23304
Federal
Register
/
Vol.
68,
No.
84
/
Thursday,
May
1,
2003
/
Notices
developing
strategies
to
promote
the
use
of
EMS.
Because
sector­
wide
performance
improvement
is
the
goal,
EPA
will
work
with
trade
associations
and
others
to
find
creative
ways
to
measure
environmental
progress
and
burden
reductions.
OPEI
will
maintain
points­
of­
contact
with
the
Metal
Finishing,
Metal
Casting,
Shipbuilding
&
Ship
Repair,
and
Specialty­
Batch
Chemical
sectors.
OPEI
will
follow
through
on
EMS
and
other
projects
that
are
ongoing
with
these
sectors.
Accomplishments
with
the
Meat
Processing
industry
will
support
new
work
with
the
Agribusiness
Sector.
FOR
FURTHER
INFORMATION
CONTACT:
Robert
Benson,
Director,
Sector
Strategies
Division
(
mail
code
1808T),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
Email:
benson.
robert@
epa.
gov.
Telephone:
202
 
566
 
2954.

Dated:
April
28,
2003.
Jessica
L.
Furey,
Associate
Administrator
for
Policy,
Economics
and
Innovation.
[
FR
Doc.
03
 
10887
Filed
4
 
30
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0124;
FRL
 
7305
 
3]

4­
Chlorophenoxyacetic
Acid;
Report
of
the
FQPA
Tolerance
Reassessment
Progress
and
Risk
Management
Decision
(
TRED);
Notice
of
Availability
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
the
availability
of
the
``
Report
of
the
Food
Quality
Protection
Act
(
FQPA)
Tolerance
Reassessment
Progress
and
Risk
Management
Decision
(
TRED)
for
4­
Chlorophenoxyacetic
Acid
(
4­
CPA).''
EPA
has
reassessed
the
two
tolerances,
or
legal
limits,
established
for
residues
of
4­
CPA
in/
on
raw
agricultural
commodities.
These
tolerances
are
now
considered
safe
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
FQPA
of
1996.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2003
 
0124
must
be
received
on
or
before
June
2,
2003.
ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Mark
T.
Howard,
Special
Review
and
Registration
Division
(
7508C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
8172;
fax
number:
(
703)
308
 
8005;
email
address:
howard.
markt@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

This
action
is
directed
to
the
public
in
general,
but
will
also
be
of
interest
to
stakeholders,
including
environmental,
human
health,
and
agricultural
advocates;
the
chemical
industry;
pesticide
users;
and
members
of
the
public
interested
in
the
use
of
pesticides
on
food.
As
such,
the
Agency
has
not
attempted
to
specifically
describe
all
the
entities
potentially
affected
by
this
action.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

B.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2003
 
0124.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
to
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
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Federal
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/
Vol.
68,
No.
84
/
Thursday,
May
1,
2003
/
Notices
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
email
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select
``
search,''
and
then
key
in
docket
ID
number
OPP
 
2003
 
0124.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
opp­
docket@
epa.
gov,
Attention:
Docket
ID
Number
OPP
 
2003
 
124.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB)
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001,
Attention:
Docket
ID
Number
OPP
 
2003
 
0124.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
Attention:
Docket
ID
Number
OPP
 
2003
 
0124.
Such
deliveries
are
only
accepted
during
the
docket's
normal
hours
of
operation
as
identified
in
Unit
I.
B.
1.

D.
How
Should
I
Submit
CBI
to
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.
E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
your
estimate.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternatives.
7.
Make
sure
to
submit
your
comments
by
the
comment
period
deadline
identified.
8.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
response.
It
would
also
be
helpful
if
you
provided
the
name,
date,
and
Federal
Register
citation
related
to
your
comments.

II.
What
Action
is
the
Agency
Taking?

EPA
has
assessed
the
risks
associated
with
the
current
use
of
4­
CPA,
reassessed
two
existing
tolerances,
and
reached
a
tolerance
reassessment
decision.
The
Agency
is
issuing
the
resulting
Report
on
FQPA
Tolerance
Reassessment
Progress
and
Risk
Management
Decision
for
4­
CPA,
known
as
a
TRED,
as
well
as
a
fact
sheet,
and
technical
support
documents.
The
Agency
has
determined
that
there
are
no
dietary
(
food
or
drinking
water)
or
aggregate
risks
of
concern
for
the
current
registered
use
of
4­
CPA,
so
mitigation
of
these
risks
is
not
necessary.
For
the
purposes
of
this
TRED,
EPA
is
assuming
there
is
no
common
mechanism
of
toxicity,
and
that
the
tolerances
established
for
residues
of
4­
CPA
in/
on
raw
agricultural
commodities
are
considered
reassessed
as
safe
under
section
408(
q)
of
the
FFDCA.
EPA
works
extensively
with
affected
parties
to
reach
the
tolerance
reassessment
decisions
presented
in
TREDs.
The
Agency,
therefore,
is
issuing
the
4­
CPA
TRED
as
a
final
decision.
However,
the
docket
remains
open,
and
if
the
Agency
receives
any
comments
by
June
2,
2003,
which
significantly
affect
the
Agency's
decision,
EPA
will
publish
an
amendment
to
the
TRED
in
the
Federal
Register.
In
the
absence
of
substantive
comments,
the
tolerance
reassessment
decisions
reflected
in
this
TRED
will
be
considered
final.

