United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
EPA540-R-98-022
OSWER9205.5-18A
PB98-963 230
June 1998
&EPA
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
CERCLA and EPCRA
Release Reporting
Requirements
(CERCLA §103 and EPCRA §304)
Updated February 1998
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DISCLAIMER
This document was developed by Booz, Allen & Hamilton Inc. under contract 68-
WO-0039 to EPA. It is intended to be used as a training tool for Hotline specialists
and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of
EPA's regulations or policies. This document is used only in the capacity of the
Hotline training and is not used as a reference tool on Hotline calls. The Hotline
revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position
of the Agency. This document is not intended and cannot be relied upon to create
any rights, substantive or procedural, enforceable by any party in litigation with the
United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free from the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time, Monday through Friday,
except federal holidays.
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CERCLA AND EPCRA RELEASE
REPORTING REQUIREMENTS
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 Definitions 4
2.2 How Reporting Is Triggered 4
2.3 Release 5
2.4 Hazardous Substances 7
2.5 Extremely Hazardous Substances 11
2.6 Into the Environment 12
2.7 Vessel or Facility 13
2.8 Reportable Quantities 14
2.9 Within a 24-Hour Period 17
2.10 Reporting Procedures 18
3. Special Issues 21
3.1 Continuous Releases 21
3.2 Disposal at RCRA Facilities 23
3.3 Substances Which Change After Release 24
3.4 Transportation-Related Releases 24
4. Module Summary 25
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CERCLA and EPCRA Release Reporting Requirements -1
1. INTRODUCTION
The release reporting requirements set out in the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning
and Community Right-to-Know Act (EPCRA) enable federal, state, and local
authorities to effectively prepare for and respond to chemical accidents. CERCLA
requires the person in charge of a vessel or facility to immediately notify the
National Response Center when there is a release of a hazardous substance in an
amount equal to or greater than the reportable quantity (RQ) for that substance
(CERCLA §103(a)). In order to ensure proper and immediate responses to potential
chemical hazards, EPCRA also requires facilities to notify State Emergency Response
Commissions and Local Emergency Planning Committees of releases of hazardous
substances and extremely hazardous substances when the release equals or exceeds
the RQ (EPCRA §304(a)). This module reviews the regulations found at 40 CFR Part
302 promulgated pursuant to CERCLA §103, and the regulations found at 40 CFR
§355.40 promulgated pursuant to EPCRA §304. These systems for reporting releases
help ensure accountability for cleanup, provide data for regulatory and public policy
purposes, and promote emergency planning.
The goal of this module is to explain the notification requirements triggered by
releases of CERCLA hazardous substances and EPCRA-designated extremely
hazardous substances (EHSs). Specifically, when you finish this training session you
should be able to:
• Provide the statutory basis and purpose for reporting CERCLA hazardous
substance and EHS releases
• Cite the definitions of "release," "hazardous substance," "extremely
hazardous substance," and "facility," and list the exclusions appropriate to
each definition
• Determine whether an RQ has been exceeded for multiple releases,
mixtures, and RCRA hazardous wastes
• Provide the Federal Register citation and explain the methodology for
adjusting RQs
• Cite the reduced reporting requirements for continuous releases and
explain the differences between continuous release reporting under
CERCLA and EPCRA.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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2 - CERCLA and EPCRA Release Reporting Requirements
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 3
2. REGULATORY SUMMARY
The primary purpose of both CERCLA and EPCRA release reporting requirements is
to notify various levels of government of potential hazards so that the necessary
response actions can be taken in a timely fashion to ensure maximum protection of
human health and the environment. EPA does not necessarily take enforcement
action against releasers, but may take action against those who fail to provide the
required notification. These notifications assist EPA in identifying releases that may
eventually require a Superfund removal action or a long-term remedial cleanup.
This module addresses the regulations promulgated pursuant to CERCLA §103 (a)
and EPCRA §304 that require the reporting of hazardous substance and EHS releases.
For each hazardous substance and EHS identified, a reportable quantity (RQ) of 1, 10,
100, 1000, or 5,000 pounds has been designated. In the event that there is a release
equal to or greater than the designated RQ within a 24-hour period, a notification
must be made to the National Response Center (NRC), State Emergency Response
Commission (SERC), and Local Emergency Planning Committee (LEPC), as
appropriate.
The agencies notified in the event of a reportable release operate as an emergency
response network to deploy appropriate emergency assistance in the event of a
chemical release. The NRC, located at the United States Coast Guard (USCG)
Headquarters, is the national communications center continuously manned for
handling activities related to response actions. The NRC acts as the single federal
point of contact for all pollution incident reporting. SERCs and LEPCs, established
under EPCRA, are dedicated to emergency response on the state and local levels.
Membership in these entities includes firefighters, law enforcement personnel,
elected state and local officials, environmental specialists, and other emergency
response personnel.
Since the goals of CERCLA and EPCRA are not the same, the release reporting
requirements differ slightly between the two laws. CERCLA is a federal program
designed to clean up abandoned hazardous waste sites. The release notifications
provided under CERCLA §103 help EPA identify sites that potentially warrant a
response action. In contrast, EPCRA provides state and local governments with the
necessary information to develop emergency response plans and to inform citizens
of potential risks. Due to these underlying differences in purpose, CERCLA release
notifications are provided to the NRC, whereas EPCRA notifications are provided to
SERCs and LEPCs. In order to fully understand release reporting, however, CERCLA
§103 and EPCRA §304 requirements must be learned concurrently. The important
distinctions between the two programs will be discussed throughout this module.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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4 - CERCLA and EPCRA Release Reporting Requirements
2.1 DEFINITIONS
Familiarity with the following terms is key to understanding this module.
FACILITY
CERCLA defines facility as any building, structure, installation, equipment, pipe or
pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance
has been deposited, stored, disposed of, or placed, or otherwise come to be located.
Facility does not include any consumer product in consumer use or any vessel
(CERCLA §101 (9)).
The definition of facility under EPCRA is not identical to that under CERCLA.
EPCRA defines facility as all buildings, equipment, structures, and other stationary
items which are located on a single site or on contiguous or adjacent sites and which
are owned or operated by the same person. The definition of facility also includes
motor vehicles, rolling stock, and aircraft (EPCRA §329(4)). The implication of the
differences between these two definitions is explored in this training module.
