EPA530-R-04-003i MONTHLY CALL CENTER REPORT September 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 Are universal waste handlers required to recycle their wastes? Universal waste handlers, as defined in 40 CFR Section 273.9, are not required to recycle their wastes in order to take advantage of the less stringent requirements in Part 273. Limiting universal waste management options to recycling complicates regulation and discourages participation in the universal waste collection program. The regulated community is more willing to participate in collection programs if they are not required to determine prior to initiating collection whether the wastes can be recycled (60 FR 25492, 25502; May 11, 1995). If a marketer sells on-specification used oil to a fuel distributor, does the marketer have to keep records of any subsequent transfers of that used oil? Marketers who first claim that used oil to be burned for energy recovery meets the fuel specifications in Section 279.11 must keep a record of each shipment of used oil to the facility to which the initial marketer delivers the used oil. The initial marketer does not need to keep a record of any subsequent transfers of the used oil. For example, the marketer does not need to keep records of subsequent used oil shipments that the fuel oil distributor makes to burners or other distributors (68 FR 44659, 44662; July 30, 2003). Is gasoline considered oil for the purposes of Part 112? Gasoline meets the definition of oil for the purposes of Part 112. Petroleum oils include substances such as asphalt, gasoline, and fuel oils (67 FR 47042, 47075; July 17, 2002). What types of activities may be conducted under a Brownfields Assessment grant? Brownfields Assessment grants provide funding to inventory, characterize, and assess brownfield sites, and conduct planning and community involvement related to the sites (CERCLA Section 104(k)(2)(A)(i)). In Part 370, the definition of hazardous chemical excludes any substance to the extent that it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. What does the phrase "present in the same form or concentration as a product packaged for distribution and use by the general public," mean for the purposes of this exemption? The phrase "present in the same form or concentration as a product packaged for distribution and use by the general public" is defined as a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public (Section 370.2). Pursuant to the risk management program (RMP) regulations, a facility owner/operator must conduct an off-site consequence analysis that includes modeling of a worst-case release. If a single process is comprised of several co-located vessels, must the total quantity in all the vessels be aggregated to determine the worst-case release quantity? A worst-case release is the release of the largest quantity of a regulated substance from a vessel or process line failure that results in the greatest distance to a specified endpoint (Section 68.3). For substances in vessels, a facility owner/operator must assume a release of the largest amount in a single vessel. Guidance on worst-case release scenarios is available in Section 2.2 of the Risk Management Program Guidance for Offsite Consequence Analysis (EPA550-B-99-009). CALL CENTER QUESTIONS AND ANSWERS RCRA 1. RECOGNITION OF A STATE VARIANCE FROM THE DEFINITION OF SOLID WASTE BY ANOTHER STATE A business generates a material from an industrial process that it partially reclaims but that must be reclaimed further before the material is completely recovered. The business sought and was granted a variance from the RCRA definition of solid waste for the material by its state implementing agency (40 CFR Section 260.30). The business would like to send the partially reclaimed material to an affiliate located in another state for further reclamation. However, the business is concerned that the material may be regulated in the receiving state because it was granted a state-specific variance from the definition of solid waste by the original state agency only. Is the implementing agency in the receiving state required to recognize the state- specific variance or is the material subject to RCRA regulation in the receiving state? If a material is granted a solid waste variance by one authorized state and is then shipped to another authorized state, the receiving state is not required to recognize the variance if it chooses not to do so; therefore, the material may be subject to RCRA regulation as a solid and hazardous waste in the receiving state. A variance may be granted by an authorized state based upon several regulatory criteria to be weighed by that state (Memo, Shapiro to Nosenchuck; June 19, 1996). However, a state is not required to recognize a variance granted by another state because an authorized state may always be more stringent in implementing its RCRA program. The facility that was granted the variance may request the receiving states to recognize the variance, and the granting of the variance by the original state may make a compelling argument for recognition by the receiving state. 