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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 the timeline for posting the responses? Will we receive an email with notification on the answers or shall I monitor the website for the posting?
EPA will respond to the individual email 1 - 2 days after receipt and will post the questions and answers to the RFA website very soon thereafter.
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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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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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What should I do if I am concerned about my family's exposure to lead?
Answer : A blood test is the only way to find out whether you or a family member already has lead poisoning. Call your doctor or local health department to arrange for a blood test. You can protect your family every day by: Regularly cleaning floors, window sills, and other…
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What are some of the health effects of lead in children?
Answer : Lead is especially dangerous to children under six years of age. Lead can affect children's brains and developing nervous systems, causing reduced IQ and learning disabilities, and behavioral problems. Even children who appear healthy can have dangerous levels of lead in their bodies. To learn more about the…
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Would pesticide sprayed on ground count towards §302 threshold?
Section 302 requires owners and operators of facilities that have extremely hazardous substances (EHSs) present above the threshold planning quantity (TPQ) to participate in emergency planning ( 40 CFR §355.20 ). If a facility has a pesticide sprayed on its grounds without first being stored at the facility, must the…
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Calculating EHS quantities within landfills
How are the quantities of the extremely hazardous substances (EHSs) to be calculated in determining if landfills are subject to the section 302 requirements? EPA realizes the practical problems presented for landfills in complying with the Title III requirements. Owners of these facilities must determine, based on reasonably available information…
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Threshold planning quantity for extremely hazardous substances in solid form
Extremely hazardous substances (EHSs) that are in solid form are subject to one of two different threshold planning quantities (TPQs), a lower level or 10,000 pounds ( 40 CFR 355.15 ). Why does the list of EHSs only have one TPQ for certain solids, such as sodium cyanide? If a…
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