RELEASE
A CERCLA release is defined as any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the
environment, including abandonment or discarding of barrels, containers, and
other closed receptacles containing any hazardous substance, pollutant, or
contaminant (40 CFR §302.3 and CERCLA §101(22)).
Under EPCRA, a release is defined similarly to CERCLA's release definition, except
that the EPCRA definition also includes releases of hazardous chemicals and EHSs
(40 CFR §355.20 and EPCRA §329(8)).
REPORTABLE QUANTITY (RQ)
In order for a release of a hazardous substance or EHS to be reportable, a certain
amount must be released into the environment within a 24-hour period. This
amount, called the "reportable quantity," triggers emergency release notification
requirements.
2.2 HOW REPORTING IS TRIGGERED
There are certain criteria that must always be met to trigger notification to the NRC,
SERC, and LEPC. The criteria under CERCLA are slightly different than those under
EPCRA because the goals of the two programs are different. There are conditions
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 5
applicable to each law that must be met in order to trigger reporting. Each condition
is discussed in detail.
There are five specific conditions that must be met to trigger the CERCLA
requirement for notifying the NRC. There must be a:
• Release
• Of a hazardous substance
• That equals or exceeds a reportable quantity
• From a vessel or facility
• Within a 24-hour period.
The conditions that trigger notification to the SERC and LEPC under EPCRA are
very similar to the above CERCLA conditions. There are, however, some important
differences. To trigger EPCRA §304 notification there must be a:
• Release with the potential to affect off-site persons
• Of a hazardous substance or extremely hazardous substance
• That equals or exceeds a reportable quantity
• From a facility at which a hazardous substance or extremely hazardous
substance is produced, used, or stored
• Within a 24-hour period.
2.3 RELEASE
The first step in determining if release reporting requirements are triggered is
assessing whether or not a release has occurred. Both statutes define the term
"release" very broadly (as discussed earlier in this module). EPCRA §304, however,
carries the additional requirement that a facility must produce, use, or store a
hazardous chemical in order to have a "reportable release."
RELEASES THAT ARE NOT REPORTABLE
There are several types of releases that are excluded from the requirements of both
CERCLA and EPCRA release reporting. These releases were excluded originally
under CERCLA §101(22) because they are covered by other regulatory programs. The
regulations found at 40 CFR §355.40(a)(2)(v) extend these statutory exclusions under
CERCLA to the release reporting requirements under EPCRA.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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6 - CERCLA and EPCRA Release Reporting Requirements
Exclusions From the Definition of Release
The definition of release in CERCLA §101(22) specifically excludes:
• Emissions from engine exhaust of a motor vehicle, rolling stock, aircraft,
vessel, or pipeline pumping station engines
• Releases of source, byproduct, or special nuclear material from a nuclear
incident covered by financial protection under the Nuclear Regulatory
Commission
• The normal application of fertilizers in accordance with product instructions.
Since these specific scenarios are excluded from the definition of release, they need
not be reported to the NRC, SERC, or LEPC, even if an RQ has been equaled or
exceeded. CERCLA §101(22) also excludes releases in the workplace, but only with
respect to a claim asserted against the employer by a facility worker. Any claims
covered by worker compensation through the Occupational Safety and Health
Administration regulations cannot be filed under CERCLA. The need for
notification, however, must be determined by whether or not a release from a
CERCLA facility or vessel enters into the environment. If a release does not remain
wholly contained within a building or structure, then it is a release into the
environment for CERCLA's purposes, whether or not it occurs within a workplace
(50 FR 13462; April 4, 1985).
Federally Permitted Releases
Federally permitted releases are exempt from reporting requirements (CERCLA
§§103(a) and (b) and EPCRA §304(a)(2)(A)). These exemptions from notification
address a range of situations where releases are regulated under another program or
are outside the scope of EPCRA's and CERCLA's purpose and include the following:
• National Pollutant Discharge Elimination System (NPDES) permits
• Dredge and fill permits (CWA §404)
• RCRA permitted and interim status units
• Underground Injection Control (UIC) permits
• Clean dumping and incineration permits
• Air releases under Clean Air Act (CAA) permits
• Injection of fluids to develop crude oil or natural gas supplies
• Discharges to POTWs in accordance with pretreatment standards
• Releases of nuclear materials under the Atomic Energy Act (AEA).
EPA has proposed regulations that would more specifically define federally
permitted releases, but no final EPA policy has been published on this exemption.
These proposed regulations should not be used as guidance by the Hotline or
regulated community in answering questions about federally permitted releases.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 7
There have been several court cases involving this exemption, but such litigation is
outside the purview of the Hotline. Until the federally permitted release
regulations are promulgated, the scope of the exclusion is defined by the statutory
language found in both CERCLA and EPCRA.
Registered Pesticides
CERCLA §103(e) provides an exemption from release reporting for the application of
pesticide products registered under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This exemption includes the handling and storage of a
pesticide product by an agricultural producer. EPA does not, however, consider the
spill of a pesticide to be either an "application" of the pesticide or in accordance with
the pesticide's purpose. Consequently, such spills must be reported if all additional
criteria are met.
2.4 HAZARDOUS SUBSTANCES
Since CERCLA and EPCRA were written to serve different purposes, there are two
separate, but overlapping universes of chemicals reportable under the two laws.
Only releases of hazardous substances are reportable under CERCLA, whereas
releases of both hazardous substances and EHSs are reportable under EPCRA.
Because EPA was directed by Congress to compile these chemical lists using different
criteria, some chemicals are on both lists and some chemicals appear on one list, but
not the other.
The term "hazardous substance" is defined in CERCLA §101(14) to include a
compilation of substances listed in accordance with certain sections of the CAA,
CWA, RCRA, and TSCA. When a determination is made to regulate a substance
under the CAA, CWA, RCRA, or TSCA, it automatically becomes a CERCLA
hazardous substance and will be added to 40 CFR Table 302.4. When a substance is
delisted from the CAA, CWA, RCRA, or TSCA lists, the substance remains on the
hazardous substance list unless EPA determines that there is no independent basis
for retaining the hazardous substance listing. CERCLA grants the Administrator of
EPA the authority to automatically add new substances to the list of hazardous
substances codified in 40 CFR Table 302.4. For example, if a substance was identified
as potentially dangerous and was not defined as a hazardous substance pursuant to
§101(14), the Administrator has the authority to designate that substance as
hazardous and place it in the table in 40 CFR §302.4 (CERCLA §102).
