CERCLA and EPCRA Continuous Release Reporting

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [Title 40 of the Code of Federal Regulations (CFR) part 302; 42 U.S.C. 9603] and the Emergency Planning and Community Right-to-Know Act (EPCRA) [40 CFR part 355 subpart C; 42 U.S.C. 11004 (pdf)(187 KB)], which is also commonly known as Title III of the Superfund Amendments and Reauthorization Act (SARA Title III), require reporting of releases of CERCLA hazardous substances and/or EPCRA Extremely Hazardous Substances (EHSs) above their reportable quantities [40 CFR section 302.4 and 40 CFR part 355 Appendix A and Appendix B]. This website outlines the reduced reporting option for continuous release reports, as codified in the final rules "Reporting Continuous Releases of Hazardous Substances" [55 FR 30166; July 24, 1990 (pdf)(16.9 MB)] and "Change of Submissions for CERCLA Section 103 Continuous Release Reports to the Appropriate EPA Headquarters Office" [86 FR 62736; November 12, 2021 (pdf)(205 KB)].

For these requirements, the term “state” includes the 50 States of the United States, the District of Columbia, the five inhabited territories of the United States, and any other territory or possession over which the United States has jurisdiction. Federally recognized Tribes are the implementing authority for EPCRA on all Indian lands. Tribal Emergency Response Commissions (TERCs) are a form of State Emergency Response Commission (SERC), and any Tribal Emergency Planning Committees (TEPCs) are a form of Local Emergency Planning Committee (LEPC). 

On this page:

• CERCLA and EPCRA Release Reporting Requirements
• What Releases Are Eligible for Continuous Release Reporting
• CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances
• How to Report Continuous Releases
• Where to Submit Continuous Release Reports for CERCLA and EPCRA

CERCLA and EPCRA Release Reporting Requirements

Learn about CERCLA Release Reporting.

Learn about EPCRA Release Reporting.

What Releases Are Eligible for Continuous Release Reporting

The release reporting regulations of CERCLA and EPCRA provide reduced reporting options for "continuous releases" of CERCLA hazardous substances and EPCRA Extremely Hazardous Substances (EHSs). This relief applies to facilities with releases of CERCLA hazardous substances and EPCRA EHSs that are “continuous” and “stable in quantity and rate” [40 CFR section 302.8(a) and 40 CFR section 355.32]. 

• Continuous release means a release that occurs without interruption or abatement or that is routine, anticipated, and intermittent and incidental to normal operations or treatment processes [40 CFR section 302.8(b) and 40 CFR section 355.32].
• Stable in quantity and rate is a release that is predictable and regular in amount and rate of emission [40 CFR section 302.8(b) and 40 CFR section 355.32].

Statistically significant increases are an increase in the quantity of the hazardous substance released above the upper bound of the reported normal range of the continuous release [40 CFR section 302.8(b)]. Significantly significant increases in prior reported continuous releases and changes of release source or composition require reporting as if they are new releases. These new releases require initial telephone notification and the series of follow-up reporting requirements [40 CFR section 302.8(c)(5)]. For further guidance refer the Guide to Facilities on Compliance below.

Examples of qualifying releases include:

• Release that occurs 24 hours a day (e.g., release of radon gas from aggregate stockpiles).
• Release that occurs during a certain process (e.g., benzene released during the production of polymers or ammonia released from a tank vent when the tank is filled).
• Release from malfunctions, if they are:
  • from normal operations or treatment processes,
  • stable in quantity and rate, and 
  • either (a) occur without interruption or abatement or (2) are routine, anticipated, and intermittent.

CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances

CERCLA hazardous substances are codified at 40 CFR section 302.4 and include: 

• Listed hazardous substances: The elements and compounds and hazardous wastes appearing in Table 302.4. For more information, visit EPA's CERCLA Hazardous Substances Defined webpage.
• Unlisted hazardous substances: solid wastes as defined in 40 CFR section 261.2, which are not excluded from regulation as a hazardous waste under 40 CFR section 261.4(b), if exhibiting any of the characteristics identified in 40 CFR part 261 subpart C.

