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Reporting Releases
Quickfinder
Frequent Questions
Determining Responsibility for Reporting
- Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made?
- How does one determine who is the person in charge?
- Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made?
- Who is the owner or operator?
- What facilities or vessels are covered under superfund release reporting requirements?
- What facilities are covered under the Emergency Planning and Community Right-to-Know Act (EPCRA) release reporting requirements?
Who to Notify in the Event of a Release
- Who must be notified of a release under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)?
- Who must be notified of a release under the the Emergency Planning and Community Right-to-Know Act (EPCRA)?
- When is a release reportable to State and local response authorities?
- Are reports made to State and local government agencies relayed to the National Response Center (NRC) and, if so, does the original call satisfy reporting requirements under CERCLA section 103?
- 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 Superfund site during cleanup activities?
- Would the 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?
Determining Responsibility for Reporting
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 hazardous substance in an amount equal to or greater than an RQ, to report the release immediately to the National Response Center (NRC). The NRC number is 1-800-424-8802, or (202) 267-2675 in the Washington, DC area.
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 in charge at all entities affected by CERCLA. The management of the affected organizations should designate the specific individual(s) or position(s) responsible for reporting releases.
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 Planning Committees (LEPCs) when there is a release of a CERCLA hazardous substance or of an extremely hazardous substance (EHS) at or above the reportable quantity.
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 are responsible if no notification is provided.
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 CERCLA section 101(28) as any watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. There are certain types of releases specifically excluded from reporting requirements under CERCLA.
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 aircraft are included in the definition of facility. However, the only covered facilities are those that produce, use, or store a "hazardous chemical." In some circumstances, there are certain types of releases specifically excluded from reporting requirements under CERCLA.
Who to Notify in the Event of a Release
Who must be notified of a release under CERCLA?
One call to the NRC fulfills the requirement to report releases of hazardous substances under CERCLA and several other regulatory programs, including those under the Clean Water Act (CWA) section 311, Resource Conservation and Recovery Act (RCRA), and the U.S. Department of Transportation's Hazardous Materials Transportation Act. If direct reporting to the NRC is not practicable, reports may be made to the EPA predesignated On-Scene Coordinator (OSC) for the geographic area where the release occurred. All such reports must be relayed promptly to the NRC. If it is not possible to notify the NRC or the OSC immediately, reports may be made immediately to the nearest Coast Guard unit, provided that the person in charge notifies the NRC as soon as possible.
Who must be notified of a release under Emergency Planning and Community Right-to-Know Act (EPCRA)?
The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance or of an EHS at or above the RQ. Notice is to be given to both the community emergency coordinator for each LEPC for any area likely to be affected by the release and to the SERC of any State likely to be affected by the release. Notice requirements for transportation-related releases are satisfied by dialing 911 or, in the absence of a 911 number, calling the operator and providing the release information.
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 in exposure to persons solely within the site or sites on which a facility is located. Additional information on what releases are excluded from CERCLA reporting is available.
Are reports made to State and local government agencies relayed to the National Response Center (NRC) and, if so, does the original call satisfy reporting requirements under CERCLA section 103?
Although reports are sometimes passed on to the NRC by State and local government agencies, a person responsible for reporting under CERCLA relies on such state or local "relay" of information at his or her own risk. This relay of information does not automatically satisfy CERCLA reporting requirements and state or local agencies cannot be responsible for an individual's compliance with a Federal statute. CERCLA section 103(a) specifically requires the person in charge of a vessel or facility to report immediately to the NRC a release of a hazardous substance whose amount equals or exceeds the assigned RQ. If the appropriate information is not received within an appropriate timeframe at the NRC, the person responsible for CERCLA reporting still may be found not to have complied with the section 103 notification requirements.
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 Superfund site during cleanup activities?
Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous substance that equals or exceeds its RQ, including a release from a Superfund site (including a Federal facility) that occurs during cleanup activities, must be reported to the NRC. If, however, a release of a hazardous substance from a Superfund site is "continuous" (occurs without interruption, or is routine, anticipated, and incidental to normal operations), the release may be reportable under the reduced reporting provisions of the continuous release reporting regulation.
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 and to the same extent that they apply to any non-governmental entity. Therefore, even if the Superfund site is a Federal facility, the section 103 notification requirements apply.