EPA540-R-10-007
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
August 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
TRI
Q: What is the Toxics Release Inventory-
Chemical Hazard Information Profiles or
TRI-CHIP?
A: TRI-CHIP is a searchable database
system that contains hazard information on
EPCRA §313 chemicals. This
downloadable application allows users to
create customized searches across a single
chemical, a set of specific chemicals, or a
TRI chemical category of interest. TRI-
CHIP pulls hazard information from TRI
Federal Register notices, the Integrated Risk
Information System (IRIS), EPA's Office of
Pesticide Programs registration documents,
the Agency for Toxic Substances and
Disease Registry (ATSDR), California
EPA's Office of Environmental Health
Hazard Assessment, the National
Toxicology Program's Report on
Carcinogens, and the International Agency
for Research on Cancer.
This database application is designed in
Microsoft Access and provides users with
advanced queries for isolating data based on
certain adverse health effects and/or
quantitative toxicity values. Through these
queries, users can isolate chemicals with
specific toxicity criteria such as the lowest
observed adverse effect levels, print
customized toxicity profile reports, and
access Web sites to locate additional toxicity
information. Users are also able to export
chemicals of interest into TRI.NET, where
industrial release and geographic location
information on the chemicals is available.
For additional information on TRI-CHIP or
to download the application, visit the
following URL:
Q: What is myRight-to-know or myRTK?
A: The myRight-to-Know tool is an EPA
Web application designed for mobile
devices. The application takes existing EPA
information and packages it in a format and
with a level of detail that is appropriate for
mobile devices and mobile users. The
myRTK tool can map any location or
address, showing nearby facilities that report
to TRI, as well as large permit holders under
the Clean Air Act, the Clean Water Act, and
the Resource Conservation and Recovery
Act that are expected to produce, manage, or
release TRI-reportable chemicals. The
application compares individual facility
releases to releases by other facilities in the
county, as well as to other facilities in the
same industrial sector. In addition to
helping mobile users locate and identify
nearby facilities, the tool describes what
chemicals are released into the air, water,
and land; the health effects associated with
these chemicals; and the facility's history of
compliance with environmental laws.
The current version of the application works
well on i-Phone, Droids 2.0 and higher,
Firefox and Chrome browsers. A new
multi-platform version, currently under
development, will work on newer
Blackberry phones, most other web enabled
phones and the Internet Explorer browser.
Additional information about this mobile
application is available at the following
URL:
http ://www. epa.gov/tri/myrtk
http ://www. epa.gov/tri/tri-chip
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August 2010
Questions and Answers
Q: What information is available in the TRI
preliminary dataset and where can users
access it?
A: The TRI preliminary dataset is a publicly
available resource developed by EPA to
provide quick and accurate access to data
submitted by facilities on the TRI Form R or
Form A. Users of the preliminary TRI
dataset should be aware that some of the
2009 TRI data that have already been
submitted to EPA may change if data quality
errors are detected and specific facilities
submit revised 2009 TRI reports. The TRI
preliminary dataset is accessible through
downloadable data files, as well as through
tools such as TRI Explorer and Envirofacts.
EPA will update the dataset periodically to
reflect the processing of additional TRI
facility submissions. The downloadable
data files are provided in three groups: basic
data files, basic plus data files, and dioxin
and dioxin-like compounds. Basic data files
provide access to facility information and
release quantities at a particular facility.
Basic plus data files offer more exhaustive
categorical breakdowns of both on-site and
off-site waste management and release
activities. Dioxin and dioxin-like compound
information is available through toxic
equivalent (TEQ) files. TEQs allow the
public to understand the toxicity of releases
and waste management activities at facilities
that report to the TRI Program.
EPA has developed questions and answers
that provide more detailed information about
the TRI preliminary dataset. EPA
encourages data users to read the questions
and answers to understand the limitations of
using and analyzing the data before the
dataset is complete. The preliminary
dataset, questions and answers about the
dataset, and additional information are all
available at the following URL:
RMP
Q: If a facility had a covered process that
was previously subject to the Program 2 or
3 requirements, but no longer holds the
regulated substance in excess of the
threshold quantity due to a decrease in
production or storage, must the facility
update its risk management plan (RMP)?
A: If a process no longer exceeds the
threshold quantity of a regulated substance
as a result of a decrease in production, it is
not a covered process. Because a change
occurred that altered the program level that
applied to the process, the facility owner or
operator must update and resubmit its RMP
within six months of the change (40 CFR
§68.190(b)(7)). If this was the facility's
only covered process, the facility must
deregister within six months (§68.190(c)).
