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

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.

The Information Center maintains an electronic mailing list named callcenter_oswer.
Subscribers receive Information Center announcements and Monthly Reports via e-mail at no
charge.

•  To subscribe to the Information Center electronic mailing list, send a blank e-mail to:
  join-callcenter_oswer@lists.epa.gov

•  To unsubscribe from an EPA electronic mailing list send a blank e-mail to:
  leave-listname@lists.epa.gov
  For example, leave-callcenter_oswer@lists.epa.gov

-------
                       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

-------
 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.

-------
                         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)

-------
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)

-------