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  • Civil action attorney and court fees, awarding of fines

    A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…

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  • Notification Requirements for Refrigerant Release to Air

    If a facility has a release of a refrigerant into the air, are there any regulatory requirements to notify EPA or other government agencies? Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 304 , a facility that has a release of an extremely hazardous substance (EHS) or…

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  • Calculating Amounts of Fume or Dust for EPCRA 311 / 312 Reporting

    Facilities only have to count the amount of fume or dust given off a piece of metal, brick, or any other solid manufactured item that undergoes a modification process (i.e. cutting, welding, etc.) to determine whether the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 311 and 312 reporting thresholds…

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  • Scope of FDA Exemption For Chemicals Used in Drugs

    Section 311(e)(1) of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from the definition of hazardous chemicals subject to EPCRA Section 311 and 312 reporting requirements any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration (FDA). Are all chemicals intended for use…

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  • Specific substances excluded under CERCLA petroleum exclusion

    What substances are specifically excluded from CERCLA regulation by the petroleum exclusion? EPA interprets CERCLA section 101(14) to exclude crude oil and fractions of crude oil - including the hazardous substances, such as benzene, that are indigenous in those petroleum substances - from the definition of hazardous substance. Under this…

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  • Reporting radionuclide mixtures if composition is unknown

    How are mixtures of radionuclides reported if the composition of the mixture is unknown? If the composition of the radionuclide mixture is unknown, there are two main possibilities: (1) the identity of the radionuclides is known but the quantities of one or more of the radionuclides released are not; or…

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  • Release of a hazardous substance in an encapsulated form

    Is the release of a Reportable Quantity (RQ) or more of a CERCLA hazardous substance in an encapsulated form reportable? The term "release" is defined in CERCLA section 101(22) as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment…

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  • Liability for damages caused by a release below the RQ

    If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release? Yes. A release of a CERCLA hazardous substance below its RQ does not preclude liability from any damages that may result, including the costs of cleaning up…

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  • Counting Ammonia and Ammonium Hydroxide for Emergency Planning Notification under EPCRA section 302

    Ammonium hydroxide is a solution of ammonia in water. If a facility stores ammonium hydroxide (CAS #1336-21-6) in a large storage tank on site, should the facility include the quantity of ammonia in ammonium hydroxide for the Emergency Planning and Community Right-to-Know Act (EPCRA) section 302 emergency planning notification? The…

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  • CERCLA Release Reporting: CAS Registry Number vs. Hazardous Substance Name

    For the purposes of CERCLA release notification requirements, hazardous substances are listed in 40 CFR 302.4 with a Chemical Abstract Service (CAS) Registry Number. What are CAS Registry Numbers? When determining whether to report a release of a chemical or substance, how should a facility proceed if it appears that…

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  • Local Emergency Planning Committee request of notification for exempt chemicals

    Under Section 312 , if a local emergency planning committee requests a Tier I/II from a facility owner/operator for a substance which is exempt (either under EPCRA, Section 311(e), or the OSHA Hazardous Communication Standard, 29 CFR 1910.1200(b)) , are they required to comply with the request? If the LEPC…

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  • Consolidated List of Chemicals Subject to EPA Programs

    EPA implements a number of regulatory programs that use specific chemical lists as part of the process to determine reporting applicability. Is there a consolidated list of chemicals that are subject to EPA programs? The Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA), Comprehensive…

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  • Public access of Title III documents

    Section 324 of EPCRA addressing the public availability of documents, states that the emergency response plan, material safety data sheet or list submission, Tier I/II, Form R and Section 304 written follow-up notice are to be made available to the public by "the State Emergency Response Commission (SERC), or Local…

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  • Are farm suppliers and retailers exempt from 311 and 312?

    Would a farm supplier or retail distributor be excluded from Sections 311 and 312 reporting based on the agricultural exemptions? Under Section 311(e)(5), retailers are exempted from reporting requirements for fertilizers only. Therefore, substances sold as fertilizers would not need to be reported under Sections 311 and 312 by retail…

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  • Are automobile batteries at a wholesaler exempted from EPCRA 311 and 312?

    A facility sells automobile batteries wholesale. Are these batteries at the wholesaler's facility exempt from reporting under SARA Sections 311/312 due to the household product exemption under SARA section 311(e)(3)? Section 311(e)(3) exempts from the definition of hazardous chemical "(a)ny substance to the extent is used for personal, family, or…

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