Learn the Issues
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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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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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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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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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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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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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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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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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Is blended (oxygenated) gasoline excluded?
Does blended (oxygenated) gasoline fall within the scope of the CERCLA petroleum exclusion? Historically, the Agency has interpreted the CERCLA section 101(14) petroleum exclusion to cover crude oil and the crude oil constituents that are indigenous to the petroleum (e.g., xylene), or that are normally mixed with or added to…
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How did EPA determine TPQs for EHSs?
How did EPA determine threshold planning quantities for extremely hazardous substances? The Agency assigned chemicals to threshold planning quantity (TPQ) categories based on an index that accounts for the toxicity and the potential of each chemical, in an accidental release, to become airborne. This approach does not give a measure…
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How are releases during transportation or storage incident to transportation covered under Section 304?
Section 304 covers all releases of listed hazardous or extremely hazardous substances, including those involved in transportation in excess of the reportable quantity (RQ). Owners or operators of transportation facilities may call 911 or the local telephone operator, in order to satisfy Section 304 notification requirements when a release occurs…
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Facilities or vessels covered under CERCLA release reporting requirements
What facilities or vessels are covered under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release reporting requirements? CERCLA section 101(9) defines facility broadly to include any site or area where a hazardous substance is located, but the definition specifically excludes consumer products in consumer use. Vessel is defined in…
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Emergency release notification and trade secret chemicals
Question No. 3 of the trade secret substantiation form requires the submitter to list all local, state, and federal government entities to which the submitter has disclosed the specific chemical identity. Does the submitter need to report Section 304 emergency release notification if the submitter had a covered reportable release…
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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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Amphenol Off-Site Vapor Intrusion (VI) Investigation
In August 2018, EPA asked Amphenol Corporation o outline the approach to the overall vapor intrusion (VI) investigation in the off-Site Study Area, to be proposed to EPA in a Work Plan.
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EPA RCRA ID: ORD009227398
Information about EPA's hazardous waste cleanup activities at Univar Solutions USA, Inc. in Portland, Oregon.
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Accessing RMP Data
Is Risk Management Plan (RMP) data available to the public and, if so, where can it be found? Risk Management Plans (RMPs) prepared and submitted pursuant to CAA section 112(r) are, by statute, available to the public. Members of the general public may obtain RMP data by visiting a designated…