EPA540-R-10-008
                 Superfund, TRI, EPCRA, RMP & Oil
                 Information Center Monthly Report
                                September 2010

                   Services in support of OSRTI, OIAA, and OEM

         National Toil-Free No.: (800) 424-9346        Local: (703) 412-9810
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    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
EPCRA

Q: Are hazardous chemicals used in
equipment, such as an animal carcass
digestor or incinerator, located on the
grounds of a medical or veterinary facility
exempt from the definition of hazardous
chemical and, therefore, exempt from
reporting under EPCRA §§311 and 312?

A: Any substance to the extent it is used in a
research laboratory or a hospital or other
medical facility (e.g., veterinary facility)
under the direct supervision of a technically
qualified individual is exempt from the
definition of hazardous chemical in 40 CFR
Part 370. The definition of facility includes
all buildings, equipment, structures, and
other stationary items that are located on a
single site or on contiguous or adjacent sites
and which are owned or operated by the
same person. Therefore, if equipment on the
grounds of a medical or veterinary facility is
used for medical purposes, and its
administration is carried out under the direct
supervision of medical professionals (e.g.,
doctors, veterinarians), it is exempt from
reporting under EPCRA §§311 and 312.

Q: Facilities that have threshold amounts of
hazardous chemicals are required to submit
an MSDSfor each hazardous chemical and
Tier II information annually to their SERC,
LEPC, and local fire department (40 CFR
370.10(a)). Are there any requirements to
update or correct MSDS reporting or a Tier
II report if the facility discovers new
information?

A: There are no regulatory requirements to
correct or update submitted Tier II
information from prior years.  Part 370 only
requires facilities to update MSDS
information. Facilities must submit a
revised MSDS upon the discovery of
significant new information concerning a
hazardous chemical for which an MSDS was
previously submitted, for any new hazardous
chemical for which a facility becomes
subject to the reporting requirements of Part
370, or as requested by the LEPC (§370.31).

Q: Several substances on the list of
extremely hazardous substances (EHSs)
have two threshold planning quantities
(TPQs) listed in 40 CFR Part 355, Appendix
A. When would a facility use the higher
TPQ?

A: EHSs that are in solid form are subject to
one of two different TPQs. A facility should
use the lower TPQ if the solid is in
powdered form and has a particle size less
than 100 microns; is in solution; is in molten
form; or meets the criteria for a National
Fire Protection Association rating of 2, 3  or
4 for reactivity (§355.15(a)). If the solid
does not meet one of these criteria, then the
TPQ is 10,000 pounds (§355.15(b)).

A facility would only apply the 10,000
pound TPQ for an EHS when complying
with the EPCRA §302 emergency planning
notification requirements.  For the purposes
of EPCRA §311 or §312 reporting
requirements (for example, Tier II
reporting), a facility would use the threshold
of 500 pounds  or the designated TPQ in Part
355, Appendix A, whichever one is lower
(§370.10(a)(l)).

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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: Celebrating Success: Aerojet
General Corporation Site: Rancho Cordova,
California
PUBLICATION DATE: September 2010
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/superfund/programs/rec
ycle/pdf/aeroj et-success.pdf

This factsheet provides a general 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 serves to
showcase their creative partnership and
reuse of a Superfund site,  providing an
example of how environmentally impaired
lands can be transformed into energy-
producing environment assets.

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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; Partial
 Deletion of the Denver Radium
 Superfund Site"
 September 9, 2010 (75 FR 54779)

 EPA announced the deletion of portions of
the Denver Radium Superfund Site from the
National Priorities List (NPL). The
effective date of this rulemaking is
November 8, 2010, unless EPA receives
adverse comments by October 12, 2010.

