Who Must Be Notified?

Frequently Asked Questions

• Who must be notified of a release under CERCLA?
  
  
• Who must be notified of a release under EPCRA?
  
  
• When is a release reportable to State and local response authorities?
  
  
• Are reports made to State and local government agencies relayed to the 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 an 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 an RQ at a Federal facility?

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 CWA section 311, 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 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 an 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 an 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.