Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5147

the second was held in Austin, TX on 

January 15, 2004. One additional public 

meeting will be held in Seattle, WA in 

April; notice will be provided on a 

location and time when available. 

The meeting will consist of several 

panel discussions, and is open to the 

public. The audience will have an 

opportunity to ask questions and 

provide comments at the conclusion of 

the meeting.

DATES: The meeting will begin at 8:30 

a.m. on February 17, 2004.

ADDRESSES: The meeting will be held at 

the Wyndham Phoenix, 50 East Adams 

Street, Phoenix, AZ 85004.

FOR FURTHER INFORMATION CONTACT: For 

more information on this meeting, 

please see EPA’s Water Efficiency Web 

Page at www.epa.gov/owm/waterefficiency/index.htm. To register online 

from the Water Efficiency Program page, 

click on the registration form link. You 

may also register by contacting ERG, 

Inc. by phone (781–674–7374), or by 

downloading the registration form and 

sending the completed form to ERG via 

fax at 781–674–2906 or mail to ERG, 

Conference Registration, 110 Hartwell 

Avenue, Lexington, MA 02421–3136. 

Seating is limited, therefore please 

register or request special 

accommodations no later than February 

10, 2004.

Dated: January 23, 2004. 

James A. Hanlon, 

Director, Office of Wastewater Management.

[FR Doc. 04–2155 Filed 2–2–04; 8:45 am] 

BILLING CODE 6560–50–U

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. 

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 boushell.susan@epa.gov, 

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 boushell.susan@epa.gov.

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-staexemp-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 

lllllllllllllllllll

[Date]

lllllllllllllllllll

Certified Mail

Return Receipt Requested

lllllllllllllllllll

[Recipient Name]

lllllllllllllllllll

[Recipient Address]

Re: Application/Information Request 

for the Service Station Dealer 

Exemption 

Dear [Recipient]: llll

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 

5148 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

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-exempmem.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-ItYourselfer 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: 

lllllllllllllllllll

lllllllllllllllllll

lllllllllllllllllll

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,

lllllllllllllllllll

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 lllllllllllllll

Title (if any) llllllllllll

Address llllllllllllll

lllllllllllllllllll

Telephone lllllllllllll

2. Name and Address of the Business 

Name lllllllllllllll

Address llllllllllllll

lllllllllllllllllll

Telephone lllllllllllll

3. Determination That Exemption Does 

Not Apply 

Have you already determined that the 

Service Station Dealer Exemption does 

not apply to the Business? 

b yes b 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. 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 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? 

b yes b no

(B) Is the Business a Government 

Agency that established a facility solely 

for the purpose of accepting Do-ItYourselfer Used Oil (DIY Used Oil)? 

b yes b no 

If ‘‘yes,’’ state:

1. The name of the facility established 

to accept DIY Used Oil lllllll

lllllllllllllllllll

lllllllllllllllllll

2. The address of the facility llll

lllllllllllllllllll

3. The EPA ID Number, if any lll

4. The State ID Number, if any lll

5. The date that the facility was established lllllllllllllll

6. The date(s) that the facility accepted DIY Used Oil llllllllll

lllllllllllllllllll

(C) Is the Business a Refuse Collection 

Service compelled by State law to 

collect, accumulate and deliver DIY 

Used Oil? 

b yes b no 

If ‘‘yes,’’ state:

1. The name of the Refuse Collection 

Service compelled to accept DIY Used 

Oil llllllllllllllll

2. The EPA ID Number, if any lll

3. The State ID Number, if any lll

4. The date(s) that Refuse Collection 

Service accepted DIY Used Oil llll

lllllllllllllllllll

5. The citation, name, and date of the 

law that compelled the Refuse Collection Service to accept DIY Used Oil ll

lllllllllllllllllll

(D) b 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): lllll

lllllllllllllllllll

lllllllllllllllllll

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? 

b yes b no b 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: 

lllllllllllllllllll

lllllllllllllllllll

lllllllllllllllllll

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? 

b yes b no b don’t know 

(B) Did the Business send or arrange 

to send Used Oil to the [name] Site? 

