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  • CO2 in beverages and EPCRA 311 / 312 reporting

    Is CO 2 added to beverages covered under Section 311(e)(1) exemption? Section 311(e)(1) exempts any food, food additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). EPA considers a substance to be regulated by the FDA as long as the substance is used in a manner which…

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  • Gasoline and diesel fuel UST compliance determination

    Are State or Tribal Emergency Response Commissions (SERCs or TERCs), Local or Tribal Emergency Planning Committees (LEPCs or TEPCs), or fire departments required to determine if facilities are in compliance with underground storage tank (UST) requirements? No. SERCs/TERCs, LEPCs/TEPCs, and fire departments are not required to make the determination themselves…

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  • Generic 311/312 reporting for oil fields or wells

    A petroleum company owns many oil wells on a large oil field. Each well is on its own plot of land. These plots of land are not adjacent or contiguous and the oil field itself spans many local planning districts. For purposes of Sections 311/312 reporting, is each oil well…

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  • Oxygen used at a hospital by technically qualified individuals

    A hospital stores oxygen in a large outside bulk storage tank and delivers the material, as needed, throughout the hospital using a piping system (the oxygen is used only in the treatment of patients). The bulk storage tank is routinely maintained by hospital maintenance people but the oxygen itself is…

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  • Filing state trade secret provisions

    A chemical company in Louisiana filed their Section 311/312 reports by hazardous components. The Louisiana State Right-to-Know laws require companies to report on all unique substances present at the facility. For example, if chemical A and chemical B are blended to make mixture C, than the facility would have to…

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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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  • 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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  • 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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  • Would participation in the Climate Pollution Reduction Grant Programs weaken our application?

    Receiving funds from another federal award does not preclude the organization from receiving funding under this opportunity. However, activities funded under the respective agreements must be distinct and severable, and the organization must have the ability to accurately track their expenses under each agreement and charge them accordingly.

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  • Are projects located in the St. Louis River Estuary near Superior, WI and Duluth, MN eligible for funding?

    Communities within these areas are within the historic Great Lakes Basin and thus are eligible. From the RFA: Proposed GLEJGPs must be implemented within the historic Great Lakes Basin, including projects impacting connecting waterways such as the U.S. portions of the St. Mary’s River, Lake St. Clair and the St…

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  • Can we refine Project Subrecipient evaluation criteria during the award?

    Full question Do we have to include in our application evaluation criteria for: i) the project subrecipient’s ability to carry out the project and sustain expected outcomes after the initial projects person is complete; ii) technical merit and feasibility of their proposed project; iii) and the proposed project’s linkage to…

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  • Can we refine MOPs during the award using adaptive management?

    Yes. Applicants that choose to utilize an adaptive management approach to revise or refine their anticipated measures of progress should clearly describe the methodology of that approach within their workplan. Such a strategy must be consistent with EPA’s assistance agreement competition policy, specifically such changes must not materially change the…

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