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  • Ammonia sales at farm supply companies

    A farm supply company sells ammonia as a fertilizer to farmers. Is the ammonia, when held by the farm supplier, exempt from EPCRA Sections 311 and 312 reporting? EPCRA Section 311(e)(5) exempts "any substance to the extent it is used in routine agricultural operations or is a fertilizer held for…

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  • Public access for MSDSs

    Where should citizens go to request MSDSs on chemicals in a facility within their community? Each submitted MSDS or list along with the community emergency response plan, and inventory form are to be made available to the public at a designated location during normal working hours. Each local emergency planning…

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  • Can retail gas stations use new thresholds if USTs are not in compliance?

    How does temporary non-compliance with UST requirements affect applicability of the higher gasoline and diesel fuel thresholds for EPCRA? Retail gas stations that were not in compliance with all applicable UST requirements at any time during a calendar year may not apply the higher gasoline and diesel fuel thresholds for…

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  • Does the research laboratory exemption under Section 304 apply to Section 302?

    Since certain chemicals at research laboratories are exempt from the definition of "hazardous chemicals" and thus possibly exempt from release notification requirements under Section 304, can this exclusion be extended to Section 302 planning requirements? EPCRA defines "hazardous chemical" under Section 311 by reference to OSHA regulations. Under Section 311(e)…

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  • Are hazardous chemicals blended for fertilizer exempted under agricultural use exemption?

    Ammonia and phosphoric acid are held for sale by a retailer in large storage tanks. The retailer sells both ammonia and phosphoric acid to farmers to be used as fertilizers. The retailer also blends ammonia with phosphoric acid to produce a new compound which, in turn, is also sold to…

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  • Notification Requirements for Refrigerant Release to Air

    If a facility has a release of a refrigerant into the air, are there any regulatory requirements to notify EPA or other government agencies? Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 304 , a facility that has a release of an extremely hazardous substance (EHS) or…

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  • Calculating Amounts of Fume or Dust for EPCRA 311 / 312 Reporting

    Facilities only have to count the amount of fume or dust given off a piece of metal, brick, or any other solid manufactured item that undergoes a modification process (i.e. cutting, welding, etc.) to determine whether the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 311 and 312 reporting thresholds…

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  • Scope of FDA Exemption For Chemicals Used in Drugs

    Section 311(e)(1) of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from the definition of hazardous chemicals subject to EPCRA Section 311 and 312 reporting requirements any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration (FDA). Are all chemicals intended for use…

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  • Specific substances excluded under CERCLA petroleum exclusion

    What substances are specifically excluded from CERCLA regulation by the petroleum exclusion? EPA interprets CERCLA section 101(14) to exclude crude oil and fractions of crude oil - including the hazardous substances, such as benzene, that are indigenous in those petroleum substances - from the definition of hazardous substance. Under this…

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  • Reporting radionuclide mixtures if composition is unknown

    How are mixtures of radionuclides reported if the composition of the mixture is unknown? If the composition of the radionuclide mixture is unknown, there are two main possibilities: (1) the identity of the radionuclides is known but the quantities of one or more of the radionuclides released are not; or…

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  • Release of a hazardous substance in an encapsulated form

    Is the release of a Reportable Quantity (RQ) or more of a CERCLA hazardous substance in an encapsulated form reportable? The term "release" is defined in CERCLA section 101(22) as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment…

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  • Liability for damages caused by a release below the RQ

    If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release? Yes. A release of a CERCLA hazardous substance below its RQ does not preclude liability from any damages that may result, including the costs of cleaning up…

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  • CERCLA Release Reporting: CAS Registry Number vs. Hazardous Substance Name

    For the purposes of CERCLA release notification requirements, hazardous substances are listed in 40 CFR 302.4 with a Chemical Abstract Service (CAS) Registry Number. What are CAS Registry Numbers? When determining whether to report a release of a chemical or substance, how should a facility proceed if it appears that…

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  • Are farm suppliers and retailers exempt from 311 and 312?

    Would a farm supplier or retail distributor be excluded from Sections 311 and 312 reporting based on the agricultural exemptions? Under Section 311(e)(5), retailers are exempted from reporting requirements for fertilizers only. Therefore, substances sold as fertilizers would not need to be reported under Sections 311 and 312 by retail…

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  • Are automobile batteries at a wholesaler exempted from EPCRA 311 and 312?

    A facility sells automobile batteries wholesale. Are these batteries at the wholesaler's facility exempt from reporting under SARA Sections 311/312 due to the household product exemption under SARA section 311(e)(3)? Section 311(e)(3) exempts from the definition of hazardous chemical "(a)ny substance to the extent is used for personal, family, or…

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