b yes b no b 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? 

b yes b no b 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? 

b yes b no b 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 

b yes; always 

Dates lllll

b yes; sometimes 

Dates lllll

b no; never 

b don’t know 

(B) Solvents, degreasers, cleaners, or 

similar products, including carburetor 

and brake cleaners and rags or wipes 

containing solvents or degreasers 

b yes; always 

Dates lllll

b yes; sometimes 

Dates lllll

b no; never 

b don’t know 

(C) Polychlorinated Biphenyl (PCB) 

oils or other materials containing PCBs 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b 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 mercurycontaining batteries or their components 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b don’t know 

(E) Asbestos-containing brake shoes or 

pads 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b don’t know 

(F) Scrap metal with lead solder (e.g., 

radiators) 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b don’t know 

(G) Mercury switches (e.g., 

automotive convenience lighting) 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b don’t know 

(H) Paint, paint thinner, rags 

contaminated with paint or paint 

thinner 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b 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) 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b don’t know 

(J) Other materials 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

5150 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

b no; never 

b 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: 

lllllllllllllllllll

lllllllllllllllllll

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) 

b yes; always 

Date(s) lllll

Container type(s) lllll

b yes; sometimes 

Date(s) lllll

Container type(s) lllll

b no; never 

b don’t know 

(B) Aboveground tank(s) 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b don’t know 

(C) Underground tank(s) 

b yes; always 

Date(s) lllll

b yes; sometimes 

Date(s) lllll

b no; never 

b 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, rolloff box) 

b yes; always 

Date(s) llll

Unit type(s) llll

b yes; sometimes 

Date(s) llll

Unit type(s) llll

b no; never 

b don’t know 

(E) b 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? 

b yes; always 

Date(s) llll

b yes; sometimes 

Date(s) llll

b no; never 

b don’t know 

b 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? 

b yes; always 

Date(s) llll

b yes; sometimes 

Date(s) llll

b no; never 

b don’t know 

b 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? 

b yes 

Each date of discoveryllll

b no; never 

b don’t know 

b 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): 

lllllllllllllllllll

lllllllllllllllllll

lllllllllllllllllll

lllllllllllllllllll

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? 

b yes b no b don’t know 

(B) If ‘‘yes,’’ state:

The amount of such oil storage capacity: llllllllllllllll

lllllllllllllllllll

The date(s) the Business had such ca

pacity: lllllllllllllll

lllllllllllllllllll

(C) If ‘‘yes,’’ does the Business have a 

Spill Prevention, Control and 

Countermeasures (SPCC) Plan? 

b yes 

b no 

b don’t know 

b 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. 

b yes b no b don’t know 

If ‘‘yes’’:

State the each date(s) of the release(s)

lllllllllllllllllll

Describe the steps the Business took 

to address the release(s) lllllll

lllllllllllllllllll

lllllllllllllllllll

(E) If the Business had or currently 

has a Spill Prevention, Control and 

Countermeasures Plan (SPCC Plan), 

does or did the Business follow it? 

b yes, always 

Dates SPCC Plan Followed lll

b yes, sometimes 

Dates SPCC Plan Followed lll

b no 

b don’t know 

b 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: lllllllllllllll

lllllllllllllllllll

Description of Leak Detection Sys

tem: llllllllllllllll

lllllllllllllllllll

(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: 

lllllllllllllllllll

lllllllllllllllllll

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) 

b Sign at premises 

b Notice on Service Sign-in Form 

b Newspaper 

b Leaflets/Pamphlets 

b Radio, television 

b Through listing on the Internet 

b Through registration, licensing or 

permitting by a state/county/municipal/

local government to manage Used Oil 

(‘‘Used oil collection center’’) 

b Through 1 (800) CLEAN-UP 

(EPA- and business-sponsored helpline) 

b Other 

lllllllllllllllllll

14. Request for Copies of Documents 

and Records 

For each shipment listed on 

Appendix A, provide a copy of each 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 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 lllllllllllllll

