EPA540-R-11-006
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
July 2011
Services in support of OSRTI, OIAA, and OEM
National Toll-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
The complete text of all Monthly Reports, beginning with November 1991, may be accessed on
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QUESTIONS AND ANSWERS
TRI
Q: What is the TRI Comparative Analysis
Tool?
A: The TRI Comparative Analysis Tool
allows users to easily compare TRI data
facility-level data from other EPA data
sources, providing more context for TRI
information. The tool also helps the user
identify possible TRI data quality problems,
potential non-reporting to TRI, and potential
program reporting violations. The TRI
Comparative Analysis tool can be accessed
from the TRI Homepage and is available at
EPA's Enforcement and Compliance
History Online (ECHO) database at the
following URL:
http://www.epa-
echo. gov/echo/tri comparative
Q: What information is available in the
initial 2010 TRI Dataset and where can
users access it?
A: The initial TRI Dataset is a publicly
available resource developed by EPA to
allow the public an early opportunity to
review and analyze the most current TRI
information prior to the publication of the
TRI National Analysis in December. The
TRI preliminary dataset is accessible
through downloadable data files or online in
the Envirofacts Warehouse. The
downloadable data files are provided in
three groups: basic data files, basic plus data
files, and dioxin and dioxin-like compounds.
Basic data files provide access to facility
information and most notably the release
quantities at a particular facility. Basic plus
data files offer more exhaustive categorical
breakdowns of both on-site and off-site
waste management and release activities.
Dioxin and dioxin like compound
information is available through toxic
equivalent (TEQ) files. TEQs allow the
public to understand the toxicity of releases
and waste management activities at facilities
that report to the TRI Program. The dataset
is also accessible through Data.gov, a
federal data service created to promote
transparency and increase public access to
federal datasets.
EPA has developed questions and answers
that provide more detailed information about
the TRI initial dataset. EPA encourages data
users to read the questions and answers to
understand the limitations of using and
analyzing the data before the dataset is
complete. The initial dataset, questions and
answers about the dataset, and additional
information are all available at the following
URL:
http://www.epa.gov/tri/tridata/preliminaryda
taset
Q: If a facility only knows the upper bound
concentration of a TRI chemical in a
mixture, the upper bound must be used for
threshold determinations. If a facility knows
both the lower and upper bound
concentrations of the TRI chemical, EPA
recommends that the midpoint of the two
concentrations be used for threshold
determinations. If a covered facility
receives a material safety data sheet
(MSDS)from its supplier that states that the
concentration of the TRI substance in the
mixture ranges between zero and 10
percent, can the facility estimate the
concentration of the TRI chemical in the
mixture by using zero as the lower bound?
A: No, a facility cannot estimate the
concentration of a TRI chemical in a
mixture by using zero as a "lower bound"
concentration, even if the facility receives an
1
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July 2011 Questions and Answers
MSDS from a supplier stating that the
concentration of a TRI substance is between
zero and a stated upper bound. If an MSDS
shows zero as the "lower bound" of the
concentration range, then the lower bound
concentration is unknown, and the facility
must use the provided upper bound for
threshold determinations (40 CFR
§372.30(b)(3)(ii)). Therefore, in the
scenario above, since the facility only knows
that the upper bound is 10 percent, it must
calculate the amount of TRI chemical in the
mixture based on the 10 percent
concentration.
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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
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the Hipps Road Landfill
Superfund Site"
July 15, 2011 (76 FR 41719)
EPA announced the deletion of the Hipps
Road Landfill Superfund Site from the
National Priorities List (NPL). The
effective date of this rulemaking is
September 13, 2011, unless EPA receives
adverse comments by August 15, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
July 18, 2011 (76 FR 42055)
EPA announced the withdrawal of the May
24, 2011, final rule to partially delete
Operable Unit 9 (OU9) of the California
Gulch Superfund Site from the NPL due to
adverse comments that were received during
the public comment period for 76 FR 30027.
The effective date of this rulemaking is July
18,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the State Marine of Port
Arthur Superfund Site"
July 29, 2011 (76 FR 45428)
EPA announced the deletion of the State
Marine of Port Arthur Superfund Site from
the NPL. The effective date of this
rulemaking is September 27, 2011, unless
EPA receives adverse comments by August
29,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the Palmer Barge Line
Superfund Site"
July 29, 2011 (76 FR 45432)
EPA announced the deletion of the Palmer
Barge Line Superfund Site from the NPL.
The effective date of this rulemaking is
September 27, 2011, unless EPA receives
adverse comments by August 29, 2011.
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July 2011
Federal Registers
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the Hipps Road Landfill
Superfund Site"
July 15, 2011 (76 FR 41751)
EPA announced its intent to delete the
Hipps Road Landfill Superfund Site from
the NPL. Comments must be received by
August 15,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Notice
of Intent for Deletion of the State
Marine of Port Arthur Superfund
Site"
July 29, 2011 (76 FR 45483)
EPA announced its intent to delete the State
Marine of Port Arthur Superfund Site from
the NPL. Comments must be received by
August 29, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Notice
of Intent for Deletion of the Palmer
Barge Line Superfund Site"
July 29, 2011 (76 FR 45484)
EPA announced its intent to delete the
Palmer Barge Line Superfund Site from the
NPL. Comments must be received by
August 29, 2011.
