CERCLA AND EPCRA RELEASE
                     REPORTING REQUIREMENTS
                                
                         EPA540-R-98-022
                         OSWER9205.5-18A
                          PB98-963 230

This document was developed by Booz, Allen & Hamilton Inc. under 
contract 68-W0-0039 to EPA.  It is intended to be used as a training tool 
for Hotline specialists and does not represent a statement of EPA policy.  

The information in this document is not by any means a complete 
representation of EPA's regulations or policies.  This document is used 
only in the capacity of the Hotline training and is not used as a reference 
tool on Hotline calls.  The Hotline revises and updates this document as 
regulatory program areas change.

The information in this document may not necessarily reflect the current 
position of the Agency.  This document is not intended and cannot be 
relied upon to create any rights, substantive or procedural, enforceable 
by any party in litigation with the United States. 

RCRA, Superfund & EPCRA Hotline Phone Numbers:

National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free from the hearing impaired (TDD) (800) 553-7672

The Hotline is open from 9 am to 6 pm Eastern Time, Monday through 
Friday, except federal holidays.


                            CONTENTS

1.  Introduction

2.  Regulatory Summary
    2.1  Definitions
    2.2  How Reporting Is Triggered
    2.3  Release
    2.4  Hazardous Substances
    2.5  Extremely Hazardous Substances
    2.6  Into the Environment
    2.7  Vessel or Facility
    2.8  Reportable Quantities
    2.9  Within a 24-Hour Period
    2.10 Reporting Procedures

3.  Special Issues
    3.1  Continuous Releases
    3.2  Disposal at RCRA Facilities
    3.3  Substances Which Change After Release
    3.4  Transportation-Related Releases

4.  Module Summary

                                
                       1.    INTRODUCTION
                                
The release reporting requirements set out in the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
and the Emergency Planning and Community Right-to-Know Act
(EPCRA) enable federal, state, and local authorities to
effectively prepare for and respond to chemical accidents.
CERCLA requires the person in charge of a vessel or facility to
immediately notify the National Response Center when there is a
release of a hazardous substance in an amount equal to or greater
than the reportable quantity (RQ) for that substance (CERCLA
Section 103(a)).  In order to ensure proper and immediate
responses to potential chemical hazards, EPCRA also requires
facilities to notify State Emergency Response Commissions and
Local Emergency Planning Committees of releases of hazardous
substances and extremely hazardous substances when the release
equals or exceeds the RQ (EPCRA Section 304(a)).  This module
reviews the regulations found at 40 CFR Part 302 promulgated
pursuant to CERCLA Section 103, and the regulations found at 40
CFR Section 355.40 promulgated pursuant to EPCRA Section 304.
These systems for reporting releases help ensure accountability
for cleanup, provide data for regulatory and public policy
purposes, and promote emergency planning.

The goal of this module is to explain the notification
requirements triggered by releases of CERCLA hazardous substances
and EPCRA-designated extremely hazardous substances (EHSs).
Specifically, when you finish this training session you should be
able to:

     * Provide the statutory basis and purpose for reporting
       CERCLA hazardous substance and EHS releases
     
     * Cite the definitions of "release," "hazardous substance,"
       "extremely hazardous substance," and "facility," and list
       the exclusions appropriate to each definition
     
     * Determine whether an RQ has been exceeded for multiple
       releases, mixtures, and RCRA hazardous wastes
     
     * Provide the Federal Register citation and explain the
       methodology for adjusting RQs
     
     * Cite the reduced reporting requirements for continuous
       releases and explain the differences between continuous
       release reporting under CERCLA and EPCRA.
     
Use this list of objectives to check your knowledge of this topic
after you complete the training session.
                                
                                
                    2.    REGULATORY SUMMARY
                                
The primary purpose of both CERCLA and EPCRA release reporting
requirements is to notify various levels of government of
potential hazards so that the necessary response actions can be
taken in a timely fashion to ensure maximum protection of human
health and the environment.  EPA does not necessarily take
enforcement action against releasers, but may take action against
those who fail to provide the required notification.  These
notifications assist EPA in identifying releases that may
eventually require a Superfund removal action or a long-term
remedial cleanup.

This module addresses the regulations promulgated pursuant to
CERCLA Section 103(a) and EPCRA Section 304 that require the
reporting of hazardous substance and EHS releases.  For each
hazardous substance and EHS identified, a reportable quantity
(RQ) of 1, 10, 100, 1000, or 5,000 pounds has been designated.
In the event that there is a release equal to or greater than the
designated RQ within a 24-hour period, a notification must be
made to the National Response Center (NRC), State Emergency
Response Commission (SERC), and Local Emergency Planning
Committee (LEPC), as appropriate.

The agencies notified in the event of a reportable release
operate as an emergency response network to deploy appropriate
emergency assistance in the event of a chemical release.  The
NRC, located at the United States Coast Guard (USCG)
Headquarters, is the national communications center continuously
manned for handling activities related to response actions.  The
NRC acts as the single federal point of contact for all pollution
incident reporting.  SERCs and LEPCs, established under EPCRA,
are dedicated to emergency response on the state and local
levels.  Membership in these entities includes firefighters, law
enforcement personnel, elected state and local officials,
environmental specialists, and other emergency response
personnel.

Since the goals of CERCLA and EPCRA are not the same, the release
reporting requirements differ slightly between the two laws.
CERCLA is a federal program designed to clean up abandoned
hazardous waste sites.  The release notifications provided under
CERCLA Section 103 help EPA identify sites that potentially
warrant a response action.  In contrast, EPCRA provides state and
local governments with the necessary information to develop
emergency response plans and to inform citizens of potential
risks.  Due to these underlying differences in purpose, CERCLA
release notifications are provided to the NRC, whereas EPCRA
notifications are provided to SERCs and LEPCs.  In order to fully
understand release reporting, however, CERCLA Section 103 and
EPCRA Section 304 requirements must be learned concurrently.  The
important distinctions between the two programs will be discussed
throughout this module.


2.1  DEFINITIONS

Familiarity with the following terms is key to understanding this
module.