Title (if any) llllllllllll

Employer lllllllllllll

Bus. Address llllllllllll

lllllllllllllllllll

Bus. Tel. llllllllllllll

Name lllllllllllllll

Title (if any) llllllllllll

Employer lllllllllllll

Bus. Address llllllllllll

lllllllllllllllllll

Bus. Tel. llllllllllllll

(Continue on separate sheet(s), as 

necessary) 

Certification of Responses 

I, lllllll, 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 llllllllllllll

Title llllllllllllllll

Bus. Address llllllllllll

lllllllllllllllllll

Date lllll Bus. Tel._llll

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 noncompliance 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 

5152 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

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-ItYourselfer 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-ItYourselfer 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) 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5153

17. The term ‘‘Used Oil Processor/Rerefiner’’ 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

Manifest #, bill of lading #, or shipment # Date of delivery to 

[name] site 

Total volume of shipment Total volume of used 

oil 

Transporter: carrier 

name, address, telephone, ID#(s) 

Transport by the business or employee: 

state vehicle owner 

Appendix B

Year Percentage of service-related gross revenue 

5154 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

Year Percentage of service-related gross revenue 

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

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Notice of Open Special Meeting of the 

Advisory Committee of the ExportImport Bank of the United States (ExIm Bank)

SUMMARY: The Advisory Committee was 

established by Pub. L. 98–181, 

November 30, 1983, to advise the 

Export-Import Bank on its programs and 

to provide comments for inclusion in 

the reports of the Export-Import Bank of 

the United States to Congress.

TIME AND PLACE: Wednesday, February 

18, 2004, from 9:30 a.m. to 12:30 p.m. 

The meeting will be held at Ex-Im Bank 

in the Main Conference Room 1143, 811 

Vermont Avenue, NW., Washington, DC 

20571.

AGENDA: Agenda items include a 

discussion of the financing needs of 

middle market exporters, a status 

update on previous Advisory Committee 

recommendations, and an update on ExIm Bank related legislative issues.

Public Participation:

The meeting will open to public 

participation, and the last 10 minutes 

will be set aside for oral questions or 

comments. Members of the public may 

also file written statement(s) before or 

after the meeting. If any person wishes 

auxiliary aids (such as a sign language 

interpreter) or other special 

accommodations, please contact, prior 

to February 12, 2004, Teri Stumpf, 

Room 1203, 811 Vermont Avenue, NW., 

Washington, DC 20571, Voice : (202) 

565–3502 or TDD (202) 565–3377.

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Teri 

Stumpf, Room 1203, 811 Vermont Ave., 

NW., Washington, DC 20571, (202) 565–

3502.

David C. Chavern, 

Deputy General Counsel.

[FR Doc. 04–2111 Filed 2–2–04; 8:45 am] 

BILLING CODE 6690–01–M

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 04–2] 

Reminder to Video Programming 

Distributors Regarding Effective Date 

for Increase in Captioning 

Requirements

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: This document reminds video 

programming distributors and the 

public of the closed captioning 

benchmarks for new English and 

Spanish language nonexempt video 

programming for the period between 

January 1, 2004, and December 31, 2005. 

This document also reminds 

distributors of their responsibilities 

regarding pre-rule English and Spanish 

language programming. As a further 

reminder, this document notes that the 

closed captioning requirements 

discussed herein are separate from 

video programming distributors’

obligations to make emergency 

information accessible to persons with 

hearing and vision disabilities as 

described in 47 CFR 79.2 of the 

Commission’s rules.

DATES: January 1, 2004.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Traci Randolph, Consumer & 

Governmental Affairs Bureau, (202) 

418–0569 (voice), (202) 418–0537 

(TTY); traci.randolph@fcc.gov or Sonia 

Greenaway-Mickle, Media Bureau, (202) 

418–1419 (voice), (202) 418–7172 

(TTY); sonia.greenaway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice DA 04–2, released January 6, 

2004. All closed captioning benchmarks 

and rules were established to ensure 

that video programming is accessible to 

persons who are deaf or hard of hearing 

in accordance with the mandate of 

Congress as set forth in § 713 of the 

Telecommunications Act of 1996. To 

view the FCC’s Factsheet summarizing