EPCRA EHSs are codified at 40 CFR part 355 Appendix A (alphabetical order) and Appendix B (CAS Number Order).

How to Report Continuous Releases

Facilities qualifying for continuous release reports may report:

1. on a per occurrence basis for every release exceeding the reportable quantity for the substance in any 24-hour period [40 CFR section 302.6(a) and 40 CFR section 355.33], or
2. reduced reporting as a continuous release in accordance with 40 CFR section 302.8 for CERCLA hazardous substances and 40 CFR section 355.32 for CERCLA hazardous substances and EPCRA EHSs.

Guide to Facilities on Compliance: Continuous Release Reporting

EPA developed a guidance document, published in 1997, for facilities choosing to use the reduced reporting option for their continuous releases. The guide provides assistance to help understand the requirements of the 1990 final rule "Reporting Continuous Releases of Hazardous Substances" [55 FR 30166; July 24, 1990 (pdf)(16.9 MB)]. While this guide is still useful, it does not include the 2021 final rule changes requiring that the written reports be mailed to the U.S. EPA Headquarters (previously submitted to the U.S. EPA regional offices) [86 FR 62736; November 12, 2021)(pdf)(205 KB)]. 

Reporting should be in accordance with the information below.

The CERCLA continuous release regulations are applicable to both facilities and vessels. While this guide will be useful for facilities and vessels, it is written specifically for facilities. Persons in charge of vessels who wish to use the reduced reporting for continuous releases should review the regulations at 40 CFR part 302 and contact EPA's EPCRA Program to discuss vessel-specific requirements.

This guide is divided into two parts and five appendices (i.e., Appendices A through E):

• Part 1 provides general information in a question-and-answer format.
  Part 1: Reporting Requirements for Continuous Releases of Hazardous Substances (pdf)(106.11 KB, EPA 540-R-97-047, 1997).
  • Reports previously submitted to EPA regional offices should be sent to the EPA Headquarters Office, per the final rule [86 FR 62736; November 12, 2021 (pdf)(205 KB)].
• Part 2 contains detailed instructions on how to prepare continuous release reports.
  Part 2: Instructions and Procedures for Continuous Release Reporting (pdf)(93.54 KB, EPA 540-R-97-047).
  • For Exhibit 2-1: Checklist of Information Required in Initial and Follow-up Written Reports, please refer to Appendix B.
• Appendix B: Suggested Continuous Release Reporting Format and Instructions.
  Continuous Release Reporting Form Sections I-III (pdf)(427.13 KB, 1997).
  Instructions for Continuous Release Reporting Form (pdf)(269.74 KB, 1997).
  • This form may also be used for your EPCRA follow-up reports to the SERC and emergency coordinator of your LEPC.
  • Your state may have additional reporting requirements or format. Please contact your state for more information.
• Appendix C: Suggested CR-ERNS Reporting Format – Addendum to TRI Form R.
  • Addendum to TRI Form R (pdf) (19.21 KB) .
• Exhibit 2-1: Checklist of information required in initial and follow-up written reports.
  • Checklist (pdf) (185.36 KB, 1997).

The following table provides a summary of the reporting obligations, in accordance with 40 CFR section 302.8 and 40 CFR section 355.32:

Where to Submit Continuous Release Reports for CERCLA and EPCRA

Initial Telephone Notifications:

• National Response Center: 800-424-8802.
• SERC and emergency coordinator for the LEPC: Visit EPA's State Contact Information for EPCRA Section 304 Emergency Release Notification webpage.

Written Reports:

• SERC and LEPC: Visit EPA's State Contact Information for EPCRA Section 304 Emergency Release Notification webpage.
• EPA Headquarters: