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 the Internet at http://www.epa.gov/superfund/contacts/infocenter. The Information Center maintains an electronic mailing list named callcenter_oswer. Subscribers receive Information Center announcements and Monthly Reports via e-mail at no charge. • To subscribe to the Information Center electronic mailing list, send a blank e-mail to: join-callcenter_oswer@lists.epa.gov • To unsubscribe from an EPA electronic mailing list send a blank e-mail to: leave-listname@lists.epa.gov For example, leave-callcenter_oswer@lists.epa.gov ------- 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 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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) ------- 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) ------- |