Learn the Issues
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Can the de minimis concept be used with Section 304 release reporting?
Can the "de minimis" concept used in determining the threshold planning quantities in mixtures be applied in the determination of the reportable quantity for emergency release notification? No. The "de minimis" quantity was set in place for threshold planning quantities simply to make the calculation of the total amount of…
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Can the RQ assigned to hydrochloric acid be used for hydrogen chloride gas?
Hydrogen chloride gas is introduced into water to form hydrochloric acid. Saturation for this reaction occurs at 38 percent (%). Therefore, any hydrogen chloride present after the saturation point is reached, does not go into solution and will remain in the gaseous state. Can the reportable quantity (RQ) assigned to…
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Are the quantities of different hazardous constituents additive?
In determining whether a Reportable Quantity (RQ) has been released, are the quantities of different hazardous constituents additive under the mixture rule? No. RQs of different substances are not additive under the mixture rule; releasing a mixture containing half an RQ of one hazardous substance (other than radionuclides) and half…
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Are releases into a POTW subject to CERCLA section 103(a) reporting requirements?
Are releases of a pollutant into a Publicly Owned Treatment Works (POTW), when the pollutant is specified in and in compliance with the pretreatment standards of the Clean Water Act, subject to CERCLA section 103(a) reporting requirements? No. The introduction of any pollutant into a POTW, when the pollutant is…
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What is the 312 deadline if March 1 falls on a weekend?
Under EPCRA §312, Tier II information for any calendar year must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department by March 1st of the following year. What if the March 1st reporting deadline falls on a Saturday or Sunday? Tier…
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What are the differences between Tier I and Tier II forms?
The reporting under Section 312 is in two tiers, Tier I and Tier II. What are the general differences between the two forms? Section 312 includes a two tier approach. Tier I requires information (such as maximum amount of hazardous chemicals at the facility during the preceding year, an estimate…
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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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State acceptance of Tier2 Submit
Does my state accept Tier2 Submit? To find out whether or not your state accepts Tier II submissions created by Tier2 Submit, review the information for your state on the State Tier II Reporting Requirements page .
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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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Smog Vehicle Emissions
Find out the differences between vehicle greenhouse gas emissions and smog emissions.
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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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Benefits of Landfill Gas Energy Projects
Using landfill gas (LFG) to generate energy and reduce methane emissions produces positive outcomes for local communities and the environment. LFG energy projects reduce greenhouse gas emissions and other air pollutants, benefit the economy, and more.
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Presentations at Non-EPA Events
Find presentations that LMOP has given at non-EPA events. LMOP presents on the state of the landfill gas (LFG) energy industry, about the program itself, and trends in LFG energy project development.