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  • Transportation exemption and EPCRA emergency planning

    To what extent is an LEPC/TEPC required to plan if there are only a few (or no) facilities having extremely hazardous substances present in excess of threshold planning quantities, but there is significant interstate transportation of these and other hazardous substances? While Section 327 of Title III generally exempts the…

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  • Clean Water Act (CWA) and CERCLA Hazardous Substance Lists

    What is the relationship between the hazardous substance lists under the Clean Water Act (CWA) and under CERCLA? All CWA hazardous substances and CWA toxic pollutants are CERCLA hazardous substances, whereas only some CERCLA hazardous substances are CWA hazardous substances. CERCLA section 101(14) defines “hazardous substance” by reference to lists…

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  • Applicability of EPCRA 311 and 312 to state and local government facilities

    Are state and local government facilities subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 in states with Occupational Safety and Health Administration (OSHA) approved state plans covering those facilities? The Occupational Safety and Health Act prohibits OSHA from covering state and local government workers…

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  • Using TRI Form R for Continuous Release Reporting

    A facility wants to use the reduced reporting option under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103(f)(2) for releases of hazardous substances that occur in a manner that is continuous and are stable in quantity and rate. Can the Toxics Release Inventory (TRI) Form R be…

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  • Eligibility for Gasoline and Diesel Thresholds at Retail Gas Stations

    If a retail gas station is not fully compliant with applicable Underground Storage (UST) regulations for an underground diesel tank, but is compliant for all gasoline USTs, can it use the 75,000 gallon gasoline UST threshold when determining if a threshold has been exceeded for EPCRA sections 311 and 312…

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  • Determining the amount released for Ammonia and Ammonium Hydroxide for Release Notification Requirements under CERCLA section 103 and EPCRA section 304

    Ammonia (CAS number 7664-41-7) is an Extremely Hazardous Substance (EHS), listed at 40 CFR Part 355 Appendix A and Appendix B with a reportable quantity (RQ) of 100 lbs. Both ammonia and ammonium hydroxide (CAS number 1336-21-6) are listed as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances…

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  • Tier2 Submit software and confidential chemical location information

    When using EPA’s Tier2 Submit software to comply with the annual Hazardous Chemical Inventory reporting requirement under the Emergency Planning and Community Right-to-Know Act (EPCRA) §312, how can a person withhold confidential chemical location information from disclosure to the public? In order to fulfill the proper reporting under EPCRA, a…

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  • EPCRA Release Notification of RQ in Any 24-Hour Period

    EPCRA section 304 requires notification to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) when there is a release of a reportable quantity (RQ) of either a CERCLA hazardous substance or an extremely hazardous substance (EHS). CERCLA section 103(a) and 40 CFR 302.6 require notification…

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  • Storage location for batteries in forklifts when complying with Tier II reporting

    As part of Tier II Chemical Inventory Reporting, a facility must provide a brief description of the precise location of the hazardous chemical at the facility ( 40 CFR §370.42(i)(8)(i) ). A facility is reporting forklift batteries on their annual Tier II Inventory Form. How should the facility list the…

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  • Definition of hazardous chemical and OSHA's MSDS requirement for determining applicability of EPCRA 311/312

    The requirements of 40 CFR Part 370, promulgated pursuant to EPCRA Sections 311 and 312, apply to facilities that have certain quantities of hazardous chemicals for which they are required, under the Occupational Safety and Health Act (OSHA), to prepare or have available Material Safety Data Sheets (MSDSs). How should…

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  • Would pesticide sprayed on ground count towards §302 threshold?

    Section 302 requires owners and operators of facilities that have extremely hazardous substances (EHSs) present above the threshold planning quantity (TPQ) to participate in emergency planning ( 40 CFR §355.20 ). If a facility has a pesticide sprayed on its grounds without first being stored at the facility, must the…

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  • Calculating EHS quantities within landfills

    How are the quantities of the extremely hazardous substances (EHSs) to be calculated in determining if landfills are subject to the section 302 requirements? EPA realizes the practical problems presented for landfills in complying with the Title III requirements. Owners of these facilities must determine, based on reasonably available information…

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  • Federal or state UST requirements for gasoline and diesel thresholds

    Do facilities have to comply with the federal UST requirements or with state UST requirements to be eligible to use the §§311/312 gasoline and diesel fuel thresholds? Facilities must comply with either federal UST requirements ( 40 CFR Part 280 ) or, if applicable, the requirements of the state UST…

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  • Consumer product exemption and products that require licensing

    Pennsylvania restricts the use of a product that is packaged for distribution and use by the general public by requiring users within the State to obtain a license. This product requires a material safety data sheet under OSHA, and thus may be subject to the reporting requirements of EPCRA Sections…

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  • Are polymers in pellet form exempt from the definition of hazardous chemical?

    If polymers are in pellet form and require material safety data sheets, are they exempt from the definition of hazardous chemical under Section 311(e)(2)? Section 311(e)(2) exemption from the definition of hazardous chemical applies to "any substance present as a solid in any manufactured item to the extent exposure to…

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