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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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  • Are pipelines, barges, and vessels subject to release notification?

    Do the Section 304 release notification requirements apply to pipelines, barges, and other vessels as well as to other transportation facilities? Title III (Section 327) does not apply to the transportation of any substance or chemical including transportation by pipeline, except as provided in Section 304. Section 304 requires notification…

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  • How should locations be identified on Tier I/II forms?

    Tier I forms provide for listing the general location for all applicable chemicals in each hazard category, including the names and identifications of buildings, tank fields, lots, sheds, or other such areas. Tier II forms provide for reporting buildings, at a minimum, and allow facilities to describe briefly the location…

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

    Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made? Under section 304 of EPCRA, the owner or operator of a facility is required to report immediately to the appropriate State Emergency Response Commissions (SERCs) and Local Emergency…

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  • Does the "federally permitted release" exemption apply fully to state permitted releases?

    No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.

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  • Exceeding "continuous release" amounts

    Are releases above the amount qualifying as a "continuous releases" exempt from Section 304 notification requirements? Because "statistically significant increases" from a "continuous release" must be reported as an episodic release under CERCLA Section 103(a), such releases must also be reported under Section 304 of Title III. Any clarifications or…

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  • Who must report in cases of transportation-related releases?

    In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…

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  • How to determine if a facility exceeded the TPQ for an EHS

    How can a facility determine whether it has present an amount of an extremely hazardous substance (EHS) which equals or exceeds the threshold planning quantity (TPQ)? To determine whether the facility has an amount of an extremely hazardous substance which equals or exceeds the TPQ, the owner or operator must…

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  • Are manufacturers of household products exempt from reporting under 311 and 312?

    Is a facility that manufactures household products exempt from reporting under Sections 311 and 312 due to the household products exemption in Title III? Section 311(e) exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or household purposes, or is present…

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  • Exemption for research laboratories and medical facilities under 311 and 312

    Are research laboratories and medical facilities exempt from reporting under Sections 311 and 312? Research laboratories and medical facilities are not exempt from reporting requirements under Sections 311 and 312, rather, Section 311(c)(4) of Title III excludes from the definition of hazardous chemical: "Any substance to the extent it is…

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  • Do facilities that submit lists have to file revised MSDSs?

    If a facility submits a list to comply with Section 311, does the facility have to supply a revised MSDS with significant new information or a new MSDS for substances that become present on-site after the initial reporting deadline and exceed the threshold within three months as required by Section…

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