EPA540-R-10-002
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
March 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: Where can individuals find Shapefiles
and other EPA geospatial data for
Super fundNational Priorities List (NPL)
sites?
A: Individuals should request geospatial
data for NPL sites (e.g., Shapefiles) from the
EPA Regions.
Q: Where can I find the most up-to-date
source of information regarding Superfund
sites?
A: The Comprehensive Environmental
Response, Compensation, and Liability
Information System (CERCLIS) is a
database that provides detailed information
about Superfund (CERCLA) sites. You can
search CERCLIS Public Access Database
for Superfund site information, as well as
determine when the database was most
recently updated, at the following URL:
http ://cfpub. epa. gov/supercpad/cursites/srch
sites, cfm
Data from CERCLIS Public Access
Database are also available by using
Envirofacts, a Web site that provides access
to several EPA databases containing
information about environmental activities
that may affect air, water, or land. The
Envirofacts CERCLIS query form is
available at the following URL:
http ://www. epa. gov/enviro/html/cercli s/cercl
is_query.html
Envirofacts conducts data updates at various
intervals. Envirofacts retrieves data from
CERCLIS on a monthly basis. Envirofacts
may not reflect the most recent information
in comparison to accessing data through
CERCLIS Public Access Database directly.
You can determine when Envirofacts most
recently retrieved data from CERCLIS
Public Access Database and posted the data
to Envirofacts at the following URL:
http ://oaspub .epa. gov/enviro/data_update
OIL POLLUTION PREVENTION
Q: On December 26, 2006, EPA provided
an optional alternative to the general
secondary containment requirements in 40
CFR §112.7(c)for qualified oil-filled
operational equipment (71FR 77266).
Because the alternative is optional, an
owner or operator could choose to comply
with the existing SPCC requirements to
provide general secondary containment for
each piece of qualified oil-filled operational
equipment. What are some general
secondary containment options for oil-filled
operational equipment, if a facility chooses
not to take advantage of the alternative?
A: Facilities must use one of the prevention
systems listed in §112.7(c) or an equivalent
to provide appropriate containment or
diversionary structures or equipment to
prevent a discharge as described in
§112. l(b). For example, oil-filled
operational equipment is often surrounded
by a gravel bed, which serves as a passive
fire quench system and support for the
facility grounding network that can restrict
the movement of oil in the event of a
release. Gravel beds, if designed to prevent
a discharge as described in §112.1(b) (i.e.,
drainage systems that do not serve as a
conduit to surface waters), may meet the
general secondary containment requirements
of § 112.7(c). EPA further notes that oil-
filled operational equipment located within
buildings with limited drainage and which
prevent a discharge as described in
§112. l(b), may already meet the
requirements for general secondary
1
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March 2010
Questions and Answers
containment in §112.7(c). For certain
electrical equipment, permanent (or passive)
containment structures, such as dikes, may
not be feasible. Section 112.7(c) allows for
the use of certain types of active
containment measures (countermeasures or
spill response capability), which prevent a
discharge to navigable waters or adjoining
shorelines. Examples of active containment
measures include deploying sorbent
material, using spill kits, or covering drain
openings.
Q: Does EPA maintain a list of products
that are authorized for use on oil
discharges? If so, how can a manufacturer
have their product included on the list?
A: Section 31 l(d)(2)(G) of the Clean Water
Act (CWA) directs EPA to prepare a
schedule of dispersants, other chemicals,
and oil spill mitigating devices and
substances that may be used to remove or
control oil discharges. EPA makes
provisions for such a schedule in 40 CFR
Part 300, Subpart J of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The NCP Product
Schedule specifically lists the following
types of products that are authorized for use
on oil discharges: dispersants, surface
washing agents, surface collecting agents,
bioremediation agents, and miscellaneous
oil spill control agents.
EPA has established a process that
manufacturers must follow in order to have
a product listed on the NCP Product
Schedule. First, the manufacturer must
review the data requirements for new
products in §300.915. Then, the
manufacturer must determine the product
category and fulfill each of the data
requirements for the selected category.
Finally, the manufacturer must send a hard
copy of all data requirements to the Product
Schedule Manager for review.
Additional information about the NCP
Product Schedule is available at the
following URL:
http://www.epa.gov/emergencies/content/nc
E
For more information about the NCP
Subpart J requirements, interested parties
can also call the NCP Product Schedule
Information Line at (202) 260-2342.
RMP
Q: Can a facility submit a partial risk
management plan (RMP) (e.g., using the
predictive filing option) and then update the
plan when all elements of the RMP can be
implemented?
A: No. Facilities should not attempt to
submit partial risk management plans (the
RMP*eSubmit software will not allow
incomplete RMPs to be submitted to EPA).
Stationary sources are required to be in full
compliance with all applicable provisions of
40 CFR Part 68 as soon as more than a
threshold quantity of a regulated substance
is present in a process. Predictive filing is
intended for those facilities that have highly
varying inventories (e.g., warehouses) who
are able to forecast their inventory with
some degree of accuracy. Facilities that use
predictive filing must prepare their RMPs
and implement their risk management
programs on site exactly as if the facility
actually held all of the substances included
in the RMP.
If a facility is undergoing construction and
does not yet have the regulated substance
and equipment associated with a process on
site, it can wait until it is imminently subject
to the rule and then submit a complete RMP.
However, as soon as the facility holds a
regulated substance above a threshold
quantity in a process, it must be in
compliance with the rule.
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March 2010
Questions and Answers
Q: CAA §112(r)(6)(L) provides employees
and employee representatives with the same
rights to participate in EPA CAA §112(r)
compliance evaluations as provided in the
Occupational Safety and Health Act
(OSHA). What formal guidance is available
from EPA regarding the involvement of
facility employees and employee
representatives in EPA and delegated
Agency on-site compliance evaluations
conducted under CAA §112(r)?
A: According to interim EPA policy, EPA
staff conducting CAA §112(r) on-site
compliance evaluations should offer facility
employees and employee representatives the
opportunity to participate in such
evaluations. EPA staff should document the
EPA offer to participate and summarize the
nature, extent, and substance of the
employee and employee representative
involvement during the on-site compliance
evaluation in the required compliance
evaluation reports for CAA §112(r).
The Office of Enforcement and Compliance
Assurance and the Office of Solid Waste
and Emergency Response are working
together to develop final guidance to
implement the CAA §112(r) statutory
requirement. Until final EPA guidance is
developed, the OSHA Field Operations
Manual is available as a reference tool.
Once EPA issues final guidance, EPA will
request that state and local agencies that
have accepted delegation of the CAA
§112(r) program adopt similar procedures in
their 40 CFR Part 68 evaluation programs.
The OSHA Field Operations Manual is
available at the following URL:
http ://www. osha. gov/OshDoc/Directive_pdf
/CPL 02-00-148.pdf
The interim EPA guidance is available at the
following URL:
http://www.epa.gov/emergencies/content/rm
p/ms eg memo caa 12r.pdf
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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: Partnership for Sustainable
Communities Brownfields Pilots
PUBLICATION DATE: March 2010
EPA ORDER No.: EPA560-F-10-002
AVAILABILITY: Internet
www.epa.gov/swerosps/bf/sustain_plts/
factsheets/scbpb_fs_web_final.pdf
This fact sheet provides an introduction to
the Partnership for Sustainable Communities
comprised of EPA, the U.S. Department of
Housing and Urban Development, and the
U.S. Department of Transportation. The
Partnership ensures that federal investments,
policies, and actions do not subsidize sprawl
but instead support development in more
efficient and sustainable locations. Five
pilot project descriptions of sites located
throughout the United States are also
provided within the fact sheet.
TITLE: Brownfields Area-Wide Planning
Pilot Program
PUBLICATION DATE: March 2010
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/oswer/docs/grants/epa-
oswer-oblr-10-05 .pdf
This notice announces the availability of
EPA grant funds and assistance for projects
from eligible entities to facilitate community
involvement in area-wide planning
approaches to brownfields assessment,
cleanup, and subsequent reuse. The
document provides guidance to brownfields-
impacted areas, such as a neighborhood,
district, city block, or corridors, detailing
funding opportunities, award information,
applicant eligibility, proposal submission
and review, and award administration
information. The grant funding and direct
assistance will result in an area-wide plan
that will inform the assessment, cleanup, and
reuse of brownfields properties to promote
area-wide revitalization.
OIL POLLUTION PREVENTION
TITLE: Oil Spill Prevention, Control, and
Countermeasure (SPCC) Program:
Information for Farmers
PUBLICATION DATE: March 2010
EPA ORDER No.: EPA540-F-09-002
AVAILABILITY: Internet
http://www.epa.gov/emergencies/docs/oil/sp
cc/spccfarms.pdf
This fact sheet assists farmers in
understanding their obligations under the
SPCC program. It provides an overview of
the definition and applicability of farms to
the SPCC program. The sheet, in question
and answer format, provides guidance
specifically geared for farmers on SPCC
preparation and implementation
requirements, spill prevention measures and
implementation, and procedures in the event
of an oil spill.
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March 2010 New Publications
TITLE: U.S. Environmental Protection
Agency Tier I Qualified Facility SPCC Plan
Template
PUBLICATION DATE: March 2010
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/emergencies/content/sp
cc/ti erltemp.htm
This template is intended to help the owner
or operator of a Tier I qualified facility
develop a self-certified SPCC Plan. To use
this template, the facility must meet all of
the applicability criteria of a Tier I qualified
facility listed in 40 CFR §112.3(g)(l). This
template provides every SPCC rule
requirement necessary for a Tier I qualified
facility. There are four template types
available: PDF, Word, Word - editable
version, and Word Perfect.
