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Displaying 151 - 165 of 302 results

  • 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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  • CO2 in beverages and EPCRA 311 / 312 reporting

    Is CO 2 added to beverages covered under Section 311(e)(1) exemption? Section 311(e)(1) exempts any food, food additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). EPA considers a substance to be regulated by the FDA as long as the substance is used in a manner which…

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  • Release information included in the written follow-up report

    Should the location and cause of an incident be included in the written follow-up report? To be consistent with CERCLA, EPA believes that the location of the releases is always essential for both emergency response and follow-up actions and should be identified in any release notification under Section 304. The…

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  • Gasoline and diesel fuel UST compliance determination

    Are State or Tribal Emergency Response Commissions (SERCs or TERCs), Local or Tribal Emergency Planning Committees (LEPCs or TEPCs), or fire departments required to determine if facilities are in compliance with underground storage tank (UST) requirements? No. SERCs/TERCs, LEPCs/TEPCs, and fire departments are not required to make the determination themselves…

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  • Generic 311/312 reporting for oil fields or wells

    A petroleum company owns many oil wells on a large oil field. Each well is on its own plot of land. These plots of land are not adjacent or contiguous and the oil field itself spans many local planning districts. For purposes of Sections 311/312 reporting, is each oil well…

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  • Oxygen used at a hospital by technically qualified individuals

    A hospital stores oxygen in a large outside bulk storage tank and delivers the material, as needed, throughout the hospital using a piping system (the oxygen is used only in the treatment of patients). The bulk storage tank is routinely maintained by hospital maintenance people but the oxygen itself is…

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  • Filing state trade secret provisions

    A chemical company in Louisiana filed their Section 311/312 reports by hazardous components. The Louisiana State Right-to-Know laws require companies to report on all unique substances present at the facility. For example, if chemical A and chemical B are blended to make mixture C, than the facility would have to…

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  • Ammonia sales at farm supply companies

    A farm supply company sells ammonia as a fertilizer to farmers. Is the ammonia, when held by the farm supplier, exempt from EPCRA Sections 311 and 312 reporting? EPCRA Section 311(e)(5) exempts "any substance to the extent it is used in routine agricultural operations or is a fertilizer held for…

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  • Public access for MSDSs

    Where should citizens go to request MSDSs on chemicals in a facility within their community? Each submitted MSDS or list along with the community emergency response plan, and inventory form are to be made available to the public at a designated location during normal working hours. Each local emergency planning…

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  • Can retail gas stations use new thresholds if USTs are not in compliance?

    How does temporary non-compliance with UST requirements affect applicability of the higher gasoline and diesel fuel thresholds for EPCRA? Retail gas stations that were not in compliance with all applicable UST requirements at any time during a calendar year may not apply the higher gasoline and diesel fuel thresholds for…

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  • Does the research laboratory exemption under Section 304 apply to Section 302?

    Since certain chemicals at research laboratories are exempt from the definition of "hazardous chemicals" and thus possibly exempt from release notification requirements under Section 304, can this exclusion be extended to Section 302 planning requirements? EPCRA defines "hazardous chemical" under Section 311 by reference to OSHA regulations. Under Section 311(e)…

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  • Are hazardous chemicals blended for fertilizer exempted under agricultural use exemption?

    Ammonia and phosphoric acid are held for sale by a retailer in large storage tanks. The retailer sells both ammonia and phosphoric acid to farmers to be used as fertilizers. The retailer also blends ammonia with phosphoric acid to produce a new compound which, in turn, is also sold to…

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  • Can state and local laws supersede EPCRA?

    Can existing state and local laws that provide substantially similar emergency planning supersede the specific provisions of the federal law? Title III (Section 321) generally provides that nothing in Title III shall preempt or affect any state or local law. However, material safety data sheets, if required under a state…

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  • Primary purpose of Section 302 notification requirements

    What is the primary purpose of Section 302 notification requirements? Notifications indicating that a facility has one or more extremely hazardous substances in excess of the threshold planning quantity help to identify locations within the State where emergency planning activities can be initially focused. While the substances on the list…

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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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