Learn the Issues
-
Liability for damages caused by a release below the RQ
If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release? Yes. A release of a CERCLA hazardous substance below its RQ does not preclude liability from any damages that may result, including the costs of cleaning up…
-
Is there a concentration cutoff below which it is not necessary to report a release?
Is there a concentration cutoff below which it is not necessary to report a release, even though a Reportable Quantity (RQ) might have been exceeded over a 24-hour period? No. There are no concentration cutoffs for the RQs (i.e., a lower-bound concentration below which reporting would not be required). Unless…
-
Is blended (oxygenated) gasoline excluded?
Does blended (oxygenated) gasoline fall within the scope of the CERCLA petroleum exclusion? Historically, the Agency has interpreted the CERCLA section 101(14) petroleum exclusion to cover crude oil and the crude oil constituents that are indigenous to the petroleum (e.g., xylene), or that are normally mixed with or added to…
-
How did EPA determine TPQs for EHSs?
How did EPA determine threshold planning quantities for extremely hazardous substances? The Agency assigned chemicals to threshold planning quantity (TPQ) categories based on an index that accounts for the toxicity and the potential of each chemical, in an accidental release, to become airborne. This approach does not give a measure…
-
How are releases during transportation or storage incident to transportation covered under Section 304?
Section 304 covers all releases of listed hazardous or extremely hazardous substances, including those involved in transportation in excess of the reportable quantity (RQ). Owners or operators of transportation facilities may call 911 or the local telephone operator, in order to satisfy Section 304 notification requirements when a release occurs…
-
Facilities or vessels covered under CERCLA release reporting requirements
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…
-
Emergency release notification and trade secret chemicals
Question No. 3 of the trade secret substantiation form requires the submitter to list all local, state, and federal government entities to which the submitter has disclosed the specific chemical identity. Does the submitter need to report Section 304 emergency release notification if the submitter had a covered reportable release…
-
EPA Opens Comment Period on Draft Biological Opinion on Malathion
EPA is seeking public comment on the U.S. FWS draft biological opinion for the registration of malathion, an insecticide that is commonly used to control mosquitoes and a variety of insects that attack fruits, vegetables
-
CERCLA reporting requirements for compounds
How do CERCLA reporting requirements apply to a compound if it is not individually listed but falls under a generic class of compounds? To date, the Agency has not established any RQs for the CWA broad generic classes of compounds that are CERCLA hazardous substances. Therefore, releases of substances that…
-
Can the de minimis concept be used with Section 304 release reporting?
Can the "de minimis" concept used in determining the threshold planning quantities in mixtures be applied in the determination of the reportable quantity for emergency release notification? No. The "de minimis" quantity was set in place for threshold planning quantities simply to make the calculation of the total amount of…
-
Can the RQ assigned to hydrochloric acid be used for hydrogen chloride gas?
Hydrogen chloride gas is introduced into water to form hydrochloric acid. Saturation for this reaction occurs at 38 percent (%). Therefore, any hydrogen chloride present after the saturation point is reached, does not go into solution and will remain in the gaseous state. Can the reportable quantity (RQ) assigned to…
-
Are the quantities of different hazardous constituents additive?
In determining whether a Reportable Quantity (RQ) has been released, are the quantities of different hazardous constituents additive under the mixture rule? No. RQs of different substances are not additive under the mixture rule; releasing a mixture containing half an RQ of one hazardous substance (other than radionuclides) and half…
-
Are releases into a POTW subject to CERCLA section 103(a) reporting requirements?
Are releases of a pollutant into a Publicly Owned Treatment Works (POTW), when the pollutant is specified in and in compliance with the pretreatment standards of the Clean Water Act, subject to CERCLA section 103(a) reporting requirements? No. The introduction of any pollutant into a POTW, when the pollutant is…
-
What is the 312 deadline if March 1 falls on a weekend?
Under EPCRA §312, Tier II information for any calendar year must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department by March 1st of the following year. What if the March 1st reporting deadline falls on a Saturday or Sunday? Tier…
-
What are the differences between Tier I and Tier II forms?
The reporting under Section 312 is in two tiers, Tier I and Tier II. What are the general differences between the two forms? Section 312 includes a two tier approach. Tier I requires information (such as maximum amount of hazardous chemicals at the facility during the preceding year, an estimate…
-
Trouble importing previous Tier2 Submit data
I’m having trouble importing previous Tier2 Submit data into the current version of Tier2 Submit; what should I do? It is possible that the file has been corrupted or that the format is incompatible with the Tier2 Submit software. Note that Tier2 Submit can only import files that were made…
-
State acceptance of Tier2 Submit
Does my state accept Tier2 Submit? To find out whether or not your state accepts Tier II submissions created by Tier2 Submit, review the information for your state on the State Tier II Reporting Requirements page .
-
Designating a facility subject to emergency planning requirements
A natural gas distribution facility consists of a series of pipelines and breakout storage tanks. The substances stored at the facility are exempt from all applicable provisions of EPCRA (except Section 304) under the transportation exemption at Section 327. Can such a facility be designated (under the authority of Section…
-
Civil action attorney and court fees, awarding of fines
A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…
-
Are mobile boosters eligible for the transportation exemption?
An oil company owns many wells on an oil field. Each well is on its own plot of land. These plots are not adjacent or contiguous and, therefore, each well is its own facility. When operating these wells, it is sometimes necessary to inject air or gas into the well…