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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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If an EPA regional office finds that a permit may not have significant public health or environmental impacts, or may not impact an already overburdened community, can the permit still be prioritized for enhanced outreach? Will the permit receive any outreach at all?
EPA regional offices have the discretion to use other considerations to prioritize EPA‐issued permits for enhanced outreach that do not meet either or both of those criteria. One important consideration would be whether a community has expressed concerns over a permit application or renewal. EPA regional offices may consider prioritizing…
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If EPA is not changing the permitting process, why did EPA issue EPA Actions and associated regional implementation plans?
EPA is issuing EPA Actions to better meet its responsibilities under Executive Order 12898 by increasing meaningful engagement of overburdened communities in EPA’s permitting process in a way that is transparent and provides national consistency while maintaining some regional flexibility. As some commenters noted, EPA already has a legal obligation…
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Do EPA Actions or the Promising Practices impact any obligations the States may have under Title VI of the Civil Rights Act of 1964 and other non‐discrimination statutes?
As recipients of federal financial assistance, States have affirmative obligations under Title VI of the Civil Rights Act of 1964 and other non‐discrimination statutes. This notice does not address or modify those obligations. For further information about the obligations under these statutes, please refer to EPA’s Guidance to Environmental Protection…
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What will be included in regional implementation plans?
The regional implementation plans are expected to be consistent with the Agency‐wide guidelines finalized in EPA Actions. First, the Plans will address with more specificity the process that a regional office will use to prioritize permits for enhanced outreach. This includes outlining whether the regional office will use a screening…
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