EPA-540-R-06-071
                  Superfund, TRI, EPCRA, RMP & Oil
                  Information Center Monthly Report
                                  February 2006


                     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. EP-W-06-018.

             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
Call Center Reports may be accessed from the Internet. Go to EPA's Information Resources
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/infocenter/reports.htm.

The Information Center maintains an electronic mailing list named callcenter_oswer.
Subscribers receive Information Center announcements and Monthly Reports via e-mail at no
charge.

•  To subscribe to the Information 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

-------
                            Questions and Answers
SUPERFUND

Q: Where can I find the national Soil
Screening Levels?

A: The Soil Screening Guidance is a tool
that EPA developed to help standardize and
accelerate the evaluation and cleanup of
contaminated soils at sites on the National
Priorities List (NPL) with anticipated future
land use scenarios.  This guidance provides
a methodology for environmental
science/engineering professionals to
calculate risk-based, site specific, soil
screening levels (SSLs), for contaminants in
soil that may be used to identify areas
needing further investigation at NPL sites.
The initial Soil Screening Guidance focused
strictly on the resident land use scenario, a
2002 supplement to the guidance broadened
coverage to include non residential land uses
and an updated approach for dermal
exposures associated with the residential
exposures.

Appendix A of the Soil Screening Guidance:
Technical Background Document provides
generic SSLs for 110 chemicals that are
common contaminants found at NPL sites.
Generic SSLs were derived using default
values in the standardized equations
presented in the Technical Background
document. The default values (listed in
Table A-2) are conservative and are likely to
be protective for the majority of site
conditions across the nation. However, the
generic SSLs are not necessarily protective
of all known human exposure pathways,
reasonable land uses, or ecological  threats.
Thus, before applying generic  SSLs at a site,
it is extremely important to compare the
conceptual site model described in  the Soil
Screening Guidance: User's Guide with the
assumptions behind the SSLs to ensure that
the site conditions and exposure pathways
match those used to develop generic SSLs.
If this comparison indicates that the site is
more complex than the SSL scenario, or that
there are significant exposure pathways not
accounted for by the SSLs, then generic
SSLs are not sufficient for a full evaluation
of the site. A more detailed site-specific
approach will be necessary to evaluate the
additional pathways or site conditions.
Furthermore, the generic SSL table in
Appendix A of the Technical Background
Document has not been updated and does
not reflect the changes that comprise the
updated guidance. For these reasons and
because site and chemical specific
characteristics can impact the inhalation and
leaching to ground water pathway, EPA
strongly supports the use of the simple  site-
specific approach rather than generic values
found in Appendix A.

Information about the Soil Screening
Guidance is available at:

www.epa.gov/superfund/resources/soil/inde
x.htm

TRI

Q: Are diesel, gasoline, and fuel oils
reportable under EPCRA §313?

A: Although diesel, gasoline, and fuel oils
are not listed as TRI toxic chemicals, these
products contain listed toxic chemicals  that
may be reportable under EPCRA §313, if
applicable activity thresholds are met. An
EPCRA Section 313 listed toxic chemical
that is a constituent of a fuel that is
combusted on-site is being "otherwise used"
(62 FR 23834, 23851; May 1, 1997).  In
addition, the combustion of fuels can cause
listed toxic chemicals to be generated, or
"manufactured.  "  Toxic chemicals in fuel
that are prepared for distribution in

-------
February 2006
                     Questions and Answers
commerce are "processed."  For example,
toxic chemicals in fuel contained in
automobiles that are sold by a facility are
considered toward the processing threshold.

Estimated concentrations of toxic chemical
constituents in crude oil and various
petroleum products can be found in Table 3-
4 of the Electricity Generating Facilities
EPCRA Section 313 Industry Guidance
(EPA 745-B-00-004), in Table 2-2 of the
Guidance for Reporting Toxic Chemicals:
Polycyclic Aromatic Compounds Category
(EPA 260-B-01-03), and in Table 4-8 of the
Guidance for Reporting Releases and Other
Waste Management Quantities of Toxic
Chemicals: Lead and Lead Compounds.

Estimated quantities of certain toxic
chemicals manufactured as a result of fuel
combustion are  provided in Tables 3-8, 3-9,
and 3-11  in the Electricity Generating
Facilities Guidance and in Table 2-3  of the
Polycyclic Aromatic Compounds
Guidance.*  Additional toxic chemical
emissions estimates from fuel combustion
are provided in the Compilation of Air
Pollutant Emission Factors (AP 42) and
other resources  available through EPA's
Clearing House for Inventories and
Emissions Factors
(www.epa.gov/ttn/chief/efpac/abefpac.html).

EPCRA

Q: How should a person determine whether
very similar combinations of hazardous
chemicals (e.g., different colors of paint or
different blends of gasoline) that have
separate MSDSs (Material Safety Data
Sheet) should be aggregated for Tier II
reporting?

