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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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Does the Fee Rule for Abatement and RRP Programs apply nationwide?
Answer: The rule applies only in those states and tribes without their own authorized lead programs. Currently, EPA implements the Lead-based Paint Activities program in 11 states and the Lead Renovation, Repair, and Painting Rule in 36 states. Question Number: 23002-33305 Find a printable PDF copy of all frequent questions…
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Who is affected by the Fee Rule for Lead Abatement and Renovation, Repair and Painting (RRP) Programs?
The Fee Rule for Lead Abatement and RRP Programs establishes fees that will be charged for training programs seeking accreditation, for firms engaged in renovations seeking certification and for individuals (for example, risk assessors) or firms engaged in lead-based paint activities that govern lead abatement, inspection and risk assessment activities…
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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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My neighbor is re-siding and re-roofing his house and there is material all over the ground. Do I need to be worried about asbestos exposure?
Not all house siding or roofing materials contain asbestos. If you are concerned the material might contain asbestos, you can ask your neighbor whether or not the material has been tested for asbestos. Federal regulations regarding renovations or demolitions of asbestos-containing materials do not apply to a homeowner’s renovation of…
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How do I know if I have asbestos in my home (in floor tile, ceiling tile, shingles, siding, etc.)?
The only way to be sure whether a material contains asbestos is to have it tested by a qualified laboratory. EPA only recommends testing suspect materials if they are damaged (fraying, crumbling) or if you are planning a renovation that would disturb the suspect material. Samples should be taken by…
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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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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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Where can I get more information on the Fee Rule for Lead Abatement and Lead Renovation, Repair and Painting (RRP) Programs?
Answer: You can find fee rule information at Lead Renovation, Repair and Painting Program Rules . You can also contact the National Lead Information Center at 1-800-424-LEAD . Question Number: 23002-33298 Find a printable PDF copy of all frequent questions pertaining to lead .
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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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Why have the fees for Lead-Based Paint Activities program decreased since they were first implemented in 1999?
Since 1999, EPA has made substantial changes in the way it administers its accreditation and certification program. The transition to the automated federal Lead-based Paint Program (FLPP) database and the associated centralized data processing has resulted in lower overall costs of the Lead-Based Paint Activities program . Question Number: 23002-33300…
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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…
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