CERCLA 103 & EPCRA 304: EPA Release Reporting

Regulatory citation: CERCLA Section 103 (40 CFR Part 302); EPCRA Section 304 (40 CFR Part 355)

What Are CERCLA and EPCRA Release Reporting Requirements?

CERCLA Section 103 and EPCRA Section 304 require facilities to report certain releases of hazardous substances and extremely hazardous substances into the environment. When a release equals or exceeds its reportable quantity (RQ) within a 24-hour period, immediate notification is required.

Why Release Reporting Matters

Prompt notification allows emergency responders and regulators to protect the public and environment. Failing to report a reportable release can lead to significant penalties.

Core Requirements

1. Know Your Reportable Quantities

Each CERCLA hazardous substance and EPCRA extremely hazardous substance has a reportable quantity. A release equal to or greater than the RQ within 24 hours triggers reporting.

2. Notify the National Response Center (CERCLA 103)

The person in charge of a facility or vessel must immediately notify the National Response Center when a reportable release of a CERCLA hazardous substance occurs.

3. Notify State and Local Authorities (EPCRA 304)

For reportable releases of EPCRA extremely hazardous substances or CERCLA hazardous substances that could affect people off site, facilities must immediately notify the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) for any area likely to be affected.

4. Provide Written Follow-Up

EPCRA Section 304 requires a written follow-up report to the SERC and LEPC as soon as practicable after the release, describing the release, response actions and any health risks.

5. Understand Exemptions

Some releases are exempt, such as federally permitted releases and certain continuous releases that are reported under a separate process.

Common Compliance Approaches

Build an RQ List

List the hazardous substances on site and their RQs so staff can quickly judge whether a release is reportable.

Post Reporting Contacts

Keep NRC, SERC and LEPC contact details in emergency procedures and at key locations.

Report First, Investigate Later

If you're unsure whether a release is reportable, report it; delays can create bigger problems than over-reporting.

Example: Release Reporting in Practice

During a transfer at a chemical distributor, a hose failure releases about 200 pounds of ammonia, above its reportable quantity. The facility manager immediately calls the National Response Center, then notifies the SERC and LEPC because the vapor cloud could drift off site. After the response, the facility submits a written follow-up report describing the release and actions taken.

Related regulations: EPA Tier II Reporting, EPA SPCC Rule, OSHA Emergency Action Plans.

Note: This summary reflects federal EPA requirements. Many states run authorized programs with additional or stricter rules. Always check the current regulation text and your state environmental agency's requirements.

Frequently Asked Questions

What is a reportable quantity?

A reportable quantity (RQ) is the amount of a hazardous substance that, if released within a 24-hour period, must be reported to authorities. RQs are set by EPA for each CERCLA hazardous substance and EPCRA extremely hazardous substance.

Who do you call for a chemical release?

For reportable releases of CERCLA hazardous substances, notify the National Response Center immediately. Under EPCRA Section 304, also notify the State Emergency Response Commission and Local Emergency Planning Committee for areas likely to be affected, and call 911 in an emergency.

Is a written report required after a release?

Yes, for EPCRA Section 304 releases. A written follow-up report must be submitted to the SERC and LEPC as soon as practicable, describing the release, response actions taken and any known health risks.