[Federal Register Volume 69, Number 22 (Tuesday, February 3, 2004)]
[Notices]
[Pages 5147-5154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2156]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7601-8]
Notice of Availability and Opportunity To Comment on the ``Draft
CERCLA Model Application/Information Request for Service Station
Dealers'' for Section 114(c) of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA); Notice of Public
Meeting
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability and opportunity for public comment;
notice of public meeting.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a
60-day public comment period for the document entitled ``Draft Model
CERCLA Application/Information Request for Service Station Dealers.''
EPA also is announcing a public meeting to discuss questions and
comments on the draft model document.
DATES: Comments on the ``Draft Model CERCLA Application/Information
Request for Service Station Dealers'' must be received by April 5,
2004. The public meeting will be held on Wednesday, March 3, 2004 from
1 to 4 pm.
ADDRESSES: Comments may be sent by e-mail to [email protected],
mailed to Susan Boushell, Office of Site Remediation Enforcement (Mail
Code 2273A), U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20006, or delivered to Susan Boushell,
Ariel Rios South Building, 1200 Pennsylvania Avenue, NW., Room 6233Q,
Washington, DC 20006, (202) 564-2173. The public meeting will be held
in room 6226 of EPA's Ariel Rios South Building, 1200 Pennsylvania
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Susan Boushell, EPA's Office of Site
Remediation Enforcement, (202) 564-2173 or [email protected].
SUPPLEMENTARY INFORMATION: Under CERCLA Section 114(c), certain service
station dealers may be exempt from liability under section 107(a)(3) or
107(a)(4) for a release or a threatened release of recycled oil. In
2002, EPA issued a memorandum entitled ``Use of CERCLA Section 114(c)
Service Station Dealers Exemption,'' which discusses the scope of the
exemption and encourages EPA Regions to consider its application at
sites involving used oil. A copy of this memorandum may be found on
EPA's Web page at http://www.epa.gov/compliance/resources/policies/cleanup/superfund/serv-sta-exemp-mem.pdf.
EPA currently is developing a model CERCLA application/information
request which is focused specifically on the service station dealer
industry. This targeted application/information request generally would
be used in lieu of a more general information request for any party EPA
has reason to believe may be eligible for the service station dealer
exemption. EPA believes the model document would provide an efficient
method for gathering the information necessary to decide which parties
it should or should not treat as potentially responsible parties (PRPs)
at a particular Superfund site.
At some sites, EPA will not have sufficient information regarding
the identities of potential service station dealers until after a more
general request for information has been issued to parties at the site.
At those sites where EPA has reason to believe there may be service
station dealers (e.g., a waste oil recycling facility), the Agency
would include a statement in the general information request or general
notice letter (whichever is sent first) that a party may request the
targeted application/information request for service station dealers.
A copy of the ``Draft Model CERCLA Application/Information Request
for Service Station Dealers'' is published below and will be available
on the Internet at http://cfpub.epa.gov/compliance/resources/policies/cleanup/superfund/ssde-draftmod-104e-mem.pdf for review and comment by
interested parties. The public meeting will include a brief overview of
the draft model, followed by a question, answer and comment period.
Those planning to attend the meeting should call Susan Boushell at
(202) 564-2173 by Thursday, February 26, 2004, so their names can be
added to a security list.
After EPA considers and incorporates, as appropriate, comments
received during the public review process, EPA will publish a notice of
availability of the final model application/information request in the
Federal Register.
Dated: January 29, 2004.
Susan Bromm,
Director, Office of Site Remediation Enforcement.
Draft Model CERCLA Application/Information Request for Service Station
Dealers
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[Date]
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Certified Mail
Return Receipt Requested
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[Recipient Name]
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[Recipient Address]
Re: Application/Information Request for the Service Station Dealer
Exemption
Dear [Recipient]: --------
The United States Environmental Protection Agency (EPA) is
currently working to clean up the [name] Site located in [city, state]
under the federal Superfund program. Superfund is a program
administered by EPA that is designed to clean up hazardous substances
that may pose a threat to human health or the environment. A Site
Information Sheet describing the history, conditions and EPA's efforts
at the [name] Site is attached to this letter.
