United States
                    Environmental Protection
                    Agency
Office of
Solid Waste and
Emergency Response
Publication 9360.7-08FS
September 1992
    SERA       Notification Requirements  for
                     Continuous Releases  of
                     Hazardous  Substances
Office of Emergency and Remedial Response
Emergency Response Division OS-210
                      Quick Reference Fact Sheet
        Section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act
 of 1980 (CERCLA or Superfund), and EPA's implementing regulations (40 CFR 302.8), require the
 person in charge of a facility or vessel to notify government authorities immediately whenever a reportable
 quantity (RQ) of a hazardous substance is released into the environment, so that government response
 officials can evaluate the need for a response action.  In addition to these CERCLA reporting
 requirements, section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (also
 known as Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title HI)), and
 EPA's implementing regulations (40 CFR 355.40), requires the owner or operator of a facility to notify
 state and local authorities immediately of any releases of CERCLA hazardous substances and extremely
 hazardous substances in amounts that equal or exceed an RQ. Finally, CERCLA section 103(f)(2)
 provides relief from the immediate reporting requirements of CERCLA section 103(a) for releases of
 hazardous substances from facilities or vessels that are continuous and stable in quantity and rate. This
 fact sheet discusses the requirements of the continuous release reporting regulations  and addresses many
 key questions concerning their scope and applicability. (For additional information, please see Reporting
 Requirements for Continuous Releases of Hazardous Substances: A Guide for Facilities and Vessels on
 Compliance (Office of Emergency and Remedial Response, October 1990 EPA/540/G-91/003).)
 Introduction

        On July 24, 1990 (see 55 FR 30166, 40
 CFR 302.8), the U.S.  Environmental  Protection
 Agency (EPA) promulgated regulations specifying
 requirements for reporting continuous  releases of
 hazardous substances.   The continuous release
 reporting regulation allows reduced reporting for
 facilities  or  vessels  that release  hazardous
 substances in a continuous and  stable manner.
 This reporting relief applies to the notification
 requirements under CERCLA section 103(a) and
 SARA Title III, section 304.

        CERCLA  section  103(a) requires the
 person in charge of a facility or vessel to notify the
 National Response Center (NRC) immediately if
 that person has knowledge that the amount of a
 hazardous substance released into the environment
 from a facility or vessel over a 24-hour period
 equals  or exceeds an RQ.   The environment
 includes the ambient air, land, surface water, and
 ground water.  The  primary purpose  of these
 notification requirements is to alert government
 officials to releases of hazardous substances that
 may require a timely response action to prevent or
 mitigate damage to human health or welfare or the
 environment.

       SARA Title III, section 304 requires the
 owner or operator of a facility to notify State and
 local authorities  immediately of releases  of
 CERCLA hazardous  substances and  extremely
                                                               Printed on Recycled Paper

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hazardous substances in amounts  that  equal  or
exceed an RQ.
                 Highlight #1

                DEFINITIONS

   Continuous. A continuous release is a
   release that occurs without interruption or
   abatement, or that is routine, anticipated,
   intermittent, and incidental to normal
   operations or treatment processes.

   Routine.  A routine release is a release
   that occurs during normal  operating
   procedures or processes.

   Stable in quantity and rate.  A release that
   is stable in quantity and rate is a release
   that is predictable and regular in the
   amount and rate of emission.
        The purpose of CERCLAsection 103(f)(2)
is  to reduce unnecessary release notifications for
releases   of   hazardous  substances   that   are
continuous  and  stable  in  quantity   and  rate.
Neither the statute  nor the continuous  release
reporting  regulation,  however,  eliminates  the
requirement to  report  altogether.   Continuous
releases are  not  necessarily harmless or risk-free,
and government  response officials need to  receive
information    about   continuous   releases   of
hazardous substances that equal or exceed  an RQ
in  order  to  evaluate  the need  for   a Federal
response action.