A: The owner or operator of a facility may
make  the EPCRA §§311  and 312 threshold
determination for a hazardous chemical that
is a mixture of non-EHS hazardous
chemicals based on either the total  quantity
of each component of the mixture or the
total quantity of the mixture itself. If the
owner or operator chooses to make the
threshold determination based on the
mixture as a whole, he or she is required to
aggregate all amounts of the same mixture
present throughout the facility. This
aggregation obligation requires
owners/operators to determine if hazardous
chemical combinations present at their
facility are the "same" mixture or are
"different" mixtures.

In general, "different" mixtures are
represented by different MSDSs. However,
the fact that a facility has two or more
MSDSs for its chemical combinations does
not necessarily mean that these
combinations are considered "different"
mixtures. For example, if a facility receives
multiple MSDSs for essentially the  same
material simply because the mixture is
provided by different suppliers, all quantities
of the mixture present at the facility must be
aggregated for mixture threshold
determinations. Conversely, if two or more
chemical combinations are represented by
different MSDSs and present different
physical or health hazards, they would not
be aggregated for §§311/312 purposes.
Beyond this, the facility owner/operator
must determine, based on professional
judgement, if the two materials present the
same physical/health hazards and are
sufficiently similar to warrant aggregation as
the "same" mixture.

Once a facility owner/operator has made a
compliance determination and identified
which  hazardous chemicals must be
reported, questions about whether similar
mixtures may be reported together on a Tier
II report should be directed to the
appropriate State Tier II contact.

-------
Questions and Answers
                            February 2006
Q: When using EPA 's Tier2 Submit software
to comply with the annual Hazardous
Chemical Inventory reporting requirement
under EPCRA §312, how can a person
withhold confidential chemical location
information from disclosure to the public?

A: In order to fulfill the proper reporting
under EPCRA, a facility owner or operator
using Tier2 Submit to complete a Tier II
report with "confidential" storage locations
must also submit a Confidential Location
Information Sheet to the SERC, LEPC, and
fire department. This form is used by the
authorities to verify actual locations for
audits and emergencies  and not by public
citizens.

Q: If the Material Safety Data  Sheet (MSDS)
and label for a particular liquid hazardous
chemical does not indicate the  weight of the
substance, how should the facility owner or
operator make threshold and applicability
determinations for EPCRA §312  (Tier II)
Reporting?

A: If a liquid is not labeled in pounds, its
weight can be calculated by multiplying the
liquid's volume by its density.  The density
(mass per unit volume) should  be noted on
the MSDS. If the liquid's density is not
indicated on the MSDS, the facility owner or
operator may estimate the weight based on
the density of water (8.3 pounds per gallon,
or 2.2 pounds per liter),  when making
EPCRA§312 threshold determinations.
 Q: The Tier II Hazardous Chemical
 Inventory form, used to meet annual EPCRA
 §312 reporting requirements, requires
facility owners or operators to note whether
 reported hazardous chemicals are present
 at, above, or below ambient temperature.
 For temperatures below ambient, the form
 distinguishes between  "less than ambient
 temperature but not cryogenic " and
 "cryogenic conditions. " What is considered
 cryogenic conditions?

 A: Some gases are stored under "cryogenic
 conditions," which means that they are
 stored at very low temperatures (-130
 degrees Fahrenheit or less). Examples of
 gases that may be stored this way include
 air, argon, carbon monoxide, ethylene,
 fluorine, helium, hydrogen, methane,
 nitrogen, and oxygen.

 OIL POLLUTION PREVENTION

 Q: If a gas station that has less than 42,000
 gallons completely buried oil storage
 capacity and no aboveground oil storage
 capacity installs a new aboveground tank
 with a capacity greater than 1,320 gallons,
 must the facility's Spill Prevention, Control,
 and Countermeasure (SPCC) Plan address
 the underground storage tanks in addition to
 the AST?

 A: Once a facility is subject to the  SPCC
 rule, all aboveground containers and
 completely buried tanks are subject to the
 rule requirements, unless these containers
 are otherwise exempt from the regulation.
 Under §112.1(d)(4), the SPCC rule exempts
 completely buried storage tanks, as well as
 connected underground piping, underground
 ancillary equipment, and containment
 systems, when such tanks are subject to all
 of the technical requirements of 40 CFR Part
 280 or a state program approved under 40
 CFR Part 281 (the Underground Storage
 Tank regulations).  Although these tanks are
 exempt from the SPCC requirements, they

-------
February 2006	Questions and Answers

must still be marked on the facility diagram
if the facility is otherwise subject to the
SPCC rule (§112.7(a)(3)). For additional
information about the SPCC rule, see the
rule text at 40 CFR Part 112 and the SPCC
Guidance for Regional Inspectors which is
available at
www.epa.gov/oilspill/guidance.htm.

