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Facilities or vessels covered under CERCLA release reporting requirements
What facilities or vessels are covered under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release reporting requirements? CERCLA section 101(9) defines facility broadly to include any site or area where a hazardous substance is located, but the definition specifically excludes consumer products in consumer use. Vessel is defined in…
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Definition of "environment"
How is the term "environment" defined? CERCLA section 101(8) defines "environment" as "(A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Fishery Conservation and Management Act of 1976…
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Choosing the chemical name to list on the List of Hazardous Substances
How does EPA choose the chemical name(s) to list for each substance on the List of Hazardous Substances at Table 302.4 of 40 CFR 302.4? A single chemical may often be known by several different names. To avoid confusion, the Agency has limited the chemical names listed in 40 CFR…
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What items are covered by the term "rolling stock"?
The definition of "facility" under EPCRA Section 329 states that "(f)or purposes of Section 304, term [i.e., facility] includes motor vehicles, rolling stock, and aircraft." The term "rolling stock" is not defined further. For purposes of EPCRA Section 304, what items are covered by the term "rolling stock"? The term…
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Person in charge for CERCLA release reporting
How does one determine who is the person in charge? Determining who is the person in charge depends on a number of variables, including the specific operation involved, the management structure, and other case-specific considerations. EPA believes that it is unnecessary and impractical for the government to determine the person…
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What was the “opt-out” provision and when was it revoked?
Answer: On April 22, 2010, EPA issued a final rule revoking the opt-out provision of the 2008 RRP Rule. The rule was published in the Federal Register on May 6, 2010, and took effect on July 6, 2010. As originally published in 2008, the RRP Rule allowed homeowners to "opt…
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Can you list specific activities deemed a disturbance of painted surfaces?
Answer: As a general matter, EPA believes that activities that create dust or paint chips are activities that disturb paint. There is no definitive list of activities that disturb painted surfaces. Some examples that can disturb painted surfaces include, but are not limited to: - Making cut-outs in walls. -…
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What is a “whole house gut rehabilitation project” for Lead Renovation, Repair and Painting (RRP) Rule purposes? If target housing has, at some point after 1978, been gut-rehabbed, would the RRP Rule apply to subsequent renovations on the property?
The phrase “gut rehabilitation” may have different meanings across the construction industry. EPA, however, used the phrase “whole house gut rehabilitation” in a very limited sense to describe only those activities that demolish and rebuild a structure to a point where it is effectively new construction. At a minimum, these…
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As a floor covering installer I use an undercut saw to remove a small amount of wood at the bottom of baseboards and door casings. How do I calculate the area of the paint that is affected for purposes of the minor repair and maintenance provision?
As a floor covering installer I use an undercut saw to remove a small amount of wood at the bottom of baseboards and door casings. I am only disturbing the paint in the 1/8 inch cut of the blade. How do I calculate the area of the paint that is…
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Are prison facilities and juvenile detention centers built before 1978 considered target housing?
Target housing means any housing constructed prior to 1978. Certain parts of prison facilities and juvenile detention centers that house incarcerated persons are housing. However, as a practical matter, EPA believes that the most parts of prisons and juvenile detention centers that would be considered housing are also zero bedroom…
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I’m a certified renovator using an EPA-recognized lead test kit to determine whether or not I have to follow the Lead Renovation Repair and Painting (RRP) Rule lead-safe work practices. What components must test negative for lead-based paint in order to qualify for the exclusion in 40 CFR 745.82(a)(2)?
Generally, a certified renovator using an EPA-recognized lead test kit must test each building component to be disturbed. The only exception to this requirement is when the components make up an integrated whole. In such a case, one or more component(s) may represent a system of components, unless it is…
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How do I know if a child has an Elevated Blood Level (EBL) prior to my work if he or she hasn't had their blood lead tested recently?
Answer: It is never the renovation firm’s responsibility to determine whether a child has an elevated blood lead (EBL) level. Question Number: 23002-16822 Find a printable PDF copy of all frequent questions pertaining to lead .
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If an electrician or plumber, working in a different room from the contained renovation project, needs to drill or cut a hole six square feet or less in size to chase a wire or pipe, does the RRP rule apply to that work?
As long as six square feet or less of painted surface in that room is disrupted with 30 days, including the work done by the electrician or plumber, and the job does not use prohibited practices or involve window replacement or demolition of painted surfaces, the minor repair and maintenance…
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If a renovator disrupts six square feet or less of painted surface per room in several rooms inside one property, does the RRP Rule apply?
No, as long as no prohibited work practices are used and the work does not involve window replacement or demolition of painted surfaces. The exception to the Lead Renovation, Repair, and Painting (RRP) Rule for work that disrupts six square feet or less of painted surface applies to each individual…
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According to your guidelines emergency projects are exempt from some requirements to the extent necessary to respond to the emergency. Does this mean that my firm does not need to be certified and my company doesn't need a certified renovator?
Question : My company only does emergency renovation work. According to your guidelines emergency projects are exempt from the warning sign, containment, waste handling, training, and certification requirements to the extent necessary to respond to the emergency. Emergency renovations are NOT exempt from the cleaning and cleaning verification requirements. Does…
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