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  • Must an R&D facility submit a MSDS for an exempt chemical upon public request?

    Upon request by the public, must a Research and Development facility submit a MSDS for a chemical if the chemical is exempt from reporting under Section 311 but not exempt from the OSHA requirement of having available a MSDS? No. Under Section 311, a Research and Development facility would not…

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  • EPCRA implementation on Tribal Lands

    In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their…

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  • How does a facility report batteries for Tier II?

    A facility has few lead-acid batteries (non-consumer type) on site. How does the facility report these batteries on the Tier II form? The facility must first determine if there are any hazardous chemicals or extremely hazardous substances (EHSs) in the batteries. Most batteries contain sulfuric acid, an EHS, and then…

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  • How is confidential business information on the Tier II protected?

    When submitting a Tier II form under EPCRA Section 312, a covered facility can claim the required location information confidential. How is this confidential information protected? Are there any penalties under EPCRA if a State or local official, who receives this information, fails to protect its confidentiality? While the location…

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  • Is a Dun & Bradstreet number required for EPCRA Tier II?

    Pursuant to EPCRA Section 312, facilities must submit Tier II inventory information by March 1st every year. Is the Dun & Bradstreet number a required data element for Tier II inventory reporting? The Dun & Bradstreet number (also referred to as a D&B number or D-U-N-S number) is a required…

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  • Inspections of facilities with chemicals present below TPQ

    Section 312(f) of the Emergency Planning and Community Right-to-Know Act (EPCRA) states that "upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the…

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  • Release notification for release at a Federal facility

    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 Federal facility? Yes. Under CERCLA section 120, all requirements of CERCLA apply to the Federal government in the same manner…

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  • Should location and the cause of incident be included in the the written follow-up?

    Regarding the written follow-up report to an incident, should location of the incident and the cause of the incident be included? The April 22,1987 Federal Register ( 52 FR 13387 ) states that the location of the incident should definitely be included in both the initial and written follow-up reports…

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  • What emergency release information must be reported to a telephone operator?

    An owner or operator of a facility from which there is a release of a substance during transportation or storage incident to transportation may meet the emergency release notification requirement by providing the information specified in 40 CFR §355.42(b) to the 911 emergency operator, or in the absence of a…

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  • Completing Tier II Forms When Information Has Not Changed

    Pursuant to 40 CFR 370.42(c) and (r) , an owner or operator submitting federal Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II inventory information must indicate if the facility or chemical information is identical to that submitted last year. If the facility or chemical information is the same as…

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  • Release Reporting Requirements for Hazardous Substances in Mixtures

    How can a facility determine if they must report a release of a mixture containing hazardous substances under CERCLA section 103? If the quantity of all of the hazardous constituents of the mixture or solution is known, a person in charge of a vessel or facility must report a release…

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  • Tier II Negative Reporting

    Facilities subject to EPCRA Section 312 ( 40 CFR 370 ) must submit a Tier II inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Are facilities that are not subject to the Tier II reporting requirements (e.g., all hazardous…

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  • Federal Facilities Complying with EPCRA 302, 304, 311, 312

    Executive Order 13693 was the most recent, and current order that required federal facilities to comply with all aspects of the Emergency Planning and Community Right-to-Know Act. On May 17, 2018, the President issued E.O. 13834 , “Executive Order Regarding Efficient Federal Operations”, which, in part, revoked E.O. 13693. Are…

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  • Substantiation Form Requirements for Tier II Trade Secret Reporting

    To file a claim of trade secrecy for the identity of a chemical under 40 CFR Part 350 , a covered facility is required to submit a substantiation form to justify the claim of trade secrecy and the Tier II report for that chemical to EPA. In a given reporting…

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  • Required information for CERCLA and EPCRA telephone notifications

    Do the CERCLA and EPCRA telephone notifications include the same basic information, such as whether the incident is still ongoing, abatement actions by whatever entities, cause of the accident, injuries caused by the incident if known, amount spilled, etc.? The Agency does not believe that the notification specified in Section…

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