CLEAN AIR ACT
All hazardous air pollutants (HAPs) listed under §112(b) of the CAA are hazardous
substances under CERCLA. When the CAA was amended on November 15, 1990,
189 hazardous air pollutants were added to the HAP list. Several of these substances
were already designated as CERCLA hazardous substances because of their
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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8 - CERCLA and EPCRA Release Reporting Requirements
regulation under other acts. For those that were new to the list of hazardous
substances, a statutory reportable quantity of one pound applied until EPA made
final RQ adjustments on June 12, 1995 (60 FR 30926).
RADIONUCLIDES
Radionuclides are considered hazardous substances under CERCLA because EPA
designated them generically as hazardous air pollutants pursuant to CAA §112(b).
RQs for radionuclides are expressed in curies, not pounds. A curie is a unit that
measures the rate of radioactive decay. Establishing RQs for radionuclides in mass
units such as pounds would be inappropriate because most radiation measurements
and standards are activity-based or dose-based.
CLEAN WATER ACT
The CWA contains two sets of chemicals that are reportable under CERCLA and
EPCRA. Section 307 (a) of CWA designates toxic pollutants that are subject to
pretreatment standards. Section 311(b)(2)(A) of CWA designates elements and
compounds that present an imminent danger to the public health when discharged
into the navigable waters of the United States. All substances designated pursuant
to these two sections are CERCLA hazardous substances.
TOXIC SUBSTANCES CONTROL ACT
Section 7 of TSCA authorizes EPA to commence a civil action for seizure of an
imminently hazardous chemical substance or mixture, or any article containing
such substance or mixture. Any hazardous chemical that EPA has taken action
against pursuant to TSCA §7 would automatically become a CERCLA hazardous
substance. To date, EPA has not designated any hazardous substances pursuant to
TSCA.
RESOURCE CONSERVATION AND RECOVERY ACT
Under RCRA, EPA established four separate lists of hazardous wastes in 40 CFR Part
261,SubpartD:
• Hazardous wastes from nonspecific sources (F list), such as generic wastes
produced by manufacturing and industrial processes
• Hazardous wastes from specific sources (K list), such as wastes from
specifically identified industries (e.g., wood preserving, petroleum refining,
and chemical manufacturing)
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 9
• Commercial chemical products (P and U lists) that are chemical substances
manufactured for commercial or manufacturing use and that consist of the
commercially pure grade of the chemical.
RCRA hazardous wastes that are not specifically listed are identified by the
characteristics of ignitability (I), corrosivity (C), reactivity (R), and toxicity (TC) (40
CFR Part 261, Subpart C). The release of a material that exhibits one or more
characteristics of hazardous waste, but is not specifically listed on the 40 CFR §302.4
table, is reportable provided the material becomes a waste upon release and the
amount released meets the RQ (40 CFR §302.5(b) and 50 FR 13460; April 4, 1985).
As with all other hazardous substances, RCRA listed hazardous wastes (i.e., F, K, P,
and U) and characteristic wastes are reportable if the release equals or exceeds the
designated RQ.
THE PETROLEUM EXCLUSION
Under CERCLA, petroleum products have a statutory exclusion from the definition
of hazardous substance. Not all the exclusions found in CERCLA can be extended to
EPCRA. This particular exclusion applies only to CERCLA hazardous substances, as
explained below.
CERCLA §101(14) excludes certain substances from the definition of hazardous
substance, thus exempting them from CERCLA regulation. These substances
include petroleum, meaning crude oil or any fraction thereof which is not
specifically listed as a hazardous substance. Natural and synthetic gases, or mixtures
of natural and synthetic gases are also excluded. If a release of one of these
substances occurs, CERCLA notification is not required.
EPA interprets petroleum as including those amounts of hazardous substances, such
as benzene, that are indigenous to crude oil or its fractions or that are normally
added during the refining process. Such amounts are part of the petroleum and are
excluded from regulation under CERCLA. Hazardous substances added to the
petroleum or increased in concentration solely as a result of contamination during
use are not part of the petroleum and are not excluded from regulation under
CERCLA. Such amounts of hazardous substances are subject to CERCLA response
authority, liability, and release reporting requirements (50 FR 13460; April 4, 1985,
and OSWER Directive 9838.1, July 31 1987).
Although the petroleum exclusion exempts release of petroleum from CERCLA
§103(a) reporting requirements, it does not exempt a facility from EPCRA §304
reporting requirements. A release of a petroleum product containing an EHS is
potentially reportable under EPCRA §304 if more than an RQ of an EHS is released.
Unlike those hazardous substances in petroleum that are present in naturally
occurring amounts, or are normally added during refining, EHSs in petroleum
products are reportable under EPCRA §304 even if they are indigenous to the
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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10 - CERCLA and EPCRA Release Reporting Requirements
petroleum product (52 FR 13385; April 22, 1987). Therefore, a release of a petroleum
product containing an RQ of an EHS is reportable to the SERC and LEPC.
HAZARDOUS SUBSTANCES THAT ARE NOT REPORTABLE
There are certain types or forms of hazardous substances that are not reportable
under CERCLA or EPCRA, even though they otherwise meet the hazardous
substance listing criteria, as a result of EPA policy determinations. These types of
hazardous substances are not reportable because EPA has determined that a release
of these substances either does not present a substantial endangerment to human
health or the environment or would impose an unnecessary burden on the NRC,
SERCs, LEPCs, and regulated community. The types or forms of hazardous
substances that are not reportable to the NRC, SERCs, or LEPCs are listed below.
