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  • How will citizens have access to Tier I or Tier II inventory forms?

    Tier I information may be obtained from state emergency response commissions or local emergency planning committees during normal working hours. Any person may request Tier II information with respect to a specific facility by sending a written request to the state emergency response commission or the local emergency planning committee…

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  • What is considered cryogenic conditions?

    The Tier II Hazardous Chemical Inventory form, used to meet annual EPCRA §312 reporting requirements, requires facility owners or operators to note whether reported hazardous chemicals are present at, above, or below ambient temperature. For temperatures below ambient, the form distinguishes between “less than ambient temperature but not cryogenic” and…

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  • CERCLA petroleum exclusion

    What is the CERCLA petroleum exclusion? The term "hazardous substance" is defined in CERCLA section 101(14) to include substances listed under four other environmental statutes (as well as those designated under CERCLA section 102(a)). The definition excludes "petroleum, including crude oil or any fraction thereof," unless specifically listed or designated…

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  • Facilities covered under EPCRA 304

    What facilities are covered under EPCRA release reporting requirements? EPCRA section 329(4) defines facility to include stationary structures on a single site, or on contiguous or adjacent sites owned or operated by the same person. For purposes of release reporting under EPCRA section 304 , motor vehicles, rolling stock, and…

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  • Liability for damages caused by a release below the RQ

    If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release? Yes. A release of a CERCLA hazardous substance below its RQ does not preclude liability from any damages that may result, including the costs of cleaning up…

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  • Release information included in the written follow-up report

    Should the location and cause of an incident be included in the written follow-up report? To be consistent with CERCLA, EPA believes that the location of the releases is always essential for both emergency response and follow-up actions and should be identified in any release notification under Section 304. The…

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  • Release notification requirements for an EHS generated as by-product

    Pursuant to Section 304(a)(2), the owner or operator of a facility must report to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) any releases of extremely hazardous substances (EHSs) or CERCLA hazardous substances which equal or exceed established reportable quantities (RQs). This requirement only applies…

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  • Release of a hazardous substance in an encapsulated form

    Is the release of a Reportable Quantity (RQ) or more of a CERCLA hazardous substance in an encapsulated form reportable? The term "release" is defined in CERCLA section 101(22) as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment…

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  • Releases of wastes not individually listed as CERCLA hazardous substances

    Can releases of wastes that are not individually listed as CERCLA hazardous substances still be subject to CERCLA reporting requirements? Yes. CERCLA reporting requirements apply not only to all of the substances individually listed in 40 CFR 302.4 , but also to wastes or waste streams exhibiting the characteristics of…

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  • Reportable quantity calculations for chemicals in abandoned containers

    Must any amount of a listed chemical contained within abandoned or discarded barrels, containers, or other receptacles be considered to determine if a specific reportable quantity has been exceeded under EPCRA Section 304 notification requirements? 40 CFR §355.61 (April 22, 1987, 52 FR 13395 ) defines a release as "any…

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  • Reporting radionuclide mixtures if composition is unknown

    How are mixtures of radionuclides reported if the composition of the mixture is unknown? If the composition of the radionuclide mixture is unknown, there are two main possibilities: (1) the identity of the radionuclides is known but the quantities of one or more of the radionuclides released are not; or…

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  • Should the written notification also include results of a facility's inspection?

    Should the written notification also include results of a facility's inspection? An inspection may specify measures to be applied to prevent future releases. While this information is certainly useful in terms of preventing similar releases, it is not required. However, state and local governments may wish to require such information…

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  • Specific substances excluded under CERCLA petroleum exclusion

    What substances are specifically excluded from CERCLA regulation by the petroleum exclusion? EPA interprets CERCLA section 101(14) to exclude crude oil and fractions of crude oil - including the hazardous substances, such as benzene, that are indigenous in those petroleum substances - from the definition of hazardous substance. Under this…

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  • Spills onto concrete floors inside a building

    A facility has a spill of an extremely hazardous substance in an amount greater than its reportable quantity. The spill occurs on a concrete floor that is inside a facility building. Before the spill can be cleaned up, a portion (less than RQ) of the EHS enters the outside atmosphere…

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