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  • Maximum Occupancy Rating for Tier II Reporting

    Tier II chemical inventory information requires as estimate of the maximum number of occupants present at any one time at the facility ( 40 CFR 370.42(f) ). If a facility is given a maximum occupancy rating by a local official, should that rating be used when completing the Tier II…

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  • Entering Alternative Storage Types and Pressure and Temperature Conditions on Tier II Form

    EPA provides a list of storage types and conditions for pressure and temperature in the instructions for the paper Tier II form and as dropdown menus in Tier2 Submit. Are facilities required to use the storage types and conditions that EPA provides, or can facilities provide different values? Facilities are…

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  • Attaching Site Plan Using Tier2 Submit

    Tier2 Submit does allow a user to attach and submit a site plan with the Tier II inventory information. However, before using Tier2 Submit to submit a site plan, the facility should check with the relevant State or Tribal Emergency Response Commission ( SERC or TERC ) and/or their state…

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  • Are petroleum products exempt from 311 and 312?

    Are petroleum products exempt from the reporting requirements of Sections 311 and 312? Petroleum products are not specifically exempted from Sections 311 and 312 reporting. However, some products could fall under the exemptions listed in Section 311(e).

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  • EHSs and the EPCRA emergency planning requirements

    What is purpose of the list of extremely hazardous substances in regards to the emergency planning requirements of EPCRA? The extremely hazardous substances list and its threshold planning quantities are intended to help communities focus on the substances and facilities of most immediate concern for emergency planning and response. However…

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  • Does hydrogen sulfide present in the ground count towards the TPQ and RQ?

    A petroleum company is drilling for oil contained in the ground below their facility. Would the hydrogen sulfide present in the ground be counted toward the threshold planning quantity (TPQ) for this extremely hazardous substance (EHS) under Section 302? Also, if there is a reportable release of this EHS above…

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  • Calculating vulnerability zone distances for EHSs in solutions

    When calculating vulnerability zone distances, how would the quantity released (QR) be handled for an extremely hazardous substance (EHS) in solution? If the EHS is in solution, a facility can make a rough estimate of the QR using equation (1) on page G-2 of the "Technical Guidance for Hazards Analysis."…

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  • What is meant by "molten" and "in solution" when describing extremely hazardous substances?

    To assist state and local officials in the development of emergency response plans, the Emergency Planning and Community Right-to-Know Act (EPCRA) requires the owner or operator of each facility at which an extremely hazardous substance (EHS) is present in an amount equal to or exceeding its threshold planning quantity (TPQ)…

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  • Releases from a facility onto a public roadway that runs through the facility

    The EPCRA emergency notification regulations require facility owners and operators to immediately report releases into the environment of extremely hazardous substances or CERCLA hazardous substances if the releases exceed specific reportable quantities ( 40 CFR §355.42 ). The notification must be provided to the appropriate State Emergency Response Commission and…

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  • Agricultural exemption and turf grown at nursery

    Sections 311 and 312 require facility owners or operators to submit Material Safety Data Sheets (MSDS) and annual inventory reports (Tier I/Tier II Forms) for any hazardous chemical subject to OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ) when present at a facility above threshold amounts ( 40…

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  • Reporting hazardous substance mixtures

    How are mixtures of hazardous substances (other than radionuclides) reported? EPA issued the "mixture rule" ( 40 CFR section 302.6(b) ), developed in connection with CWA section 311 regulations, as a method for determining when to report releases of mixtures or solutions. Under the mixture rule, if the quantities (or…

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  • Are pipelines subject to 311 and 312?

    Pipelines and similar transport systems are covered under the OSHA Hazard Communication Standard (HCS) (August 24, 1987). Must the "storage" of materials in these facilities be reported under Sections 311 and 312? Materials in pipelines are included in the general exemption for substances in transportation from all requirements under Title…

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  • Are mining facilities required to notify under Sections 311 and 312?

    Mining facilities regulated by the Mining Safety and Health Administration, (MSHA) are not subject to OSHA's Hazard Communication Standard (HCS) and, therefore, are not subject to the Sections 311 and 312 requirements. However, it should be noted that because MSHA covers only actual mining activities, all other operations, such as…

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  • Is creosote-treated wood exempt under the consumer product exemption?

    Until recently, OSHA exempted wood and wood products from the Hazard Communication Standard (HCS) program. On February 9, 1994, OSHA amended its HCS to no longer exempt certain wood and wood products ( 59 FR 6126 ). The revised exemption found at 29 CFR 1910.1200(b)(6)(iv) applies only to wood and…

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  • Does MSHA have jurisdiction over inactive mine facilities?

    The owner of a coal mine is maintaining one bulk anhydrous ammonia tank and satellite ammonia tanks because of an agreement with the State pursuant to environmental regulations concerning acid mine drainage. Ammonia is used to treat surface water runoff (raise the pH of the effluent). The mine is no…

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