EPA540-R-10-009 Superfund, TRI, EPCRA, RMP & Oil Information Center Monthly Report October 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 EPCRA Q: Extremely hazardous substances (EHSs) that are in solid form are subject to one of two different threshold planning quantities (TPQs), a lower level or 10,000pounds (40 CFR 355.15). Why does the list of EHSs only have one TPQfor certain solids, such as sodium cyanide? If a facility has sodium cyanide in a non-powder, non-molten, non- solution form, can the facility use the 10,000 pound TPQ? A: For EHSs that are in solid form, the lower TPQ applies only if it is a powder with a particle size less than 100 microns; is in solution; is in molten form; or has a National Fire Protection Association rating of 2, 3, or 4 for reactivity. If the solid does not meet these specific criteria, the TPQ will default to 10,000 pounds. EPA has identified reactive solids, such as sodium cyanide, on the list of EHSs in Part 355, Appendix A with an "a" in the notes column. For these substances, the TPQ does not default to 10,000 pounds for non- powder, non-molten, non-solution form. Q: If a facility purchases more than 10,000 pounds of a hazardous chemical for which OSHA requires an MSDS in a calendar year but never actually receives or stores more than the 10,000 pound threshold at one time, must the facility report under EPCRA §§311 and 312? A: The MSDS and inventory reporting requirements under EPCRA §§311 and 312 are only for hazardous chemicals present at the facility at any one time in amounts equal to or greater than their thresholds. This reporting determination is not based on the amount of hazardous chemicals purchased, but rather how much was present at a facility. Q: The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or CERCLA hazardous substance within any 24-hour period triggers the EPCRA emergency release notification requirements (40 CFR 355.33). A facility must make two separate notifications to comply with the EPCRA release notification requirements: an immediate notification and, as soon as practicable thereafter, a written follow-up emergency notification (§355.40). Has EPA provided guidance on the meaning of the phrase "as soon as practicable? " A: EPA believes that thirty days should be sufficient to submit the written follow-up notice of the emergency release to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). However, states may implement a more stringent timeframe if they so choose (75 FR 39852, 39857; July 14,2010). ------- 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: Welsbach & General Gas Mantle - Camden and Gloucester, New Jersey PUBLICATION DATE: October 2010 EPA ORDER No. :NA AVAILABILITY: Internet http://www.epa.gov/superfund/programs/rec ycle/pdf/welsbach-success.pdf This fact sheet showcases the Welsbach & General Gas Mantle Superfund Site, located in an industrial/residential area in Camden and Gloucester City, New Jersey. In the early twentieth century, this site was involved in the production of gas mantles. By the late twentieth century, detailed investigations identified radiological contamination. With the help of funding to continue remediation provided by the Recovery and Reinvestment Act of 2009 and dedication on the part of EPA, local municipal management, and community stakeholders, the Welsbach & General Gas Mantle Superfund Site now supports a new community theater. The theater will be used by the theater company and local high school and elementary school programs. This clean-up effort has created a space for theater, music, and art in the center of the new Waterfront South redevelopment in Camden, New Jersey. OIL POLLUTION PREVENTION TITLE: Spill Prevention, Control, and Countermeasure (SPCC) Compliance Date Extension - Final Rule PUBLICATION DATE: October 2010 EPA ORDER No.: EPA550-F-10-001 AVAILABILITY: Internet http://www.epa.gov/oem/docs/oil/spcc/spcc_ extfs.pdf This fact sheet provides an overview of the October 7, 2010 final rule that amended the date by which facilities must prepare or amend Spill Prevention, Control, and Countermeasure (SPCC) Plans, and implement those Plans. EPA is delaying the compliance date for certain facilities by one year to November 10, 2011, to provide facilities the opportunity to fully understand the regulatory amendments offered by the revisions to the SPCC Rule promulgated in 2008 and 2009 and to allow these facilities additional time to make any changes necessary to comply with the revised SPCC requirements. EPA is also delaying the compliance date to address SPCC milk and milk product containers, associated piping, and appurtenances 