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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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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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Is my home unsafe if it contains lead-based paint?
Answer: Approximately three-quarters of the nation’s housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If allowed to deteriorate, lead from paint can threaten the health of occupants, especially children under six years old. If families and building owners are aware…
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Can the inspection/risk assessment period for testing a house for lead be waived?
Answer: Yes. The inspection or risk assessment period can be lengthened, shortened, or waived by mutual written consent between the purchaser and the seller. Question Number: 23002-33224 Find a printable PDF copy of all frequent questions pertaining to lead .
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As a seller and lessor, what if I'm selling target housing?
Answer: Property owners who sell target housing must: Disclose all known lead-based paint and lead-based paint hazards in the housing and any available reports on lead in the housing; Give buyers the EPA pamphlet "Protect Your Family from Lead in Your Home"; Include certain warning language in the contract as…
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What if the lessor knows that there is no lead-based paint in my rental housing?
Answer: If your rental housing has been found to be free of lead-based paint by a certified inspector, the Real Estate Notification and Disclosure Rule does not apply. Question Number: 23002-33220 Find a printable PDF copy of all frequent questions pertaining to lead .
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What if the buyers/renters don't speak English?
Answer: In cases where the buyer or renter signed a purchase or lease agreement in a language other than English, the rule requires that the disclosure language be provided in the alternate language. " Protect Your Family From Lead In Your Home " in English. Protect Your Family From Lead…
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Will regulated entities have to perform retroactive requirements based off of the November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416)?
Answer: No. The November 12, 2024 final rule entitled “Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels” (89 FR 89416) does not impose retroactive requirements to regulated entities that have previously complied with the Disclosure Rule. In accordance with 40 CFR 745.107, a seller or lessor generally…
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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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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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