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  • Scope of federally permitted release exemption

    What is the scope of the federally permitted release exemption? CERCLA section 101(10) defines federally permitted releases in terms of releases permitted under a number of other environmental statutes. Releases that are federally permitted are exempt not only from CERCLA section 103 and EPCRA section 304 notification requirements, but from…

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  • Reporting releases to State and local response authorities

    When is a release reportable to State and local response authorities? EPCRA State and local emergency notification requirements apply to the release of a CERCLA hazardous substance or an EHS in an amount equal to or greater than their RQs. EPCRA exempts from State and local reporting releases that result…

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  • Release reporting requirements for radionuclides

    What are radionuclides and what reporting requirements apply to their release? A radionuclide is a type of atom with an unstable nucleus. The atom releases energy by a process of decay called radioactivity. There are approximately 1,500 known radionuclides. All radionuclides are hazardous substances because they are designated generically as…

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  • Release of metal in solid form

    If a metal is released in solid form at or above its Reportable Quantity (RQ), is it considered a reportable release? The Agency allows exclusions for massive forms of certain metals (antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, and zinc) when the diameter of the released…

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  • Mineral spirits excluded from the CERCLA?

    Are mineral spirits considered petroleum derivatives and therefore excluded from the CERCLA definition of hazardous substance? In most cases, yes. CERCLA section 101(14) specifically excludes petroleum from the definition of hazardous substance, consequently petroleum releases are not subject to CERCLA reporting and liability provisions. The petroleum exclusion includes "crude oil…

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  • Definition of Immediate for EPCRA and CERCLA Release Notification

    The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release notification requirements state that any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has knowledge of the release of a hazardous substance in a quantity equal to or exceeding the…

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  • CERCLA Hazardous Substances Defined

    CERCLA section 103 release reporting requirements apply to "hazardous substances." How are CERCLA hazardous substances defined? The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defines "hazardous substance" by reference to the following authorities: Clean Water Act (CWA) section 311 (“CWA Hazardous Substances”), CWA section 307(a) (“CWA Toxic Pollutants”), Clean…

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  • Release notification requirements for releases of aqueous film forming foam

    Aqueous Film Forming Foam (AFFF), a substance commonly used by firefighters, contains ethanol, 2-(2-butoxyethoxy) which is categorized as a glycol ether. Glycol ethers meet the definition of hazardous substance in CERCLA 101(14) because they are hazardous air pollutants pursuant to 112(b) of the Clean Air Act. In 1990, the Clean…

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  • Who must be notified when a release occurs?

    In the event that a listed Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance or extremely hazardous substance is released in an amount equal to, or exceeding the reportable quantity (RQ) for that substance, the following parties must be notified: Community emergency coordinator for the local or tribal…

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  • Multiple Releases During 24-Hour Period

    CERCLA release notification requirements state that any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has knowledge of the release of a hazardous substance in a quantity equal to or exceeding the reportable quantity (RQ), immediately notify the National Response…

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  • Reporting radionuclide mixtures if composition is known

    How are mixtures of radionuclides reported if the composition of the mixture is known? The requirements for reporting mixtures of radionuclides depend on whether the composition of the mixture is known or unknown. If the identity and quantity (in curies) of each radionuclide involved in a release is known, the…

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  • Release notification for release at a Federal facility

    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 Federal facility? Yes. Under CERCLA section 120, all requirements of CERCLA apply to the Federal government in the same manner…

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  • Should location and the cause of incident be included in the the written follow-up?

    Regarding the written follow-up report to an incident, should location of the incident and the cause of the incident be included? The April 22,1987 Federal Register ( 52 FR 13387 ) states that the location of the incident should definitely be included in both the initial and written follow-up reports…

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  • What emergency release information must be reported to a telephone operator?

    An owner or operator of a facility from which there is a release of a substance during transportation or storage incident to transportation may meet the emergency release notification requirement by providing the information specified in 40 CFR §355.42(b) to the 911 emergency operator, or in the absence of a…

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  • Release Reporting Requirements for Hazardous Substances in Mixtures

    How can a facility determine if they must report a release of a mixture containing hazardous substances under CERCLA section 103? If the quantity of all of the hazardous constituents of the mixture or solution is known, a person in charge of a vessel or facility must report a release…

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