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. The delay is for one year from the effective date of a final rule specifically addressing SPCC requirements for these milk and milk ------- October 2010 New Publications product containers. Drilling, production, or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit Facility Response Plans (FRPs) are not affected by this rule. Their compliance date is still November 10, 2010. ------- 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 OIL POLLUTION PREVENTION "Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Rule- Compliance Date Amendment" October 14, 2010 (75 FR 63093) EPA extended 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 action allows 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, the Agency delayed the compliance date for facilities with milk and milk product containers, associated piping, and appurtenances 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 extend the compliance date for drilling, production or workover facilities that are offshore or that have an offshore component, or for onshore facilities required to have and submit Facility Response Plans. The effective date of this rulemaking is October 14, 2010. PROPOSED RULES CERCLA "National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Denver Radium Superfund Site" October 14, 2010 (75 FR 63140) EPA announced its intent to delete portions of the Denver Radium Superfund Site from the National Priorities List (NPL). Comments must be received by November 5,2010. "National Priorities List, Proposed Rule No. 53" October 21, 2010 (75 FR 64976) EPA proposed to add nine new sites to the General Superfund section of the NPL. Comments must be received by December 20, 2010. NOTICES CERCLA "Twenty-Fourth Update of the Federal Agency Hazardous Waste Compliance Docket" October 13, 2010 (75 FR 62810) EPA announced the twenty-fourth update of the Federal Agency Hazardous Waste Compliance Docket consisting of federal ------- October 2010 Federal Registers facilities that manage hazardous waste or from which hazardous substances have been or may be released. This list is current as of September 21,2010. CROSS-PROGRAM "Request for Nominations to the National Advisory Committee for the Development of Acute Exposure Guideline Levels for Hazardous Substances" October 12, 2010 (75 FR 62534) EPA requested nominations for candidates to be considered for appointment to the National Advisory Committee for the Development of Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee). Nominations for the NAC/AEGL Committee must be received by November 12, 2010. SETTLEMENT AND CONSENT DECREES "Proposed Consent Decree; United States v. Air Distribution Products, et al." October 6, 2010 (75 FR 61773) "Proposed Consent Decree; United States of America v. Bud's Oil Service, Inc." October 8, 2010 (75 FR 62422) "Proposed Consent Decree; United States v. Quality Distribution, Inc." October 8, 2010 (75 FR 62422) "Proposed Consent Decree; United States v. BP Products North America Inc." October 12, 2010 (75 FR 62567) "Proposed Consent Decree; United States v. C.A.I., lnc.,etal." October 12, 2010 (75 FR 62568) "Proposed Settlement Agreement; Gowanus Canal Superfund Site" October 13, 2010 (75 FR 62857) "Proposed Consent Decree; United States v. Mueller Industries, Inc." October 13, 2010 (75 FR 62858) "Proposed Consent Decree; United States and State of Missouri v. The Doe Run Resources Corporation, et al." October 15, 2010 (75 FR 63506) "Proposed Consent Decree; United States v. Albert Investment Co., Inc., et al." October 18, 2010 (75 FR 63858) "Proposed Consent Decree; United States v. Union Pacific Railroad Company, et al." October 18, 2010 (75 FR 63859) "Proposed Consent Decree; United States of America v. AMETEK, Inc., et al." October 18, 2010 (75 FR 63859) "Proposed Consent Decree; United States and State of Louisiana v. ConocoPhillips Company and Sasol North America Inc." October 19, 2010 (75 FR 64352) "Proposed Consent Decree; United States v. Rutgers Organics Corporation" October 19, 2010 (75 FR 64353) "Proposed Consent Decree; United States and the Commonwealth of Kentucky v. Westlake Vinyls, Inc. and Westlake PVC Corporation" October 21, 2010 (75 FR 65032) ------- October 2010 Federal Registers "Proposed Settlement Agreement; Crown Vantage Landfill Superfund Site" October 22, 2010 (75 FR 65323) "Proposed Consent Decree; United States and the State of Wisconsin v. NCR Corp., etai" October 25, 2010 (75 FR 65509) "Proposed Consent Decree; Motors Liquidation Corp, etal., f/k/a/General Motors Corp., etal." October 28, 2010 (75 FR 66390) ------- |