EPA540-R-10-006
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
July 2010
Services in support of OSRTI, OIAA, and OEM
National Toll-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
TRI
Q: EPCRA §313 chemicals contained in
articles that are processed or otherwise used
at a covered facility are exempt, as long as
the item was formed to a distinct shape or
design during manufacture, the item has end
use functions dependent in whole or in part
upon its shape or design, and the item does
not release a toxic chemical under normal
conditions. If a facility has an aggregate
release of greater than 0.5 pounds of a TRI
chemical during the processing or otherwise
use of an article, then the exemption is
negated for the article and all like items. A
manufactured item contains nickel and
chromium. If there are releases of more
than 0.5 pounds of nickel but less than 0.5
pounds of chromium, do the manufactured
item and all like items still qualify for the
article exemption for chromium?
A: If the manufactured item and all like
items release more than 0.5 pounds of any
toxic chemical, then those items lose their
article status for all toxic chemicals
contained in the items. Therefore, because
the facility released more than 0.5 pounds of
nickel, the manufactured item loses the
article status for all TRI toxic chemicals,
including chromium. The item would only
qualify for the article exemption if the
processing or otherwise use of all like items
resulted in a total release of 0.5 pounds or
less of nickel and 0.5 pounds or less of
chromium.
Q: EPCRA Section 313 chemicals contained
in articles that are processed or otherwise
used at a covered facility are exempt from
threshold determinations and release and
other waste management calculations. One
criterion that must be met for a chemical to
be exempt as part of the article is that the
item does not release a toxic chemical under
normal conditions of processing or use. If a
facility processes articles containing lead, a
persistent, bioaccumulative, and toxic (PBT)
chemical, and the processing of all like
items results in a total release of 0.4 pounds
during the reporting year, can the facility
round this release to 0?
A: There is no need to round the 0.4 pound
release quantity to zero. If the processing or
otherwise use of all like items results in a
total release of 0.5 pound or less of the
chemical, the items retain their article status.
This means that for purposes of filling out a
Form R release report, the facility has the
option to: 1) not count the quantities of toxic
chemical contained in the like articles
towards threshold determinations; and 2) not
count the 0.5 pound or less total release
quantity (in this example the 0.4 pound
quantity) of the toxic chemical that occurred
from the processing or otherwise use of all
like articles towards the quantities released
or otherwise managed as waste. This applies
to PBT toxic chemical (e.g. lead) and all
other chemicals included on the TRI list of
toxic chemicals.
Q: If a TRI-coveredfacility transfers waste
containing an EPCRA §313 chemical to an
off-site facility that does not have a RCRA
identification (ID) number (e.g., the facility
does not accept hazardous waste or it is
located in a foreign country), the facility
completing the Form R can enter NA in the
box for the off-site location RCRA ID
number. In TRI-MEweb, how does a facility
select NA for the RCRA ID number?
A: Beginning with reporting year 2009
(RY09), TRI-MEweb has a search feature to
standardize entry of off-site location
information. Users must first search for an
off-site transfer location using the RCRA ID
number, city and state, county and state, or
zip code for the facility. After searching for
1
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July 2010
Questions and Answers
a facility, TRI-MEweb displays a list of
results and a message towards the top of the
screen that indicates to "click here to enter a
new facility." After clicking on the word
"here," users can use the blank form to add a
new off-site transfer location and select the
box for Not Applicable for the RCRA ID
number.
Q: Can I use the TRI-MEweb application if I
have my own TRIsoftware?
A: Yes. Some facilities have their own
software or use private software to assist in
collecting chemical release data that is
required to be reported according to EPCRA
§ 313. This "third party software" is often
designed to produce output data files that
match EPA's electronic data structure
specifications. In past versions of the suite
of TRI-ME software, the file format used
consisted of 18 magnetic media flat files,
which made uploading this file type
burdensome. However, a more versatile file
format is in use today that consists of
extensible markup language (XML), which
has improved data usability over the
Internet. The TRI-MEweb application is
launched this new feature in the RY09 TRI-
MEweb release that will accept valid third
party XML files from third party vendors.
