EPA/540/G-91/002
OSWER Directive: 9360.7-04
October 1990
Assessing Reports of
Continuous Releases of
Hazardous Substances
A Guide for EPA Regions
Office of Emergency and Remedial Response (OS-210)
U.S. Environmental Protection Agency
Washington, DC 20460
^gg> Printed on Recycled Paper
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The policies and procedures set forth here are intended as guidance to Agency
and other government employees. They do not constitute rulemaking by the
Agency, and may not be relied on to create a substantive or procedural right
enforceable by any other person. The Government may take action that is at
variance with the policies and procedures in this manual.
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TABLE OF CONTENTS
Page
1. INTRODUCTION i
1.1 Overview of Continuous Release Reporting 2
2. REPORTING REQUIREMENTS FOR CONTINUOUS RELEASES
OF HAZARDOUS SUBSTANCES 3
2.1 Initial Telephone Notification 3
2.2 Initial Written Report 4
2.3 Follow-up Written Report 8
2.4 Notification of Changes 9
2.5 Statistically Significant Increase (SSI) Reports 9
APPENDIX A -- Sample Letters 11
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1. INTRODUCTION
Reporting continuous releases of hazardous
substances that equal or exceed a reportable
quantity (RQ) has been required under the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) since
its enactment in 1980. Section 103(f)(2) of
CERCLA provides that releases of hazardous
substances that are continuous and stable in
quantity and rate may be reported annually or
whenever there is a statistically significant increase
(SSI). Very few reports of continuous releases,
however, have been received to date. From data
available, it appears likely that thousands of
facilities releasing hazardous substances in a
continuous and stable manner at levels that exceed
the RQ are not reporting them appropriately
because the language in CERCLA section
103 (f) (2) is unclear. Certain key terms in the
provision are not defined (i.e., "continuous,"
"stable," "statistically significant increase").
Continuous releases are not federally
permitted, nor are they necessarily risk-free. A
primary purpose of the reduced reporting
provisions for continuous releases under CERCLA
section 103(f)(2) is to eliminate redundant
reporting. Although government response officials
need some notification of hazardous substance
releases that equal or exceed their RQs on a
.continuous basis, they do not need to be notified
each time a "continuous" release occurs to
determine whether a response action is warranted.
The final continuous release reporting
regulation was published on July 24, 1990 (55 FR
30166). This rule became effective September 24,
1990, and is codified at 40 CFR §302.8. In the
final rule, EPA clarifies the key terms in section
103(f)(2) (i.e., "continuous" and "stable"), and the
reporting requirements for such releases. As a
result of this final rule, EPA Regions may receive
a large influx of continuous release reports. It is
important that these reports receive attention as
part of the overall release assessment process.
Each continuous release notification should be
reviewed, and those releases that do pose a risk to
human health and the environment should be
responded to by the government or a responsible
party.
The purpose of this guidance document is to
provide assistance to the EPA Regions by
discussing and making recommendations regarding
the options available for evaluating reports of
continuous releases. The effective implementation
of the continuous release reporting regulation will
depend largely on whether the EPA Regions are
able to fully and easily evaluate the continuous
release reports they receive.
To minimize the burden on limited Regional
resources, and to facilitate implementation of the
continuous release reporting regulation, some
valuable resource tools have been developed for
use by the Region:
• INFORMATION TRACKING
The Continuous Release-Emergency Response
Notification System (CR-ERNS) is a central
depository for all continuous release
information received by the EPA Regions.
Telephone notifications will be transmitted
from the NRC to the EPA Regions, via the
Transportation Systems Center (TSC) in
Cambridge, Massachusetts. These
notifications will automatically be loaded and
stored in CR-ERNS. In addition, EPA
Regional personnel may enter information
from continuous release written reports into
CR-ERNS, and track all continuous release
information that involves a particular facility
or vessel.
