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
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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).
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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: 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
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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.
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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
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
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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)
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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)
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