EPA-540-R-06-079
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
October 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
The complete text of the 1991 (November and December only), and 1992 through 2008 Monthly
Reports may be accessed from the Internet at www.epa.gov/superfund/contacts/infocenter.
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QUESTIONS AND ANSWERS
TRI
Q: Can TRI data published in the annual
Public Data Release be obtained on a CD?
A: Raw TRI data are available on CD by
request. Requests should be directed to
EPA's TRI Program Division via e-mail at
tri.us@epa.gov or phone at 202-566-0250.
Additional information regarding how to
obtain TRI data is available at
www. epa. gov/tri/tridata.
Q: Pursuant to the TRI Burden Reduction
Final Rule (71FR 76932; December 22,
2006), the owner or operator of a TRI-
coveredfacility may use the Form Afar a
persistent, bioaccumulative, and toxic (PBT)
chemical, except for dioxin and dioxin-like
compounds, if the facility manufactured,
processed, or otherwise used less than or
equal to one million pounds of the chemical;
the total disposal or other releases of the
chemical were zero; and the total annual
amount of the PBT chemical recycled,
combusted for energy, and treated for
destruction did not exceed 500 pounds (40
CFR §3 72.2 7 (a) (2)). May a facility owner
or operator round small PBT chemical
releases to zero and, as long as the facility
meets the other criteria, use the Form A?
A: Except for dioxins and dioxin-like
compounds, a facility owner or operator
may round a PBT chemical release of 0.1
pound or less to zero and remain eligible to
use the Form A, as long as the facility meets
the other criteria in §372.27. In the PBT
Chemicals Final Rule, EPA clarified that an
owner or operator must report PBT chemical
releases greater than 0.1 pound (except
dioxins and dioxin-like compounds). EPA
believes that a facility may be able to
calculate their estimates of releases to one-
tenth of a pound and that such guidance is
consistent with the requirements of EPCRA
§313(g) and (h) (64 FR 58666, 58672;
October 29, 1999). The TRI Burden
Reduction Rule modifies the Form A
eligibility by allowing its limited use for
PBT chemicals; the rule does not change the
criteria for estimating releases of PBT
chemicals.
Q: Would paving activities (e.g., the use of
asphalt or cement) at a facility qualify for
the structural component exemption (40
CFR372.38(c)(l))?
A: The use of toxic chemicals in asphalt or
cement to make and maintain process-
related roads and driveways (e.g., a
driveway leading to a loading dock) at a
TRI-covered facility is not eligible for the
structural component exemption (40 CFR
§372.38(c)(l)). However, the use of toxic
chemicals present in asphalt used to pave
employee parking lots at a TRI-covered
facility is considered non-process related
and is eligible for the structural component
exemption.
Placing asphalt or cement containing TRI
toxic chemicals on the ground at a facility is
considered a release of the toxic chemicals.
If the paving activity did not qualify for the
exemption and the facility exceeds an
activity threshold, such releases must be
documented in Sections 5 and 8 of the Form
R.
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NEW PUBLICATIONS
How to order...
NTIS Publications are available by calling (800) 553-6847 or (703) 605-6000, or writing
NTIS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document.
NSCEP Publications are available by calling (800) 490-9198 or by writing USEPA/NSCEP, PO Box 42419,
Cincinnati, OH 45242-0419. Use the EPA Order Number listed under the document.
Information Center Publications are available by calling the Information Center at:
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: (703) 412-3323
CERCLA
TITLE: Proposal Guidelines for
Brownfields Assessment, Revolving Loan
Fund, and Cleanup Grants
PUBLICATION DATE: October 2006
EPA ORDER NO.: EPA560-F-06-246
AVAILABILITY: Internet
URL: www.epa.gov/oswer/docs/grants/epa-
oswer-obcr-07-01 .pdf
This guidance document describes the
procedures that eligible entities must follow
when applying for brownfield assessment,
cleanup, and redevelopment funding
assistance. The document also provides a
brief summary of the Small Business
Liability Relief and Brownfields
Revitalization Act, information on the types
of funding available under the Act, and a
description of the eligibility requirements.
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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
CROSS PROGRAM
"Administrative Reporting Exemption
for Certain Air Releases of NOx (NO
and NO2)"
October 4, 2006 (71 FR 58525)
EPA broadened the existing reporting
exemptions for releases to the air of less
than 1,000 pounds of nitrogen oxide (NO)
and less than 1,000 pounds of nitrogen
dioxide NC>2 in 24 hours that are the result
of combustion. This exemption is consistent
with EPA's goal to reduce unnecessary
reporting given that the levels for which the
Clean Air Act regulates NOx are
considerably higher than the individual
reportable quantities of 10 pounds for both
NO and NO2. EPA believes that the
information gained through submission of
the reports for those exempted releases
would not contribute significantly to the data
that are already available through the
permitting process to the government and
the public. The effective date of this
rulemaking is November 3, 2006.
PROPOSED RULES
CERCLA
"Proposed Test Rule for Certain
Chemicals on the ATSDR/EPA
CERCLA Priority List of Hazardous
Substances"
October 20, 2006 (71 FR 61926)
EPA proposed to require testing for certain
chemicals on the Agency for Toxic
Substances and Disease Registry
(ATSDR)TEPA Priority List of Hazardous
Substances. The testing would address data
needs identified to enable ATSDR to
conduct comprehensive health assessments
for populations living near sites identified on
the CERCLA National Priorities List that
may be exposed to the chemical substance.
NOTICES
CERCLA
"Availability of Draft Toxicological
Profiles"
October 18, 2006 (71 FR 61479)
EPA announced the availability of one new
and six updated draft lexicological profiles
of priority hazardous substances prepared by
the Agency for Toxic Substances and
Disease Registry. Comments must be
received by February 26, 2007.
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Federal Registers
"Consent Decree; United States of
America v. Union Pacific Railroad
Company"
October 18, 2006 (71 FR 61509)
"Consent Decree; United States v. A-L
Processors, f.k.a. Atlas-LedererCo., et
al."
October 25, 2006 (71 FR 62487)
"Consent Decree; United States v.
Martin Marietta Materials, Inc., et al."
October 25, 2006 (71 FR 62488)
"Proposed Settlement; Terrero Mine
Superfund Site"
October 27, 2006 (71 FR 63012)
"Proposed Settlement; La Costex
Refinery Superfund Site"
October 30, 2006 (71 FR 63321)
"Proposed Settlement; Empire Canyon
Site"
October 31, 2006 (71 FR 63759)
October 2006
SETTLEMENTS AND CONSENT
"Consent Decree; In re Kmart Holding
Corp."
October 3, 2006 (71 FR 58390)
"Consent Decree; United States v.
Nacelle Land & Management
Corporation, et al."
October 4, 2006 (71 FR 58631)
"Consent Decree; United States and the
State of Delaware v. E.I. Du Pont De
Nemours & Company, Inc., and CIBA
Speciality Chemicals Corporation"
October 12, 2006 (71 FR60193)
"Consent Decree; United States v. Afton
Chemical Corp, etal."
October 18, 2006 (71 FR 61507)
"Consent Decree; United States v.
Cooper Industries, LLC"
October 18, 2006 (71 FR 61507)
"Consent Decree; United States v.
Mallinckrodt, et al."
October 18, 2006 (71 FR 61509)
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