H RISK ASSESSMENT MODEL
A computerized risk assessment model called
the Priority Assessment Model or PAM has
been developed and integrated into CR-
ERNS. PAM will automatically take the
information submitted in the continuous
release written reports and derive risk
estimates for three exposure pathways: air,
ground water, and surface water. PAM is
intended to reduce the burden associated with
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reviewing continuous release notifications
submitted to each Regional Office. Using
PAM, the OSC will be able to evaluate in a
rapid, systematic manner the potential threats
to human health and the environment
attributable to the reported hazardous
substance releases.
Thus, the EPA Regions will be able to run
PAM from data previously entered into CR-ERNS
from each written notification. A CR-ERNS/PAM
User's Manual and a Model Documentation
Report are also available. The User's Manual
provides detailed instructions on how to input data
into CR-ERNS and how to access PAM. The
Model Documentation presents the fate and
transport modeling assumptions incorporated into
PAM and explains how to interpret the PAM
reports.
The following informational materials for the
regulated community are also available:
• GUIDANCE PACKAGE
A guidance package has been prepared for
facilities and vessels that includes the following
three items:
• A Guidance Document for the regulated
community on complying with the continuous
release reporting requirements;
• An IBM-compatible diskette that contains
the Continuous Release-Emergency Response
Notification System (CR-ERNS); and
• A User's Manual for CR-ERNS.
The guidance document for facilities and
vessels includes a sample reporting format for
submitting written release information for the
initial and follow-up reports. It also includes
a checklist of the information required in the
written reports and a flow chart illustrating
where industry must submit each continuous
release report:
The IBM-compatible diskette and user's
manual are available for those who prefer to
submit their reports electronically. Facilities
entering information on a diskette will be
submitting the diskette and a hard copy of the
report to the Region. When the Region
receives the diskette, responsible personnel
need only upload the data into CR-ERNS.
The preamble and final rule for reporting
continuous releases have been distributed to each
Regional Office. For convenience, the core
information from the guidance document for
facilities and vessels has been included in this
document. Copies of the complete guidance
package are available by calling the
RCRA/Superfund Hotline at (800) 424-9346 (in
Washington, DC, (202) 382-3000), or the National
Technical Information Service at (703) 487-4600.
It is likely that industry will ask EPA Regional
personnel many questions about the continuous
release reporting requirements. To minimize the
burden on the Region, feel free to refer callers to
the RCRA/Superfund Hotline for answers to
questions concerning the final rule.
1.1 Overview of Continuous Release
Reporting
Under CERCLA section 103(f)(2), a release of
a hazardous substance at or above its RQ that is
"continuous" and "stable in quantity and rate" may
be reported on a reduced basis. The final rule
defines "continuous" as a release that occurs
without interruption or abatement or that is
routine, anticipated, intermittent, and incidental to
normal operations or treatment processes. A
release is "stable in quantity and rate" if it is
predictable and regular in the amount and rate of
emission. Some examples of releases that may
qualify as continuous include releases from
production of a batch of a substance every week or
series of weeks; start-up of a machine on a regular
schedule; and the release of a hazardous substance
in some predictable manner during a production or
treatment process. Some examples of releases that
are not continuous may include unanticipated,
episodic releases such as spills, pipe ruptures,
equipment failures, emergency shutdowns, or
accidents. These episodic releases must be
reported on a per-occurrence basis to the NRC if
they occur at or above their RQ,
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2. REPORTING REQUIREMENTS FOR
CONTINUOUS RELEASES OF HAZARDOUS SUBSTANCES
Although CERCLA section 103(f)(2)
provides for reduced reporting of continuous
releases, it does not eliminate the need to report
such releases. The reporting requirements for
continuous releases are outlined in Highlight 1
below, and then explained more fully.
Highlight 1: Reporting Requirements
Initial telephone call to the NRC,
the state emergency response
commission (SERC), and the local
emergency planning committee
(LEPC).
Initial written report to the EPA
Region, SERC, and LEPC within 30
days of the telephone call.
Follow-up written report to the
EPA Region one year later.
Written notification of changes to
the EPA Region within 30 days of
the change.
Immediate reporting to the NRC,
SERC, and LEPC of statistically
significant increases (SSIs).
