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  • What if I'm renting target housing?

    Answer: Property owners who rent out target housing must: Disclose all known lead-based paint and lead-based paint hazards in the home and any available reports on lead in the housing; Give renters the EPA pamphlet "Protect Your Family From Lead in Your Home"; Include certain warning language in the lease…

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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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  • Using TRI Form R for Continuous Release Reporting

    A facility wants to use the reduced reporting option under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103(f)(2) for releases of hazardous substances that occur in a manner that is continuous and are stable in quantity and rate. Can the Toxics Release Inventory (TRI) Form R be…

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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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  • 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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  • 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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  • Releases from animal waste to non-air environmental media

    On June 13, 2019, EPA published a Final Rule adding an exemption to the release reporting requirements of EPCRA Section 304 ( 40 CFR Part 355 ) for substances from animal waste being emitted into the air ( 84 FR 27533 ). Does this exemption also apply to substances from…

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  • What facilities are exempt from Section 304 notification requirements?

    A facility itself can only be exempted if there are no hazardous chemicals present at the facility. The term "hazardous chemical," as defined under Section 311 of Title III, includes any substance which constitutes a physical or health hazard. This broad definition is borrowed from the Occupational Safety Health Act…

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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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  • Saccharin Removed from CERCLA Hazardous Substance List

    Is saccharin and its salts a CERCLA hazardous substance? On December 17, 2010 ( 75 FR 78918 ), EPA published a final rule to remove saccharin and its salts from the CERCLA list of hazardous substances and the RCRA list of hazardous wastes. EPA originally added saccharin to the CERCLA…

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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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  • 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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  • EPCRA 304 Release Notification For Mixtures

    How is release notification handled for mixtures under EPCRA section 304? Similar to the release notification requirements in CERCLA section 103, release notification of a mixture under EPCRA should be in accordance with the Clean Water Act (CWA) mixture rule. If the quantity of all the hazardous constituents of the…

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

    Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made? Section 103 of CERCLA requires the person in charge of a facility or vessel, as soon as he or she has knowledge of a release of a…

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