Search Frequent Questions

Displaying 1 - 15 of 25 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

• May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel. A comparable provision appear in the RFS1 regulations, at…

  • Last published: July 23, 2024

• While there is no renewable fuel obligation under the RFS2 program for the production or importation of conventional jet fuel, RINs can be generated for renewable jet fuel. Is that right?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . As described in 80.1407, only gasoline and diesel fuels produced or imported into the U.S. are subject to the renewable fuel standards. Thus, only gasoline and diesel fuel volumes produced or imported by an obligated party factor into…

  • Last published: August 2, 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

• May I generate RINs for renewable fuel that I produced and sold for non-motor vehicle use in the past so that I can reinstate those RINs under RFS2?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. RINs that were previously generated in 2009 and 2010 may be reinstated if they were retired for non-motor vehicle use. However, RINs may not be generated for renewable fuel produced in the past in order to retire…

  • Last published: August 2, 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

• 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

• In addition to 2009 RINs, may a party reinstate 2008 and 2010 RINs that were retired for non-road use under RFS1?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1429(g), any 2009 RINs that were retired for non-motor vehicle, heating oil or jet fuel use under RFS1 may be reinstated under RFS2. The regulations do not allow 2008 RINs to be reinstated. Since RFS1 RINs…

  • Last published: August 2, 2024

• How does a retiring party reinstate RFS1 RINs that were retired because renewable fuel was ultimately used for non-motor vehicle, heating oil or jet fuel purposes? What steps are required to be taken and do any codes require changing?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1429(g), parties may reinstate 2009 RINs that were retired under RFS1 because the renewable fuel was ultimately used in a non-motor vehicle application, heating oil or jet fuel. As stated in question 11.1, since RFS1 RINs…

  • Last published: August 6, 2024

• Consolidated List of Chemicals Subject to EPA Programs
  

  EPA implements a number of regulatory programs that use specific chemical lists as part of the process to determine reporting applicability. Is there a consolidated list of chemicals that are subject to EPA programs? The Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA), Comprehensive…

  • Last published: November 25, 2024

• Public access of Title III documents

  Section 324 of EPCRA addressing the public availability of documents, states that the emergency response plan, material safety data sheet or list submission, Tier I/II, Form R and Section 304 written follow-up notice are to be made available to the public by "the State Emergency Response Commission (SERC), or Local…

  • Last published: January 14, 2025