EPA-540-R-06-077
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
August 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.
Crystal Gatson, Project Officer
U.S. Environmental Protection Agency Printed on
Washington, DC 20460 Recycled Paper
Availability
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Reports may be accessed from the Internet at www.epa.gov/superfund/contacts/infocenter.
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Questions and Answers
TRI
Q: If a facility exceeds an activity threshold
for both the parent metal and the metal
compounds category for the same metal, can
that facility file both chemicals on one
EPCRA §313 Form R report?
A: Only elemental metals without a
chemical qualifier can be reported with their
associated metal category compound on a
combined Form R report. Elemental metals
with qualifiers that are only reportable if
they are manufactured, processed, or
otherwise used in a specific form(s) cannot
be reported with their associated metal
compound category on the same Form R.
For example, a facility that exceeds an
activity threshold for both zinc (fume or
dust) and zinc compounds must not report
both zinc (fume or dust) and zinc
compounds on the same Form R.
Q: A company incorporates a material
comprised of copper granules as a UV light,
weather, and hazardprotectant into roofing
products, such as asphalt shingles. The
copper granules are produced by milling
and sorting bulk copper slag down to
particle size ratios prescribed by the
American Society for Testing and Materials
(ASTM) to enhance the protection of the
roofing product. Are the copper granules
eligible for the articles exemption under
EPCRA §313?
manufactured item that is formed to a
specific shape or design during manufacture,
has end use functions dependent in whole or
in part upon its shape or design, and does
not release a toxic chemical under normal
conditions of processing or otherwise use of
the item. Under TRI, particles, including
granules, are not eligible for the articles
exemption because they are not formed to a
specific shape or design during manufacture.
Therefore, the facility would need to count
the toxic chemicals in the copper granules
toward the processing threshold.
Q: A TRI-coveredfacility welds two metal
items together that independently meet the
definition of an article as defined in 40 CFR
§372.3. No releases occur from the joined
metal items themselves, but there may be
releases from the welding rods. Would the
welding process negate the article status for
the two metal items?
A: The article status of the metal items is
not negated by the toxic chemical releases
from the welding rods. The joined metal
parts may be considered articles, and only
the welding rods must be considered when
making threshold determinations and
releases and waste management
calculations. However, if more than 0.5
pound of a toxic chemical is released from
all like items, the item(s) would not qualify
for the articles exemption.
A: In order for an item to qualify for the
articles exemption, it must be a
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FEDERAL REGISTERS
How to order...
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CERCLA
TITLE: Annual Superfund Report to
Congress for Fiscal Year 2005
PUBLICATION DATE: August 2006
EPA ORDER No.: EPA350-R-06-002
AVAILABILITY: Internet
URL:www.epa.gov/oigearth/reports/2006/2
0060830-EPA-350-R-06-002.pdf
This report covers fiscal year 2005
Superfund-related activities of the EPA
Office of Inspector General (OIG). The
Superfund Amendments and
Reauthorization Act of 1986 requires the
OIG to annually audit the Superfund
program and report the results to Congress.
During fiscal year 2005, EPA conducted an
internal review that made recommendations
to improve the Superfund program and
developed the 120-Day Study Action Plan to
outline how it will carry out the
recommendations.
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FEDERAL REGISTERS
Availability
You may order copies of Federal Registers by calling the
Superfund, TRI, EPCRA, RMP & Oil Information Center
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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"
August 3, 2006 (71 FR 43984)
EPA published a technical correction to the
June 23, 2006 final notice to delete the
Motor Wheel, Lansing, Michigan Site from
the National Priorities List (NPL) (70 FR
36019). The effective date of this
rulemaking is August 3, 2006.
"Reportable Quantity Adjustments
for Carbamates and Carbamate-
Related Hazardous Waste Streams;
Reportable Quantity Adjustment for
Inorganic Chemical Manufacturing
Process Waste (K178)"
August 16, 2006 (71 FR 47106)
EPA announced adjustments to the 1-
pound statutory reportable quantity under
CERCLA for 28 individual carbamates, 5
carbamate-related hazardous waste streams,
and the inorganic chemical manufacturing
process waste K178. The effective date of
this rulemaking is September 15, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan National Priorities List;
Technical Correction"
August 18, 2006 (71 FR 47747)
EPA published a technical correction to the
October 28, 1998 final notice to delete
Operable Unit 2 of the South Andover
Salvage Yards Superfund Site from the NPL
due to errors that were published in that
notice and in the NPL at 40 CFR part 300,
Appendix B (63 FR 57608). The effective
date of this rulemaking is August 18, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Update"
August 21, 2006 (71 FR 48479)
EPA announced the deletion of the T.H.
Agriculture and Nutrition Superfund Site
from the NPL. The effective date of this
rulemaking is August 21, 2006.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Update"
August 22, 2006 (71 FR 48799)
EPA announced the withdrawal of the June
23, 2006 final action to delete the Brio
Refining, Inc. Superfund Site from the NPL
due to an adverse comment received during
the public comment period (71 FR 36015).
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August 2006
Federal Registers
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 14, 2006 (71 FR 46429)
EPA announced its intent to delete the
Nineteenth Avenue Landfill Superfund Site
from the NPL. Comments must be received
by September 13, 2006.
NOTICES
CERCLA
"Public Health Assessments
Completed April-June 2006"
August 2, 2006 (71 FR 43774)
EPA announced those sites for which the
Agency for Toxic Substances and Disease
Registry (ATSDR) has completed public
health assessments during the period from
April 2006 through June 2006. This list
includes sites that are on or proposed for
inclusion on the NPL as well as sites for
which assessments were prepared in
response to requests from the public.
"Development of Set 20 lexicological
Profiles"
August 2, 2006 (71 FR 43774)
EPA announced the availability of one new
and six updated draft Set 20 Toxicological
Profiles of priority hazardous substances
prepared by ATSDR. These profiles will be
available to the public on or about October
17, 2006.
CROSS-PROGRAM
"Agency Information Collection
Activities; OMB Responses"
August 3, 2006 (71 FR 44026)
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 0261.15, "Notification of Regulated
Waste Activity (Renewal)," was approved
on June 6, 2006. This ICR, OMB Control
Number 2050-0028, expires June 30, 2009.
Additionally, ICR Number 0328.11, "Spill
Prevention, Control and Countermeasure
(SPCC) Plans (Renewal)," was approved on
June 6, 2006. This ICR, OMB Control
Number 2050-0021, expires June 30, 2009.
ICR Number 2104.02, "Brownfields
Programs-Revitalization Grantee Reporting
(Renewal)," was approved on July 5, 2006.
This ICR, OMB Control Number 2050-
0192, expires July 31, 2009. On June 12,
2006, OMB filed comment on ICR Number
0328.12, "Spill Prevention, Control and
Countermeasure (SPCC) Plants (Proposed
Rule)"
SETTLEMENTS AND CONSENT
"Proposed Settlement; Industrial
Chrome Plating Time-Critical Removal
Superfund Site"
August 4, 2006 (71 FR 44291)
"Consent Decree; United States, etal. v.
Bean Stuyvesant, LLC, et al."
August 10, 2006 (71 FR 45849)
"Consent Decree; United States, etal. v.
Coltec Industries, Inc., et al."
August 10, 2006 (71 FR 45849)
"Consent Decree; United States v.
Jamson Laboratories, Inc."
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Federal Registers
August 10, 2006 (71 FR 45850)
"Consent Decree; United States v.
Asarco, Inc."
August 16, 2006 (71 FR 47246)
"Consent Decree; United States v.
ConocoPhillips Company"
August 16, 2006 (71 FR 47247)
"Consent Decree; United States v.
Midland Refining Company, Inc., Clear
Water Trucking Company, Inc.,
Rosann Harpster, and Lewis W.
Williams, Jr."
August 18, 2006 (71 FR 47830)
"Proposed Settlement; Mercury Refining
Superfund Site"
August 23, 2006 (71 FR 49450)
"Consent Decree; United States, etal. v.
Macalloy Corp., et al."
August 23, 2006 (71 FR 49474)
"Consent Decree; United States v. FMC
Corporation, et al."
August 23, 2006 (71 FR 49474)
"Consent Decree; United States v. NCH
Corporation, et al."
August 23, 2006 (71 FR 49475)
August 2006
"Consent Decree; United States v.
University of Miami"
August 24, 2006 (71 FR 50084)
"Proposed Settlement; Gibson Mine
Superfund Site"
August 25, 2006 (71 FR 50384)
"Proposed Settlement; Peter Cooper
Landfill Superfund Site"
August 28, 2006 (71 FR 50917)
"Proposed Settlement; Rawleigh
Building Superfund Site"
August 28, 2006 (71 FR 50918)
"Proposed Settlement; Feldman Barrel
and Drum Superfund Site"
August 30, 2006 (71 FR 51615)
"Proposed Settlement; Feldman Barrel
and Drum Superfund Site"
August 30, 2006 (71 FR 51615)
"Consent Decree; United States v.
Mallinckrodt, et al."
August 31, 2006 (71 FR 51851)
"Consent Decree; United States v. The
Sherwin-Williams Company, et al."
August 31, 2006 (71 FR 51851)
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