Learn the Issues
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Facilities that close during a reporting year
A facility storing hazardous chemicals on site permanently ceases operations and notifies the State Emergency Response Commission (SERC). Since the facility will no longer be in operation on March 1 of the following year, must the owner/operator of the closed facility submit a Tier I or Tier II hazardous chemical…
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Liability of individuals as members of SERCs and LEPCs
Can individuals, as members of a state emergency response commission or a local emergency planning committee, be sued and/or be held liable for their commission's or committee's failure to fulfill its EPCRA requirements? Under Section 326, an individual may assert a federal cause of action against a state emergency response…
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Does an LEPC have to consist of one individual representative from each organization?
A Local Emergency Planning Committee (LEPC) must be representative of different groups and organizations, as described in Section 301(c). It states that, at a minimum, an LEPC must include "...representatives from each of the following groups or organizations: elected State and local officials; law enforcement; civil defense; firefighting; first aid…
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Can members of SERCs and LEPCs be sued?
What are the liabilities of members of a state emergency response commission and a local emergency planning committee, if an incident is not handled properly despite following procedures developed and reviewed by those commission and committee members? Can the individual members be sued and held liable? The general rule is…
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How does EPA define a "transportation-related release?"
EPA defines a "transportation-related release" to mean a release during transportation, or storage incident to transportation if the stored substance is moving under active shipping papers and has not reached the ultimate consignee.
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Health information language requirements for Section 304 notifications
The follow-up emergency notice requires the owner or operator of a facility that has released a reportable quantity of a substance requiring Section 304 notification to relate, in a follow-up notice, "any known or anticipated acute or chronic health risks associated with the release." Since general health information is already…
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Follow-up emergency notice requirements in EPCRA 304 for CERCLA hazardous substances
Must a follow-up emergency notice be given for a release of a CERCLA hazardous substance which is not an extremely hazardous substance and for which a reportable quantity has not been established under Section 102(a) of CERCLA? In lieu of the emergency release notification required under Section 304(b), Section 304(a)(3)(B)…
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Exceeding "continuous release" amounts
Are releases above the amount qualifying as a "continuous releases" exempt from Section 304 notification requirements? Because "statistically significant increases" from a "continuous release" must be reported as an episodic release under CERCLA Section 103(a), such releases must also be reported under Section 304 of Title III. Any clarifications or…
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Does the CERCLA "petroleum exclusion" apply to EPCRA release notifications?
Does the CERCLA "petroleum exclusion" apply to release reporting under Section 304 of Title III, since "petroleum including crude oil or any fraction thereof" is exempt from reporting under Section 103 of CERCLA? No. "Petroleum" is exempted generally from CERCLA responsibilities since it is excluded from the definition of a…
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Does the "federally permitted release" exemption apply fully to state permitted releases?
No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.
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CERCLA hazardous substances and relationship to U.S. DOT's Hazardous Materials Regulations
What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations? CERCLA section 306(a), as amended, requires the DOT to list and regulate as hazardous materials all CERCLA hazardous substances. Thus, all CERCLA hazardous substances are covered by the DOT's Hazardous Materials Regulations…
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Chemicals subject to reporting (EPCRA Section 304)
What chemicals are subject to reporting under EPCRA Section 304? Chemicals subject to Section 304 notification requirements are CERCLA hazardous substances listed under 40 CFR Table 302.4 and the extremely hazardous substances listed under 40 CFR part 355 Appendix A and B .
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Are pipelines, barges, and vessels subject to release notification?
Do the Section 304 release notification requirements apply to pipelines, barges, and other vessels as well as to other transportation facilities? Title III (Section 327) does not apply to the transportation of any substance or chemical including transportation by pipeline, except as provided in Section 304. Section 304 requires notification…
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"Regulatory Synonym" listings in Table 302.4 of 40 CFR 302.4
What determines whether a "Regulatory Synonym" is listed for a substance in Table 302.4 of 40 CFR 302.4? In general, no entry is made in the "Regulatory Synonym" column of 40 CFR 302.4 , Table 302.4 for a substance if only one chemical name is used to identify that substance…
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Who must report in cases of transportation-related releases?
In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…
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When and where should an air carrier report a release?
When and where should an air carrier report a release? For instance should the release be reported to the state where the release occurred or to the airport of destination? Since aircraft should have radio communication capabilities, the report should be given to the state(s) likely to be affected by…
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Under CERCLA, who is responsible for reporting releases and when must the report be made?
Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made? Section 103 of CERCLA requires the person in charge of a facility or vessel, as soon as he or she has knowledge of a release of a…
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What if We Drove Our Most Efficient Car?
Thought starter about driving the most efficient car in a multi-vehicle household.
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Under EPCRA, who is responsible for reporting releases and when must the report be made?
Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made? Under section 304 of EPCRA, the owner or operator of a facility is required to report immediately to the appropriate State Emergency Response Commissions (SERCs) and Local Emergency…
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Should the written notification also include results of a facility's inspection?
Should the written notification also include results of a facility's inspection? An inspection may specify measures to be applied to prevent future releases. While this information is certainly useful in terms of preventing similar releases, it is not required. However, state and local governments may wish to require such information…