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Frequent Questions
Frequent questions on release reporting are grouped into several topics. Click on the links below to view questions for each topic.
- Releases Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Releases Excluded from CERCLA Reporting
- Liability and Reporting
- Substances Covered Under Reporting Requirements
- Reporting Releases
When preparing to report a hazardous substance release, Information Needed for Reporting may also be of use.
Releases Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- How is the term "release" defined?
- How is the term "environment" defined?
- Over what time period must a Reportable Quantity (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 a Reportable Quantity (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 a Reportable Quantity (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 Clean Water Act (CWA), subject to CERCLA section 103(a) reporting requirements?
Releases Excluded From Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Reporting
- If a metal is released in solid form at or above its Reportable Quantity (RQ), is it considered a reportable release?
- Are certain types of releases specifically excluded from reporting requirements under CERCLA?
- Are any releases (in addition to the administratively e xempted releases identified in question 53) specifically excluded from reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) section 304?
- If a pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is accidentally spilled, must it be reported?
- What is the scope of the federally permitted release exemption?
Liability and Reporting
- Once a facility properly notifies the National Response Center (NRC), is it exempted from any liability for damages that the release may cause?
- If a facility releases a hazardous substance below its Reportable Quantity (RQ) level, could it be liable for damages caused by the release?
- What are the penalties for failure to report a release?
Substances Covered Under Reporting Requirements
Hazardous Substance Definitions
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103 release reporting requirements apply to "hazardous substances." How are CERCLA hazardous substances defined?
- The Emergency Planning and Community Right-to-Know Act (EPCRA) section 304 release reporting requirements apply to CERCLA hazardous substances and EPCRA extremely hazardous substances (EHSs). What are EHSs?
- How are EHSs related to CERCLA hazardous substances?
- What are radionuclides and what reporting requirements apply to their release?
- What are the reporting requirements for discharges of oil?
- Would disposal of a hazardous substance into a Resource Conservation and Recovery Act (RCRA) Subtitle C permitted facility or interim status facility be reportable?
Hazardous Substance Lists
- What is the relationship between the hazardous substance lists under the Clean Water Act (CWA) and under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)?
- Are the Clean Water Act (CWA) broad generic categories for which no Reportable Quantity (RQ) has been established subject to other provisions of CERCLA?
- What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations?
- Can releases of wastes that are not individually listed as CERCLA hazardous substances still be subject to CERCLA reporting requirements?
- What tests can be used to determine whether a waste exhibits the Resource Conservation and Recovery Act (RCRA) characteristic of toxicity?
- How do CERCLA reporting requirements apply to a compound if it is not individually listed but falls under a generic class of compounds?
- If a company has had its petition to delist a specific 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)?
- How does EPA choose the chemical name(s) to list for each substance on the List of Hazardous Substances at 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?
Petroleum Exclusion
- What is the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) petroleum exclusion?
- What substances are specifically excluded from CERCLA regulation by the petroleum exclusion?
- Does blended (oxygenated) gasoline fall within the scope of the CERCLA petroleum exclusion?
- Are mineral spirits considered petroleum derivatives and therefore excluded from the CERCLA definition of hazardous substance?
The Mixture Rule
- How are mixtures of hazardous substances (other than radionuclides) reported?
- Where there are several waste streams with the same identification number, is it sufficient to know the average quantities, or the maximum observed quantity, of hazardous constituents of the waste streams in order to apply the mixture rule to all of them?
- Are facilities required to determine the quantities or concentrations of hazardous constituents released within a waste stream that is listed under CERCLA?
- In determining whether a Reportable Quantity (RQ) has been released, are the quantities of different hazardous constituents additive under the mixture rule?
- How are mixtures of radionuclides reported if the composition of the mixture is known?
- How are mixtures of radionuclides reported if the composition of the mixture is unknown?
Reporting Releases
Determining Responsibility for Reporting
- Who must be notified of a release under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)?
- Who must be notified of a release under the Emergency Planning and Community Right-to-Know Act (EPCRA)?
- When is a release reportable to State and local response authorities?
- Are reports made to State and local government agencies relayed to the National Response Center (NRC) and, if so, does the original call satisfy reporting requirements under CERCLA section 103?
- 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?
- Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding an RQ at a Federal facility?
Who to Notify in the Event of a Release
- Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who is responsible for reporting releases and when must the report be made?
- How does one determine who is the person in charge?
- Under the Emergency Planning and Community Right-to-Know Act (EPCRA), who is responsible for reporting releases and when must the report be made?
- Who is the owner or operator?
- What facilities or vessels are covered under superfund release reporting requirements?
- What facilities are covered under the Emergency Planning and Community Right-to-Know Act (EPCRA) release reporting requirements?