2.1 Initial Telephone Notification
To qualify as a continuous release, a facility
or vessel must report a release under CERCLA
section 103(a) for a "period sufficient" to establish
the release as continuous and stable in quantity
and rate. The initial telephone call to the NRC
and the initial written report are to be based on
information covering such a period. So long as the
person in charge of the facility or vessel has a
sufficient basis .to determine that the release is
continuous and stable, there is no need for
multiple calls. The determination may be based on
past release data, engineering judgment, historical
knowledge of the operating processes, or some
other sound technical basis.
The purpose of the initial telephone call is to
alert appropriate government authorities that the
release will be reported under the provisions of the
continuous release reporting regulation. This
initial telephone call must be made to three
separate government authorities: the NRC, SERC,
and LEPC. Initial telephone calls made to the
Regions should be referred to the NRC (see
Highlight 2).
Highlight 2:
Referral to the NRC
Q. What if the person in charge at the
facility or vessel places the initial
telephone call to the Region rather
than to the NRC?
A The Region should direct the person
to call the NRC. The NRC must
assign the facility a case number that
will be used to track the continuous
release reports.
In the initial telephone call, the person in
charge of the facility or vessel must identify the
release as a report of a continuous release at or
above the RQ, and must provide the name and
location of the facility or vessel, the name and
address of its corporate affiliation, the name of the
person in charge of the facility or vessel, and the
name of each hazardous substance released. When
the initial telephone call is received, the NRC will
assign the facility or vessel a CR-ERNS case
number that will be used to track all continuous
release information reported by the facility or
vessel.
The National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) provides that a
telephone notification of a release to the NRC
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must be relayed immediately to 'the appropriate
OSC. In the case of continuous release
notifications, however, EPA and the NRC have
agreed that, given the nature of the initial
telephone calls and the information they contain,
the number of potential calls the NRC may
receive, and the general nature of continuous
releases (i.e., as part of normal operations at a
facility), the NRC will transmit these notifications
electronically through batch transmissions to the
EPA Regions. The EPA Region has no
responsibilities at this notification stage.
2.2 Initial Written Report
Responsibilities of the Regulated Community
Within 30 days of the initial telephone
notification, the person in charge of the facility or
vessel is required to submit an initial written
report to the appropriate EPA Region, SERC, and
LEPC. The continuous release final rule requires
the person in charge to provide specific
information about:
• The identity of the facility or vessel,
including the location and size of
surrounding populations and sensitive
ecosystems;
• Each individual release source,
including the names and quantities of
hazardous substances released from
each source, the normal range and
frequency of the release from the
source, and the environmental medium
affected by the release;
• Each hazardous substance released,
including information about mixtures
containing hazardous substances, an
estimate of the total annual amount of
the hazardous substance released from
all sources during the previous year,
and a brief statement describing the
basis for stating that the release is
continuous and stable in quantity and
rate.
Data and other information substantiating
that the release is continuous and stable in
quantity and rate need not be included in the
report; such information should be kept on file at
the facility or, in the case of a vessel, at an office
within the United States in a port of call, a place
of berthing, or at the headquarters of the business
that operates the vessel.
Recommended Actions
CR-ERNS. Following receipt of a letter, reporting
format, or diskette containing the required
information for the initial written report, the data
should be entered into CR-JERNS under the
facility CR-ERNS case number assigned by the
NRC during the initial telephone notification,
Entering the release data into CRJERNS will
provide other Agency program offices and the
public with access to the information. If the
information is submitted on a diskette, the
accompanying hard copy of the initial report
should be filed for future reference.
There is no specific time frame during which
the EPA Region must review the initial written (or
follow-up) report. The Region has complete
discretion to decide when each continuous release
written report can be reviewed and the associated
risks assessed. The Region may decide, for
example, to review at the same time the written
reports from facilities in a specific geographical
area. In this ' way, the Region may do a
comparative analysis of releases from different
facilities and perhaps even determine the
cumulative risks to persons living within a specific
area.
The Region may wish to use available
contractor support to enter data into CR-ERNS,
to ensure that the reported information is
complete, and to assist in the release evaluation.
Thp EPA Region is not obligated to respond
to a facility's continuous release written report.
Under the final continuous release rule, a facility
may assume that it can continue tq report pn a
reduced reporting basis unless the Region or some
other cognizant government agency contacts the
facility about the continuous release repprts.
Further, it is permissible for the Region to seek
clarification of information in a written report, to
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inspect a facility, or to take any other action if any
submitted information causes concern.
When reviewing the initial report, the EPA
Region should evaluate whether the information
submitted is clear and appears sufficient to
establish the release as continuous and stable. In
particular, the release data should be sufficient to
enable Regional personnel to evaluate the risks to
human health and the environment.
There are several sample letters included in
the Appendix to this document that you may find
useful in corresponding with facilities about
continuous release reports. Sample Letter #1 may
be used when the descriptive information on the
continuity or stability of the release appears to be
insufficient. Sample Letter #2 may be used when
the reported information is incomplete or the CR-
ERNS case number is missing from the
submission. Sample Letter #3 may be used to
request supporting documentation on the
continuous release.
CR-ERNS may also be used to identify
precisely the information that is missing from the
facility's written submission. It is possible to input
partial information into CR-ERNS and to print
out a facility report. The blank areas in the
printout can then be circled or highlighted and
Sample Letter #4 can be used to request the
missing information from the facility.
Toxic Release Inventory Form. Owners or
operators of facilities subject to the requirements
of SARA Title III section 313 may submit a copy
of the Toxic Release Inventory (TRI) form
required under SARA Title III section 313 (along
with certain additional information) in lieu of an
initial written (or follow-up) report.
If facilities submit a TRI form in lieu of the
initial written (or follow-up) report, the following
information will need to be extracted from the TRI
form:
General Information
The complete name of the facility (Part
1 - Section 3.1);
The location of the facility, including
latitude and longitude (Part 1 - Sections
3.1 and 3.6);
The Dun and Bradstreet number (Part 1
- Section 3.7); and,
The name and telephone number of the
person in charge (Part 1 - Sections 2 and
3.3).
Hazardous Substance Information
The name and identity of the hazardous
substance (Part 3 - Sections 1.3 and 1.4);
The Chemical Abstracts Service Registry
Number (CASRN) (Part 3 - Section 1.2);
An estimate of the total annual amount
of the hazardous substance or mixture
released from all sources during the
previous year (Part 3 - Section 5).
Source-Specific Information
The source(s) of the release (Part 3 -
Sections 5.1 - 5.5).
The environmental medium affected by
the release (Part 1 - Section 3.10 and
Part 3 - Section 5).
When entering the information from the TRI
form into CR-ERNS, the EPA Regions may want
to verify that the supplemental information
required to make the continuous release
information complete is supplied by the facility
with the completed TRI form. The continuous
release information required under the final rule to
be submitted with the TRI form includes the
following:
T- The population density within a one-
mile radius of the facility or vessel;
The identity and location of sensitive
populations and ecosystems within a
one-mile radius of the facility or vessel;
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The upper and lower bounds of the
normal range of each hazardous
substance release (in pounds or
kilograms) over the previous year;
The frequency of the release and the
fraction of the, release from each
release source and the specific period
over which it occurs (i.e., the number
of releases per year and the months
during which the release occurs);
A brief statement describing the basis
for stating that the release is
continuous and stable in quantity and
rate; and
A signed statement that the hazardous
substance described is continuous and
stable in quantity and rate and that all
reported information is accurate and
current.
In addition to the above required
information, the following additional information
on the source of the hazardous substance release
and the environmental medium affected by the
release must be submitted by the facility if the
Region elects to use PAM to assess the risks
associated with the continuous release:
If the source of the release is a stack,
the stack height in feet or meters;
If the source is a waste pile, landfill,
valve, tank vent, or other area source,
the surface area or area of the release
source in square feet or meters;
If the release affects a stream, the
stream order or average flow rate in
cubic feet per second;
If the release affects a lake, the surface
area of the lake in acres and the
average depth of the lake in feet or
meters; and
If the release is on or under ground,
the location of any public water supply
wells within a two-mile radius of the
site.
