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Displaying 1 - 15 of 27 results
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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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In the past, EPA has, with the assistance of industry trade associations, produced fuels brochures for use at retail outlets explaining new fuel programs and addressing performance and air quality issues. Is EPA planning a similar effort with respect to t
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In November 2005, the Clean Diesel Fuel Alliance was formed. Many public and private organizations are collaborating through the Clean Diesel Fuel Alliance to facilitate the introduction of ULSD. The U.S. Department of Energy (DOE), EPA, engine, vehicle…
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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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Pipeline tanks and the transportation exemption in Title III
An oil corporation's pipeline facility contains three kinds of tanks. One type is a breakout tank used to receive and store hazardous liquids transported by a pipeline for reinjection and continued transportation by the corporation's pipeline. Another type is used to receive and store hazardous liquid for delivery to pipelines…
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Public access of Title III documents
Section 324 of EPCRA addressing the public availability of documents, states that the emergency response plan, material safety data sheet or list submission, Tier I/II, Form R and Section 304 written follow-up notice are to be made available to the public by "the State Emergency Response Commission (SERC), or Local…
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Consolidated List of Chemicals Subject to EPA Programs
EPA implements a number of regulatory programs that use specific chemical lists as part of the process to determine reporting applicability. Is there a consolidated list of chemicals that are subject to EPA programs? The Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA), Comprehensive…
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Chemicals in facility pipelines and the EPCRA transportation exemption
Section 327 of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from any Title III reporting requirement (other than the §304 notification obligation) substances or chemicals in transportation and/or being stored incident to transportation. In a final rule promulgated April 22, 1987 ( 52 FR 13378 ), the Agency…
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Can members of SERCs and LEPCs be sued?
What are the liabilities of members of a state emergency response commission and a local emergency planning committee, if an incident is not handled properly despite following procedures developed and reviewed by those commission and committee members? Can the individual members be sued and held liable? The general rule is…
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Civil action attorney and court fees, awarding of fines
A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…
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A tank truck common carrier picks up a load of ULSD at a Shell terminal and delivers it to a Flying J truckstop. The carrier only provides a transportation service, does that carrier have any registration or reporting duties?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No, the carrier does not have registration or reporting duties as long as taxes were assessed (in the case of highway fuel) or dye was added (in the case of NRLM) at the terminal. There are recordkeeping and…
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Will refiners produce No. 1 diesel fuel at 15 ppm sulfur? What other cold weather-gelling strategies are available to the end-user?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes, some refiners will produce No. 1 diesel fuel. There are also various other cold-flow improver additives currently on the market as well. Question and Answer was originally posted at Questions and Answers on the Clean Diesel Fuel…
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Many refiners currently make a jet fuel meeting <500 ppm requirements. If refiners make a jet fuel meeting 15 ppm requirements, there may be compatibility (safety or performance) issues for jet engine manufacturers. Have these manufacturers been consulted
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The highway and nonroad diesel programs do not require that refiners produce 15 ppm sulfur jet fuel and do not set sulfur limits for jet fuel that is not designated as motor vehicle diesel fuel. This would be…
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Finding Your LEPC
How can individuals find their LEPC? Under the Emergency Planning and Community Right-to-Know Act (EPCRA), Local Emergency Planning Committees (LEPCs) must develop an emergency response plan, review the plan at least annually, and provide information about chemicals in the community to citizens. Contact information for LEPCs is available by contacting…
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