FACILITY

CERCLA defines facility as any building, structure, installation,
equipment, pipe or pipeline, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, motor vehicle,
rolling stock, aircraft, or any site or area where a hazardous
substance has been deposited, stored, disposed of, or placed, or
otherwise come to be located.  Facility does not include any
consumer product in consumer use or any vessel (CERCLA Section
101(9)).

The definition of facility under EPCRA is not identical to that
under CERCLA.  EPCRA defines facility as all buildings,
equipment, structures, and other stationary items which are
located on a single site or on contiguous or adjacent sites and
which are owned or operated by the same person.  The definition
of facility also includes motor vehicles, rolling stock, and
aircraft (EPCRA Section 329(4)).  The implication of the
differences between these two definitions is explored in this
training module.

RELEASE

A CERCLA release is defined as any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment, including
abandonment or discarding of barrels, containers, and other
closed receptacles containing any hazardous substance, pollutant,
or contaminant (40 CFR Section 302.3 and CERCLA Section 101(22)).

Under EPCRA, a release is defined similarly to CERCLA's release
definition, except that the EPCRA definition also includes
releases of hazardous chemicals and EHSs (40 CFR Section 355.20
and EPCRA Section 329(8)).

REPORTABLE QUANTITY (RQ)

In order for a release of a hazardous substance or EHS to be
reportable, a certain amount must be released into the
environment within a 24-hour period.  This amount, called the
"reportable quantity," triggers emergency release notification
requirements.


2.2  HOW REPORTING IS TRIGGERED

There are certain criteria that must always be met to trigger
notification to the NRC, SERC, and LEPC.  The criteria under
CERCLA are slightly different than those under EPCRA because the
goals of the two programs are different.  There are conditions
applicable to each law that must be met in order to trigger
reporting.  Each condition is discussed in detail.

There are five specific conditions that must be met to trigger
the CERCLA requirement for notifying the NRC.  There must be a:

  *  Release
  *  Of a hazardous substance
  *  That equals or exceeds a reportable quantity
  *  From a vessel or facility
  *  Within a 24-hour period.
     
The conditions that trigger notification to the SERC and LEPC
under EPCRA are very similar to the above CERCLA conditions.
There are, however, some important differences.  To trigger EPCRA
Section 304 notification there must be a:

  *  Release with the potential to affect off-site persons
  *  Of a hazardous substance or extremely hazardous substance
  *  That equals or exceeds a reportable quantity
  *  From a facility at which a hazardous substance or extremely
     hazardous substance is produced, used, or stored
  *  Within a 24-hour period.
     

2.3  RELEASE

The first step in determining if release reporting requirements
are triggered is assessing whether or not a release has occurred.
Both statutes define the term "release" very broadly (as
discussed earlier in this module).  EPCRA Section 304, however,
carries the additional requirement that a facility must produce,
use, or store a hazardous chemical in order to have a "reportable
release."

RELEASES THAT ARE NOT REPORTABLE

There are several types of releases that are excluded from the
requirements of both CERCLA and EPCRA release reporting.  These
releases were excluded originally under CERCLA Section 101(22)
because they are covered by other regulatory programs.  The
regulations found at 40 CFR Section 355.40(a)(2)(v) extend these
statutory exclusions under CERCLA to the release reporting
requirements under EPCRA.


Exclusions From the Definition of Release

The definition of release in CERCLA Section 101(22) specifically
excludes:

  *  Emissions from engine exhaust of a motor vehicle, rolling
     stock, aircraft, vessel, or pipeline pumping station engines
  
  *  Releases of source, byproduct, or special nuclear material
     from a nuclear incident covered by financial protection
     under the Nuclear Regulatory Commission
  
  *  The normal application of fertilizers in accordance with
     product instructions.
     
Since these specific scenarios are excluded from the definition
of release, they need not be reported to the NRC, SERC, or LEPC,
even if an RQ has been equaled or exceeded.  CERCLA Section
101(22) also excludes releases in the workplace, but only with
respect to a claim asserted against the employer by a facility
worker.  Any claims covered by worker compensation through the
Occupational Safety and Health Administration regulations cannot
be filed under CERCLA.  The need for notification, however, must
be determined by whether or not a release from a CERCLA facility
or vessel enters into the environment.  If a release does not
remain wholly contained within a building or structure, then it
is a release into the environment for CERCLA's purposes, whether
or not it occurs within a workplace (50 FR 13462; April 4, 1985).

Federally Permitted Releases

Federally permitted releases are exempt from reporting
requirements (CERCLA Sections 103(a) and (b) and EPCRA Section
304(a)(2)(A)).  These exemptions from notification address a
range of situations where releases are regulated under another
program or are outside the scope of EPCRA's and CERCLA's purpose
and include the following:

  *  National Pollutant Discharge Elimination System (NPDES)
     permits
  *  Dredge and fill permits (CWA Section 404)
  *  RCRA permitted and interim status units
  *  Underground Injection Control (UIC) permits
  *  Clean dumping and incineration permits
  *  Air releases under Clean Air Act (CAA) permits
  *  Injection of fluids to develop crude oil or natural gas
     supplies
  *  Discharges to POTWs in accordance with pretreatment
     standards
  *  Releases of nuclear materials under the Atomic Energy Act
     (AEA).
     
EPA has proposed regulations that would more specifically define
federally permitted releases, but no final EPA policy has been
published on this exemption.  These proposed regulations should
not be used as guidance by the Hotline or regulated community in
answering questions about federally permitted releases.  There
have been several court cases involving this exemption, but such
litigation is outside the purview of the Hotline.  Until the
federally permitted release regulations are promulgated, the
scope of the exclusion is defined by the statutory language found
in both CERCLA and EPCRA.

Registered Pesticides

CERCLA Section 103(e) provides an exemption from release
reporting for the application of pesticide products registered
under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).  This exemption includes the handling and storage of a
pesticide product by an agricultural producer.  EPA does not,
however, consider the spill of a pesticide to be either an
"application" of the pesticide or in accordance with the
pesticide's purpose.  Consequently, such spills must be reported
if all additional criteria are met.


2.4  HAZARDOUS SUBSTANCES

Since CERCLA and EPCRA were written to serve different purposes,
there are two separate, but overlapping universes of chemicals
reportable under the two laws.  Only releases of hazardous
substances are reportable under CERCLA, whereas releases of both
hazardous substances and EHSs are reportable under EPCRA.
Because EPA was directed by Congress to compile these chemical
lists using different criteria, some chemicals are on both lists
and some chemicals appear on one list, but not the other.

