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What is a farm for purposes of the SPCC Rule?
In the December 2006 amendments to the SPCC Rule, EPA defined a farm as "a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products…
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Examples of an agent of a Professional Engineer
Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) or an agent of the PE must visit and examine the facility before the PE certifies an SPCC Plan (40 CFR §112.3(d)). What are some examples of an agent of a PE? An agent of a…
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What is considered bulk oil storage capacity?
The revised rule recognizes that oil is sometimes stored in bulk and sometimes used operationally. A bulk storage container is any container storing oil at a facility. Bulk oil storage containers may include, but are not limited to tanks, containers, drums, and mobile or portable totes. Operational use includes oil-filled…
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Mobile fuel tanker as a facility
Is a non-transportation related mobile fuel tanker with more than 55 gallons located near a 55 gallon drum storage area considered a facility? Perhaps. "Facility" is defined in Part 112 to mean "any mobile or fixed, onshore or offshore building, structure, installation, equipment, pipe, or pipeline (other than a vessel…
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Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?
The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…
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What is the Confidentiality Order?
The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…
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How does EPA ensure that the potentially responsible parties complete their work?
All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.
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Where can I get more information or copies of the lead-based paint abatement application forms and instructions?
Answer: Information regarding certification under EPA’s lead-based paint abatement program is available at https://www.epa.gov/lead/lead-based-paint-abatement-and-evaluation-program-overview . Question Number: 23002-32438 Find a printable PDF copy of all frequent questions pertaining to lead .
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When must I take refresher training?
You must take refresher training before you apply for recertification to EPA. You should begin looking for available courses well before your current certification expires, because refresher courses may not be available in your area on a frequent basis. However, EPA recommends that you take your refresher training no earlier…
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When do persons applying for certification as inspectors, risk assessors, or supervisors apply to EPA, before or after taking the 3rd party exam?
Answer: Persons applying for certification as inspectors, risk assessors, and/or supervisors must apply to EPA before taking the 3rd party certification exam. For more information about applying for certification as a lead-based paint abatement professional please refer to EPA’s Lead-based Paint Professionals page . Question Number: 23002-33448 Find a printable…
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When individuals apply for certification in the Federal program under 40 C.F.R. 745.226(a)(1)(i), how long will the certification last?
Answer : For individuals who have taken courses which included a course test and a hands-on skills assessment, the full certification period for individuals applying under 745.226(a)(1)(i) will run for three years from the date of issuance of certification by EPA. For individuals who have taken courses which included a…
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The definition of “soil sample” at 40 CFR §745.63 relies on certain American Society of Testing Materials (ASTM) standards. Did EPA intend to prevent the use of EPA and HUD standards for soil samples?
Answer: No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples…
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What is a field-constructed container?
What are the types of containers or equipment containing oil reservoirs that would be considered field-constructed containers and thus subject to the brittle fracture evaluation of 40 CFR §112.7(i)? As found in the Preamble language provided on page 47112 of the July 17, 2002 SPCC final rule, EPA provides a…
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What is oil-filled operational equipment?
Oil-filled operational equipment is equipment that includes an oil storage container (or multiple containers and associated piping intrinsic to the operation of the equipment) in which the oil is present solely to support the function of the apparatus or the device. It is not considered a bulk storage container, and…
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Why is the Confidentiality Order important?
The Confidentiality Order (Order) has been, and continues to be, effective in assisting the parties in reaching settlements under the framework established by the Court in US v. ARCO and still pending in court – six consent decrees to date have been entered since the Order was issued. There are…
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