How do CERCLA requirements apply to the hazardous substances for which no reportable quantity has been established?
EPA has not yet established reportable quantities (RQ) for the broad generic classes of compounds that are CERCLA hazardous substances. These substances are listed in CERCLA Table 302.4 [40 CFR 302.4] with the code “ ** ” in the Final RQ [pounds (kg)] column, and are listed under CERCLA because they are Clean Water Act Hazardous Substances [40 CFR 116.4; 33 U.S.C. 1321(b)(2)(A)] or Toxic Pollutants [40 CFR 401.15, 40 CFR part 423 Appendix A, and/or 40 CFR 131.36; 33 U.S.C. 1317(a)].
CERCLA Section 103 Notification Requirements - 40 CFR part 302:
Releases of the CERCLA hazardous substances that do not have established reportable quantities, as noted with the code “ ** ” in the Final reportable quantity [pounds (kg)] column, currently do not have to be reported under CERCLA section 103 Notification Requirements [42 U.S.C. 9603; 40 CFR 302.6]. Note that if your hazardous substance is also listed separately with a reportable quantity in CERCLA Table 302.4, then it is reportable if released in quantities at or above the reportable quantity listed. For more information see: Hazardous Substance Designations and Release Notifications.
Example: Antimony Compounds are listed with the code “ ** “ in the Final reportable quantity [pounds (kg)] column of CERCLA Table 302.4. The following Antimony Compounds are also listed in CERCLA Table 302.4 with reportable quantities: antimony, antimony pentachloride, antimony potassium tartrate, antimony tribromide, antimony trichloride, antimony trifluoride, and antimony trioxide. If your substance (including synonyms for your substance) is any of the listed compounds within CERCLA Table 302.4, then it is reportable at or above the listed reportable quantity. Other antimony compounds that are not listed are not required to be reported under CERCLA section 103 Notification Requirements.
CERCLA Sections 104 Response, 106 Abatement, and 107 Liability:
CERCLA hazardous substances that do not have established reportable quantities, as noted with the code “**” in the Final reportable quantity [pounds (kg)] column, remain subject to other CERCLA provisions, including: Response authorities [42 U.S.C. 9604], Abatement Actions [42 U.S.C. 9606], Liability [42 U.S.C. 9607], and the National Contingency Plan [40 CFR part 300].
For more information see: