EPA-540-R-06-075
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
June 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
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Questions and Answers
SUPERFUND
Q: CERCLA §103(a) and 40 CFR §302.6(a)
require that any person in charge of a
facility must immediately notify the National
Response Center (NRC) as soon as he or she
has knowledge of a release of a hazardous
substance from the facility in a quantity
equal to or exceeding the reportable
quantity (RQ) in any 24-hour period. Must
the person in charge of a facility notify the
NRC if contaminated soil containing an RQ
amount or more of a hazardous substance is
moved from one location to another on-site
location?
A: Moving a hazardous substances that is
already on or in the ground to another
location in the environment is a release. If
an RQ amount or more of a hazardous
substance is released in any 24-hour period,
the person in charge of the facility must
immediately notify the NRC (40 CFR
§302.6(a)). There is no exemption from the
release notification requirements for a
hazardous substance that was previously
released onto the ground if the substance is
subsequently moved and released at another
on-site location. For example, moving a
hazardous substance located on or in the
ground at a CERCLA National Priorities
List (NPL) site to another location at the site
technically constitutes a release and must be
reported to the NRC if the release is in an
amount equal to or exceeding an RQ.
TRI
Q: If a TRI submission included an incorrect
toxic chemical identity, may the facility
submit a revision with the correct toxic
chemical identity?
A: No, if a facility reported the wrong
chemical identity on a Form R or Form A,
the facility must withdraw its submission
with the incorrect toxic chemical name and
submit a new Form R or Form A with the
correct toxic chemical identity. The facility
may not submit a revision to correct the
toxic chemical identity.
RMP
Q: If an RMP covered facility replaces a
storage tank that is a covered process with a
new tank containing the same regulated
substance, is this considered to be a
modification of an existing process, or a new
process?
A: Assuming the new tank contains the
same substance and occupies the same
location as the previous tank, this would
generally be considered a modification to an
existing process.
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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
SUPERFUND
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Update"
June 22, 2006 (71 FR 35810)
EPA announced the deletion of the Dixie
Oil Processors, Inc. Superfund Site from the
National Priorities List (NPL). The
effective date of this rulemaking is August
21, 2006, unless EPA receives adverse
comments by July 24, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
June 22, 2006 (71 FR 35813)
EPA announced the deletion of the Davie
Landfill Superfund Site from the NPL. The
effective date of this rulemaking is August
21, 2006, unless EPA receives adverse
comments by July 24, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Update"
June 23, 2006 (71 FR 36015)
EPA announced the deletion of the Brio
Refining, Inc. Superfund Site from the NPL.
The effective date of this rulemaking is
August 22, 2006, unless EPA receives
adverse comments by July 24, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
June 23, 2006 (71 FR 36019)
EPA published a technical correction to the
June 22, 2000, final notice of partial deletion
of the Motor Wheel Disposal Superfund Site
due to errors that were published in that final
rule and in the NPL in 40 CFR Part 300,
Appendix B (65 FR 38774). The effective
date of this rulemaking is June 23, 2006.
TRI
"Community Right-to-Know; Toxic
Chemical Release Reporting Using
North American Industry
Classification System (NAICS); Final
Rule"
June 6, 2006 (71 FR 32464)
EPA announced that beginning with
reporting year 2006 (RY06), facilities must
refer to North American Industry
Classification System (NAICS) codes to
determine TRI reporting applicability
instead of the previously used Standard
Industrial Classification (SIC) codes.
Additionally, facilities will be required to
report their primary and secondary NAICS
codes. Because the SIC and NAICS systems
differ in the way they assign codes to
auxiliary establishments, EPA changed its
interpretation of the applicability of TRI
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Federal Registers
June 2006
reporting requirements to these auxiliary
facilities. EPA also took this opportunity to
expand the owners of leased property
exemption. The effective date of this
rulemaking is August 7, 2006.
PROPOSED RULES
SUPERFUND
"National Oil and Hazardous
Substances Pollution Contingency
Plan National Priorities List Update"
June 22, 2006 (71 FR 35857)
EPA announced its intent to delete the
Dixie Oil Processors, Inc. Superfund Site
from the NPL. Comments must be received
by July 24, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
June 22, 2006 (71 FR 35858)
EPA announced its intent to delete the
Davie Landfill Superfund Site from the
NPL. Comments must be received by July
24, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Update"
June 23, 2006 (71 FR 36048)
EPA announced its intent to delete the Brio
Refining, Inc. Superfund Site from the NPL.
Comments must be received by July 24,
2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
June 28, 2006 (71 FR 36736)
EPA announced its intent to delete portions
of the Ellsworth Air Force Base (AFB) Site,
from the NPL. Comments must be received
by July 28, 2006.
NOTICES
EPCRA
"Agency Information Collection
Activities OMB Responses"
June 16, 2006 (71 FR 34932)
This document announced the Office of
Management and Budget's (OMB) responses
to Agency Clearance requests, in
compliance with the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.). Specifically,
Information Collection Request (ICR)
Number 1395.06, "Emergency Planning and
Release Notification Requirements under
Emergency Planning and Community Right-
to-Know Act Sections 302, 303, and 304
(Renewal)," was approved on May 9, 2006.
This ICR, OMB Control Number 2050-
0092, expires May 31, 2009.
SETTLEMENT AND CONSENT
DECREE NOTICES
"Proposed Settlement; Many Diversified
Interest Superfund Site"
June 1,2006 (71 FR31182)
"Proposed Settlement; Shenandoah
Road Groundwater Contamination
Superfund Site"
June 1,2006 (71 FR31183)
"Consent Decree; United States v.
American Cyanamid, et al."
June 1,2006 (71 FR 31212)
"Consent Decree; United States v.
American Cyanamid, et al."
June 1,2006 (71 FR 31212)
"Consent Decree; United States v.
Portland Terminal Railroad Company"
June 1,2006 (71 FR31213)
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Federal Registers
"Consent Decree; United States v. The
Gillette Company"
June 28, 2006 (71 FR 36826)
"Consent Decree; United States v.
Donald E. Home, et al."
June 28, 2006 (71 FR 36826)
"Consent Decree; United States v.
Industrial Excess Landfill, Inc."
June 28, 2006 (71 FR 36827)
"Consent Decree; United States, etal. v.
Marine Shale Processors, Inc., et al."
June 28, 2006 (71 FR 36827)
"Consent Decree; United States v. Olin
Corporation, et al."
June 28, 2006 (71 FR 36828)
"Consent Decree; United States, etal. v.
Southern Wood Piedmont Company, et
al."
June 28, 2006 (71 FR 36829)
June 2006
"Consent Decree; In re W.R. Grace &
Co et al"
June 1, 2006 (71 FR31214)
"Proposed Settlement; Rawleigh
Building Superfund Site"
June 7, 2006 (71 FR 32960)
"Consent Decree; United States v.
Industrial Excess Landfill, Inc."
June 7, 2006 (71 FR 33001)
"Consent Decree; United States, etal. v.
Oxy Vinyls, L.P."
June 21, 2006 (71 FR 35701)
"Proposed Settlement; Mohawk Tannery
Superfund Site"
June 22, 2006 (71 FR 35906)
"Proposed Settlement; Romarc
Industries Superfund Site"
June 27, 2006 (71 FR 36526)
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