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  • CFAT Impacts on EPCRA and RMP

    The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…

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  • EPCRA Reporting Mechanisms for Protecting Sensitive Business Information

    Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…

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  • Are organizations located outside of the Great Lakes region eligible to apply for this RFA?

    Your organization could be eligible. Applicants must meet the eligibility criteria outlined in Section III.A., B., & C. of the RFA in order to apply. Only applications from eligible entities that meet the threshold eligibility requirements will be considered. Applicants should carefully review all threshold eligibility requirements. Applicant eligibility information…

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  • Can foreign governments or private entities apply?

    No. From page 21 of the RFA: Qualified non-federal entities eligible to apply for grants include non-federal governmental entities: State agencies; any agency or instrumentality of local government; interstate agencies; and federally recognized tribes and tribal organizations. Institutions of Higher Education and non-profit organizations are also eligible to apply. Non-profit…

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  • What is a farm for purposes of the SPCC Rule?

    In the December 2006 amendments to the SPCC Rule, EPA defined a farm as "a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products…

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  • Examples of an agent of a Professional Engineer

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) or an agent of the PE must visit and examine the facility before the PE certifies an SPCC Plan (40 CFR §112.3(d)). What are some examples of an agent of a PE? An agent of a…

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  • What is considered bulk oil storage capacity?

    The revised rule recognizes that oil is sometimes stored in bulk and sometimes used operationally. A bulk storage container is any container storing oil at a facility. Bulk oil storage containers may include, but are not limited to tanks, containers, drums, and mobile or portable totes. Operational use includes oil-filled…

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  • Applications focused solely on applications on improving access, recreational, and workforce development activities are prohibited, but may a PR propose a project that solely focuses on these activities?

    No, subawards focused solely on those things are also not eligible. From page 10: Note: Subawards may also include activities that improve communities’ access and enjoyment of restored areas, provided they are a part of and enhance an eligible project that accomplishes and is directly related to one of the…

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  • Would surveying or similar human subject research be allowable as a component of a PG’s application or is any such research expressly prohibited?

    Human subjects research and surveys could be eligible activities, provided they are part of a project that otherwise meets the eligibility requirements stated in the RFA. Applicants and potential subawardees should be advised that those activities are subject to the human subjects research and Paperwork Reduction Act review processes, which…

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  • Are projects located in Lake Champlain eligible for funding?

    Projects located in Lake Champlain are not within the eligible geographic bounds. 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. Lawrence River (at or upstream from…

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  • Is this grant eligible to all of Ohio or only portions of Ohio within the Great Lake's watershed.

    Proposed projects 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. Lawrence River (at or upstream from the point at which the St. Lawrence River becomes the international…

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  • Mobile fuel tanker as a facility

    Is a non-transportation related mobile fuel tanker with more than 55 gallons located near a 55 gallon drum storage area considered a facility? Perhaps. "Facility" is defined in Part 112 to mean "any mobile or fixed, onshore or offshore building, structure, installation, equipment, pipe, or pipeline (other than a vessel…

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  • 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…

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  • Are mobile boosters eligible for the transportation exemption?

    An oil company owns many wells on an oil field. Each well is on its own plot of land. These plots are not adjacent or contiguous and, therefore, each well is its own facility. When operating these wells, it is sometimes necessary to inject air or gas into the well…

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  • What is a field-constructed container?

    What are the types of containers or equipment containing oil reservoirs that would be considered field-constructed containers and thus subject to the brittle fracture evaluation of 40 CFR §112.7(i)? As found in the Preamble language provided on page 47112 of the July 17, 2002 SPCC final rule, EPA provides a…

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