Metals
Massive forms of metals, meaning those with a particle diameter of at least 100
micrometers, are not reportable when spilled. A particle size larger than 100
micrometers in diameter cannot pass through an American Society for Testing and
Materials (ASTM) standard 140-mesh sieve (50 FR 13461; April 4, 1985). These
substances are not reportable under CERCLA or EPCRA because EPA has determined
that releases of massive forms of metal would normally not require a response due to
the unlikely inhalation of such large particles. A release of a metal classified as a
radionuclide does not qualify for this exemption, even if the particles meet the size
parameters (54 FR 22526, 22538; May 24, 1989).
Generic Classes of Compounds
Broad generic classes of organic and metallic compounds are listed in Table 302.4
without corresponding RQs. Only a release of those member compounds that are
also specifically listed elsewhere in §302.4 with a corresponding RQ are reportable.
For example, there is no RQ for the broad category of arsenic and compounds, but
there is an RQ of one pound for arsenic disulfide, which is a member of the generic
class. The release of compounds that are not specifically listed, but fall into one of
the broad generic categories, are not reportable because EPA has determined that
assigning an RQ to these particular broad categories may be inappropriate for many
chemicals that fall into that class (50 FR 13461; April 4, 1985). Likewise, none of the
broad generic categories added by the 1990 CAA amendments have an assigned RQ
(60 FR 30926; June 12, 1995). Keep in mind that while the releaser of a broad category
substance does not need to report the release, "a releaser is liable for the cleanup of
releases of hazardous substances which fall under any of the broad, generic classes..."
(50 FR 13461; April 4, 1985).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements -11
Radionuclides
EPA has issued administrative reporting exemptions that apply to certain
radionuclide releases. The following categories of radionuclide releases are exempt
from reporting requirements:
• Releases of naturally occurring radionuclides (e.g., radon) from land holdings
such as parks, golf courses, and other large tracts of land
• Releases of naturally occurring radionuclides from the disturbance of land for
purposes other than mining, such as agricultural and construction activities
• Releases of radionuclides from the dumping of coal and coal ash at utility and
industrial facilities with coal-fired boilers
• Radionuclide releases to all media from coal and coal ash piles at utility and
industrial facilities with coal-fired boilers.
EPA originally granted these administrative reporting exemptions in a final rule on
May 24, 1989 (54 FR 22524), because EPA believed that reporting radionuclide
releases from these four source categories would serve no useful purpose.
Subsequent to the promulgation of that final rule, the U.S. Court of Appeals for the
District of Columbia held that the administrative reporting exemptions were not
properly promulgated because they were issued without sufficient notice and
opportunity for public comment. The court, however, allowed the exemptions to
remain in place while EPA provided the public with notice of, and the opportunity
to comment on, the four aforementioned exemptions. On November 30, 1992 (57
FR 56726), EPA published a proposed rulemaking that provides notice of and
requests comment on the reporting exemptions. EPA published a supplemental
proposed rule in response to issues raised in comments on August 4, 1995 (60 FR
40042). The comment period on this proposed rule ended December 4, 1995 (60 FR
51765; October 3, 1995).
2.5 EXTREMELY HAZARDOUS SUBSTANCES
The EHS list was first developed under the CEPP Interim Guidance as the "acutely
toxic chemical" list and is now found in the regulations at 40 CFR Part 355,
Appendices A and B. This list identifies chemicals that are most likely to induce
serious acute reactions following short-term airborne exposure.
EPA proposed to standardize reporting requirements for substances under both
regulations by designating the EHSs that are not listed under CERCLA (40 CFR
§302.4) as CERCLA hazardous substances. This proposed rulemaking was published
in the Federal Register on January 23, 1989 (54 FR 3388), but has since been
withdrawn from consideration. If the proposed rule had been finalized, releases of
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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12 - CERCLA and EPCRA Release Reporting Requirements
all EHSs would require notification to the NRC, and the liability provisions of
CERCLA §107 would apply. Figure 1 demonstrates how the EHS and hazardous
substances lists are related.
Figure 1
CHEMICAL SUBSTANCE INTERFACE
Hazardous
Substances
on both lists
2.6 INTO THE ENVIRONMENT
A key factor in determining whether a release has occurred is the interpretation of
the phrase "into the environment" found in the definition of release under both
CERCLA and EPCRA. As stated in §101(8) of CERCLA, "the environment" includes
all environmental media (i.e., air, water, land surface and subsurface strata).
Releases to the environment do not include releases that are wholly contained
inside a closed containment structure, such as a building or an enclosed vehicle.
Hazardous substances discharged in buildings or vehicles with active vents or
openings, however, may become releases into the environment. For example, a
spill of a hazardous substance onto a concrete floor of a totally enclosed
manufacturing facility could be released into the environment if part of that
substance seeps into the ground through cracks in the concrete or volatilizes into
the atmosphere via process vents. When a release exceeds or equals the reportable
quantity, the facility is subject to the notification requirements of CERCLA §103 and
EPCRA §304. The meaning of the phrase "into the environment" is a controversial
issue. The CERCLA definition of "into the environment" has not been definitively
interpreted by EPA. Whether a release is considered "into the environment" or not
is decided on a case-by-case basis. There is limited guidance that may help in
answering situation-specific questions.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements -13
INTO THE ENVIRONMENT UNDER CERCLA
A rule issued on May 24, 1989 (54 FR 22524), clarified the definition of "release into
the environment." In this rule, EPA considered the stockpiling of an RQ of a
hazardous substance to be a release. "Any activity that involves the placement of a
hazardous substance into any unenclosed containment structure wherein the
hazardous substance is exposed to the environment is considered a release" (54 FR
22526; May 24, 1989). For example, the placement of an RQ or more of a
radionuclide into an open tank or surface impoundment would constitute a
reportable release. This interpretation, however, was challenged in court (Fertilizer
Institute v. EPA) and was overturned. The U.S. Court of Appeals, D.C. Circuit, ruled
that EPA, by interpreting the term "release" to include placement of a substance into
a structure that is exposed to the environment, violated the statutory intent. The
court ruled that mere exposure of a hazardous substance to the environment
constitutes only the threat of a release unless the substance volatilizes or otherwise
enters the environment. Since the court's decision, there has been no further EPA
interpretation of the phrase "into the environment," so determining what
constitutes "into the environment" is left to be resolved on a case-by-case basis.
