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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