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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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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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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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My company installs new or replacement seamless gutters. We install the gutters using self-tapping screws and the cumulative size of the total number of holes is only a couple of square inches. If the job does not involve sanding, scraping, repainting, repair, replacement or reconditioning of the fascia surface, is it covered by the RRP Rule?
Minor repair and maintenance activities are not subject to the requirements of the Lead Renovation, Repair, and Painting (RRP) Rule . For exterior renovations, minor repair and maintenance activities are those activities that disrupt 20 square feet or 29 less of painted surface, and do not use prohibited practices or…
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My firm removes and replaces garage doors made up of multiple panels, each of which has an exterior painted surface area of <20 square feet. If we disturb the paint on just one of the door panels, is that activity subject to the Lead Renovation, Repair and Painting (RRP) Rule?
An activity that disturbs less than 20 square feet of exterior painted surface and otherwise meets the definition of minor repair and maintenance is not subject to the RRP Rule . However, the RRP Rule provides that when removing painted components, or portions of painted components, the entire surface area…
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Are written follow-up notifications required after the initial telephone notifications?
When a facility releases a reportable quantity of a hazardous substance, are there any requirements for written follow-up notification, after the initial telephone notifications, under the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA)? Under EPCRA, an owner or operator must…
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