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  • Reporting spills of FIFRA registered pesticides

    If a pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is accidentally spilled, must it be reported? Yes. Accidents, spills, improper application, and improper disposal are within the scope of the release notification provisions of CERCLA and must be reported. EPA's interpretation of the pesticide exemption in…

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  • Reportable release time period

    Over what time period must a Reportable Quantity (RQ) of a hazardous substance be released for that release to be reportable? EPA has stated that the period during which the person in charge must measure whether an RQ or more has been released is 24 hours. Reporting must occur immediately…

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  • Release of a RCRA-delisted hazardous waste

    If a company has had its petition to delist a specific Resource Conservation and Recovery Act (RCRA) hazardous waste granted by an EPA-approved State RCRA program, and that company releases this waste in excess of its Reportable Quantity (RQ), is it required to notify the National Response Center (NRC)? Under…

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  • Release notification for disposal into RCRA-regulated facility

    Would disposal of a hazardous substance into a Resource Conservation and Recovery Act (RCRA) Subtitle C permitted facility or interim status facility be reportable? No. The disposal of hazardous substances into a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Where the disposal of…

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  • Is there a concentration cutoff below which it is not necessary to report a release?

    Is there a concentration cutoff below which it is not necessary to report a release, even though a Reportable Quantity (RQ) might have been exceeded over a 24-hour period? No. There are no concentration cutoffs for the RQs (i.e., a lower-bound concentration below which reporting would not be required). Unless…

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  • Reporting Changes (other than source or composition) to a Continuous Release Report

    Pursuant to CERCLA regulations, facilities must submit a continuous release report when they release a CERCLA hazardous substance that equals or exceeds a reportable quantity (RQ) on a continuous basis. Once a continuous release report has been sent to EPA, how does the facility report changes in information other than…

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  • Electronic Submission of Tier II Inventory Information

    Pursuant to the Emergency Planning and Community Act (EPCRA) Section 312, facilities must submit by March 1st every year Tier II inventory information regarding any hazardous chemical present at their facility at any time during the previous calendar year in an amount equal to or in excess of its threshold…

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  • Does Ammonia in Ammonium Hydroxide count toward the EHS threshold for reporting under EPCRA section 312?

    A facility has 9,000 pounds of ammonium hydroxide (19 percent solution) present on site at a given time. For reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, must the amount of ammonia in ammonium hydroxide be counted (and aggregated) towards the reporting threshold for extremely hazardous…

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  • Who Must Develop an Emergency Response Program?

    The risk management program regulations require the owner or operator of a covered stationary source to develop and implement an emergency response program as described in 40 CFR §68.95, which must include an emergency response plan, emergency response equipment procedures, employee training, and procedures to ensure the program is up-to-date…

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  • Applicability of EPCRA 311 and 312 to state and local government facilities

    Are state and local government facilities subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 in states with Occupational Safety and Health Administration (OSHA) approved state plans covering those facilities? The Occupational Safety and Health Act prohibits OSHA from covering state and local government workers…

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  • Clean Water Act (CWA) and CERCLA Hazardous Substance Lists

    What is the relationship between the hazardous substance lists under the Clean Water Act (CWA) and under CERCLA? All CWA hazardous substances and CWA toxic pollutants are CERCLA hazardous substances, whereas only some CERCLA hazardous substances are CWA hazardous substances. CERCLA section 101(14) defines “hazardous substance” by reference to lists…

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  • Using TRI Form R for Continuous Release Reporting

    A facility wants to use the reduced reporting option under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103(f)(2) for releases of hazardous substances that occur in a manner that is continuous and are stable in quantity and rate. Can the Toxics Release Inventory (TRI) Form R be…

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  • Eligibility for Gasoline and Diesel Thresholds at Retail Gas Stations

    If a retail gas station is not fully compliant with applicable Underground Storage (UST) regulations for an underground diesel tank, but is compliant for all gasoline USTs, can it use the 75,000 gallon gasoline UST threshold when determining if a threshold has been exceeded for EPCRA sections 311 and 312…

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  • Determining the amount released for Ammonia and Ammonium Hydroxide for Release Notification Requirements under CERCLA section 103 and EPCRA section 304

    Ammonia (CAS number 7664-41-7) is an Extremely Hazardous Substance (EHS), listed at 40 CFR Part 355 Appendix A and Appendix B with a reportable quantity (RQ) of 100 lbs. Both ammonia and ammonium hydroxide (CAS number 1336-21-6) are listed as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances…

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  • Tier2 Submit software and confidential chemical location information

    When using EPA’s Tier2 Submit software to comply with the annual Hazardous Chemical Inventory reporting requirement under the Emergency Planning and Community Right-to-Know Act (EPCRA) §312, how can a person withhold confidential chemical location information from disclosure to the public? In order to fulfill the proper reporting under EPCRA, a…

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