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Secondary containment for oil-filled operation equipment under SPCC
On December 26, 2006, EPA provided an optional alternative to the general secondary containment requirements in 40 CFR §112.7(c) for qualified oil-filled operational equipment (71 FR 77266). Because the alternative is optional, an owner or operator could choose to comply with the existing SPCC
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CERCLA Release Notification and the Workplace Exposure Exclusion
CERCLA section 101(22) excludes from the definition of release any release solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons. Does the workplace exposure exclusion apply for purposes of CERCLA release notification requirements? The
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Reporting Changes (other than source or composition) to a Continuous Release Report
Pursuant to CERCLA regulations, facilities must submit a continuous release report when they release a CERCLA hazardous substance that equals or exceeds a reportable quantity (RQ) on a continuous basis. Once a continuous release report has been sent to EPA, how does the facility report changes in
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CERCLA Release Reporting: Clarification of Facility
The term facility, as defined in 40 CFR 302.3, does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification? Yes. Adjacent buildings on a
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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
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Definition of Ambient Temperature for EPCRA 312 Reporting
The Tier II Hazardous Chemical Inventory form, used to meet annual EPCRA section 312 reporting requirements, requires facility owners or operators to note whether reported hazardous chemicals are present at, above, or below ambient temperature. What is meant by ambient temperature? Ambient
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EPCRA 312 Back Reporting for Previous Years
Facilities subject to EPCRA section 312 (40 CFR part 370) must submit an inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Do facilities have to report for previous years if they were subject to hazardous
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EPCRA 311 / 312 Applicability to Brine / Salt Solutions
Are facilities required to prepare or have available an MSDS/SDS for brine/salt solutions under OHSA HCS (29 CFR 1910.1200)? Yes, facilities are required to prepare or have available an MSDS/SDS for brine/salt solutions under OSHA HCS. Therefore, a facility that has brine/salt solution at or above
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Use Federal Tier II Form When Claiming Trade Secret
40 CFR Part 350 allows facilities to withhold certain chemical information when reporting under EPCRA if the facility claims those chemicals to be a trade secret. When submitting the required trade secret claim package for Tier II reports, must a facility use the federal Tier II inventory form or
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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
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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
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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
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Lithium Ion Batteries and EPCRA 311 / 312 Reporting Requirements
Are lithium ion batteries subject to MSDS Reporting under EPCRA Section 311 and Chemical Inventory (i.e., Tier II) Reporting under EPCRA Section 312? The reporting requirements of Sections 311 and 312 of EPCRA apply to owners and operators of facilities that are required to prepare or have a
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Electronic Submission of Tier II Inventory Information
Pursuant to EPCRA Section 312, facilities must submit by March 1st every year Tier II inventory information regarding any hazardous chemical present at their facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level (40 CFR 370.40). Can
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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 EPCRA or the CAA §112(r) (i.e
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