EPA is sending this letter to you because EPA has reason to believe
that you or your business may have sent
[[Page 5148]]
hazardous substances to the [name] Site. However, you may qualify for
an exemption called the ``Service Station Dealer Exemption.'' If EPA
considers you to be exempt, EPA would not require you to help pay for
cleanup activities at the site. To help EPA make this decision, you are
requested to respond to the questions in the attached Application/
Information Request within thirty (30) days of receipt of this letter.
Below this letter provides a brief overview of the Superfund program,
describes the Service Station Dealer Exemption, and explains the
process for completing the Application/Information Request.
Background
Under the Superfund law, EPA has the authority to take action at a
site contaminated with high levels of hazardous substances that may
present a threat to human health or the environment. (The full name of
the Superfund law is the Comprehensive Environmental Response,
Compensation and Liability Act, or ``CERCLA,'' 42 U.S.C. 9601-9674.)
The Superfund law also authorizes EPA to require the parties who are
responsible for the contamination (``potentially responsible parties''
or ``PRPs'') to help clean up the site.
The law, however, contains several exemptions which may reduce or
eliminate a party's responsibility for cleanup, including the Service
Station Dealer Exemption under section 114(c) of CERCLA, 42 U.S.C.
9614(c). An EPA memorandum discussing the scope of the exemption can be
found on EPA's Web page at http://www.epa.gov/compliance/resources/
policies/cleanup/superfund/serv-sta-exemp-mem.pdf. To help EPA decide
whether or not to treat a party as a PRP at a site, section 104(e) of
CERCLA allows EPA to require a party to provide information regarding
its involvement at the site.
Service Station Dealer Exemption
EPA is sending you this letter and attached Application/Information
Request because EPA has reason to believe that you or your business may
qualify for the Service Station Dealer Exemption. You may be eligible
for the Service Station Dealer Exemption if you:
(1) Are or were a Service Station Dealer;
(2) Collected ``Do-It-Yourselfer'' Used Oil (also referred to as
DIY Used Oil);
(3) Transported or sent this Do-It-Yourselfer Used Oil to the
[name] Site after March 8, 1993;
(4) Did not mix hazardous substances with Used Oil generated or
collected by your facility; and
(5) complied with the Used Oil management standards found in the
Code of Federal Regulations (40 CFR Part 279).
Each of the italicized terms is defined in the ``Definitions''
section of the Application/Information Request. If you owned or
operated the [name] Site, you would not qualify for the Service Station
Dealer Exemption.
Application/Information Request
EPA is requesting that you respond to the attached Application/
Information Request within thirty (30) days of your receipt of this
letter. The Instructions for completing the Application/Information
Request begin on page 11. The Definitions that apply to this
Application/Information Request begin on page 14, immediately after the
Instructions. The Instructions and Definitions are very important and
may affect your response. Please read them carefully before answering
any questions.
Please send your response to this letter within thirty (30) days
to:
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Please note that your response to this Application/Information
Request is required by law. Please also note that false, fictitious, or
fraudulent statements or representations may subject you to civil or
criminal penalties under Federal law.
After EPA receives your response, EPA will determine if any
additional information from you is necessary before deciding whether or
not to treat you as a PRP at the [name] Site. Once EPA has received all
the information needed regarding the exemption, EPA will contact you
regarding its decision as soon as possible.
Additional Information
If you have any questions regarding this letter, please contact
[name and phone number of regional contact]. For additional information
on the Superfund law, including the Service Station Dealer Exemption
and other exemptions that may apply, please see EPA's Web site at
http://www.epa.gov/compliance/cleanup/superfund/index.html. Last,
enclosed with this letter is a Small Business Regulatory Enforcement
Fairness Act (SBREFA) fact sheet, which includes information that may
be helpful to small businesses.
Thank you for your cooperation in responding to this Application/
Information Request.
