EPA540-R-06-013
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
September 2005
Services in support of OSRTI, OIAA, and OEM
National Toil-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.
Derrick Montford, Project Officer
U.S. Environmental Protection Agency Printed on
Washington, DC 20460 Recycled Paper
Availability
The complete text of the 1991 (November and December only) through December 2004 Monthly
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page at www.epa.gov/epaoswer/osw/infoserv.htm and select RCRA Monthly Reports. Reports
starting with January 2005 may be accessed at www.epa.gov/superfund/resources/infocenter/reports.htm.
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INFORMATION CENTER QUESTIONS & ANSWERS
RMP
1. Compliance Audits and Five-Year
Updates
The owner or operator of a stationary
source with a Program 2 or Program 3
process must conduct a compliance audit at
least every three years to ensure compliance
with the prevention program requirements
and must revise and update the risk
management plan (RMP) at least every five
years (§§68. 58, 68.79, 68.190(b)). Does the
five-year update satisfy the requirement to
conduct a compliance audit and reset the
"three-year clock" for conducting
compliance audits?
Owners or operators should ensure that
they are in compliance with all of the risk
management program regulations, including
the prevention program requirements, when
they update their RMPs. Furthermore, in
order to comply with the compliance audit
requirements, owners or operators must
develop a report of the audit findings and
document an appropriate response to each of
the findings (§§68.58, 68.79). Therefore,
owners or operators may be able to satisfy
the compliance audit requirements at the
time of the five-year update if they conduct
an audit to ensure compliance with the
prevention program requirements, develop a
report of the audit findings, and document
appropriate responses to each of the findings
in addition to submitting the actual RMP.
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FEDERAL REGISTERS
Availability
You may order copies of Federal Registers by calling the
Superfund, TRI, EPCRA, RMP & Oil Information Center
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
EPA Federal Registers from October 1994 to the present are accessible via the Internet at: www.epa.gov/fedrgstr
FINAL RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 1, 2005 (70 FR 52018)
EPA announced the withdrawal of the direct
final deletion of the Jones Sanitation
Superfund Site from the National Priorities
List (NPL) due to adverse comments. The
effective date of this rulemaking is
September 1, 2005.
"National Priorities List for
Uncontrolled Hazardous Waste
Sites"
September 14, 2005 (70 FR 54286)
EPA added seven new sites to the General
Superfund Section of the NPL. The
effective date of this rulemaking is October
14, 2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 21, 2005 (70 FR 55296)
EPA announced the partial deletion of the
East Tailing Area of the Tar Lake Superfund
Site from the NPL. The effective date of
this rulemaking is November 21, 2005,
unless EPA receives adverse comments by
October 21,2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 23, 2005 (70 FR 55774)
EPA announced the deletion of the Nutmeg
Valley Road Superfund Site from the NPL.
The effective date of this rulemaking is
September 23, 2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 23, 2005 (70 FR 55775)
EPA announced the deletion of the Jones
Sanitation Superfund Site from the NPL.
The effective date of this rulemaking is
September 23, 2005.
"Reimbursement to Local
Governments for Emergency
Responses to Hazardous
Substances Releases"
September 28, 2005 (70 FR 56576)
EPA announced a correction to the final
rule that streamlined the procedures used to
reimburse local governments for emergency
response costs (63 FR 8284; February 18,
1998). Specifically, EPA corrected the
address to mail the completed application
and supporting data and the telephone
numbers listed in 40 CFR Part 310,
Appendix II.
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Federal Registers
September 2005
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 30, 2005 (70 FR 57155)
EPA announced the deletion of the Batavia
Landfill Superfund Site from the NPL. The
effective date of this rulemaking is
November 29, 2005, unless EPA receives
adverse comments by October 31, 2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 30, 2005 (70 FR 57158)
EPA announced the partial deletion of the
Jacobs Smelter Superfund Site from the
NPL. The effective date of this rulemaking
is November 29, 2005 unless EPA receives
adverse comments by October 31, 2005.
PROPOSED RULES
CERCLA
"National Priorities List for
Uncontrolled Hazardous Waste
Sites, Proposed Rule No. 43"
September 14, 2005 (70 FR 54327)
EPA proposed to add seven new sites to
the General Superfund Section of the NPL.
