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What is the definition of a child under 6 years of age?
Answer: A child under six years of age is a child that is less than 72 months old. Question Number: 23002-22691 Find a printable PDF copy of all frequent questions pertaining to lead .
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When installing a roof, my firm does not create dust by directly sanding or cutting painted surfaces, but we do hammer the unpainted side of the lumber from above. Does the RRP Rule apply to this work?
The Lead Renovation, Repair, and Painting (RRP) Rule applies to work that disturbs painted surfaces. If hammering painted components, even on the unpainted side, disturbs paint, creating dust or chips, the RRP Rule applies. Question Number: 23002-23787 Find a printable PDF copy of all frequent questions pertaining to lead .
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When replacing an old wood door and frame with a new steel entry door and frame, how do I determine whether the job qualifies as a minor repair and maintenance activity?
When replacing an old wood door and frame with a new steel entry door and frame, how do I determine whether the job qualifies as a minor repair and maintenance activity? Do I calculate the amount of painted surface disrupted using the standard for interior renovations (six square feet or…
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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…
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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…
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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…
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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…
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Notification if a SERC or LEPC has not yet been established
What if the state or tribal emergency response commission (SERC or TERC) and/or local or tribal emergency planning committee (LEPC or TEPC) must be notified of a release but have not yet been established? States were required to establish their commissions by April 17, 1987 and those commissions were to…
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The meaning of the phrase "as soon as practicable" for emergency release notification
The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance within any 24-hour period triggers the Emergency Planning and Community Right-to-Know Act (EPCRA) emergency release notification requirements ( 40 CFR 355.33 ). A facility must make…
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Separate releases of the same hazardous substance
If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required? All releases of the same substance from a single facility should be aggregated to determine whether an…
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Health information language requirements for Section 304 notifications
The follow-up emergency notice requires the owner or operator of a facility that has released a reportable quantity of a substance requiring Section 304 notification to relate, in a follow-up notice, "any known or anticipated acute or chronic health risks associated with the release." Since general health information is already…
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Are pipelines, barges, and vessels subject to release notification?
Do the Section 304 release notification requirements apply to pipelines, barges, and other vessels as well as to other transportation facilities? Title III (Section 327) does not apply to the transportation of any substance or chemical including transportation by pipeline, except as provided in Section 304. Section 304 requires notification…
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Under EPCRA, who is responsible for reporting releases and when must the report be made?
Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made? Under section 304 of EPCRA, the owner or operator of a facility is required to report immediately to the appropriate State Emergency Response Commissions (SERCs) and Local Emergency…
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Does the "federally permitted release" exemption apply fully to state permitted releases?
No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.
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Exceeding "continuous release" amounts
Are releases above the amount qualifying as a "continuous releases" exempt from Section 304 notification requirements? Because "statistically significant increases" from a "continuous release" must be reported as an episodic release under CERCLA Section 103(a), such releases must also be reported under Section 304 of Title III. Any clarifications or…
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