The term "hazardous substance" is defined in CERCLA Section
101(14) to include a compilation of substances listed in
accordance with certain sections of the CAA, CWA, RCRA, and TSCA.
When a determination is made to regulate a substance under the
CAA, CWA, RCRA, or TSCA, it automatically becomes a CERCLA
hazardous substance and will be added to 40 CFR Table 302.4.
When a substance is delisted from the CAA, CWA, RCRA, or TSCA
lists, the substance remains on the hazardous substance list
unless EPA determines that there is no independent basis for
retaining the hazardous substance listing.  CERCLA grants the
Administrator of EPA the authority to automatically add new
substances to the list of hazardous substances codified in 40 CFR
Table 302.4.  For example, if a substance was identified as
potentially dangerous and was not defined as a hazardous
substance pursuant to Section 101(14), the Administrator has the
authority to designate that substance as hazardous and place it
in the table in 40 CFR Section 302.4 (CERCLA Section 102).

CLEAN AIR ACT

All hazardous air pollutants (HAPs) listed under Section 112(b)
of the CAA are hazardous substances under CERCLA.  When the CAA
was amended on November 15, 1990, 189 hazardous air pollutants
were added to the HAP list.  Several of these substances were
already designated as CERCLA hazardous substances because of
their regulation under other acts.  For those that were new to
the list of hazardous substances, a statutory reportable quantity
of one pound applied until EPA made final RQ adjustments on June
12, 1995 (60 FR 30926).

RADIONUCLIDES

Radionuclides are considered hazardous substances under CERCLA
because EPA designated them generically as hazardous air
pollutants pursuant to CAA Section 112(b).  RQs for radionuclides
are expressed in curies, not pounds.  A curie is a unit that
measures the rate of radioactive decay.  Establishing RQs for
radionuclides in mass units such as pounds would be inappropriate
because most radiation measurements and standards are activity-
based or dose-based.

CLEAN WATER ACT

The CWA contains two sets of chemicals that are reportable under
CERCLA and EPCRA.  Section 307(a) of CWA designates toxic
pollutants that are subject to pretreatment standards.  Section
311(b)(2)(A) of CWA designates elements and compounds that
present an imminent danger to the public health when discharged
into the navigable waters of the United States.  All substances
designated pursuant to these two sections are CERCLA hazardous
substances.

TOXIC SUBSTANCES CONTROL ACT

Section 7 of TSCA authorizes EPA to commence a civil action for
seizure of an imminently hazardous chemical substance or mixture,
or any article containing such substance or mixture.  Any
hazardous chemical that EPA has taken action against pursuant to
TSCA Section 7 would automatically become a CERCLA hazardous
substance.  To date, EPA has not designated any hazardous
substances pursuant to TSCA.

RESOURCE CONSERVATION AND RECOVERY ACT

Under RCRA, EPA established four separate lists of hazardous
wastes in 40 CFR Part 261, Subpart D:

  *  Hazardous wastes from nonspecific sources (F list), such as
     generic wastes produced by manufacturing and industrial
     processes
  
  *  Hazardous wastes from specific sources (K list), such as
     wastes from specifically identified industries (e.g., wood
     preserving, petroleum refining, and chemical manufacturing)
  
  
  *  Commercial chemical products (P and U lists) that are
     chemical substances manufactured for commercial or
     manufacturing use and that consist of the commercially pure
     grade of the chemical.
     
RCRA hazardous wastes that are not specifically listed are
identified by the characteristics of ignitability (I),
corrosivity (C), reactivity (R), and toxicity (TC) (40 CFR Part
261, Subpart C).  The release of a material that exhibits one or
more characteristics of hazardous waste, but is not specifically
listed on the 40 CFR Section 302.4 table, is reportable provided
the material becomes a waste upon release and the amount released
meets the RQ (40 CFR Section 302.5(b) and 50 FR 13460; April 4,
1985).

As with all other hazardous substances, RCRA listed hazardous
wastes (i.e., F, K, P, and U) and characteristic wastes are
reportable if the release equals or exceeds the designated RQ.

THE PETROLEUM EXCLUSION

Under CERCLA, petroleum products have a statutory exclusion from
the definition of hazardous substance.  Not all the exclusions
found in CERCLA can be extended to EPCRA.  This particular
exclusion applies only to CERCLA hazardous substances, as
explained below.

CERCLA Section 101(14) excludes certain substances from the
definition of hazardous substance, thus exempting them from
CERCLA regulation.  These substances include petroleum, meaning
crude oil or any fraction thereof which is not specifically
listed as a hazardous substance.  Natural and synthetic gases, or
mixtures of natural and synthetic gases are also excluded.  If a
release of one of these substances occurs, CERCLA notification is
not required.

EPA interprets petroleum as including those amounts of hazardous
substances, such as benzene, that are indigenous to crude oil or
its fractions or that are normally added during the refining
process.  Such amounts are part of the petroleum and are excluded
from regulation under CERCLA.  Hazardous substances added to the
petroleum or increased in concentration solely as a result of
contamination during use are not part of the petroleum and are
not excluded from regulation under CERCLA.  Such amounts of
hazardous substances are subject to CERCLA response authority,
liability, and release reporting requirements (50 FR 13460; April
4, 1985, and OSWER Directive 9838.1, July 31 1987).

Although the petroleum exclusion exempts release of petroleum
from CERCLA Section 103(a) reporting requirements, it does not
exempt a facility from EPCRA Section 304 reporting requirements.
A release of a petroleum product containing an EHS is potentially
reportable under EPCRA Section 304 if more than an RQ of an EHS
is released.  Unlike those hazardous substances in petroleum that
are present in naturally occurring amounts, or are normally added
during refining, EHSs in petroleum products are reportable under
EPCRA Section 304 even if they are indigenous to the petroleum
product (52 FR 13385; April 22, 1987).  Therefore, a release of a
petroleum product containing an RQ of an EHS is reportable to the
SERC and LEPC.

