Learn the Issues
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States May Have More Stringent Tier II Reporting Requirements
Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities meeting the general applicability requirements of 40 CFR 370.10 must submit Tier II inventory information by March 1st. Can states have more stringent requirements than the federal requirements? If so, how can I find out about the…
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Determining EPCRA 311 / 312 Compliance After Modifying Solid Manufactured Item
Under EPCRA section 311(e)(2), any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use is exempt from the definition of hazardous chemical and therefore need not be reported under EPCRA sections 311 and 312. However…
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Release Notification for Lead from Ammunition
Pursuant to 40 CFR 302.6 , any person in charge of an onshore facility shall, as soon as he or she has knowledge of any release of a hazardous substance from a facility in a quantity equal to or exceeding the reportable quantity (RQ) in any 24-hour period, immediately notify…
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MSDS reporting for various blends of gasoline
A service station stores both leaded and unleaded gasoline on-site. For the purpose of EPCRA 311 hazardous chemical inventory reporting, is the owner/operator of the facility required to submit separate material safety data sheets (MSDS) for each type of gasoline, or is a single MSDS sufficient? Section 311 of EPCRA…
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Reporting responsibility under EPCRA §302 for a facility with several unrelated companies?
A public warehouse is used by several unrelated companies to store extremely hazardous substances (EHSs). For purposes of emergency planning notification, who is responsible, under EPCRA Section 302, for notifying the State Emergency Response Commission if a threshold planning quantity (TPQ) of an EHS is present at the warehouse? The…
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Reporting hydrofluoric acid as a mixture
A facility has hydrofluoric acid which is a mixture of hydrogen fluoride and water. The MSDS specifies that the mixture is 50% hydrogen fluoride and 50% water. For purposes of reporting under Sections 311/312, should the facility report on the hydrofluoric acid mixture or the 50% hydrogen fluoride? Since the…
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EPCRA Section 312 applicability
Who is required to submit a Section 312 Tier I Form? The requirements of Section 312 ( 40 CFR Part 370 ) apply to the owner or operator of any facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the…
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Liability for damages that a release may cause
Once a facility properly notifies the National Response Center (NRC) , is it exempted from any liability for damages that the release may cause? No. Proper and timely reporting of a release in accordance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103 does not preclude liability for…
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Two threshold planning quantities (TPQs)
Several substances on the list of extremely hazardous substances (EHSs) have two threshold planning quantities (TPQs) listed in 40 CFR Part 355 , Appendix A . When would a facility use the higher TPQ? EHSs that are in solid form are subject to one of two different TPQs. A facility…
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Storage location for batteries in forklifts when complying with Tier II reporting
As part of Tier II Chemical Inventory Reporting, a facility must provide a brief description of the precise location of the hazardous chemical at the facility ( 40 CFR §370.42(i)(8)(i) ). A facility is reporting forklift batteries on their annual Tier II Inventory Form. How should the facility list the…
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LaPlace, St. John the Baptist Parish, Louisiana
Site for information related to actions being taken to assess environmental and health risks from chloroprene emissions from the Denka facility in La Place, LA
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Resources for Affected Residents
Resources for residents in East Palestine, Ohio related to the February 2023 train derailment.
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Project Waiver of AIS Requirements for Stainless Steel Back-Up Rings for the City of Baltimore, Maryland (CWSRF)
AIS waiver request approval.
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Nitrogen Dioxide/Nitrogen Oxide In-Stack Ratio (ISR) Database
The EPA’s Guideline on Air Quality Models, Appendix W to 40 CFR Part 51, recommends a three-tiered screening approach to estimate ambient concentrations of Nitrogen Dioxide (NO2).
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Tools for Preventing and Diverting Wasted Food
This page contains information about how to measure and track the amount, type of, and the source of the food and packaging waste.