Learn the Issues
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Release of metal in solid form
If a metal is released in solid form at or above its Reportable Quantity (RQ), is it considered a reportable release? The Agency allows exclusions for massive forms of certain metals (antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, and zinc) when the diameter of the released…
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Release of a RCRA-delisted hazardous waste
If a company has had its petition to delist a specific Resource Conservation and Recovery Act (RCRA) hazardous waste granted by an EPA-approved State RCRA program, and that company releases this waste in excess of its Reportable Quantity (RQ), is it required to notify the National Response Center (NRC)? Under…
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Release of a hazardous substance in an encapsulated form
Is the release of a Reportable Quantity (RQ) or more of a CERCLA hazardous substance in an encapsulated form reportable? The term "release" is defined in CERCLA section 101(22) as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment…
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Release notification for disposal into RCRA-regulated facility
Would disposal of a hazardous substance into a Resource Conservation and Recovery Act (RCRA) Subtitle C permitted facility or interim status facility be reportable? No. The disposal of hazardous substances into a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Where the disposal of…
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Person in charge for CERCLA release reporting
How does one determine who is the person in charge? Determining who is the person in charge depends on a number of variables, including the specific operation involved, the management structure, and other case-specific considerations. EPA believes that it is unnecessary and impractical for the government to determine the person…
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Mineral spirits excluded from the CERCLA?
Are mineral spirits considered petroleum derivatives and therefore excluded from the CERCLA definition of hazardous substance? In most cases, yes. CERCLA section 101(14) specifically excludes petroleum from the definition of hazardous substance, consequently petroleum releases are not subject to CERCLA reporting and liability provisions. The petroleum exclusion includes "crude oil…
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Liability for damages caused by a release below the RQ
If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release? Yes. A release of a CERCLA hazardous substance below its RQ does not preclude liability from any damages that may result, including the costs of cleaning up…
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Is there a concentration cutoff below which it is not necessary to report a release?
Is there a concentration cutoff below which it is not necessary to report a release, even though a Reportable Quantity (RQ) might have been exceeded over a 24-hour period? No. There are no concentration cutoffs for the RQs (i.e., a lower-bound concentration below which reporting would not be required). Unless…
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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…
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For 311 list reports, how are mixtures identified?
For Section 311 reporting, how are mixtures identified if a list is submitted instead of the MSDSs? An owner or operator can comply with the requirements of Section 311 for a mixture of hazardous chemicals by providing the common or trade name of the mixture listed by hazard category or…
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Filing state trade secret provisions
A chemical company in Louisiana filed their Section 311/312 reports by hazardous components. The Louisiana State Right-to-Know laws require companies to report on all unique substances present at the facility. For example, if chemical A and chemical B are blended to make mixture C, than the facility would have to…