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CERCLA Release Reporting: Clarification of Facility

The term facility, as defined in 40 CFR 302.3, does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification?

Yes. Adjacent buildings on a contiguous property where multiple concurrent RQ releases are occurring at various parts of a contiguous plant on contiguous grounds under common ownership, should be reported in a single notification by the person in charge. The policy of consolidating notifications also applies to concurrent releases from separate storage facilities, so long as the releases are at the same location. (April 4, 1985 final rule (50 FR 13456, 13459))

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Last updated on June 4, 2021