What Substances Are Covered?

CERCLA section 101(14), as amended, defines "hazardous substance" by referencing other environmental statutes, including:

• CWA sections 311 and 307(a);
• CAA section 112;
• RCRA section 3001; and
• TSCA section 7.

CERCLA section 102(a) also gives EPA authority to designate additional hazardous substances not listed under the statutory provisions cited above. There are currently about 800 CERCLA hazardous substances. In addition, there are approximately 1,500 known radionuclides, approximately 760 of which are listed individually.

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 hazardous air pollutants by CAA section 112 and CERCLA section 101(14)(E) defines the term "hazardous substance" to include CAA hazardous air pollutants. Even though the source of their listing is the CAA, releases of radionuclides to all media - not just to air - are covered by CERCLA's reporting requirements.

On May 24, 1989, EPA issued a final regulation adjusting the statutory RQ for radionuclides. The adjusted RQs for radionuclides are in units of curies (Ci), which provide a measure of the amount of radioactivity emitted by a radionuclide. EPA established the adjusted radionuclide RQs in units of curies rather than pounds (like the RQs for other hazardous substances) because curies better reflect the intrinsic hazard posed by radionuclides and because the unit is more commonly used by people who handle radionuclides. The final radionuclide RQ adjustment rulemaking establishes seven RQ categories: 0.001, 0.01, 0.1, 1, 10, 100, and 1,000 Ci. A total of approximately 760 radionuclides are listed individually and assigned to one of these RQ categories. All other radionuclides not listed individually are assigned an RQ of 1 Ci.

If a discharge of oil reaches waters of the United States, it is reportable to the NRC under 40 CFR Part 110, which was established under the authority of the CWA. Discharges of oil must be reported if they "(c)ause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines."

No. The disposal of hazardous substances into a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Where the disposal of wastes into permitted or interim status facilities is properly documented through the RCRA manifest system and RCRA regulations are followed, notification under CERCLA does not provide a significant additional benefit, if the facility is in compliance with all applicable regulations and permit conditions. For example, if a waste generator or building owner or operator properly disposes of lamps containing one pound or more of mercury into a RCRA-permitted facility during a 24-hour period, the generator or owner or operator would not be required to report the release under CERCLA. Where the person in charge knows that the facility is not in substantial compliance, that person must report the disposal of an RQ or more of a hazardous substance to the National Response Center. Of course, spills and accidents occurring during disposal that result in the release of an RQ or more of a hazardous substance must also be reported to the National Response Center.