In order to use this new feature, you will
need to create third party data files that are
valid against the TRI XML Schema,
available at www.exchangenetwork.net/
exchanges/cross/tri.htm. Third Party Load
tool is restricted to load into TREVIEweb
current year chemical release data (no
revisions, cancelations or withdrawals of
chemical forms are allowed in the XML file)
and all chemical forms must come from a
single facility per upload. You must also
have access to the facility data profile that is
being loaded into TREVIEweb before you
are allowed to successfully use the Third
Party Load tool. Upon successfully loading
your XML data into the TRIMEweb
application, you will need to use the data
validation feature to check your forms for
data quality errors. After passing the data
validation check, you can proceed to use
TRI-MEweb to transmit your chemical
forms to CDX so they can be certified by
your certifying official. Once your forms
have been certified, you will have met your
EPCRA Section 313 reporting requirements.
RMP
Q: As part of the risk management program,
a facility is required to prepare an off-site
consequence analysis (OCA) and identify
public receptors within the geographical
area that could be affected by the
hypothetical release that the facility has
analyzed (40 CFR §§68.25, 68.28, 68.30).
LandView is a desktop mapping system that
uses database extracts from EPA, the
Bureau of the Census, and the U.S.
Geological Survey to create maps for small
areas and determine the population within
any radius, anywhere in the United States.
Is it acceptable to use a mapping program
such as LandView in order to identify public
receptors for the purposes of meeting this
requirement? If so, how is LandView
available?
A: To estimate residential populations or
other public receptors for an OCA, a facility
can use the most recent Census data or any
other source of data that is more accurate,
including the most current version of
LandView. Additional information about
LandView, including how to order the
program, is available at the following URL:
http://www.census.gov/geo/landview
To meet the need for widespread free public
access to this software, the U.S. Census
Bureau has distributed LandView through
the Federal Depository Library system as
well as through the State Data Center
system. Links to both the Federal
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July 2010
Questions and Answers
Depository Libraries and State Data Centers
programs are available by selecting the
"Related Sites" link at the following URL:
http://www.census.gov
Q: Facilities with Program Level 2 and 3
processes must perform compliance audits
at least once every three years (40 CFR
§§68.58 and 68.79). How does a facility
submit its compliance audit to EPA?
A: Facilities are not required to submit three
year compliance audits to EPA; however,
facilities should maintain records of the
audit on site, and may be required to provide
the audit record to an implementing agency
official in conjunction with a facility
inspection. The compliance audit should
consist of at least one person knowledgeable
in the applicable processes verifying that the
procedures and practices under the risk
management program are adequate and
being followed. Additionally, the owner or
operator should determine and document an
appropriate response to each of the findings
of the audit and document deficiencies that
have been corrected. The two most recent
audit reports should be retained on site,
unless one is more than five years old (40
CFR §§68.58 and 68.79).
A sample checklist that can be used to
conduct a compliance audit and record any
findings or comments is available on page 6-
25 of the General Guidance on Risk
Management Programs for Chemical
Accident Prevention (40 CFR Part 68)
(EPA550-B-04-001). This document is
available at the following URL:
Although a facility is not required to submit
documentation to EPA for simply
conducting a compliance audit, a facility
may trigger the requirements to resubmit or
correct its risk management plan (RMP) if
an action taken to address an audit
deficiency is listed in §§68.190 or 68.195,
respectively.
http://www.epa.gOv/emergencies/guidance.h
tm
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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: Green Remediation and Utility-
Scale Solar Development: The Aerojet
General Corporation Superfund Site and
Sacramento County, California
PUBLICATION DATE: July 2010
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/superfund/programs/rec
ycle/pdf/aeroj et.pdf
This document provides a review of the
development of the 40-acre solar farm at the
Aerojet General Corporation Superfund site
from contaminated land into a successful
renewable energy and green remediation
project. At the Superfund site near
Sacramento, California, a new 40-acre solar
farm with 22 arrays, which track the course
of the sun, was built, generating six
megawatts of power. Installed in 2009 and
2010 to help power the site's extensive
ground water remediation program, the solar
farm is the largest single-site industrial
system in California and one of the largest
single-site industrial installations in the
United States. This document may serve as
an excellent guide for other potential
Superfund sites that may be turned into
successful renewable energy and green
remediation lands, as the document includes
a project overview, project history, lessons
learned, conclusions, and a multitude of
resources.
