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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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  • May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel. A comparable provision appear in the RFS1 regulations, at…

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  • Will applicants be evaluated on whether or not they leverage funds?

    Cost share and leveraging of non-federal funds is not a requirement of this Funding Opportunity, but if leveraging is proposed, applicants will be evaluated based on how they will obtain the leveraged resources, the likelihood the leveraging will materialize during grant performance (e.g., if they have letters of commitment), the…

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  • Is it possible to distribute the majority of project funding in Year 2 and 3?

    Yes. Applicants should commit to being able to issue its first Project RFA within one year of being selected as Principal Recipient (page 9 of the RFA), however this is not a threshold eligibility requirement. There are no specific requirements as to the timing of issuing Project RFAs and funding…

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  • Will there be a non-federal cost share or match required of grants made by the principal recipient?

    No, non-federal cost share is not required. If an applicant proposes voluntary cost share, they should carefully review section III.B on page 21, description of Supporting Materials in section IV.D on page 27, and section V.B.

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  • How will the budget for year six be treated in case of a continuation of sampling past 2029?

    Sampling past 2029 will not be covered under this assistance agreement.

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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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  • Can states designate liquified petroleum gas facilities under Section 302

    Does the statute allow the state to designate facilities which produce, use, or store certain quantities of liquified petroleum gas as emergency planning facilities? EPA considers the designation of additional facilities to be accomplished through naming individual sites or companies, or by designation of certain classes of facilities as newly…

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  • May I generate RINs for renewable fuel that I produced and sold for non-motor vehicle use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. RINs that were previously generated in 2009 and 2010 may be reinstated if they were retired for non-motor vehicle use. However, RINs may not be generated for renewable fuel produced in the past in order to retire…

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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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