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.
                                                9

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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]
                                               11

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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]
                                               13

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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]
                                              15

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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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