Sincerely,
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Attachments
Site Information Sheet
Small Business Information Sheet
Application/Information Request
Appendix A to Application/Information Request
Appendix B to Application/Information Request
*Please Read the Instructions and Definitions Before Completing*
Application/Information Request
Please fill out this Application/Information Request as completely
and accurately as possible. In preparing your response, refer to any
records, receipts, cancelled checks, invoices and other documents which
will help you to provide accurate and complete responses. Also consult
with other people who may have information. At the end of this
Application/Information Request, you will be asked to certify that your
answers are correct and accurate to the best of your knowledge.
The Instructions for the Application/Information Request begin on
page 11. The Definitions for the words in italics begin on page 14,
immediately after the Instructions. The Instructions and Definitions
are very important and may affect your response. Please read them
carefully before answering any question.
Answer the following questions by marking the appropriate box(es)
and/or filling in the space(s) provided. If additional space is
required, please provide your answer(s) on additional sheets.
1. Name of the Person Completing Application/Information Request
In the spaces below, state the name, title, address and telephone
number of the person completing this Application/Information Request.
Name-------------------------------------------------------------------
Title (if any)---------------------------------------------------------
Address----------------------------------------------------------------
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Telephone--------------------------------------------------------------
2. Name and Address of the Business
Name-------------------------------------------------------------------
Address----------------------------------------------------------------
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Telephone--------------------------------------------------------------
3. Determination That Exemption Does Not Apply
Have you already determined that the Service Station Dealer
Exemption does not apply to the Business?
[ballot] yes [ballot] no
If ``yes,'' answer only questions 6, 14 and 15 and complete the
chart in Appendix A. Then STOP and sign the certification at the end of
this Application/Information Request.
[[Page 5149]]
4. Description of the Business
(A) Is the Business a motor vehicle service station, filling
station, garage, or similar retail business involved in the sale,
repair, or servicing of motor vehicles?
[ballot] yes [ballot] no
(B) Is the Business a Government Agency that established a facility
solely for the purpose of accepting Do-It-Yourselfer Used Oil (DIY Used
Oil)?
[ballot] yes [ballot] no
If ``yes,'' state:
1. The name of the facility established to accept DIY Used Oil--------
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2. The address of the facility----------------------------------------
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3. The EPA ID Number, if any------------------------------------------
4. The State ID Number, if any----------------------------------------
5. The date that the facility was established-------------------------
6. The date(s) that the facility accepted DIY Used Oil----------------
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(C) Is the Business a Refuse Collection Service compelled by State
law to collect, accumulate and deliver DIY Used Oil?
[ballot] yes [ballot] no
If ``yes,'' state:
1. The name of the Refuse Collection Service compelled to accept DIY
Used Oil---------------------------------------------------------------
2. The EPA ID Number, if any------------------------------------------
3. The State ID Number, if any----------------------------------------
4. The date(s) that Refuse Collection Service accepted DIY Used Oil---
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5. The citation, name, and date of the law that compelled the Refuse
Collection Service to accept DIY Used Oil------------------------------
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(D) [ballot] The Business is/was not any of the above
If you checked (D):
1. Describe the Business (e.g., the type and nature of its
operations):-----------------------------------------------------------
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2. Answer only Questions 6, 14 and 15 and complete the chart in
Appendix A. Then STOP and sign the certification at the end of this
Application/Information Request.
5. Collection of Do-It-Yourselfer Used Oil
Does the Business accept or did the Business ever accept DIY Used
Oil?
[ballot] yes [ballot] no [ballot] don't know
If ``yes,'' provide the date(s) (or, if over an extended period of
time, a range of dates, e.g., May 1986 to April 1998) that the Business
accepted DIY Used Oil:
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If ``no,'' answer only Questions 6, 14 and 15 and complete the
chart in Appendix A. Then STOP and sign the certification at the end of
this Application/Information Request.
6. Relationship to the [Name] Site
(A) At any time, did the Business own or operate any portion of the
[name] Site?
[ballot] yes [ballot] no [ballot] don't know
(B) Did the Business send or arrange to send Used Oil to the [name]
Site?
[ballot] yes [ballot] no [ballot] don't know
If ``yes,'' complete the chart in Appendix A.
(C) Did the Business send or arrange to send waste or other
materials (that were not Used Oil) to the [name] Site?
