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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 do the changes in the 2006 Amendments apply to mobile refuelers?

    Mobile refuelers are now exempt from the following sized secondary containment provisions that still apply to all other bulk storage containers and mobile/portable bulk storage containers: • Sections 112.8(c)(2) and (11) for petroleum oils • Sections 112.12(c)(2) and (11) for animal fats and vegetable oils These provisions previously required sized…

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  • Will an Ozone Generator protect me and my family from COVID-19?

    No, do not use ozone generators in occupied spaces. When used at concentrations that do not exceed public health standards, ozone applied to indoor air does not effectively remove viruses, bacteria, mold, or other biological pollutants. Visit the Centers for Disease Control and Prevention's website for best practices to protect…

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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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  • Can air cleaning devices that use bipolar ionization, including portable air cleaners and in-duct air cleaners used in HVAC systems, protect me from COVID-19?

    Bipolar ionization (also called needlepoint bipolar ionization) is a technology that can be used in HVAC systems or portable air cleaners to generate positively and negatively charged particles. Provided manufacturers have data to demonstrate efficacy, manufacturers of these types of devices may market this technology to help remove viruses, including…

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  • Will running an evaporative cooler (sometimes known as a "swamp cooler") or whole-house fan help protect me and my family from COVID-19?

    Both evaporative coolers (or "swamp coolers") and whole-house fans can help protect people indoors from airborne transmission of COVID-19 because they increase ventilation with outside air to cool indoor spaces. Evaporative coolers are used in dry climates. They use water to provide cooling and increase relative humidity indoors. When operating…

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  • Where can professionals who manage school, office, and commercial buildings get information on ventilation and filtration to respond to COVID-19?

    Professionals who operate school, office, and commercial buildings should consult the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) guidance for information on ventilation and filtration to help reduce risks from the virus that causes COVID-19. In general, increasing ventilation and filtration is usually appropriate; however, due to the…

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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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  • SPCC Rule schedules for inspections, tests, and evaluations

    The SPCC rule requires inspections, tests, and evaluations of above ground containers (40 CFR §112.8(c)(6)). Does the rule set schedules for how often these need to be conducted? The SPCC Rule does not prescribe a specific frequency or methodology for performing the required inspections, evaluations, and tests for aboveground containers…

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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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  • Will an air cleaner or air purifier help protect me and my family from COVID-19 in my home?

    When used properly, air purifiers can help reduce airborne contaminants including viruses in a home or confined space. However, by itself, a portable air cleaner is not enough to protect people from COVID-19. When used along with other best practices recommended by the Centers for Disease Control and Prevention, operating…

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  • How can I increase ventilation at home to help protect my family from COVID-19?

    Ensuring proper ventilation with outside air is a standard best practice for improving indoor air quality. However, by itself, increasing ventilation is not enough to protect people from COVID-19. When used along with other best practices recommended by the Centers for Disease Control and Prevention, increasing ventilation can be part…

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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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