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  • How often does a facility need to complete an oil spill response training under the FRP requirements?

    Facilities subject to the Facility Response Plan (FRP) regulations in 40 CFR Part 112, Subpart D are required to develop a facility response training program to train those personnel involved in oil spill response activities (§112.21(b)). How often does a facility need to complete an oil spill response training under…

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  • What is a significant and substantial harm facility?

    Some substantial harm facilities may meet the criteria for a significant and substantial harm facility. After you have prepared and submitted your FRP, the RA may determine that your facility has the potential, not just for substantial harm, but for significant and substantial harm. If the RA makes that determination…

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  • When testing a work area, does one lead test kit or paint chip sample suffice for any single component?

    The certified renovator is only required to use one lead test kit or paint chip sample for each component, even if the surface of the component is extensive (e.g., a large wall). Question Number: 23002-23865 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Can a homeowner use an EPA-recognized lead test kit to check for lead-based paint?

    Answer: A number of lead test kits are available for consumer purchase in most retail hardware stores; however, the Consumer Product Safety Commission (CPSC) states that consumers should exercise caution when using these lead test kits to evaluate consumer products for potential lead exposures. Find more information online . To…

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  • How can I obtain D-Lead® test kits?

    The D-Lead® test kits are available for purchase from certain distributors and retail outlets. Locate a distributor or retailer online , email [email protected] or call 414-962-3006. Question Number: 23002-16390 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Is lead paint testing required under the Lead Renovation, Repair and Painting (RRP) Rule?

    No. A firm can either assume lead-based paint is present and follow the requirements of the RRP Rule (which requires no testing), or test and if lead-based paint is found follow the requirements of the regulation. Question Number: 23002-32338 Find a printable PDF copy of all frequent questions pertaining to…

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  • Do states require extra Tier II information?

    Do states require additional information on the Tier II report? How can I find out about the state data requirements? Some states do want additional Tier II information; contact your state Tier II administrator to learn specific details. Tier2 Submit includes fields for the additional information requested or required by…

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  • No Street Address Availability Tier II Reporting

    Pursuant to 40 CFR 370.42(d) , Tier II chemical inventory information must include the complete name and address of the location of the facility (including the full street address or state road, city, county, State and zip code), latitude and longitude. If a facility does not have a street address…

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  • PE certification for an FRP if an SPCC impracticability determination is made

    If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part…

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  • What lead test kits are recognized by EPA?

    Answer: EPA recognizes three lead test kits for use in complying with the negative response criterion of the RRP rule. They are the Luxfer Magtech LeadCheck TM kit (for use on ferrous metal, plaster, drywall and wood), the State of Massachusetts kit (for use on drywall, plaster), and the D-Lead®…

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  • Does EPA recognize the Luxfer Magtech LeadCheckTM test kit for use on red paint?

    Yes. EPA recognizes this lead test kit for use on any color paint as long as the lead test kit is used in accordance with the manufacturer’s instructions. Note: 3M has sold the formulation and trademarks related to the 3M™ LeadCheck™ test kits to Luxfer Magtech. EPA recognizes the LeadCheck™…

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  • Tier2 Submit software and confidential chemical location information

    When using EPA’s Tier2 Submit software to comply with the annual Hazardous Chemical Inventory reporting requirement under the Emergency Planning and Community Right-to-Know Act (EPCRA) §312, how can a person withhold confidential chemical location information from disclosure to the public? In order to fulfill the proper reporting under EPCRA, a…

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  • Elements to include in Facility Response Plan

    What key elements should I include in my Facility Response Plan? As you prepare your FRP, be sure that your plan includes the following elements: Emergency Response Action Plan (an easily accessible stand-alone section of the overall plan) including the identity of a qualified individual with the authority to implement…

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  • What are the FRP recordkeeping requirements?

    What FRP recordkeeping requirements must I satisfy? You must maintain the response plan at your facility, along with plan updates reflecting material changes. You must also keep a log of response training drills and exercises. Records of inspections of response equipment must be kept for five years. If you determine…

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  • Under FRP, what is the definition of a qualified individual?

    The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR §112.20(h)(i)). What is the definition of a qualified individual? The relevant statute, CWA 311(j)(5)(C)(ii) requires that the plan identify the…

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