What Constitutes a Release Under CERCLA?

Frequently Asked Questions

How is the term "release" defined?

How is the term "environment" defined?

Over what time period must an RQ of a hazardous substance be released for that release to be reportable?

Is there a concentration cutoff below which it is not necessary to report a release, even though an RQ might have been exceeded over a 24-hour period?

If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required?

Is the release of an RQ or more of a CERCLA hazardous substance in an encapsulated form reportable?

If a facility is in the process of removing old light ballasts containing PCBs and/or mercury, would CERCLA reporting be required any time one pound of PCB has been moved in a 24-hour period?

Are releases of a pollutant into a POTW, when the pollutant is specified in and in compliance with the pretreatment standards of the CWA, subject to CERCLA section 103(a) reporting requirements?

How is the term "release" defined?

How is the term "environment" defined?

CERCLA section 101(8) defines "environment" as "(A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Fishery Conservation and Management Act of 1976, and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States."

Over what time period must an 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 a reportable quantity (RQ) or more has been released is 24 hours. Reporting must occur immediately upon knowledge of the release.

Is there a concentration cutoff below which it is not necessary to report a release, even though an 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 it is one of the releases permitted under other federal programs or qualifies for one of the reporting exemptions for hazardous substance releases, the release of an RQ or more of a hazardous substance must be reported, regardless of the concentration of the substance released. Notification of releases of hazardous substances that equal or exceed an RQ, even those with relatively low concentrations, is mandated by CERCLA and EPA believes that such reports are essential to allow government personnel to decide whether a response action is necessary to protect public health or welfare or the environment.

If a number of releases of the same hazardous substance are occurring at several locations at the same time at a facility (e.g., through leaks in pipes or valves), are multiple reports required?

All releases of the same substance from a single facility should be aggregated to determine whether an RQ has been released from the facility into the environment. However, there may be a case where releases occurring at different facilities at a single contiguous plant or installation on contiguous grounds under common ownership cannot be aggregated to determine if an RQ has been released. If the release from each facility was greater than or equal to an RQ, multiple reports would be required. However, these reports may be made in a single call to the National Response Center. The definition of "facility" under CERCLA section 101(9) is key to an evaluation of CERCLA reporting requirements. For example, as applied to the use of ethylene glycol during aircraft de-icing, there may be releases occurring at different facilities but at a single contiguous plant or installation on contiguous grounds under common ownership. The facility arguably may include the truck applying the de-icer, the aircraft to which the de-icer is applied, the entire airport, and/or other entities, depending on individual circumstances.

Is the release of an 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 or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant)..." (emphasis added). Therefore, even if the CERCLA hazardous substance is in encapsulated form, or is otherwise in a closed receptacle, reporting is required when the closed receptacles are abandoned or discarded and the amount of a CERCLA hazardous substance contained within the released material equals or exceeds an RQ. The legislative history makes it clear that the definition applies even to receptacles that have not broken open and are not leaking hazardous substances.

If a facility is in the process of removing old light ballasts containing PCBs and/or mercury, would CERCLA reporting be required any time one pound of PCB has been moved in a 24-hour period?

As defined in CERCLA section 101(22), the term "release" encompasses (among other things) "...the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance..." Because light bulbs and light ballasts may contain mercury, PCBs, or other CERCLA hazardous substances, the abandonment or discarding of such closed containers could constitute a release under CERCLA, depending upon what happened to the containers after they were moved. The moving of one pound or more of PCBs (the RQ for PCBs is one pound) contained in light ballasts could, if the ballasts were then abandoned or discarded, constitute a release that must be reported to the National Response Center. If hazardous substance-containing ballasts, lamps, or both are moved without being abandoned or discarded, no release has occurred. The determination of whether "abandonment or discarding" has occurred should be made by the facility or other persons handling the ballasts or bulbs on a case-by-case basis, considering the circumstances of activity. A common sense approach should be used in making this determination. For example, if PCB-containing ballasts are moved from one place to another place in the environment prior to being transported off-site for disposal, this generally would not constitute a release because the ballasts were not abandoned or discarded.

Are releases of a pollutant into a Publicly Owned Treatment Works(POTW), when the pollutant is specified in and in compliance with the pretreatment standards of the Clean Water Act, subject to CERCLA section 103(a) reporting requirements?

No. The introduction of any pollutant into a POTW, when the pollutant is specified in and in compliance with applicable pretreatment standards of CWA section 307(b) or (c) - and enforceable requirements in a pretreatment program submitted by a State or municipality for federal approval under CWA section 402 - is one of the releases permitted under other federal programs as defined by CERCLA section 101(10)(J). Such releases are exempt from CERCLA section 103(a) reporting requirements.