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Displaying 1 - 15 of 43 results

• 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…

  • Last published: April 9, 2024

• 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…

  • Last published: April 9, 2024

• 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…

  • Last published: July 15, 2024

• If a certified renovator is an employee of the certified firm, can the firm maintain all required records (those required of the firm and of the certified renovator); understanding that the certified renovator must also keep a copy of his certification as well as employee training records/documentation on the jobsite?

  Answer: The renovation firm is the entity responsible for retaining and making available to EPA all records necessary to demonstrate compliance with the RRP Rule for a period of three years following completion of the renovation. The certified renovator is responsible for preparing the records demonstrating that the renovation was…

  • Last published: November 19, 2024

• 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…

  • Last published: April 12, 2024

• 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…

  • Last published: May 8, 2024

• 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…

  • Last published: July 12, 2024

• 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.

  • Last published: July 15, 2024

• 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…

  • Last published: August 28, 2024

• Under the RRP Rule, can the required records and documentation be stored electronically rather than as paper copies?

  Answer: Yes. The renovation firm is responsible for retaining and making available to EPA all records necessary to demonstrate compliance with the Lead Renovation, Repair, and Painting (RRP) Rule for a period of three years following completion of the renovation. The RRP Rule does not specify the format in which…

  • Last published: November 19, 2024

• 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…

  • Last published: May 8, 2024

• 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…

  • Last published: May 8, 2024

• 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…

  • Last published: May 8, 2024

• 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…

  • Last published: July 12, 2024

• 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…

  • Last published: July 12, 2024