CERCLA and EPCRA Continuous Release Reporting
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Reportable Quantities and Continuous Release Reporting
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103(f)(2) [42 U.S.C. 9603(f)(2)] and EPA’s implementing regulations [40 CFR Part 302 .8] provide a reduced reporting option for "continuous" releases of hazardous substances. This relief applies to facilities that release CERCLA hazardous substances that are “continuous” and “stable in quantity and rate”. This reduced reporting requirement also applies to the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 304 Emergency Release Notification.
EPA defines a continuous release as a release of a hazardous substance that is continuous and stable in quantity and rate. EPA interprets "continuous" to mean a release that occurs without interruption or abatement that is routine, anticipated, and intermittent during normal operation or treatment process. "Stable in quantity and rate" means predictable and regular in amount and rate of emission [40 CFR 302.8(b)].
A continuous release may be a release that occurs 24 hours a day, such as a radon release from a stock pile. It may also be a release that occurs during a certain process, such as benzene released during the production of polymers, or a release of a hazardous substance from a tank vent each time the tank is filled.
Releases from malfunctions may qualify for reduced reporting as continuous releases if they:
- Are normal plant operation or treatment processes,
- Are stable in quantity and rate, and either
- Occur without interruption of abatement, or
- Are routine, anticipated, and intermittent.
For these types of releases, reporting facilities can choose either to:
- Report on a per occurrence basis, or
- Report as a “continuous” release in accordance with the Continuous Release Rule, “Reporting Continuous Releases of Hazardous Substances” (55 FR 30166, July 24, 1990).
To assist you with reporting continuous releases, EPA has developed a guide on the Reporting Requirements for Continuous Releases of Hazardous Substances that includes forms for written reports. The guide provides an overview of the information required for the initial and first anniversary follow-up reports to assist your collection of the required information.
Where to Submit Continuous Release Reports for Releases of CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances
| Continuous Release Reporting Requirements | National Response Center | State or Tribal Emergency Response Commission (SERC or TERC) | Local or Tribal Emergency Planning Committee (LEPC or TEPC) | EPA Headquarters |
|---|---|---|---|---|
| Initial Telephone Notification* | CERCLA Hazardous Substances | CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances | CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances | |
| Initial Written Report | CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances | CERCLA Hazardous Substances and EPCRA Extremely Hazardous Substances | CERCLA Hazardous Substances | |
| Follow-up Notification (Anniversary Report) | CERCLA Hazardous Substances | |||
| Changes in Other Reported Information Letter | CERCLA Hazardous Substances |
*Significantly Significant Increases in prior reported continuous releases and changes of release source or composition require reporting as if they are new releases. These new releases require initial telephone notification and the series of follow-up reporting requirements.
Send your completed forms to EPA Headquarters at the following address (note that the mailing address differs slightly for various postal services):
| U.S. Postal Service (USPS) | FedEx/United Parcel Service (UPS) |
|---|---|
| Office of Emergency Management 1200 Pennsylvania Ave NW Washington, DC 20460 Mail Code 5104A Attn: Continuous Release Report |
Office of Emergency Management 1200 Pennsylvania Ave NW Washington, DC 20460 Room 1309 Attn: Continuous Release Report |
Your EPA regional office can also assist you with understanding and complying with all reporting requirements.
The continuous release reporting forms that EPA developed may also be used as your EPCRA follow-up reports to the State or Tribal Emergency Response Commission (SERC or TERC) of any state likely to be affected by the release, and for the Local or Tribal Emergency Planning Committee (LEPC or TEPC) of any area likely to be affected by the release.
Your state or tribe may have additional reporting requirements or require different format to submit your continuous release reports. Please contact your state for more information.
For More Information
- Guide on the Reporting Requirements for Continuous Releases of Hazardous Substances
- Hazardous Substance Designations and Release Notifications
- Hazardous Substances and Reportable Quantities [40 CFR 302.4]
- List of Extremely Hazardous Substances and Their Threshold Planning Quantities [Appendix A to 40 CFR Part 355]
- List of Extremely Hazardous Substances and Their Threshold Planning Quantities [Appendix B to 40 CFR Part 355]
- Which emergency release notification requirements apply to continuous release? [40 CFR 355.32]
Frequent Questions on CERCLA Section 103/EPCRA Section 304 - Reportable Quantity Federal Register Notices