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  • Release notification for release at Superfund site

    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? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…

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  • CERCLA Release Notification and the Workplace Exposure Exclusion

    CERCLA section 101(22) excludes from the definition of release any release solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons. Does the workplace exposure exclusion apply for purposes of CERCLA release notification requirements? The workplace exposure exclusion only applies…

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  • CERCLA Release Reporting: Clarification of Facility

    The term facility, as defined in 40 CFR 302.3 , does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification? Yes. Adjacent buildings on a contiguous property where multiple…

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  • Follow-up notification requirements for release occurring in transportation

    Must a notifier submit a follow-up emergency notice after the initial 911 report? Notification of a release during transportation or storage incident to transportation, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.42 to…

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  • Should follow-up release information be sent to the state environmental agency?

    Should the written follow-up information go not only to the local emergency planning committee and the state commission but also to the state environmental agency? Section 304(c) of Title III mandates that written follow-up notification go to the same entities that received the initial oral notification, i.e., the state commission…

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  • "Regulatory Synonym" listings in 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? In general, no entry is made in the "Regulatory Synonym" column of 40 CFR 302.4 , Table 302.4 for a substance if only one chemical name is used to identify that substance…

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  • CERCLA hazardous substances and relationship to U.S. DOT's Hazardous Materials Regulations

    What is the relationship between CERCLA hazardous substances and the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations? CERCLA section 306(a), as amended, requires the DOT to list and regulate as hazardous materials all CERCLA hazardous substances. Thus, all CERCLA hazardous substances are covered by the DOT's Hazardous Materials Regulations…

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  • How are releases during transportation or storage incident to transportation covered under Section 304?

    Section 304 covers all releases of listed hazardous or extremely hazardous substances, including those involved in transportation in excess of the reportable quantity (RQ). Owners or operators of transportation facilities may call 911 or the local telephone operator, in order to satisfy Section 304 notification requirements when a release occurs…

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  • Can the de minimis concept be used with Section 304 release reporting?

    Can the "de minimis" concept used in determining the threshold planning quantities in mixtures be applied in the determination of the reportable quantity for emergency release notification? No. The "de minimis" quantity was set in place for threshold planning quantities simply to make the calculation of the total amount of…

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  • Definition of "release"

    How is the term "release" defined? CERCLA section 101(22) defines "release" 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)...."

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  • Who must be notified of a release under EPCRA?

    Who must be notified of a release under Emergency Planning and Community Right-to-Know Act (EPCRA)? The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance…

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  • Who must be notified of a release under CERCLA?

    Who must be notified of a release under CERCLA? One call to the NRC fulfills the requirement to report releases of hazardous substances under CERCLA and several other regulatory programs, including those under the Clean Water Act (CWA) section 311, Resource Conservation and Recovery Act (RCRA), and the U.S. Department…

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  • Tests to determine RCRA characteristic of toxicity

    What tests can be used to determine whether a waste exhibits the Resource Conservation and Recovery Act (RCRA) characteristic of toxicity? In 1990, EPA replaced the extraction procedure test for determining whether wastes exhibit the toxicity characteristic with the toxicity characteristic leaching procedure (TCLP). Currently, a waste is considered toxic…

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  • Reporting spills of FIFRA registered pesticides

    If a pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is accidentally spilled, must it be reported? Yes. Accidents, spills, improper application, and improper disposal are within the scope of the release notification provisions of CERCLA and must be reported. EPA's interpretation of the pesticide exemption in…

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  • Reportable release time period

    Over what time period must a Reportable Quantity (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 an RQ or more has been released is 24 hours. Reporting must occur immediately…

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