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  • Clean Water Act (CWA) and CERCLA Hazardous Substance Lists

    What is the relationship between the hazardous substance lists under the Clean Water Act (CWA) and under CERCLA? All CWA hazardous substances and CWA toxic pollutants are CERCLA hazardous substances, whereas only some CERCLA hazardous substances are CWA hazardous substances. CERCLA section 101(14) defines “hazardous substance” by reference to lists…

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  • Does the "federally permitted release" exemption apply fully to state permitted releases?

    No. State permitted releases are exempted only to the extent that the releases are considered "federally permitted" under Section 101(10) of CERCLA.

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  • EPCRA extremely hazardous substances and relationship to CERCLA hazardous substances

    How are EPCRA extremely hazardous substances (EHSs) related to CERCLA hazardous substances? There are currently about 360 EHSs defined under EPCRA section 302 ; over a third of them are also CERCLA hazardous substances. Aside from this overlap of listed substances, CERCLA and EPCRA also have closely related notification requirements…

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  • Exceeding "continuous release" amounts

    Are releases above the amount qualifying as a "continuous releases" exempt from Section 304 notification requirements? Because "statistically significant increases" from a "continuous release" must be reported as an episodic release under CERCLA Section 103(a), such releases must also be reported under Section 304 of Title III. Any clarifications or…

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  • Health information language requirements for Section 304 notifications

    The follow-up emergency notice requires the owner or operator of a facility that has released a reportable quantity of a substance requiring Section 304 notification to relate, in a follow-up notice, "any known or anticipated acute or chronic health risks associated with the release." Since general health information is already…

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  • Liability for damages that a release may cause

    Once a facility properly notifies the National Response Center (NRC) , is it exempted from any liability for damages that the release may cause? No. Proper and timely reporting of a release in accordance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103 does not preclude liability for…

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  • Notification if a SERC or LEPC has not yet been established

    What if the state or tribal emergency response commission (SERC or TERC) and/or local or tribal emergency planning committee (LEPC or TEPC) must be notified of a release but have not yet been established? States were required to establish their commissions by April 17, 1987 and those commissions were to…

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  • Responsibility of transportation owners or operators in the event of a release

    What is the responsibility of transportation owners or operators in the event of a spill or release of extremely hazardous substances or CERCLA hazardous substances? Although owners or operators of facilities in transportation or those that store substances under active shipping papers are not required to notify state and local…

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  • Separate releases of the same hazardous substance

    If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required? All releases of the same substance from a single facility should be aggregated to determine whether an…

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  • The meaning of the phrase "as soon as practicable" for emergency release notification

    The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance within any 24-hour period triggers the Emergency Planning and Community Right-to-Know Act (EPCRA) emergency release notification requirements ( 40 CFR 355.33 ). A facility must make…

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  • Under EPCRA, who is responsible for reporting releases and when must the report be made?

    Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made? Under section 304 of EPCRA, the owner or operator of a facility is required to report immediately to the appropriate State Emergency Response Commissions (SERCs) and Local Emergency…

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  • Waste streams and the mixture rule

    Where there are several waste streams with the same identification number, is it sufficient to know the average quantities, or the maximum observed quantity, of hazardous constituents of the waste streams in order to apply the mixture rule to all of them? No. The mixture rule provision applies only to…

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  • Who must report in cases of transportation-related releases?

    In the case of transportation-related releases, should the emergency release notification requirements apply to the owner or the operator of the facility? Either the owner or operator may give notice after a release. Owners and operators may make private arrangements concerning which party is to provide release notification. However, under…

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  • TXT2, Regulated Identity, and Customer Numbers for Tier II reporting

    Where can a facility find their TXT2 Number, Regulated Entity Number, and Customer Number that may be needed to complete the EPCRA Section 312 Chemical Inventory Report (i.e., Tier II report)? TXT2 Numbers, Regulated Entity Numbers, and Customer Numbers are not federally designated or tracked. These number are designed by…

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  • Ethanol added to food / beverages and Tier II reporting (i.e., EPCRA Section 312)

    Is Ethanol (CAS# 64-17-5) that is added to foods or alcoholic beverages exempt from the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312 chemical inventory (i.e., Tier I/II) reporting requirements? EPCRA Section 312 requires facility owners or operators to submit annual chemical inventory reports (Tier I/Tier II Forms) for…

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