Search Frequent Questions

Filter By:

Active filters:

Remove all filters

Displaying 61 - 75 of 303 results

  • Ethanol added to food / beverages and Tier II reporting (i.e., EPCRA Section 312)

    Is Ethanol (CAS# 64-17-5) that is added to foods or alcoholic beverages exempt from the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312 chemical inventory (i.e., Tier I/II) reporting requirements? EPCRA Section 312 requires facility owners or operators to submit annual chemical inventory reports (Tier I/Tier II Forms) for…

    • Last published:

  • Reducing factor for MSDS Reporting under EPCRA section 311

    Should the reducing factor of 0.2 for applying the emergency planning notification threshold planning quantities (TPQs) for non-reactive solid extremely hazardous substances (EHSs) in solution also be used when applying the reporting thresholds for MSDS Reporting under section 311 and Hazardous Chemical Inventory reporting under section 312 of EPCRA (…

    • Last published:

  • When does “storage incident to transportation” end?

    Are hazardous chemicals stored at the destination indicated on the shipping papers considered to be storage “incident to transportation” if they will be shipped later on to another destination under new shipping papers? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…

    • Last published:

  • Are hazardous chemicals in transportation subject to EPCRA 311/312?

    Are hazardous chemicals in transportation subject to material safety data sheet (MSDS) reporting under Section 311 and Tier II hazardous chemical inventory reporting under Section 312 of EPCRA ( 40 CFR 370 )? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…

    • Last published:

  • No Street Address Availability Tier II Reporting

    Pursuant to 40 CFR 370.42(d) , Tier II chemical inventory information must include the complete name and address of the location of the facility (including the full street address or state road, city, county, State and zip code), latitude and longitude. If a facility does not have a street address…

    • Last published:

  • Are landfills covered under Title III of SARA since they are covered by RCRA?

    Yes, landfills are subject to certain Title III requirements. Subtitle A of Title III is intended to identify facilities which present a potential hazard for a chemical emergency and to provide a process for local emergency planning committees to engage with such facilities in determining the significance of the release…

    • Last published:

  • Does sheet metal lose the manufactured item exemption when cut, welded, or brazed?

    A facility stores and processes sheet metal that contains a hazardous chemical requiring a material safety data sheet (MSDS) under OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ). The sheet metal, when in storage, is considered a manufactured solid and is therefore excluded from the definition of hazardous…

    • Last published:

  • Is customized paint exempted under the consumer product exemption?

    A store sells paint in five-gallon cans to the general public. Customers may purchase the paint as received from the manufacturer, or they may request a custom shade of paint. To attain the customer's desired shade, store employees will mix two or more base colors. This process involves opening the…

    • Last published:

  • TPQ calculations for hazardous substances in molten form

    Facilities are subject to emergency planning and notification requirements under EPCRA (also known as SARA Title III) when an extremely hazardous substance (EHS) is present at a facility in an amount equal to or in excess of its TPQ. For some EHSs that are solids, two TPQs are given (e.g…

    • Last published:

  • What is the relationship between reportable quantities (RQs) and threshold planning quantities (TPQs)?

    The reportable quantity (RQ) that triggers emergency release notification (Section 304) was developed as a quantity that when released, poses potential threat to human health and the environment. The RQs were developed using several criteria, including aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, potential carcinogenicity, biodegradation, hydrolysis, and photolysis…

    • Last published:

  • 311/312 - Retail gas station "not in compliance" with UST requirements

    For purposes of using the higher EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered "not in compliance" with UST requirements? A facility is not in compliance with the UST requirements (and therefore not eligible for the higher EPCRA thresholds) when it first fails to meet…

    • Last published:

  • EPCRA extremely hazardous substances and relationship to CERCLA hazardous substances

    How are EPCRA extremely hazardous substances (EHSs) related to CERCLA hazardous substances? There are currently about 360 EHSs defined under EPCRA section 302 ; over a third of them are also CERCLA hazardous substances. Aside from this overlap of listed substances, CERCLA and EPCRA also have closely related notification requirements…

    • Last published:

  • Reporting responsibility under EPCRA §302 for a facility with several unrelated companies?

    A public warehouse is used by several unrelated companies to store extremely hazardous substances (EHSs). For purposes of emergency planning notification, who is responsible, under EPCRA Section 302, for notifying the State Emergency Response Commission if a threshold planning quantity (TPQ) of an EHS is present at the warehouse? The…

    • Last published:

  • MSDS reporting for various blends of gasoline

    A service station stores both leaded and unleaded gasoline on-site. For the purpose of EPCRA 311 hazardous chemical inventory reporting, is the owner/operator of the facility required to submit separate material safety data sheets (MSDS) for each type of gasoline, or is a single MSDS sufficient? Section 311 of EPCRA…

    • Last published:

  • Two threshold planning quantities (TPQs)

    Several substances on the list of extremely hazardous substances (EHSs) have two threshold planning quantities (TPQs) listed in 40 CFR Part 355 , Appendix A . When would a facility use the higher TPQ? EHSs that are in solid form are subject to one of two different TPQs. A facility…

    • Last published: