Learn the Issues
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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 the activities of "farm cooperatives" interpreted for reporting purposes?
Farm cooperatives would be subject to Sections 311 and 312 reporting requirements.
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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…
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Filing trade secrecy claims internationally
A chemical company has one operation in a foreign country and an identical operation in the U.S. For one chemical, they wish to file a trade secrecy claim under Sections 311 and 312. With regard to public disclosure, all non-government entities in the foreign country are bound by a confidentiality…
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Exemption for research laboratories and medical facilities under 311 and 312
Are research laboratories and medical facilities exempt from reporting under Sections 311 and 312? Research laboratories and medical facilities are not exempt from reporting requirements under Sections 311 and 312, rather, Section 311(c)(4) of Title III excludes from the definition of hazardous chemical: "Any substance to the extent it is…
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Does a facility have an option how to report a mixture containing EHS?
Under Sections 311 and 312, when extremely hazardous substances are contained within a mixture, does a facility still have the option to report the mixture as a whole or by its hazardous components? Yes, the mixture may be reported as a whole or by its hazardous components. To determine whether…
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Do facilities that submit lists have to file revised MSDSs?
If a facility submits a list to comply with Section 311, does the facility have to supply a revised MSDS with significant new information or a new MSDS for substances that become present on-site after the initial reporting deadline and exceed the threshold within three months as required by Section…
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Can retail gas stations use new thresholds if USTs are not in compliance?
How does temporary non-compliance with UST requirements affect applicability of the higher gasoline and diesel fuel thresholds for EPCRA? Retail gas stations that were not in compliance with all applicable UST requirements at any time during a calendar year may not apply the higher gasoline and diesel fuel thresholds for…
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Reporting for an EHS mixture based on a concentration range
A facility has a mixture which contains extremely hazardous substances (EHSs). The Material Safety Data Sheet (MSDS) for the mixture only indicates a range of concentration for its components. For the purposes, of reporting under EPCRA Sections 302, 304, and 311/312 of EPCRA, should the facility owner/operator report be based…
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Smog Rating
Description of vehicle smog ratings.
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Reporting to an on-site fire department
Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA-defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds. If a…
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Public access for MSDSs
Where should citizens go to request MSDSs on chemicals in a facility within their community? Each submitted MSDS or list along with the community emergency response plan, and inventory form are to be made available to the public at a designated location during normal working hours. Each local emergency planning…
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Purchases but never receives or stores a hazardous chemical over threshold amount
If a facility purchases more than 10,000 pounds of a hazardous chemical for which OSHA requires an MSDS in a calendar year but never actually receives or stores more than the 10,000 pound threshold at one time, must the facility report under EPCRA Sections 311 and 312? The MSDS and…
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Oxygen used at a hospital by technically qualified individuals
A hospital stores oxygen in a large outside bulk storage tank and delivers the material, as needed, throughout the hospital using a piping system (the oxygen is used only in the treatment of patients). The bulk storage tank is routinely maintained by hospital maintenance people but the oxygen itself is…