[Sqg-program] FW: [callcenter_oswer] December 2003 Monthly Call Center Report

Perrigan, Glen sqg-program@lists.dep.state.fl.us
Wed, 18 Feb 2004 09:30:44 -0500


FYI... Q&A from RCRA, Superfund & EPCRA Call Center

-----Original Message-----
From: Patrick Madden [mailto:Madden_Patrick@bah.com]=20
Sent: Tuesday, February 17, 2004 12:30 PM
To: callcenter_oswer
Subject: [callcenter_oswer] December 2003 Monthly Call Center Report

The following is an update from the RCRA, Superfund & EPCRA Call Center.


EPA530-R-03-002l

MONTHLY CALL CENTER REPORT
December 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=20
Washington, DC  20460=20

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 =
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For example, leave-callcenter_oswer@lists.epa.gov


FREQUENTLY ASKED QUESTIONS

How must a small quantity generator (SQG) label containers used to
accumulate hazardous waste?

SQGs must comply with the labeling requirements in 40 CFR Section
262.34(a)(2) and (a)(3) when accumulating hazardous waste in containers
(Section 262.34(d)(4)).  Therefore, the date upon which each period of
accumulation begins must be clearly marked and visible for inspection on
each container (Section 262.34(a)(2)), and each container must be =
labeled
or marked clearly with the words, "Hazardous Waste" (Section
262.34(a)(3)).

What is considered a "lamp" for purposes of the universal waste
regulations in 40 CFR Part 273?

A "lamp" is defined as the bulb or tube portion of an electric lighting
device that is specifically designed to produce radiant energy, most =
often
in the ultraviolet, visible, and infra-red regions of the =
electromagnetic
spectrum.  Examples of common electric lamps that may be classified as
universal waste lamps include, but are not limited to, fluorescent, high
intensity discharge, neon, mercury vapor, high pressure sodium, and =
metal
halide lamps (Section 273.9).

Is the presence of polychlorinated biphenyls (PCBs) one of the criteria
for determining whether used oil meets the fuel specifications in 40 CFR
Section 279.11?

The presence of PCBs is not one of the criteria for determining whether
used oil meets the used oil fuel specifications in Section 279.11.  The
concentration of PCBs is, however, relevant to determining whether a =
used
oil fuel is subject to the RCRA used oil management standards in Part =
279
when burned for energy recovery and also for determining what =
regulations
apply under the Toxic Substances Control Act requirements in Part 761 =
(68
FR 44659, 44660; July 30, 2003).

Is a generator of hazardous waste that is exempted or excluded from RCRA
requirements subsequent to the point of generation subject to the land
disposal restrictions (LDR) recordkeeping requirements?

If a generator determines that the waste is exempted or excluded from
Subtitle C regulation in 40 CFR Sections 261.2 through 261.6 subsequent =
to
the point of generation, then a one-time notice describing such
generation, subsequent exclusion from the definition of solid or =
hazardous
waste, and the disposition of the waste must be placed in the facility's
on-site files (Section 268.7(a)(7)).

What level of effectiveness must a dispersant attain in order to be =
added
to the National Contingency Plan (NCP) Product Schedule?

A dispersant must attain an effectiveness value of 45 percent or greater
in order to be added to the NCP Product Schedule (40 CFR Sections
300.915(a)(7) and 300.920(a)).

What type of actions are eligible for Fund monies under CERCLA?

Only those releases included on the National Priorities List (NPL) are
eligible for Fund-financed remedial actions.  However, Fund-financed
removal actions, including remedial planning activities, remedial
investigation and feasibility studies, and other actions taken pursuant =
to
CERCLA Section 104(b), are not limited to NPL sites (40 CFR Section
300.425(b)(1)).


CALL CENTER QUESTIONS AND ANSWERS

RCRA

1. Scope of the Shredded Circuit Boards Exclusion

 Under 40 CFR Section 261.4(a)(14), shredded circuit boards stored in
containers prior to recovery are excluded from the definition of solid
waste.  The scope of the exclusion is limited to shredded boards that =
are
free of mercury switches, mercury relays, nickel-cadmium batteries, and
lithium batteries.  If a batch of whole circuit boards contains any of
these items, but the items are removed prior to shredding, are the
shredded circuit boards eligible for the Section 261.4(a)(14) exclusion?