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68,
No.
84
/
Thursday,
May
1,
2003
/
Notices
List
of
Subjects
Environmental
protection,
Pesticides,
Plant
growth
regulators,
Tolerances,
and
4­
CPA.

Dated:
April
23,
2003.
Betty
Shackleford,
Acting
Director,
Special
Review
and
Reregistration
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
03
 
10764
Filed
4
 
30
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7490
 
9]

Notice
of
Proposed
Administrative
Order
on
Consent
Pursuant
to
Sections
106(
a),
107(
a)
and
122(
g)
of
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
(
CERCLA),
PCB
Treatment,
Inc.
Superfund
Site,
Kansas
City,
KS,
and
Kansas
City,
MO,
Docket
No.
CERCLA
07
 
2002
 
0128
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice
of
proposed
administrative
order
on
consent,
PCB
Treatment,
Inc.
Superfund
Site,
Kansas
City,
Kansas,
and
Kansas
City,
Missouri.

SUMMARY:
Notice
is
hereby
given
that
a
proposed
administrative
order
on
consent
regarding
the
PCB
Treatment
Inc.
Superfund
Site
(
Site),
was
signed
by
the
United
States
Environmental
Protection
Agency
(
EPA)
on
February
4,
2003,
and
approved
by
the
United
States
Department
of
Justice
(
DOJ)
on
April
3,
2003.
DATES:
EPA
will
receive
comments
until
June
2,
2003,
relating
to
the
proposed
agreement.

ADDRESSES:
Comments
should
be
addressed
to
Audrey
Asher,
Senior
Assistant
Regional
Counsel,
United
States
Environmental
Protection
Agency,
Region
VII,
901
North
Fifth
Street,
Kansas
City,
Kansas
66101
and
should
refer
to
the
PCB
Treatment,
Inc.
Superfund
Site
Administrative
Order
on
Consent,
Docket
No.
CERCLA
07
 
2002
 
0128.
The
proposed
agreement
may
be
examined
or
obtained
in
person
or
by
mail
at
the
office
of
the
United
States
Environmental
Protection
Agency,
Region
VII,
901
North
Fifth
Street,
Kansas
City,
KS
66101,
(
913)
551
 
7255.

SUPPLEMENTARY
INFORMATION:
The
proposed
agreement
concerns
two
facilities,
about
two
miles
apart,
located
in
the
industrial
areas
of
Kansas
City,
Kansas
at
45
Ewing
Street
and
Kansas
City,
Missouri
at
2100
Wyandotte
Street.
The
facilities
were
formerly
operated
by
PCB
Treatment,
Inc.,
now
a
defunct
corporation.
Between
1982
and
1987,
PCB
Treatment,
Inc.
and
its
subsidiaries
or
affiliates
treated
and
stored
PCBs
contained
in
used
transformers,
capacitors,
oil,
equipment,
and
other
materials
at
the
Wyandotte
facility
and
the
Ewing
facility.
During
its
period
of
operations,
spills
of
PCB­
contaminated
oil
and
solvents
occurred.
Samples
collected
at
the
Site
in
the
late
1990s
indicated
that
the
PCB
contamination
at
Ewing
Street
exceeded
1,790
parts
per
million
(
ppm)
in
the
building
and
1,450
ppm
in
the
surrounding
soils.
At
Wyandotte
Street,
the
PCB
contamination
exceeded
23,800
ppm
in
the
building
and
800
ppm
in
the
surrounding
soils.
Over
1000
parties
arranged
for
disposal
of
PCB
wastes
at
the
Site,
but
the
majority
of
the
PCB
contaminated
material
was
sent
to
the
Site
by
fewer
than
15
parties.
This
settlement
is
with
11
private
parties
who
contributed
a
major
portion
of
waste
to
the
Site
and
12
Federal
parties
who
collectively
contributed
a
major
share.
This
proposed
settlement
requires
the
private
party
Respondents
to
perform
the
removal
actions
at
this
Site
which
is
estimated
to
cost
$
35,000,000.
These
costs
will
be
paid
by
the
Respondents,
who
will
be
reimbursed
by
the
Federal
Respondents
for
approximately
33%
of
the
costs.
In
addition,
Respondents
may
be
reimbursed
for
approximately
24%
of
their
costs
through
disbursements
from
a
Special
Account
created
with
funds
EPA
recovered
through
de
minimis
settlements
with
small
volume
contributors.

