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  • EPCRA Section 312 applicability

    Who is required to submit a Section 312 Tier I Form? The requirements of Section 312 ( 40 CFR Part 370 ) apply to the owner or operator of any facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the…

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  • Reporting hydrofluoric acid as a mixture

    A facility has hydrofluoric acid which is a mixture of hydrogen fluoride and water. The MSDS specifies that the mixture is 50% hydrogen fluoride and 50% water. For purposes of reporting under Sections 311/312, should the facility report on the hydrofluoric acid mixture or the 50% hydrogen fluoride? Since the…

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  • Liability for damages that a release may cause

    Once a facility properly notifies the National Response Center (NRC) , is it exempted from any liability for damages that the release may cause? No. Proper and timely reporting of a release in accordance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103 does not preclude liability for…

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  • Release Notification for Lead from Ammunition

    Pursuant to 40 CFR 302.6 , any person in charge of an onshore facility shall, as soon as he or she has knowledge of any release of a hazardous substance from a facility in a quantity equal to or exceeding the reportable quantity (RQ) in any 24-hour period, immediately notify…

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  • Determining EPCRA 311 / 312 Compliance After Modifying Solid Manufactured Item

    Under EPCRA section 311(e)(2), any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use is exempt from the definition of hazardous chemical and therefore need not be reported under EPCRA sections 311 and 312. However…

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  • States May Have More Stringent Tier II Reporting Requirements

    Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities meeting the general applicability requirements of 40 CFR 370.10 must submit Tier II inventory information by March 1st. Can states have more stringent requirements than the federal requirements? If so, how can I find out about the…

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  • EPCRA 312 Tier II Maximum Number of Occupants for Part-Time Occupied Facilities

    On July 13, 2012 ( 77 FR 41300 ), EPA added fields to the EPCRA Tier II form that require the owner or operator to indicate whether the facility is manned or unmanned and the maximum number of occupants present at the facility at any one time. How should facilities…

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  • Where to Sign Paper Tier II Form

    Pursuant to 40 CFR 370.42(a) , the owner or operator filling out the federal EPCRA Tier II Inventory Form must certify that all information included in the Tier II submission is true, accurate, and complete. The instructions indicate that an original signature is required on at least the first page…

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  • Notification if a SERC or LEPC has not yet been established

    What if the state or tribal emergency response commission (SERC or TERC) and/or local or tribal emergency planning committee (LEPC or TEPC) must be notified of a release but have not yet been established? States were required to establish their commissions by April 17, 1987 and those commissions were to…

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  • List of state underground storage tank agencies

    Where can state/local offices get contact names and addresses for their UST agencies? A list of state UST agencies can be found on U.S. EPA's Office of Underground Storage Tanks homepage at www.epa.gov/ust . A list of SERCs and LEPCs can be found by going through OEM's webpage on partnering…

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  • Can the Tier II form serve as a list of hazardous chemicals?

    Is the submission of a Tier II form an acceptable method of reporting a list of hazardous chemicals grouped by hazard category under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA)? Section 311 of EPCRA requires facilities to submit copies of Material Safety Data Sheets (MSDSs) or…

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  • The meaning of the phrase "as soon as practicable" for emergency release notification

    The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance within any 24-hour period triggers the Emergency Planning and Community Right-to-Know Act (EPCRA) emergency release notification requirements ( 40 CFR 355.33 ). A facility must make…

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  • Separate releases of the same hazardous substance

    If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required? All releases of the same substance from a single facility should be aggregated to determine whether an…

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  • SERC and LEPC determination of "need" for CBI

    In complying with a public request for Tier II information under Section 312(e)(3)(C), how is "need" determined? Guidelines for determining need to know are the responsibility of the local emergency planning committees and state emergency response commissions.

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  • Health information language requirements for Section 304 notifications

    The follow-up emergency notice requires the owner or operator of a facility that has released a reportable quantity of a substance requiring Section 304 notification to relate, in a follow-up notice, "any known or anticipated acute or chronic health risks associated with the release." Since general health information is already…

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