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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • EPCRA Section 312 applicability

    Who is required to submit a Section 312 Tier I Form? The requirements of Section 312 ( 40 CFR Part 370 ) apply to the owner or operator of any facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the…

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  • Reporting hydrofluoric acid as a mixture

    A facility has hydrofluoric acid which is a mixture of hydrogen fluoride and water. The MSDS specifies that the mixture is 50% hydrogen fluoride and 50% water. For purposes of reporting under Sections 311/312, should the facility report on the hydrofluoric acid mixture or the 50% hydrogen fluoride? Since the…

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  • Determining EPCRA 311 / 312 Compliance After Modifying Solid Manufactured Item

    Under EPCRA section 311(e)(2), any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use is exempt from the definition of hazardous chemical and therefore need not be reported under EPCRA sections 311 and 312. However…

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  • States May Have More Stringent Tier II Reporting Requirements

    Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities meeting the general applicability requirements of 40 CFR 370.10 must submit Tier II inventory information by March 1st. Can states have more stringent requirements than the federal requirements? If so, how can I find out about the…

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  • EPCRA 312 Tier II Maximum Number of Occupants for Part-Time Occupied Facilities

    On July 13, 2012 ( 77 FR 41300 ), EPA added fields to the EPCRA Tier II form that require the owner or operator to indicate whether the facility is manned or unmanned and the maximum number of occupants present at the facility at any one time. How should facilities…

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  • Where to Sign Paper Tier II Form

    Pursuant to 40 CFR 370.42(a) , the owner or operator filling out the federal EPCRA Tier II Inventory Form must certify that all information included in the Tier II submission is true, accurate, and complete. The instructions indicate that an original signature is required on at least the first page…

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  • List of state underground storage tank agencies

    Where can state/local offices get contact names and addresses for their UST agencies? A list of state UST agencies can be found on U.S. EPA's Office of Underground Storage Tanks homepage at www.epa.gov/ust . A list of SERCs and LEPCs can be found by going through OEM's webpage on partnering…

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  • Can the Tier II form serve as a list of hazardous chemicals?

    Is the submission of a Tier II form an acceptable method of reporting a list of hazardous chemicals grouped by hazard category under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA)? Section 311 of EPCRA requires facilities to submit copies of Material Safety Data Sheets (MSDSs) or…

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