[ballot] yes [ballot] no [ballot] don't know
If ``yes,'' complete the chart in Appendix A.
7. Percentage of Gross Revenue From Fueling, Repairing or Servicing
Motor Vehicles
Do you know the percentage of gross revenue that the Business
received from the fueling, repair, servicing of or similar work on
motor vehicles for each year that the Business sent Used Oil to the
[name] Site?
[ballot] yes [ballot] no [ballot] don't know
If ``yes,'' complete the chart in Appendix B.
8. Used Oil Management
Did the Business place any of the following in tank(s) or
container(s) the Business used to store Used Oil (including DIY Used
Oil)? (Mark all those that apply. Dates may be listed separately or
over a period of time, e.g., 5/29/94-9/4/96.)
(A) Automobile coolant/antifreeze
[ballot] yes; always
Dates ----------
[ballot] yes; sometimes
Dates ----------
[ballot] no; never
[ballot] don't know
(B) Solvents, degreasers, cleaners, or similar products, including
carburetor and brake cleaners and rags or wipes containing solvents or
degreasers
[ballot] yes; always
Dates ----------
[ballot] yes; sometimes
Dates ----------
[ballot] no; never
[ballot] don't know
(C) Polychlorinated Biphenyl (PCB) oils or other materials
containing PCBs
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
Note: PCBs may be found in oils from transformers, capacitors,
voltage regulators, circuit breakers, switches, reclosers,
electromagnets, fluorescent lamp ballasts, starting aids for small
motors in refrigerators and washing machines, sealants and oil
reservoirs in vapor diffusion or vacuum or water well pumps,
hydraulic system fluids, heat transfer fluids.)
(D) Waste lead-acid or mercury-containing batteries or their
components
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(E) Asbestos-containing brake shoes or pads
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(F) Scrap metal with lead solder (e.g., radiators)
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(G) Mercury switches (e.g., automotive convenience lighting)
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(H) Paint, paint thinner, rags contaminated with paint or paint
thinner
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(I) Pesticides (e.g., arsenic compounds, cyanide compounds,
chlordane, 2,4-D, endrin, heptachlor, lindane, pyridine, toxaphene,
silvex/2,4,5-TP)
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(J) Other materials
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[[Page 5150]]
[ballot] no; never
[ballot] don't know
If other hazardous substances were added to Used Oil (including DIY
Used Oil) collected or generated by the Business, describe what was
added:
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9. Storage
What was used to store Used Oil? (Mark all those that apply. Dates
may be listed separately or over a period of time, e.g., 5/29/94-9/4/
96.)
(A) Container(s) (e.g., 55-gallon drum, bucket, dumpster)
[ballot] yes; always
Date(s) ----------
Container type(s) ----------
[ballot] yes; sometimes
Date(s) ----------
Container type(s) ----------
[ballot] no; never
[ballot] don't know
(B) Aboveground tank(s)
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(C) Underground tank(s)
[ballot] yes; always
Date(s) ----------
[ballot] yes; sometimes
Date(s) ----------
[ballot] no; never
[ballot] don't know
(D) Other storage unit(s) (e.g., containment building, basement,
vault, sump, wastewater treatment unit, surface impoundment, holding
pit, storage pit, settling pit, aeration pit, pond, lagoon, pile,
trench, gutter, roll-off box)
[ballot] yes; always
Date(s) --------
Unit type(s) --------
[ballot] yes; sometimes
Date(s) --------
Unit type(s) --------
[ballot] no; never
[ballot] don't know
(E) [ballot] Unknown
10. Labeling of Tanks, Containers and Fill Pipes
(A) Were Tank(s) and Container(s) the Business used to store Used
Oil labeled or clearly marked with the words ``Used Oil'' at all times
after March 8, 1993?
[ballot] yes; always
Date(s) --------
[ballot] yes; sometimes
Date(s) --------
[ballot] no; never
[ballot] don't know
[ballot] not applicable (i.e., the Business did not store DIY Used
Oil)
(B) Were underground storage tank fill pipes the Business used to
transfer Used Oil, labeled or clearly marked with the words ``Used
Oil'' at all times after March 8, 1993?