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: RCRA in Focus: Construction, Demolition, and Renovation PUBLICATION DATE: September 2004 EPA ORDER NO.: EPA530-K-04-005 AVAILABILITY: Internet Only URL: www.epa.gov/epaoswer/hazwaste/id/infocus/rif-c&d.pdf This document discusses the regulatory status of construction and demolition (C&D) waste and ways to reduce, reuse, and recycle C&D waste. Most C&D debris is nonhazardous and is not regulated by EPA. However, many states have specific definitions of C&D debris that effectively determine what materials are allowed to be disposed of in nonhazardous waste landfills, C&D landfills, or incinerators. Although EPA does not regulate most C&D waste, they encourage efforts to keep the hazardous components of C&D waste out of landfills to conserve natural resources and protect human health and the environment. CERCLA TITLE: Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants PUBLICATION DATE: September 2004 EPA NO.: EPA500-F-04-253 AVAILABILITY: Internet Only URL: www.epa.gov/brownfields/applicat.htm This document provides guidance to eligible entities applying for Brownfields Assessment, Brownfields Revolving Loan Fund, and Brownfields Cleanup Grants. The Brownfields Assessment Grants provide funding to inventory, characterize, and assess brownfields, and to conduct planning and community involvement related to brownfields. The Brownfields Revolving Loan Fund Grants provide funding to capitalize revolving loan funds and provide subgrants to carry out cleanup activities at brownfields. The Brownfields Cleanup Grants provide funding to carry out cleanup activities at brownfields. TITLE: Superfund Environmental Indicators (EI) Guidance Manual PUBLICATION DATE: September 2004 OSWER DIRECTIVE NO.: 9300.3-31 AVAILABILITY: Internet Only URL: www.epa.gov/superfund/accomp/ei/guidance.htm This guidance manual provides an overview of Superfund's four environmental indicators: ground water migrations under control; human exposure to contamination under control; amount of contaminated media that has been treated, stabilized or removed; and number of people protected from immediate and long-term threats. It also provides relevant definitions and data requirements and describes how Superfund EI data is used to communicate cleanup progress. 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 "ADEQUACY OF MINNESOTA MUNICIPAL SOLID WASTE LANDFILL PROGRAM" September 10, 2004 (69 FR 54756) Minnesota applied for final approval of changes to its municipal solid waste permitting program under RCRA Section 4005(c)(1)(C), 42 U.S.C. 6945(c)(1)(C). EPA determined that these changes satisfy all requirements necessary for final approval and allowed Minnesota to adopt the state solid waste landfill permitting regulations through this rule. The final approval becomes effective November 9, 2004, unless EPA receives adverse comments by October 12, 2004. "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion" September 21, 2004 (69 FR 56357) EPA granted a petition submitted by American Chrome & Chemicals LP to exclude (i.e., delist) a certain solid waste generated by its Corpus Christi, Texas, 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. This final rule conditionally excludes the petitioned wastes from the hazardous waste requirements under RCRA when disposed of in a Subtitle D landfill. The effective date of this rulemaking is September 21, 2004. "Connecticut: Final Authorization of State Hazardous Waste Management Program Revisions" September 28, 2004 (69 FR 57842) Connecticut applied for final authorization of changes to its hazardous waste program under RCRA Section 3006(b), 42 U.S.C. 6926(b). EPA determined that these changes satisfy all requirements needed to qualify for final authorization and authorized the state's changes through this rule. The final authorization becomes effective on September 28, 2004. UST "Missouri: Final Approval of Missouri Underground Storage Tank Program" September 21, 2004 (69 FR 56363) Missouri applied for final approval of its Underground Storage Tank (UST) program under Subtitle I of RCRA. EPA determined that Missouri's UST program satisfies all of the requirements necessary to qualify for final approval and granted program approval through this rule. This final approval becomes effective on October 21, 2004. CERCLA "National Priorities List for Uncontrolled Hazardous Waste Sites" September 23, 2004 (69 FR 56949) EPA added two new sites to the General Superfund Section of the National Priorities List (NPL). The effective date of this rulemaking is October 25, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" September 27, 2004 (69 FR 57649) EPA announced the deletion of a portion of the Centre County Kepone Superfund Site from the NPL. The effective date of this rulemaking is November 26, 2004, unless EPA receives adverse comments by October 27, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" September 30, 2004 (69 FR 58322) EPA announced the deletion of the Love Canal Superfund Site from the NPL. The effective date of this rulemaking is September 30, 2004. PROPOSED RULES RCRA "Adequacy of Minnesota Municipal Solid Waste Landfill Program" September 10, 2004 (69 FR 54760) EPA proposed to grant final authorization to the solid waste permit program submitted by the State of Minnesota. EPA approved these changes as a direct final rule without prior proposal in the final rules section (69 FR 54756; September 10, 2004). The direct final rule provides a detailed rationale for approval. Unless adverse comments are received by October 12, 2004, the direct final rule will become effective November 9, 2004. "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Withdrawal" September 21, 2004 (69 FR 56382) EPA withdrew a proposed rule to grant a petition submitted by Teris, LLC to exclude (i.e., delist) a certain incineration ash generated by its El Dorado, Arkansas, facility from the lists of hazardous wastes. This notice removes the proposed rule published on September 23, 2003, for public review and comment (68 FR 55206). No further action on the proposed rule will be taken. CERCLA "National Priorities List for Uncontrolled Hazardous Waste Sites, Proposed Rule No. 41" September 23, 2004 (69 FR 56970) EPA proposed to add fourteen new sites to the General Superfund Section of the NPL. Comments must be received by November 22, 2004. "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List" September 27, 2004 (69 FR 57664) EPA announced its intent to delete a portion of the Centre County Kepone Superfund Site from the NPL. Comments must be