HAZARDOUS SUBSTANCES THAT ARE NOT REPORTABLE

There are certain types or forms of hazardous substances that are
not reportable under CERCLA or EPCRA, even though they otherwise
meet the hazardous substance listing criteria, as a result of EPA
policy determinations.  These types of hazardous substances are
not reportable because EPA has determined that a release of these
substances either does not present a substantial endangerment to
human health or the environment or would impose an unnecessary
burden on the NRC, SERCs, LEPCs, and regulated community.  The
types or forms of hazardous substances that are not reportable to
the NRC, SERCs, or LEPCs are listed below.

Metals

Massive forms of metals, meaning those with a particle diameter of
at least 100 micrometers, are not reportable when spilled.  A
particle size larger than 100 micrometers in diameter cannot pass
through an American Society for Testing and Materials (ASTM)
standard 140-mesh sieve (50 FR 13461; April 4, 1985).  These
substances are not reportable under CERCLA or EPCRA because EPA
has determined that releases of massive forms of metal would
normally not require a response due to the unlikely inhalation of
such large particles.  A release of a metal classified as a
radionuclide does not qualify for this exemption, even if the
particles meet the size parameters (54 FR 22526, 22538; May 24,
1989).

Generic Classes of Compounds

Broad generic classes of organic and metallic compounds are
listed in Table 302.4 without corresponding RQs.  Only a release
of those member compounds that are also specifically listed
elsewhere in Section 302.4 with a corresponding RQ are
reportable.  For example, there is no RQ for the broad category
of arsenic and compounds, but there is an RQ of one pound for
arsenic disulfide, which is a member of the generic class.  The
release of compounds that are not specifically listed, but fall
into one of the broad generic categories, are not reportable
because EPA has determined that assigning an RQ to these
particular broad categories may be inappropriate for many
chemicals that fall into that class (50 FR 13461; April 4, 1985).
Likewise, none of the broad generic categories added by the 1990
CAA amendments have an assigned RQ (60 FR 30926; June 12, 1995).
Keep in mind that while the releaser of a broad category
substance does not need to report the release, "a releaser is
liable for the cleanup of releases of hazardous substances which
fall under any of the broad, generic classes..." (50 FR 13461;
April 4, 1985).


Radionuclides

EPA has issued administrative reporting exemptions that apply to
certain radionuclide releases.  The following categories of
radionuclide releases are exempt from reporting requirements:

  *  Releases of naturally occurring radionuclides (e.g., radon)
     from land holdings such as parks, golf courses, and other
     large tracts of land
  
  *  Releases of naturally occurring radionuclides from the
     disturbance of land for purposes other than mining, such as
     agricultural and construction activities
  
  *  Releases of radionuclides from the dumping of coal and coal
     ash at utility and industrial facilities with coal-fired
     boilers
  
  *  Radionuclide releases to all media from coal and coal ash
     piles at utility and industrial facilities with coal-fired
     boilers.
     
EPA originally granted these administrative reporting exemptions
in a final rule on May 24, 1989 (54 FR 22524), because EPA
believed that reporting radionuclide releases from these four
source categories would serve no useful purpose.  Subsequent to
the promulgation of that final rule, the U.S. Court of Appeals
for the District of Columbia held that the administrative
reporting exemptions were not properly promulgated because they
were issued without sufficient notice and opportunity for public
comment.  The court, however, allowed the exemptions to remain in
place while EPA provided the public with notice of, and the
opportunity to comment on, the four aforementioned exemptions.
On November 30, 1992 (57 FR 56726), EPA published a proposed
rulemaking that provides notice of and requests comment on the
reporting exemptions.  EPA published a supplemental proposed rule
in response to issues raised in comments on August 4, 1995 (60 FR
40042).  The comment period on this proposed rule ended December
4, 1995 (60 FR 51765; October 3, 1995).


2.5  EXTREMELY HAZARDOUS SUBSTANCES

The EHS list was first developed under the CEPP Interim Guidance
as the "acutely toxic chemical" list and is now found in the
regulations at 40 CFR Part 355, Appendices A and B.  This list
identifies chemicals that are most likely to induce serious acute
reactions following short-term airborne exposure.

EPA proposed to standardize reporting requirements for substances
under both regulations by designating the EHSs that are not
listed under CERCLA (40 CFR Section 302.4) as CERCLA hazardous
substances.  This proposed rulemaking was published in the
Federal Register on January 23, 1989 (54 FR 3388), but has since
been withdrawn from consideration.  If the proposed rule had been
finalized, releases of all EHSs would require notification to the
NRC, and the liability provisions of CERCLA Section 107 would
apply.  Figure 1 demonstrates how the EHS and hazardous
substances lists are related.
                                
                            Figure 1
                  CHEMICAL SUBSTANCE INTERFACE

                                
2.6  INTO THE ENVIRONMENT

A key factor in determining whether a release has occurred is the
interpretation of the phrase "into the environment" found in the
definition of release under both CERCLA and EPCRA.  As stated in
Section 101(8) of CERCLA, "the environment" includes all
environmental media (i.e., air, water, land surface and
subsurface strata).  Releases to the environment do not include
releases that are wholly contained inside a closed containment
structure, such as a building or an enclosed vehicle.  Hazardous
substances discharged in buildings or vehicles with active vents
or openings, however, may become releases into the environment.
For example, a spill of a hazardous substance onto a concrete
floor of a totally enclosed manufacturing facility could be
released into the environment if part of that substance seeps
into the ground through cracks in the concrete or volatilizes
into the atmosphere via process vents.  When a release exceeds or
equals the reportable quantity, the facility is subject to the
notification requirements of CERCLA Section 103 and EPCRA Section
304.  The meaning of the phrase "into the environment" is a
controversial issue.  The CERCLA definition of "into the
environment" has not been definitively interpreted by EPA.
Whether a release is considered "into the environment" or not is
decided on a case-by-case basis.  There is limited guidance that
may help in answering situation-specific questions.