 Circuit boards that have mercury switches, mercury relays, =
nickel-cadmium
batteries, and lithium batteries removed prior to shredding, and that =
are
containerized prior to recycling, are eligible for the exclusion in
Section 261.4(a)(14).  EPA limited the scope of the exclusion to circuit
boards free of these items to prevent potential releases of mercury,
cadmium, and lithium to the environment.  "Free of," however, does not
mean that the whole circuit boards never contained these items; it =
simply
means these items were not part of the batch of circuit boards when
shredded (62 FR 26013; May 12, 1997).  If these items are removed from =
the
whole circuit boards prior to shredding, the boards remain within the
scope of the exclusion.  On the other hand, shredded circuit boards that
are not free of mercury switches, mercury relays, nickel-cadmium
batteries, and lithium batteries are solid wastes and potentially
hazardous wastes when recycled.

2. Off-Site Shipments of Hazardous Waste to Designated Facilities

 A large automobile manufacturing corporation owns several factories
nationwide, including five facilities that generate hazardous waste.=20
These facilities typically generate more than 1000 kg of hazardous waste
per calendar month and comply with the large quantity generator (LQG)
standards in 40 CFR Part 262.  All of these facilities accumulate their
hazardous waste in containers for 90 days or less before sending it off
site to a permitted treatment, storage, and disposal facility (TSDF).  =
If
one of the facilities has extra container storage space during one =
month,
can it accept hazardous waste from one of the corporation's other
facilities before shipping all of the waste to a permitted TSDF?

 A generator cannot accept a shipment of hazardous waste from another
company location, unless the receiving generator is a designated =
facility.
 A designated facility is defined as any hazardous waste TSDF which has
received a permit or interim status or a recycling facility that is
regulated under Section 261.6(c)(2) or Part 266, Subpart F (Section
260.10).  A generator that is subject to the requirements in Part 262 =
must
prepare a hazardous waste manifest for any off-site shipment of =
hazardous
waste.  On that manifest, the generator must designate a facility that =
is
permitted to handle its hazardous waste (Section 262.20(b)).  Thus, once =
a
generator sends hazardous waste off site, it must be destined for a
designated facility.  In this example, the generator cannot accept
additional hazardous waste from off site because it does not meet the
definition of designated facility.

3. Recordkeeping Requirements for Owners or Operators Assuming Generator
Responsibilities

 An individual operates a dry cleaning business that has been generating
hazardous waste since 1980.  A new owner buys the facility in June 2003
and assumes the generator responsibilities, which includes keeping =
records
of hazardous waste activities (e.g., signed manifests) for at least =
three
years from the time the waste was first sent off site (40 CFR Section
262.40).  Must the new owner or operator keep the records from the
previous generator's activities for a period of three years or does the
new owner or operator begin the recordkeeping process on the date the
individual becomes the generator (i.e., June 1, 2003)?

 The new owner or operator must maintain records from the previous three
years of activities at the site, not three years from the date on which
the individual assumes the generator responsibilities.  The requirement =
to
have generators retain records of previous site activity for three years
is not an unreasonable burden since most generators opt to keep copies =
for
their own records.  These records may demonstrate proper management of =
the
waste by the generator should there be a problem in subsequent
transportation, handling, or disposal (51 FR 10146, 10159; March 24,
1986).  Therefore, in this scenario, records of hazardous waste sent off
site from this facility in March 2002, prior to the ownership change,
should remain in the new owner's records until March 2005.


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  =20
Local: (703) 412-9810
TDD National Toll-Free No.: (800) 553-7672  =20
Local: (703) 412-3323

RCRA

TITLE: Be Waste Aware-Waste Reduction Resources and Tools for Students
PUBLICATION DATE: November 2003
AVAILABILITY: Internet Only
EPA ORDER NO.: EPA530-F-03-056
URL: www.epa.gov/epaoswer/education/pdfs/resource.pdf

This fact sheet discusses municipal solid waste and provides information
that can be used for an environmental science class, a science fair
project, or to help start a waste reduction program in a school or
community.  The resources also provide information to better understand
the type, amount, and impact of solid waste in the world.

EPCRA

TITLE: Tier2 Submit 2003
AVAILABILITY: Internet Only
EPA ORDER NO.: NA
URL: yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm

Tier2 Submit is a software program developed by EPA and the National
Oceanic Atmospheric Administration for use by facilities to enter and
submit EPCRA Section 312 chemical information, commonly known as Tier II
reports.  In addition, Tier2 Submit 2003 has new features, meets
participating state's chemical inventory reporting requirements, and =
will
be fully compatible with the new release of CAMEOfm.