received by October 27, 2004. NOTICES "Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal), EPA ICR Number 1360.07, OMB Control Number 2050-0068" September 17, 2004 (69 FR 56050) EPA announced that it has forwarded the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval: "Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal)," ICR Number 1360.07, OMB Control Number 2050-0068. The current expiration date for this ICR is October 31, 2004. Comments must be received by October 18, 2004. CERCLA "Notice of Public Meeting To Discuss Standards and Practices for All Appropriate Inquiries" September 7, 2004 (69 FR 54097) EPA announced that a meeting regarding the proposed standards and practices for conducting all appropriate inquiry will be held on October 20, 2004, in Washington, D.C. "National Oil and Hazardous Substance Pollution Contingency Plan (NCP) (Renewal), EPA ICR Number 1463.06, OMB Control Number 2050- 0096" September 13, 2004 (69 FR 55153) EPA announced that the following ICR has been forwarded to OMB for review and approval: "National Oil and Hazardous Substance Pollution Contingency Plan (NCP) (Renewal)," ICR Number 1463.06, OMB Control Number 2050-0096. The current expiration date for this ICR is October 31, 2004. Comments must be received by October 13, 2004. "Standards and Practices for All Appropriate Inquiries" September 17, 2004 (69 FR 56016) EPA extended the comment period for the proposed rule that would set federal standards and practices for conducting all appropriate inquiry (69 FR 52541; August 26, 2004). Comments must be received by November 30, 2004. "Notice of Public Meeting To Discuss Standards and Practices for All Appropriate Inquiries" September 21, 2004 (69 FR 56382) EPA announced that a meeting regarding the proposed standards and practices for conducting all appropriate inquiry will be held on November 18, 2004, in San Francisco, California. SPCC "Oil Pollution Prevention and Response; Non-Transportation- Related Onshore and Offshore Facilities" September 20, 2004 (69 FR 56182) EPA announced the availability of information that might be relevant to determining whether alternate regulatory requirements are appropriate for facilities under the Clean Water Act (CWA) that handle oil below a certain threshold amount. Comments must be received by November 19, 2004. "Oil Pollution Prevention and Response; Non-Transportation- Related Onshore and Offshore Facilities" September 20, 2004 (69 FR 56184) EPA announced the availability of information that might be relevant to determining whether alternate regulatory requirements for facilities with oil-filled and process equipment under the CWA would be appropriate. Comments must be received by November 19, 2004. ALL PROGRAMS "National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances; Notice of Public Meeting and Proposed AEGL Chemicals" September 3, 2004 (69 FR 53916) EPA announced that a meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held September 21 through 23, 2004, in Washington, D.C. The NAC/AEGL Committee will address acute toxicity and the development of AEGLs. "National Advisory Committee for Acute Exposure Guideline Levels (AEGLs) for Hazardous Substances, Proposed AEGL Values; Notice of Availability" September 7, 2004 (69 FR 54144) EPA announced the availability of the NAC/AEGL Committee's list of proposed AEGLs for fifteen chemicals. Comments must be received by October 7, 2004. "Agency Information Collection Activities OMB Responses" September 27, 2004 (69 FR 57689) This document announced OMB responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Specifically, ICR Number 1442.18, "Land Disposal Restrictions; in 40 CFR Sections 268.4, 268.5, 268.7, 268.9, 268.42, 268.44, and 268.50," was approved August 20, 2004. This ICR, OMB Control Number 2050-0085, expires August 31, 2007. Additionally on August 10, 2004, ICR Number 1425.05, "Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases Under CERCLA Section 123," and ICR Number 1922.02, "Storage, Treatment, Transportation, and Disposal of Mixed Waste (Final Rule)," was extended until November 30, 2004. On August 5, 2004, OMB filed comment on ICR Number 1773.07, "NESHAP for Hazardous Waste Combustors; in 40 CFR Part 63, Subpart EEE." SETTLEMENTS AND CONSENT DECREES "Proposed Settlement; Carolina Steel Drum Superfund Site" September 1, 2004 (69 FR 53442) "Consent Decree; United States, et al. v. City of Waukegan, Illinois, et al." September 1, 2004 (69 FR 53500) "Consent Decree; United States and State of Indiana v. Atlantic Richfield Company, ARCO Environmental Remediation, LLC., BP Products North America, Inc., E.I. du Pont De Nemours and Company, Exxon Mobil Corporation, GATX Corporation, Georgia- Pacific Corporation, Ispat Inland, Inc., and United States Steel Corporation" September 2, 2004 (69 FR 53736) "Consent Decree; United States v. Ralph Bello, et al." September 2, 2004 (69 FR 53736) "Consent Decree; United States v. Leonard Chemical Company, Inc., et al." September 2, 2004 (69 FR 53737) "Proposed Settlement; Ludlow Sand and Gravel Superfund Site" September 2, 2004 (69 FR 53737) "Proposed Settlement; Cal-Tech Metal Finishers Removal Superfund Site" September 8, 2004 (69 FR 54280) "Consent Decree; United States v. Monarch Greenback, LLC, et al." September 9, 2004 (69 FR 54702) "Proposed Settlement; 38th Street Radiation Removal Superfund Site" September 16, 2004 (69 FR 55817) "Consent Decree; United States v. Becton Dickinson AcuteCare Holdings, Inc., et al." September 23, 2004 (69 FR 57083) "Consent Decree; United States v. Becton Dickinson AcuteCare Holdings, Inc., et al." September 23, 2004 (69 FR 57083) "Consent Decree; United States v. Littleson, Inc., et al." September 23, 2004 (69 FR 57084) "Consent Decree; United States v. Old Dutch Mustard Company, Inc., d/b/a Pilgrim Foods" September 23, 2004 (69 FR 57084)