CERCLA and EPCRA Continuous Release Reporting

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• Reportable Quantities and 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:

1. Report on a per occurrence basis, or
2. 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

Note A: *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.

Note B:  The term SERC includes Tribal Emergency Response Commissions (TERCs) and the term LEPC includes any Tribal Emergency Planning Committees (TEPCs). Facilities on Tribal lands need to verify with their Tribe which SERC or TERC, LEPC or TEPC, and fire departments to submit the EPCRA 311 and 312 hazardous chemical inventory reports to.  

Send your completed continuous release report forms to EPA Headquarters at the following address for your courier (note that the mailing address differs slightly for various postal services):

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 Emergency Response Commission (SERC) of any state likely to be affected by the release, and for the Local Emergency Planning Committee (LEPC) 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