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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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Pesticide applicator quantity applied to threshold or transportation exemption
A farmer contracts with an applicator to spray pesticides on his fields. The applicator drives a tank truck onto the farmers' field and sprays the pesticide from the truck onto the fields. For purposes of Section 302 emergency planning requirements, are the EHSs in the truck considered present at the…
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State refusing to comply with the emergency planning provisions
What will happen if a State refuses to comply with the emergency planning provisions? A governor who does not designate a State emergency response commission becomes the commission by default. While the governor could choose not to fulfill any of the Title III provisions, the public could still request information…
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Section 302 notification requirements and mixtures with unknown components
Are facilities exempt from Section 302 notification requirements if they produce, use, or store mixtures whose extremely hazardous substance component information is not available on the MSDS provided by the manufacturer? If the facility which produces, uses, or stores mixtures knows or reasonably should know the components of the mixture…
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Will boiling my water help?
No. Boiling water will NOT reduce nitrate levels. In fact, it will make the level of nitrate worse because some of the water will evaporate but the nitrate will not. This increases the concentration of nitrate in water.
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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…
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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…
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Can states designate liquified petroleum gas facilities under Section 302
Does the statute allow the state to designate facilities which produce, use, or store certain quantities of liquified petroleum gas as emergency planning facilities? EPA considers the designation of additional facilities to be accomplished through naming individual sites or companies, or by designation of certain classes of facilities as newly…
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Transportation exemption and EPCRA emergency planning
To what extent is an LEPC/TEPC required to plan if there are only a few (or no) facilities having extremely hazardous substances present in excess of threshold planning quantities, but there is significant interstate transportation of these and other hazardous substances? While Section 327 of Title III generally exempts the…
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What should I do if my water has elevated nitrates and/or exceeds the MCL?
If nitrate exceeds the MCL of 10 mg/L, you should find a safe alternative drinking water supply. The quickest thing to do is to begin using bottled water for drinking. Another option is to install a treatment that will remove nitrate from your water such as reverse osmosis or a…
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Is it safe to shower or bathe in water if it is over the nitrate MCL of 10 mg/L?
Nitrate is only a concern for ingestion (eating and drinking). It is not absorbed through your skin. People who install filter systems for nitrate often install them just for their kitchen sink faucet, and they use that faucet for their cooking and drinking water.
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What is EPA doing?
EPA is working with its governmental partners and other stakeholders to investigate and address the issue. Most recently, EPA issued a letter to the state of Minnesota requesting a plan of action to address nitrate contamination in drinking water.
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Why is nitrate contamination a concern?
Nitrate is an acute contaminant, meaning that health effects can occur immediately (I.e. within hours or days) of short-term exposure. Too much nitrate in your body makes it harder for red blood cells to carry oxygen. While most people recover quickly, this can be very dangerous for infants and some…
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Would pesticide sprayed on ground count towards §302 threshold?
Section 302 requires owners and operators of facilities that have extremely hazardous substances (EHSs) present above the threshold planning quantity (TPQ) to participate in emergency planning ( 40 CFR §355.20 ). If a facility has a pesticide sprayed on its grounds without first being stored at the facility, must the…
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