INTO THE ENVIRONMENT UNDER CERCLA

A rule issued on May 24, 1989 (54 FR 22524), clarified the
definition of "release into the environment."  In this rule, EPA
considered the stockpiling of an RQ of a hazardous substance to
be a release.  "Any activity that involves the placement of a
hazardous substance into any unenclosed containment structure
wherein the hazardous substance is exposed to the environment is
considered a release" (54 FR 22526; May 24, 1989).  For example,
the placement of an RQ or more of a radionuclide into an open
tank or surface impoundment would constitute a reportable
release.  This interpretation, however, was challenged in court
(Fertilizer Institute v. EPA) and was overturned.  The U.S. Court
of Appeals, D.C. Circuit, ruled that EPA, by interpreting the
term "release" to include placement of a substance into a
structure that is exposed to the environment, violated the
statutory intent.  The court ruled that mere exposure of a
hazardous substance to the environment constitutes only the
threat of a release unless the substance volatilizes or otherwise
enters the environment.  Since the court's decision, there has
been no further EPA interpretation of the phrase "into the
environment," so determining what constitutes "into the
environment" is left to be resolved on a case-by-case basis.

INTO THE ENVIRONMENT UNDER EPCRA

The ambiguity of the phrase "into the environment" is not as
important under EPCRA, because the EPCRA release notification
requirements, found at 40 CFR Section 355.40, stipulate that only
releases that have the potential to affect persons beyond the
facility boundaries are reportable.  As a result, a release that
is reportable under CERCLA may not be reportable under EPCRA.
EPA, however, encourages facilities to report on-site releases
under EPCRA Section 304 if there is any potential for the release
to migrate off-site (i.e., via groundwater or air pathways).


2.7  VESSEL OR FACILITY

The next step in determining when a release triggers notification
is to determine the origin of the release; that is, whether the
release occurred from a facility or vessel.  Under CERCLA,
notification is required for releases of hazardous substances
from vessels or facilities.  A facility is any building, pipe,
landfill, lagoon, motor vehicle, or other structure listed in
CERCLA Section 101(9).  The term "facility" excludes consumer
products in consumer use, such as a spill of paint thinner from a
private home (48 FR 23552; May 25, 1983).  A vessel is defined as
any watercraft or other artificial contrivance used, or capable
of being used, as a means of transport on water (CERCLA Section
101(28)).

Under EPCRA, a facility is defined as all buildings, equipment,
structures, and other stationary items located on a single site,
or on contiguous or adjacent sites, and are owned and operated by
the same person (EPCRA Section 329(4)).  Vessels are not included
in the definition of facility found in EPCRA Section 329(4), and
thus releases of hazardous substances from vessels are only
reportable to the NRC, not the SERC or LEPC.  Furthermore, EPCRA
specifies that a facility must also produce, use, or store a
hazardous chemical to trigger notification.


2.8  REPORTABLE QUANTITIES

EPA has statutory authority to determine an amount for each
CERCLA hazardous substance that, when released into the
environment from a facility, requires notification.  Until
adjusted by EPA, RQs for CERCLA hazardous substances are fixed by
statute at one pound, unless an RQ has been designated pursuant
to a parent statute (i.e., CWA).  The RQs for EHSs that are not
also CERCLA hazardous substances are also fixed at one pound
until adjusted by a rulemaking (EPCRA Section 304(a)(2)).  All
reportable quantities are listed in pounds, except those for
radionuclides, which are in curies.  RQs for hazardous substances
and EHSs are listed in a table at 40 CFR Section 302.4 and 40 CFR
Part 355, Appendices A and B, respectively.  The RQ level does
not reflect whether or not a given release is hazardous, but
rather acts as a trigger for possible governmental response
action.

All concurrent releases of the same substance from a particular
facility into the environment must be aggregated to determine if
an RQ has been exceeded.  Releases from separate facilities need
not be aggregated (50 FR 13459; April 4, 1985).

STATUTORY RQs

Congress established RQs for hazardous substances that are
enforceable until EPA sets a final RQ for the substance.  The
statutory RQ is one pound (CERCLA Section 102(b)) for all
hazardous substances unless a higher RQ had already been
established under the CWA.  The statutory RQ for non-CERCLA EHSs
is also one pound (EPCRA Section 304(a)(2)).  CERCLA Section
102(a) and EPCRA Section 304(a)(2) give EPA the authority to
adjust the RQs for hazardous substances and for non-CERCLA EHSs,
respectively.

BASIS FOR RQs AND ADJUSTMENTS

Hazardous Substances

Under CERCLA, each hazardous substance is evaluated for six
primary criteria: aquatic toxicity, mammalian toxicity,
ignitability, reactivity, chronic toxicity, and potential
carcinogenicity.  A primary RQ is set for each criterion.  EPA
sets hazardous substance RQs at either 1, 10, 100, 1,000, or
5,000 pounds.  The lowest primary RQ is then evaluated against
three secondary criteria - biodegradability, hydrolysis, and
photolysis - which are natural degradation processes.  The RQ is
raised to the next level if the secondary criteria indicate that
the substance will break down or degrade to a less hazardous
substance when released into the environment.  If the degradation
product is more hazardous, the RQ value will be lowered to the RQ
of the more hazardous substance.  That number then becomes the
final RQ.  The methodology for setting RQs is discussed in the
May 25, 1983, Federal Register (48 FR 23552).  Anytime an RQ is
adjusted under CERCLA, it is also adjusted in the CWA regulations
(40 CFR Section 117.3), if applicable.

Extremely Hazardous Substances

As stated previously, many EHSs are also CERCLA hazardous
substances.  Releases of EHSs that are also CERCLA hazardous
substances are reportable at the same RQ level applicable under
CERCLA (EPCRA Section 304(a)(1)).  Until recently, those EHSs
that are not CERCLA hazardous substances (non-CERCLA EHSs) were
reported at a one-pound statutory RQ level.  However, a May 7,
1996, Federal Register (61 FR 20473) adjusted the RQs for non-
CERCLA EHSs, making the RQs the same as the threshold planning
quantities (TPQs) assigned to those substances.  Although the RQs
and TPQs trigger two distinct notification requirements, both
quantities are based on the possibility of harm from the release
of a specific substance.  Therefore, EPA believes it is
appropriate to use the EPCRA Section 302 TPQs assigned for
emergency planning purposes to set RQs for EPCRA Section 304
release notification purposes.

CWA MIXTURE RULE

Most hazardous substances and EHSs produced, used, or stored by
facilities do not exist in pure forms, but are found in mixtures
or solutions.  There are special rules that facilities must
follow when determining the RQ for releases of mixtures or
solutions.

