Search Frequent Questions

Displaying 46 - 60 of 242 results

• Clean Water Act (CWA) and CERCLA Hazardous Substance Lists

  What is the relationship between the hazardous substance lists under the Clean Water Act (CWA) and under CERCLA? All CWA hazardous substances and CWA toxic pollutants are CERCLA hazardous substances, whereas only some CERCLA hazardous substances are CWA hazardous substances. CERCLA section 101(14) defines “hazardous substance” by reference to lists…

  • Last published: February 2, 2024

• Using TRI Form R for Continuous Release Reporting

  A facility wants to use the reduced reporting option under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103(f)(2) for releases of hazardous substances that occur in a manner that is continuous and are stable in quantity and rate. Can the Toxics Release Inventory (TRI) Form R be…

  • Last published: February 2, 2024

• Determining the amount released for Ammonia and Ammonium Hydroxide for Release Notification Requirements under CERCLA section 103 and EPCRA section 304

  Ammonia (CAS number 7664-41-7) is an Extremely Hazardous Substance (EHS), listed at 40 CFR Part 355 Appendix A and Appendix B with a reportable quantity (RQ) of 100 lbs. Both ammonia and ammonium hydroxide (CAS number 1336-21-6) are listed as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances…

  • Last published: March 13, 2024

• Are local education agencies relieved of reinspections once every 3 years for schools which are asbestos-free, either because they were constructed without asbestos-containing building material (ACBM) or because all ACBM has been removed?

  Yes, because the reinspection requirements at 40 CFR section 763.85(b) apply only to schools which contain known or assumed ACBM. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos Asbestos…

  • Last published: March 15, 2024

• Could miscellaneous asbestos-containing building material (ACBM) on the floors of two identical classrooms on two separate floors be viewed as homogeneous areas?

  No. This would not be a homogeneous area, which is defined as “an area of surfacing material, thermal insulation material, or miscellaneous material that is uniform in color and texture.”[40 CFR part 763.83] Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers…

  • Last published: March 15, 2024

• EPCRA Release Notification of RQ in Any 24-Hour Period
  

  EPCRA section 304 requires notification to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) when there is a release of a reportable quantity (RQ) of either a CERCLA hazardous substance or an extremely hazardous substance (EHS). CERCLA section 103(a) and 40 CFR 302.6 require notification…

  • Last published: March 14, 2024

• Are schools within a local education agency with no asbestos-containing building material (ACBM) relieved of the annual notification requirements at 40 CFR part 763.84(c)?

  Yes. However, the annual notification regarding the availability of the school's management plan must continue indefinitely to parent, teacher, and employee organizations (or, in the absence of any such organizations, to the relevant group) (see sections 40 CFR part 763.84(f) and 40 CFR part 763.93(g)(4)). Copies of these annual notices…

  • Last published: March 21, 2024

• Are vocational schools covered under the Asbestos Hazard Emergency Response Act (AHERA)?

  Vocational schools that provide elementary or secondary education under state law are covered as schools under AHERA. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos Asbestos Contaminated Vermiculite Insulation

  • Last published: March 21, 2024

• If friable asbestos-containing material (ACM) is accidentally left behind after an abatement project had passed air clearance by transmission electron microscopy (TEM) analysis, do I need to re-test the air?

  Yes. Both the visual inspection and the abatement were not properly completed under 40 CFR part 763.90(i)(1). The loose debris should be removed and the area thoroughly re-cleaned. Air monitoring should be repeated using TEM analysis for the functional space where the original abatement occurred. (40 CFR part 763.90(f) and…

  • Last published: April 4, 2024

• The asbestos-containing materials in schools rule pursuant to the Asbestos Hazard Emergency Response Act (AHERA) requires that an accredited management planner review the results of each inspection and assessment. Is this also required for reinspections?

  Yes. 40 CFR part 763.88(d) of the asbestos in schools rule states that “[t]he local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment . . . ” Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and…

  • Last published: April 11, 2024

• What is the relationship between reportable quantities (RQs) and threshold planning quantities (TPQs)?

  The reportable quantity (RQ) that triggers emergency release notification (Section 304) was developed as a quantity that when released, poses potential threat to human health and the environment. The RQs were developed using several criteria, including aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, potential carcinogenicity, biodegradation, hydrolysis, and photolysis…

  • Last published: April 12, 2024

• EPCRA extremely hazardous substances and relationship to CERCLA hazardous substances

  How are EPCRA extremely hazardous substances (EHSs) related to CERCLA hazardous substances? There are currently about 360 EHSs defined under EPCRA section 302 ; over a third of them are also CERCLA hazardous substances. Aside from this overlap of listed substances, CERCLA and EPCRA also have closely related notification requirements…

  • Last published: April 12, 2024

• Liability for damages that a release may cause

  Once a facility properly notifies the National Response Center (NRC) , is it exempted from any liability for damages that the release may cause? No. Proper and timely reporting of a release in accordance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103 does not preclude liability for…

  • Last published: April 15, 2024

• Release Notification for Lead from Ammunition

  Pursuant to 40 CFR 302.6 , any person in charge of an onshore facility shall, as soon as he or she has knowledge of any release of a hazardous substance from a facility in a quantity equal to or exceeding the reportable quantity (RQ) in any 24-hour period, immediately notify…

  • Last published: April 15, 2024

• If the architect or project engineer responsible for the construction of a school building built after October 12, 1988 provides a written statement that there is no asbestos-containing material in the school, is an inspection required?

  40 CFR part 763.99(a) and (a)(7)of the asbestos-containing materials in schools rule provides that an LEA “shall not be required to perform an inspection under § 763.85(a) in any sampling area . . . or homogeneous area of a school building where: . . . (7) An architect or project…

  • Last published: April 22, 2024