Learn the Issues
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Does hydrogen sulfide present in the ground count towards the TPQ and RQ?
A petroleum company is drilling for oil contained in the ground below their facility. Would the hydrogen sulfide present in the ground be counted toward the threshold planning quantity (TPQ) for this extremely hazardous substance (EHS) under Section 302? Also, if there is a reportable release of this EHS above…
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Tier II Trade Secret Package Must Include All Chemicals Subject to Reporting
The regulations at 40 CFR part 350 allows facilities to withhold certain chemical information when reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) if the facility claims those chemicals to be a trade secret. When submitting the required trade secret claim package for EPCRA section 312 (i.e., Tier…
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Saccharin Removed from CERCLA Hazardous Substance List
Is saccharin and its salts a CERCLA hazardous substance? On December 17, 2010 ( 75 FR 78918), EPA published a final rule to remove saccharin and its salts from the CERCLA list of hazardous substances and the RCRA list of hazardous wastes. EPA originally added saccharin to the CERCLA list…
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Tier II submission fees
Are there any fees associated with the submission of a Tier II form? There are no federal fees associated with the submission of a Tier II form. However, owners and operators of facilities subject to 40 CFR Part 370 are encouraged to check with their state agencies, as some states…
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Facilities covered under EPCRA 304
What facilities are covered under EPCRA release reporting requirements? EPCRA section 329(4) defines facility to include stationary structures on a single site, or on contiguous or adjacent sites owned or operated by the same person. For purposes of release reporting under EPCRA section 304, motor vehicles, rolling stock, and aircraft…
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Responsibility for MSDS Accuracy
When submitting a material safety data sheet (MSDS) in order to meet the reporting requirements of EPCRA section 311, to what extent are “downstream” recipients of an MSDS, such as manufacturers and chemical users, responsible for the accuracy of the information on the MSDS, such as chemical hazard assessments? Producers…
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EPCRA 304 Release Notification For Mixtures
How is release notification handled for mixtures under EPCRA section 304? Similar to the release notification requirements in CERCLA section 103, release notification of a mixture under EPCRA should be in accordance with the Clean Water Act (CWA) mixture rule. If the quantity of all the hazardous constituents of the…
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CERCLA petroleum exclusion
What is the CERCLA petroleum exclusion? The term "hazardous substance" is defined in CERCLA section 101(14) to include substances listed under four other environmental statutes (as well as those designated under CERCLA section 102(a)). The definition excludes "petroleum, including crude oil or any fraction thereof," unless specifically listed or designated…
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Releases from a facility onto a public roadway that runs through the facility
The EPCRA emergency notification regulations require facility owners and operators to immediately report releases into the environment of extremely hazardous substances or CERCLA hazardous substances if the releases exceed specific reportable quantities ( 40 CFR §355.42). The notification must be provided to the appropriate State Emergency Response Commission and Local…
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Are mining facilities required to notify under Sections 311 and 312?
Mining facilities regulated by the Mining Safety and Health Administration, (MSHA) are not subject to OSHA's Hazard Communication Standard (HCS) and, therefore, are not subject to the Sections 311 and 312 requirements. However, it should be noted that because MSHA covers only actual mining activities, all other operations, such as…
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Are pipelines subject to 311 and 312?
Pipelines and similar transport systems are covered under the OSHA Hazard Communication Standard (HCS) (August 24, 1987). Must the "storage" of materials in these facilities be reported under Sections 311 and 312? Materials in pipelines are included in the general exemption for substances in transportation from all requirements under Title…
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Reporting hazardous substance mixtures
How are mixtures of hazardous substances (other than radionuclides) reported? EPA issued the "mixture rule" ( 40 CFR section 302.6(b)), developed in connection with CWA section 311 regulations, as a method for determining when to report releases of mixtures or solutions. Under the mixture rule, if the quantities (or concentrations)…
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Are marinas and airports included under the definition of "retail gas station?"
Gas stations in marinas and airports that sell fuel for boats and airplanes are not included within the definition of "retail gas station" for purposes of higher reporting thresholds EPCRA §§311/312. In the February 11, 1999, Federal Register, EPA added the phrase "for motor vehicle use on land" to the…
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Are government products unavailable to the public exempt?
Executive Order 12856 required federal facilities to comply with all aspects of EPCRA ( 58 FR 41981; August 6, 1993). Prior to this action, EPCRA did not apply to federal facilities. Consequently, interpretive language previously issued as guidance for non-federal facilities often does not address issues specific to federal facilities…
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Reporting radionuclide mixtures if composition is known
How are mixtures of radionuclides reported if the composition of the mixture is known? The requirements for reporting mixtures of radionuclides depend on whether the composition of the mixture is known or unknown. If the identity and quantity (in curies) of each radionuclide involved in a release is known, the…
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What is meant by "molten" and "in solution" when describing extremely hazardous substances?
To assist state and local officials in the development of emergency response plans, the Emergency Planning and Community Right-to-Know Act (EPCRA) requires the owner or operator of each facility at which an extremely hazardous substance (EHS) is present in an amount equal to or exceeding its threshold planning quantity (TPQ)…
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Does MSHA have jurisdiction over inactive mine facilities?
The owner of a coal mine is maintaining one bulk anhydrous ammonia tank and satellite ammonia tanks because of an agreement with the State pursuant to environmental regulations concerning acid mine drainage. Ammonia is used to treat surface water runoff (raise the pH of the effluent). The mine is no…
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Can a lease agreement exempt a facility owner from Tier II reporting?
An owner leases a facility to another person. The lease agreement states that "in its use and occupancy of the facility and in its use of the leased equipment, the lessee shall abide by and comply with all governmental laws, regulations and requirements." Does this contractual language exempt the owner…
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Consumer product exemption and batteries
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. Facility…
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Is household heating fuel exempt from the Sections 311 and 312 requirements?
Section 311(e)(3) exempts, "any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public." This household product exemption does not apply to the use of household…