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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No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.
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…
In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…
How can a facility determine whether it has present an amount of an extremely hazardous substance (EHS) which equals or exceeds the threshold planning quantity (TPQ)? To determine whether the facility has an amount of an extremely hazardous substance which equals or exceeds the TPQ, the owner or operator must…
Is a facility that manufactures household products exempt from reporting under Sections 311 and 312 due to the household products exemption in Title III? Section 311(e) exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or household purposes, or is present…
Are research laboratories and medical facilities exempt from reporting under Sections 311 and 312? Research laboratories and medical facilities are not exempt from reporting requirements under Sections 311 and 312, rather, Section 311(c)(4) of Title III excludes from the definition of hazardous chemical: "Any substance to the extent it is…
If a facility submits a list to comply with Section 311, does the facility have to supply a revised MSDS with significant new information or a new MSDS for substances that become present on-site after the initial reporting deadline and exceed the threshold within three months as required by Section…
A chemical company has one operation in a foreign country and an identical operation in the U.S. For one chemical, they wish to file a trade secrecy claim under Sections 311 and 312. With regard to public disclosure, all non-government entities in the foreign country are bound by a confidentiality…
Where can a facility find their TXT2 Number, Regulated Entity Number, and Customer Number that may be needed to complete the EPCRA Section 312 Chemical Inventory Report (i.e., Tier II report)? TXT2 Numbers, Regulated Entity Numbers, and Customer Numbers are not federally designated or tracked. These number are designed by…
Section 311 is a one-time reporting requirement unless there are any significant changes that affect the information that was already submitted.
An oil company owns many wells on an oil field. Each well is on its own plot of land. These plots are not adjacent or contiguous and, therefore, each well is its own facility. When operating these wells, it is sometimes necessary to inject air or gas into the well…
What is the responsibility of transportation owners or operators in the event of a spill or release of extremely hazardous substances or CERCLA hazardous substances? Although owners or operators of facilities in transportation or those that store substances under active shipping papers are not required to notify state and local…
Does my state accept Tier2 Submit? To find out whether or not your state accepts Tier II submissions created by Tier2 Submit, review the information for your state on the State Tier II Reporting Requirements page.
Under EPCRA §312, Tier II information for any calendar year must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department by March 1st of the following year. What if the March 1st reporting deadline falls on a Saturday or Sunday? Tier…
Where there are several waste streams with the same identification number, is it sufficient to know the average quantities, or the maximum observed quantity, of hazardous constituents of the waste streams in order to apply the mixture rule to all of them? No. The mixture rule provision applies only to…