EPA540-R-10-000
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
January 2010
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.
Latosha Thomas, Project Officer
U.S. Environmental Protection Agency
Washington, DC 20460
Availability
The complete text of all Monthly Reports, beginning with November 1991, may be accessed on
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QUESTIONS AND ANSWERS
CERCLA
Q: After completion of an Action
Memorandum for a Superfund removal
response, is there a protocol for making
changes to the proposed actions?
A: Yes. A request for a change in the scope
of response is used when proposed actions
or removal response goals have changed
from those outlined in the "proposed action"
section of the Action Memorandum. The
format to be used when there is a change in
the scope of work and redirection of funds
(but no change in project ceiling) is outlined
the Superfund Removal Procedures: Action
Memorandum Guidance (September 1990,
OSWER Directive 9360.3-01).
Q: Does EPA maintain a list or registry of
environmental professionals?
A: EPA does not have a list or registry of
environmental professionals. Although the
final regulation (70 FR 66070; November 1,
2005) that sets federal standards and
practices for the conduct of All Appropriate
Inquiries (AAI) includes a definition of
environmental professional, EPA does not
have a registry of persons meeting the
qualifications for an environmental
professional included in the final rule. Any
company or Web site that claims to compile
a list of registered environmental
professionals in conjunction with EPA's
Brownfields Program is not sanctioned by
EPA.
Q: CERCLA §103(a) and40 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. If
there is a spill of greater than an RQ
amount of a hazardous substance into a
sewer drain that eventually goes to a
publicly owned treatment works (POTW), is
it considered a release? If the spill is
considered a release, is it a federally
permitted release ?
A: Spilling a hazardous substance into a
sewer is considered a release. The release
may or may not be federally permitted
depending on whether the release exceeds
the facility's pretreatment standards of
§307(b) or (c) of the Clean Water Act
(CWA) or if the POTW has a program
approved under CWA §402. If the release
exceeds the facility's pretreatment standards
or the POTW does not have an approved
program, the release is not federally
permitted. If the release is not federally
permitted and 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)).
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January 2010
Questions and Answers
Q: Institutional controls (ICs) are actions,
such as legal controls, that help minimize
the potential for human exposure to
contamination by ensuring appropriate land
or resource use. ICs are used when
contamination is first discovered, when
remedies are ongoing, and when residual
contamination remains on site at a level that
does not allow for unrestricted use and
unlimited exposure after cleanup. The
National Contingency Plan emphasizes that
ICs are meant to supplement engineering
controls and are rarely the sole remedy at a
site (40 CFR §300.430(a)(l)(iii)(D)).
Considering their broad scope and
complexity, is there a comprehensive federal
database of ICs available?
A: EPA developed a strategy in 2004 to,
among other tasks, implement a federal
database of ICs at construction complete
(CC) sites listed on the National Priorities
List (NPL), known informally as the
Institutional Controls Tracking System
(ICTS). Currently, those conducting
searches for ICs at NPL sites should first
consult the public Web site located at
http://www.epa.gOv/ictssw07/public/export/r
egionalReport/ALL REGIONS 1C REPOR
TS.HTM. Secondly, consult the Superfund
Site Progress Profiles
(http://www.epa.gov/superfund/sites/cursites
) to get additional EPA site contact
information. Site managers and site
attorneys may have the most current IC-
related information for a site. Subsequent
searches of state sources may yield
availability of state 1C databases. Finally,
additional Web searches may serve as a
reference for 1C related issues, state
regulations, model laws, professional
papers, and information related to the
implementation and enforcement of ICs.
While the standards and practices for
conducting all appropriate inquires under
CERCLA require a search and review of
ICs, these reviews must be conducted on a
site-specific basis and the November 1,
2005, All Appropriate Inquiries Final Rule
does not require a specific search
methodology (70 FR 66070). The Final
Rule recommends searching sources such as
chain of title reports, local land records,
state registries, and other government
records based on availability (70 FR 66070,
66093).
Guidance on ICs and information about data
collection, entry, and sharing of ICs is
available at the following URL:
http://www.epa.gov/superfund/policy/ic
Q: What types of grants are available
through EPA 's Brownfields Program ? Who
is eligible for each type of grant and how
much funding is available?
A: There are several types of EPA
brownfields grants: assessment grants,
cleanup grants, Revolving Loan Fund (RLF)
grants, job training grants, and training,
research, and technical assistance grants.
