EPA540-R-11-005
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
June 2011
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. GS-23F-0135N/1176.
Latosha Thomas, Project Officer
U.S. Environmental Protection Agency
Washington, DC 20460
Availability
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QUESTIONS AND ANSWERS
TRI
Q: A manufacturing facility uses aforklift as
apiece of equipment to assist in production.
A lead acid battery is used as a means to
power theforklift. Are there any exemptions
that might apply in this situation, allowing
the lead in the battery to be excluded from
threshold calculations under TRI?
A: The use of products containing toxic
chemicals for the purpose of maintaining
motor vehicles operated by the facility is
exempt from threshold determinations and
release and other waste management
reporting under EPCRA §313. This would
include batteries, as long as the battery is
used to maintain the vehicle operated by the
facility. In order to be considered a motor
vehicle, the equipment cannot be stationary.
Motor vehicles include forklifts, as well as
cars, trucks, some cranes, locomotive
engines, and aircraft. This exemption only
applies to the otherwise use of the batteries,
not to manufacturing or processing.
Alternatively, if the battery is completely
sealed while present at the facility, it would
be considered an article, thus making it
exempt from EPCRA §313. This exemption
can be considered in both otherwise use and
processing situations but cannot be used to
exempt a chemical from the manufacturing
threshold. If lead is released from the
batteries under normal processing conditions
at the facility, as might occur during
maintenance of the battery, the release
would negate the article exemption.
If the battery in the forklift is not exempt,
either by way of the motor vehicle or article
exemption, then the reportable toxic
chemicals present in the battery must be
considered in the facility's threshold
calculations.
Q: Hydrogen sulfide was originally added to
the list of TRI covered chemicals in 1993;
however, dating back to 1994, there has
been an administrative stay for reporting
hydrogen sulfide under EPCRA §313. What
is the current status of the administrative
stay on EPCRA §313 reporting
requirements for hydrogen sulfide?
A: Hydrogen sulfide is included on the TRI
list of chemicals reportable under EPCRA
section 313 (40 CFR Part 372, Subpart D).
Beginning with the 2012 reporting year
(reports due July 1, 2013), the
Administrative Stay is lifted and facilities
are required to submit TRI reports for
hydrogen sulfide.
Additional information regarding the lifting
of the administrative stay on hydrogen
sulfide is available at the following URL:
http://www.epa.gov/tri/lawsandregs/hydroge
nsulfide/indexfhtml
Q: The administrative stay for hydrogen
sulfide under EPCRA §313 was lifted in
November 2011; therefore, facilities will be
required to submit TRI reports for Reporting
Year 2012 by July 1, 2013. Will there be
any special applicability issues for the
reporting of hydrogen sulfide?
A: The reporting requirements for hydrogen
sulfide have not changed from those that
have been in place since it was originally
listed in 1993. Therefore, facilities should
consider the following information in
determining applicability:
Hydrogen sulfide is not a persistent
bioaccumulative toxic (PBT) chemical.
Therefore, it is subject to the standard
activity thresholds of 25,000 pounds for
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June 2011 Questions and Answers
manufacturing and processing and 10,000
pounds for otherwise use.
Hydrogen sulfide is listed without a
chemical qualifier; therefore, it is subject to
reporting in all forms in which it is
manufactured, processed, or otherwise used.
For purposes of the de minimis exemption,
the 1.0% level applies to hydrogen sulfide
because it does not meet the Occupational
Safety and Health Administration's
definition of a carcinogen. Therefore,
hydrogen sulfide is exempt in a mixture at a
concentration lower than 1.0%.
Additional information about the reporting
of hydrogen sulfide and the lifting of the
administrative stay are available at the
following URL:
http://www.epa.gov/tri/lawsandregs/hydroge
nsulfide/indexfhtml
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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
NOTICES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the Coker's Sanitation
Service Landfills Superfund Site"
June 3, 2011 (76 FR 32081)
EPA announced the deletion of the Coker's
Sanitation Service Landfills Superfund Site
from the National Priorities List (NPL). The
effective date of this rulemaking is August
2, 2011, unless EPA receives adverse
comments by July 5, 2011.
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Intent
to Delete the Coker's Sanitation
Service Landfills Superfund Site"
June3, 2011 (76 FR 32115)
EPA announced its intent to delete the
Coker's Sanitation Service Landfills
Superfund Site from the NPL. Comments
must be received by July 5, 2011.
CERCLA
"Agency Information Collection
Activities; Proposed Collection;
Comment Request; Continuous
Release Reporting Regulations
(CRRR) Under CERCLA 1980
(Renewal), EPA ICR 1445.11, OMB
Control Number 2050-0086"
June 28, 2011 (76 FR 37809)
EPA announced its plans to submit the
following Information Collection Request
(ICR) to the Office of Management and
Budget (OMB) for review and approval:
"Continuous Release Reporting Regulations
(CRRR) Under CERCLA 1980 (Renewal),"
ICR Number 1445.11, OMB Control
Number 2050-0086. The current expiration
date for this ICR is December 31, 2011.
Comments must be received by August 29,
2011.
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June 2011
Federal Registers
OIL POLLUTION PREVENTION
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Implementation of the Oil
Pollution Act Facility Response Plan
Requirements (Renewal), EPA ICR
1630.10, OMB Control Number 2050-
0135"
June 29, 2011 (76 FR 38148)
EPA announced that the following ICR has
been forwarded to OMB for review and
approval: "Implementation of the Oil
Pollution Act Facility Response Plan
Requirements (Renewal)," ICR Number
1630.10, OMB Control Number 2050-0135.
The current expiration date for this ICR is
June 30, 2011. Comments must be received
by July 29, 2011.
SETTLEMENTS AND CONSENT
DECREES
"Proposed Settlement Agreement;
Agwam Sportsman's Club Superfund
Site"
June 3, 2011 (76 FR 32202)
"Proposed Settlement Agreement;
Casmalia Disposal Site"
June 6, 2011 (76 FR 32360)
"Proposed Consent Decrees; United
States and State of Nebraska v. Union
Pacific Corp., Union Pacific Railway
Co., and Gould Electronics Inc."
June 8, 2011 (76 FR 33364)
"Proposed Consent Decree; United
States v. United Nuclear Corporation"
June 9, 2011 (76 FR 33784)
"Proposed Settlement Agreement;
Fischer and Porter Superfund Site"
June 13, 2011 (76 FR 34229)
"Proposed Consent Decree; District of
Idaho in United States of America et al.
v. Hecla Limited"
June 17, 2011 (76 FR 35470)
"Proposed Consent Decree; United
States v. Tecumseh Products
Company, et al."
June 24, 2011 (76 FR 37152)
"Settlement Agreement; Caraleigh
Phosphate and Fertilizer Works
Superfund Site"
June 30, 2011 (76 FR 38389)
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