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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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  • Who must be notified of a release under EPCRA?

    Who must be notified of a release under Emergency Planning and Community Right-to-Know Act (EPCRA)? The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance…

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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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Reporting Changes (other than source or composition) to a Continuous Release Report

    Pursuant to CERCLA regulations, facilities must submit a continuous release report when they release a CERCLA hazardous substance that equals or exceeds a reportable quantity (RQ) on a continuous basis. Once a continuous release report has been sent to EPA, how does the facility report changes in information other than…

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  • How does a company become a provider of Asbestos Model Accreditation Plan (MAP)-accredited asbestos training courses?

    Individuals or groups wishing to sponsor training courses for disciplines required to be accredited under section 206(b)(1)(A) of the Toxic Substances Control Act (TSCA) may apply for approval from states that have accreditation program requirements that are at least as stringent as the EPA Asbestos Model Accreditation Plan (MAP). For…

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  • Determining the amount released for Ammonia and Ammonium Hydroxide for Release Notification Requirements under CERCLA section 103 and EPCRA section 304

    Ammonia (CAS number 7664-41-7) is an Extremely Hazardous Substance (EHS), listed at 40 CFR Part 355 Appendix A and Appendix B with a reportable quantity (RQ) of 100 lbs. Both ammonia and ammonium hydroxide (CAS number 1336-21-6) are listed as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances…

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  • EPCRA Release Notification of RQ in Any 24-Hour Period

    EPCRA section 304 requires notification to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) when there is a release of a reportable quantity (RQ) of either a CERCLA hazardous substance or an extremely hazardous substance (EHS). CERCLA section 103(a) and 40 CFR 302.6 require notification…

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  • What is the relationship between reportable quantities (RQs) and threshold planning quantities (TPQs)?

    The reportable quantity (RQ) that triggers emergency release notification (Section 304) was developed as a quantity that when released, poses potential threat to human health and the environment. The RQs were developed using several criteria, including aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, potential carcinogenicity, biodegradation, hydrolysis, and photolysis…

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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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