EPA540-R-10-001
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
February 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
the Internet at http://www.epa.gov/superfund/contacts/infocenter.
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QUESTIONS AND ANSWERS
CERCLA
Q: The Hazard Ranking System (HRS) is the
principal mechanism EPA uses to place
uncontrolled waste sites on the National
Priorities List (NPL). HRS is a numerically-
based screening system that uses
information from initial investigations (e.g.,
the preliminary assessment (PA) and site
inspection (SI)) to assess the relative
potential of sites to pose a threat to human
health or the environment. Is there a
software program available to assist EPA
employees and state, tribal, and contractor
personnel who support EPA in the scoring
of a Superfund site?
A: HRS Quickscore is a software tool that
can be utilized to calculate a score for a site
given specific input factors. This product is
intended for use by those individuals who
plan and implement PAs, Sis, and other data
collection efforts according to the HRS
rules, as well as those individuals that write
and review HRS documentation records.
HRS Quickscore uses an electronic set of
HRS score sheets to calculate a site's score
based on four pathways: ground water
migration (drinking water); surface water
migration (drinking water, human food
chain, sensitive environments); soil
exposure (resident population, nearby
population, sensitive environments); and air
migration (population, sensitive
environments).
HRS Quickscore, the user's guide, and
additional information are available at the
following URL:
http://www.epa.gov/superfund/programs/npl
hr s/qui ckscore. htm.
Technical support for HRS Quickscore is
available by contacting the Quickscore
Helpline at 703-284-6600
or quickscore@sra.com.
Q: Under CERCLA, is there an exemption
for recycling facilities that later become a
Superfund site?
A: The recyclable materials exemption
under the Superfund Recycling Equity Act
(SREA), which added §127 to CERCLA,
does not apply to owners or operators of
facilities that later become CERCLA sites.
Section 127 of CERCLA exempts from
liability generators of recyclable materials
who send their materials to a recycling
facility, where the recycling facility later
becomes a Superfund site. CERCLA
§127(b) defines recyclable materials as
scrap paper, scrap plastic, scrap glass, scrap
textiles, scrap rubber (other than whole
tires), scrap metal, and spent lead-acid,
nickel-cadmium, and other batteries.
Certain shipping containers or materials
containing polychlorinated biphenyls
(PCBs) may be excluded from the definition
of recyclable materials.
Q: The continuous release reporting
regulations require the person in charge of
the facility or vessel to make an initial
telephone notification to the National
Response Center (NRC) and an initial
written notification to the appropriate EPA
regional office (40 CFR §302.8(e)). For
those vessels or facilities that filed a
continuous release report but no longer
have a reportable continuous release, are
there any negative reporting requirements?
A: If for any reason a vessel or facility no
longer has a reportable continuous release
(e.g., operations have closed or releases
have dropped below the reportable quantity),
EPA does not require any negative reporting
to the NRC or EPA regional office. While
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February 2010
Questions and Answers
there are no regulatory requirements for
negative reporting, EPA does recommend
notifying the EPA regional office when a
facility's continuous release is no longer
occurring. To identify the continuous
release, the facility should include the
original CR-ERNS number assigned by the
NRC in the notification to the EPA regional
office.
Q: In 40 CFR Table 302.4, sulfuric acid is a
CERCLA hazardous substance listed with
two different Chemical Abstract Service
(CAS) numbers (7664-93-9 and8014-95-7)
and one reportable quantity (RQ) of 1,000
pounds. Does this mean that the release of
either one of these substances counts
towards the RQfor sulfuric acid? For
example, if a facility releases 500 pounds of
the substance with CAS number 7664-93-9
and 500 pounds of the substance with CAS
number 8014-95-7, is it considered a
reportable release of sulfuric acid?