INTO THE ENVIRONMENT UNDER EPCRA
The ambiguity of the phrase "into the environment" is not as important under
EPCRA, because the EPCRA release notification requirements, found at 40 CFR
§355.40, stipulate that only releases that have the potential to affect persons beyond
the facility boundaries are reportable. As a result, a release that is reportable under
CERCLA may not be reportable under EPCRA. EPA, however, encourages facilities
to report on-site releases under EPCRA §304 if there is any potential for the release
to migrate off-site (i.e., via groundwater or air pathways).
2.7 VESSEL OR FACILITY
The next step in determining when a release triggers notification is to determine the
origin of the release; that is, whether the release occurred from a facility or vessel.
Under CERCLA, notification is required for releases of hazardous substances from
vessels or facilities. A facility is any building, pipe, landfill, lagoon, motor vehicle,
or other structure listed in CERCLA §101(9). The term "facility" excludes consumer
products in consumer use, such as a spill of paint thinner from a private home (48
FR 23552; May 25, 1983). A vessel is defined as any watercraft or other artificial
contrivance used, or capable of being used, as a means of transport on water
(CERCLA §101 (28)).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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14 - CERCLA and EPCRA Release Reporting Requirements
Under EPCRA, a facility is defined as all buildings, equipment, structures, and other
stationary items located on a single site, or on contiguous or adjacent sites, and are
owned and operated by the same person (EPCRA §329(4)). Vessels are not included
in the definition of facility found in EPCRA §329(4), and thus releases of hazardous
substances from vessels are only reportable to the NRC, not the SERC or LEPC.
Furthermore, EPCRA specifies that a facility must also produce, use, or store a
hazardous chemical to trigger notification.
2.8 REPORTABLE QUANTITIES
EPA has statutory authority to determine an amount for each CERCLA hazardous
substance that, when released into the environment from a facility, requires
notification. Until adjusted by EPA, RQs for CERCLA hazardous substances are fixed
by statute at one pound, unless an RQ has been designated pursuant to a parent
statute (i.e., CWA). The RQs for EHSs that are not also CERCLA hazardous
substances are also fixed at one pound until adjusted by a rulemaking (EPCRA
§304(a)(2)). All reportable quantities are listed in pounds, except those for
radionuclides, which are in curies. RQs for hazardous substances and EHSs are
listed in a table at 40 CFR §302.4 and 40 CFR Part 355, Appendices A and B,
respectively. The RQ level does not reflect whether or not a given release is
hazardous, but rather acts as a trigger for possible governmental response action.
All concurrent releases of the same substance from a particular facility into the
environment must be aggregated to determine if an RQ has been exceeded. Releases
from separate facilities need not be aggregated (50 FR 13459; April 4, 1985).
STATUTORY RQs
Congress established RQs for hazardous substances that are enforceable until EPA
sets a final RQ for the substance. The statutory RQ is one pound (CERCLA §102(b))
for all hazardous substances unless a higher RQ had already been established under
the CWA. The statutory RQ for non-CERCLA EHSs is also one pound (EPCRA
§304(a)(2)). CERCLA §102(a) and EPCRA §304(a)(2) give EPA the authority to adjust
the RQs for hazardous substances and for non-CERCLA EHSs, respectively.
BASIS FOR RQs AND ADJUSTMENTS
Hazardous Substances
Under CERCLA, each hazardous substance is evaluated for six primary criteria:
aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, and
potential carcinogenicity. A primary RQ is set for each criterion. EPA sets
hazardous substance RQs at either 1, 10, 100, 1,000, or 5,000 pounds. The lowest
primary RQ is then evaluated against three secondary criteria — biodegradability,
hydrolysis, and photolysis — which are natural degradation processes. The RQ is
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements -15
raised to the next level if the secondary criteria indicate that the substance will break
down or degrade to a less hazardous substance when released into the environment.
If the degradation product is more hazardous, the RQ value will be lowered to the
RQ of the more hazardous substance. That number then becomes the final RQ. The
methodology for setting RQs is discussed in the May 25, 1983, Federal Register (48 FR
23552). Anytime an RQ is adjusted under CERCLA, it is also adjusted in the CWA
regulations (40 CFR §117.3), if applicable.
Extremely Hazardous Substances
As stated previously, many EHSs are also CERCLA hazardous substances. Releases
of EHSs that are also CERCLA hazardous substances are reportable at the same RQ
level applicable under CERCLA (EPCRA §304 (a) (1)). Until recently, those EHSs that
are not CERCLA hazardous substances (non-CERCLA EHSs) were reported at a one-
pound statutory RQ level. However, a May 7, 1996, Federal Register (61 FR 20473)
adjusted the RQs for non-CERCLA EHSs, making the RQs the same as the threshold
planning quantities (TPQs) assigned to those substances. Although the RQs and
TPQs trigger two distinct notification requirements, both quantities are based on the
possibility of harm from the release of a specific substance. Therefore, EPA believes
it is appropriate to use the EPCRA §302 TPQs assigned for emergency planning
purposes to set RQs for EPCRA §304 release notification purposes.
CWA MIXTURE RULE
Most hazardous substances and EHSs produced, used, or stored by facilities do not
exist in pure forms, but are found in mixtures or solutions. There are special rules
that facilities must follow when determining the RQ for releases of mixtures or
solutions.
If a mixture of hazardous substances or EHSs is released and the concentration of all
hazardous substances and EHSs in the mixture are known, the CWA mixture rule
may be used to calculate whether an RQ of any hazardous substance or EHS has been
released. RQs of different substances are not additive. This means that spilling a
mixture containing half an RQ of one hazardous substance or EHS, and half an RQ
of another hazardous substance or EHS does not add up to trigger reporting
requirements.
To use the CWA mixture rule, the releaser must calculate the amount of each
hazardous substance or EHS that has been released. For instance, a release of 100
pounds of a mixture that is 40 percent acrylonitrile would be equivalent to a release
of 40 pounds of acrylonitrile. This release would not be reportable, since the RQ for
acrylonitrile is 100 pounds. If there is more than one hazardous substance or EHS in
a mixture, the releaser must check the RQ for each substance. The release must be
reported if the RQ for any hazardous substance or EHS has been met or exceeded. If
the concentrations of the hazardous substances or EHSs are unknown, reporting is
required when the total amount of the mixture released equals or exceeds the RQ for
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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16 - CERCLA and EPCRA Release Reporting Requirements
the component with the lowest RQ (40 CFR §302.6 and 54 FR 33418; August 14, 1989).
