Search Frequent Questions

Displaying 61 - 75 of 165 results

• If a renovation is taking place in a home built in 1950, but in an addition that was built in 1980, does the Lead Renovation, Repair and Painting (RRP) Rule apply to the renovation?

  Yes. The RRP Rule applies to a renovation in target housing unless it has been determined that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight…

  • Last published: November 19, 2024

• Older hotels built before 1978 are knocking down walls, combining two hotel rooms, and making their units two-room or even three-room suites. Does the RRP Rule apply when one-room units are converted to two-room suites?

  Yes. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation for purposes of the RRP Rule. Hotel suites that provide a sleeping area that is separate from the living area are covered by the…

  • Last published: November 19, 2024

• What is "housing for persons with disabilities"?

  “Housing for persons with disabilities” means housing that is designed to meet the special needs of persons with disabilities and that is reserved for such persons. A person with a disability may include a person who has a disability attributable to a mental or physical impairment, or a person with…

  • Last published: November 19, 2024

• Applicability of EPCRA 311 and 312 to state and local government facilities

  Are state and local government facilities subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 in states with Occupational Safety and Health Administration (OSHA) approved state plans covering those facilities? The Occupational Safety and Health Act prohibits OSHA from covering state and local government workers…

  • Last published: January 14, 2025

• Does the term "target housing" mean just low income housing, or any home built before 1978 regardless of the financial status of the occupants?

  Answer: “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than six years of age resides or is expected to reside in such housing). The income of the occupants of the…

  • Last published: January 13, 2025

• 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…

  • Last published: January 31, 2025

• Are automobile batteries at a wholesaler exempted from EPCRA 311 and 312?

  A facility sells automobile batteries wholesale. Are these batteries at the wholesaler's facility exempt from reporting under SARA Sections 311/312 due to the household product exemption under SARA section 311(e)(3)? Section 311(e)(3) exempts from the definition of hazardous chemical "(a)ny substance to the extent is used for personal, family, or…

  • Last published: February 26, 2024

• Maximum Occupancy Rating for Tier II Reporting
  

  Tier II chemical inventory information requires as estimate of the maximum number of occupants present at any one time at the facility ( 40 CFR 370.42(f) ). If a facility is given a maximum occupancy rating by a local official, should that rating be used when completing the Tier II…

  • Last published: March 14, 2024

• How will citizens have access to Tier I or Tier II inventory forms?

  Tier I information may be obtained from state emergency response commissions or local emergency planning committees during normal working hours. Any person may request Tier II information with respect to a specific facility by sending a written request to the state emergency response commission or the local emergency planning committee…

  • Last published: March 20, 2024

• Storage location for batteries in forklifts when complying with Tier II reporting

  As part of Tier II Chemical Inventory Reporting, a facility must provide a brief description of the precise location of the hazardous chemical at the facility ( 40 CFR §370.42(i)(8)(i) ). A facility is reporting forklift batteries on their annual Tier II Inventory Form. How should the facility list the…

  • Last published: April 15, 2024

• Definition of hazardous chemical and OSHA's MSDS requirement for determining applicability of EPCRA 311/312

  The requirements of 40 CFR Part 370, promulgated pursuant to EPCRA Sections 311 and 312, apply to facilities that have certain quantities of hazardous chemicals for which they are required, under the Occupational Safety and Health Act (OSHA), to prepare or have available Material Safety Data Sheets (MSDSs). How should…

  • Last published: April 17, 2024

• Federal or state UST requirements for gasoline and diesel thresholds

  Do facilities have to comply with the federal UST requirements or with state UST requirements to be eligible to use the §§311/312 gasoline and diesel fuel thresholds? Facilities must comply with either federal UST requirements ( 40 CFR Part 280 ) or, if applicable, the requirements of the state UST…

  • Last published: April 17, 2024

• Consumer product exemption and products that require licensing

  Pennsylvania restricts the use of a product that is packaged for distribution and use by the general public by requiring users within the State to obtain a license. This product requires a material safety data sheet under OSHA, and thus may be subject to the reporting requirements of EPCRA Sections…

  • Last published: April 17, 2024

• Are polymers in pellet form exempt from the definition of hazardous chemical?

  If polymers are in pellet form and require material safety data sheets, are they exempt from the definition of hazardous chemical under Section 311(e)(2)? Section 311(e)(2) exemption from the definition of hazardous chemical applies to "any substance present as a solid in any manufactured item to the extent exposure to…

  • Last published: April 17, 2024

• Reporting by mixture or components for a mixture with unknown chemicals

  A facility is storing a product mixture on-site. Under OSHA regulations, the facility is required to retain a material safety data sheet (MSDS) for the mixture. According to the MSDS, the mixture contains a zinc compound, but no specific chemical identity or concentration information is provided. OSHA regulations allow chemical…

  • Last published: April 18, 2024