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  • What is a reactive and non-reactive solid EHS?

    Reactive solid means any extremely hazardous substance denoted with “a” in the “Notes” column in Appendix A or B of 40 CFR 355. Reactive solids are more likely than other solids to be dispersed into the air due to the energy or heat created from their reactivity with water or…

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  • How did states form their SERCs?

    How are States expected to form their State Emergency Response Commission (SERC) as required under Title III? States are required to establish a State Emergency Response Commission (SERC) under Title III. The SERC may consist of existing emergency response organizations or may be an entirely new mechanism to address this…

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  • Pesticide applicator quantity applied to threshold or transportation exemption

    A farmer contracts with an applicator to spray pesticides on his fields. The applicator drives a tank truck onto the farmers' field and sprays the pesticide from the truck onto the fields. For purposes of Section 302 emergency planning requirements, are the EHSs in the truck considered present at the…

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  • State refusing to comply with the emergency planning provisions

    What will happen if a State refuses to comply with the emergency planning provisions? A governor who does not designate a State emergency response commission becomes the commission by default. While the governor could choose not to fulfill any of the Title III provisions, the public could still request information…

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  • Section 302 notification requirements and mixtures with unknown components

    Are facilities exempt from Section 302 notification requirements if they produce, use, or store mixtures whose extremely hazardous substance component information is not available on the MSDS provided by the manufacturer? If the facility which produces, uses, or stores mixtures knows or reasonably should know the components of the mixture…

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  • What is a farm for purposes of the SPCC Rule?

    In the December 2006 amendments to the SPCC Rule, EPA defined a farm as "a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products…

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  • Examples of an agent of a Professional Engineer

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) or an agent of the PE must visit and examine the facility before the PE certifies an SPCC Plan (40 CFR §112.3(d)). What are some examples of an agent of a PE? An agent of a…

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  • What is considered bulk oil storage capacity?

    The revised rule recognizes that oil is sometimes stored in bulk and sometimes used operationally. A bulk storage container is any container storing oil at a facility. Bulk oil storage containers may include, but are not limited to tanks, containers, drums, and mobile or portable totes. Operational use includes oil-filled…

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  • Can a gallon of ethanol generate more than 1.0 RIN in RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The number of RINs that can be generated for each gallon of renewable fuel are determined by the Equivalence Values. See 80.1415 and 80.1426(f)(2)-(6). Equivalence Values are based on energy content in the renewable fuel in comparison to…

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  • If I produce biodiesel using waste vegetable oil, can I generate more RINs per gallon than if I use virgin soy oil? Would the use of solar panels as a heat source for our process help with our RIN number per gallon?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The number of RINs that can be generated for each gallon of renewable fuel is determined by the Equivalence Values. See regulations at 80.1415(b) and 8.1426(f)(2)(i), for example. Equivalence Values are based on energy content in the renewable…

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  • Mobile fuel tanker as a facility

    Is a non-transportation related mobile fuel tanker with more than 55 gallons located near a 55 gallon drum storage area considered a facility? Perhaps. "Facility" is defined in Part 112 to mean "any mobile or fixed, onshore or offshore building, structure, installation, equipment, pipe, or pipeline (other than a vessel…

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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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  • 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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  • What is a field-constructed container?

    What are the types of containers or equipment containing oil reservoirs that would be considered field-constructed containers and thus subject to the brittle fracture evaluation of 40 CFR §112.7(i)? As found in the Preamble language provided on page 47112 of the July 17, 2002 SPCC final rule, EPA provides a…

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  • What is oil-filled operational equipment?

    Oil-filled operational equipment is equipment that includes an oil storage container (or multiple containers and associated piping intrinsic to the operation of the equipment) in which the oil is present solely to support the function of the apparatus or the device. It is not considered a bulk storage container, and…

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