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Displaying 31 - 45 of 172 results

  • Use Federal Tier II Form When Claiming Trade Secret

    40 CFR Part 350 allows facilities to withhold certain chemical information when reporting under EPCRA if the facility claims those chemicals to be a trade secret. When submitting the required trade secret claim package for Tier II reports, must a facility use the federal Tier II inventory form or can…

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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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  • Ethanol added to food / beverages and Tier II reporting (i.e., EPCRA Section 312)

    Is Ethanol (CAS# 64-17-5) that is added to foods or alcoholic beverages exempt from the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312 chemical inventory (i.e., Tier I/II) reporting requirements? EPCRA Section 312 requires facility owners or operators to submit annual chemical inventory reports (Tier I/Tier II Forms) for…

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  • Reducing factor for MSDS Reporting under EPCRA section 311

    Should the reducing factor of 0.2 for applying the emergency planning notification threshold planning quantities (TPQs) for non-reactive solid extremely hazardous substances (EHSs) in solution also be used when applying the reporting thresholds for MSDS Reporting under section 311 and Hazardous Chemical Inventory reporting under section 312 of EPCRA (…

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  • When does “storage incident to transportation” end?

    Are hazardous chemicals stored at the destination indicated on the shipping papers considered to be storage “incident to transportation” if they will be shipped later on to another destination under new shipping papers? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…

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  • Are hazardous chemicals in transportation subject to EPCRA 311/312?

    Are hazardous chemicals in transportation subject to material safety data sheet (MSDS) reporting under Section 311 and Tier II hazardous chemical inventory reporting under Section 312 of EPCRA ( 40 CFR 370 )? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…

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  • Does sheet metal lose the manufactured item exemption when cut, welded, or brazed?

    A facility stores and processes sheet metal that contains a hazardous chemical requiring a material safety data sheet (MSDS) under OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ). The sheet metal, when in storage, is considered a manufactured solid and is therefore excluded from the definition of hazardous…

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  • Is customized paint exempted under the consumer product exemption?

    A store sells paint in five-gallon cans to the general public. Customers may purchase the paint as received from the manufacturer, or they may request a custom shade of paint. To attain the customer's desired shade, store employees will mix two or more base colors. This process involves opening the…

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  • TPQ calculations for hazardous substances in molten form

    Facilities are subject to emergency planning and notification requirements under EPCRA (also known as SARA Title III) when an extremely hazardous substance (EHS) is present at a facility in an amount equal to or in excess of its TPQ. For some EHSs that are solids, two TPQs are given (e.g…

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  • 311/312 - Retail gas station "not in compliance" with UST requirements

    For purposes of using the higher EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered "not in compliance" with UST requirements? A facility is not in compliance with the UST requirements (and therefore not eligible for the higher EPCRA thresholds) when it first fails to meet…

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  • Reporting responsibility under EPCRA §302 for a facility with several unrelated companies?

    A public warehouse is used by several unrelated companies to store extremely hazardous substances (EHSs). For purposes of emergency planning notification, who is responsible, under EPCRA Section 302, for notifying the State Emergency Response Commission if a threshold planning quantity (TPQ) of an EHS is present at the warehouse? The…

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  • MSDS reporting for various blends of gasoline

    A service station stores both leaded and unleaded gasoline on-site. For the purpose of EPCRA 311 hazardous chemical inventory reporting, is the owner/operator of the facility required to submit separate material safety data sheets (MSDS) for each type of gasoline, or is a single MSDS sufficient? Section 311 of EPCRA…

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  • Two threshold planning quantities (TPQs)

    Several substances on the list of extremely hazardous substances (EHSs) have two threshold planning quantities (TPQs) listed in 40 CFR Part 355 , Appendix A . When would a facility use the higher TPQ? EHSs that are in solid form are subject to one of two different TPQs. A facility…

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  • EPCRA Section 312 applicability

    Who is required to submit a Section 312 Tier I Form? The requirements of Section 312 ( 40 CFR Part 370 ) apply to the owner or operator of any facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the…

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  • Reporting hydrofluoric acid as a mixture

    A facility has hydrofluoric acid which is a mixture of hydrogen fluoride and water. The MSDS specifies that the mixture is 50% hydrogen fluoride and 50% water. For purposes of reporting under Sections 311/312, should the facility report on the hydrofluoric acid mixture or the 50% hydrogen fluoride? Since the…

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