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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
FINAL RULES
NOTICES
CERCLA
"National Priorities List, Final Rule
No. 49"
March 4, 2010 (75 FR 9782)
EPA added nine new sites to the General
Superfund Section of the National Priorities
List(NPL). The effective date of this
rulemaking is April 5, 2010.
"National Priorities List, Final Rule—
Gowanus Canal"
March 4, 2010(75 FR 9790)
EPA added the Gowanus Canal to the
General Superfund Section of theNPL. The
effective date of this rulemaking is April 5,
2010.
PROPOSED RULES
CERCLA
"National Priorities List, Proposed
Rule No. 52"
March 4, 2010 (75 FR 9843)
EPA proposed to add eight new sites to the
General Superfund Section of theNPL.
Comments must be received by May 3,
2010.
CERCLA
"FY2010 Supplemental Funding for
Brownfields Revolving Loan (RLF)
Grantees"
March 9, 2010 (75 FR 10793)
EPA announced that approximately $8
million in funding will be made available to
supplement RLF capitalization grants
previously awarded competitively under
CERCLA §104(k)(3). Requests for funding
must be submitted to EPA regional contacts.
The effective date of this rulemaking is
March 9, 2010.
"FY2010 Supplemental Funding for
Brownfields Revolving Loan (RLF)
Grantees - Correction"
March 16, 2010 (75 FR 12532)
EPA added a deadline to submit requests
for funding through RLF capitalization
grants awarded under CERCLA §104(k)(3)
submissions; this date was previously
omitted from the "FY2010 Supplemental
Funding for Brownfields Revolving Loan
(RLF) Grantees" notice published on March
9, 2010 (75 FR 10793). Requests for
funding must be submitted to EPA regional
contacts by April 8, 2010.
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March 2010
Federal Registers
"Proposed Substances to be
Evaluated for Set 24 Toxicological
Profiles"
March 31, 2010 (75 FR 16153)
The Agency for Toxic Substances and
Disease Registry announced the list of
proposed substances that will be evaluated
for CERCLA Set 24 toxicological profile
development. Nominations must be
received by April 30, 2010.
CROSS-PROGRAM
"Agency Information Collection
Activities OMB Responses"
March 5, 2010 (75 FR 10249)
This document announced Office of
Management and Budget (OMB) responses
to Agency clearance requests, in compliance
with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Specifically,
Information Collection Request (ICR)
Number 1487.10, "Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions (Renewal),"
was approved on February 18, 2010. This
ICR, OMB Control Number 2050-0179,
expires February 28, 2013. Additionally,
ICR number 1363.20, "Toxic Chemical
Release Reporting (Form R)," was extended
on February 17, 2010. This ICR, OMB
Control Number 2025-0009, expires July 31,
2011. Lastly, ICR number 1704.12, "Toxic
Chemical Release Reporting, Alternate
Threshold for Low Annual Reportable
Amounts (Form A)," was extended on
February 17, 2010. This ICR, OMB Control
Number 2025-0010, expires July 31, 2011.
"National Advisory Committee for
Acute Exposure Guideline Levels for
Hazardous Substances; Notice of
Public Meeting"
March 24, 2010 (75 FR 14153)
EPA announced that a meeting of the
National Advisory Committee for Acute
Exposure Guidelines Levels for Hazardous
Substances (NAC/AEGL Committee) will
be held on April 13 through 15, 2010, in
San Francisco, California. The
NAC/AEGL Committee will address acute
toxicity and the development of acute
exposure guideline levels.
SETTLEMENT AND CONSENT
DECREES
"Proposed Consent Decree
Modification; United States v.
Schlumberger Technology
Corporation"
March 1, 2010 (75 FR 9255)
"Consent Decree; United States of
America v. El Dorado County,
California, et al."
March 3, 2010 (75 FR 9612)
"Proposed Settlement Agreement; West
Site/Hows Corner Superfund Site"
March 8, 2010(75 FR 10481)
"Proposed Consent Decree; United
States v. AES Thames, LLC"
March 8, 2010(75 FR 10503)
"Proposed Consent Decree; United
States v. Norfolk Southern Railway
Co."
March 12, 2010 (75 FR 11911)
"Proposed Consent Decree; United
States, et al. v. Polar Tankers, Inc."
March 19, 2010 (75 FR 13304)
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March 2010 Federal Registers
"Proposed Consent Decree; United
States v. NuStar Pipeline Operating
Partnership LP'
March 23, 2010 (75 FR 13781)
"Proposed Consent Decree; United
States v. All Metals Processing
Company, et a/."
March 24, 2010 (75 FR 14184)
"Proposed Consent Decree
Modification; United States v. Chief
Consolidated Mining Company"
March 26, 2010 (75 FR 14630)
"Proposed Consent Decree; United
States and the Coeur d'Alene Tribe v.
Sidney Resources Corp."
March 31, 2010 (75 FR 16176)
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