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. 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 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. ------- 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 ------- 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. ------- 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. ------- 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) ------- 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) ------- |