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  • Facilities covered under EPCRA 304

    What facilities are covered under EPCRA release reporting requirements? EPCRA section 329(4) defines facility to include stationary structures on a single site, or on contiguous or adjacent sites owned or operated by the same person. For purposes of release reporting under EPCRA section 304 , motor vehicles, rolling stock, and…

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  • CERCLA petroleum exclusion

    What is the CERCLA petroleum exclusion? The term "hazardous substance" is defined in CERCLA section 101(14) to include substances listed under four other environmental statutes (as well as those designated under CERCLA section 102(a)). The definition excludes "petroleum, including crude oil or any fraction thereof," unless specifically listed or designated…

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  • EPCRA 304 Release Notification For Mixtures

    How is release notification handled for mixtures under EPCRA section 304? Similar to the release notification requirements in CERCLA section 103, release notification of a mixture under EPCRA should be in accordance with the Clean Water Act (CWA) mixture rule. If the quantity of all the hazardous constituents of the…

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  • Should the written notification also include results of a facility's inspection?

    Should the written notification also include results of a facility's inspection? An inspection may specify measures to be applied to prevent future releases. While this information is certainly useful in terms of preventing similar releases, it is not required. However, state and local governments may wish to require such information…

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

    Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made? Section 103 of CERCLA requires the person in charge of a facility or vessel, as soon as he or she has knowledge of a release of a…

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  • Release information included in the written follow-up report

    Should the location and cause of an incident be included in the written follow-up report? To be consistent with CERCLA, EPA believes that the location of the releases is always essential for both emergency response and follow-up actions and should be identified in any release notification under Section 304. The…

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  • Does the research laboratory exemption under Section 304 apply to Section 302?

    Since certain chemicals at research laboratories are exempt from the definition of "hazardous chemicals" and thus possibly exempt from release notification requirements under Section 304, can this exclusion be extended to Section 302 planning requirements? EPCRA defines "hazardous chemical" under Section 311 by reference to OSHA regulations. Under Section 311(e)…

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  • Notification Requirements for Refrigerant Release to Air

    If a facility has a release of a refrigerant into the air, are there any regulatory requirements to notify EPA or other government agencies? Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 304 , a facility that has a release of an extremely hazardous substance (EHS) or…

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  • Specific substances excluded under CERCLA petroleum exclusion

    What substances are specifically excluded from CERCLA regulation by the petroleum exclusion? EPA interprets CERCLA section 101(14) to exclude crude oil and fractions of crude oil - including the hazardous substances, such as benzene, that are indigenous in those petroleum substances - from the definition of hazardous substance. Under this…

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  • Reporting radionuclide mixtures if composition is unknown

    How are mixtures of radionuclides reported if the composition of the mixture is unknown? If the composition of the radionuclide mixture is unknown, there are two main possibilities: (1) the identity of the radionuclides is known but the quantities of one or more of the radionuclides released are not; or…

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  • Release of a hazardous substance in an encapsulated form

    Is the release of a Reportable Quantity (RQ) or more of a CERCLA hazardous substance in an encapsulated form reportable? The term "release" is defined in CERCLA section 101(22) as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment…

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  • Liability for damages caused by a release below the RQ

    If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release? Yes. A release of a CERCLA hazardous substance below its RQ does not preclude liability from any damages that may result, including the costs of cleaning up…

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  • CERCLA Release Reporting: CAS Registry Number vs. Hazardous Substance Name

    For the purposes of CERCLA release notification requirements, hazardous substances are listed in 40 CFR 302.4 with a Chemical Abstract Service (CAS) Registry Number. What are CAS Registry Numbers? When determining whether to report a release of a chemical or substance, how should a facility proceed if it appears that…

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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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