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  • Criteria for oil production facilities to be qualified facilities

    Qualified facilities are eligible for streamlined regulatory requirements in 40 CFR §112.6, which include self-certification of SPCC Plans. What criteria do oil production facilities have to meet in order to be considered qualified facilities? Oil production facilities, like all other facilities, must meet the criteria in §112.3(g)(1) or (2) to…

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  • If EPA finds any contamination associated with the Norwood Landfill site that “exceeds” what is considered safe, will EPA clean up that contamination - even if the Agency cannot find any “pathways” for that contamination to reach humans or sensitive environments?

    If the sampling data shows an exceedance of a screening level, EPA will consult with the site Toxicologist and the Agency for Toxic Substances and Disease Registry (ATSDR) to conduct a human health risk screening assessment to determine any potential threat to human health. EPA will also consult with the…

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  • How do you know you are not missing some areas that might be contaminated?

    EPA uses all credible information available, including community input, regarding the boundaries and geographic areas of waste that may have been deposited or where contaminated soil may have been placed. The team selects its sampling locations based on those areas and consults historic aerial images that help depict those boundaries.

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  • Will EPA sample the Glenolden Laboratory property?

    The former Glenolden Laboratory property located on South Avenue is a separate site. The previous owners conducted a voluntary cleanup pursuant to the Pennsylvania Department of Environmental Protection’s (PADEP) Environmental Cleanup Program, known as Act 2. Concerns regarding remedial actions conducted under Act 2 should be directed to PADEP as…

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  • Release notification for release at Superfund site

    Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Superfund site during cleanup activities? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…

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  • CERCLA Release Notification and the Workplace Exposure Exclusion

    CERCLA section 101(22) excludes from the definition of release any release solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons. Does the workplace exposure exclusion apply for purposes of CERCLA release notification requirements? The workplace exposure exclusion only applies…

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  • CERCLA Release Reporting: Clarification of Facility

    The term facility, as defined in 40 CFR 302.3 , does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification? Yes. Adjacent buildings on a contiguous property where multiple…

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  • Follow-up notification requirements for release occurring in transportation

    Must a notifier submit a follow-up emergency notice after the initial 911 report? Notification of a release during transportation or storage incident to transportation, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.42 to…

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  • Should follow-up release information be sent to the state environmental agency?

    Should the written follow-up information go not only to the local emergency planning committee and the state commission but also to the state environmental agency? Section 304(c) of Title III mandates that written follow-up notification go to the same entities that received the initial oral notification, i.e., the state commission…

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  • "Regulatory Synonym" listings in Table 302.4 of 40 CFR 302.4

    What determines whether a "Regulatory Synonym" is listed for a substance in Table 302.4 of 40 CFR 302.4? In general, no entry is made in the "Regulatory Synonym" column of 40 CFR 302.4 , Table 302.4 for a substance if only one chemical name is used to identify that substance…

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  • CERCLA hazardous substances and relationship to U.S. DOT's Hazardous Materials Regulations

    What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations? CERCLA section 306(a), as amended, requires the DOT to list and regulate as hazardous materials all CERCLA hazardous substances. Thus, all CERCLA hazardous substances are covered by the DOT's Hazardous Materials Regulations…

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  • How are releases during transportation or storage incident to transportation covered under Section 304?

    Section 304 covers all releases of listed hazardous or extremely hazardous substances, including those involved in transportation in excess of the reportable quantity (RQ). Owners or operators of transportation facilities may call 911 or the local telephone operator, in order to satisfy Section 304 notification requirements when a release occurs…

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  • Can the de minimis concept be used with Section 304 release reporting?

    Can the "de minimis" concept used in determining the threshold planning quantities in mixtures be applied in the determination of the reportable quantity for emergency release notification? No. The "de minimis" quantity was set in place for threshold planning quantities simply to make the calculation of the total amount of…

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  • Underground Storage Tanks in SPCC Plans

    If a gas station that has less than 42,000 gallons completely buried oil storage capacity and no aboveground oil storage capacity installs a new aboveground tank with a capacity greater than 1,320 gallons, must the facility’s Spill Prevention, Control, and Countermeasure (SPCC) Plan address the underground storage tanks (USTs) in…

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  • Container capacity less than 55 gallons

    Do facilities need to consider containers that are less than 55 gallons for applicability under 40 CFR Part 112? No. The third column of page 47066 of the July 17, 2002 Preamble states that "You need only count containers of 55 gallons or greater in the calculation of the regulatory…

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