Dated:
April
21,
2003.
James
B.
Gulliford,
Regional
Administrator,
Region
VII.
[
FR
Doc.
03
 
10763
Filed
4
 
30
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7491
 
2;
CWA
 
HQ
 
2001
 
6009;
EPCRA
 
HQ
 
2001
 
6009;
CAA
 
HQ
 
2001
 
6009;
RCRA
 
HQ
 
2001
 
6009]

Clean
Water
Act
Class
II:
Proposed
Administrative
Settlement,
Penalty
Assessment
and
Opportunity
To
Comment
Regarding
Gerdau
Ameristeel,
Inc.,
d/
b/
a/
Gerdau
Ameristeel,
Perth
Amboy
and
Gerdau
Ameristeel,
Sayerville
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.
SUMMARY:
EPA
has
entered
into
a
consent
agreement
with
Gerdau
Ameristeel,
Inc.,
d/
b/
a/
Gerdau
Ameristeel,
Perth
Amboy
and
Gerdau
Ameristeel,
Sayerville
(``
Gerdau'')
to
resolve
violations
of
the
Clean
Water
Act
(``
CWA''),
the
Clean
Air
Act
(``
CAA''),
the
Resource
Conservation
and
Recovery
Act
(``
RCRA'')
and
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(``
EPCRA'')
and
their
implementing
regulations.
The
Administrator
is
hereby
providing
public
notice
of
this
consent
agreement
and
final
order
and
providing
an
opportunity
for
interested
persons
to
comment
on
the
CWA
portions,
as
required
by
CWA
section
311(
b)(
6)(
C),
33
U.
S.
C.
1321(
b)(
6)(
C).
Gerdau
failed
to
have
an
adequate
Spill
Prevention
Control
and
Countermeasure
(``
SPCC'')
plans
for
two
facilities
where
they
stored
diesel
oil
in
above
ground
tanks
at
its
Perth
Amboy
and
Sayerville,
New
Jersey
facilities.
EPA,
as
authorized
by
CWA
section
311(
b)(
6),
33
U.
S.
C.
1321(
b)(
6),
has
assessed
a
civil
penalty
for
these
violations.
Gerdau
failed
to
meet
all
the
requirements
of
the
facility's
storm
water
permit,
specifically
by
performing
unauthorized
discharges,
and
a
failure
to
perform
training
required
under
the
Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
provisions
of
the
General
Permit
at
its
Sayerville,
New
Jersey
facility.
EPA,
as
authorized
by
CWA
section
309(
g),
33
U.
S.
C.
1319,
has
assessed
a
civil
penalty
for
these
violations.
Gerdau
failed
to
follow
the
New
Source
Performance
Standards
found
at
40
CFR
part
60
and
CAA
section
111,
42
U.
S.
C.
7411
at
its
Perth
Amboy,
New
Jersey
facility.
EPA,
as
authorized
by
CAA
section
113(
d)(
1),
42
U.
S.
C.
7413(
d)(
1),
has
assessed
a
civil
penalty
for
these
violations.
At
the
Sayerville,
New
Jersey
facility,
Gerdau
failed
to
submit
an
Emergency
and
Hazardous
Chemical
Inventory
form
to
the
Local
Emergency
Planning
Commission,
the
State
Emergency
Response
Commission,
and
the
fire
department
with
jurisdiction
over
each
facility
in
violation
of
EPCRA
section
312,
42
U.
S.
C.
11022.
EPA,
as
authorized
by
EPCRA
section
325,
42
U.
S.
C.
11045,
has
assessed
a
civil
penalty
for
these
violations.
Gerdau
failed
to
properly
manage
and
characterize
certain
hazardous
wastes,
and
failed
to
include
certain
notifications
on
its
manifests,
in
accordance
with
RCRA
and
its
implementing
regulations,
specifically
40
CFR
parts
262
and
268
at
its
Perth
Amboy,
New
Jersey
facility
and
failed
to
amend
its
contingency
plan
and
to
conduct
annual
hazardous
waste
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