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
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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
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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
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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.
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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
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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.
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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.
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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
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.
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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)
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