Learn the Issues
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Trouble importing previous Tier2 Submit data
I’m having trouble importing previous Tier2 Submit data into the current version of Tier2 Submit; what should I do? It is possible that the file has been corrupted or that the format is incompatible with the Tier2 Submit software. Note that Tier2 Submit can only import files that were made…
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Designating a facility subject to emergency planning requirements
A natural gas distribution facility consists of a series of pipelines and breakout storage tanks. The substances stored at the facility are exempt from all applicable provisions of EPCRA (except Section 304) under the transportation exemption at Section 327. Can such a facility be designated (under the authority of Section…
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Civil action attorney and court fees, awarding of fines
A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…
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Are mobile boosters eligible for the transportation exemption?
An oil company owns many wells on an oil field. Each well is on its own plot of land. These plots are not adjacent or contiguous and, therefore, each well is its own facility. When operating these wells, it is sometimes necessary to inject air or gas into the well…
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Section 302 notification requirements and mixtures with unknown components
Are facilities exempt from Section 302 notification requirements if they produce, use, or store mixtures whose extremely hazardous substance component information is not available on the MSDS provided by the manufacturer? If the facility which produces, uses, or stores mixtures knows or reasonably should know the components of the mixture…
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How to determine if a facility exceeded the TPQ for an EHS
How can a facility determine whether it has present an amount of an extremely hazardous substance (EHS) which equals or exceeds the threshold planning quantity (TPQ)? To determine whether the facility has an amount of an extremely hazardous substance which equals or exceeds the TPQ, the owner or operator must…
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Does the research laboratory exemption under Section 304 apply to Section 302?
Since certain chemicals at research laboratories are exempt from the definition of "hazardous chemicals" and thus possibly exempt from release notification requirements under Section 304, can this exclusion be extended to Section 302 planning requirements? EPCRA defines "hazardous chemical" under Section 311 by reference to OSHA regulations. Under Section 311(e)…
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Criteria used by Regional Response Teams to review emergency plans
Title III states that the Regional Response Teams (RRTs) "may" review and comment upon an emergency plan. What criteria will the RRT use for reviewing these plans? The National Response Team (NRT) published the Hazardous Materials Emergency Planning Guide in which Appendix D: Criteria for Assessing State and Local Preparedness…
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Can state and local laws supersede EPCRA?
Can existing state and local laws that provide substantially similar emergency planning supersede the specific provisions of the federal law? Title III (Section 321) generally provides that nothing in Title III shall preempt or affect any state or local law. However, material safety data sheets, if required under a state…
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Are on-site contractors responsible for EHSs brought on-site?
For Section 302 purposes, if a contractor brings an extremely hazardous substance (EHS) on-site to a facility over the threshold planning quantity, is the owner/operator of the facility or the contractor required to make the notification to the LEPC? For Section 304 purposes, if a contractor bursts a tank at…
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Are pharmaceutical research pilot plants exempt from 311 and 312?
A pharmaceutical research lab contains a pilot plant of its overall operation. The products manufactured in the pilot plant are not sold, but are distributed to hospitals and other health care facilities for use in continued clinical testing. Is the pilot plant exempt or must it report its hazardous chemicals…
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Are manufacturers of household products exempt from reporting under 311 and 312?
Is a facility that manufactures household products exempt from reporting under Sections 311 and 312 due to the household products exemption in Title III? Section 311(e) exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or household purposes, or is present…
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Are chemicals used at nursing home exempted under medical facility exemption?
Are chemicals used at nursing homes exempt from reporting under Sections 311/312 due to the medical facility exemption under Section 311(e)(4)? While a nursing home is treated like any other medical facility for Section 311/312 purposes, Section 311(e)(4) does not exempt a medical facility from all Section 311/312 reporting. Section…
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Applicability determination for one chemical in different physical states
A facility is required to keep two MSDSs on file for the same hazardous chemical (oxygen); one for the gas phase and one for liquid phase because they present different risks. Would the same chemical present at a facility in different physical states be aggregated for threshold determinations? The applicability…
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311/312 - Thresholds for retail gas station with aboveground and underground tanks
If a retail gas station stores gasoline or diesel fuel in both aboveground and underground tanks, what EPCRA thresholds do they apply to determine if they have to report gasoline or diesel fuel on their Tier I or II form? If they have to report, do they report all the…
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State refusing to comply with the emergency planning provisions
What will happen if a State refuses to comply with the emergency planning provisions? A governor who does not designate a State emergency response commission becomes the commission by default. While the governor could choose not to fulfill any of the Title III provisions, the public could still request information…
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Section 302 notification requirements for transportation of EHSs
How do Section 302 notification requirements apply to transportation of an extremely hazardous substance (EHS)? Although Section 302 reporting requirements do not apply to the transportation of any EHS, including transportation by pipeline, or storage of EHS under active shipping papers, transportation activities within a community should be addressed in…
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Primary purpose of Section 302 notification requirements
What is the primary purpose of Section 302 notification requirements? Notifications indicating that a facility has one or more extremely hazardous substances in excess of the threshold planning quantity help to identify locations within the State where emergency planning activities can be initially focused. While the substances on the list…
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How are mixtures handled for Sections 311 and 312 reporting?
The owner or operator of a facility may meet the requirements of Sections 311 and 312 by choosing one of two options: • Providing the required information on each component that is a hazardous chemical within the mixture. In this case, the concentration of the hazardous chemical in weight percent…
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Generic 311/312 reporting for oil fields or wells
A petroleum company owns many oil wells on a large oil field. Each well is on its own plot of land. These plots of land are not adjacent or contiguous and the oil field itself spans many local planning districts. For purposes of Sections 311/312 reporting, is each oil well…