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Displaying 1 - 15 of 133 results

• Release notification for release at Superfund site

  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 Superfund site during cleanup activities? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…

  • Last published: April 9, 2024

• 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 workplace exposure exclusion only applies…

  • Last published: April 9, 2024

• 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 contiguous property where multiple…

  • Last published: April 9, 2024

• 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…

  • Last published: April 9, 2024

• If an Asbestos Hazard Emergency Response Act (AHERA) accredited-training course is taught by someone other than instructors certified by the state or the Environmental Protection Agency (EPA), can an approved contractor/instructor sign certificates?

  No. An EPA Asbestos Hazard Emergency Response Act (AHERA) accredited training course must be taught by EPA/state approved instructors and only those approved instructors may issue AHERA approved training course certificates. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings…

  • Last published: May 1, 2024

• Should follow-up release information be sent to the state environmental agency?

  Should the written follow-up information go not only to the local emergency planning committee and the state commission but also to the state environmental agency? Section 304(c) of Title III mandates that written follow-up notification go to the same entities that received the initial oral notification, i.e., the state commission…

  • Last published: May 8, 2024

• "Regulatory Synonym" listings in Table 302.4 of 40 CFR 302.4

  What determines whether a "Regulatory Synonym" is listed for a substance in Table 302.4 of 40 CFR 302.4? In general, no entry is made in the "Regulatory Synonym" column of 40 CFR 302.4 , Table 302.4 for a substance if only one chemical name is used to identify that substance…

  • Last published: May 8, 2024

• CERCLA hazardous substances and relationship to U.S. DOT's Hazardous Materials Regulations

  What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations? CERCLA section 306(a), as amended, requires the DOT to list and regulate as hazardous materials all CERCLA hazardous substances. Thus, all CERCLA hazardous substances are covered by the DOT's Hazardous Materials Regulations…

  • Last published: May 8, 2024

• How are releases during transportation or storage incident to transportation covered under Section 304?

  Section 304 covers all releases of listed hazardous or extremely hazardous substances, including those involved in transportation in excess of the reportable quantity (RQ). Owners or operators of transportation facilities may call 911 or the local telephone operator, in order to satisfy Section 304 notification requirements when a release occurs…

  • Last published: May 8, 2024

• Can the de minimis concept be used with Section 304 release reporting?

  Can the "de minimis" concept used in determining the threshold planning quantities in mixtures be applied in the determination of the reportable quantity for emergency release notification? No. The "de minimis" quantity was set in place for threshold planning quantities simply to make the calculation of the total amount of…

  • Last published: May 8, 2024

• Is there a formal requirement that an Asbestos Model Accreditation Plan (MAP) asbestos training course must have a training manual?

  Accredited trainers are not required to have a formal training manual, per se. According to the Asbestos Model Accreditation Plan (MAP), at Unit III, (A)(3), (A)(4)(d) and (A)(5) of appendix C to 40 CFR part 763, subpart E, a trainer’s application for course approval must include the course curriculum, a…

  • Last published: May 14, 2024

• What are the requirements under the Asbestos Hazard Emergency Response Act (AHERA) for refresher training for a person who wants to "step down" his/her certification from contractor/supervisor status to worker status?

  If such a person takes contractor/supervisor refresher courses on an annual basis, that person may perform in both the contractor/supervisor and worker roles. If, however, the person chooses only to take annual worker refresher courses, that person may continue to act in the role of an accredited worker but loses…

  • Last published: May 24, 2024

• What is the applicability of Federal asbestos inspector accreditation requirements under the Asbestos Hazard Emergency Response Act (AHERA) to real estate appraisers?

  Real estate appraisers may not assess the suspected presence, location, or condition of asbestos in a school building or a public and commercial building during an appraisal unless they are accredited pursuant to the Toxic Substances Control Act (TSCA) and the Asbestos Model Accreditation Plan (MAP), as conducting an examination…

  • Last published: May 24, 2024

• When would a conflict of interest exist among Asbestos Model Accreditation Plan (MAP)-accredited personnel?

  A conflict of interest with respect to Asbestos Model Accreditation Plan (MAP)-accredited personnel would exist if, for example, the management planner and abatement contractor worked for the same firm. The planner might recommend to the LEA more expensive response actions than are necessary in the management plan. Other Frequent Questions…

  • Last published: May 24, 2024

• The training requirements specified in 40 CFR part 763 appear to apply to projects (excluding small-scale, short-duration projects) involving interior building components. Specifically, is roofing work and other exterior work covered?

  Worker training requirements specified in 40 CFR part 763, including those for accreditation under the Asbestos Model Accreditation Plan (MAP), apply to interior building projects done in schools and public and commercial buildings. Additionally, the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP), Occupational Safety and Health Administration (OSHA)…

  • Last published: May 30, 2024