Q: How do I deregister my facility from the
risk management program?
A: If a facility is no longer subject to the risk
management program, the facility owner or
operator must deregister within six months
(40 CFR §68.190(c)). To deregister, you
should submit a letter to the RMP Reporting
Center within six months indicating that the
stationary source is no longer covered and
include the effective date of the de-
registration (the date on which your facility
was no longer covered by Part 68). The
letter should be signed by the owner or
operator and include your RMP ID number
(the 12-digit ID number assigned by EPA).
You may use the Risk Management Program
De-registration Form (Appendix E) of the
RMP*eSubmit User's Manual. The form
can be downloaded at the following URL:
http://www.epa.gov/emergencies/docs/chem
/rmp esubmit appendices.pdf
http://www.epa.gov/tri/tridata/preliminaryda
taset
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August 2010 Questions and Answers
Q: The owner or operator of a stationary
source subject to 40 CFR Part 68 must
include a five-year accident history that
includes significant accidental releases of
one or more of the regulated substances
from a covered process in the five years
prior to the submission of an initial or
updated Risk Management Plan (RMP)
(§68.42(a)). Do newly constructed facilities
need to complete the five-year accident
history in their initial RMP submission?
A: If a facility has had no accidents meeting
the rule's accident reporting criteria in the
previous 5 years, it will not need to include
information in the five-year accident history
in their initial RMP submission. The five-
year accident history only covers releases
from a covered process involving a
regulated substance held above its threshold
quantity in the process. If a facility did not
have any releases that meet this criterion, the
plan preparer may want to explain the lack
of any five-year accident history records in
the Executive Summary of the plan. In
RMP*eSubmit, newly constructed facilities,
or any other facility that does not have any
accidents to include in the five-year accident
history, may simply leave this section blank.
If an accident occurs after the initial RMP
submission that meets the reporting criteria,
the plan must be corrected to include the
accidental release in the five-year accident
history within six months of the accident
(§68.195). In addition, when an RMP is
updated as required by §68.190, it must
contain an updated five-year accident
history including all of the accidents that
meet the reporting criteria and that occurred
within five years of the date on which the
updated RMP is submitted.
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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
Substance Pollution Contingency
Plan; National Priorities List:
Deletion of the Peter Cooper
Corporation (Markhams) Superfund
Site"
August 6, 2010 (75 FR 47482)
EPA announced the deletion of the Peter
Cooper Corporation (Markhams) Superfund
Site from the National Priorities List (NPL).
The effective date of this rulemaking is
September 20, 2010, unless EPA receives
adverse comments by September 7, 2010.
"National Oil and Hazardous
Substance Pollution Contingency
Plan; National Priorities List:
Deletion of the Rogers Road
Municipal Landfill Superfund Site"
August 12, 2010 (75 FR 48867)
EPA announced the deletion of the Rogers
Road Municipal Landfill Superfund Site
from the NPL. The effective date of this
rulemaking is October 12, 2010, unless EPA
receives adverse comments by September
13,2010.
"Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions:
August 13, 2010 (75 FR 49414)
EPA amended the regulation for Superfund
Cooperative Agreements and Superfund
State Contracts (SSC). The final rule
amends the regulation by allowing interim
progress reports to be due in 60 days,
instead of the current 30-day requirement,
following the close of the quarterly and
semi-annual reporting periods. In addition,
this amendment allows the recipient of an
SSC to request that EPA apply any
overpayment of cost share to another site.
The effective date of this rulemaking is
October 12, 2010.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 31, 2010 (75 FR 53222)
EPA announced the deletion of the
Powersville Site Superfund Site from the
NPL. The effective date of this rulemaking
is November 1, 2010, unless EPA receives
adverse comments by September 30, 2010.
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August 2010
Federal Registers
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substance Pollution Contingency
Plan; National Priorities List: Intent
To Delete the Peter Cooper
Corporation (Markhams) Superfund
Site"
August 6, 2010 (75 FR 47521)
EPA announced its intent to delete the
Peter Cooper Corporation (Markhams)
Superfund Site from the NPL. Comments
must be received by September 7, 2010.
"National Oil and Hazardous
Substance Pollution Contingency
Plan; National Priorities List: Intent
To Delete the Rogers Road
Municipal Landfill Superfund Site"
August 12, 2010 (75 FR 48895)
EPA announced its intent to delete the
Rocky Rogers Road Municipal Landfill
Superfund Site from the NPL. Comments
must be received by September 13, 2010.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the Powersville Site
Superfund Site"
August 31, 2010 (75 FR 53268)
EPA announced its intent to delete the
Rocky Powersville Site Superfund Site from
the NPL. Comments must be received by
September 30, 2010.
