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Displaying 1 - 15 of 37 results
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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 applicants be evaluated on whether or not they leverage funds?
Cost share and leveraging of non-federal funds is not a requirement of this Funding Opportunity, but if leveraging is proposed, applicants will be evaluated based on how they will obtain the leveraged resources, the likelihood the leveraging will materialize during grant performance (e.g., if they have letters of commitment), the…
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Is it possible to distribute the majority of project funding in Year 2 and 3?
Yes. Applicants should commit to being able to issue its first Project RFA within one year of being selected as Principal Recipient (page 9 of the RFA), however this is not a threshold eligibility requirement. There are no specific requirements as to the timing of issuing Project RFAs and funding…
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Will there be a non-federal cost share or match required of grants made by the principal recipient?
No, non-federal cost share is not required. If an applicant proposes voluntary cost share, they should carefully review section III.B on page 21, description of Supporting Materials in section IV.D on page 27, and section V.B.
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How will the budget for year six be treated in case of a continuation of sampling past 2029?
Sampling past 2029 will not be covered under this assistance agreement.
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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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Can the application also include program admin support for various coalition partners outside of the principal recipient?
Yes. Coalitions are allowable. Applicants should reflect related admin-related costs in the budget narrative. Please see Question 2 under this section for additional information.
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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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This opportunity does not include Focus Area 1, AOC/Toxics. Many AOC may have underserved community populations. Does EPA have guidelines for how to operate in AOCs without causing duplication interference in that program?
The principal recipient may fund subaward projects within AOCs, provided the primary focus of the project meets the eligibility requirements. EPA will work closely with selected principal recipients as part of our substantial involvement to ensure there is adequate coordination with state and federal AOC programs.
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Can EPA give some clarity on the 6-year timeframe and additional potential years of funding as it relates to project timeline(s)? For example, is the timeframe intended to expect multiple years of RFAs released by the prime under the initial application to the EPA, or one RFA with extended time for project completion and reporting?
The design and overall program approach toward the Project RFA should be decided by the applicant. However, all subawards under the Project RFA must be completed and closed out within the 6-year window.
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