-------
                                New Publications
How to order...
           For publications available from NTIS, call (800) 553-6847 or (703) 605-6000, or write to
   NTIS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document.
     For publications available from NSCEP, call (800) 490-9198 or write to USEPA/NSCEP, PO Box 42419,
            Cincinnati, OH 45242-0419.  Use the EPA Order Number listed under the document.
TRI

TITLE: Toxic Chemical Release Inventory
Reporting Forms and Instructions; Revised
2005
PUBLICATION DATE: January 2006
AVAILABILITY: Internet
EPA No.: EPA260-B-06-001
URL: www.epa.gov/tri/report

This document provides general guidance on
completing and submitting the Form R and
Form A Certification Statement under
EPCRA §313.  Reporting Year 2005 forms,
included in this document, must be
submitted by July 1, 2006.
TITLE: TRI-Made Easy (TRI-ME) software
PUBLICATION DATE: January 2006
AVAILABILITY: Internet
EPA No.: NA
URL: www.epa.gov/tri/report

The TRI-ME software is a tool to help
facilities comply with EPCRA §313
reporting obligations. The software helps
prospective reporters in determining if they
need to submit Form R Reports or Form A
Certification Statements, preparing EPCRA
§313 submissions, and submitting the forms
electronically. In addition, the software
includes the Toxic Release Inventory
Assistance Library (TRIAL), which contains
current TRI guidance documents to aid
facilities in reporting.

-------
                         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
OIL POLLUTION PREVENTION

"Oil Pollution Prevention; Non-
 Transportation Related Onshore
 Facilities"
 February 17, 2006 (71 FR 8462)

 EPA announced an extension of the dates
by which facilities must prepare or amend
SPCC Plans, and implement those Plans.
The effective date of this rulemaking is
February 17, 2006.
              NOTICES
SUPERFUND
"Availability of Final Toxicological
 Profiles"
 February 23, 2006 (71 FR 9345)

 EPA announced the availability of one new
and seven updated final lexicological
profiles of priority hazardous substances
prepared by the Agency for Toxic
Substances and Disease Registry.
EPCRA

"Agency Information Collection
 Activities; Submission to OMB for
 Review and Approval; Comment
 Request; Emergency Planning and
 Release Notification Requirements
 Under Emergency Planning and
 Community Right-to-Know Act
 Sections 302, 303, and 304
 (Renewal), EPA ICR Number
 1395.06, OMB Control Number 2050-
 0092"
 February 1, 2006 (71 FR 5315)

 EPA announced that the following
Information Collection Request (ICR) has
been forwarded to the Office of
Management and Budget (OMB) for review
and approval: "Emergency Planning and
Release Notification Requirements Under
Emergency Planning and Community Right-
to-Know Act Sections 302, 303, and 304
(Renewal)," EPA 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 March 3, 2006.

-------
Federal Registers
                         February 2006
CROSS-PROGRAM

"National Advisory Committee for
 Acute Exposure Guideline Levels for
 Hazardous Substances; Notice of
 Charter Renewal"
 February 15, 2006 (71 FR 7937)

 EPA announced that the charter for EPA's
National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous
Substances (NAC/AEGL) has been renewed
for an additional two-year period, in
accordance with the provisions of the
Federal Advisory Committee Act (FACA), 5
U.S.C. App. 2 sec. 9(c). The purpose of
NAC/AEGL is to provide advice and
recommendations to the EPA Administrator
on issues associated with the development of
acute exposure guideline levels for
hazardous substances for use in chemical
emergency programs.
    SETTLEMENT AND CONSENT
         DECREE NOTICES
"Consent Decree; United States v.
 Adeline R. Bennett, MD Living Trust
 and Pitts Grandchildren's Trust'
 February 1, 2006 (71 FR 5379)

"Consent Decree; United States v.
 Quaker City, Inc."
 February 1, 2006 (71 FR 5380)

"Consent Decree; United States v. Air
 Products and Chemicals, Inc., et al."
 February 9, 2006 (71 FR 6791)

"Consent Decree; United States v. RSR
 Corp., et al."
 February 9, 2006 (71 FR 6792)
"Consent Decree; United States, etal. v.
 Schlumberger Technology
 Corporation"
 February 9, 2006 (71 FR 6792)

"Consent Decree; United States v. Zidell
 Marine Corporation"
 February 9, 2006 (71 FR 6792)

"Proposed Settlement; Davenport and
 Flagstaff Smelters Superfund Site"
 February 14, 2006 (71 FR 7776)

"Proposed Settlement; Union Creosoting
 Superfund Site"
 February 15, 2006 (71 FR 7959)

"Consent Decree; United States v.
 Exxon Mobile Corporation, et al."
 February 15, 2006 (71 FR 7998)

"Proposed Settlement; Grand  Junction
 Anti-Freeze Superfund Site"
 February 16, 2006 (71 FR 8303)

"Proposed Settlement; SRS Superfund
 Site-
 February 24, 2006 (71 FR 9598)

"Consent Decree; United States v.
 Ryder System, Inc."
 February 24, 2006 (71 FR 9598)

"Proposed Settlement; Western
 Minerals Superfund Site"
 February 27, 2006 (71 FR 9822)

-------