EPA540-R-11-008
Superfund, TRI, EPCRA, RMP & Oil
Information Center Monthly Report
September 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: What are the SPCC compliance dates for
farms?
A: On November 22, 2011, EPA amended
the date by which certain farms must
prepare, or amend, and implement their
SPCC Plans to May 10, 2013 to comply
with SPCC rule amendments promulgated
since July 2002 (76 FR 72120). EPA
revised the SPCC rule on July 17, 2002,
December 26, 2006, December 5, 2008,
November 13, 2009, and April 18, 2011.
These modifications revised applicability,
amended requirements for completing SPCC
Plans, streamlined and tailored requirements
for certain sectors, and provided
clarifications.
Owners or operators of farms that were in
operation before August 16, 2002, and that
are subject to the SPCC rule requirements
must maintain and continue implementing
their SPCC Plans in accordance with the
SPCC regulations then in effect. These
farmers must amend their Plans by May 10,
2013 to comply with the SPCC regulatory
amendments promulgated since July 2002.
Owner or operators of farms that began
operating after August 16, 2002 must
develop an SPCC Plan and implement the
Plan by May 10,2013.
Only certain existing farms maintaining an
SPCC Plan or new farms that began
operating after August 16, 2002, are eligible
for the extension (76 FR 72120, 72122). If a
farm was operating prior to August 16, 2002
and was subject to the SPCC rule, the farmer
should have prepared an SPCC Plan.
However, if no Plan was prepared the farmer
must immediately prepare and fully
implement a Plan that meets the current
SPCC rule requirements of 40 CFR 112 (this
includes all rule revisions since July 2002).
TRI
Q: How do I populate my current year TRI
forms with prior year data using TRI-
MEweb? Is this function done
automatically?
A: Preparers will be able to populate data
from the prior reporting year using TRI-
MEweb, but starting in 2012 for Reporting
Year 2011 TRI forms, this function is no
longer automatically performed by the
application. When creating a new form, a
preparer must either proceed by creating a
blank chemical form or by selecting the
Import Data option to pre-populate the prior
year's reported data into the current year
forms. The advantage to having the preparer
manually select which chemical data to
import into each current year TRI form is
that it will import the most recent data
available within EPA's database. This will
ensure that if any change has occurred to a
facility's reported data (i.e., revision) it is
captured prior to importing it into the
current year forms. Note: Given the high
incidence of TRI chemicals erroneously
classified as mixtures, the option to pre-
populate prior year data is not available for
forms submitted for chemicals classified as
mixtures.
Q: Does EPA require facilities to report
electronically for TRI?
A: Although it is strongly encouraged, EPA
does not currently require facilities to report
electronically. At this time, facilities that
report TRI data to EPA may use either the
TRI-MEweb reporting application or paper
reporting forms. For Reporting Year 2010
(RY10), approximately 95% of TRI
1
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September 2011 Questions and Answers
facilities submitted their TRI data using TRI-
MEweb. TRI-MEweb is EPA's preferred
method for TRI submissions because it helps
facilities prepare and submit TRI data and
its use assists EPA to process and expedite
the release of TRI data to the public.
In addition, on March 5, 2012, EPA issued a
proposed rule that would require facilities to
report non-confidential TRI data to EPA
using electronic software (77 FR 13061). If
finalized, this rule would be effective
January 1, 2013, for reports submitted for
RY12. The only exception to this electronic
reporting requirement for TRI data would be
for facilities that submit trade secret TRI
information (including sanitized and
unsanitized information), who could
continue to submit their trade secret
reporting forms and substantiation forms in
hard copy to EPA.
Additional information about the proposed
rule is available at the following URL:
http://www.epa.gov/tri/lawsandregs/electron
icreporting
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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: Recommended Evaluation of
Institutional Controls: Supplement to the
'Comprehensive Five-Year Review
Guidance'
PUBLICATION DATE: September 13,
2011
EPA ORDER No. :NA
OSWER DIRECTIVE No.: 9355.7-18
AVAILABILITY: Internet
http://www.epa.gov/superfund/cleanup/postc
onstructi on/641333.pdf
This document acts as a source of
supplementary guidance to support Five-
Year Reviews (FYR) under CERCLA. It
provides recommendations for conducting
FYRs for the institutional controls
component of site remedies.
TITLE: Celebrating Success: Ryeland Road
Arsenic Site, Heidelberg Township,
Pennsylvania
PUBLICATION DATE: September 2011
EPA ORDER No. :NA
AVAILABILITY: Internet
http://www.epa.gov/superfund/programs/rec
ycle/pdf/ryeland-success.pdf
This document provides an overview of the
innovative techniques being used at the
Ryeland Road Arsenic Site to clean
contaminated areas without destroying an
important natural wetland. Arsenic
contamination originating from a former
pesticides manufacturing facility
contaminated several residential properties,
as well as a forested wetland area and plant
nursery, located down gradient from the
facility's waste disposal area. EPA chose to
preserve the existing habitat by planting
ferns to remediate the residual arsenic
contamination. Today, the ferns are
capturing arsenic and preventing
contamination from moving downstream.
Their effectiveness has eliminated the need
for more invasive approaches, protected
adjacent forested wetlands, and improved
habitat through the creation of a new wet
meadow wetland.
