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  • The meaning of the phrase "as soon as practicable" for emergency release notification

    The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance within any 24-hour period triggers the Emergency Planning and Community Right-to-Know Act (EPCRA) emergency release notification requirements ( 40 CFR 355.33 ). A facility must make…

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  • Separate releases of the same hazardous substance

    If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required? All releases of the same substance from a single facility should be aggregated to determine whether an…

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  • Health information language requirements for Section 304 notifications

    The follow-up emergency notice requires the owner or operator of a facility that has released a reportable quantity of a substance requiring Section 304 notification to relate, in a follow-up notice, "any known or anticipated acute or chronic health risks associated with the release." Since general health information is already…

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  • Are pipelines, barges, and vessels subject to release notification?

    Do the Section 304 release notification requirements apply to pipelines, barges, and other vessels as well as to other transportation facilities? Title III (Section 327) does not apply to the transportation of any substance or chemical including transportation by pipeline, except as provided in Section 304. Section 304 requires notification…

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  • Under EPCRA, who is responsible for reporting releases and when must the report be made?

    Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made? Under section 304 of EPCRA, the owner or operator of a facility is required to report immediately to the appropriate State Emergency Response Commissions (SERCs) and Local Emergency…

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  • Does the "federally permitted release" exemption apply fully to state permitted releases?

    No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.

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  • Exceeding "continuous release" amounts

    Are releases above the amount qualifying as a "continuous releases" exempt from Section 304 notification requirements? Because "statistically significant increases" from a "continuous release" must be reported as an episodic release under CERCLA Section 103(a), such releases must also be reported under Section 304 of Title III. Any clarifications or…

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  • Who must report in cases of transportation-related releases?

    In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…

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  • What happens after a facility submits the information about an oil discharge to EPA?

    The EPA Regional Administrator will review the information submitted by the facility and may require a facility to submit and amend its SPCC Plan. Facilities and equipment that qualified for the new streamlined requirements may lose eligibility for those options as determined by the Regional Administrator. A state agency may…

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  • Who is subject to the Discharge of Oil regulation?

    Any person in charge of a vessel or of an onshore or offshore facility is subject to the reporting requirements of the Discharge of Oil regulation if it discharges a harmful quantity of oil to U.S. navigable waters, adjoining shorelines, or the contiguous zone, or in connection with activities under…

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  • Waste streams and the mixture rule

    Where there are several waste streams with the same identification number, is it sufficient to know the average quantities, or the maximum observed quantity, of hazardous constituents of the waste streams in order to apply the mixture rule to all of them? No. The mixture rule provision applies only to…

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  • Responsibility of transportation owners or operators in the event of a release

    What is the responsibility of transportation owners or operators in the event of a spill or release of extremely hazardous substances or CERCLA hazardous substances? Although owners or operators of facilities in transportation or those that store substances under active shipping papers are not required to notify state and local…

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  • Release notification requirements for an EHS generated as by-product

    Pursuant to Section 304(a)(2), the owner or operator of a facility must report to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) any releases of extremely hazardous substances (EHSs) or CERCLA hazardous substances which equal or exceed established reportable quantities (RQs). This requirement only applies…

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  • Spills onto concrete floors inside a building

    A facility has a spill of an extremely hazardous substance in an amount greater than its reportable quantity. The spill occurs on a concrete floor that is inside a facility building. Before the spill can be cleaned up, a portion (less than RQ) of the EHS enters the outside atmosphere…

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  • Reportable quantity calculations for chemicals in abandoned containers

    Must any amount of a listed chemical contained within abandoned or discarded barrels, containers, or other receptacles be considered to determine if a specific reportable quantity has been exceeded under EPCRA Section 304 notification requirements? 40 CFR §355.61 (April 22, 1987, 52 FR 13395 ) defines a release as "any…

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