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  • What’s the difference between air sampling and air monitoring?

    Air monitoring and air sampling are two different methods of looking at air quality. Air monitoring uses electronic devices to provide real-time readings of contaminants in the air. Air sampling involves trapping air over a period of time in a container that is then sent to a laboratory for analysis…

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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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  • What is EPA’s role in sampling?

    EPA is part of the Unified Command consisting of different agencies to review, approve and direct Norfolk Southern’s workplans and site activities. Surface water sampling is performed by Norfolk Southern contractors, with EPA and Ohio EPA oversight. Soil sampling is performed both by Norfolk Southern contractors and EPA contractors. Air…

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  • What is the plume map and what does it tell us?

    The plume map is an “event reconstruction” based on known weather and on-site observations during a 10-hour time period after the vent-and-burn operation that occurred on Monday, February 6. It tells us where soot likely fell to the ground and where the highest concentrations of particles may be. This information…

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  • A home sustained flooding as a result of a hurricane. Once the flood water recedes, my firm must make the necessary renovations. How do the record keeping requirements apply to an emergency renovation? 

    Emergency renovations (other than interim controls performed in response to a child with an elevated blood lead level) are exempt from the training, certification, sign posting, waste handling and containment requirements of the Lead Renovation, Repair and Painting (RRP) Rule only to the extent necessary to respond to the emergency…

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  • What is split sampling?

    Split sampling is a technique where multiple samples are collected from the same location at the same time and then sent to separate laboratories for analysis. Checking to see if the labs get the same or similar results is a way to determine the accuracy of the data. If there…

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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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  • What work happens after contamination under and between the train tracks is removed?

    After track work is complete, additional cleanup and assessments will continue. This includes shipping solid and liquid wastes off-site, excavating in areas where rail cars were staged and scrapped, and sampling and monitoring groundwater, soil, surface water, and sediment.

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  • Columbiana County Health District has sampled my private well, will it be sampled again?

    Residents will be contacted if they are within the priority zones and have signed up for private well sampling. Within 60 days after the first sample, private wells are resampled, and residents will be contacted to schedule resampling. Residents within one of the four priority zones can also schedule a…

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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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  • Does the RRP rule apply to contractors working on homes damaged by a hurricane or other natural disaster?

    Damage from a major storm or other natural disaster could result in the need for emergency renovations. Certain requirements of the RRP Rule do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to…

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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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