Each grant is used for a different purpose,
the eligible entities vary, and the level of
funding is different.
Brownfields Assessment grants provide an
eligible entity with funding to inventory,
characterize, assess, and conduct planning
for cleanup and redevelopment of
brownfield sites. An eligible entity may
apply for up to two assessment grants in any
fiscal year, including both community-wide
and site-specific assessment grants.
Community-wide grants provide up to
$200,000, no specific site needs to be
identified at the time of application. If a
specific brownfields site is identified, then a
site-specific grant application may request
up to $350,000 for the conduct of site
characterization and assessment activities at
that site.
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January 2010
Questions and Answers
Brownfields Cleanup grants provide
recipients with direct funding for cleanup
activities at specific sites contaminated by
petroleum, hazardous substances, pollutants,
or contaminants. Eligible entities include
governments, quasi-governmental entities,
redevelopment agencies, states or
legislatures, and non-profit organizations.
To be eligible for a cleanup grant, the entity
applying for the grant must demonstrate
ownership of the brownfield site that will be
cleaned up at the time of application.
Cleanup grants provide up to $200,000 per
site for a period of three years.
Brownfields RLF grants provide an eligible
entity with funds to capitalize a revolving
loan fund and provide subgrants to carry out
cleanup activities at brownfield sites.
Eligible entities include state and loc
governments, quasi-governmental entities,
and redevelopment agencies. An eligible
entity may apply for a single RLF grant in
any fiscal year for up to $1,000,000.
EPA also provides brownfields training,
research, and technical assistance grants to
eligible entities. This grant category
provides research and training funds for
government and non-profit entities who
support brownfields communities and other
brownfields stakeholders. Eligible entities
include government entities or non-profits
and can be used to conduct brownfields-
related research activities and to support
outreach and training activities for
community groups, job training
organizations, educators, labor groups,
investors, lenders, developers, and other
brownfields stakeholders.
Additional information about brownfields
grants is available at the following URL:
Q: The National Priorities List (NPL) is the
list of priorities among the known or
threatened releases of hazardous
substances, pollutants, or contaminants
throughout the United States and its
territories. The NPL is intended primarily
to guide the EPA in determining which sites
warrant further investigation. The NPL is
updated periodically, as mandated by
CERCLA. Where can interested parties find
information about recent additions to the
NPL?
A: Notification and listing of sites are
published in the Federal Register.
Depending on the action being taken by
EPA, the Federal Register notice describes
either the addition of sites to the NPL (final
rule) or the proposal to add sites to the NPL
(proposed rule). Notices for both actions
provide a list of sites; background
information about the NPL process,
including information about the Superfund
regulations; and other site actions. The
proposed rule notice also provides
information on how to submit comments on
the proposed sites.
Information regarding the most recent NPL
updates can be found on the EPA's
Superfund Web site at the following URL:
http://www.epa.gov/superfund/sites/npl/curr
ent.htm
http ://www. epa.gov/brownfields
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January 2010 Questions and Answers
TRI
Q: What is ChemicalRight2Know. org?
A: Through a cooperative agreement with
EPA, the Environmental Council of the
States (ECOS) developed
ChemicalRight2Know.org as a collaborative
forum for users of TRI and other
environmental data to vet their analyses,
share success stories and best practices, and
collaborate on solving community chemical-
related problems. Users can create accounts
on the Web site to participate in blogs and
may submit TRI-related documents, web
links, articles, mash ups, and events to be
posted. The site provides TRI data in action,
highlighting real world stories of people
using TRI data at local levels. Additionally,
research and analysis are posted from
academia and other sources, giving users an
overview of how TRI data can be used.
The ChemicalRight2Know.org forum is
available at the following URL:
http://www.chemicalright2know.org
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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,
5301 Shawnee Rd, Alexandria, VA 22312. 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.
CERCLA
TITLE: Assessing Protectiveness for
Asbestos Sites: Supplemental Guidance to
Comprehensive Five-Year Review Guidance
PUBLICATION DATE: October 2009
EPA ORDER No. :NA
OSWER DIRECTIVE No.: 9355 7-03B-P
AVAILABILITY:
http://www.epa.gov/superfund/health/conta
minants/asbestos
This document provides guidance and
recommendations for evaluating
protectiveness of a remedy for asbestos
contamination at private and federal
Superfund sites during a five-year review.