[ballot] yes; always
Date(s) --------
[ballot] yes; sometimes
Date(s) --------
[ballot] no; never
[ballot] don't know
[ballot] not applicable (i.e., the Business did not use
Underground Storage Tank fill pipes)
11. Condition of Tanks and Containers
(A) Did the Business, at any time after March 8, 1993, manage Used
Oil in Tanks or Containers which were leaking, severely rusted, or had
apparent structural defects or deterioration?
[ballot] yes
Each date of discovery--------
[ballot] no; never
[ballot] don't know
[ballot] not applicable (i.e., the Business did not accept DIY
Used Oil for collection)
(B) If ``yes,'' describe what the Business did when it discovered
container(s) that had structural defects or that were leaking or
severely rusting or deteriorating. (Include a description of the steps
taken to stop any leaks; to address any release of oil; and to repair
or replace the container):
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12. Spill Prevention and Containment
(A) At any time after March 8, 1993, did the Business have or does
the Business currently have: (1) a total aboveground oil storage
capacity of greater than 1,320 gallons; (2) oil storage capacity
greater than 660 gallons capacity in a single aboveground container; or
(3) a total underground oil storage capacity of 42,000 gallons?
[ballot] yes [ballot] no [ballot] don't know
(B) If ``yes,'' state:
The amount of such oil storage capacity:------------------------------
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The date(s) the Business had such capacity:---------------------------
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(C) If ``yes,'' does the Business have a Spill Prevention, Control
and Countermeasures (SPCC) Plan?
[ballot] yes
[ballot] no
[ballot] don't know
[ballot] not applicable (i.e., the Business does not have the
storage capacity listed)
(D) If you answered ``yes'' to Question 12(B), state whether there
was ever a leak or release from any of these units.
[ballot] yes [ballot] no [ballot] don't know
If ``yes'':
State the each date(s) of the release(s)------------------------------
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Describe the steps the Business took to address the release(s)--------
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(E) If the Business had or currently has a Spill Prevention,
Control and Countermeasures Plan (SPCC Plan), does or did the Business
follow it?
[ballot] yes, always
Dates SPCC Plan Followed ------
[ballot] yes, sometimes
Dates SPCC Plan Followed ------
[ballot] no
[ballot] don't know
[ballot] not applicable (i.e., the Business has not had the
storage capacity listed)
(F) Provide a copy of each SPCC Plan the Business had from March 8,
1993 to present.
(G) If, at any time after March 8, 1993, the Business stored Used
Oil in Underground Storage Tanks, provide:
Date(s) Underground Storage Tanks used:-------------------------------
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Description of Leak Detection System:---------------------------------
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(H) If the Business stores or stored Used Oil in Underground
Storage Tanks, describe what, if anything, the Business does or did to
monitor those tanks for leaks or releases:
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13. Notification to the Public That the Business Accepted DIY Oil
How was the public notified that the Business accepted DIY Oil?
(Mark all that apply)
[ballot] Sign at premises
[ballot] Notice on Service Sign-in Form
[ballot] Newspaper
[ballot] Leaflets/Pamphlets
[ballot] Radio, television
[ballot] Through listing on the Internet
[ballot] Through registration, licensing or permitting by a state/
county/municipal/local government to manage Used Oil (``Used oil
collection center'')
[ballot] Through 1 (800) CLEAN-UP (EPA- and business-sponsored
helpline)
[ballot] Other
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14. Request for Copies of Documents and Records
For each shipment listed on Appendix A, provide a copy of each
[[Page 5151]]
document, including log books, bills of lading, manifests, proofs of
delivery, waste tickets, waste analyses, contracts, check stubs and any
other information (e.g., correspondence, photographs) you have about
the materials transported to the [name] Site.
15. Other Information
Please provide any information you have about: (1) other persons
who may have knowledge or information that may assist EPA in its
investigation of the [name] Site or who may be responsible for the
contamination found at the Site; or (2) persons you consulted in
completing this Application/Information Request. Please attach any
related documents.
