EPA-540-R-06-080
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
November 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: A petroleum bulk station receives
petroleum via pipeline. The petroleum goes
directly through the facility via pipeline and
is distributed to customers (i.e., into
commerce). Would the facility need to count
the toxic chemicals in the petroleum towards
the processing threshold for submitting the
Form Rpursuant to EPCRA §313?
A: Toxic chemicals that a TRI-covered
facility repackages for distribution in
commerce must be considered toward the
processing threshold. However,
repackaging does not include direct transfers
of containers or product when the product
has not been transferred from the packaging
in which it was received. The petroleum
received via pipeline and subsequently
distributed in commerce was not
repackaged; therefore, the toxic chemicals in
the petroleum do not need to be counted
toward the processing threshold.
Q: Pursuant to EPCRA §313, for each listed
toxic chemical that exceeds the relevant
activity threshold at a covered facility for a
calendar year, the owner or operator must
submit a Form R to EPA and the state in
which the facility is located (40 CFR
§372.30(a)). Are there any fees associated
with submitting the Form R?
A: Under EPCRA §313 and its
implementing federal regulations, there are
no federal fees or taxes for submitting a
Form R or Form A to EPA or the state.
However, states may have similar reporting
programs or other state requirements that
associate fees or taxes with the submission
of TRI forms.
A directory of state TRI program contacts
and Web sites is available at the following
URL:
www. epa. gov/tri/programs/stateprograms/
state_pro gr am s. htm
Q: Facility Data Profiles (FDPs) are made
available by the TRI Data Processing
Center (DPC) to a reporting facility that
submits a Form R or Form A pursuant to
EPCRA §313. If the TRI DPC identifies
potential errors on a TRI form that a facility
has submitted, the FDP indicates the type of
errors and requests that the facility provide
EPA with corrections. What options are
available for facilities to submit corrections
in response to errors identified on an FDP?
A: If a facility representative or FDP
identifies errors on the facility's TRI
submission, he or she has several options to
revise the form and correct the errors. The
preferred method for revising TRI forms
from reporting year 2005 (RY05) through
the current reporting year is to use TRI-
MEweb, the new Internet-based reporting
application for the TRI program. Additional
information regarding TRI-MEweb is
available at the following URL:
www. epa. gov/tri/report/software
The preferred method for revising TRI
forms for RY02 through RY04 is to use the
TRI-ME software and submit the report via
the Central Data Exchange (CDX) and the
Internet. Facilities may also use the TRI-
ME software to submit revisions for RY05
and beyond but are strongly encouraged to
use TRI-MEweb. If a facility does not want
to submit through the Internet, EPA still
encourages the facility to use the TRI-ME
software and submit revisions via diskette.
Addresses for sending revisions by regular
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November 2006
mail and information on making corrections
by hard copy method are available at the
TRI Web site at
www. epa. gov/tri/report/index.htm.
If a facility does not need to make any
corrections, no response is needed.
Facilities may view an electronic version of
their FDP by entering the facility's TRI
Facility Identification Number (TRIFID)
and other identifying information at the
following URL:
www.triefdp.org
Q: An auxiliary facility is one that supports
another covered establishment's activities
(e.g., research and development
laboratories, warehouses, and storage
facilities). How has the switch from the
Standard Industrial Classification (SIC)
system to the North American Industry
Classification System (NAICS)for TRI
reporting affected auxiliary facilities?
A: The SIC system assigns SIC codes to
auxiliary facilities according to the primary
activity of the establishment that they serve.
NAICS does not recognize the concept of
Questions and Answers
auxiliary facilities and assigns NAICS codes
to all establishments based on their own
activities. For the purpose of establishing
consistency with the NAICS classification
methodology, EPA changed its
interpretation of the applicability of TRI
reporting requirements to auxiliary facilities.
As a result, some auxiliary establishments
will no longer be subject to TRI reporting.
For example, Company X owns and
operates a rice milling facility with NAICS
code 311212. Company X also owns a
warehouse where the finished product from
the rice milling facility is stored before it is
distributed to customers. Under the SIC
system, the warehouse would adopt the
same SIC code as the rice milling facility
(2044) and would be subject to TRI
reporting if it met the other applicability
criteria. However, under the NAICS
system, the warehouse would not adopt the
code of the rice milling facility and would
be assigned a NAICS code based on its own
economic activity. As a result, the
warehouse might not be subject to the TRI
reporting 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
NOTICES
CERCLA
"Availability of Final Toxicological
Profiles"
November 24, 2006 (71 FR 67871)
EPA announced the availability of one new
and five updated lexicological profiles of
priority hazardous substances prepared by
the Agency for Toxic Substances and
Disease Registry.