Regional personnel also may want to ensure
that the most recent TRI report has been
submitted so that the evaluation of the continuous
release is not based upon outdated and inaccurate
information.
Priority Assessment Model (PAM). Using the data
previously entered into CR-ERNS from each
written notification, and accessing PAM, Regional
personnel will be able to generate in a rapid and
systematic manner risk-screening information for
each facility that submits a written continuous
release report to the Region. PAM estimates the
risk from an annual release quantity calculated to
be the frequency of the release multiplied by the
upper bound of the normal range of the release
reported by the facility. PAM may be a useful tool
in setting priorities for addressing the most
significant releases first, and will assist the OSC in
identifying continuous releases that may need
further investigation or response.
The data to run PAM will come from Region-
specific environmental data stored in PAM and the
information submitted by the facility or vessel in
the initial (or follow-up) written report. The
environmental data will include hydrogeologic data
(e.g., depth to ground water) by county and air
climatic data (e.g., average wind speed and
direction) from the nearest weather station to the
facility. Chemical data include physical and
chemical fate and transport, toxicological effects,
retardation rates for percolation through soil, and
degradation rates. The Regions may modify the
environmental parameters to reflect facility-specific
data.
Using PAM, the OSC will be able to simulate
contaminant fate and transport in three
environmental pathways: air, surface water, and
ground water. This multimedia approach will
account for the wide variety of release mechanisms
that may be encountered in continuous release
reports, and will provide the necessary information
on human health risks to assist the OSC in
determining the appropriate response to a
continuous release of a hazardous substance. See
the CR-ERNS/PAM Model Documentation Report
for additional information on fate and transport
simulation in the three pathways and for an
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explanation of how the results from PAM will be
reported and can be interpreted.
Response Options. The response options available
to the OSC for continuous releases include all
actions that may be taken in response to episodic
releases:
The OSC may decide that no action is
appropriate;
The OSC may seek clarification of
information in a written report or request
additional information if there are doubts or
questions about the basis reported for
establishing a release as continuous (see
Highlight 3 and the Sample Letters in the
Appendix to this document);
• If the facility has not already done so, the
OSC may request that the facility establish a
release as continuous and stable by reporting
it for some period on a per-occurrence basis
under CERCLA section 103(a);
• The OSC may review the release information
and decide that the quantity released is
potentially hazardous and, despite its
continuity and stability, the release should be
reported on a per-occurrence basis to ensure
opportunity for evaluation of each release
event;
• The OSC may determine that there is no
need for a response, but that the upper
bound of the normal range is too high given,
for example, the characteristics of the
substance being released, the frequency of
the release, or the sensitivity of the location
of the release. He/she could decide that a
specified level below the reported upper
bound of the normal range may minimize the
risk to human health and the environment,
and may require the reporting of any releases'
above a somewhat lower upper bound on a
per-occurrence basis;
• The OSC may decide to perform a site
inspection or field response at the facility or
vessel;
Highlight 3:
Requests for Additional Information
Q. What if the information provided is
insufficient to properly evaluate the
release or is confusing or unclear?
A. The Region may request additional
information or clarification of the
submitted information.
Q. What if the person in charge of a
facility or vessel does not submit the
written report on a timely basis or
does not submit the report at all?
A. If the facility or vessel fails to submit
the initial written notification within
30 days of the initial telephone
notification to the NRC (or the
follow-up report within a year of the
submitted initial report), the EPA
Region may require the information
pursuant to the authority of
CERCLA section 104(e). The
Region also has access to all of the
other enforcement tools under
CERCLA.
See Sample Letters in the Appendix to this
document.
• The OSC may alert a permit program office
or other office that a release from the facility
or vessel merits further evaluation;
• The OSC may decide that a government
response action at the facility is necessary; and
• The OSC may utilize the enforcement tools
provided under. CERCLA for obtaining a
response action by the facility or vessel.
Releases into the Coastal Zone. The continuous
release reporting regulation requires that the
person in charge of the facility or vessel submit an
initial written report and a one-time follow-up
report to the appropriate EPA Region. It is quite
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possible, therefore, that EPA Regions will receive
continuous release written reports from facilities or
vessels discharging hazardous substances into the
coastal zone.
