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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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  • Are written follow-up notifications required after the initial telephone notifications?

    When a facility releases a reportable quantity of a hazardous substance, are there any requirements for written follow-up notification, after the initial telephone notifications, under the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA)? Under EPCRA, an owner or operator must…

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  • Reporting radionuclide mixtures if composition is known

    How are mixtures of radionuclides reported if the composition of the mixture is known? The requirements for reporting mixtures of radionuclides depend on whether the composition of the mixture is known or unknown. If the identity and quantity (in curies) of each radionuclide involved in a release is known, the…

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  • Release notification for release at a Federal facility

    Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Federal facility? Yes. Under CERCLA section 120, all requirements of CERCLA apply to the Federal government in the same manner…

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  • Should location and the cause of incident be included in the the written follow-up?

    Regarding the written follow-up report to an incident, should location of the incident and the cause of the incident be included? The April 22,1987 Federal Register ( 52 FR 13387 ) states that the location of the incident should definitely be included in both the initial and written follow-up reports…

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  • What emergency release information must be reported to a telephone operator?

    An owner or operator of a facility from which there is a release of a substance during transportation or storage incident to transportation may meet the emergency release notification requirement by providing the information specified in 40 CFR §355.42(b) to the 911 emergency operator, or in the absence of a…

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  • Release Reporting Requirements for Hazardous Substances in Mixtures

    How can a facility determine if they must report a release of a mixture containing hazardous substances under CERCLA section 103? If the quantity of all of the hazardous constituents of the mixture or solution is known, a person in charge of a vessel or facility must report a release…

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  • Required information for CERCLA and EPCRA telephone notifications

    Do the CERCLA and EPCRA telephone notifications include the same basic information, such as whether the incident is still ongoing, abatement actions by whatever entities, cause of the accident, injuries caused by the incident if known, amount spilled, etc.? The Agency does not believe that the notification specified in Section…

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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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