The April 4, 1985, Federal Register (50 FR 13463) discusses the CWA mixture rule in
detail.
The CWA mixture rule can be particularly confusing when applied to RCRA
hazardous wastes. The following sections explain the application of the mixture
rule to listed and characteristic hazardous wastes.
DETERMINING RQs FOR RCRA WASTES
RCRA has identified listed and unlisted wastestreams that are regulated as
hazardous wastes and thus regulated as CERCLA hazardous substances. The RQ for
each RCRA hazardous wastestream is listed in 40 CFR §302.4.
RCRA wastes may be treated as mixtures only if all hazardous components and their
concentrations in the mixture are known. Otherwise, the RQ for the wastestream
must be used. The CWA mixture rule also applies to unlisted characteristic wastes if
the concentrations of all the constituents in the waste are known.
F- and K-Listed Hazardous Wastes
As with all releases of CERCLA hazardous substances and EHSs, F- and K-listed
RCRA hazardous wastes are reportable if the spill of the waste equals or exceeds the
designated RQ. Persons in charge of vessels or facilities can apply the CWA mixture
rule to RCRA F- and K-listed wastestreams if the concentrations of the hazardous
constituents within the waste are known. If the concentrations of the substances
within a listed hazardous waste are unknown, the RQ of the specific listed
hazardous waste applies. For example, if a release of F001 occurred and the
concentrations of the constituents in the waste were unknown, the RQ for the
wastestream (10 pounds) would apply. By contrast, if the person in charge can
determine that the F001 hazardous waste contains 50 percent 1,1,1-trichloroethane
and 50 percent water, the CWA mixture rule can be applied. Since 1,1,1-
trichloroethane has a 1,000-pound RQ, in this example the spill is not reportable
until 2,000 pounds are released.
P- and U-Listed Hazardous Waste
The definition of hazardous substance in CERCLA §101(14)(C) incorporates all
RCRA hazardous wastes, including commercial chemical products listed in 40 CFR
§261.33(e) and (f). Under RCRA, in order for a material to be defined as a
commercial chemical product and to receive a P or U hazardous waste code, the
material has to be an unused product in which the chemical is the sole active
ingredient. These hazardous wastes, in addition to all other RCRA hazardous
wastes, are listed as hazardous substances under CERCLA. Releases of these P and U
hazardous wastes, listed in Table 302.4, are reportable when the designated RQ is
equaled or exceeded. It is important to remember that the RCRA regulatory
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements -17
parameters for commercial chemical products do not apply to individually listed
CERCLA hazardous substances. For example, a release of amitrole (U011) need not
meet the unused, sole active ingredient restrictions that are applied to RCRA
commercial chemical products in order to be reportable, since amitrole is specifically
listed as a hazardous substance. Releases of amitrole are reportable when the release
equals or exceeds 10 pounds.
RCRA Characteristic Wastes
Unlisted wastes exhibiting the characteristics of ignitability, corrosivity, and/or
reactivity (ICR) have a RQ of 100 pounds. If a waste known to be hazardous solely
because of the characteristic of ignitability was released into the environment, the
RQ would be 100 pounds. If an unlisted ICR waste is analyzed and the
concentrations of all of its hazardous components are identified, the waste is no
longer an unlisted waste, but one characterized by its components. Therefore, the
RQ of the specific listed components of the hazardous substance can be used to
determine when reporting is required. For example, if a waste is known to be
corrosive solely because of its sulfuric acid content, and no other ICR characteristics
are present, the RQ of the waste is reached when 1,000 pounds of the sulfuric acid
are released. If the corrosive waste is a 25 percent solution of sulfuric acid in water,
in this example the RQ of the waste is not reached until 4,000 pounds of the waste
are released (50 FR 13456; April 4, 1985).
Toxicity characteristic hazardous wastes (D004-D043) are hazardous substances under
CERCLA and are listed with their applicable RQs in Table 302.4 under "Unlisted
Hazardous Wastes: Characteristic of Toxicity." Unlike other unlisted hazardous
wastes (ICR), toxicity characteristic hazardous wastes have reportable quantities
specific to the contaminant on which the characteristic of toxicity is based (e.g., lead
or selenium). If the composition of a wastestream can be determined, then the
waste is no longer an unlisted waste, and the CWA mixture rule would apply. The
test used to determine the toxicity characteristic, the Toxicity Characteristic Leaching
Procedure (TCLP), measures the concentrations within a leachable extract of a waste
sample, not total concentrations of all the substances in a wastestream. Accordingly,
data gathered when conducting a TCLP will not automatically provide an
owner/operator of a facility with the total composition of a waste. Should the
owner/operator have measures of the total concentrations of the hazardous
constituents in the waste from another test or through application of knowledge,
the CWA mixture rule would apply.
2.9 WITHIN A 24-HOUR PERIOD
The last element of the trigger indicating when a release is reportable is whether an
amount of the hazardous substance or EHS equaling or exceeding the RQ is released
over a 24-hour period. Under EPCRA §304(a), releases of EHSs are only reportable if
they occur in a manner that requires, or would require, notification under CERCLA
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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18 - CERCLA and EPCRA Release Reporting Requirements
§103(a). EPA has interpreted this provision to mean the 24-hour period policy
under CERCLA is also applicable under EPCRA. This time frame refers to the time
period over which a release is to be measured; it does not mean that one has 24
hours in which to report the release (50 FR 13463; April 4, 1985). Reporting to the
NRC, SERC, and LEPC must occur immediately upon the discovery that an RQ has
been exceeded.
2.10 REPORTING PROCEDURES
The NRC, SERC, and LEPC must be notified when there is a release of an RQ of a
hazardous substance or EHS into the environment according to CERCLA §103 (a)
and EPCRA §304. The purpose of the notification is to alert government officials
that an emergency response may be needed to protect human health and the
environment. The decision to respond to a reported release is made on a case-by-
case basis. Reporting a release does not free the responsible party from liability for
cleanup costs (50 FR 13459; April 4, 1985).