If a mixture of hazardous substances or EHSs is released and the
concentration of all hazardous substances and EHSs in the mixture
are known, the CWA mixture rule may be used to calculate whether
an RQ of any hazardous substance or EHS has been released.  RQs
of different substances are not additive.  This means that
spilling a mixture containing half an RQ of one hazardous
substance or EHS, and half an RQ of another hazardous substance
or EHS does not add up to trigger reporting requirements.

To use the CWA mixture rule, the releaser must calculate the
amount of each hazardous substance or EHS that has been released.
For instance, a release of 100 pounds of a mixture that is 40
percent acrylonitrile would be equivalent to a release of 40
pounds of acrylonitrile.  This release would not be reportable,
since the RQ for acrylonitrile is 100 pounds.  If there is more
than one hazardous substance or EHS in a mixture, the releaser
must check the RQ for each substance.  The release must be
reported if the RQ for any hazardous substance or EHS has been
met or exceeded.  If the concentrations of the hazardous
substances or EHSs are unknown, reporting is required when the
total amount of the mixture released equals or exceeds the RQ for
the component with the lowest RQ (40 CFR Section 302.6 and 54 FR
33418; August 14, 1989). The April 4, 1985, Federal Register (50
FR 13463) discusses the CWA mixture rule in detail.

The CWA mixture rule can be particularly confusing when applied
to RCRA hazardous wastes.  The following sections explain the
application of the mixture rule to listed and characteristic
hazardous wastes.

DETERMINING RQs FOR RCRA WASTES

RCRA has identified listed and unlisted wastestreams that are
regulated as hazardous wastes and thus regulated as CERCLA
hazardous substances.  The RQ for each RCRA hazardous wastestream
is listed in 40 CFR Section 302.4.

RCRA wastes may be treated as mixtures only if all hazardous
components and their concentrations in the mixture are known.
Otherwise, the RQ for the wastestream must be used.  The CWA
mixture rule also applies to unlisted characteristic wastes if
the concentrations of all the constituents in the waste are
known.

F- and K-Listed Hazardous Wastes

As with all releases of CERCLA hazardous substances and EHSs, F-
and K-listed RCRA hazardous wastes are reportable if the spill of
the waste equals or exceeds the designated RQ.  Persons in charge
of vessels or facilities can apply the CWA mixture rule to RCRA F-
and K-listed wastestreams if the concentrations of the hazardous
constituents within the waste are known.  If the concentrations
of the substances within a listed hazardous waste are unknown,
the RQ of the specific listed hazardous waste applies.  For
example, if a release of F001 occurred and the concentrations of
the constituents in the waste were unknown, the RQ for the
wastestream (10 pounds) would apply.  By contrast, if the person
in charge can determine that the F001 hazardous waste contains 50
percent 1,1,1-trichloroethane and 50 percent water, the CWA
mixture rule can be applied.  Since 1,1,1-trichloroethane has a
1,000-pound RQ, in this example the spill is not reportable until
2,000 pounds are released.

P- and U-Listed Hazardous Waste

The definition of hazardous substance in CERCLA Section
101(14)(C) incorporates all RCRA hazardous wastes, including
commercial chemical products listed in 40 CFR Section 261.33(e)
and (f).  Under RCRA, in order for a material to be defined as a
commercial chemical product and to receive a P or U hazardous
waste code, the material has to be an unused product in which the
chemical is the sole active ingredient.  These hazardous wastes,
in addition to all other RCRA hazardous wastes, are listed as
hazardous substances under CERCLA.  Releases of these P and U
hazardous wastes, listed in Table 302.4, are reportable when the
designated RQ is equaled or exceeded.  It is important to
remember that the RCRA regulatory parameters for commercial
chemical products do not apply to individually listed CERCLA
hazardous substances.  For example, a release of amitrole (U011)
need not meet the unused, sole active ingredient restrictions
that are applied to RCRA commercial chemical products in order to
be reportable, since amitrole is specifically listed as a
hazardous substance.  Releases of amitrole are reportable when
the release equals or exceeds 10 pounds.

RCRA Characteristic Wastes

Unlisted wastes exhibiting the characteristics of ignitability,
corrosivity, and/or reactivity (ICR) have a RQ of 100 pounds.  If
a waste known to be hazardous solely because of the
characteristic of ignitability was released into the environment,
the RQ would be 100 pounds.  If an unlisted ICR waste is analyzed
and the concentrations of all of its hazardous components are
identified, the waste is no longer an unlisted waste, but one
characterized by its components.  Therefore, the RQ of the
specific listed components of the hazardous substance can be used
to determine when reporting is required.  For example, if a waste
is known to be corrosive solely because of its sulfuric acid
content, and no other ICR characteristics are present, the RQ of
the waste is reached when 1,000 pounds of the sulfuric acid are
released.  If the corrosive waste is a 25 percent solution of
sulfuric acid in water, in this example the RQ of the waste is
not reached until 4,000 pounds of the waste are released (50 FR
13456; April 4, 1985).

Toxicity characteristic hazardous wastes (D004-D043) are
hazardous substances under CERCLA and are listed with their
applicable RQs in Table 302.4 under "Unlisted Hazardous Wastes:
Characteristic of Toxicity."  Unlike other unlisted hazardous
wastes (ICR), toxicity characteristic hazardous wastes have
reportable quantities specific to the contaminant on which the
characteristic of toxicity is based (e.g., lead or selenium).  If
the composition of a wastestream can be determined, then the
waste is no longer an unlisted waste, and the CWA mixture rule
would apply.  The test used to determine the toxicity
characteristic, the Toxicity Characteristic Leaching Procedure
(TCLP), measures the concentrations within a leachable extract of
a waste sample, not total concentrations of all the substances in
a wastestream.  Accordingly, data gathered when conducting a TCLP
will not automatically provide an owner/operator of a facility
with the total composition of a waste.  Should the owner/operator
have measures of the total concentrations of the hazardous
constituents in the waste from another test or through
application of knowledge, the CWA mixture rule would apply.


