EPA540-R-10-005
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
June 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
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QUESTIONS AND ANSWERS
OIL POLLUTION PREVENTION
Q: A facility that meets all of the
applicability criteria of a Tier I qualified
facility in 40 CFR §112.3(g)(l) may use the
template in Part 112, Appendix G to prepare
an SPCC Plan. Is the Tier I qualified
facility SPCC Plan template available in an
electronic version?
A: EPA has made available electronic
versions of the Tier I qualified facility Plan
template to help the owner or operator of a
Tier I qualified facility develop a self-
certified SPCC Plan. The template provides
every SPCC Rule requirement that must be
addressed and implemented by a Tier I
qualified facility. The owner or operator
may complete the template either
electronically or by hand on a printed copy.
The template may be used to comply with
the SPCC Rule requirements or used as a
model and modified as necessary to meet
facility-specific needs. If the owner or
operator modifies the template, the SPCC
Plan must include a section cross-
referencing the location of each applicable
requirement of the SPCC Rule and the Plan
must be an equivalent Plan that meets all
applicable rule requirements in §112.6(a)(3).
The template is available in interactive PDF,
Word, and Word Perfect versions at the
following URL:
http://www.epa.gov/emergencies/content/sp
cc/ti erltemp.htm
Q: Pursuant to 40 CFR §112.6, the owner or
operator of a facility that meets the criteria
in §112.3(g)for either a Tier I or Tier II
qualified facility may self-certify the
facility's SPCC Plan. As part of the self-
certification, the owner or operator must
certify that he or she has visited and
examined the facility (§112.6(a)(l)(ii) and
§112.6(b)(l)(ii)). Does the owner or
operator need to personally conduct the site
visit and examination, or can an agent or
employee of the owner or operator perform
the visit and examination?
A: If the owner or operator of a qualified
facility chooses to self-certify the facility's
SPCC Plan, then the owner or operator must
personally conduct the site visit and facility
examination. There is no provision for an
agent or employee of the facility to perform
the site visit or examination.
Additional information about self-certifying
an SPCC Plan for a qualified facility can be
found in the December 2006 and December
2008 final rules, available at the following
URL:
http://www.epa.gov/emergencies/content/sp
cc
TRI
Q: How should dioxin and dioxin-like
compounds be reported to TRI?
A: In a final rule published May 10, 2007,
EPA expanded the reporting requirements
for facilities filing Form Rs for dioxin and
dioxin-like compounds (72 FR 26544).
Beginning with RY08, in addition to
reporting the total grams released for the
entire category, facilities that have or can
reasonably estimate the mass quantity of
each individual member of the dioxin
category must report it on a new Form R
Schedule 1. Emission factors for dioxin and
dioxin-like compounds are also based on
emission factors for the individual
compounds within the category. EPA's
guidance document for dioxin and dioxin-
like compounds (Emergency Planning And
Community Right- To-Know Act - Section
1
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Questions and Answers
June 2010
313: Guidance for Reporting Toxic
Chemicals within the Dioxin and Dioxin-
like Compounds Category, EPA745-B- 00-
021) includes tables that contain the
emission factors for the individual members
of the dioxin and dioxin-like compounds
category. Since measured data and emission
factor data are based upon data for the
individual members of the dioxin and
dioxin-like compounds category, the
information required by Form R Schedule 1
should be available to facilities that file
Form R reports for the dioxin and dioxin-
like compounds category.
EPA will then use the individual mass
quantity data to calculate toxic equivalency
(TEQ) values that will be made available to
the public. TEQs are weighted quantity
measures based on the toxicity of each
member of the dioxin and dioxin-like
compounds category relative to the most
toxic members of the category. The final
rule also removed the requirement to report
the single generic distribution of the
individual dioxin and dioxin-like
compounds at the facility.
A facility filing a Form R Schedule 1 for
dioxin and dioxin like compounds for RY08
may use the TRI-MEweb application or may
submit a hard copy form. Facilities cannot
use the TRI-ME desktop application to
submit forms for RY08 for dioxin and
dioxin-like compounds.
Q: In order to expand the TRI toxic
chemical list, EPA must establish that a
chemical meets at least one of the statutory
listing criteria in EPCRA §313(d)(2). Does
EPA have any plans to expand the current
chemical list?
