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  • Facilities covered under EPCRA 304

    What facilities are covered under EPCRA release reporting requirements? EPCRA section 329(4) defines facility to include stationary structures on a single site, or on contiguous or adjacent sites owned or operated by the same person. For purposes of release reporting under EPCRA section 304 , motor vehicles, rolling stock, and…

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  • Are marinas and airports included under the definition of "retail gas station?"

    Gas stations in marinas and airports that sell fuel for boats and airplanes are not included within the definition of "retail gas station" for purposes of higher reporting thresholds EPCRA §§311/312. In the February 11, 1999, Federal Register, EPA added the phrase "for motor vehicle use on land" to the…

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  • CERCLA petroleum exclusion

    What is the CERCLA petroleum exclusion? The term "hazardous substance" is defined in CERCLA section 101(14) to include substances listed under four other environmental statutes (as well as those designated under CERCLA section 102(a)). The definition excludes "petroleum, including crude oil or any fraction thereof," unless specifically listed or designated…

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  • Crosswalk Aligning EPA's Hazard Categories with OSHA's Hazard Classification

    Pursuant to 40 CFR 370.42(s)(5) , an owner or operator submitting the Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II inventory information must indicate the hazard categories that apply to the chemical or mixture. The five hazard categories are defined in 40 CFR 370.66 . How do the EPA…

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  • EPCRA 304 Release Notification For Mixtures

    How is release notification handled for mixtures under EPCRA section 304? Similar to the release notification requirements in CERCLA section 103, release notification of a mixture under EPCRA should be in accordance with the Clean Water Act (CWA) mixture rule. If the quantity of all the hazardous constituents of the…

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  • Who Can Certify an EPCRA 312 Tier II Report?

    Pursuant to 40 CFR 370.42(a) , the owner or operator, or the officially designated representative of the owner or operator, must certify that all information included in an EPCRA Tier II submission is true, accurate, and complete. Are there any requirements or criteria that an officially designated representative would have…

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  • Does the medical exclusion apply to chemicals at doctors' offices and pharmacies?

    Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) require facility owners or operators to file inventory reports detailing the name, amount, and location of hazardous chemicals present at a facility in excess of the established threshold quantities. Hazardous chemicals are defined by the Occupational Safety…

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  • EPCRA Requirements for a facility located within the planning districts of two LEPCs

    The reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 303(d), 311, and 312 require covered facilities to provide information on the presence of extremely hazardous substances (EHSs) and hazardous chemicals to the Local or Tribal Emergency Planning Committee (LEPC or TEPC) for the purpose of preparing…

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  • Contact center for questions about Tier2 Submit

    What if I have questions about Tier2 Submit? If you have questions about Tier2 Submit, contact the RMP Reporting Center via email ( [email protected] ) or phone (703-227-7650) on weekdays from 8 AM – 4:30 PM Eastern.

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  • Applicability of EPCRA §§302 and 304 to EHSs produced on-site

    If an extremely hazardous substance is not stored on-site but is produced in a process such as incineration, is it exempt from both threshold planning quantity calculation and release reporting if the release is covered by a Clean Air Act permit? If the hazardous substance is produced on-site in a…

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  • Should the written notification also include results of a facility's inspection?

    Should the written notification also include results of a facility's inspection? An inspection may specify measures to be applied to prevent future releases. While this information is certainly useful in terms of preventing similar releases, it is not required. However, state and local governments may wish to require such information…

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  • Chemicals in facility pipelines and the EPCRA transportation exemption

    Section 327 of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from any Title III reporting requirement (other than the §304 notification obligation) substances or chemicals in transportation and/or being stored incident to transportation. In a final rule promulgated April 22, 1987 ( 52 FR 13378 ), the Agency…

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  • What is considered cryogenic conditions?

    The Tier II Hazardous Chemical Inventory form, used to meet annual EPCRA §312 reporting requirements, requires facility owners or operators to note whether reported hazardous chemicals are present at, above, or below ambient temperature. For temperatures below ambient, the form distinguishes between “less than ambient temperature but not cryogenic” and…

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  • General reporting requirements and thresholds for EPCRA 311

    What are the requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 311 and what facilities are covered? Are there thresholds for reporting? Section 311 requires that the owner or operator of a facility must submit a material safety data sheet (MSDS) for each hazardous chemical which meets…

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  • Under CERCLA, who is responsible for reporting releases and when must the report be made?

    Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made? Section 103 of CERCLA requires the person in charge of a facility or vessel, as soon as he or she has knowledge of a release of a…

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