Primary responsibility for evaluating releases
into the coastal zone belongs to the U.S. Coast
Guard (USCG). Copies of written reports
describing releases into the coastal zone, therefore,
should be forwarded to the appropriate USCG
Regional Office. This is particularly important
because the NRC will notify the USCG directly
about any SSI reports or other episodic release
reports they receive from facilities and vessels
within the USCG's jurisdiction. The written
continuous release reports will provide the USCG
with valuable baseline information that can be
used to evaluate the episodic release event. It is
quite conceivable that the USCG would come to a
different conclusion regarding the risks from the
episodic release, if he/she knew that the hazardous
substance has been released in the past on a
continuous basis. It is important, therefore, that
the USCG be kept informed about reports
received from facilities or vessels that may fall
within their jurisdiction.
2.3 Follow-up Written Report
Responsibilities of the Regulated Community
Within 30 days of the first anniversary date of
the initial written notification, the person in charge
of the facility or vessel is required to reassess all
reported continuous releases and submit a one-
time, written follow-up report to the EPA
Regional Office. Unlike the initial telephone and
written notifications which are submitted by the
facility or vessel to state and local authorities as
well as to the NRC, the person in charge of a
facility or vessel is required to submit the one-
time, written follow-up report only to the Regional
EPA Office. It is possible, therefore, that SERCs
or LEPCs will call the EPA Regions to request
copies of the follow-up written notifications.
The information 'required in the written
follow-up report is identical to the information
required in the initial written report, but the
follow-up report should be based on release data
gathered over the year. Because the initial written
report is required within 30 days of the initial
telephone call, and may be based on estimates of
release information over a period of years, the
information contained in the initial report may not
be conclusive. During the period between the
initial report and the follow-up report, however,
the facility will be more aware of what must be
reported in the follow-up report and can be
expected to gather more accurate information
about the release. Although actual monitoring by
the facility is not necessarily required to satisfy the
conditions for reduced reporting under the continuous
release rule, the follow-up report will probably be
more accurate and precise.
After the one-time, follow-up report has been
submitted to the EPA Regional Office, the person
in charge is responsible for reassessing the release
annually, but he/she does not have to notify EPA
unless there is a change in the release information
previously reported. The person in charge,
however, must maintain documentation of each
annual evaluation, even if there are no changes in
the information previously submitted.
Recommended Actions
After the follow-up report is received, the
information should be entered into CR-ERNS and
the risks assessed using PAM. Unless there are
changes in the release situation, the Region will
not receive any reports from the facility once the
written follow-up report has been submitted. If
the Region for any reason suspects that annual
evaluations are not occurring, or that previously
submitted information is not being updated
properly, the Region may request documentation
from the person in charge indicating that annual
evaluations have been performed at the facility.
(See Sample Letter #3.)
It may be useful to check or verify continuous
release supporting documentation, including
documentation on the annual assessments, during
ad hoc facility inspections or during program
reviews or permit development .negotiations.
Facilities must provide this documentation upon
request. CR-ERNS can also be a useful
enforcement tool. Because each report submitted
by a facility will be numbered, CR-ERNS can be
used to identify facilities that have not submitted
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required reports. For example, CR-ERNS can be
used to identify facilities that have not submitted
their initial written notification within 30 days after
making their initial telephone notification.
2.4 Notification of Changes
After the follow-up report is submitted to the
EPA Region, the person in charge of the facility or
vessel is required only to notify the Region in
writing of any changes in the information
previously submitted. Notification of any changes
in the reported information, other than a change
in the source or composition of the release, must
be submitted in writing by the person in charge
within 30 days of determining that the previously
submitted information is no longer valid. One
example of a change in the information previously
submitted, other than a change in the source or
composition, is a change in the frequency of the
release or a change in the name and telephone
number of the person in charge.
If there is a change in the source(s) or
composition of a continuous release, the release is
considered a "new" release. The new release may
pose a hazard that warrants timely evaluation and,
therefore, to report this new release under
CERCLA section 103(f)(2), the facility or vessel
must establish the new release as continuous and
stable in quantity and rate (i.e., call the NRC,
SERC, and LEPC and submit a new initial written
notification and follow-up report).
