Emergency Release Notification Reporting Requirements
40 CFR Section 355
What facilities must comply with the emergency release notification requirements?
40 CFR section 355.30
You must comply with the emergency release notification requirements - if both of these two conditions are met:
- You produce, use, or store a hazardous chemical at your facility; and
- You release a reportable quantity (RQ) of any extremely hazardous substance (EHS) or of a hazardous substances as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA hazardous substance) at your facility. Certain releases are exempted from these requirements.
What types of releases are exempt from the emergency release notification requirements?
40 CFR section 355.31
You do not have to provide emergency release notification for any of the following six types of releases of EHSs or CERCLA hazardous substances that occur at your facility:
- Any release that results in exposure to persons solely within the boundaries of your facility.
- Any release that is a federally permitted release as defined in section 101(10) of CERCLA.
- Any release of a pesticide product that is exempt from reporting under section 103(e) of CERCLA.
- Any release that does not meet the definition of release under section 101(22) of CERCLA and is therefore exempt from CERCLA section 103(a) reporting.
- Any radionuclide release that occurs:
- naturally in soil from land holdings such as parks, golf courses, or other large tracts of land.
- naturally from land disturbances activities, including farming, construction, and land disturbance incidental to extraction during mining activities - specific exemptions are listed in section 355.31.
- Any release less than 1,000 pounds per 24 hours of nitrogen oxide or nitrogen dioxide to the air which is result of combustion and combustion related activities.
Which emergency release notification requirements apply to continuous release?
If the release of an EHS or CERCLA hazardous substance is continuous and stable in quantity and rate at your facility as defined in 40 CFR 302.8(b), then the release qualifies for reduced reporting requirements. Under these reduced reporting requirements, you do not need to provide the notifications required under section 355.40. However, in addition to the notifications required under 40 CFR 302.8, you must make all four of the following notifications to the relevant local emergency response personnel for any area likely to be affected by the release and to the SERC of any state likely to be affected by the release.
- Initial notifications as specified in 40 CFR 302.8(d) and (e).
- Notification of a "statistically significant increase," defined in 40 CFR 302.8(b) as may increase above the upper bound of the reported normal range.
- Notification of a "new release" as specified in 40 CFR 302.8(g)(1).
- Notification of a change in the normal range of the release as specified under 40 CFR 302.8(g)(2).
What release quantities of EHSs and CERCLA hazardous substances trigger the emergency release notification requirements?
What information must I provide?
40 CFR section 355.40
What is EPA's interpretation of the time period for release notification?
In what format should the federal information be submitted?
Content Last Updated April 2020