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  • How should locations be identified on Tier I/II forms?

    Tier I forms provide for listing the general location for all applicable chemicals in each hazard category, including the names and identifications of buildings, tank fields, lots, sheds, or other such areas. Tier II forms provide for reporting buildings, at a minimum, and allow facilities to describe briefly the location…

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  • Under EPCRA, who is responsible for reporting releases and when must the report be made?

    Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made? Under section 304 of EPCRA, the owner or operator of a facility is required to report immediately to the appropriate State Emergency Response Commissions (SERCs) and Local Emergency…

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  • Does the "federally permitted release" exemption apply fully to state permitted releases?

    No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.

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  • Exceeding "continuous release" amounts

    Are releases above the amount qualifying as a "continuous releases" exempt from Section 304 notification requirements? Because "statistically significant increases" from a "continuous release" must be reported as an episodic release under CERCLA Section 103(a), such releases must also be reported under Section 304 of Title III. Any clarifications or…

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  • Who must report in cases of transportation-related releases?

    In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…

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  • How to determine if a facility exceeded the TPQ for an EHS

    How can a facility determine whether it has present an amount of an extremely hazardous substance (EHS) which equals or exceeds the threshold planning quantity (TPQ)? To determine whether the facility has an amount of an extremely hazardous substance which equals or exceeds the TPQ, the owner or operator must…

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  • Are manufacturers of household products exempt from reporting under 311 and 312?

    Is a facility that manufactures household products exempt from reporting under Sections 311 and 312 due to the household products exemption in Title III? Section 311(e) exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or household purposes, or is present…

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  • Exemption for research laboratories and medical facilities under 311 and 312

    Are research laboratories and medical facilities exempt from reporting under Sections 311 and 312? Research laboratories and medical facilities are not exempt from reporting requirements under Sections 311 and 312, rather, Section 311(c)(4) of Title III excludes from the definition of hazardous chemical: "Any substance to the extent it is…

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  • Do facilities that submit lists have to file revised MSDSs?

    If a facility submits a list to comply with Section 311, does the facility have to supply a revised MSDS with significant new information or a new MSDS for substances that become present on-site after the initial reporting deadline and exceed the threshold within three months as required by Section…

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  • Filing trade secrecy claims internationally

    A chemical company has one operation in a foreign country and an identical operation in the U.S. For one chemical, they wish to file a trade secrecy claim under Sections 311 and 312. With regard to public disclosure, all non-government entities in the foreign country are bound by a confidentiality…

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  • TXT2, Regulated Identity, and Customer Numbers for Tier II reporting

    Where can a facility find their TXT2 Number, Regulated Entity Number, and Customer Number that may be needed to complete the EPCRA Section 312 Chemical Inventory Report (i.e., Tier II report)? TXT2 Numbers, Regulated Entity Numbers, and Customer Numbers are not federally designated or tracked. These number are designed by…

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  • Is the Section 311 requirement an annual or a one-time reporting requirement?

    Section 311 is a one-time reporting requirement unless there are any significant changes that affect the information that was already submitted.

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  • State acceptance of Tier2 Submit

    Does my state accept Tier2 Submit? To find out whether or not your state accepts Tier II submissions created by Tier2 Submit, review the information for your state on the State Tier II Reporting Requirements page .

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  • What is the 312 deadline if March 1 falls on a weekend?

    Under EPCRA §312, Tier II information for any calendar year must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department by March 1st of the following year. What if the March 1st reporting deadline falls on a Saturday or Sunday? Tier…

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  • Applicability of EPCRA 311 Exemptions To Extremely Hazardous Substances

    The definition of a hazardous chemical under EPCRA Section 311 outlines exempted chemicals that are therefore not subject to material safety data sheet (MSDS) reporting or Tier II chemical inventory reporting. Do the exemptions from the definition of hazardous chemical also apply to extremely hazardous substances (EHSs)? EHSs are a…

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