CROSS PROGRAM
"Spring 2011 Regulatory Agenda"
July 7, 2011 (76 FR 40118)
EPA published the Semiannual Regulatory
Agenda to update the public about
regulations and major policies currently
under development, reviews of existing
regulations and major policies, and
regulations and major policies completed or
canceled since the last Agenda.
NOTICES
CERCLA
"Agency Information Collection
Activities: Proposed Collection;
Comment Request; Application for
Reimbursement to Local
Governments for Emergency
Response to Hazardous Substance
Releases under CERCLA Section
123"
July 13, 2011 (76 FR 41242)
EPA announced its plans to submit the
following Information Collection Request
(ICR) to the Office of Management and
Budget (OMB) for review and approval:
"Application for Reimbursement to Local
Governments for Emergency Response to
Hazardous Substance Releases under
CERCLA Section 123," ICR Number
1425.05, OMB Control Number 2050-0077.
The current expiration date for this ICR is
July 31,2011. Comments must be received
by September 12, 2011.
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Superfund Site Evaluation
and Hazard Ranking System
(Renewal)"
July 26, 2011 (76 FR 44585)
EPA announced that the following ICR has
been forwarded to OMB for review and
approval: "Superfund Site Evaluation and
Hazard Ranking System (Renewal)," ICR
Number 1488.08, OMB Control Number
2050-0095. The current expiration date for
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July 2011
Federal Registers
this ICR is July 31, 2011. Comments must
be received by August 25, 2011.
EPCRA
"Agency Information Collection
Activities; Proposed Collection;
Comment Request; Community
Right-to-Know Reporting
Requirements Under Sections 311
and 312 of the Emergency Planning
and Community Right-to-Know Act
(EPCRA) (Renewal)"
July 26, 2011 (76 FR 44582)
EPA announced that the following ICR has
been forwarded to OMB for review and
approval: "Community Right-to-Know
Reporting Requirements under Sections 311
and 312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA)
(Renewal)," ICR Number 1352.12, OMB
Control Number 2050-0072. The current
expiration date for this ICR is July 31, 2011.
Comments must be received by August 25,
2011.
OIL POLLUTION PREVENTION
"EPA and Army Corps of Engineers
Guidance Regarding Identification
of Waters Protected by the Clean
Water Act"
JulyS, 2011 (76 FR 39101)
EPA extended the comment period for
proposed guidance released on May 2, 2011,
by EPA and the Army Corps of Engineers
describing how the agencies will identify
waters protected by the Federal Water
Pollution Control Act of 1972 (CWA) and
implement the Supreme Court decisions on
this topic (i.e., Solid Waste Agency of
Northern Cook County v. U.S. Army Corps
of Engineers (SWANCC) (531 U.S. 159
(2001)) andRapanos v. United States (547
U.S. 715 (2006)) (76 FR 24479). Under this
proposed guidance, it is expected that the
number of waters identified as protected by
the Clean Water Act (CWA) will increase
compared to current practice and this
improvement will aid in protecting the
Nation's public health and aquatic resources.
This guidance will apply to all CWA
programs, including §303 water quality
standards, §311 oil spill prevention and
response, §401 water quality certification,
§402 National Pollutant Discharge
Elimination System permits, and §404
permits for discharges of dredged or fill
material. The previous expiration date for
the comment period was July 1, 2011. The
agencies have extended the public comment
period by thirty days. Comments must be
received by July 31,2011.
CROSS-PROGRAM
"Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; National Oil and
Hazardous Substance Pollution
Contingency Plan (NCP) (Renewal)"
July 26, 2011 (76 FR 44850)
EPA announced that the following ICR has
been forwarded to OMB for review and
approval: "National Oil and Hazardous
Substance Pollution Contingency Plan
(NCP) (Renewal)," ICR Number 1463.08,
OMB Control Number 2050-0096. The
current expiration date for this ICR is July
31,2011. Comments must be received by
August 25, 2011.
SETTLEMENTS AND CONSENT
DECREES
"Settlement Agreement; Sikes Oil
Service Superfund Site"
July 1,2011 (76 FR 38651)
"Proposed Settlement Agreement;
Nuclear Metals, Inc. Superfund Site"
July 6, 2011 (76 FR 39401)
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July 2011 Federal Registers
"Proposed Settlement Agreement; Price
Landfill Superfund Site"
July6, 2011 (76 FR 39401)
"Proposed Consent Decrees; United
States v. Atlantic Land and
Improvement Co. et al."
July/, 2011 (76 FR 39899)
"Proposed Consent Decrees; United
States et al. v. Seachrome
Corporation"
JulyS, 2011 (76 FR 40393)
"Proposed Consent Decree; United
States and State of Texas v.
Halliburton Energy Services Inc. et al."
July 11, 2011 (76 FR 40748)
"Proposed Settlement Agreement; R&H
Oil/Tropicana Superfund Site"
July 13, 2011 (76 FR 41248)
"Proposed Consent Decree; United
States v. Fairchild Semiconductor
Corp. etal."
July 13, 2011 (76 FR 41301)
"Proposed Consent Decree; United
States v. Northstar Materials Inc (d/b/a
Knife River Materials) & Knife River
Corporation"
July 25, 2011 (76 FR 44358)
"Settlement Agreement; Landia
Chemical Company Superfund Site"
July 27, 2011 (76 FR 44912)
"Settlement Agreement; Callaway and
Son Drum Service Superfund Site"
July 27, 2011 (76 FR 44912)
"Proposed Settlement Agreement;
Landfill and Development, Inc.
Superfund Site"
July 29, 2011 (76 FR 45552)
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