Name-------------------------------------------------------------------
Title (if any)---------------------------------------------------------
Employer---------------------------------------------------------------
Bus. Address-----------------------------------------------------------
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Bus. Tel.--------------------------------------------------------------
Name-------------------------------------------------------------------
Title (if any)---------------------------------------------------------
Employer---------------------------------------------------------------
Bus. Address-----------------------------------------------------------
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Bus. Tel.--------------------------------------------------------------
(Continue on separate sheet(s), as necessary)
Certification of Responses
I, --------------, swear, under penalty of perjury, that the
answers provided in response to this Application/Information Request
are true and correct to the best of my knowledge, information and
belief.
Signature--------------------------------------------------------------
Title------------------------------------------------------------------
Bus. Address-----------------------------------------------------------
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Date ---------- Bus. Tel.----------
Instructions
Under the authority of section 104(e)(2) of CERCLA (42 U.S.C.
9604(e)(2)), EPA requests your response to this Application/Information
Request. Compliance with this Application/Information Request is
required by law. Please note that false, fictitious, or fraudulent
statements or representations may subject you to civil or criminal
penalties.
1. Answer Every Question Completely. Unless otherwise indicated, a
response must be made to each question in the Application/Information
Request. For each question, if information responsive to this
Application/Information Request is not in your possession, custody, or
control, please identify the person(s) from whom such information may
be obtained.
2. Provide the Best Information Available. Provide responses to the
best of your ability, even if the information requested was never put
down in writing or if the written documents are no longer available.
You should seek out responsive information from current and former
employees, franchisees, contractors, transporters and other agents and
persons who may have information relevant to this Application/
Information Request. Submission of incomplete responses when other
responsive information is available to you will be considered non-
compliance with this Application/Information Request.
3. Identify Sources of Answer. For each question, identify all the
persons and documents on which you relied to produce your answer.
4. Dates. If you are requested to provide ``each date'' on which an
activity took place, you must list every individual date on which that
activity took place. Where dates are requested without a request to
provide ``each date'', you may list each date on which the activity at
issue took place or, if the activity took place over an extended
period, you may provide the period over which such activity took place
(e.g., ``5/29/94-9/4/96; 11/28/98-4/9/02'').
5. Continuing Obligation To Provide/Correct Information. Pursuant
to CERCLA Section 104(e)(2), if additional information or documents
responsive to this Request become known or available to you after you
respond to this Request, you must supplement your response to EPA.
6. Confidential Information. The information requested herein must
be provided even though you may contend that it includes confidential
information or trade secrets. You may assert a confidentiality claim
covering part or all of the information requested pursuant to section
104(e)(7)(E) and (F) of CERCLA (42 U.S.C. 9604(e)(7)(E) and (F)),
section 3007(b) of RCRA, (42 U.S.C. 6927(b)), and 40 CFR 2.203(b).
To prove your claim of confidentiality, you must provide a
statement that separately address the following points for each
document for which you make a claim of confidentiality. State:
a. The portions of the information alleged to be entitled to
confidential treatment;
b. The period of time for which confidential treatment is desired
(e.g., until a certain date, until the occurrence of a specific event,
or permanently);
c. Measures taken by you to guard against the undesired disclosure
of the information to others;
d. The extent to which the information has been disclosed to
others, and the precautions taken in connection with such disclosure;
e. Pertinent confidentiality determinations, if any, by EPA or
other federal agencies, and a copy of any such determinations or
reference to them, if available; and
f. Whether you assert that disclosure of the information would
likely result in substantial harmful effects on your business'
competitive position, and if so, what those harmful effects would be,
why they should be viewed as substantial, and an explanation of the
causal relationship between disclosure and such harmful effects.
See 40 CFR 2.204(e)(4).
To make a confidentiality claim, please stamp, write or type
``Confidential'' on all confidential responses and any related
confidential documents. Confidential portions of otherwise non-
confidential documents should be clearly identified. You should
indicate a date, if any, after which the information no longer needs to
be treated as confidential. Please submit a clean and a redacted
version of any documents or response for which you claim
confidentiality in a separate envelope.