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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
"Designation of Hazardous
Substances; Designation,
Reportable Quantities, and
Notification"
September 8, 2011 (76 FR 55583)
EPA issued a technical amendment to
remove three Chemical Abstracts Service
Registry Numbers that were erroneously
identified with Sodium Phosphate, tribasic
in the list of CERLCA Hazardous
Substances. The effective date of this
rulemaking is September 8, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 13, 2011 (76 FR 56294)
EPA announced the withdrawal of the Final
Direct Notice of Deletion for the Hipps
Road Landfill Superfund Site from the
National Priorities List (NPL). The
effective date of this withdrawal is
September 13, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 16, 2011 (76 FR 57661)
EPA announced the withdrawal of the Final
Direct Notice of Deletion for the State
Marine of Port Arthur Superfund Site from
the NPL. The effective date of this
withdrawal is September 16, 2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 16, 2011 (76 FR 57662)
EPA announced the withdrawal of the Final
Direct Notice of Deletion for the Palmer
Barge Line Superfund Site from the NPL.
The effective date of this withdrawal is
September 16,2011.
"National Priorities List, Final Rule
No. 52"
September 16, 2011 (76 FR 57662)
EPA added 15 new sites to the General
Superfund Section of the NPL. The
effective date of this rulemaking is October
17,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the California Gulch
Superfund Site"
September 21, 2011 (76 FR 58404)
EPA announced the deletion of the
remaining portions of Operable Unit 9
(OU9) of the California Gulch Superfund
Site from the NPL. The effective date of
this rulemaking is September 21, 2011.
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September 2011
Federal Registers
PROPOSED RULES
CERCLA
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 13, 2011 (76 FR 56362)
EPA announced the withdrawal of the
Notice of Intent to Delete the Hipps Road
Landfill Superfund Site from the NPL. The
effective date of this withdrawal is
September 13,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 16, 2011 (76 FR 57701)
EPA announced the withdrawal of the
Notice of Intent to Delete the Palmer Barge
Line Superfund Site from the NPL. The
effective date of this withdrawal is
September 16,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List"
September 16, 2011 (76 FR 57702)
EPA announced the withdrawal of the
Notice of Intent to Delete the State Marine
of Port Arthur Superfund Site from the NPL.
The effective date of this withdrawal is
September 16,2011.
"National Priorities List, Proposed
Rule No. 55"
September 16, 2011 (76 FR 57702)
EPA proposed to add 11 new sites to the
General Superfund Section of the NPL.
Comments must be received by November
15,2011.
"National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List:
Deletion of the Martin-
Marietta/Sodyeco Superfund Site"
September 30, 2011 (76 FR 60777)
EPA announced its intent to delete the
Martin-Marietta/Sodyeco Superfund Site
from the NPL. Comments must be received
by October 31,2011.
TRI
"Toxics Release Inventory (TRI)
Reporting for Facilities Located in
Indian Country and Clarification of
Additional Opportunities Available
to Tribal Governments Under the
TRI Program"
September 30, 2011 (76 FR 60781)
EPA has announced its intent to require
TRI reporting facilities located in Indian
Country to report to the appropriate Tribal
government for the relevant area instead of
the State. EPA intends to improve and
clarify certain opportunities allowing Tribal
governments to participate more fully in the
TRI program. Comments must be received
by November 29, 2011.
SETTLEMENTS AND CONSENT
DECREES
"Proposed Consent Decree; United
States v. The Santos/Alviso
Partnership L.P., etal."
September 2, 2011 (76 FR 54791)
"Proposed Settlement Agreements;
Bountiful/Woods Cross 5th South PCE
Plume Site"
September 6, 2011 (76 FR 55061)
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September 2011
Federal Registers
"Proposed Consent Decree; United
States of America and the
Commonwealth of Pennsylvania v.
Schwab Family Partnership, etal."
September 7, 2011 (76 FR 55419)
"Proposed Settlement Agreement and
Administrative Order on Consent;
Reclamation Oil Site"
September 13, 2011 (76 FR 56452)
"Proposed Consent Decree; United
States v. Jacob Goldberg & Son Inc., el
al."
September 16, 2011 (76 FR 57763)
"Proposed Consent Decree; United
States of America v. CDS Investment
Co., et al."
September 19, 2011 (76 FR 58042)
"Proposed Consent Decree
Modification; United States v. City of
Newburgh, et al."
September 19, 2011 (76 FR 58043)
"Proposed Consent Decree; United
States v. Illinois Central Railroad
Company"
September 20, 2011 (76 FR 58300)
"Proposed Consent Decree; United
States v. M/V COSCO BUSAN, et al."
September 27, 2011 (76 FR 59738)
"Proposed Settlement Agreement; Mine
2028 Site-
September 29, 2011 (76 FR 60493)
"Settlement Agreements; Granite
Timber Post and Pole Site"
September 29, 2011 (76 FR 60493)
"Proposed Consent Decree; United
States and Coeur d'Alene Tribe v. Alice
Consolidated Mines, Inc., etal."
September 29, 2011 (76 FR 60529)
"Proposed Consent Decree; United
States v. TRAC Enterprises, LLC"
September 29, 2011 (76 FR 60529)
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