Recordkeeping, Supplier Notification and Petitions under Section 313 of EPCRA," was approved on January 9, 2004. This ICR, OMB Number 2070-0143, expires January 31, 2006. Also, ICR Number 1363.13, "Toxic Chemical Release Reporting, Recordkeeping, Supplier Notification and Petitions under Section 313 of EPCRA," was approved on January 9, 2004. This ICR, OMB Number 2070-0093, expires January 31, 2006. SETTLEMENTS AND CONSENT ORDERS "Proposed Settlement; Florida Petroleum Reprocessors Superfund Site" February 2, 2004 (69 FR 4934) "Proposed Administrative Settlement; Uravan Uranium Superfund Site" February 2, 2004 (69 FR 4935) "Proposed Administrative Settlement; Nash Finch Company" February 4, 2004 (69 FR 5346) "Proposed Amendment to an Administrative Agreement; Amenia Town Landfill Superfund Site" February 5, 2004 (69 FR 5544) "Proposed Settlement; T.H. Agriculture & Nutrition Company Superfund Site" February 5, 2004 (69 FR 5545) "Consent Decree; United States v. A-L Processors, f.k.a. Atlas- Lederer Co., et al." February 5, 2004 (69 FR 5575) "Consent Decree; United States v. Central Maine Power Company" February 5, 2004 (69 FR 5576) "Consent Decree; United States v. Saunders Supply Company, et al." February 5, 2004 (69 FR 5577) "Consent Decree; United States v. Aervoe Industries, Inc., et al. " February 11, 2004 (69 FR 6690) "Consent Decree; United States v. AFG Industries, Inc., et al." February 11, 2004 (69 FR 6690) "Agreement; Broderick Wood Products Site, Sand Creek Site, Chemical Sales Site, Woodbury Chemical Site, and Koppers Site" February 17, 2004 (69 FR 7480) "Consent Decree; United States and People of the State of Illinois, ex rel. Madigan v. Manville Sales Corporation" February 20, 2004 (69 FR 7982) "Consent Decree; United States v. Sporting Goods Properties, Inc." February 26, 2004 (69 FR 8986)