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  • Are chemicals used at nursing home exempted under medical facility exemption?

    Are chemicals used at nursing homes exempt from reporting under Sections 311/312 due to the medical facility exemption under Section 311(e)(4)? While a nursing home is treated like any other medical facility for Section 311/312 purposes, Section 311(e)(4) does not exempt a medical facility from all Section 311/312 reporting. Section…

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  • Criteria used by Regional Response Teams to review emergency plans

    Title III states that the Regional Response Teams (RRTs) "may" review and comment upon an emergency plan. What criteria will the RRT use for reviewing these plans? The National Response Team (NRT) published the Hazardous Materials Emergency Planning Guide in which Appendix D: Criteria for Assessing State and Local Preparedness…

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  • Are on-site contractors responsible for EHSs brought on-site?

    For Section 302 purposes, if a contractor brings an extremely hazardous substance (EHS) on-site to a facility over the threshold planning quantity, is the owner/operator of the facility or the contractor required to make the notification to the LEPC? For Section 304 purposes, if a contractor bursts a tank at…

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  • Are mining and mineral extraction wastes exempt under Section 304?

    No. The release notification requirements apply if the wastes are CERCLA hazardous substances or extremely hazardous substances.

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  • How are the activities of "farm cooperatives" interpreted for reporting purposes?

    Farm cooperatives would be subject to Sections 311 and 312 reporting requirements.

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  • How did EPA determine TPQs for EHSs?

    How did EPA determine threshold planning quantities for extremely hazardous substances? The Agency assigned chemicals to threshold planning quantity (TPQ) categories based on an index that accounts for the toxicity and the potential of each chemical, in an accidental release, to become airborne. This approach does not give a measure…

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  • Is blended (oxygenated) gasoline excluded?

    Does blended (oxygenated) gasoline fall within the scope of the CERCLA petroleum exclusion? Historically, the Agency has interpreted the CERCLA section 101(14) petroleum exclusion to cover crude oil and the crude oil constituents that are indigenous to the petroleum (e.g., xylene), or that are normally mixed with or added to…

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  • Facilities or vessels covered under CERCLA release reporting requirements

    What facilities or vessels are covered under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release reporting requirements? CERCLA section 101(9) defines facility broadly to include any site or area where a hazardous substance is located, but the definition specifically excludes consumer products in consumer use. Vessel is defined in…

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  • What are the differences between Tier I and Tier II forms?

    The reporting under Section 312 is in two tiers, Tier I and Tier II. What are the general differences between the two forms? Section 312 includes a two tier approach. Tier I requires information (such as maximum amount of hazardous chemicals at the facility during the preceding year, an estimate…

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  • Trouble importing previous Tier2 Submit data

    I’m having trouble importing previous Tier2 Submit data into the current version of Tier2 Submit; what should I do? It is possible that the file has been corrupted or that the format is incompatible with the Tier2 Submit software. Note that Tier2 Submit can only import files that were made…

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  • No Supplier Notification Requirements for Tier II Chemical Inventory Reporting

    Under EPCRA Section 313, suppliers are required to notify customers that their mixtures or trade name products contain a TRI chemical. Are there similar supplier notification requirements for Tier II chemical inventory reporting under EPCRA Section 312? There is no supplier notification requirement for Tier II chemical inventory reporting. However…

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  • Definition of "environment"

    How is the term "environment" defined? CERCLA section 101(8) defines "environment" as "(A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Fishery Conservation and Management Act of 1976…

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  • Choosing the chemical name to list on the List of Hazardous Substances

    How does EPA choose the chemical name(s) to list for each substance on the List of Hazardous Substances at Table 302.4 of 40 CFR 302.4? A single chemical may often be known by several different names. To avoid confusion, the Agency has limited the chemical names listed in 40 CFR…

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  • What items are covered by the term "rolling stock"?

    The definition of "facility" under EPCRA Section 329 states that "(f)or purposes of Section 304, term [i.e., facility] includes motor vehicles, rolling stock, and aircraft." The term "rolling stock" is not defined further. For purposes of EPCRA Section 304, what items are covered by the term "rolling stock"? The term…

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  • Person in charge for CERCLA release reporting

    How does one determine who is the person in charge? Determining who is the person in charge depends on a number of variables, including the specific operation involved, the management structure, and other case-specific considerations. EPA believes that it is unnecessary and impractical for the government to determine the person…

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