EPCRA
TITLE: Emergency Planning and
Community Right-to-Know Act: Guidance
on Reporting Options for Sections 311 and
312 and Some Interpretations
PUBLICATION DATE: June 2010
EPA ORDER No.: EPA500-F-10001
AVAILABILITY: Internet
http://www.epa.gov/oem/docs/chem/guide i
nterp_fs.pdf
EPA provided draft guidance in the
preamble to the June 8, 1998 proposed rule
(63 FR 31268) to streamline the reporting
requirements for facilities under EPCRA
§§311 and 312. This factsheet provides new
interpretations to help facilities comply with
certain requirements under EPCRA and
discusses EPA's decisions on six different
proposed reporting options and, therefore,
provides state and local agencies with
flexibility in implementing EPCRA §§311
and 312. Specifically, clarification is
provided on emergency release notification,
in that, under EPCRA §304, facilities may
have up to 30 days to submit a written
follow-up report to state and local agencies.
Additionally, EPA clarified that facilities
need only count the amount of fume or dust
given off a piece of metal, brick, or any
other manufactured solid item that
undergoes a modification process under
EPCRA §311 reporting. The six proposed
reporting options are: (1) underground
storage tank (UST) forms to fulfill Tier I
information requirements; (2) partnership
programs for joint access to information and
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July 2010
New Publications
streamlined submission of EPCRA §§311
and 312 reporting; (3) electronic submittal
and certification for §312 reporting; (4)
incorporation of previous submissions into
§312 reporting; (5) electronic access to
facility Material Safety Data Sheet database;
and (6) §312 reporting to fulfill reporting
requirements under §311.
OIL POLLUTION PREVENTION
TITLE: Spill Prevention, Control, and
Countermeasure (SPCC) Rule Proposed
Compliance Date Extension
PUBLICATION DATE: July 2010
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/oem/docs/oil/spcc/spcc_
extfs.pdf
This document provides guidance on the
proposed compliance date extension for
facilities that must prepare or amend SPCC
Plans, and implement those Plans. EPA is
proposing to maintain the current November
10, 2010 compliance date for drilling,
production, and workover facilities that are
offshore or that have an offshore
component, or for onshore facilities required
to submit Facility Response Plans (FRPs).
EPA is proposing to delay the compliance
date by which owners or operators of certain
facilities must prepare or amend and
implement an SPCC Plan by one year to
November 10, 2011. Types of facilities that
may be eligible for the proposed one year
extension include facilities with milk
containers, associated piping and
appurtenances; oil production facilities;
farms; electric utility plants; petroleum
refining and related industries;
manufacturing facilities; other commercial
facilities; fuel oil dealers; gasoline stations;
mining; military installations; and
government facilities. The proposed
amendments do not remove the regulatory
requirement for owners or operators of
facilities in operation before August 16,
2002 (other than facilities with milk
containers described above), to maintain and
continue implementing an SPCC Plan in
accordance with the SPCC regulations then
in effect.
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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 Letterkenny Army
Depot Southeastern (SE) Area and
Letterkenny Army Depot Property
Disposal Office (PDO) Area
Superfund Sites"
July 23, 2010 (75 FR 43082)
EPA announced the deletion of portions of
the Letterkenny Army Depot SE Area and
Letterkenny Army Depot PDO Area sites
from the National Priorities List (NPL). The
effective date of this rulemaking is
September 21, 2010, unless EPA receives
adverse comments by August 23, 2010.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the SMS Instruments,
Inc. Superfund Site"
July 30, 2010 (75 FR 44920)
EPA announced the deletion of the SMS
Instruments, Inc. Superfund Site from the
NPL. The effective date of this rulemaking
is September 13, 2010, unless EPA receives
adverse comments by August 30, 2010.
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Rocky Mountain
Arsenal Federal Facility"
July 21, 2010 (75 FR 42361)
EPA announced its intent to delete portions
of the Rocky Mountain Arsenal Federal
Facility from the NPL. Comments must be
received by August 16, 2010.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Intent
to Partially Delete the Letterkenny
Army Depot Southeastern (SE) Area
and Letterkenny Army Depot
Property Disposal Office (PDO) Area
Superfund Sites"
July 23, 2010 (75 FR 43115)
EPA announced its intent to delete portions
of the Letterkenny Army Depot SE Area and
Letterkenny Army Depot PDO Area sites
from the NPL. Comments must be received
by August 23, 2010.
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July 2010
Federal Registers
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Intent
To Delete the SMS Instruments, Inc.