A: On April 6, 2010, EPA proposed to
expand the TRI toxic chemical list by
adding 16 chemicals classified as
"reasonably anticipated to be a human
carcinogen" by the National Toxicology
Program's (NTP) Report on Carcinogens
(75 FR 17333). After a review of NTP's
report, EPA believes that these 16 chemicals
meet the EPCRA §313(d)(2)(B) statutory
listing criteria because they can reasonably
be anticipated to cause cancer in humans.
As in past chemical reviews, EPA adopted a
production volume screen for the
development of the proposed rule to screen
out those chemicals for which no reports are
expected to be submitted. Based on a
review of the available production and use
information, these 16 chemicals are
expected to be manufactured, processed, or
otherwise used in quantities that would
exceed the TRI reporting thresholds.
Twelve of the chemicals will be listed
individually, while the remaining four are
being proposed for addition to the polycyclic
aromatic compounds (PACs) category. The
PACs category is a category of special
concern because PACs are persistent,
bioaccumulative, toxic (PBT) chemicals,
and as such, they are likely to remain in the
environment for a very long time, are not
readily destroyed, and may build up or
accumulate in the body.
The proposal to expand the TRI toxic
chemical list is a part of EPA's ongoing
efforts to provide communities with more
complete information on chemicals. After
reviewing any comments received, EPA will
issue a final rule responding to comments
and taking appropriate action.
Additional information, including a copy of
the proposed rule, is available at the
following URL:
http://www.epa.gov/tri/lawsandregs/ntp che
micals
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Questions and Answers June 2010
RMP
Q: What should a facility do if it submitted a
risk management plan (RMP) but later
discovers that it was never subject to the risk
management program requirements?
A: If a facility discovers that it submitted an
RMP in error and was never subject to the
risk management program regulations, it
should submit a letter to the RMP Reporting
Center requesting to withdraw the RMP.
This letter should be on company letterhead
and include the facility's name, the RMP
facility identification number, and the reason
for withdrawal. The facility will not receive
a confirmation letter from the RMP
Reporting Center.
Q: A covered facility deregisters its RMP
because it no longer has more than a
threshold quantity of a regulated substance
in a covered process. If the facility becomes
subject to the CAA §112(r) risk management
program regulations at a later date and
submits a new RMP, should the facility
submit it as a first-time submission,
correction, or re-submission?
A: The facility should submit its RMP as a
re-submission using the original facility
identification number assigned by EPA.
When preparing the RMP using the
RMP*eSubmit system, the facility should
select the appropriate reason for re-
submission, which in this scenario would be
"Regulated substance present above TQ in
new (or previously not covered) process (40
CFR68.190(b)(4))."
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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.
OIL POLLUTION PREVENTION
TITLE: Spill Prevention, Control, and
Countermeasure (SPCC) Regulation, 40
CFR Part 112: A Facility Owner/Operator's
Guide to Oil Pollution Prevention
PUBLICATION DATE: June 2010
EPA ORDER No.: EPA540-K-09-001
AVAILABILITY: Internet
http://www.epa.gov/oem/docs/oil/spcc/spccb
luebroch.pdf
This guidance document provides a general
overview of the regulations in 40 CFR Part
112, geared specifically to owners and
operators of facilities subject to the Spill
Prevention, Control, and Countermeasure
(SPCC) rule. The document begins with an
introduction to oil pollution prevention,
followed by sections addressing: what types
of oil, facilities, and activities are covered;
how to calculate oil storage capacity; how to
determine if a facility could reasonably
discharge oil into or upon navigable waters
or adjoining shorelines; actions covered
facilities must take to comply with 40 CFR
Part 112; who can certify an SPCC Plan;
information on extensions and submissions;
and actions to be taken to respond to a spill.
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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
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Many Diversified
Interests, Inc. Superfund Site"
June 15, 2010 (75 FR 33724)
EPA announced the partial deletion of the
Many Diversified Interests, Inc. Superfund
Site from the National Priorities List (NPL).
The effective date of this rulemaking is
August 16, 2010, unless EPA receives
adverse comments by July 15, 2010.