2.9  WITHIN A 24-HOUR PERIOD

The last element of the trigger indicating when a release is
reportable is whether an amount of the hazardous substance or EHS
equaling or exceeding the RQ is released over a 24-hour period.
Under EPCRA Section 304(a), releases of EHSs are only reportable
if they occur in a manner that requires, or would require,
notification under CERCLA Section 103(a).  EPA has interpreted
this provision to mean the 24-hour period policy under CERCLA is
also applicable under EPCRA.  This time frame refers to the time
period over which a release is to be measured; it does not mean
that one has 24 hours in which to report the release (50 FR
13463; April 4, 1985).  Reporting to the NRC, SERC, and LEPC must
occur immediately upon the discovery that an RQ has been
exceeded.


2.10 REPORTING PROCEDURES

The NRC, SERC, and LEPC must be notified when there is a release
of an RQ of a hazardous substance or EHS into the environment
according to CERCLA Section 103(a) and EPCRA Section 304.  The
purpose of the notification is to alert government officials that
an emergency response may be needed to protect human health and
the environment.  The decision to respond to a reported release
is made on a case-by-case basis.  Reporting a release does not
free the responsible party from liability for cleanup costs (50
FR 13459; April 4, 1985).

MECHANICS OF NOTIFICATION

To fulfill the requirements under CERCLA Section 103(a), the
person in charge of the vessel or facility must report the
release of a hazardous substance to the NRC at
(800) 424-8802, as soon as it is determined that an RQ has been
released into the environment within a 24-hour period (40 CFR
Section 302.6).  Upon receipt of the report, the NRC will notify
the on-scene coordinator (OSC) at the appropriate EPA Regional
office or U.S. Coast Guard district office.  The OSC informs
state and local officials and decides on the federal government's
response.

In order to meet the requirements under EPCRA Section 304, the
owner or operator of a facility must report releases of hazardous
substances and EHSs to the SERC and LEPC immediately.  The notice
to the SERC and LEPC must include (40 CFR Section 355.40(b)(2)):

  *  The chemical name or identity of any substance involved in
     the release
  *  An indication of whether the substance is an EHS
  *  An estimate of the quantity released into the environment
  *  The time and duration of the release
  *  The medium or media into which the release occurred
  *  Any known or anticipated acute or chronic health risks
     associated with the emergency and, where appropriate, advice
     regarding medical attention necessary for exposed
     individuals
  *  Proper precautions to take as a result of the release,
     including evacuation (unless such information is readily
     available to the community emergency coordinator pursuant to
     the emergency plan)
  *  The names and telephone numbers of the person or persons to
     be contacted for further information.

EPA strongly recommends that facilities indicate the location of
the incident in the initial notice, but this is not a regulatory
requirement.

As soon as practicable after a release that requires notice under
EPCRA Section 304, the owner or operator of the facility is
required to submit a written follow-up notice (or notices, if
necessary) to the affected LEPCs and SERCs (40 CFR Section
355.40(b)(3)).  This report must contain all information required
in the initial notice, plus any updated and additional
information with respect to actions taken to respond to and
contain the release, known or anticipated acute or chronic health
risks associated with the release, and where appropriate, advice
regarding medical attention necessary for exposed individuals (52
FR 13396; April 22, 1987).  EPA strongly recommends that the
cause of the release be reported in the follow-up notice.  Figure
2 depicts the notification requirements under both CERCLA and
EPCRA.

NEWSPAPER NOTICE

The owner or operator of any vessel or facility from which a
hazardous substance has been released must "provide reasonable
notice to potential injured parties by publication in local
newspapers serving the affected area" in addition to the NRC
notification (CERCLA Section 111(g)).  This is a statutory
provision that has not yet been clarified in specific
regulations.

EMERGENCY RESPONSE NOTIFICATION SYSTEM

When a person calls to report a release, the NRC asks a series of
questions.  The information is loaded into the Emergency Response
Notification System (ERNS).  ERNS is a database and retrieval
system used to track information relating to notifications of oil
and hazardous substances.  The database provides a direct source
of data that can be used to analyze notifications and spills,
support emergency planning efforts, and assist decision-makers in
developing spill prevention programs.

EPA's Emergency Response Division Information Line ((202) 260-
2342) provides information on ERNS.  ERNS data are accessible
electronically through the Right-to-Know Network (RTK NET)
(telnet, rtknet.org; World Wide Web, http://rtk.net; modem access
(202) 234-8570) and through EPA's World Wide Web page at:
http://www.epa.gov/ERNS/
                                
                                
                            Figure 2
  FACILITY REPORTING UNDER EPCRA Section 304 AND CERCLA Section
                             103(a)
                                
                                
                      3.    SPECIAL ISSUES

There are several issues relating to CERCLA and EPCRA release
reporting that need special attention.  These topics augment
previously discussed material.  Knowledge of these special issues
is essential to fully understanding the two programs.


3.1  CONTINUOUS RELEASES

When a release of a hazardous substance or an EHS occurs
regularly and in relatively stable amounts, state and local
officials do not have to be notified each time such a release
occurs.  These reduced reporting requirements relieve the burden
on the SERC, LEPC, NRC, and regulated community.  This type of
release, known as a continuous release, is defined as a release
which occurs without interruption or abatement, and is stable in
quantity and rate, or that is routine, anticipated, intermittent,
and incidental to normal operations or treatment processes (40
CFR Section 302.8).

To qualify a release for reporting as a continuous release, the
facility must establish a basis for asserting that the release is
continuous as defined by the statute.  A release may be reported
for a period of time necessary to establish that the pattern of
the release is continuous and stable.  If sufficient basis is
established for the continuity, quantity, and regularity of a
release, multiple reports are not necessary.  Past release data,
engineering estimates, knowledge of a facility's operations,
and/or best professional judgment may be used to establish the
pattern of a release.  A single telephone call to the NRC, SERC,
and LEPC will alert authorities of a facility's intent to report
a release as a continuous release.

Once a facility has determined that a release qualifies as
"continuous," and chooses that reporting option, there are five
kinds of notification required:

  *  Initial telephone notification to the NRC, SERC, and LEPC
  *  Initial written notification to the appropriate EPA Regional
     office, SERC, and LEPC within 30 days of initial telephone
     notification
  *  Written follow-up report to the EPA Regional office one year
     after initial written notification
  *  Immediate reports of any statistically significant increase
     (SSI) in the release to the NRC, SERC, and LEPC
  *  Notification of changes in the source or composition of the
     release.
     
