Fact Sheet Emergency Release Reporting Requirements

This fact sheet was developed to assist facilities with reporting requirements. However, this is only a guide and does not cover all federal reporting requirements. Facility operators are reminded to review this sheet, and regulations before a release occurs. Refer to the Code of Federal Regulations for more details regarding regulations under CAA, CWA, CERCLA, EPCRA, RCRA, and TSCA.

STATUTE	REGULATIONS	INCIDENT	REPORT TO/BY	REPORTING
Clean Air Act	40 CFR 63.10(d)	Startup, shutdown and malfunctions not consistent with procedures in source's plans	EPA Administrator by owner/operator of air emission sources	Within two working days Follow-up: within seven working days
Clean Air Act	40 CFR 70.6	Emergency causing exceedance of emission limitations of permit	Permitting authority by permittee	Within two working days Follow-up not required
Clean Water Act	40 CFR 110.6	Oil discharge (film/sheen/discoloration) to water surface, or shoreline, or violation of water quality standards.	NRC. If not practical then EPA or USCG by person in charge of vessel or facility	Immediately Follow-up not required
Clean Water Act	40 CFR 117.21	Discharge of hazardous substance (equal to or above RQ)	Appropriate govt. agency by person in charge of vessel or facility	Immediately Follow-up not required
Clean Water Act	40 CFR 122.41	Noncompliance which may endanger health and environment (above permit allowance)	Appropriate government agency by permittee	Within 24 hours Follow-up required in five days
Comprehensive Environmental, Response, Compensation, and Liability Act	40 CFR 302.6(a)	Hazardous substance release (Equal to or greater than RQ)	NRC by person in charge of vessel or facility	Within fifteen minutes Follow-up not required
Emergency Planning and Community Right- to-Know Act	40 CFR 355.40	Release of SARA extremely hazardous substance or CERCLA hazardous substance equal to or greater than RQ	LEPC, SERC, or local emergency response personnel (911 in case of transportation related release) by owner/operator	Within fifteen minutes Follow-up required within seven calendar days
Resource Conservation and Recovery Act	40 CFR 262.34, 263.30, 264.56 & .196, 265.56 & .196, 270.14,& .30, 273.17, .37 & .54 279.43 & .53 280.50, .52, .53, .60, &.61	Release, fire, or facility explosion that threatens health outside the facility	NRC/OSC/state/ local /EPA Regional Administrator by emergency coordinator or owner/operator	Within 24 hours Follow-up: varies from 5 to 30 days report to OSC/NRC/EPA Regional Administrator
Toxic Substance Control Act	40 CFR 761.120, 761.125	PCB spill (equal to or greater than 50 ppm) with release to surface water /drinking water supplies/sewers/ grazing lands, etc.	NRC, and EPA regional office of pesticides and toxics by person in charge	Within 24 hours Follow-up: as required by agency

Fact Sheet Emergency Release Reporting Requirements

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