"National Oil and Hazardous
 Substances  Pollution Contingency
 Plan; National Priorities List: Partial
 Deletion of the Rocky Mountain
 Arsenal Federal Facility"
 September 13, 2010 (75  FR 55479)

 EPA announced the deletion of portions of
the Rocky Mountain Arsenal Federal
Facility from the NPL.  The effective date of
this rulemaking  is September 13, 2010.
"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"
 September 15, 2010 (75 FR 56015)

 EPA published a minor technical correction
to a July 23, 2010 rulemaking regarding the
deletion of portions of the Letterkenny
Army Depot Southeastern Area and
Letterkenny Army Depot Property Disposal
Office (PDO) Area from the NPL (75 FR
43082).  Specifically, EPA corrected the site
name listed in 40 CFR Part 300, Appendix
B, Table 2.

"National Priorities List, Final Rule
 No. 50"
 September 29, 2010 (75 FR 59975)

 EPA added six new sites to the General
Superfund  Section of the NPL. The
effective date of this rulemaking is October
29, 2010.

"National Priorities List, Final Rule-
 Newtown Creek"
 September 29, 2010 (75 FR 59983)

 EPA added the Newtown Creek Site to the
General Superfund Section of the NPL. The
effective date of this rulemaking is October
29, 2010.

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September 2010
                    Federal Registers
         PROPOSED RULES
CERCLA

"National Oil and Hazardous
 Substance Pollution Contingency
 Plan; National Priorities List; Intent
 for Partial Deletion of the Denver
 Radium Superfund Site"
 September 9, 2010 (75 FR 54821)

 EPA announced its intent to delete portions
of the Denver Radium Superfund Site from
the NPL. Comments must be received by
October 12, 2010.
              NOTICES
CERCLA
"Creation of the Fiscal Year (FY) 2011
 'Environmental Workforce
 Development and Job Training
 Grants Program,' Formerly Referred
 to as the 'Brownfields Job Training
 Grants Program'"
 September 1, 2010 (75 FR 53689)

 EPA announced that the former
"Brownfields Job Training Grants Program"
was expanded and will now be referred to as
the "Environmental Workforce
Development and Job Training (EWDJT)
Grants Program." The program was
expanded as a result of an effort lead by the
Office of Brownfields and Land to more
closely collaborate with other programs
within the Office of Solid Waste and
Emergency Response (OSWER) to develop
a job training cooperative agreement
opportunity that includes expanded training
in other environmental media outside the
traditional scope of brownfields. With the
creation of the EWDJT Grants Program,
EPA is soliciting comments on the new
Fiscal Year 2011 (FY2011) application
guidelines, which include the institutional
framework of the prior Brownfields Job
Training Grants Program. Comments must
be received by September 13, 2010.

"Development of Set 24 Toxicological
 Profiles"
 September 9, 2010 (75 FR 54889)

 The Agency for Toxic Substances and
Disease Registry announced the
development of one new and one updated
toxicological profile of priority hazardous
substances. Comments must be received by
Novembers, 2010.

SETTLEMENT AND CONSENT
DECREES

"Settlement Agreement;  Florida
 Petroleum Preprocessors Superfund
 Site"
 September 1, 2010 (75 FR 53694)

"Proposed Consent Decree; United
 States v. International Paper Company,
 et al."
 September 1, 2010 (75 FR 53718)

"Proposed Consent Decree
 Modification; United States of America
 et al. v. FMC Corporation and J.R.
 Simplot Company"
 September 8, 2010 (75 FR 54651)

"Proposed Settlement Agreement;
 Malone Service Company Superfund
 Site"
 September 10, 2010 (75 FR 55326)

"Proposed Settlement Agreement; Kelly
 Camp Mine Site"
 September 10, 2010 (75 FR 55351)

"Proposed Settlement Agreement;
 Gilberts/Kedzie Site"
 September 20, 2010 (75 FR 57272)

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September 2010	Federal Registers

"Proposed Settlement Agreement; R&H
 Oil/Tropicana Superfund Site"
 September 21, 2010 (75 FR 57463)

"Proposed Consent Decree; United
 States v. Tronox Pigments (Savannah),
 Inc."
 September 22, 2010 (75 FR 57816)

"Proposed Consent Decree; United
 States v. Hercules Inc."
 September 22, 2010 (75 FR 57817)

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