Super-fund Site"
July 30, 2010 (75 FR 44932)
EPA announced its intent to delete the SMS
Instruments, Inc. Superfund Site from the
NPL. Comments must be received by
August 30,2010.
NOTICES
CERCLA
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; National Oil and
Hazardous Substances Pollution
Contingency Plans (Renewal); EPA
ICR No. 1664.07, OMB Control No.
2050-0141"
July 6, 2010 (75 FR 38809)
EPA announced that the following
Information Collection Request (ICR) has
been forwarded to the Office of
Management and Budget (OMB) for review
and approval: "National Oil and Hazardous
Substances Pollution Contingency Plans
(Renewal)," ICR Number 1664.07, OMB
Control Number 2050-0141. The current
expiration date for this ICR is 8/31/10.
EPCRA
"Emergency Planning and
Community Right-to-Know Act;
Guidance on Reporting Options for
Sections 311 and 312 and
Interpretations"
July 13, 2010 (75 FR 39852)
EPA published guidance on various
reporting options that state and local
agencies may choose from when
implementing EPCRA §§311 and 312. In
addition, EPA provided some new
interpretations and revised some existing
ones to help facilities comply with certain
requirements under EPCRA. This guidance
discusses use of UST forms to fulfill the
Tier I submission requirements, partnership
programs for joint access to information and
streamlined submission of EPCRA §§311
and 312 reporting, incorporation of previous
submissions into EPCRA §312 reporting,
electronic access to a facility's MSDS
database, and EPCRA §312 reporting used
to fulfill reporting requirements under §311.
The effective date of this guidance is July
13,2010.
CROSS-PROGRAM
"Agency Information Collection
Activities OMB Responses"
JulyS, 2010(75 FR 39244)
This document announced OMB responses
to Agency clearance requests, in compliance
with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Specifically, ICR
Number 1981.04, "Distribution of Offsite
Consequence Analysis Information under
Section 112(r)," was approved on June 1,
2010. This ICR, OMB Control Number
2050-0172, expires on June 30, 2013.
Additionally, ICR Number 0328.15, "Oil
Pollution Prevention; Spill Prevention,
Control, and Countermeasure Rule
Requirements—Amendments (Final Rule),"
was approved on June 15, 2010. This ICR,
OMB Control Number 2050-0021, expires
on June 30, 2013.
"Proposed Acute Exposure Guideline
Levels for Hazardous Substances;
Notice of Availability"
July 28, 2010 (75 FR 44249)
EPA announced the availability of the
National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous
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July 2010
Federal Registers
Substances (NAC/AEGL Committee) list of
proposed AEGLs for 13 chemicals.
Comments must be received by August 27,
2010.
SETTLEMENT AND CONSENT
DECREES
"Consent Decree; United States of
America v. El Dorado County,
California, et al."
July 2, 2010(75 FR 38550)
"Proposed Consent Decree; United
States v. CSX Transportation, Inc."
JulyS, 2010(75 FR 39278)
"Settlement Agreement; In re Quebecor
World (USA) Inc., et al."
JulyS, 2010(75 FR 39278)
"Proposed Consent Decree; United
States v. City of Hastings"
July 12, 2010(75 FR 39706)
"Proposed Consent Decree; United
States et al. v. McWane, Inc."
July 20, 2010 (75 FR42130)
"Proposed Consent Decree; United
States v. Alcoa Inc., et al."
July 21, 2010 (75 FR 42461)
"Proposed Consent Decree; United
States v. Blue Tee Corp."
July 21, 2010 (75 FR 42461)
"Proposed Settlement Agreement; Behr
Dayton Thermal Systems VOC Plume
Superfund Site"
July 22, 2010(75 FR 42785)
"Proposed Settlement Agreement;
Turnpike Dump No. 5 Site"
July 28, 2010(75 FR 44250)
"Proposed Settlement Agreement;
Turnpike Dump No. 5 Site"
July 28, 2010(75 FR 44251)
"Proposed Consent Decree; United
States v. Champion Chemical Co., et
al.; New Jersey Department of
Environmental Protection v. Champion
Chemical Co., et al.; and United States
v. Imperial Oil Co., etal."
July 28, 2010 (75 FR 44283)
"Proposed Consent Decree; United
States, et al. v. PPL Electric Utilities
Corporation, etal."
July 28, 2010 (75 FR 44284)
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