MECHANICS OF NOTIFICATION
To fulfill the requirements under CERCLA §103(a), the person in charge of the
vessel or facility must report the release of a hazardous substance to the NRC at
(800) 424-8802, as soon as it is determined that an RQ has been released into the
environment within a 24-hour period (40 CFR §302.6). Upon receipt of the report,
the NRC will notify the on-scene coordinator (OSC) at the appropriate EPA Regional
office or U.S. Coast Guard district office. The OSC informs state and local officials
and decides on the federal government's response.
In order to meet the requirements under EPCRA §304, the owner or operator of a
facility must report releases of hazardous substances and EHSs to the SERC and
LEPC immediately. The notice to the SERC and LEPC must include (40 CFR
§355.40(b)(2)):
• The chemical name or identity of any substance involved in the release
• An indication of whether the substance is an EHS
• An estimate of the quantity released into the environment
• The time and duration of the release
• The medium or media into which the release occurred
• Any known or anticipated acute or chronic health risks associated with the
emergency and, where appropriate, advice regarding medical attention
necessary for exposed individuals
• Proper precautions to take as a result of the release, including evacuation
(unless such information is readily available to the community emergency
coordinator pursuant to the emergency plan)
• The names and telephone numbers of the person or persons to be contacted
for further information.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements -19
EPA strongly recommends that facilities indicate the location of the incident in the
initial notice, but this is not a regulatory requirement.
As soon as practicable after a release that requires notice under EPCRA §304, the
owner or operator of the facility is required to submit a written follow-up notice (or
notices, if necessary) to the affected LEPCs and SERCs (40 CFR §355.40(b)(3)). This
report must contain all information required in the initial notice, plus any updated
and additional information with respect to actions taken to respond to and contain
the release, known or anticipated acute or chronic health risks associated with the
release, and where appropriate, advice regarding medical attention necessary for
exposed individuals (52 FR 13396; April 22, 1987). EPA strongly recommends that
the cause of the release be reported in the follow-up notice. Figure 2 depicts the
notification requirements under both CERCLA and EPCRA.
NEWSPAPER NOTICE
The owner or operator of any vessel or facility from which a hazardous substance
has been released must "provide reasonable notice to potential injured parties by
publication in local newspapers serving the affected area" in addition to the NRC
notification (CERCLA §lll(g)). This is a statutory provision that has not yet been
clarified in specific regulations.
EMERGENCY RESPONSE NOTIFICATION SYSTEM
When a person calls to report a release, the NRC asks a series of questions. The
information is loaded into the Emergency Response Notification System (ERNS).
ERNS is a database and retrieval system used to track information relating to
notifications of oil and hazardous substances. The database provides a direct source
of data that can be used to analyze notifications and spills, support emergency
planning efforts, and assist decision-makers in developing spill prevention
programs.
EPA's Emergency Response Division Information Line ((202) 260-2342) provides
information on ERNS. ERNS data are accessible electronically through the Right-to-
Know Network (RTK NET) (telnet, rtknet.org; World Wide Web, http://rtk.net;
modem access (202) 234-8570) and through EPA's World Wide Web page at:
http://www.epa.gov/ERNS/
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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20 - CERCLA and EPCRA Release Reporting Requirements
Figure 2
FACILITY REPORTING UNDER EPCRA §304 AND CERCLA §103(a)
RELEASE REPORTING UNDER
CERCLA
40 CFR §302.6
Release
Hazardous Substance
That Equals or Exceeds a
Reportable Quantity
(RQ)
From a Vessel
or Facility
Within a 24-Hour Period
Notify NRC
Immediately
And
Publish Notice in
Local Newspaper
RELEASE REPORTING
UNDER EPCRA
40 CFR §355.40
Release
Potential to Affect
Off-Site Persons
Hazardous Substance or
EHS
That Equals or Exceeds a
Reportable Quantity
(RQ)
From a
Facility
Hazardous Chemicals
Produced, Used, or Stored
Within a 24-Hour
Period
Notify NRC,
SERC, and LEPC
Immediately
And
Written
Follow-up
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 21
3. SPECIAL ISSUES
There are several issues relating to CERCLA and EPCRA release reporting that need
special attention. These topics augment previously discussed material. Knowledge
of these special issues is essential to fully understanding the two programs.
3.1 CONTINUOUS RELEASES
When a release of a hazardous substance or an EHS occurs regularly and in
relatively stable amounts, state and local officials do not have to be notified each
time such a release occurs. These reduced reporting requirements relieve the
burden on the SERC, LEPC, NRC, and regulated community. This type of release,
known as a continuous release, is defined as a release which occurs without
interruption or abatement, and is stable in quantity and rate, or that is routine,
anticipated, intermittent, and incidental to normal operations or treatment
processes (40 CFR §302.8).
To qualify a release for reporting as a continuous release, the facility must establish a
basis for asserting that the release is continuous as defined by the statute. A release
may be reported for a period of time necessary to establish that the pattern of the
release is continuous and stable. If sufficient basis is established for the continuity,
quantity, and regularity of a release, multiple reports are not necessary. Past release
data, engineering estimates, knowledge of a facility's operations, and/or best
professional judgment may be used to establish the pattern of a release. A single
telephone call to the NRC, SERC, and LEPC will alert authorities of a facility's intent
to report a release as a continuous release.
Once a facility has determined that a release qualifies as "continuous," and chooses
that reporting option, there are five kinds of notification required:
• Initial telephone notification to the NRC, SERC, and LEPC
• Initial written notification to the appropriate EPA Regional office, SERC, and
LEPC within 30 days of initial telephone notification
• Written follow-up report to the EPA Regional office one year after initial
written notification
• Immediate reports of any statistically significant increase (SSI) in the release
to the NRC, SERC, and LEPC
• Notification of changes in the source or composition of the release.
