EPA540-R-10-010
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
November 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.
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QUESTIONS AND ANSWERS
OIL POLLUTION PREVENTION
Q: Pursuant to 40 CFR §112.8(c)(2), mobile
refuelers are exempt from the secondary
containment requirements for bulk storage
containers. Are mobile refuelers also
exempt from the requirements for integrity
testing in §112.8(c)(6)?
A: Since mobile refuelers are mobile or
portable bulk storage containers, the other
provisions of §112.8(c) still apply.
Therefore, mobile refuelers are still subject
to the integrity testing requirements in
§112.8(c)(6). While EPA does not require
the use of a specific method for conducting
integrity testing of bulk storage containers
and allows facilities to rely on industry
standards and good engineering practice, the
facility owner or operator should reference
in the Plan the standard used to test the
mobile refueler. For example, the United
States Department of Transportation (DOT)
regulates containers used to transport
hazardous materials, including oil products,
and requires certain construction and
continuing qualification and maintenance
requirements. These DOT requirements
may be used as references of good
engineering practice for assessing the fitness
for service of mobile or portable containers.
Although mobile refuelers are not subject to
the secondary containment requirements of
§112.8(c)(2) for bulk storage containers,
they remain subject to the general secondary
containment requirements of §112.7(c) and
therefore must have appropriate containment
and/or diversionary structures to prevent a
discharge to navigable waters or adjoining
shorelines.
Q: Except as provided in 40 CFR §112.6 for
qualified facilities, a Professional Engineer
(PE) must certify all technical amendments
to an existing SPCC Plan (§112.5(c)).
When certifying a technical change to an
existing SPCC Plan, does the PE have to
inspect and certify the entire Plan or only
the amended portion of the Plan?
A: The PE must only inspect and certify the
portion of the Plan that has been technically
amended, rather than the entire Plan. Since
the certifying PE may not have been
involved in certifying the Plan originally,
the PE's certification and attestation only
applies to that particular technical
amendment.
Q: The SPCC Rule applies to facilities that
could reasonably be expected to discharge
into navigable waters (40 CFR §112.2(a)).
Does a facility need to consider ground
water pathways when determining if a
discharge of oil could reasonably be
expected to reach navigable waters?
A: Owners and operators should consider
whether on-site conduits such as
groundwater pathways could facilitate the
transport of discharged oil off-site to
navigable waters. Groundwater is often
hydrologically connected to navigable
waters; therefore, a ground-water oil plume
has the potential to migrate and contaminate
navigable waters. Oil that repeatedly
contaminates soil as a result of frequent
spills may form subsurface oil plumes,
which have the potential to contaminate
navigable waters when precipitation
migrates through soil to navigable waters.
Therefore, groundwater pathways should be
included as a factor in determining a
facility's reasonable expectation to
discharge.
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November 2010 Questions and Answers
Additional information for determining
whether a facility could reasonably be
expected to discharge to navigable waters is
available on page 2-13 of the SPCC
Guidance Document for Regional Inspectors
(EPA550-B-05-001), available at the
following URL:
http://www.epa.gov/emergencies/content/sp
cc/spcc guidance.htm
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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: Funding Guidance for State and
Tribal Response Programs: Fiscal Year 2011
PUBLICATION DATE: November 2010
EPA ORDER No.: EPA560-Z-10-001
AVAILABILITY: Internet
http://www.epa.gov/swerosps/bf/proposal g
uides/fvllST final.pdf
This document provides guidance for states
and tribes applying for and using CERCLA
§128(a) funds for Fiscal Year 2011. This
funding helps to establish and enhance state
and tribal response programs, including the
assessment, cleanup, and redevelopment of
brownfields sites and other sites with actual
or perceived contamination.
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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
TRI
"Oil Pollution Prevention; Spill
Prevention, Control, and
Countermeasure (SPCC) Rule-
Compliance Date Amendment"
October 14, 2010 (75 FR 63093)
EPA expanded the TRI toxic chemical list
by adding 16 chemicals classified as
"reasonably anticipated to be a human
carcinogen" by the National Toxicology
Program's (NTP) Report on Carcinogens.
EPA has determined that these 16 chemicals
meet the EPCRA §313(d)(2)(B) statutory
listing criteria because they can reasonably
be anticipated to cause cancer in humans.
Twelve of the chemicals are listed
individually, while the remaining four have
been added to the polycyclic aromatic
compound (PAC) category. The effective
date of this rulemaking is November 30,
2010 and shall apply for reports due July 1,
2012 for Reporting Year 2011.
NOTICES
CERCLA
"Agency Information Collection
Activities OMB Responses"
November 5, 2010 (75 FR 68354)
This document announced the Office of
Management and Budget (OMB) responses
to Agency clearance requests, in compliance
with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Specifically,
Information Collection Request (ICR)
Number 1664.07, "National Oil and
Hazardous Substances Pollution
Contingency Plans (Renewal)," was
approved on October 1, 2010. This ICR,
OMB Control Number 2050-0141, expires
October 31,2013.
"Comprehensive Environmental
Response, Compensation and
Liability Act (CERCLA) or
Superfund, Section 128(a); Notice of
Grant Funding Guidance for State
and Tribal Response Programs for
FY2011"
November 16, 2010 (75 FR 69992)
EPA announced it is receiving requests
from December 1, 2010 through January 31,
2011, for grants to supplement state and
tribal response programs. This notice
provided guidance on eligibility for funding,
use of funding, grant mechanisms and
process for awarding funding, the allocation
system for distribution of funding, and terms
and reporting under these grants. For fiscal
year 2011, EPA will consider funding
requests up to a maximum of $1.3 million
per state or tribe. The effective date of this
action is December 1, 2010.
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November 2010
Federal Registers
"Availability of Draft Toxicological
Profiles"
November 22, 2010 (75 FR 71123)
The Agency for Toxic Substances and
Disease Registry (ATSDR) announced the
availability of the updated toxicological
profile for Toxaphene and the toxicological
profile for Trichlorobenzenes. Comments
must be received by February 25, 2011.
"Availability of Final Toxicological
Profiles"
November 30, 2010 (75 FR 74053)
ATSDR announced the availability of one
new and six updated final toxicological
profiles of priority hazardous substances.
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., Inc., et al"
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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November 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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