EPA540-R-11-007
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
August 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
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: The SPCC general applicability in 40
CFR §112. l(b) refers to a discharge of oil in
quantities that may be harmful, as described
in Part 110. Part 110 is often referred to as
the sheen rule. Does a product or substance
have to create a sheen to be subject to
SPCC?
A: The appearance of a sheen is not a
necessary factor in determining SPCC
applicability. The applicability criteria are
based on total oil storage capacity of the
facility and reasonable expectation that a
discharge would affect navigable waters or
adjoining shorelines. For example, the
presence of a sludge or emulsion of
discharged oil deposited beneath the water's
surface or upon adjoining shorelines, or the
violation of an applicable water quality
standard also indicates a harmful discharge.
See40CFR110.3(a)and(b).
Q: SPCC applicability thresholds for
aboveground and completely buried oil
storage capacities are established in 40
CFR §112. l(d)(2). If a facility has a tank
that contains a mixture with oil as an
additive, such as oil-based paint, should the
entire mixture be counted towards a
facility's threshold capacity?
A: Yes; if a mixture contains oil as an
additive, the entire mixture is generally
considered an oil for SPCC purposes. The
percentage of oil in the mixture is not
determinative for the purpose of the
definition of oil. When determining
threshold calculations, a facility
owner/operator must count the total storage
capacity of the container, rather than the
operational amount of oil stored within. It
does not matter whether the container is
actually filled to its capacity.
TRI
Q: If I submit a request to withdrawal a
previously submitted TRI form using TRI-
MEweb, is the withdrawal request
automatically sent to my state?
A: A request for a withdrawal submitted in
TRI-MEweb is automatically submitted to
the state if the user's state is participating in
the TRI Data Exchange (TDX). A user in a
non-TDX state will have to prepare a hard
copy request for withdrawal, which TRI-
MEweb can help the user prepare, and send
the request to the state. A current list of
states participating in TDX is available at
the following URL:
http://www.epa.gov/tri/tridataexchange
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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: OSWER Land Revitalization
Program
PUBLICATION DATE: July 2011
EPA ORDER No.: EPA560-K-11-003
AVAILABILITY: Internet
http://www.epa.gov/landrevitalization/downl
oad/lrstrategybrochure0711 .pdf
This document provides an overview of the
mission, priorities, and approach of the
Office of Solid Waste and Emergency
Response's Land Revitalization Program.
Included in the factsheet are specific
programmatic primacies which are
integrated into larger fundamental goals or
principals of EPA. Additionally, specific
contacts are provided by region and for each
of the individual program coordinators.
TITLE: Program Priorities for Federal
Facility Five-Year Review
PUBLICATION DATE: August 2011
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/swerffrr/pdf/program_p
riorities federal facility five-
year_review.pdf
This memorandum provides information on
the federal facility program priorities for
five-year reviews. The document discusses
management controls ensuring that
recommendations in reports are tracked,
monitored, and implemented; actions needed
to ensure reviews are completed on time;
changes to the Comprehensive
Environmental Response, Compensation,
and Liability Information System five-year
review module; and enforcement oversight
by the Federal Facility Agreements (FFAs).
The memorandum also describes a project
with the Federal Facilities Restoration and
Reuse Office, the Department of Defense,
and the Department of Energy that will
improve the five year-review reports.
EPCRA
TITLE: Hazardous Chemical Reporting:
Revisions to the Emergency and Hazardous
Chemical Inventory Forms (Tier I and Tier
II)
PUBLICATION DATE: August 2011
EPA ORDER No.: EPA550-F-1-1001
AVAILABILITY: Internet
http://www.epa.gov/oem/docs/chem/hazche
m.pdf
This factsheet details the amended elements
of the Tier I and Tier II forms under EPCRA
§312. The specific changes were made to
encourage and support state and local
planning for emergencies caused by the
release of hazardous chemicals and to
provide citizens and governments with
information concerning potential hazards
present in their communities.
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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"
August 10, 2011 (76 FR 49324)
EPA announced the deletion of the
International Smelting and Refining
Superfund Site from the National Priorities
List(NPL). The effective date of this
rulemaking is October 11, 2011, unless EPA
receives adverse comments by September 9,
2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 12, 2011 (76 FR 50133)
EPA announced the deletion of the Pasley
Solvents & Chemicals, Inc. Superfund Site
from the NPL. The effective date of this
rulemaking is September 26, 2011, unless
EPA receives adverse comments by
September 12, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 15, 2011 (76 FR 50414)
EPA announced the deletion of the
Sayreville Landfill Superfund Site from the
NPL. The effective date of this rulemaking
is September 29, 2011, unless EPA receives
adverse comments by September 14, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 18, 2011 (76 FR 51226)
EPA announced the deletion of the
Barceloneta Landfill Superfund Site from
the NPL. The effective date of this
rulemaking is October 3, 2011, unless EPA
receives adverse comments by September
19,2011.
