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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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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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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…
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What is meant by "molten" and "in solution" when describing extremely hazardous substances?
To assist state and local officials in the development of emergency response plans, the Emergency Planning and Community Right-to-Know Act (EPCRA) requires the owner or operator of each facility at which an extremely hazardous substance (EHS) is present in an amount equal to or exceeding its threshold planning quantity (TPQ)…
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Designating a facility subject to emergency planning requirements
A natural gas distribution facility consists of a series of pipelines and breakout storage tanks. The substances stored at the facility are exempt from all applicable provisions of EPCRA (except Section 304) under the transportation exemption at Section 327. Can such a facility be designated (under the authority of Section…
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Call Center Support for EPCRA Regulations
If I have additional questions regarding the EPCRA regulations, who can I contact via telephone for further assistance? You may contact the EPCRA, RMP & Oil Information Center, a publicly accessible service that provides up-to-date information on the regulatory requirements of EPCRA, including the emergency planning, emergency release notification, and…
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What is the purpose of the Renovation, Repair, and Painting (RRP) Rule?
The purpose of the Renovation, Repair and Painting (RRP) Rule is to minimize exposure from lead-based paint dust during renovation, repair, or painting activities. This is a key effort in reducing the prevalence of childhood lead poisoning, particularly lead poisoning caused by housing contaminated by renovation activities. This will also…
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I have hired a firm to renovate my home, but now I am concerned about whether the firm is a lead-safe certified firm. How can I find out?
Answer: EPA has a searchable database to help you locate lead-safe certified firms near you at: https://cdxapps.epa.gov/ocspp-oppt-lead/firm-location-search . It is possible that your firm is not yet listed on EPA's web site, but is certified. If you do not find your firm on EPA's web site, you should call EPA's…
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Does the Renovation, Repair, and Painting (RRP) Rule apply to states and local governments?
Answer: The RRP Rule requires that renovators are trained in the use of lead safe work practices, that renovators and firms be certified, that providers of renovation training be accredited, and that renovators follow specific work practice standards. After April 22, 2010 contractors (including renovation, repair and painting workers, plumbers…
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I am a firm and there are no training providers offering classes near me. What do I do?
Answer: More than 340 EPA-accredited training providers have indicated to EPA that they are willing to travel to offer training classes. You can find a list of training providers, including those who are willing to travel, by using EPA's search tool at https://cdxapps.epa.gov/ocspp-oppt-lead/training-search . Question Number: 23002-17981 Find a printable…
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I operate a renovation firm and I have heard that my state will adopt its own lead Renovation, Repair and Painting program. Do I have to also be certified by EPA?
Answer: If you work in a state authorized by EPA to run their own renovation program, you should contact them for information on their certification requirements. If you work in a state where EPA administers the renovation program your firm needs to be certified by EPA. Please refer to the…
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Finding Your LEPC
How can individuals find their LEPC? Under the Emergency Planning and Community Right-to-Know Act (EPCRA), Local Emergency Planning Committees (LEPCs) must develop an emergency response plan, review the plan at least annually, and provide information about chemicals in the community to citizens. Contact information for LEPCs is available by contacting…
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EPCRA implementation on Tribal Lands
In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their…
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