An SSI of a release is defined as an increase in the quantity of
the hazardous substance released above the upper bound of the
previously reported normal range of the releases.  The normal
range is the range of releases occurring over any 24-hour period
under normal operating conditions during the previous year (55 FR
30168; July 24, 1990).  The person in charge of a facility must
report all SSIs to the NRC, SERC, and LEPC immediately, and
should identify the notice as an SSI.  An SSI is an episodic
release, and will be treated as such by the NRC.  When releases
continually exceed the upper bound, facilities may modify the
range by providing at least one SSI notification indicating the
new range to the NRC, SERC, and LEPC, and providing a written
notification to the EPA Regional offices within 30 days (see
Reporting Requirements for Continuous Releases of Hazardous
Substances:  A Guide for Facilities and Vessels on Compliance,
OSWER Directive 9360.7-01).

If there is a change in the composition or source(s) of the
release, the release must be treated as a new release for
notification purposes.  Such changes require the submission of an
initial telephone notification and initial written notification
in order to qualify as a continuous release (40 CFR 302.8(g)(1)).

Continuous release reporting applies to both CERCLA hazardous
substances and EPCRA EHSs; however, the notification requirements
differ somewhat.  Continuous release notifications for CERCLA
hazardous substances are made to the NRC, the EPA Regional
office, the SERC, and the LEPC as shown in Figure 3.  As shown in
Figure 4, continuous release notifications for non-CERCLA EHSs,
including an initial telephone call, the initial written report,
and the SSI report, are made to the SERC and the LEPC.

                            Figure 3
            CONTINUOUS RELEASE REPORTING REQUIREMENTS
                 FOR CERCLA HAZARDOUS SUBSTANCES
                                
                                
                                
                            Figure 4
     WHERE TO SUBMIT CONTINUOUS RELEASE REPORTS FOR RELEASES
                       OF NON-CERCLA EHSs
                                

3.2  DISPOSAL AT RCRA FACILITIES

There are two types of RCRA land disposal facilities: Subtitle C
hazardous waste facilities and Subtitle D nonhazardous waste
facilities (e.g., municipal solid waste landfills).  The
standards to which owners and operators or Subtitle C facilities
are subject are much more stringent than those covering Subtitle
D facilities.

EPA has established an administrative exemption from CERCLA
release notification requirements for the disposal of hazardous
substances at RCRA Subtitle C hazardous waste facilities.
Because the disposal of wastes into permitted or interim status
facilities is properly documented through the RCRA manifest
system, EPA believes that notification under CERCLA does not
provide a significant additional benefit (50 FR 13461; April 4,
1985).  Under EPCRA, releases of hazardous substances or EHSs are
only reportable if they require, or occur in a manner which would
require, notification under CERCLA Section 103(a).  Therefore,
disposal of a hazardous substance or an EHS into a RCRA Subtitle
C facility does not require notification under either CERCLA or
EPCRA.

No such administrative exemption exists for releases to RCRA
Subtitle D nonhazardous waste facilities.  Therefore, releases of
hazardous substances or EHSs in amounts equal to or greater than
an RQ into one of these facilities are potentially subject to
CERCLA and EPCRA release notification requirements.


3.3  SUBSTANCES THAT CHANGE AFTER RELEASE

A release of a substance that rapidly forms a CERCLA hazardous
substance upon release is a reportable event (51 FR 34534;
September 29, 1986, Footnote 2).  For example, a metal chloride,
which is not specifically listed as a hazardous substance under
CERCLA, readily changes to hydrochloric acid when it comes in
contact with water.  Hydrochloric acid is specifically listed as
a hazardous substance under CERCLA and, therefore, must be
reported if an RQ or more is released in a 24-hour period.  EPA
has not clarified the term "rapidly," nor listed all substances
that rapidly form hazardous substances when released.


3.4  TRANSPORTATION-RELATED RELEASES

Under EPCRA, there are unique provisions for reporting that apply
to transportation-related releases.  A transportation-related
release means "a release during transportation, or storage
incident to transportation if the stored substance is moving
under active shipping papers and has not reached the ultimate
consignee" (40 CFR Section 355.40(b)(4)(ii)).  The owner or
operator of a facility for which there is a transportation-
related release of more than the substance's RQ may meet the
notification requirements of EPCRA Section 304 by providing the
required information to the local 911 emergency service instead
of the SERC or LEPC.  If there is no 911 service, the information
may be given to the telephone operator (40 CFR Section
355.40(b)(4)(ii)).  Under CERCLA Section 103(a), however, even
transportation-related releases must be reported immediately to
the NRC.


                      4.    MODULE SUMMARY

CERCLA and EPCRA both contain release reporting regulations with
similar provisions.  However, because the two laws have different
goals, the requirements are not exactly the same.  The CERCLA
program is designed to promote federal cleanup of hazardous
substances, whereas EPCRA primarily serves to notify state and
local governments and citizens of potential hazards.  The
triggers for CERCLA Section 103 notification to the NRC and EPCRA
Section 304 notification to the SERC and LEPC are closely linked.
Enacted in 1986, EPCRA broadened the notification provisions of
CERCLA, but did not replace notification to the NRC.  Notifying
the NRC, SERC, or LEPC does not relieve a responsible party from
any possible liability, nor does it automatically trigger a
response action.  Failure to report, however, can result in
severe civil and possible criminal penalties.  These enforcement
provisions will be discussed in future modules.

CERCLA and EPCRA are not the only statutes that address spills
and releases.  Other laws may also trigger reporting requirements
at the time of a release of a hazardous substance or material.
These include:

  *  The Hazardous Materials Transportation Act (HMTA),
     administered by the Department of Transportation (DOT),
     requires reporting of hazardous materials releases or
     accidents
  
  *  The Toxic Substances Control Act (TSCA), administered by
     EPA, requires reporting of releases of polychlorinated
     biphenyls (PCBs) (54 FR 33437; August 14, 1989)
  
  *  The Clean Water Act (CWA), administered by EPA, requires
     reporting of hazardous substance and oil releases into
     navigable waters.  The Spill Prevention Control and
     Countermeasures (SPCC) program was promulgated under CWA
     authority.