Frequent Questions

Search Frequent Questions

Filter By:

Displaying 16 - 30 of 2635 results

  • Do I have to conduct incident investigations of releases resulting from theft?

    The incident investigation provisions of 40 CFR Part 68 (§§68.60 and 68.81) require facilities to investigate incidents that resulted in or could reasonably have resulted in a catastrophic release. Are covered facilities required to perform incident investigations of releases resulting from theft of

    • Last published:

  • Do Program 1 processes have to complete a process hazard analysis?

    Do owners or operators of Program 1 processes have to complete a process hazard analysis? No. The Program 1 requirements do not include a process hazard analysis (40 CFR §68.12(b)). Program 3 processes require completion of a process hazard analysis (40 CFR §68.12(d)(3)) while Program 2 processes

    • Last published:

  • Is a hazard review synonymous with a process hazard analysis (PHA)?

    The prevention program requirements under 40 CFR Part 68, Subparts C and D, include hazard reviews and process hazard analyses. Is a hazard review synonymous with a process hazard analysis (PHA)? No. A hazard review is different from a PHA. A hazard review is part of the Program 2 prevention program

    • Last published:

  • Agricultural use exemption and chemicals used for fish farming

    Sections 311 and 312 require facility owners or operators to submit Material Safety Data Sheets (MSDSs) and annual inventory reports for any hazardous chemical subject to OSHA's Hazard Communication Standard (29 CFR §1910.1200(c)) which is present at a facility above a reportable threshold (40 CFR

    • Last published:

  • Agricultural use exemption and fuels

    Does the agricultural use exemption, Section 311(e)(5), apply to fuels used by harvesting services to transport crops from the farm to the market or the food processor? Does the agricultural use exemption apply to the fuel used by the farmer to transport crops from the farm to the market or the food

    • Last published:

  • Do Sections 311 and 312 pre-empt exisiting state and local programs?

    What effect will Sections 311 and 312 requirements have on existing State and local "Right-to-Know" programs? Title III does not pre-empt existing state or local laws. Sections 311 and 312 requirements establish "ground rules" for submitting information about the presence of hazardous chemicals in

    • Last published:

  • Hazardous chemicals used in animal digestors or incinerators

    Are hazardous chemicals used in equipment, such as an animal carcass digestor or incinerator, located on the grounds of a medical or veterinary facility exempt from the definition of hazardous chemical and, therefore, exempt from reporting under EPCRA Sections 311 and 312? Any substance to the

    • Last published:

  • Is diesel fuel exempt when used solely to apply pesticides?

    A citrus grove service owner stores pesticides and diesel fuel at his facility. The owner's business consists of transporting the pesticides to citrus groves and applying them to trees. This application is the only use of the pesticides; the owner does not sell them or use them in any other way. The

    • Last published:

  • Must a facility aggregate EHSs from different mixtures?

    With regard to thresholds in mixtures, how is reporting under Sections 311 and 312 handled if a facility has a number of different mixtures on-site and each is under 10,000 pounds but the mixtures contains an aggregated quantity of an extremely hazardous substance (EHS) that exceeds its reporting

    • Last published:

  • Purchases but never receives or stores a hazardous chemical over threshold amount

    If a facility purchases more than 10,000 pounds of a hazardous chemical for which OSHA requires an MSDS in a calendar year but never actually receives or stores more than the 10,000 pound threshold at one time, must the facility report under EPCRA Sections 311 and 312? The MSDS and inventory

    • Last published:

  • Should hazardous chemicals present in vehicles be considered as present in the "facility"?

    The definition of "facility" for EPCRA Sections 311 and 312 does not include "motor vehicles, rolling stock and aircraft." Do hazardous chemicals present in cars, trucks, forklifts and other vehicles need to be considered for Sections 311 and 312 reporting as present in the "facility?" Hazardous

    • Last published:

  • Threshold calculations for acid mixtures

    Do you apply the whole weight of an acid mixture towards the threshold under EPCRA Sections 311 and 312 or just the percentage of acid stated on the material safety data sheet (MSDS)? Aqueous acids are considered mixtures under EPCRA Sections 311 and 312. The acid itself is the hazardous chemical

    • Last published:

  • Why does EPA recommend submitting a list for EPCRA 311?

    Why does EPA recommend submitting a list rather than Material Safety Data Sheets (MSDS) to meet the requirements of Section 311? Lists will minimize the paperwork burden for state and local governments and local fire departments. In addition, the list can be used as an index to inventory forms

    • Last published:

  • Facilities that close during a reporting year

    A facility storing hazardous chemicals on site permanently ceases operations and notifies the State Emergency Response Commission (SERC). Since the facility will no longer be in operation on March 1 of the following year, must the owner/operator of the closed facility submit a Tier I or Tier II

    • Last published:

  • 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 support state or

    • Last published:
Subscribe to the RSS feed for this search