ELIGIBILITY  FOR REDUCED REPORTING
UNDER THE  CONTINUOUS RELEASE
NOTIFICATION REQUIREMENTS

        Facilities  or vessels   with   continuous
releases of hazardous substances  may be eligible
for reduced  reporting under  CERCLA  section
103(f)(2)  and  the continuous  release reporting
regulation. A  continuous release  is a release of a
hazardous substance  that  is  "continuous" and
"stable in  quantity and rate"  under the regulatory
definitions codified at 40 CFR 302.8(b).
        A continuous release may be a release that
occurs 24 hours a  day, such as a radon  release
from a stock pile, or a release that occurs during a
certain  process, such  as benzene released during
the production of  polymers,  or a release  of a
hazardous substance from a tank vent each time
the tank is filled.   Some  releases  resulting  from
malfunctions   also   may   qualify  for  reduced
reporting as  continuous  releases  under  section
103(f)(2) if they are  incidental  to  normal plant
operations  or treatment processes, are stable in
quantity and  rate, and  either (1)  occur without
interruption  or  abatement  or  (2) are  routine,
anticipated,  and  intermittent.    For  example,
releases from  malfunctions  that may qualify for
reduced reporting include  fugitive emissions  from
valves that occur at different rates over the course
of a production cycle.
                 Highlight #2

   The  term facility  has  different  regulatory.
   definitions under CERCLA and SARA Title
   III;  for continuous release  reporting, the
   CERCLA definitions apply.

   Facility: A facility is defined as any building
   structure, installation,  equipment, pipe or
   pipeline,   well,  pit,   pond,   lagoon,
   impoundment    ditch,    landfill,    storage
   container, motor vehicle,  rolling  stock, or
   aircraft,  or  any site   or  area  where  a
   hazardous substance  has been  deposited,
   stored, disposed of, or  placed, or  otherwise
   come to be located. [See CERCLA section
   101(9) and 40 CFR 302.3.]

   Vessel:     Vessel   is   defined   as  every
   description  of watercraft  or   artificial
   conveyance used, or capable of being used,
   as a means of transportation on water.  [See
   CERCLA section  101(28)  and  40  CFR
   302.3.1
        The source of a continuous release can be
from a facility or a vessel.  If you are releasing a
hazardous  substance  from several  sources  at a
facility  or   vessel  simultaneously,  you   must
aggregate the release  of the hazardous substance

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across all sources to determine whether an RQ or
more of  the  hazardous  substance  has  been
released.

REPORTING REQUIREMENTS FOR
CONTINUOUS RELEASES

        There is a three step process to reporting
continuous releases under CERCLA and SARA
Title III.  In addition, further notification may be
required if statistically significant increases in the
quantity of a hazardous substance released or other
changes in the release occur.

Initial Telephone Notification

        You must make an initial telephone call to
three separate government authorities: the NRC,
the  State  Emergency  Response  Commission
(SERC),  and the  Local Emergency Response
Committee (LEPC). The initial telephone call will
alert authorities to your intent to report a release
as a continuous release;  be certain your intent is
clear to those receiving your telephone call.  When
you make the initial telephone notification, the
NRC  will assign a case number to your release
report.   This  case  number  will become  the
identifier for your facility or vessel, and is  called
the Continuous Release-Emergency Response
Notification System (CR-ERNS) number.   You
must  use this CR-ERNS  number  on all  future
release  reports  or correspondence  related  to
continuous  releases from your facility or vessel. If
a substance is being released from a number of
different facilities at a site, the person in charge
has the option  of submitting one report for the
entire  site  under one CR-ERNS number,  or a
separate report  for each facility at the site.  If the
latter  option is chosen, a  separate  CR-ERNS
number should identify each separate facility. See
Figure 1 for an  illustration of several release
sources from one facility.
                                             Figure 1
                     Examples of Multiple Release Sources from a Single Facility
  Four Sources of Releases to Air
           at Facility 1
                                >     }
                                 Facility 1: Building
  Facility 2:  Waste Pile
                                Releases to Air
                                from Facility 2
                                                                  Releases to Surface Water:
                                                                  A Fifth Source of Releases
                                                                       from Facility 1

