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  • Are the quantities of different hazardous constituents additive?

    In determining whether a Reportable Quantity (RQ) has been released, are the quantities of different hazardous constituents additive under the mixture rule? No. RQs of different substances are not additive under the mixture rule; releasing a mixture containing half an RQ of one hazardous substance (other than radionuclides) and half…

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  • Emergency release notification and trade secret chemicals

    Question No. 3 of the trade secret substantiation form requires the submitter to list all local, state, and federal government entities to which the submitter has disclosed the specific chemical identity. Does the submitter need to report Section 304 emergency release notification if the submitter had a covered reportable release…

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  • CERCLA reporting requirements for compounds

    How do CERCLA reporting requirements apply to a compound if it is not individually listed but falls under a generic class of compounds? To date, the Agency has not established any RQs for the CWA broad generic classes of compounds that are CERCLA hazardous substances. Therefore, releases of substances that…

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  • Determining quantities / concentrations of hazardous constituents released in waste stream

    Are facilities required to determine the quantities or concentrations of hazardous constituents released within a waste stream that is listed under CERCLA? No. The determination of the exact quantities of hazardous substances released in a mixture, solution, or waste stream may be difficult; such a determination is not required by…

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  • Who is the owner or operator for purposes of EPCRA 304 release reporting?

    Who is the owner or operator? EPCRA section 304 allows either the owner or operator of a facility to give notice after a release. Owners and operators may make their own arrangements concerning which party is to provide release notification; however, under EPCRA section 304 both the owner and operator…

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  • Scope of federally permitted release exemption

    What is the scope of the federally permitted release exemption? CERCLA section 101(10) defines federally permitted releases in terms of releases permitted under a number of other environmental statutes. Releases that are federally permitted are exempt not only from CERCLA section 103 and EPCRA section 304 notification requirements, but from…

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  • Reporting releases to State and local response authorities

    When is a release reportable to State and local response authorities? EPCRA State and local emergency notification requirements apply to the release of a CERCLA hazardous substance or an EHS in an amount equal to or greater than their RQs. EPCRA exempts from State and local reporting releases that result…

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  • Release reporting requirements for radionuclides

    What are radionuclides and what reporting requirements apply to their release? A radionuclide is a type of atom with an unstable nucleus. The atom releases energy by a process of decay called radioactivity. There are approximately 1,500 known radionuclides. All radionuclides are hazardous substances because they are designated generically as…

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  • Release of metal in solid form

    If a metal is released in solid form at or above its Reportable Quantity (RQ), is it considered a reportable release? The Agency allows exclusions for massive forms of certain metals (antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, and zinc) when the diameter of the released…

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  • Mineral spirits excluded from the CERCLA?

    Are mineral spirits considered petroleum derivatives and therefore excluded from the CERCLA definition of hazardous substance? In most cases, yes. CERCLA section 101(14) specifically excludes petroleum from the definition of hazardous substance, consequently petroleum releases are not subject to CERCLA reporting and liability provisions. The petroleum exclusion includes "crude oil…

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  • Definition of Immediate for EPCRA and CERCLA Release Notification

    The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release notification requirements state that any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has knowledge of the release of a hazardous substance in a quantity equal to or exceeding the…

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  • Is replacing a pane of glass or fixing a broken window balancer a renovation covered by the RRP Rule?

    It depends. Replacing a pane of glass or fixing a broken window balancer can disturb paint. If the job disrupts more than six square feet of painted surface per room, the job is not considered minor repair and maintenance and it is covered by the RRP Rule. When removing a…

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  • CERCLA Hazardous Substances Defined

    CERCLA section 103 release reporting requirements apply to "hazardous substances." How are CERCLA hazardous substances defined? The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defines "hazardous substance" by reference to the following authorities: Clean Water Act (CWA) section 311 (“CWA Hazardous Substances”), CWA section 307(a) (“CWA Toxic Pollutants”), Clean…

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  • Release notification requirements for releases of aqueous film forming foam

    Aqueous Film Forming Foam (AFFF), a substance commonly used by firefighters, contains ethanol, 2-(2-butoxyethoxy) which is categorized as a glycol ether. Glycol ethers meet the definition of hazardous substance in CERCLA 101(14) because they are hazardous air pollutants pursuant to 112(b) of the Clean Air Act. In 1990, the Clean…

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  • Who must be notified when a release occurs?

    In the event that a listed Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance or extremely hazardous substance is released in an amount equal to, or exceeding the reportable quantity (RQ) for that substance, the following parties must be notified: Community emergency coordinator for the local or tribal…

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