Search Frequent Questions

Filter By:

Active filters:

Remove all filters

Displaying 61 - 75 of 442 results

  • Under the Asbestos Hazard Emergency Response Act (AHERA), can a local education agency (LEA) hire one abatement firm both to conduct a response action and to carry out the transmission electron microscopy (TEM) clearance air monitoring on that project?

    No. In Unit II.B.2 of Appendix A to 40 CFR part 763, subpart E it states that TEM “[s]ampling operations must be performed by qualified individuals completely independent of the abatement contractor to avoid possible conflict of interest.” Accordingly, the LEA would have to select another person or firm “completely…

    • Last published:

  • 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 chemical inventory reporting but…

    • Last published:

  • EPCRA 311 / 312 Applicability to Brine / Salt Solutions

    Are facilities required to prepare or have available a material safety data sheet/safety data sheet (MSDS/SDS) for brine/salt solutions under the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) ( 29 CFR 1910.1200 )? Yes, facilities are required to prepare or have available an MSDS/SDS for brine/salt solutions…

    • Last published:

  • 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 temperature means that the material is stored in…

    • Last published:

  • Definition of "release"

    How is the term "release" defined? CERCLA section 101(22) defines "release" as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant)...."

    • Last published:

  • Who must be notified of a release under EPCRA?

    Who must be notified of a release under Emergency Planning and Community Right-to-Know Act (EPCRA)? The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance…

    • Last published:

  • Who must be notified of a release under CERCLA?

    Who must be notified of a release under CERCLA? One call to the NRC fulfills the requirement to report releases of hazardous substances under CERCLA and several other regulatory programs, including those under the Clean Water Act (CWA) section 311, Resource Conservation and Recovery Act (RCRA), and the U.S. Department…

    • Last published:

  • Tests to determine RCRA characteristic of toxicity

    What tests can be used to determine whether a waste exhibits the Resource Conservation and Recovery Act (RCRA) characteristic of toxicity? In 1990, EPA replaced the extraction procedure test for determining whether wastes exhibit the toxicity characteristic with the toxicity characteristic leaching procedure (TCLP). Currently, a waste is considered toxic…

    • Last published:

  • Reporting spills of FIFRA registered pesticides

    If a pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is accidentally spilled, must it be reported? Yes. Accidents, spills, improper application, and improper disposal are within the scope of the release notification provisions of CERCLA and must be reported. EPA's interpretation of the pesticide exemption in…

    • Last published:

  • Reportable release time period

    Over what time period must a Reportable Quantity (RQ) of a hazardous substance be released for that release to be reportable? EPA has stated that the period during which the person in charge must measure whether an RQ or more has been released is 24 hours. Reporting must occur immediately…

    • Last published:

  • Release of a RCRA-delisted hazardous waste

    If a company has had its petition to delist a specific Resource Conservation and Recovery Act (RCRA) hazardous waste granted by an EPA-approved State RCRA program, and that company releases this waste in excess of its Reportable Quantity (RQ), is it required to notify the National Response Center (NRC)? Under…

    • Last published:

  • Release notification for disposal into RCRA-regulated facility

    Would disposal of a hazardous substance into a Resource Conservation and Recovery Act (RCRA) Subtitle C permitted facility or interim status facility be reportable? No. The disposal of hazardous substances into a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Where the disposal of…

    • Last published:

  • Is there a concentration cutoff below which it is not necessary to report a release?

    Is there a concentration cutoff below which it is not necessary to report a release, even though a Reportable Quantity (RQ) might have been exceeded over a 24-hour period? No. There are no concentration cutoffs for the RQs (i.e., a lower-bound concentration below which reporting would not be required). Unless…

    • Last published:

  • 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 information other than…

    • Last published:

  • Electronic Submission of Tier II Inventory Information

    Pursuant to the Emergency Planning and Community Act (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…

    • Last published: