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  • "Regulatory Synonym" listings in Table 302.4 of 40 CFR 302.4

    What determines whether a "Regulatory Synonym" is listed for a substance in Table 302.4 of 40 CFR 302.4? In general, no entry is made in the "Regulatory Synonym" column of 40 CFR 302.4 , Table 302.4 for a substance if only one chemical name is used to identify that substance…

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  • Can the de minimis concept be used with Section 304 release reporting?

    Can the "de minimis" concept used in determining the threshold planning quantities in mixtures be applied in the determination of the reportable quantity for emergency release notification? No. The "de minimis" quantity was set in place for threshold planning quantities simply to make the calculation of the total amount of…

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  • CERCLA hazardous substances and relationship to U.S. DOT's Hazardous Materials Regulations

    What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations? CERCLA section 306(a), as amended, requires the DOT to list and regulate as hazardous materials all CERCLA hazardous substances. Thus, all CERCLA hazardous substances are covered by the DOT's Hazardous Materials Regulations…

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  • Definition of "release"

    How is the term "release" defined? CERCLA section 101(22) defines "release" as any "...spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant)...."

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  • How are releases during transportation or storage incident to transportation covered under Section 304?

    Section 304 covers all releases of listed hazardous or extremely hazardous substances, including those involved in transportation in excess of the reportable quantity (RQ). Owners or operators of transportation facilities may call 911 or the local telephone operator, in order to satisfy Section 304 notification requirements when a release occurs…

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  • Is there a concentration cutoff below which it is not necessary to report a release?

    Is there a concentration cutoff below which it is not necessary to report a release, even though a Reportable Quantity (RQ) might have been exceeded over a 24-hour period? No. There are no concentration cutoffs for the RQs (i.e., a lower-bound concentration below which reporting would not be required). Unless…

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  • Follow-up notification requirements for release occurring in transportation

    Must a notifier submit a follow-up emergency notice after the initial 911 report? Notification of a release during transportation or storage incident to transportation, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.42 to…

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  • Release notification for disposal into RCRA-regulated facility

    Would disposal of a hazardous substance into a Resource Conservation and Recovery Act (RCRA) Subtitle C permitted facility or interim status facility be reportable? No. The disposal of hazardous substances into a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Where the disposal of…

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  • Release notification for release at Superfund site

    Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Superfund site during cleanup activities? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…

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  • Release of a RCRA-delisted hazardous waste

    If a company has had its petition to delist a specific Resource Conservation and Recovery Act (RCRA) hazardous waste granted by an EPA-approved State RCRA program, and that company releases this waste in excess of its Reportable Quantity (RQ), is it required to notify the National Response Center (NRC)? Under…

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  • Reportable release time period

    Over what time period must a Reportable Quantity (RQ) of a hazardous substance be released for that release to be reportable? EPA has stated that the period during which the person in charge must measure whether an RQ or more has been released is 24 hours. Reporting must occur immediately…

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  • Reporting spills of FIFRA registered pesticides

    If a pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is accidentally spilled, must it be reported? Yes. Accidents, spills, improper application, and improper disposal are within the scope of the release notification provisions of CERCLA and must be reported. EPA's interpretation of the pesticide exemption in…

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  • Should follow-up release information be sent to the state environmental agency?

    Should the written follow-up information go not only to the local emergency planning committee and the state commission but also to the state environmental agency? Section 304(c) of Title III mandates that written follow-up notification go to the same entities that received the initial oral notification, i.e., the state commission…

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  • Tests to determine RCRA characteristic of toxicity

    What tests can be used to determine whether a waste exhibits the Resource Conservation and Recovery Act (RCRA) characteristic of toxicity? In 1990, EPA replaced the extraction procedure test for determining whether wastes exhibit the toxicity characteristic with the toxicity characteristic leaching procedure (TCLP). Currently, a waste is considered toxic…

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  • Who must be notified of a release under CERCLA?

    Who must be notified of a release under CERCLA? One call to the NRC fulfills the requirement to report releases of hazardous substances under CERCLA and several other regulatory programs, including those under the Clean Water Act (CWA) section 311, Resource Conservation and Recovery Act (RCRA), and the U.S. Department…

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