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  • What is a site assessment and what is the difference between a site assessment and a site investigation?

    The first step of the site assessment process is known as a preliminary assessment (PA). This assessment gathers historical and other readily available information on site conditions and surroundings to evaluate whether the site poses a potential threat to human health and the environment and/or whether further investigation is needed…

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  • Why hasn’t the Norwood Landfill Site been identified as a Superfund Site? Two nearby landfills, Folcroft and Clearview, which were established and in use at the same time as Norwood Landfill and Dump have both been designated as Superfund sites.

    EPA is still conducting its investigation of the Norwood Landfill Site to determine if it should be placed on the National Priorities List (NPL), or Superfund List. Thus far, the data collected has not demonstrated that the site warrants placement on the NPL. Both the Folcroft and Clearview Landfills went…

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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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  • Why did EPA wait so long to begin its investigation of the Norwood Landfill and Old Norwood Dump?

    In the months leading up to the preliminary assessment, EPA gathered information on the property to determine whether a site investigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was warranted. EPA determined to proceed with an investigation and EPA began procuring contractor services to conduct the preliminary…

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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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  • 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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  • What is EPA doing?

    EPA is working with its governmental partners and other stakeholders to investigate and address the issue. Most recently, EPA issued a letter to the state of Minnesota requesting a plan of action to address nitrate contamination in drinking water.

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  • What is the key question EPA tries to answer through a site investigation?

    Findings of the site investigation determine what hazardous substances may be present, whether they may be released to the environment, and any potential threat to human health. Information about the site that is collected in the preliminary assessment and site investigation phase helps EPA to evaluate the risks posed by…

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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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  • How do I have my drinking water tested in the future?

    Minnesota Department of Health (MDH) recommends you use an accredited laboratory to test your water. Contact an accredited laboratory to get sample containers and instructions or ask your county environmental or public health services if they provide well testing services. Accredited Labs in Minnesota Accepting Drinking Water Samples from Private…

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