Learn the Issues
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Does the "federally permitted release" exemption apply fully to state permitted releases?
No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.
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CERCLA hazardous substances and relationship to U.S. DOT's Hazardous Materials Regulations
What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations? CERCLA section 306(a), as amended, requires the DOT to list and regulate as hazardous materials all CERCLA hazardous substances. Thus, all CERCLA hazardous substances are covered by the DOT's Hazardous Materials Regulations…
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Chemicals subject to reporting (EPCRA Section 304)
What chemicals are subject to reporting under EPCRA Section 304? Chemicals subject to Section 304 notification requirements are CERCLA hazardous substances listed under 40 CFR Table 302.4 and the extremely hazardous substances listed under 40 CFR part 355 Appendix A and B .
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Are pipelines, barges, and vessels subject to release notification?
Do the Section 304 release notification requirements apply to pipelines, barges, and other vessels as well as to other transportation facilities? Title III (Section 327) does not apply to the transportation of any substance or chemical including transportation by pipeline, except as provided in Section 304. Section 304 requires notification…
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"Regulatory Synonym" listings in Table 302.4 of 40 CFR 302.4
What determines whether a "Regulatory Synonym" is listed for a substance in Table 302.4 of 40 CFR 302.4? In general, no entry is made in the "Regulatory Synonym" column of 40 CFR 302.4 , Table 302.4 for a substance if only one chemical name is used to identify that substance…
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Who must report in cases of transportation-related releases?
In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…
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When and where should an air carrier report a release?
When and where should an air carrier report a release? For instance should the release be reported to the state where the release occurred or to the airport of destination? Since aircraft should have radio communication capabilities, the report should be given to the state(s) likely to be affected by…
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Under CERCLA, who is responsible for reporting releases and when must the report be made?
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…
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Under EPCRA, who is responsible for reporting releases and when must the report be made?
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…
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Should the written notification also include results of a facility's inspection?
Should the written notification also include results of a facility's inspection? An inspection may specify measures to be applied to prevent future releases. While this information is certainly useful in terms of preventing similar releases, it is not required. However, state and local governments may wish to require such information…
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Should follow-up release information be sent to the state environmental agency?
Should the written follow-up information go not only to the local emergency planning committee and the state commission but also to the state environmental agency? Section 304(c) of Title III mandates that written follow-up notification go to the same entities that received the initial oral notification, i.e., the state commission…
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Separate releases of the same hazardous substance
If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required? All releases of the same substance from a single facility should be aggregated to determine whether an…
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Required information for CERCLA and EPCRA telephone notifications
Do the CERCLA and EPCRA telephone notifications include the same basic information, such as whether the incident is still ongoing, abatement actions by whatever entities, cause of the accident, injuries caused by the incident if known, amount spilled, etc.? The Agency does not believe that the notification specified in Section…
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Release information included in the written follow-up report
Should the location and cause of an incident be included in the written follow-up report? To be consistent with CERCLA, EPA believes that the location of the releases is always essential for both emergency response and follow-up actions and should be identified in any release notification under Section 304. The…
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How is an off-site release subject to EPCRA 304?
How is an off-site release determined to be subject to Section 304 notification requirements? A release need not result in actual exposure to persons off-site in order to be subject to release reporting requirements; potential exposure is sufficient. Any release into the environment above the reportable quantity may have the…
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Can the Tier II form serve as a list of hazardous chemicals?
Is the submission of a Tier II form an acceptable method of reporting a list of hazardous chemicals grouped by hazard category under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA)? Section 311 of EPCRA requires facilities to submit copies of Material Safety Data Sheets (MSDSs) or…
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Notification if a SERC or LEPC has not yet been established
What if the state or tribal emergency response commission (SERC or TERC) and/or local or tribal emergency planning committee (LEPC or TEPC) must be notified of a release but have not yet been established? States were required to establish their commissions by April 17, 1987 and those commissions were to…
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The meaning of the phrase "as soon as practicable" for emergency release notification
The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance within any 24-hour period triggers the Emergency Planning and Community Right-to-Know Act (EPCRA) emergency release notification requirements ( 40 CFR 355.33 ). A facility must make…
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Hazardous chemicals used for medical or research purposes
A medical facility uses liquid nitrogen for the nuclear magnetic resonance spectrometer. The spectrometer is used for medical diagnostic purposes. In addition, the facility is required by the Occupational Safety and Health Administration (OSHA) to have a material safety data sheet (MSDS) available for the liquid nitrogen. Is the liquid…
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General reporting requirements and thresholds for EPCRA 311
What are the requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 311 and what facilities are covered? Are there thresholds for reporting? Section 311 requires that the owner or operator of a facility must submit a material safety data sheet (MSDS) for each hazardous chemical which meets…