An SSI of a release is defined as an increase in the quantity of the hazardous
substance released above the upper bound of the previously reported normal range
of the releases. The normal range is the range of releases occurring over any 24-
hour period under normal operating conditions during the previous year (55 FR
30168; July 24, 1990). The person in charge of a facility must report all SSIs to the
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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22 - CERCLA and EPCRA Release Reporting Requirements
NRC, SERC, and LEPC immediately, and should identify the notice as an SSI. An
SSI is an episodic release, and will be treated as such by the NRC. When releases
continually exceed the upper bound, facilities may modify the range by providing at
least one SSI notification indicating the new range to the NRC, SERC, and LEPC, and
providing a written notification to the EPA Regional offices within 30 days (see
Reporting Requirements for Continuous Releases of Hazardous Substances: A
Guide for Facilities and Vessels on Compliance. OSWER Directive 9360.7-01).
If there is a change in the composition or source (s) of the release, the release must be
treated as a new release for notification purposes. Such changes require the
submission of an initial telephone notification and initial written notification in
order to qualify as a continuous release (40 CFR 302.8(g)(l)).
Continuous release reporting applies to both CERCLA hazardous substances and
EPCRA EHSs; however, the notification requirements differ somewhat.
Continuous release notifications for CERCLA hazardous substances are made to the
NRC, the EPA Regional office, the SERC, and the LEPC as shown in Figure 3. As
shown in Figure 4, continuous release notifications for non-CERCLA EHSs,
including an initial telephone call, the initial written report, and the SSI report, are
made to the SERC and the LEPC.
Figure 3
CONTINUOUS RELEASE REPORTING REQUIREMENTS
FOR CERCLA HAZARDOUS SUBSTANCES
Initial
Telephone
Call
Initial
Written
Report
Follow-up
Report and
Changed
Release
Reports*
Statistically
Significant
Increase Reports
*Reports of changes in information previously submitted, other than a change in source or composition.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 23
Figure 4
WHERE TO SUBMIT CONTINUOUS RELEASE REPORTS FOR RELEASES
OF NON-CERCLA EHSs
Initial
Telephone
Call
Initial
Written
Report
Statistically
Significant
Increase
Reports
*Reports of changes in information previously submitted, other than a change in source or
composition, are not required. Notificiation to the SERC and LEPC, however, is required if there is
a change in the source or composition of the release.
3.2 DISPOSAL AT RCRA FACILITIES
There are two types of RCRA land disposal facilities: Subtitle C hazardous waste
facilities and Subtitle D nonhazardous waste facilities (e.g., municipal solid waste
landfills). The standards to which owners and operators or Subtitle C facilities are
subject are much more stringent than those covering Subtitle D facilities.
EPA has established an administrative exemption from CERCLA release notification
requirements for the disposal of hazardous substances at RCRA Subtitle C
hazardous waste facilities. Because the disposal of wastes into permitted or interim
status facilities is properly documented through the RCRA manifest system, EPA
believes that notification under CERCLA does not provide a significant additional
benefit (50 FR 13461; April 4, 1985). Under EPCRA, releases of hazardous substances
or EHSs are only reportable if they require, or occur in a manner which would
require, notification under CERCLA §103(a). Therefore, disposal of a hazardous
substance or an EHS into a RCRA Subtitle C facility does not require notification
under either CERCLA or EPCRA.
No such administrative exemption exists for releases to RCRA Subtitle D
nonhazardous waste facilities. Therefore, releases of hazardous substances or EHSs
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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24 - CERCLA and EPCRA Release Reporting Requirements
in amounts equal to or greater than an RQ into one of these facilities are potentially
subject to CERCLA and EPCRA release notification requirements.
3.3 SUBSTANCES THAT CHANGE AFTER RELEASE
A release of a substance that rapidly forms a CERCLA hazardous substance upon
release is a reportable event (51 FR 34534; September 29, 1986, Footnote 2). For
example, a metal chloride, which is not specifically listed as a hazardous substance
under CERCLA, readily changes to hydrochloric acid when it comes in contact with
water. Hydrochloric acid is specifically listed as a hazardous substance under
CERCLA and, therefore, must be reported if an RQ or more is released in a 24-hour
period. EPA has not clarified the term "rapidly," nor listed all substances that
rapidly form hazardous substances when released.
3.4 TRANSPORTATION-RELATED RELEASES
Under EPCRA, there are unique provisions for reporting that apply to
transportation-related releases. A transportation-related release means "a release
during transportation, or storage incident to transportation if the stored substance is
moving under active shipping papers and has not reached the ultimate consignee"
(40 CFR §355.40(b)(4)(ii)). The owner or operator of a facility for which there is a
transportation-related release of more than the substance's RQ may meet the
notification requirements of EPCRA §304 by providing the required information to
the local 911 emergency service instead of the SERC or LEPC. If there is no 911
service, the information may be given to the telephone operator (40 CFR
§355.40(b)(4)(ii)). Under CERCLA §103(a), however, even transportation-related
releases must be reported immediately to the NRC.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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CERCLA and EPCRA Release Reporting Requirements - 25
4. MODULE SUMMARY
CERCLA and EPCRA both contain release reporting regulations with similar
provisions. However, because the two laws have different goals, the requirements
are not exactly the same. The CERCLA program is designed to promote federal
cleanup of hazardous substances, whereas EPCRA primarily serves to notify state
and local governments and citizens of potential hazards. The triggers for CERCLA
§103 notification to the NRC and EPCRA §304 notification to the SERC and LEPC are
closely linked. Enacted in 1986, EPCRA broadened the notification provisions of
CERCLA, but did not replace notification to the NRC. Notifying the NRC, SERC, or
LEPC does not relieve a responsible party from any possible liability, nor does it
automatically trigger a response action. Failure to report, however, can result in
severe civil and possible criminal penalties. These enforcement provisions will be
discussed in future modules.
CERCLA and EPCRA are not the only statutes that address spills and releases. Other
laws may also trigger reporting requirements at the time of a release of a hazardous
substance or material. These include:
• The Hazardous Materials Transportation Act (HMTA), administered by the
Department of Transportation (DOT), requires reporting of hazardous
materials releases or accidents
• The Toxic Substances Control Act (TSCA), administered by EPA, requires
reporting of releases of polychlorinated biphenyls (PCBs) (54 FR 33437;
August 14, 1989)
• The Clean Water Act (CWA), administered by EPA, requires reporting of
hazardous substance and oil releases into navigable waters. The Spill
Prevention Control and Countermeasures (SPCC) program was promulgated
under CWA authority.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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