CERCLA and EPCRA Continuous Release Reporting
CERCLA and EPCRA Reporting Requirements Guidance
Due to legislative changes in the Consolidated Appropriations Act, 2018 (Omnibus Bill), “air emissions from animal waste at a farm” are exempt from reporting under CERCLA. On May 2, 2018, the D.C. Circuit Court of Appeals issued its mandate vacating the 2008 final rule. However, farms will remain exempt from the CERCLA reporting requirements as a result of the FARM Act. Additionally, these types of releases do not need to be reported under EPCRA. For more information, please see: CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms.
- Reportable Quantities for EPCRA EHSs
- Reportable Quantity Adjustments
- Continuous Release Reporting Under CERCLA and EPCRA
- For More Information
Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, Congress established an initial reportable quantity (RQ) of one pound for Superfund hazardous substances. Congress also required EPA to issue regulations to adjust these initial RQs to more accurately reflect their potential to threaten public health and the environment. To date, EPA has established or proposed adjustments to the RQs for all of the roughly 800 Superfund substances.
CERCLA section 103(f)(2) provides a reduced reporting requirement for continuous releases of hazardous substances that exceed the RQ. This reduced reporting requirement also applies to EPCRA Section 304 Emergency Release Notification.
EPA defines a continuous release as a release of a hazardous substance that is continuous and stable in quantity and rate. EPA interprets "continuous" to mean a release that occurs without interruption or abatement that is routine, anticipated, and intermittent during normal operation or treatment process. "Stable in quantity and rate" means predictable and regular in amount and rate of emission.
A continuous release may be a release that occurs 24 hours a day, such as a radon release from a stock pile. It may also be a release that occurs during a certain process, such as benzene released during the production of polymers, or a release of a hazardous substance from a tank vent each time the tank is filled.
Releases from malfunctions may qualify for reduced reporting as continuous releases, if they:
- Are normal plant operation or treatment processes;
- Are stable in quantity and rate; and either
- Occur without interruption of abatement, or
- Are routine, anticipated and intermittent.
As required by EPCRA Section 302(a)(2), EPA published a list of extremely hazardous substances (EHSs) that require the reporting of releases to state and local authorities. EHSs and their RQs are codified in 40 CFR Part 355, Appendix A and B. The RQs for EHSs are based on the substance's acute lethal toxicity.
Releases of CERCLA HSs are reportable to the National Response Center (NRC) as well as the state and local authorities.
For purposes of establishing reportable quantity (RQ) adjustments under CERCLA, EPA has adopted the five RQ levels of 1, 10, 100, 1,000, and 5,000 pounds originally established pursuant to Clean Water Act (CWA) section 311. EPA adopted the CWA five-level system primarily because:
- it had been successfully used for the CWA;
- the regulated community was already familiar with these five levels; and
- it provides a relatively high degree of discrimination among the potential hazards posed by different CERCLA hazardous substances.
There are also seven RQ levels for radionuclides: 0.001, 0.01, 0.1, 1, 10, 100, and 1,000 Ci.
Section 103(a) of CERCLA "as amended" and EPA's implementing regulations (40 CFR 302.8 (5 pp, 190 K, About PDF)) require that the person in charge of a vessel or facility immediately notify the National Response Center whenever a reportable quantity (RQ) or more of a CERCLA hazardous substance is released in any 24 hour period, unless the release is federally permitted. The purpose of this requirement is to notify officials of potentially dangerous releases so that they can evaluate the need for a response action.
The continuous release reporting regulation provides a reduced reporting option for facilities that release hazardous substances in a manner that is continuous, and stable in quantity and rate. This reduced reporting is also applicable to releases of EHSs under EPCRA Section 304.
To assist you with reporting continuous releases, EPA has developed a guide on the Reporting Requirements for Continuous Releases of Hazardous Substances that includes forms for written reports. The Guide provides an overview of the information required for the initial and first anniversary follow-up reports to assist your collection of the required information.
The forms may also be used as your EPCRA followup reports to the State Emergency Response Commission (SERC) of any state likely to be affected by the release. And for the Local Emergency Planning Committee (LEPC) of any area likely to be affected by the release.
Send your completed forms to the appropriate EPA regional office for the geographical area where the releasing facility or vessel is located. Your EPA regional office can also provide assistance in understanding and complying with all reporting requirements.