Learn the Issues

This page shows all of the pages at www.epa.gov that are tagged with Learn the Issues.

  • Long-term Management of Mitigation Projects under CWA Section 404

    Mitigation should be self-sustaining but active management may be needed to meet objectives. Long-term Management is needed to ensure sustainable mitigation after performance standards are met.

  • Corps/EPA Compensatory Mitigation Rule 3rd Party Mitigation – Requirements

    Corps/EPA Compensatory Mitigation Rule 3rd Party Mitigation: Requirements

  • Corp/EPA Compensatory Mitigation Rule: Agency Roles and Responsibilities

    Determining appropriate amount and type of compensatory mitigation. Facilitate establishment of Mitigation Banks or In-Lieu Fee programs through the development of instruments.

  • Remining - Opportunities and Limitations for Water Quality Improvement and Stream Restoration

    Benefits of Remining are discussed including; reclamation of abandoned mine lands that the AML program is unlikely to ever restore, decrease or eliminate pollution loads of acidity,iron, manganese and other contaminants from pre-existing discharges.

  • Corps/EPA Compensatory Mitigation Rule 3rd Party Mitigation - Instrument Development

    Written determination of potential suitability of proposed Mitigation Bank or In-Lieu Fee program to provide compensatory mitigation for CWA 404 permits

  • Headwater Streams - What Are They and What Do They Do?

    General Stream Principles including headwater streams, Lane's Relation, stream beahvior

  • What Kind of Water Features are Regulated by the Clean Water Act (also known as Waters of the U.S.)

    Section 404 permits are required when waters regulated under the Clean Water Act, also called "Waters of the U.S.," will be dredged or filled

  • Memorandum: Clean Water Act Section 404 Regulatory Program and Agricultural Activities

    Memorandum from 1990 concerning the applicability of the Clean Water Act Section 404 regulatory program to agriculture.

  • Calculating vulnerability zone distances for EHSs in solutions

    When calculating vulnerability zone distances, how would the quantity released (QR) be handled for an extremely hazardous substance (EHS) in solution? If the EHS is in solution, a facility can make a rough estimate of the QR using equation (1) on page G-2 of the "Technical Guidance for Hazards Analysis."…

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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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