TITLE: Fact Sheet: Tier2 Submit 2003
PUBLICATION DATE: September 2003
AVAILABILITY: Internet Only
EPA ORDER NO.: EPA550-F-03-002
URL: yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm

This fact sheet provides an overview of the Tier2 Submit 2003 software
that is available for EPCRA Section 312 chemical inventory reporting.


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.=20
For selected EPCRA Federal Registers, choose: Toxic Release Inventory.=20
For CAA Section 112(r) Federal Registers, choose: Air.

FINAL RULES

RCRA

Louisiana: Final Authorization of State Hazardous Waste Management =
Program
Revisions
December 9, 2003 (68 FR 68526)

Louisiana 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.  This final authorization becomes effective on February 9, 2004,
unless adverse comments are received by January 8, 2004.

PROPOSED RULES

RCRA

Hazardous Waste Management Program: Final Authorization of State =
Hazardous
Waste Management Program Revisions for State of Louisiana
December 9, 2003 (68 FR 68585)

EPA proposed to grant final authorization to the hazardous waste program
revisions submitted by the State of Louisiana.  EPA authorized the =
state's
program revisions as a direct final rule without prior proposal in the
final rules section (68 FR 68526; December 9, 2003).  The direct final
rule provides a detailed rationale for authorization.   Unless adverse
comments are received by January 8, 2004, the direct final rule will
become effective February 9, 2004.

Comprehensive Procurement Guideline V for Procurement of Products
Containing Recovered Materials
December 10, 2003 (68 FR 68813)

EPA proposed an amendment to the Comprehensive Procurement Guidelines
(CPG) under RCRA and the Executive Order Greening the Government Through
Waste Prevention, Recycling, and Federal Acquisition.  Specifically, EPA
proposed to revise the current compost designation to include compost =
made
from manure or biosolids and designated fertilizers made from recovered
organic materials.  EPA also proposed to consolidate all compost
designations as one item called "compost made from recovered organic
materials."  Comments must be received by February 9, 2004.

Proposed Revisions to the Definition of Solid Waste-Extension of Comment
Period
December 29, 2003 (68 FR 74907)

EPA extended the comment period until February 25, 2004, for the =
proposed
rule entitled Revisions to the Definition of Solid Waste, originally
published in the Federal Register on October 28, 2003 (68 FR 61558).

CERCLA

Reportable Quantity Adjustments for Carbamates and Carbamate-Related
Hazardous Waste Streams; Reportable Quantity Adjustment for Inorganic
Chemical Manufacturing Processes Waste (K178)
December 4, 2003 (68 FR 67915)

EPA proposed reportable quantity (RQ) adjustments for 28 individual
carbamates and 5 carbamate-related hazardous waste streams listed as
hazardous wastes under RCRA and as hazardous substances with one-pound
statutory RQs under CERCLA.  In addition, EPA proposed to adjust the
one-pound statutory RQ of K178.  Comments must be received by February =
2,
2004.

ALL PROGRAMS

Fall 2003 Regulatory Agenda
December 22, 2003 (68 FR 73540)

EPA published the Semiannual Regulatory Agenda to update the public =
about
regulations and major policies currently under development, reviews of
existing regulations and major policies, and regulations and major
policies completed or canceled since the last Agenda.

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
December 1, 2003 (68 FR 67614)

EPA's Science Advisory Board (SAB) Staff Office announced that a public
teleconference meeting of the Multimedia, Multipathway, and =
Multireceptor
Risk Assessment (3MRA) Modeling System Panel will be held from 1:00 PM =
to
5:00 PM EST on December 15, 2003.

Recovered Materials Advisory Notice V
December 10, 2003 (68 FR 68919)

EPA issued a Recovered Materials Advisory Notice (RMAN) V to accompany =
the
CPG V published in the proposed rules section (68 FR 68813; December 10,
2003).  The RMAN provides guidance to procuring agencies for purchasing
certain items containing recovered materials.  Comments must be received
by February 9, 2004.

Interagency Project To Clean Up Open Dumps on Tribal Lands: Request for
Proposals
December 15, 2003 (68 FR 69684)

EPA's Tribal Solid Waste Interagency Workgroup solicited proposals for =
the
Tribal Open Dump Cleanup Project.  The purpose of the Cleanup Project is
to assist with closing or upgrading tribal high-threat waste disposal
sites and providing alternative disposal and integrated solid waste
management.  Proposals must be received by January 30, 2004.