Comments must be received by November
14, 2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 21, 2005 (70 FR 55329)
EPA announced its intent to partially delete
the East Tailing Area of the Tar Lake
Superfund Site from the NPL. Comments
must be received by October 21, 2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 30, 2005 (70 FR 57239)
EPA announced its intent to delete the
Batavia Landfill Superfund Site from the
NPL. Comments must be received by
October 31,2005.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 30, 2005 (70 FR 57239)
EPA announced its intent to partially delete
the Jacobs Smelter Superfund Site from the
NPL. Comments must be received by
October 31,2005.
NOTICES
EPCRA
"Addition of Diisononyl Phthalate
Category; Community Right-to-
Know Toxic Chemical Release
Reporting; Notice of Data
Availability; Extension of Comment
Period"
September 12, 2005 (70 FR 53752)
EPA extended the comment period for the
notice of data availability concerning a
proposed rule to add a diisononyl phthalate
category to the list of toxic chemicals
subject to the reporting requirements of
Section 313 of EPCRA and Section 6607 of
the Pollution Prevention Act. Comments
must be received by October 12, 2005.
"Agency Information Collection
Activities: Proposed Collection;
Comment Request; Emergency
Planning and Release Notification
Requirements (EPCRA Sections 302,
303, and 304); EPA ICR Number
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September 2005
Federal Registers
1395.06, OMB Control Number 2050-
0092"
September 12, 2005 (70 FR 53793)
EPA announced its plans to submit the
following Information Collection Request
(ICR) to the Office of Management and
Budget (OMB) for review and approval:
"Emergency Planning and Release
Notification Requirements (EPCRA
Sections 302, 303, and 304)," ICR Number
1395.06, OMB Control Number 2050-0092.
The current expiration date for this ICR is
February 28, 2006. Comments must be
received by November 14, 2005.
"Agency Information Collection
Activities: Proposed Collection;
Comment Request; The 2005
National Survey of Local Emergency
Planning Committees, EPA ICR
Number 1903.02, OMB Control
Number 2050-0162"
September 13, 2005 (70 FR 54044)
EPA announced its plans to submit the
following ICR to OMB for review and
approval: "The 2005 National Survey of
Local Emergency Planning Committees,"
ICR Number 1903.02, OMB Control
Number 2050-0162. Comments must be
received by November 14, 2005.
CROSS PROGRAM
"National Advisory Committee for
Acute Exposure Guideline Levels for
Hazardous Substances; Notice of
Public Meeting"
September 9, 2005 (70 FR 53658)
EPA announced that a meeting of the
National Advisory Committee for Acute
Exposure Guidelines Levels for Hazardous
Substances (NAC/AEGL Committee) will
be held on September 28 through 30, 2005,
in Washington, DC. The NAC/AEGL
Committee will address acute toxicity and
the development of acute exposure guideline
levels.
SETTLEMENTS AND CONSENT
DECREES
"Consent Decree; United States v.
Carrier Corporation"
September 1, 2005 (70 FR 52127)
"Consent Decree; United States v.
Novelis Corporation"
September 1, 2005 (70 FR 52128)
"Proposed Settlement; Anniston Lead
and Anniston PCB Superfund Sites"
September 2, 2005 (70 FR 52381)
"Consent Decree; United States v.
Reich hold Limited et al."
September 9, 2005 (70 FR 53690)
"Proposed Settlement; Omega Chemical
Superfund Site"
September 14, 2005 (70 FR 54380)
"Consent Decree; United States v.
Chevy Chase Cars, Inc., et al."
September 15, 2005 (70 FR 54570)
"Consent Decree; United States v. The
Oeser Company"
September 15, 2005 (70 FR 54571)
"Proposed Settlement; Lauli'i Cylinders
Superfund Removal Site"
September 16, 2005 (70 FR 54742)
"Consent Decree; United States v.
Massachusetts Bay Transportation
Authority"
September 22, 2005 (70 FR 55627)
"Consent Decree; United States v.
Tropical Fruit, S.E., et al."
September 22, 2005 (70 FR 55627)
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Federal Registers
September 2005
"Consent Decree; United States, v.
Union Corps., et al."
September 22, 2005 (70 FR 55628)
"Proposed Settlement; Old Pillsbury
Superfund Site"
September 27, 2005 (70 FR 56449)
"Consent Decree; In re Huffy Corp."
September 27, 2005 (70 FR 56490)
"Proposed Settlement; Ward
Transformer Superfund Site"
September 29, 2005 (70 FR 56896)
"Consent Decree; United States v. E.I.
Du Pont de Nemours and Company, et
al."
September 29, 2005 (70 FR 56931)
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