[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-----------------------------------------------------------
-----------------------------------------------------------------------

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-----------------------------------------------------------

-----------------------------------------------------------------------
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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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