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Displaying 1 - 15 of 46 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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How will the volume of corn ethanol produced above the grandfathering threshold be treated?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . For grandfathered facilities, only the baseline volumes are exempt from the 20 percent GHG reduction requirement Thus, RINs may be generated for baseline volumes of fuel regardless of lifecycle greenhouse gas emissions performance. Volumes of fuel produced above…
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Do grandfathered facilities have an additional 6 months to submit their engineering reviews to EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. In the preamble to the final RFS2 regulations at 75 Fed. Regs. 14709 (March 26, 2010), EPA stated that, in an effort to reduce demand on engineering resources in the interim between promulgation of the rule and…
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What is meant by "grandfathered" fuel?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under the RFS2 regulations, renewable fuel produced from facilities that commenced construction before December 19, 2007 and which completed construction within 36 months without an 18 month hiatus in construction and thereby exempt from the minimum 20% GHG…
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How long will the grandfathering provision be effective? Once a grandfathered producer registers and completes their engineering review, will their baseline volume ever need to meet the 20% GHG reduction requirement?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If a facility meets the requirements for exemption from the 20% GHG reduction requirement pursuant to 40 CFR 80.1403(c ) or (d), then the baseline volume of renewable fuel produced by that facility is exempt from the 20%…
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Are renovations performed on detached garages, sheds and other detached outbuildings on the property subject to the RRP Rule?
Yes. EPA interprets target housing to include pre-1978 buildings or structures that are (1) located on the residential portion of the property, and (2) associated with the residential use of the property. As a practical matter, the entire property of most urban and suburban residential lots is normally considered to…
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How do the RRP requirements apply to renovations on a pre-1978 building that contains both multi-room apartments (i.e., target housing) and zero-bedroom dwellings?
In pre-1978 buildings that contain a mix of target housing and zero-bedroom dwellings, the Lead Renovation, Repair, and Painting (RRP) Rule applies only to renovations performed in target housing and common areas. Common areas are those portions of a property generally accessible to residents/users of target housing, and can exist…
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Does zoning affect the target housing determination? For example, would a pre-1978 house that is zoned for commercial or office use, but used for residential purposes be considered target housing?
In determining whether a pre-1978 property is target housing, it is the actual or intended use of the property that matters, not its zoning classification. Therefore, a pre-1978 house that is used or intended to be used as a residence, even if only temporary, is target housing regardless of its…
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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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How does a foreign grandfathered renewable fuel production facility processing a mixture of feedstocks with different D codes or no D codes classify its production into D code categories so RINs can be generated when the product is imported into the U.S.?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If the importer is generating the RINs, the importer must obtain all the required information for registration from the foreign producer of the renewable fuel pursuant to 80.1426(a)(2) and 80.1450. In the case of a foreign producer using…
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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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How would the Lead Renovation, Repair and Painting (RRP) Rule classify a pre-1978 property that is used for both residential and non-residential purposes?
EPA has interpreted target housing to include pre-1978 buildings or structures that are (1) located on the residential portion of the property, and (2) associated with the residential use of the property. In other words, if a portion of residential property is used for nonresidential purposes, the portion will nonetheless…
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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…
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