All confidentiality claims are subject to EPA verification. It is
important that you satisfactorily show that you have taken reasonable
measures to protect the confidentiality of the information, that you
intend to continue to do so, and that it is not and has not been
obtainable by legitimate means without your consent. Information
covered by such claim will be disclosed by EPA only to the extent
permitted by CERCLA Section 104(e) and 40 CFR 2.205(c). If no such
claim accompanies the information when it is received by EPA, it may be
made available to the public by EPA without further notice to you.
7. Disclosure to EPA Contractor. Information that you submit in
response to this Application/Information Request may be disclosed by
EPA to authorized representatives of the United States, pursuant to 40
CFR 2.310(h), even if you assert that all or part of it is confidential
business information. Please be advised that EPA intends to disclose
all responses to this Application/Information Request to one or more of
its private contractors for the purpose of organizing and analyzing the
information contained in the responses to this Application/Information
Request. If you submit information that you assert is entitled to
treatment as
[[Page 5152]]
confidential business information, you may comment on this intended
disclosure within fourteen (14) days of receiving this Application/
Information Request.
8. Personal Privacy Information. Personnel and medical files, and
similar files the disclosure of which to the general public may
constitute an invasion of privacy should be segregated from your
responses, included on a separate sheet(s), and marked as ``Personal
Privacy Information''.
9. Objections to Questions. Even if you have objections to some or
all the questions within the Application/Information Request, you are
still required to respond to each of the questions.
10. If You Need More Space. If more space is required for you to
provide full and complete answers to any question, use additional
sheets of paper and attach these to your response.
Definitions
The following definitions shall apply to the following words as
they appear in this Application/Information Request and the related
Instructions and cover letter. All terms not defined here shall have
their ordinary meaning, unless those terms are defined in CERCLA or the
Resource Conservation and Recovery Act (``RCRA''), in which case the
statutory or regulatory definitions shall apply.
1. The term ``Aboveground Tank'' means a tank used to store or
process used oil that is not an underground storage tank.(See 40 CFR
279.1)
2. The term ``the Business'' means the company, the government or
governmental entity, refuse collection service or other commercial
enterprise to which this request for information is addressed and any
agent, servant or employee of that company, governmental entity, refuse
collection service or other commercial enterprise.
3. The term ``Container'' means any portable device in which a
material is stored, transported, treated, disposed of, or otherwise
handled. (See 40 CFR 279.1)
4. The term ``Do-it-Yourselfer Used Oil'' or ``DIY Used Oil'' means
Household Do-it-Yourselfer Used Oil that was removed from the engine of
a Light Duty Motor Vehicle or household appliance by the owner of such
vehicle or appliance and was presented, by the owner, to the Business
for collection, accumulation and delivery to an oil Recycling Facility.
(See 42 U.S.C. 9614(c)(2); 40 CFR 279.1)
5. The term ``Documents'' means any object that records, stores, or
presents information, and includes writings of any kind, formal or
informal, whether or not wholly or partially in handwriting, including
by way of illustration and not by way of limitation, any invoice,
manifest, bill of lading, receipt, endorsement, check, bank draft,
canceled check, deposit slip, withdrawal slip, order, correspondence,
record book, minutes, memoranda of telephone and other conversations
including meetings/agreements and the like, diary, calendar, desk pad,
scrapbook, notebook, bulletin, circular, form, pamphlet, statement,
journal, postcard, letter, telegram, telex, telescope, telefax, report,
notice, message, analysis, comparison, graph, chart, map, interoffice
or intra office communications, photostat or other copy of any
documents, microfilm or other film record, photograph, sound recording
on any type of device, punch card, disc pack, tape or other type of
memory generally associated with computers and data processing
(including printouts and the programming instructions and other written
material necessary to use such punch card, disc, or disc pack, tape or
other type of memory), every copy of each document that is not an exact
duplicate of a document otherwise provided, every copy of each document
that has any writing on it (including figures, notations, annotations,
or the like), drafts of documents, attachments to or enclosures with
any document, and every document referred to in any other document.