When submitting a new initial written or
follow-up report, the person in charge of the
facility or vessel should clearly differentiate the
new or changed information from the previously
reported information by either placing a check
mark in the left hand margin, highlighting the new
or changed information, or using some other
means to clearly identify the new information.
This should assist the EPA Region in evaluating
the new information.
Upon receipt of a changed release report, the
Region should evaluate the new information by
accessing CR-ERNS and comparing the
information included in the report to that
previously reported by the facility. Once this
evaluation is completed, the Region should access
PAM to generate new risk estimates based on the
revised information.
2.5 Statistically Significant Increase
(SSI) Reports
If a change at a facility or vessel results in an
increase in the quantity of a release above the
reported normal range, and other reported
characteristics of the release remain unchanged,
the release must be reported immediately to the
NRC, SERC, and LEPC as a statistically
significant increase (SSI) report.
If the release at the facility or vessel exceeds
the normal range several times, the person in
charge may want to amend the normal range to
more accurately reflect current releases. To modify
the normal range, the person in charge must report
at least one release as an SSI, and at the same
time may inform the NRC, SERC, and LEPC. that
the normal range is being modified. Within 30
days of this telephone notification, the person in
charge of the facility or vessel must submit a letter
to the EPA Region specifying the new range for
the release, the reason for the change, and the
basis for asserting that the release is continuous
and stable at the increased quantity.
In accordance with section 300.125 of the
NCP, the NRC will notify the appropriate federal
OSC by telephone immediately following the
telephone call from the facility or vessel reporting
the SSL The SSI should be evaluated in a manner
similar to other episodic releases. The difference
is, however, that baseline data are available about
the hazardous substance release from previously
submitted written reports. Like other episodic
releases, the OSC should evaluate the SSI to
determine whether it poses a risk to human health
and the environment, and whether a response
action should be taken.
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APPENDIX A
SAMPLE LETTERS
SAMPLE LETTER 1
SAMPLE LETTER IF INFORMATION SUBMITTED
IS INSUFFICIENT TO SHOW RELEASE IS
CONTINUOUS AND STABLE
[Date]
[Contact Person]
[Facility Name]
[Facility Address]
Dear [Contact Person]:
Section 103(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), as amended, provides for reduced reporting of releases of hazardous substances that
equal or exceed a reportable quantity (RQ), if those releases are "continuous" and "stable in quantity and
rate." On July 24, 1990, the U.S. Environmental Protection Agency (EPA) promulgated final regulations
specifying the reduced reporting requirements for qualified continuous releases (55 FR 30166). These
regulations became effective September 24, 1990, and are codified in the Code of Federal Regulations at
40 CFR §302.8.
In order for a release to qualify for reduced reporting, it must result from normal operations or
treatment processes. Releases of hazardous substances that result from unanticipated incidents do not
qualify for reduced reporting under CERCLA section 103(f)(2). For example, although pipe ruptures or
equipment failures may release hazardous substances with some regular statistical frequency, unanticipated
incidents by their nature do not produce releases that are continuous or sufficiently regular or predictable
in quantity and rate to satisfy the reporting requirements for continuous releases.
EPA recently received an initial written report from your facility concerning continuous releases of
hazardous substances. Your report does not include sufficient information to enable EPA to determine if
the release of [substance] qualifies as a continuous and stable release under the regulatory definitions (40
CFR §302.8). Consequently, under the authority of section 104(b)(l) and 104(e) of CERCLA, we are
requesting additional information on the release at your facility. [State specific concerns or questions.]
Your completed response should be sent to: [name, title, address],
If you have any .questions concerning this request, please contact [name] at \phone]. Thank you for
your cooperation in this matter.
