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Displaying 1 - 15 of 45 results
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CFAT Impacts on EPCRA and RMP
The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…
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EPCRA Reporting Mechanisms for Protecting Sensitive Business Information
Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…
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What is the Tier 2 Vehicle & Gasoline Sulfur Program?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The Tier 2 Vehicle and Gasoline Sulfur Program is a landmark program, begun in January 2004, that affects every new passenger vehicle and every gallon of gasoline sold in the U.S. By designing cleaner cars that run on…
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Are landfills covered under Title III of SARA since they are covered by RCRA?
Yes, landfills are subject to certain Title III requirements. Subtitle A of Title III is intended to identify facilities which present a potential hazard for a chemical emergency and to provide a process for local emergency planning committees to engage with such facilities in determining the significance of the release…
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Are mobile boosters eligible for the transportation exemption?
An oil company owns many wells on an oil field. Each well is on its own plot of land. These plots are not adjacent or contiguous and, therefore, each well is its own facility. When operating these wells, it is sometimes necessary to inject air or gas into the well…
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Can a refiner or importer use gasoline sulfur test methods other than ASTM D 2622-98, especially for sulfur levels of 10 ppm and less?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The rule designates ASTM D 2622 as the benchmark test method by which compliance will be determined, and that is the test that the Agency typically will use in establishing compliance. However, the rule does permit alternative test…
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There is significant difference between "refiner" and "refinery". Portions of the regulations use "refiner" where "refinery" is the appropriate term. While it may be clear from the context that "refinery" is meant, text should be changed to avoid any poss
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . We agree with the comment and intend to make these clarifications in a future rulemaking. These clarifications would not affect the regulatory requirements in the current final rule.
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Pipeline tanks and the transportation exemption in Title III
An oil corporation's pipeline facility contains three kinds of tanks. One type is a breakout tank used to receive and store hazardous liquids transported by a pipeline for reinjection and continued transportation by the corporation's pipeline. Another type is used to receive and store hazardous liquid for delivery to pipelines…
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Chemicals in facility pipelines and the EPCRA transportation exemption
Section 327 of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from any Title III reporting requirement (other than the §304 notification obligation) substances or chemicals in transportation and/or being stored incident to transportation. In a final rule promulgated April 22, 1987 ( 52 FR 13378 ), the Agency…
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Can members of SERCs and LEPCs be sued?
What are the liabilities of members of a state emergency response commission and a local emergency planning committee, if an incident is not handled properly despite following procedures developed and reviewed by those commission and committee members? Can the individual members be sued and held liable? The general rule is…
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Civil action attorney and court fees, awarding of fines
A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…
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What changes did EPA finalize to the SPCC Rule in December 2006?
The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…
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SPCC change in ownership
If there is a change in ownership at a facility, can the facility operate under the same SPCC Plan without the certification from a professional engineer (PE)? If no change in procedures has been made, it may still be feasible to operate under the existing SPCC Plan. The information in…
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Must a refinery that produces both California gasoline and federal RFG designate each batch produced as either federal RFG or California gasoline, and maintain segregation of both products, even though the gasoline meets the requirements of both programs?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.375(c) requires that each batch of California gasoline be designated as such by the refiner or importer, and that California gasoline be segregated from gasoline that is not California gasoline at all points in the distribution system…
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Truckers may obtain both premium gasoline and regular gasoline from a terminal in order to supply a retail outlet with midgrade gasoline. In such cases, if a truck obtains a load of gasoline from a terminal that consists of a mixture of gasoline from a te
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The regulation specifically exempts gasoline in trucks from the testing requirement for S-RGAS, and instead allows truckers to rely on the test result of the terminal supplying the truck carrier. See § 80.210(d)(4). Where a tanker truck receives…
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