6. The term ``Hazardous Substance'' has the same definition as in
subsection 101(14) of CERCLA, 42 U.S.C. 9601(14), and includes any
mixtures of hazardous substances with any other substances. (See 42
U.S.C. 9601(14))
7. The term ``Household Do-It-Yourselfer Used Oil'' means oil that
is derived from households, such as Used Oil generated by individuals
who generate Used Oil through the maintenance of their personal
vehicles. (See 40 CFR 279.1)
8. The term ``Light Duty Vehicle'' means a passenger car or
passenger car derivative capable of seating twelve passengers or less.
(See 40 CFR 86.1803-01)
9. The term ``Recycled Oil'' means any Used Oil that is reused,
following its original use, for any purpose. This includes oil which is
re-refined, reclaimed, burned or reprocessed. (See 42 U.S.C.
9614(c)(3); 42 U.S.C. 6903(3))
10. The term ``Recycling Facility'' means a Used Oil Processor/Used
Oil Re-refiner, or Used Oil Burner, burning Used Oil for energy
recovery. (See 42 U.S.C. 9614; 40 CFR 279.1)
11. The term ``Service Station Dealer'' means a:
(1) Motor vehicle service station, filling station, garage, or
similar retail business involved in sales, repair, or service of motor
vehicles;
(2) Government Agency that established a facility solely for the
purpose of accepting Do-It-Yourselfer Used Oil; or
(3) Refuse Collection Service compelled by State law to collect,
accumulate and deliver Do-It-Yourselfer Used Oil. (See 42 U.S.C.
9601(37)(A) & (B))
12. The term ``Tank'' means any stationary device, designed to
contain an accumulation of used oil, which is constructed primarily of
non-earthen materials (e.g., wood, concrete, steel, plastic) that
provides structural support. (See 40 CFR 279.1)
13. The term ``Transporter'' means the person(s) who selected the
[name] Site as a treatment or disposal site and transported the
hazardous substances to that Site.
14. The term ``Underground Tank'' means a device meeting the
definition of Tank whose entire surface area is totally below the
surface of and covered by the ground. (See 40 CFR 260.10)
15. The term ``Used Oil'' means (1) any oil that has been refined
from crude oil, or any synthetic oil that (2) has been used, and (3)
contaminated by physical or chemical impurities as a result. Used Oil
includes petroleum-based, water soluble, and also polymer-type
lubricants that are contaminated through use. Used Oil includes Do-It-
Yourselfer Used Oil (DIY Used Oil). Used Oils may include:
spent automotive lubricating oils (including
automotive and truck engine oil and engine, turbine or gear lubricants)
transmission fluid
brake fluid
hydraulic fluid
off-road engine oil
spent industrial oils and process fluids
(including compressor, turbine, and bearing oils, hydraulic oils and
fluids)
metalworking oils and fluid (including cutting,
grinding, machining, rolling, stamping, quenching, coating fluid)
gear oils
electrical oils not containing polychlorinated
biphenyls (PCBs). (See 42 U.S.C. 6903(36), 9614(c)(3); 40 CFR 279.1)
16. The term ``Used Oil Burner'' means a facility where Used Oil,
not meeting the specification requirements in 40 CFR 279.11, is burned
for energy recovery in devices identified in 40 CFR 279.61(a). (See 40
CFR 279.1)
[[Page 5153]]
17. The term ``Used Oil Processor/Re-refiner'' means a facility
that processes Used Oil. (See 40 CFR 279.1)
18. The term ``Used Oil Transporter'' means any person who
transports Used Oil, any person who collects Used Oil from more than
one generator and transports the collected oil, and owners and
operators of used oil transfer facilities. (See 40 CFR 279.1)
19. The terms ``You'' means the addressee of this Request;
including, the addressee's officers, managers, employees, contractors,
trustees, partners, successors, assigns, and agents.
Appendix A
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Manifest , bill of Transporter: Transport by the
lading , Date of delivery Total volume of Total volume of carrier name, business or
or shipment to [name] site shipment used oil address, employee: state
telephone, vehicle owner
ID(s)
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Appendix B
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Year Percentage of service-related gross revenue
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Note.--This Application/Information Request is not subject to the approval requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq.
[FR Doc. 04-2156 Filed 2-2-04; 8:45 am]
BILLING CODE 6560-50-P