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  • Follow-up emergency notice requirements in EPCRA 304 for CERCLA hazardous substances

    Must a follow-up emergency notice be given for a release of a CERCLA hazardous substance which is not an extremely hazardous substance and for which a reportable quantity has not been established under Section 102(a) of CERCLA? In lieu of the emergency release notification required under Section 304(b), Section 304(a)(3)(B)…

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  • How does EPA define a "transportation-related release?"

    EPA defines a "transportation-related release" to mean 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.

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  • Does the CERCLA "petroleum exclusion" apply to EPCRA release notifications?

    Does the CERCLA "petroleum exclusion" apply to release reporting under Section 304 of Title III, since "petroleum including crude oil or any fraction thereof" is exempt from reporting under Section 103 of CERCLA? No. "Petroleum" is exempted generally from CERCLA responsibilities since it is excluded from the definition of a…

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  • What are extremely hazardous substances (EHSs)?

    The Emergency Planning and Community Right-to-Know Act (EPCRA) section 304 release reporting requirements apply to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances and EPCRA extremely hazardous substances (EHSs). What are EHSs? The EHS list was first compiled by EPA, and subsequently incorporated into EPCRA, to identify…

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  • How is an off-site release subject to EPCRA 304?

    How is an off-site release determined to be subject to Section 304 notification requirements? A release need not result in actual exposure to persons off-site in order to be subject to release reporting requirements; potential exposure is sufficient. Any release into the environment above the reportable quantity may have the…

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  • Does an LEPC have to consist of one individual representative from each organization?

    A Local Emergency Planning Committee (LEPC) must be representative of different groups and organizations, as described in Section 301(c). It states that, at a minimum, an LEPC must include "...representatives from each of the following groups or organizations: elected State and local officials; law enforcement; civil defense; firefighting; first aid…

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  • Liability of individuals as members of SERCs and LEPCs

    Can individuals, as members of a state emergency response commission or a local emergency planning committee, be sued and/or be held liable for their commission's or committee's failure to fulfill its EPCRA requirements? Under Section 326, an individual may assert a federal cause of action against a state emergency response…

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  • Are mining and mineral extraction wastes exempt under Section 304?

    No. The release notification requirements apply if the wastes are CERCLA hazardous substances or extremely hazardous substances.

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  • How did EPA determine TPQs for EHSs?

    How did EPA determine threshold planning quantities for extremely hazardous substances? The Agency assigned chemicals to threshold planning quantity (TPQ) categories based on an index that accounts for the toxicity and the potential of each chemical, in an accidental release, to become airborne. This approach does not give a measure…

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  • Is blended (oxygenated) gasoline excluded?

    Does blended (oxygenated) gasoline fall within the scope of the CERCLA petroleum exclusion? Historically, the Agency has interpreted the CERCLA section 101(14) petroleum exclusion to cover crude oil and the crude oil constituents that are indigenous to the petroleum (e.g., xylene), or that are normally mixed with or added to…

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  • Facilities or vessels covered under CERCLA release reporting requirements

    What facilities or vessels are covered under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release reporting requirements? CERCLA section 101(9) defines facility broadly to include any site or area where a hazardous substance is located, but the definition specifically excludes consumer products in consumer use. Vessel is defined in…

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  • Definition of "environment"

    How is the term "environment" defined? CERCLA section 101(8) defines "environment" as "(A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Fishery Conservation and Management Act of 1976…

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  • Choosing the chemical name to list on the List of Hazardous Substances

    How does EPA choose the chemical name(s) to list for each substance on the List of Hazardous Substances at Table 302.4 of 40 CFR 302.4? A single chemical may often be known by several different names. To avoid confusion, the Agency has limited the chemical names listed in 40 CFR…

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  • What items are covered by the term "rolling stock"?

    The definition of "facility" under EPCRA Section 329 states that "(f)or purposes of Section 304, term [i.e., facility] includes motor vehicles, rolling stock, and aircraft." The term "rolling stock" is not defined further. For purposes of EPCRA Section 304, what items are covered by the term "rolling stock"? The term…

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  • Person in charge for CERCLA release reporting

    How does one determine who is the person in charge? Determining who is the person in charge depends on a number of variables, including the specific operation involved, the management structure, and other case-specific considerations. EPA believes that it is unnecessary and impractical for the government to determine the person…

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