Does EPCRA release reporting to State and local government agencies satisfy the CERCLA 103 requirement to report to the NRC?
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.