Learn the Issues
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Are hazardous chemicals in transportation subject to EPCRA 311/312?
Are hazardous chemicals in transportation subject to material safety data sheet (MSDS) reporting under Section 311 and Tier II hazardous chemical inventory reporting under Section 312 of EPCRA ( 40 CFR 370)? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances or…
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Are petroleum products exempt from 311 and 312?
Are petroleum products exempt from the reporting requirements of Sections 311 and 312? Petroleum products are not specifically exempted from Sections 311 and 312 reporting. However, some products could fall under the exemptions listed in Section 311(e).
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Is customized paint exempted under the consumer product exemption?
A store sells paint in five-gallon cans to the general public. Customers may purchase the paint as received from the manufacturer, or they may request a custom shade of paint. To attain the customer's desired shade, store employees will mix two or more base colors. This process involves opening the…
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State Single Point Submission Process for Tier II Reports
Pursuant to 40 CFR 370.44, the owner or operator of a facility must submit the required Tier II inventory information to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department with jurisdiction over their facility. If a state has implemented a single point of submission…
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EPCRA 311 / 312 Reporting Responsibility For Industrial Park Owner
EPCRA sections 311 and 312 assign responsibility for reporting to “the owner or operator of any facility which is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act (OSHA) of 1970 and regulations under that act.”…
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EPCRA Reporting Mechanisms for Protecting Sensitive Business Information
Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…
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No Street Address Availability Tier II Reporting
Pursuant to 40 CFR 370.42(d), Tier II chemical inventory information must include the complete name and address of the location of the facility (including the full street address or state road, city, county, State and zip code), latitude and longitude. If a facility does not have a street address, how…
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CERCLA Release Reporting: Clarification of Facility
The term facility, as defined in 40 CFR 302.3, does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification? Yes. Adjacent buildings on a contiguous property where multiple concurrent…
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Follow-up notification requirements for release occurring in transportation
Must a notifier submit a follow-up emergency notice after the initial 911 report? Notification of a release during transportation or storage incident to transportation, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.42 to…
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CFAT Impacts on EPCRA and RMP
The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…
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CERCLA Release Notification and the Workplace Exposure Exclusion
CERCLA section 101(22) excludes from the definition of release any release solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons. Does the workplace exposure exclusion apply for purposes of CERCLA release notification requirements? The workplace exposure exclusion only applies…
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TPQ calculations for hazardous substances in molten form
Facilities are subject to emergency planning and notification requirements under EPCRA (also known as SARA Title III) when an extremely hazardous substance (EHS) is present at a facility in an amount equal to or in excess of its TPQ. For some EHSs that are solids, two TPQs are given (e.g…
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What is the relationship between reportable quantities (RQs) and threshold planning quantities (TPQs)?
The reportable quantity (RQ) that triggers emergency release notification (Section 304) was developed as a quantity that when released, poses potential threat to human health and the environment. The RQs were developed using several criteria, including aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, potential carcinogenicity, biodegradation, hydrolysis, and photolysis…
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311/312 - Retail gas station "not in compliance" with UST requirements
For purposes of using the higher EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered "not in compliance" with UST requirements? A facility is not in compliance with the UST requirements (and therefore not eligible for the higher EPCRA thresholds) when it first fails to meet…
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Are landfills covered under Title III of SARA since they are covered by RCRA?
Yes, landfills are subject to certain Title III requirements. Subtitle A of Title III is intended to identify facilities which present a potential hazard for a chemical emergency and to provide a process for local emergency planning committees to engage with such facilities in determining the significance of the release…
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EPCRA extremely hazardous substances and relationship to CERCLA hazardous substances
How are EPCRA extremely hazardous substances (EHSs) related to CERCLA hazardous substances? There are currently about 360 EHSs defined under EPCRA section 302; over a third of them are also CERCLA hazardous substances. Aside from this overlap of listed substances, CERCLA and EPCRA also have closely related notification requirements when…
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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 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 OSHA…
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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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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 should use…