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  • Change of ownership and responsibility for Tier II reporting

    A facility changed ownership during the third quarter of the 1990 calendar year. Which owner/operator is responsible for the submission of Section 312 Tier II form for the calendar year 1990? Both owners and operators have responsibility for reporting under Section 312 of the Emergency Planning and Community Right-to-Know Act…

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  • Follow-up emergency notice requirements in EPCRA 304 for CERCLA hazardous substances

    Must a follow-up emergency notice be given for a release of a CERCLA hazardous substance which is not an extremely hazardous substance and for which a reportable quantity has not been established under Section 102(a) of CERCLA? In lieu of the emergency release notification required under Section 304(b), Section 304(a)(3)(B)…

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  • How does EPA define a "transportation-related release?"

    EPA defines a "transportation-related release" to mean a release during transportation, or storage incident to transportation if the stored substance is moving under active shipping papers and has not reached the ultimate consignee.

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  • Does the CERCLA "petroleum exclusion" apply to EPCRA release notifications?

    Does the CERCLA "petroleum exclusion" apply to release reporting under Section 304 of Title III, since "petroleum including crude oil or any fraction thereof" is exempt from reporting under Section 103 of CERCLA? No. "Petroleum" is exempted generally from CERCLA responsibilities since it is excluded from the definition of a…

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  • Are there Tier II deadline extensions?

    Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires covered facilities to submit a Tier II form to their State or Tribal Emergency Response Commission (SERC or TERC), Local or Tribal Emergency Planning Committee (LEPC or TEPC), and local fire department on March 1st of every year…

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  • What are extremely hazardous substances (EHSs)?

    The Emergency Planning and Community Right-to-Know Act (EPCRA) section 304 release reporting requirements apply to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances and EPCRA extremely hazardous substances (EHSs). What are EHSs? The EHS list was first compiled by EPA, and subsequently incorporated into EPCRA, to identify…

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  • How is an off-site release subject to EPCRA 304?

    How is an off-site release determined to be subject to Section 304 notification requirements? A release need not result in actual exposure to persons off-site in order to be subject to release reporting requirements; potential exposure is sufficient. Any release into the environment above the reportable quantity may have the…

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  • Does an LEPC have to consist of one individual representative from each organization?

    A Local Emergency Planning Committee (LEPC) must be representative of different groups and organizations, as described in Section 301(c). It states that, at a minimum, an LEPC must include "...representatives from each of the following groups or organizations: elected State and local officials; law enforcement; civil defense; firefighting; first aid…

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  • Reporting responsibility for hazardous chemicals brought on-site by contractors

    A construction company is contracted by a manufacturing company to perform work at the manufacturer's site. The construction company brings hazardous chemicals onto the site to perform its construction activities. During normal conditions of use as well as in foreseeable emergencies, only employees of the construction company will be exposed…

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  • Reporting to an on-site fire department

    Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA-defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds. If a…

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  • Is there a time period that constitutes "present at the facility?"

    A facility owner/operator makes a specialty chemical by first producing one chemical- the reaction intermediate and then injecting chlorine into the reaction vessel to start the final reaction for the final product. The facility runs these batches 3-4 times a year. The reaction intermediate is present over 10,000 pounds on…

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  • Liability of individuals as members of SERCs and LEPCs

    Can individuals, as members of a state emergency response commission or a local emergency planning committee, be sued and/or be held liable for their commission's or committee's failure to fulfill its EPCRA requirements? Under Section 326, an individual may assert a federal cause of action against a state emergency response…

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  • Threshold determinations when there is no weight indicated on MSDS

    If the Material Safety Data Sheet (MSDS) and label for a particular liquid hazardous chemical does not indicate the weight of the substance, how should the facility owner or operator make threshold and applicability determinations for EPCRA §312 (Tier II) Reporting? If a liquid is not labeled in pounds, its…

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  • Federal recordkeeping requirements under EPCRA §§311 and 312

    Facilities subject to EPCRA §§311 and 312 must submit a material safety data sheet (MSDS) and an inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Are there federal recordkeeping requirements for facilities subject to EPCRA §§311 and 312? There…

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  • Section 302 notification requirements for transportation of EHSs

    How do Section 302 notification requirements apply to transportation of an extremely hazardous substance (EHS)? Although Section 302 reporting requirements do not apply to the transportation of any EHS, including transportation by pipeline, or storage of EHS under active shipping papers, transportation activities within a community should be addressed in…

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