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Displaying 61 - 75 of 138 results
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Under CERCLA, who is responsible for reporting releases and when must the report be made?
Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made? Section 103 of CERCLA requires the person in charge of a facility or vessel, as soon as he or she has knowledge of a release of a…
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Release information included in the written follow-up report
Should the location and cause of an incident be included in the written follow-up report? To be consistent with CERCLA, EPA believes that the location of the releases is always essential for both emergency response and follow-up actions and should be identified in any release notification under Section 304. The…
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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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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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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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When you make the annual designation as an importer does it apply to all of your imported gasoline, or can you designate average or per gallon compliance parameters for each import facility?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Importers must use the same per gallon or average designations for all reformulated gasoline imported each year, regardless of where that reformulated gasoline is imported.(7/1/94) This Question and Answer was originally posted at: Questions and Answers on the…
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Regulation Section 80.1131(b)(4) states that, in the event that the same RIN is transferred to two or more parties, ?all such RINs will be deemed to be invalid, unless EPA in its sole discretion determines that some portion of these RINS is valid?. What?s
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In many circumstances, EPA will be able to determine whether any of the RINs (or particular gallon-RINs within a batch-RIN) are valid from the information submitted to EPA in the RIN generation and transaction reports. Through these reports…
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What is the process to retire a RIN? Is this a reporting function that is done with the EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . RINs are retired for reasons specified in the regulations and must be reported to EPA. A retired RIN may not be used for compliance purposes or traded to another party. A retired RIN is reported to EPA in…
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What is the process to retire a RIN? Is this a reporting function that is done with the EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . RINs are retired for reasons specified in the regulations and must be reported to EPA. A retired RIN may not be used for compliance purposes or traded to another party. A retired RIN is reported to EPA in…
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Could we become the delegated authority for submission of reports on behalf of our members?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Individual blenders could rely on your association to submit reports to EPA on their behalf. . However you should understand that if any reports are not submitted or are submitted improperly then responsibility would fall upon the individual…
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Refiners and oxygenate blenders who produce averaged reformulated gasoline must report which covered areas products have been distributed to by each facility. How are these areas to be determined?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Unless a refiner or oxygenate blender has specific and detailed information indicating otherwise, it must be assumed that products have been delivered to all covered areas serviced by the distribution system(s) used. A list of covered areas as…
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What will constitute a valid electronic signature for electronic submission of reports to EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . EPA will require that each party who wants to report electronically must sign an agreement that the use of electronic reporting methods will be considered equivalent to paper methods and that personal identification numbers assigned by EPA will…
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