OIL POLLUTION PREVENTION
"Temporary Suspension of Certain
Oil Spill Response Time
Requirements To Support
Deepwater Horizon Oil Spill of
National Significance (SONS)
Response"
June 30, 2010 (75 FR 37712)
EPA, in conjunction with the United States
Coast Guard, announced the temporary
suspension of oil spill response time
requirements, and certain identification and
location requirements, for facilities and
vessels whose response resources are
relocated in support of the Deepwater
Horizon spill of national significance
(SONS) response. This action also
announced that the federal on-scene
coordinator for the Deepwater Horizon
SONS has requested the Armed Forces to
relocate Armed Forces oil spill response
resources, in particular those of the Navy,
from their current locations to the Gulf of
Mexico to aid in the response to the
Deepwater Horizon SONS. The temporary
rule is effective from June 30, 2010 through
December 31,2010.
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Notice
of Intent for Partial Deletion of the
Many Diversified Interests, Inc.
Superfund Site"
June 15, 2010 (75 FR 33747)
EPA announced its intent to partially delete
the Many Diversified Interests, Inc.
Superfund Site from the NPL. Comments
must be received by July 15, 2010.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities list: Partial
Deletion of the Rocky Mountain
Arsenal Federal Facility"
June 17, 2010 (75 FR 34405)
EPA announced its intent to partially delete
the Rocky Mountain Arsenal Federal
Facility from the NPL. Comments must be
received by July 19, 2010.
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Federal Registers
June 2010
NOTICES
CERCLA
"Comprehensive Environmental
Response, Compensation and
Liability Act (CERCLA) or
Superfund, Brownfields
Amendments, Section 104(k); Notice
of Revisions to FY2011 Guidelines
for Brownfields Assessment,
Revolving Loan Fund, and Cleanup
Grants"
June 22, 2010 (75 FR 35456)
EPA announced the availability of the
revised brownfields grant proposal
guidelines for fiscal year 2011, outlining
proposal requirements for assessment,
revolving loan fund, and cleanup grants.
The most significant revision to the
guidelines is the incorporation of area wide
planning as an eligible activity under the
assessment grants. Comments must be
received by July 2, 2010.
"Agency Information Collection
Activities; Proposed Collection;
Comment Request; Notification of
Episodic Releases of Oil and
Hazardous Substances (Renewal);
EPA ICR No. 1049.12, OMB Control
No. 2050-0046"
June 28, 2010 (75 FR 36652)
EPA announced its plans to submit the
following Information Collection Request
(ICR) to the Office of Management and
Budget (OMB) for review and approval:
"Notification of Episodic Releases of Oil
and Hazardous Substances (Renewal)," ICR
Number 1049.12, OMB Control Number
2050-0046. The current expiration date for
this ICR is January 31, 2011. Comments
must be received by August 27, 2010.
SETTLEMENT AND CONSENT
DECREES
"Settlement Agreement; Cooksey
Brothers Landfill Fire Superfund Site"
June 2, 2010(75 FR 30831)
"Proposed Consent Decree; United
States v. Sensient Colors Inc."
June 2, 2010(75 FR 30859)
"Proposed Consent Decree; United
States v. Shoshone Silver Mining Co.
and Lakeview Consolidated Silver
Mines, Inc."
JuneS, 2010(75 FR 31464)
"Proposed Consent Decree; United
States v. Frank Romano, et al."
JuneS, 2010(75 FR 32503)
"Proposed Settlement Agreement; West
Huntington Spill Site"
June 14, 2010(75 FR 33617)
"Proposed Settlement Agreement; H.M.
Quackenbush, Inc. Superfund Site"
June 16, 2010 (75 FR 34117)
"Proposed Consent Decree; United
States of America et al. v. The Boeing
Company"
June 16, 2010(75 FR 34155)
"Proposed Settlement Agreement; Great
Lakes Container Corporation
Superfund Site"
June 17, 2010 (75 FR 34448)
"Proposed Consent Decree; United
States v. The Kasper (1977)
Irrevocable Trusts, et al."
June 22, 2010 (75 FR 35506)
"Proposed Settlement Agreement; Doe
Run Resources Corporation
Middlebrook Railhead Site"
June 25, 2010 (75 FR 36388)
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June 2010 Federal Registers
"Proposed Consent Decree; United
States and Commonwealth of
Pennsylvania Department of
Environmental Protection v.
Williamsport Sanitary Authority"
June 28, 2010 (75 FR 36679)
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