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Initial Written Notification

        Within 30 days of the initial telephone
notification, you are required to submit an initial
written  report to the appropriate EPA Regional
Office.  The purpose of this report is to confirm
your intent to report your release as a continuous
release  under  the  requirements   of  section
103(f)(2),  and to provide officials with sufficient
information about the  release to  enable them to
determine if the release qualifies as a continuous
release  and  to identify  the  potential  risks
associated with the release.  In  addition to this
requirement, releases  of  CERCLA hazardous
substances are  also subject to the provisions of
SARA,   Title   III   section  304,  and   EPA's
implementing regulations codified at 40 CFR Part
355, which require initial  telephone  and written
notifications of continuous release to be submitted
to the appropriate SERC and LEPC.
                 Highlight #3

        REPORTING REQUIREMENTS
         40 CFR 302.8(c) and 355.40(b)

   The reporting requirements for continuous
   releases of CERCLA hazardous substances
   are:

   (1)  Initial notification by telephone to the
       NRC, SERC, and LEPC; and initial
       written notification to the EPA
       Regional Office, SERC, and LEPC;

   (2)  A one-time written follow-up report,
       one year later, to the appropriate EPA
       Regional Office;

   (3)  Immediate telephone notification of a
       statistically significant increase in the
       quantity of a release to the  NRC,
       SERC, and LEPC; and

   (4)  Written notification within  30 days  to
       the appropriate EPA Regional Office,
       SERC and LEPC of any other changes
       in the release.
        The initial written report is divided into
three sections.  The first section contains general
information about the  facility or site, and  the
population around the site. In the second section,
the owner of the facility provides  information
pertaining  to  the source,  type, and amount  of
hazardous   substance   released,   and  the
environmental medium  to which the hazardous
substance is  being released.   The  final section
determines the trigger for reporting statistically
significant  increases  (SSI)  in  the  hazardous
substance release.

        The  initial  written   notification  must
contain information about the identity and quantity
of the hazardous substances  released  from the
source(s) at a facility.  In particular,  you must
identify the upper and lower bounds of the normal
range of each release and the total annual quantity
released  from each source during  the  previous
year.
                 Highlight #4:

       DEFINITION OF NORMAL RANGE
                40 CFR 302.8(b)

             The normal range of a
     continuous release includes all releases
     of a hazardous substance (in pounds or
     kilograms) reported or occurring during
     any 24-hour period under normal
     operating conditions during the previous
     year.  Only releases that are both
     continuous and stable in  quantity and
     rate may be included in the normal
     range.
Follow-Up Report

        Within 30 days of the first anniversary date
of the initial written notification, you are required
to reassess  all reported continuous releases  of
CERCLA hazardous substances and to submit a
one  time,  written   follow-up  report   to   the
appropriate  EPA   Regional   Office.      The
information required  in the  follow-up report is
identical to that  required  in  the  initial written
notification, but it should be based on release data

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and information gathered over the previous year
(i.e., during the period since the submission of the
initial written report). Thereafter, the continuous
release must  be reassessed annually to assure that
information previously submitted has not changed.

Reports of Changed Release

        You  must notify the EPA Regional Office
if there are any changes in a continuous release.
If there is a change in the source or composition
of a continuous  release, the release is considered
a  "new" release  and the reporting process must
begin anew with a telephone call to the NRC and
State and local authorities, and written reports to
the appropriate  EPA Region,  SERC,  and LEPC.
A change in the source(s) or composition of a
release  may  be  caused -by  such   factors   as
equipment modifications or process changes.

        Changes  other  than  those affecting  the
composition  and source of the  release must  be
reported to the  EPA Regional Office in writing
within 30 days of determining that the information
previously submitted  is  no longer accurate.   All
notifications  of changes in releases must include
the  original  CR-ERNS  number assigned to  the
facility  or vessel by the NRC in  the initial
telephone notification.

