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  • Use Federal Tier II Form When Claiming Trade Secret

    40 CFR Part 350 allows facilities to withhold certain chemical information when reporting under EPCRA if the facility claims those chemicals to be a trade secret. When submitting the required trade secret claim package for Tier II reports, must a facility use the federal Tier II inventory form or can…

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  • Are hazardous chemicals present at rail yards subject to EPCRA 311/312?

    Yes, hazardous chemicals present at rail yards are subject to EPCRA Sections 311 and 312, if they are not stored incident to transportation and they are present at the rail yard in amounts equal to or in excess of the minimum thresholds in 40 CFR 370.10(a). As explained in the…

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  • E-cigarette and EPCRA 311 / 312 Reporting

    Are hazardous chemicals used to make e-cigarette products considered tobacco or tobacco products and thus exempt from EPCRA sections 311 and 312 reporting requirements? No. The MSDS reporting requirements under EPCRA Section 311 and Chemical Inventory (i.e., Tier II) reporting requirement under EPCRA Section 312 apply to owners and operators…

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  • What is a reactive and non-reactive solid EHS?

    Reactive solid means any extremely hazardous substance denoted with “a” in the “Notes” column in Appendix A or B of 40 CFR 355. Reactive solids are more likely than other solids to be dispersed into the air due to the energy or heat created from their reactivity with water or…

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  • How did states form their SERCs?

    How are States expected to form their State Emergency Response Commission (SERC) as required under Title III? States are required to establish a State Emergency Response Commission (SERC) under Title III. The SERC may consist of existing emergency response organizations or may be an entirely new mechanism to address this…

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  • Agricultural use exemption and chemicals used for fish farming

    Sections 311 and 312 require facility owners or operators to submit Material Safety Data Sheets (MSDSs) and annual inventory reports for any hazardous chemical subject to OSHA's Hazard Communication Standard (29 CFR §1910.1200(c)) which is present at a facility above a reportable threshold (40 CFR §370.10) . An owner or…

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  • Hazardous chemicals used in animal digestors or incinerators

    Are hazardous chemicals used in equipment, such as an animal carcass digestor or incinerator, located on the grounds of a medical or veterinary facility exempt from the definition of hazardous chemical and, therefore, exempt from reporting under EPCRA Sections 311 and 312? Any substance to the extent it is used…

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  • Agricultural use exemption and fuels

    Does the agricultural use exemption, Section 311(e)(5), apply to fuels used by harvesting services to transport crops from the farm to the market or the food processor? Does the agricultural use exemption apply to the fuel used by the farmer to transport crops from the farm to the market or…

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  • Release notification for release at Superfund site

    Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Superfund site during cleanup activities? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…

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  • CERCLA Release Notification and the Workplace Exposure Exclusion

    CERCLA section 101(22) excludes from the definition of release any release solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons. Does the workplace exposure exclusion apply for purposes of CERCLA release notification requirements? The workplace exposure exclusion only applies…

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  • EPCRA 311 / 312 Reporting Responsibility For Industrial Park Owner

    EPCRA sections 311 and 312 assign responsibility for reporting to “the owner or operator of any facility which is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act (OSHA) of 1970 and regulations under that act.”…

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  • CERCLA Release Reporting: Clarification of Facility

    The term facility, as defined in 40 CFR 302.3 , does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification? Yes. Adjacent buildings on a contiguous property where multiple…

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  • Bricks May Be Eligible for Solid and Manufactured Item Exemption for EPCRA 311 / 312 Reporting

    For safety data sheet (SDS) and Tier II inventory reporting under EPCRA Sections 311 and 312, there is an exemption for solid and manufactured items that do not have the potential for exposure under normal conditions of their use. Are bricks eligible for the solid and manufactured item exemption under…

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  • CFAT Impacts on EPCRA and RMP

    The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…

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  • EPCRA Reporting Mechanisms for Protecting Sensitive Business Information

    Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…

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