A: CAS numbers for hazardous substances,
when available, appear as a convenience to
the regulated community. CAS numbers
7664-93-9 and 8014-95-7 uniquely identify
two forms of sulfuric acid. CAS number
7664-93-9 is sulfuric acid and CAS number
8014-95-7 is a mixture of sulfuric acid and
sulfur trioxide, known as "fuming sulfuric
acid" or "oleum." If a facility releases 500
pounds of sulfuric acid (CAS number 7664-
93-9) and 500 pounds of oleum (CAS
number 8014-95-7) in any 24-hour period,
then the total release of sulfuric acid from
the facility into the environment is in a
quantity that equals its 1,000 pound RQ and
the release must be reported to the NRC in
accordance with CERCLA §102(a).
TRI
Q: On December 1, 1993, EPA added
hydrogen sulfide (CAS number 7783-06-4)
to the list ofEPCRA §313 chemicals (58 FR
63500). Subsequently, on August 22, 1994,
the Agency issued an administrative stay of
the reporting requirements for hydrogen
sulfide in order to evaluate issues brought to
the Agency's attention after promulgation of
the final rule concerning the human health
effect basis for the listing and the Agency's
use of exposure analyses in TRI listing
decisions (59 FR 43048). What is the
current status of the administrative stay on
EPCRA §313 reporting requirements for
hydrogen sulfide?
A: Currently, the administrative stay of the
EPCRA §313 reporting requirements for
hydrogen sulfide remains in place; therefore,
EPA does not require facilities to file TRI
reports for hydrogen sulfide. However, on
February 26, 2010, EPA announced its
intent to consider lifting the administrative
stay (75 FR 8889). Upon further technical
evaluation, EPA has determined that
hydrogen sulfide can reasonably be expected
to cause chronic health effects in humans
and significant adverse effects in aquatic
organisms. Based on these findings, EPA
believes there is no basis for continuing the
administrative stay of the reporting
requirements for hydrogen sulfide and that
the administrative stay should, therefore, be
lifted.
In the February 2010 notice, EPA is
presenting its rationale for why the
administrative stay of the reporting
requirements for hydrogen sulfide should be
lifted, based on the completed
evaluation. After reviewing any comments
received, EPA will issue a Federal Register
document responding to comments and
taking appropriate action. EPA's review of
hydrogen sulfide is part of its efforts to
examine the scope of TRI chemical
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February 2010
Questions and Answers
coverage and provide communities with
more complete information on toxic
chemical releases.
Additional information regarding the
administrative stay on hydrogen sulfide is
available at the following URL:
http://www.epa.gov/tri/lawsandregs/
Q: EPCRA §313 requires covered facilities
to report information on releases and other
waste management of TRI-listed
chemicals. Does EPA offer any training for
TPJ reporting compliance ?
A: EPA has established several trainings that
owners or operators of facilities can utilize
to gain a basic understanding of TRI
applicability and reporting
requirements. The basic concepts course
will assist an owner or operator in
determining whether the facility is covered
by EPCRA §313, and, if it is, for which
chemicals the facility must submit a TRI
report. The advanced concepts course
covers complex issues related to threshold
determinations, TRI reporting, and
exemptions; reporting for PBTs (e.g., lead or
mercury); and information on chemicals
with special TRI reporting considerations
(e.g., hydrochloric and sulfuric acid
aerosols, ammonia, or metal
compounds). These training resources are
available as online modules, PowerPoint
slides, or PDF slides.
Training materials and additional
information are available at the following
URL:
http ://www. epa.gov/tri
Owners and operators may also contact their
respective state or EPA regional TRI contact
to determine whether there are additional
local training resources. State and regional
contacts are available at the following URL:
http://www.epa.gov/tri/contacts/contacts.ht
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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.
TRI
TITLE: Toxic Chemical Release Inventory
Reporting Forms and Instructions, Revised
2009 Version
PUBLICATION DATE: October 2009
EPA ORDER No.: EPA260-R-09-006
AVAILABILITY: Internet
http ://www. epa.gov/tri/report
This manual provides guidance for EPCRA
§313 covered facilities on the completion
and submission of the Toxics Release
Inventory (TRI) Form R and Form A. In
addition to copies of the required forms, the
document contains information on recent
changes to TRI reporting requirements and
references additional sources of reporting
assistance.