CERCLA

Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance
for State and Tribal Response Programs
December 9, 2003 (68 FR 68619)

EPA announced that it will accept requests for grants to supplement =
State
and Tribal Response Programs from December 1, 2003, through January 31,
2004.  This notice provides guidance on eligibility for funding, use of
funding, grant mechanisms and the process for awarding funding, the
allocation system for distribution of funding, and terms and reporting
requirements under these grants.

Agency Information Collection Activities: Proposed Collection; Comment
Request; Notification of Episodic Releases of Oil and Hazardous
Substances, EPA ICR Number 1049.10, OMB Control Number 2050-0046
December 12, 2003 (68 FR 69397)

EPA announced that it is planning to submit the following Information
Collection Request (ICR) to the Office of Management and Budget (OMB):
Notification of Episodic Releases of Oil and Hazardous Substances, ICR
Number 1049.10, OMB Control Number 2050-0046.  This ICR is a request to
renew an existing approved collection that is scheduled to expire on =
April
30, 2004.  Before submitting the ICR to OMB, EPA is soliciting comments,
which must be received by February 10, 2004.

Federal Agency Hazardous Waste Compliance Docket
December 15, 2003 (68 FR 69685)

EPA announced the eighteenth update of the Federal Agency Hazardous =
Waste
Compliance Docket consisting of federal facilities that manage hazardous
waste or from which hazardous substances have been or may be released.=20
This list is current as of August 14, 2003.

EPCRA

Toxic Chemical Release Reporting; Notice of On-Line Dialogue; Extension =
of
Comment Period
December 30, 2003 (68 FR 75237)

EPA extended the comment period for the stakeholder dialogue regarding
options for reducing the burden on the regulated industry associated =
with
the Toxic Release Inventory (TRI) program until February 4, 2004.  EPA =
has
revised Appendix B of the Stakeholder Dialogue on Burden Reduction =
Options
white paper to reflect the latest TRI data.  In addition, two new tables
have been added to Appendix B to show the impact on the number of forms
and facilities affected by modifying the waste management activities
included in the annual reportable amount threshold for Form A
Certification Statement eligibility.

SETTLEMENTS AND CONSENT ORDERS

Proposed Settlement; Chevron Chemical Company Superfund Site
December 3, 2003 (68 FR 67673)

Proposed Administrative Settlement; Master Metals Superfund Site
December 3, 2003 (68 FR 67673)

Consent Decree; U.S. v. Pharmacia Corporation, et al.
December 3, 2003 (68 FR 67700)

Proposed Administrative Agreement; Marina Cliffs/Northwestern Barrel =
Site
December 4, 2003 (68 FR 67848)

Proposed Administrative Settlement; Weld County Waste Disposal Site
December 4, 2003 (68 FR 67848)

Proposed Prospective Purchaser Agreement; Riverfront Superfund Site
December 8, 2003 (68 FR 68388)

Proposed Settlement Agreements; Philip Services Corporation
December 11, 2003 (68 FR 69089)

Proposed Settlement; American Woodcraft Superfund Site
December 17, 2003 (68 FR 70255)

Proposed Agreement; Polar Star Superfund Removal Site
December 17, 2003 (68 FR 70255)

Consent Decree; United States v. Ralph L. Lowe, et al.
December 18, 2003 (68 FR 70534)

Consent Decree; United States v. Island Chemical Company, et al.
December 18, 2003 (68 FR 70553)
Proposed Administrative Settlement; Lagoon Drive Chemicals Removal Site
December 22, 2003 (68 FR 71105)

Proposed Administrative Settlement; Broad Brook Mill Superfund Site
December 24, 2003 (68 FR 74578)

Proposed Administrative Settlement; Old Colony Railroad Superfund Site
December 29, 2003 (68 FR 74960)=20

Proposed Settlement; T.H. Agriculture & Nutrition Company Superfund Site
December 29, 2003 (68 FR 74960)

Consent Decree; United States v. William J. Gallagher
December 29, 2003 (68 FR 74970)

Consent Decree; United States of America v. Erwin Grant and Real =
Property
December 29, 2003 (68 FR 74971)

Consent Decree; United States v. Ponderosa Fibres of America, Inc., et =
al.
December 29, 2003 (68 FR 74971)


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