Learn the Issues
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Does MSHA have jurisdiction over inactive mine facilities?
The owner of a coal mine is maintaining one bulk anhydrous ammonia tank and satellite ammonia tanks because of an agreement with the State pursuant to environmental regulations concerning acid mine drainage. Ammonia is used to treat surface water runoff (raise the pH of the effluent). The mine is no…
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Can a lease agreement exempt a facility owner from Tier II reporting?
An owner leases a facility to another person. The lease agreement states that "in its use and occupancy of the facility and in its use of the leased equipment, the lessee shall abide by and comply with all governmental laws, regulations and requirements." Does this contractual language exempt the owner…
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Consumer product exemption and batteries
Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds. Facility…
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Is household heating fuel exempt from the Sections 311 and 312 requirements?
Section 311(e)(3) exempts, "any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public." This household product exemption does not apply to the use of household…
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Is FDA regulated flour bleaching exempt?
A facility owner/operator uses chlorine to bleach flour at his/her facility. Would this facility owner/operator be exempt from reporting the chlorine used to bleach flour under EPCRA Section 311/312? EPCRA Section 311 (e)(1) exempts any food, food additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). EPA…
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Forklift batteries
EPCRA section 311(e)(3) exempts from the definition of hazardous chemical any substance to the extent is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public ( 40 CFR 370.13(c)(1)). Does this…
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Is creosote-treated wood exempt under the consumer product exemption?
Until recently, OSHA exempted wood and wood products from the Hazard Communication Standard (HCS) program. On February 9, 1994, OSHA amended its HCS to no longer exempt certain wood and wood products ( 59 FR 6126). The revised exemption found at 29 CFR 1910.1200(b)(6)(iv) applies only to wood and wood…
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Is oil stored in an intermediate storage tank exempt from 311 and 312?
A transportation firm owns a pipeline that transports oil to an intermediate storage tank at their pumping station. At the pumping station the oil is sold and sent by a secondary pipeline to the purchaser. The transportation firm also owns the secondary pipeline until the pipeline reaches a valve in…
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MSDS requirements for mixtures made on-site and not distributed into commerce
A facility owner/operator brings on-site two components that he blends into a mixture for on-site use. Since the mixture is not distributed to commerce, the facility owner/operator claims that Occupational Safety and Health Administration (OSHA) does not require him to develop a new Material Safety Data Sheet (MSDS) for the…
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Update / correct MSDS submission or Tier II report
Facilities that have threshold amounts of hazardous chemicals are required to submit an MSDS for each hazardous chemical and Tier II information annually to their SERC, LEPC, and local fire department ( 40 CFR 370.10(a)). Are there any requirements to update or correct MSDS reporting or a Tier II report…
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Must an R&D facility submit a MSDS for an exempt chemical upon public request?
Upon request by the public, must a Research and Development facility submit a MSDS for a chemical if the chemical is exempt from reporting under Section 311 but not exempt from the OSHA requirement of having available a MSDS? No. Under Section 311, a Research and Development facility would not…
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LEPC request for MSDS for substance not defined as a hazardous chemical
Under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA), ( 40 CFR 370.10(b)), a local or tribal emergency planning committee (LEPC or TEPC) can request a material safety data sheet (MSDS) from a facility for a hazardous chemical which is present at the facility below 10,000 pounds…
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Resubmitting revised SDSs based on OSHA's new Hazard Communication Standards
Pursuant to 40 CFR Part 370, facilities must submit a material safety data sheet (MSDS) for each hazardous chemical or submit a list of all hazardous chemicals for which the facility is required to prepare or have available an MSDS under the Occupational Safety and Health Administration (OSHA) Hazard Communication…
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EPCRA implementation on Tribal Lands
In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their…
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Fulfilling original signature requirement for EPCRA Tier II when submitting electronically
Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities must submit Tier II inventory information by March 1st every year. The owner or operator or the officially designated representative of the owner or operator must submit a certification statement containing an original signature that all information…
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How is confidential business information on the Tier II protected?
When submitting a Tier II form under EPCRA Section 312, a covered facility can claim the required location information confidential. How is this confidential information protected? Are there any penalties under EPCRA if a State or local official, who receives this information, fails to protect its confidentiality? While the location…
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How does a facility report batteries for Tier II?
A facility has few lead-acid batteries (non-consumer type) on site. How does the facility report these batteries on the Tier II form? The facility must first determine if there are any hazardous chemicals or extremely hazardous substances (EHSs) in the batteries. Most batteries contain sulfuric acid, an EHS, and then…
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Inspections of facilities with chemicals present below TPQ
Section 312(f) of the Emergency Planning and Community Right-to-Know Act (EPCRA) states that "upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the…
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Is a Dun & Bradstreet number required for EPCRA Tier II?
Pursuant to EPCRA Section 312, facilities must submit Tier II inventory information by March 1st every year. Is the Dun & Bradstreet number a required data element for Tier II inventory reporting? The Dun & Bradstreet number (also referred to as a D&B number or D-U-N-S number) is a required…
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Substantiation Form Requirements for Tier II Trade Secret Reporting
To file a claim of trade secrecy for the identity of a chemical under 40 CFR Part 350, a covered facility is required to submit a substantiation form to justify the claim of trade secrecy and the Tier II report for that chemical to EPA. In a given reporting year…