Sincerely,
[name]
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SAMPLE LETTER 2
SAMPLE LETTER FOR MISSING CR/ERNS CASE NUMBER
AND SUGGESTED USE OF REPORT FORMAT AND DISKETTE
[Date]
[Contact Person]
[Facility Name]
[Facility Address]
Dear [Contact Person]:
The U.S. Environmental Protection Agency (EPA) recently received an initial written report from
your facility concerning continuous releases of hazardous substances. Unfortunately, you neglected to
include your facility's CR-ERNS case number in the report.
Under the continuous release reporting regulations (55 FR 30166; July 24,1990), releases of
hazardous substances that are "continuous" and "stable in quantity and rate" may be reported less
frequently than on a per-occurrence basis, as specified in CERCLA section 103(a). The first step in filing
a report for a continuous release of a hazardous substance is to telephone the National Response Center
(NRC). During that telephone conversation, the NRC will assign a CR-ERNS case number to your
facility. This case number will be used by EPA to track all future correspondence related to continuous
releases from your facility. To comply fully with the continuous release reporting regulations, therefore,
please contact the NRC at (800) 424-8802 to notify them of the hazardous substances being released
continuously from your facility and to obtain a CR-ERNS case number. Your initial written report should
then be resubmitted with your CR-ERNS case number.
For assistance with report filing, EPA has developed a sample reporting format for initial and follow-
up reports which is included in the Industry Guide for Facilities and Vessels. The format is designed to
assist you in completing the written reports and to ensure that all of the required information is included
in the submission. In addition, an IBM-compatible diskette is available to facilitate electronic submission
of the written reports. Please contact the RCRA/Superfund Hotline at (800) 424-9346 (in Washington,
DC, (202) 382-3000), or the National Technical Information Service at (703) 487-4600, to obtain a copy
the diskette and the Industry Guide.
If you have any questions concerning this matter, please contact [name] at \phone]. Thank you for
your cooperation.
Sincerely,
[Name]
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SAMPLE LETTER 3
SAMPLE LETTER TO REQUEST DOCUMENTATION ON
ANNUAL EVALUATIONS PERFORMED AT THE FACILITY
[Date]
[Contact Person]
[Facility Name]
[Facility Address]
Dear [Contact Name]:
According to the records retained by the U.S. Environmental Protection Agency (EPA), your facility
has filed an initial written report and a follow-up report on continuous releases of hazardous substances.
Under the continuous release reporting regulations, 55 FR 30166 (July 24, 1990, codified at 40 CFR
§302.8), the person in charge of a facility must annually reevaluate each reported hazardous substance
release to determine if any changes in the release have occurred that could require modification of
information previously submitted. Although only one written follow-up report must be submitted, each
annual evaluation must be documented.
Pursuant to the authority of section 104(e) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended, you are requested to produce
documentation indicating that annual evaluations have been performed since the filing of your follow-up
report.
Your completed response should be forwarded to: [name, title, address].
If you have any questions concerning this request, please contact [name] at \phone]. Your
cooperation in this matter is appreciated.
Sincerely,
[name]
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SAMPLE LETTER 4
SAMPLE LETTER TO OBTAIN INFORMATION
ON AN INCOMPLETE INITIAL WRITTEN REPORT
[Date]
[Contact Person]
[Facility Name]
[Facility Address]
Dear [Contact Person]:
The U.S. Environmental Protection Agency (EPA) recently received an initial written report from
your facility concerning continuous releases of hazardous substances. We are writing to notify you that
your report lacks important information needed to evaluate the risks from the release.
EPA enters information from each continuous release written notification into the Continuous
Release-Emergency Response Notification System (CR-ERNS). We use CR-ERNS to compile the
submitted information and to print facility reports in a uniform format. Enclosed you will find a copy of
your partially completed CR-ERNS form. Pursuant to the authority of section 104(b)(l) and 104(e) of the
Comprehensive Emergency Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
you are requested to insert the information necessary to complete the enclosed form. This additional
information will enable EPA to evaluate the risks from the continuous release and to determine whether a
government response action is warranted.
Your completed response should be sent to: [name, title, address].
If you have any questions concerning this request, please contact [name] at \phone]. Thank you for
your cooperation.
Sincerely,
[name]
Enclosure
&U.S. GOVERNMENT PRINTING OFFICE: 1991 - 548-I87/20M2
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