Statistically  Significant Increase Reports

        A statistically significant increase (SSI) is
any release of a hazardous substance that exceeds
the upper bound of the normal range.  An SSI in
a  continuous release of a hazardous substance
must be reported to the  NRC, SERC, and LEPC
as soon as the person in charge is aware that  the
release exceeds the upper  bound of the normal
range. SSIs are a type of episodic release and are
treated as such by the NRC.  When reporting an
SSI, therefore, the caller  should anticipate that the
NRC will ask for information that  is  similar  to
what is  asked when a person reports  any other
episodic release incident.  Be sure to identify  the
release as an  SSI and provide  the NRC with  the
CR-ERNS  number  previously assigned to your
facility or vessel.

Recordkeeping Requirements

       Supporting materials must be kept on file
for a period of one year and  should substantiate
the normal range of the release, the basis  for
asserting that the release is continuous and stable
in quantity and  rate,  and the other  information
included in the initial written report, the follow-up
report, and the most recent annual evaluation.

EPA RESPONSE TO CONTINUOUS RELEASE
REPORTS

        When EPA receives a facility's continuous
release  information, the  Agency will establish a
record and create a file for your facility or vessel
and enter the information into the  Continuous
Release-Emergency Response Notification System
(CR-ERNS).  EPA also will enter into CR-ERNS
the information you submit in the initial  written
report and the follow-up report, any SSI reports,
and any change notifications.  Information in CR-
ERNS will be stored both at the  EPA Regional
level and at the Transportation Systems Center in
Cambridge, MA.

Assessment

        EPA will  use  CR-ERNS  to perform  a
preliminary assessment to determine if there is a
threat to human health or the environment due to
each continuous release of a hazardous substance.
The potential threat posed by a continuous release
is determined by assessing its toxicity, the quantity
and frequency of the release, its fate and transport
in the environment, and the proximity and nature
of the potentially exposed population.

Regulatory Actions

        EPA has  the  authority to  respond  to
releases of hazardous substances under CERCLA
sections 104 and 106. If EPA has any doubts that
the release is not continuous,  the Agency may
request additional information or require that the
person in  charge of the facility  establish that the
release is continuous by reporting it as an episodic
release  under CERCLA section  103(a)  for  a
specified length  of time.

        EPA also  may  alert a permit program
office or other  office that a release from your
facility or vessel merits further evaluation. Finally,
EPA  may decide to perform a site inspection or
field response at your facility or vessel.

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REPORTING WITH THE CR-ERNS
INDUSTRY DISKETTE

       EPA  has  made available  a  software
package,  the  CR-ERNS Industry Diskette, that
allows the person in charge of a facility to submit
initial   written  notifications   on-diskette   to
appropriate agencies.  In addition, the CR-ERNS
software  allows  the  user  to submit  follow-up
reports,  SSI  reports,  and   change of  release
notifications.

       CR-ERNS  is  "user friendly" and requires
an IBM-compatible personal  computer system to
operate.   The  CR-ERNS Industry Diskette is
available in either  3-1/2" or 5-1/4"  floppy disks.
Besides being  user  friendly, CR-ERNS  offers
several advantages  in comparison  to  submitting
hard- or typed-written notifications to EPA. Some
of the advantages are  provided below:

•      CR-ERNS is structured so that more than
       one release may be recorded at a site;

•      Its use can simplify the recordkeeping
       requirements  for the  person in charge of
       the facility; and

•      CR-ERNS  includes  a detailed chemical
       database to assist users  in  the input of
       hazardous substance data.

       Even  if you  use the Industry Diskette,
however, you  also must provide a signed printed
version of your report to the EPA  Region.  To
obtain a copy  of the CR-ERNS Industry Diskette,
call the National Technical Information Service.