OIL POLLUTION PREVENTION
"Oil Pollution Prevention; Spill
Prevention, Control, and
Countermeasure (SPCC) Rule-
Proposed Amendments"
August 3, 2010 (75 FR 45572)
EPA proposed to extend the compliance
date from November 10, 2010, to November
10, 2011, for facilities to prepare or amend
their SPCC Plans, and implement those
Plans. This would allow additional time for
the regulated community to understand the
revisions to the SPCC Rule finalized on
December 5, 2008 (73 FR 74235) and
November 13, 2009 (74 FR 58783).
Additionally, EPA proposed to delay the
compliance date for facilities with milk
containers that are constructed according to
the current applicable 3-A sanitary
standards, and subject to the current
applicable grade "A" pasteurized milk
ordinance (PMO), or a state dairy regulatory
requirement equivalent to the current
applicable PMO, until one year after EPA
finalizes a separate rule specifically for these
facilities. EPA did not propose to extend the
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. Comments on this
proposed rule must be received by August
18,2010.
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August 2010
Federal Registers
NOTICES
"Agency Information Collection
Activities; Proposed Collection;
Comment Request; Palos Verdes
Shelf Seafood Consumption
Survey"
August 10, 2010 (75 FR 48323)
EPA announced its plans to submit the
following Information Collection Request to
Office of Management and Budget for
review and approval: "Palos Verdes Shelf
Seafood Consumption Survey," ICR
Number 2399.01, OMB Control Number
2009-NEW. The objective of this ICR is to
gather quantitative data that will provide
estimates of angler seafood consumption in
the Palos Verdes Shelf Superfund Site area
to be used in EPA's outreach and education
program as well as for human health risk
assessment. Comments must be received by
October 12, 2010.
SETTLEMENT AND CONSENT
DECREES
"Proposed Consent Decree; United
States v. BIM Investment Corp. et al."
August 3, 2010 (75 FR 45666)
"Proposed Consent Decree; United
States v.Anacomp, Inc., etal."
August 3, 2010 (75 FR 45666)
"Proposed Consent Decree; United
States v. Ray Crosby"
August 4, 2010 (75 FR 47028)
"Proposed Consent Decree; United
States v. B.C.F. Oil Refining Inc., et al."
August 6, 2010 (75 FR 47626)
"Proposed Settlement Agreement; VIP
Cleaners Superfund Site"
August 12, 2010 (75 FR 48967)
"Proposed Consent Decree; United
States v. Mascot Mines, Inc., etal."
August 12, 2010 (75 FR 48992)
"Proposed Consent Decree; United
States v. Central Rubber Co., et al."
August 16, 2010 (75 FR 49947)
"Proposed Consent Decree; United
States v. Conroe Creosoting Company,
et al."
August 16, 2010 (75 FR 49948)
"Proposed Administrative Order on
Consent; Kerber Creek Site"
August 19, 2010 (75 FR 51267)
"Proposed Consent Decrees; United
States and the State of South Dakota
v. Jeraldine Borsch Fahrni, the Chester
A. Borsch, Jr. Trust, and Chester A.
Borsch, Jr. as Trustee of the Chester
A. Borsch, Jr. Trust'
August 20, 2010 (75 FR 51482)
"Proposed Consent Decree; United
States and the State of South Dakota
v. Patricia F. Repke and the Ruth E.
Hankins Revocable Trust'
August 20, 2010 (75 FR 51483)
"Proposed Consent Decree; United
States and State of Texas v.
Halliburton Energy Services, Inc., et
al."
August 25, 2010 (75 FR 52371)
"Proposed Settlement Agreement;
Crown Vantage Landfill Superfund
Site"
August 27, 2010 (75 FR 52745)
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August 2010 Federal Registers
"Proposed Settlement Agreement;
Beacon Heights Landfill, Carolawn,
Central Chemical, Cleve Reber,
Cooper Drum Company, Delaware
Sand and Gravel, Diamond Alkali, El
Dorado, Halby Chemical, Interstate
Lead Company, Jadco Hughes, Landia
Chemical Company, LWD, Malone
Service Company, Red Panther
Chemical Company, Stauffer-
LeMoyne, Stoney Creek Technologies,
and Swope Oil Superfund Sites"
August 27, 2010 (75 FR 52778)
"Proposed Settlement Agreements;
Mercury Refining Superfund Site"
August 30, 2010 (75 FR 52942)
"Proposed Administrative Order on
Consent; Standard Mine Site"
August 31, 2010 (75 FR 53301)
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