Learn the Issues
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Release Reporting Requirements for Hazardous Substances in Mixtures
How can a facility determine if they must report a release of a mixture containing hazardous substances under CERCLA section 103? If the quantity of all of the hazardous constituents of the mixture or solution is known, a person in charge of a vessel or facility must report a release…
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What emergency release information must be reported to a telephone operator?
An owner or operator of a facility from which there is a release of a substance during transportation or storage incident to transportation may meet the emergency release notification requirement by providing the information specified in 40 CFR §355.42(b) to the 911 emergency operator, or in the absence of a…
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Should location and the cause of incident be included in the the written follow-up?
Regarding the written follow-up report to an incident, should location of the incident and the cause of the incident be included? The April 22,1987 Federal Register ( 52 FR 13387 ) states that the location of the incident should definitely be included in both the initial and written follow-up reports…
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Release notification for release at a Federal facility
Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Federal facility? Yes. Under CERCLA section 120, all requirements of CERCLA apply to the Federal government in the same manner…
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Does EPCRA release reporting to State and local government agencies satisfy the CERCLA 103 requirement to report to the NRC?
Are reports made to State and local government agencies relayed to the National Response Center (NRC) and, if so, does the original call satisfy reporting requirements under CERCLA section 103? Although reports are sometimes passed on to the NRC by State and local government agencies, a person responsible for reporting…
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Applicability of CWA broad generic categories to other provisions of CERCLA
Are the Clean Water Act (CWA) broad generic categories for which no Reportable Quantity (RQ) has been established subject to other provisions of CERCLA? Yes. Releases of compounds within these categories, although not reportable under CERCLA section 103 (unless the compound is listed separately in 40 CFR 302.4, Table 302.4…
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Is a Dun & Bradstreet number required for EPCRA Tier II?
Pursuant to EPCRA Section 312, facilities must submit Tier II inventory information by March 1st every year. Is the Dun & Bradstreet number a required data element for Tier II inventory reporting? The Dun & Bradstreet number (also referred to as a D&B number or D-U-N-S number) is a required…
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Inspections of facilities with chemicals present below TPQ
Section 312(f) of the Emergency Planning and Community Right-to-Know Act (EPCRA) states that "upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the…
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How does a facility report batteries for Tier II?
A facility has few lead-acid batteries (non-consumer type) on site. How does the facility report these batteries on the Tier II form? The facility must first determine if there are any hazardous chemicals or extremely hazardous substances (EHSs) in the batteries. Most batteries contain sulfuric acid, an EHS, and then…
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How is confidential business information on the Tier II protected?
When submitting a Tier II form under EPCRA Section 312, a covered facility can claim the required location information confidential. How is this confidential information protected? Are there any penalties under EPCRA if a State or local official, who receives this information, fails to protect its confidentiality? While the location…
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EPCRA implementation on Tribal Lands
In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their…
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Fulfilling original signature requirement for EPCRA Tier II when submitting electronically
Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities must submit Tier II inventory information by March 1st every year. The owner or operator or the officially designated representative of the owner or operator must submit a certification statement containing an original signature that all information…
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Update / correct MSDS submission or Tier II report
Facilities that have threshold amounts of hazardous chemicals are required to submit an MSDS for each hazardous chemical and Tier II information annually to their SERC, LEPC, and local fire department ( 40 CFR 370.10(a) ). Are there any requirements to update or correct MSDS reporting or a Tier II…
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Resubmitting revised SDSs based on OSHA's new Hazard Communication Standards
Pursuant to 40 CFR Part 370 , facilities must submit a material safety data sheet (MSDS) for each hazardous chemical or submit a list of all hazardous chemicals for which the facility is required to prepare or have available an MSDS under the Occupational Safety and Health Administration (OSHA) Hazard…
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LEPC request for MSDS for substance not defined as a hazardous chemical
Under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA), ( 40 CFR 370.10(b) ), a local or tribal emergency planning committee (LEPC or TEPC) can request a material safety data sheet (MSDS) from a facility for a hazardous chemical which is present at the facility below 10,000…
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Must an R&D facility submit a MSDS for an exempt chemical upon public request?
Upon request by the public, must a Research and Development facility submit a MSDS for a chemical if the chemical is exempt from reporting under Section 311 but not exempt from the OSHA requirement of having available a MSDS? No. Under Section 311, a Research and Development facility would not…
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MSDS requirements for mixtures made on-site and not distributed into commerce
A facility owner/operator brings on-site two components that he blends into a mixture for on-site use. Since the mixture is not distributed to commerce, the facility owner/operator claims that Occupational Safety and Health Administration (OSHA) does not require him to develop a new Material Safety Data Sheet (MSDS) for the…
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Is oil stored in an intermediate storage tank exempt from 311 and 312?
A transportation firm owns a pipeline that transports oil to an intermediate storage tank at their pumping station. At the pumping station the oil is sold and sent by a secondary pipeline to the purchaser. The transportation firm also owns the secondary pipeline until the pipeline reaches a valve in…
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Memorandum: Situacion normativa de desechos de contratistas y residentes generados en actividades domesticas con pintura a base de plomo (sin fecha)
Este memorandum aclara la situacion normativa de los desechos generados como resultado de actividades domesticas con pintura a base de plomo,
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EPA Activities for Reducing Lead Exposures
EPA activities for reducing exposures to lead, related to the 2018 Lead Action Plan