CAA
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Distribution of Offsite
Consequence Analysis Information
Under Section 112(r)(7)(H) of the
Clean Air Act (CAA) (Renewal); EPA
No. 1981.03, OMB No. 2050-0172"
November 22, 2006 (71 FR 67558)
EPA announced that the following
Information Collection Request (ICR) has
been forwarded to the Office of
Management and Budget (OMB) for review
and approval: "Distribution of Offsite
Consequence Analysis Information Under
Section 112(r)(7)(H) of the Clean Air Act
(CAA) (Renewal)," ICR Number 1981.03,
OMB Control Number 2050-0172. The
current expiration date for this ICR is
December 31, 2006. Comments must be
received by December 22, 2006.
CROSS-PROGRAM
"National Advisory Committee for
Acute Exposure Guideline Levels for
Hazardous Substances; Notice of
Public Meeting"
November 14, 2006 (71 FR 66327)
EPA announced that a meeting of the
National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous
Substances (NAC/AEGL Committee) will
be held on December 12 through December
14, 2006, in Alexandria, Virginia. The
NAC/AEGL Committee will address acute
toxicity and the development of acute
exposure guideline levels.
SETTLEMENTS AND CONSENT
"Proposed Settlement; Constitution
Road Drum Superfund Site"
November 1, 2006 (71 FR 64269)
"Proposed Settlement; DSI Facility
Superfund Site"
November 1, 2006 (71 FR 64270)
"Proposed Settlement; Modena Yard
Superfund Site"
November 1, 2006 (71 FR 64271)
"Proposed Settlement; Rosso Property
Scrapyard Superfund Site"
November 1, 2006 (71 FR 64271)
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November 2006
Federal Registers
"Proposed Settlement; Second Melts
Acid Spill Superfund Site"
November 1, 2006 (71 FR 64272)
"Proposed Settlement; Tindall Property
Superfund Site"
November 1, 2006 (71 FR 64273)
"Consent Decree; United States and the
State of Delaware v. E.I. Dupont De
Nemours & Company, Inc., and CIBA
Specialty Chemicals Corporation"
November 6, 2006 (71 FR 64984)
"Proposed Settlement; Flura
Corporation Leaking AST Superfund
Site"
November 9, 2006 (71 FR 65813)
"Consent Decree; United States v. John
J. McKenna, Jr."
November 9, 2006 (71 FR 65836)
"Consent Decree; United States v.
Padraig Tarrant, et al."
November 9, 2006 (71 FR 65837)
"Consent Decree; United States v. Bill
D. Stalling s and Stall ings Salvage, Inc."
November 13, 2006 (71 FR66195)
"Consent Decree; United States v.
Bunge North America Inc., et al."
November 13, 2006 (71 FR66196)
"Proposed Settlement; Industrial Metal
Alloys Superfund Site"
November 17, 2006 (71 FR 66945)
"Consent Decree; United States v.
Honeywell International, Inc., et al."
November 20, 2006 (71 FR67162)
"Proposed Settlement; Many Diversified
Interests, Inc. Superfund Site"
November 21, 2006 (71 FR 67351)
"Consent Decree; United States v. CBS
Co et al"
November 21, 2006 (71 FR 67367)
"Proposed Settlement; General Electric
Rome Superfund Site"
November 22, 2006 (71 FR 67577)
"Consent Decree; United States and
California Department of Toxic
Substances Control v. Rathon
Corporation"
November 22, 2006 (71 FR 67641)
"Consent Decree; United States and
California Department of Toxic
Substances Control v. Saint-Gobain
Corporation"
November 22, 2006 (71 FR 67641)
"Proposed Settlement; Rosso Property
Scrapyard Superfund Site"
November 24, 2006 (71 FR 67865)
"Proposed Settlement; Portland Harbor
Superfund Site, Triangle Park
Superfund Site, and the McCormick &
Baxter, Inc. Superfund Site"
November 27, 2006 (71 FR68613)
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