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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
PROPOSED RULES
CERCLA
"Identification of Additional Classes
of Facilities for Development of
Financial Responsibility
Requirements Under CERCLA
Section 108(b)"
February 4, 2010 (75 FR 5715)
EPA extended the comment period for the
January 6, 2010 advanced notice of
proposed rulemaking (ANPRM) regarding
the identification of classes of facilities for
the development of financial responsibility
requirements under CERCLA §108(b)
(75 FR 816). Additionally, EPA clarified
the proper docket identification number
which was incorrectly cited in the heading
of the January 2010 ANPRM (75 FR 5716).
Comments must be received by April 6,
2010.
NOTICES
CERCLA
"Guidance on Recommended Interim
Preliminary Remediation Goals for
Dioxin in Soil at CERCLA and RCRA
Sites; Extension of Comment
Period"
February 22, 2010 (75 FR 7591)
EPA extended the comment period for the
January 7, 2010 notice regarding guidance
on recommended interim preliminary
remediation goals for dioxin in soil at
CERCLA and RCRA sites (75 FR 984).
Comments must be received by April 2,
2010.
TRI
"Hydrogen Sulfide; Community
Right-to-Know Toxic Chemical
Release Reporting"
February 26, 2010 (75 FR 8889)
EPA announced its intent to consider lifting
the administrative stay of EPCRA §313
reporting requirements for hydrogen sulfide
(CAS Number 7783-06-4). Hydrogen
sulfide was added to the EPCRA §313 list of
toxic chemicals on December 1, 1993
(58 FR 63500). However, on August 22,
1994, EPA issued an administrative stay of
the reporting requirements for hydrogen
sulfide in order to evaluate issues brought to
the Agency's attention after promulgation of
the final rule concerning the human health
effect basis for the listing and the use of
exposure analyses in TRI listing decisions
(59 FR 43048). Upon further evaluation,
EPA has determined that hydrogen sulfide
can reasonably be expected to cause chronic
health effects in humans and significant
adverse effects in aquatic organisms and,
therefore, that the administrative stay should
be lifted. After reviewing any comments
received, EPA will publish another Federal
Register document responding to comments
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February 2010
Federal Registers
and taking appropriate action. Comments
must be received by April 27, 2010.
SETTLEMENT AND CONSENT
DECREES
"Consent Decree; United States of
America v. U.S. Borax Inc."
February 2, 2010 (75 FR 5343)
"Proposed Consent Decree; United
States v. Newell Holdings Delaware,
Inc. and Rock Springs Enterprises,
Inc."
February 2, 2010 (75 FR 5344)
"Proposed Consent Decree; United
States v. United Fibers, LLC, etal."
February 2, 2010 (75 FR 5344)
"Proposed Consent Decree
Modification; United States v. Nassau
Metals Corporation, Inc."
February 4, 2010 (75 FR 5806)
"Proposed Consent Decree; United
States etal. v. Chevron U.S.A. Inc."
February 8, 2010 (75 FR 6220)
"Proposed Consent Decree; United
States v. Magellan Pipeline Company
LP'
February 22, 2010 (75 FR 7626)
"Proposed Consent Decree; United
States v. Reading Company"
February 22, 2010 (75 FR 7626)
"Proposed Settlement Agreement;
Anderson-Calhoun Mine and Mill Site"
February 24, 2010 (75 FR 8346)
"Proposed Consent Decree; United
States of America v. ITT Corporation"
February 24, 2010 (75 FR 8402)
"Settlement Agreement; Tar Creek
Superfund Site"
February 25, 2010 (75 FR 8701)
"Settlement Agreement; Colorado
Bumper Exchange Site"
February 25, 2010 (75 FR 8701)
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