Learn the Issues
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TXT2, Regulated Identity, and Customer Numbers for Tier II reporting
Where can a facility find their TXT2 Number, Regulated Entity Number, and Customer Number that may be needed to complete the EPCRA Section 312 Chemical Inventory Report (i.e., Tier II report)? TXT2 Numbers, Regulated Entity Numbers, and Customer Numbers are not federally designated or tracked. These number are designed by…
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What information is required on lists submitted for Section 311?
What is required if a list is submitted instead of the actual material safety data sheets (MSDS) under Section 311? Instead of submitting an MSDS for each hazardous chemical, the owner or operator may submit a list of the hazardous chemicals for which the MSDS is required. This list must…
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Updates for 311 MSDS reporting
How would a facility report a hazardous chemical that they acquired above the reporting threshold after the October 17, 1987 deadline, for Section 311? An update must be submitted within three months anytime there is discovery of significant new information, or if an unreported hazardous chemical is present in a…
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Threshold determinations when there is no weight indicated on MSDS
If the Material Safety Data Sheet (MSDS) and label for a particular liquid hazardous chemical does not indicate the weight of the substance, how should the facility owner or operator make threshold and applicability determinations for EPCRA §312 (Tier II) Reporting? If a liquid is not labeled in pounds, its…
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Threshold calculations for acid mixtures
Do you apply the whole weight of an acid mixture towards the threshold under EPCRA Sections 311 and 312 or just the percentage of acid stated on the material safety data sheet (MSDS)? Aqueous acids are considered mixtures under EPCRA Sections 311 and 312. The acid itself is the hazardous…
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Tank used to store ammonia to be used as both agricultural fertilizer and coolant
Ammonia is held for sale by a retailer in a large storage tank. The retailer sells the ammonia as both an agricultural fertilizer and as a coolant for air conditioning systems. Section 311(e)(5) of EPCRA exempts from the definition of a hazardous chemical "(a)ny substance to the extent it is…
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Reporting responsibility for hazardous chemicals brought on-site by contractors
A construction company is contracted by a manufacturing company to perform work at the manufacturer's site. The construction company brings hazardous chemicals onto the site to perform its construction activities. During normal conditions of use as well as in foreseeable emergencies, only employees of the construction company will be exposed…
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Must a facility aggregate EHSs from different mixtures?
With regard to thresholds in mixtures, how is reporting under Sections 311 and 312 handled if a facility has a number of different mixtures on-site and each is under 10,000 pounds but the mixtures contains an aggregated quantity of an extremely hazardous substance (EHS) that exceeds its reporting threshold? If…
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Is the Section 311 requirement an annual or a one-time reporting requirement?
Section 311 is a one-time reporting requirement unless there are any significant changes that affect the information that was already submitted.
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Is diesel fuel exempt when used solely to apply pesticides?
A citrus grove service owner stores pesticides and diesel fuel at his facility. The owner's business consists of transporting the pesticides to citrus groves and applying them to trees. This application is the only use of the pesticides; the owner does not sell them or use them in any other…
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What If More People Bought Groceries Online Instead of Driving to a Store?
Thought starter about the potential impact of online grocery ordering and grocery delivery on transportation greenhouse gases.
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Are mining and mineral extraction wastes exempt under Section 304?
No. The release notification requirements apply if the wastes are CERCLA hazardous substances or extremely hazardous substances.
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Where should the Tier I form be sent and what is the deadline?
The owner or operator subject to this reporting requirement must submit a Tier I inventory form (or the optional Tier II inventory form) for all hazardous chemicals present at the facility in excess of the established threshold to the state emergency response commission, the local emergency planning committee, and the…
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Applicability of EPCRA 304 to EHSs in abandoned receptacles
Must any amount of a listed chemical contained within abandoned or discarded barrels, containers, or other receptacles be considered to determine if a specific reportable quantity has been exceeded under the SARA Section 304 notification requirements? Section 355.61 defines a release as "any spilling, leaking, pumping, pouring, emitting emptying, discharging…
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What is considered cryogenic conditions?
The Tier II Hazardous Chemical Inventory form, used to meet annual EPCRA §312 reporting requirements, requires facility owners or operators to note whether reported hazardous chemicals are present at, above, or below ambient temperature. For temperatures below ambient, the form distinguishes between “less than ambient temperature but not cryogenic” and…
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What if Garbage Fumes Powered More of Our Cars, Trucks, and Buses?
Thought starter about using landfill gas to power transportation.
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SERC and LEPC determination of "need" for CBI
In complying with a public request for Tier II information under Section 312(e)(3)(C), how is "need" determined? Guidelines for determining need to know are the responsibility of the local emergency planning committees and state emergency response commissions.
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Should hazardous chemicals present in vehicles be considered as present in the "facility"?
The definition of "facility" for EPCRA Sections 311 and 312 does not include "motor vehicles, rolling stock and aircraft." Do hazardous chemicals present in cars, trucks, forklifts and other vehicles need to be considered for Sections 311 and 312 reporting as present in the "facility?" Hazardous chemicals present in vehicles…
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Facilities that close during a reporting year
A facility storing hazardous chemicals on site permanently ceases operations and notifies the State Emergency Response Commission (SERC). Since the facility will no longer be in operation on March 1 of the following year, must the owner/operator of the closed facility submit a Tier I or Tier II hazardous chemical…
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Liability of individuals as members of SERCs and LEPCs
Can individuals, as members of a state emergency response commission or a local emergency planning committee, be sued and/or be held liable for their commission's or committee's failure to fulfill its EPCRA requirements? Under Section 326, an individual may assert a federal cause of action against a state emergency response…