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 10, 2011 (76 FR 49397)
EPA announced its intent to delete the
International Smelting and Refining
Superfund Site from the NPL. Comments
must be received by September 9, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 12, 2011 (76 FR 49397)
EPA announced its intent to delete the
Pasley Solvents & Chemicals, Inc.
Superfund Site from the NPL. Comments
must be received by September 12, 2011.
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August 2011
Federal Registers
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 15, 2011 (76 FR 50441)
EPA announced its intent to delete the
Sayreville Landfill Superfund Site from the
NPL. Comments must be received by
September 14, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
August 18, 2011 (76 FR 51316)
EPA announced its intent to delete the
Barceloneta Landfill Superfund Site from
the NPL. Comments must be received by
September 19, 2011.
EPCRA
"Hazardous Chemical Reporting:
Revisions to the Emergency and
Hazardous Chemical Inventory
Forms (Tier I and Tier II)"
August 8, 2011 (76 FR 48093)
EPA proposed to revise the Hazardous
Chemical Inventory Forms (Tier I and Tier
II) under EPCRA §312 to add new data
elements and to revise some existing data
elements. Specifically, EPA proposed to
add more detailed contact information for
facilities, parent companies, the facility
emergency coordinator, and the individual
responsible for completing the form.
Additionally, EPA proposed to add new data
fields for facilities to indicate if they are
subject to EPCRA §302 Emergency
Planning Notification or the Clean Air Act
§112(r) Risk Management Program and to
add data fields to enter facility identification
numbers that are assigned under the EPCRA
§313 TRI Program or the Risk Management
Program. The rule also proposed to narrow
ranges for reporting the maximum amount
and average daily amount on site. Finally,
EPA proposed to provide separate entries for
mixtures and pure chemicals and manually
list storage types as opposed to selecting
storage codes. Comments must be received
by October 7, 2011.
NOTICES
CROSS-PROGRAM
"Agency Information Collection
Activities OMB Responses"
Augusts, 2011 (76 FR 48161)
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, ICR
Number 1704.14, "Toxic Chemical Release
Reporting, Alternate Threshold for Low
Annual Reportable Amounts (Form A),"
was granted a short term approval on July
27, 2011, to January 31, 2012. Additionally,
ICR Number 1425.07, "Application for
Reimbursement to Local Governments for
Emergency Response to Hazardous
Substance Releases under CERCLA §123,"
was granted a short term approval on July
25, 2011, to October 31,2011.
"Availability of Final Toxicological
Profile for RDX"
August 30, 2011 (76 FR 53906)
The Agency for Toxic Substances and
Disease Registry (ATSDR) announced the
availability of one toxicological profile of a
priority hazardous substance.
SETTLEMENTS AND CONSENT
DECREES
"Proposed Consent Decree; United
States v. Wilko Paint, Inc."
August 3, 2011 (76 FR 46842)
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August 2011 Federal Registers
"Proposed Settlement Agreement;
Swope Oil Superfund Site"
August 4, 2011 (76 FR 47329)
"Proposed Consent Decree; United
States and Commonwealth of
Massachusetts v. BIM Investment
Corp. etal."
August 12, 2011 (76 FR 50254)
"Proposed Settlement Agreement;
Peterson/Puritan Superfund Site"
August 16, 2011 (76 FR 50758)
"Proposed Settlement Agreement;
Carpenter Avenue Mercury Site"
August 17, 2011 (76 FR 51029)
"Proposed Consent Decree; United
States v. Clean Harbors of Braintree,
Inc."
August 18, 2011 (76 FR 51397)
"Proposed Consent Decree; United
States v. C.A.I. Inc., etal."
August 18, 2011 (76 FR 51398)
"Proposed Consent Decree; United
States and State of Montana v. Soco
West, Inc."
August 22, 2011 (76 FR 52350)
"Proposed Consent Decree; United
States v. Hammond Group, Inc."
August 25, 2011 (76 FR 53155)
"Proposed Consent Decree; United
States v. Rexam Inc."
August 29, 2011 (76 FR 53697)
"Proposed Settlement Agreement; Ely
Copper Mine Superfund Site"
August 30, 2011 (76 FR 53898)
"Proposed Consent Decree; United
States, et, al. v. INVISTA, S.a r.l."
August 30, 2011 (76 FR 53942)
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