Learn the Issues
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What is the relationship between reportable quantities (RQs) and threshold planning quantities (TPQs)?
The reportable quantity (RQ) that triggers emergency release notification (Section 304) was developed as a quantity that when released, poses potential threat to human health and the environment. The RQs were developed using several criteria, including aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, potential carcinogenicity, biodegradation, hydrolysis, and photolysis…
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TPQ calculations for hazardous substances in molten form
Facilities are subject to emergency planning and notification requirements under EPCRA (also known as SARA Title III) when an extremely hazardous substance (EHS) is present at a facility in an amount equal to or in excess of its TPQ. For some EHSs that are solids, two TPQs are given (e.g…
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Hazardous Waste Cleanup: Arkema Inc. East Plant Riverview and Wyandotte, MI
RCRA Corrective Action Site, Arkema Inc. East Plant Riverview and Wyandotte, MI
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311/312 - Retail gas station "not in compliance" with UST requirements
For purposes of using the higher EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered "not in compliance" with UST requirements? A facility is not in compliance with the UST requirements (and therefore not eligible for the higher EPCRA thresholds) when it first fails to meet…
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Are landfills covered under Title III of SARA since they are covered by RCRA?
Yes, landfills are subject to certain Title III requirements. Subtitle A of Title III is intended to identify facilities which present a potential hazard for a chemical emergency and to provide a process for local emergency planning committees to engage with such facilities in determining the significance of the release…
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Does sheet metal lose the manufactured item exemption when cut, welded, or brazed?
A facility stores and processes sheet metal that contains a hazardous chemical requiring a material safety data sheet (MSDS) under OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ). The sheet metal, when in storage, is considered a manufactured solid and is therefore excluded from the definition of hazardous…
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Is customized paint exempted under the consumer product exemption?
A store sells paint in five-gallon cans to the general public. Customers may purchase the paint as received from the manufacturer, or they may request a custom shade of paint. To attain the customer's desired shade, store employees will mix two or more base colors. This process involves opening the…
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Are hazardous chemicals in transportation subject to EPCRA 311/312?
Are hazardous chemicals in transportation subject to material safety data sheet (MSDS) reporting under Section 311 and Tier II hazardous chemical inventory reporting under Section 312 of EPCRA ( 40 CFR 370 )? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…
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When does “storage incident to transportation” end?
Are hazardous chemicals stored at the destination indicated on the shipping papers considered to be storage “incident to transportation” if they will be shipped later on to another destination under new shipping papers? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…
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No Street Address Availability Tier II Reporting
Pursuant to 40 CFR 370.42(d) , Tier II chemical inventory information must include the complete name and address of the location of the facility (including the full street address or state road, city, county, State and zip code), latitude and longitude. If a facility does not have a street address…
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Ethanol added to food / beverages and Tier II reporting (i.e., EPCRA Section 312)
Is Ethanol (CAS# 64-17-5) that is added to foods or alcoholic beverages exempt from the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312 chemical inventory (i.e., Tier I/II) reporting requirements? EPCRA Section 312 requires facility owners or operators to submit annual chemical inventory reports (Tier I/Tier II Forms) for…
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Are petroleum products exempt from 311 and 312?
Are petroleum products exempt from the reporting requirements of Sections 311 and 312? Petroleum products are not specifically exempted from Sections 311 and 312 reporting. However, some products could fall under the exemptions listed in Section 311(e).
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Reducing factor for MSDS Reporting under EPCRA section 311
Should the reducing factor of 0.2 for applying the emergency planning notification threshold planning quantities (TPQs) for non-reactive solid extremely hazardous substances (EHSs) in solution also be used when applying the reporting thresholds for MSDS Reporting under section 311 and Hazardous Chemical Inventory reporting under section 312 of EPCRA (…
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Types of Crude Oil
The petroleum industry often classifies these types by geographical source, but the classification scheme here is more useful in a spill cleanup scenario. It indicates general toxicity, physical state, and changes caused by time and weathering.
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Follow-up notification requirements for release occurring in transportation
Must a notifier submit a follow-up emergency notice after the initial 911 report? Notification of a release during transportation or storage incident to transportation, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.42 to…
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CFAT Impacts on EPCRA and RMP
The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…
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EPCRA Reporting Mechanisms for Protecting Sensitive Business Information
Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…
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State Single Point Submission Process for Tier II Reports
Pursuant to 40 CFR 370.44, the owner or operator of a facility must submit the required Tier II inventory information to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department with jurisdiction over their facility. If a state has implemented a single point of submission…
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Bricks May Be Eligible for Solid and Manufactured Item Exemption for EPCRA 311 / 312 Reporting
For safety data sheet (SDS) and Tier II inventory reporting under EPCRA Sections 311 and 312, there is an exemption for solid and manufactured items that do not have the potential for exposure under normal conditions of their use. Are bricks eligible for the solid and manufactured item exemption under…
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EPCRA 311 / 312 Reporting Responsibility For Industrial Park Owner
EPCRA sections 311 and 312 assign responsibility for reporting to “the owner or operator of any facility which is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act (OSHA) of 1970 and regulations under that act.”…