This guidance is supplemental to existing
guidance on five-year reviews
(Comprehensive Five-Year Review
Guidance, EPA 2001) and provides
additional information related to existing
guidance for investigating asbestos-
contaminated Superfund sites. This
document is accompanied by a December 3,
2009 transmittal memorandum from James
Woolford and John Reeder to Superfund
National Policy Managers, Regions 1-10.
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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
EPA Federal Registers are accessible via the Internet at: http://www.regulations.gov
NOTICES
CERCLA
"Identification of Additional Classes
of Facilities for Development of
Financial Responsibility
Requirements Under CERCLA
Section 108(b)"
January 6, 2010 (75 FR 816)
EPA announced classes of facilities within
three industries for which the Agency plans
to develop, as necessary, a proposed
regulation identifying appropriate financial
responsibility requirements pursuant to
CERCLA §108(b). These industries are the
chemical manufacturing industry, the
petroleum and coal products industry, and
the electric power generation, transmission,
and distribution industry. EPA will
carefully examine specific activities,
practices, and processes involving hazardous
substances at these facilities, as well as
federal and state authorities, policies, and
practices to determine the risks posed by
these classes of facilities and whether
requirements under CERCLA §108(b) will
effectively reduce these risks. Comments
must be received by February 5, 2010.
"Draft Recommended Interim
Preliminary Remediation Goals for
Dioxin in Soil at CERCLA and RCRA
Sites"
January 7, 2010 (75 FR 984)
EPA announced draft recommended
preliminary remediation goals (PRGs) for
dioxin in soil at CERCLA and RCRA sites.
The PRGs were calculated using current
guidance for soil cleanup levels and dioxin
toxicity values used by states, the Agency
for Toxic Substances and Disease Registry
(ATSDR), and foreign countries. The
interim PRGs will be used until EPA
completes a dioxin reassessment and issues
final recommended PRGs. Comments must
be received by February 26, 2010.
RMP
"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
ICR No. 1981.04; OMB Control No.
2050-0172"
January 15, 2010 (75 FR 2539)
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
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January 2010
Federal Registers
Section 112(r)(7)(H) of the Clean Air Act
(CAA) (Renewal)," ICR Number 1981.04,
OMB Control Number 2050-0182. The
current expiration date for this ICR is
January 31, 2010. Comments must be
received by February 16, 2010.
SETTLEMENT AND CONSENT
DECREES
"Proposed Settlement Agreement; Howe
Cleaners Site"
January 4, 2010 (75 FR 146)
"Proposed Consent Decree; United
States v. Thoro Products Company"
January 8, 2010 (75 FR 1082)
"Proposed Consent Decree; United
States v. Union Pacific Railroad
Company"
January 11, 2010(75 FR 1412)
"Proposed Consent Decree; United
States v. Highview Gardens, Inc."
January 11, 2010 (75 FR 1412)
"Proposed Consent Decree; United
States v. Anderson & Sons, Inc."
January 11, 2010 (75 FR 1412)
"Proposed Consent Decree; United
States v. Louis Vinagro Jr."
January 11, 2010 (75 FR 1413)
"Proposed Consent Decree; U.S. v.
Mascot Mines, Inc., etal."
January 11, 2010 (75 FR 1413)
"Proposed Settlement Agreement;
Commerce Street Plume Superfund
Site-
January 15, 2010 (75 FR 2543)
"Proposed Consent Decree; United
States v. Davenport Realty Trust, et
al."
January 19, 2010 (75 FR 2887)
"Proposed Consent Decree; U.S. v. The
City and County of Denver"
January 19, 2010 (75 FR 2888)
"Proposed Settlement Agreement; T.H.
Agriculture and Nutrition LLC Former
Superfund Site (THAN Site)"
January 26, 2010 (75 FR 4071)
"Proposed Consent Decree
Modification; United States of America
v. Stauffer Management Company LLC
(successor by merger to Atkemix
Thirty-Seven, Inc.)"
January 26, 2010 (75 FR 4106)
"Proposed Consent Decree
Modification; United States v. Union
Pacific Railroad Company"
January 26, 2010 (75 FR 4107)
"Proposed Settlement Agreement;
Hydro Aluminum North America, Inc.
and Hydro Aluminum Precision Tubing
North America, LLC, wholly owned
subsidiaries of Norsk Hydro Aluminum
North America, Inc."
January 28, 2010 (75 FR 4552)
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