Section V: Sources of Information

       For more detailed information on how to
comply with  the  continuous release  reporting
requirements,  consult  the following documents:

55 Federal Register 30166; July 24, 1990

U.S   EPA,   "Reporting   Requirements   for
Continuous Releases of Hazardous Substances: A
Guide for Facilities and Vessels on Compliance,"
Office  of Emergency and Remedial  Response,
OSWER  Directive 9360.7-01,  October 1990.
U.S.  EPA,  "Continuous  Release    Emergency
Response Notification System: User's Manual for
Industry," Office  of Emergency and Remedial
Response, OSWER Directive 9360.7-02, October,
1990.

To obtain the above documents  or a copy of the
CR-ERNS  Industry Diskette,  contact your EPA
Region.

For initial telephone notifications, call:

        National Response Center (NRC)
        (800) 424-8802
        (202) 267-2675 (Washington DC)

        (TDD) (800) 424-8802

Submit written continuous release notifications to
the EPA Regional Office in your area.

For information on the addresses and telephone
numbers of SERCs and LEPCs, contact:

        Emergency  Planning  and   Community
        Right-to-Know Hotline
        (800) 535-0202
        (703) 920-9877 (Washington DC area)

        (TDD) (800) 553-7672
        (TDD) 486-3383 (Washington DC area)

For   general information  on   the   reporting
requirements for continuous releases of hazardous
substances, contact:

        CR-ERNS  Coordinator
        Emergency Response Division
        13th Floor, Mail Code: OS-210
        1235 Jefferson Davis Highway
        Arlington, VA 22202

For   telephone   inquiries   regarding  general
information on continuous release reporting, call:

        RCRA/Superfund Hotline
        (800) 424-9346
        (703) 920-9810 (Washington,  DC area)

        (TDD) (800) 553-7672
        (TDD) 486-3383 (Washington, DC area)

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                                EPA Regional Superfund Offices
                                                                                        Regional
                                                                                         Offices
Region 9:
Hawaii
American Samoa
Guam
Northern Marianas Islands
Trust Territory of ihc Pacific
                                                                                     1:  Boston
                                                                                     2:  New York
                                                                                     3:  Philadelphia
                                                                                     4:  Atlanta
                                                                                     5:  Chicago
                                                                                     6:  Dallas
                                                                                     7:  Kansas City
                                                                                     8:  Denver
                                                                                     9:  San Francisco
                                                                                     10: Seaiile
EPA, Region 1
Chief, Toxic Substances Control Section
60 Westview Street
New England Regional Laboratory
Lexington, MA 02173
(617) 565-3744

EPA, Region 2
Chief, Response and Prevention Branch
Woodbridge Avenue
Edison, NJ 08837
(201) 321-6656

EPA, Region 3 (3HW-30)
Supervisor, Superfund Removal Branch
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-0992

EPA Region 4
Chief, Title III Section
345 Courtland Street,  N.E.
Atlanta, GA 30365
(404) 347-1033

EPA, Region 5
Continuous Release Coordinator
Emergency & Remedial Response Section
230 South Dearborn Street
Chicago, IL 60604
(312) 353-2000
                                             EPA, Region 6
                                             Chief, Emergency Response Branch
                                             1445 Ross Avenue
                                             9th Floor
                                             Dallas, Tx 75202
                                             (214) 655-6444

                                             EPA, Region 7
                                             Chief, Emergency Response & Spill
                                              Branch
                                             25 Funston Road
                                             Kansas City, KS 66115
                                             (913) 236-3881

                                             EPA Region 8
                                             Continuous Release Coordinator
                                             Emergency Response Branch
                                             One Denver Place
                                             999  18th Street (8HWN-ER)
                                             Denver, CO 80202-2413
                                             (303) 294-7534

                                             EPA, Region 9 (H-8-3)
                                             Continuous Release Coordinator
                                             Emergency Response Branch
                                             75 Hawthorne Street
                                             San  Francisco, CA 94105
                                             (415) 744-2296

                                             EPA, Region 10
                                             Chief, Superfund Response and
                                             Investigation Section
                                              1200 6th Avenue
                                             Seattle, WA 98101
                                             (206)442-1196

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