Hazardous Substance Designations and Release Notifications
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides for the cleanup of uncontrolled or abandoned hazardous waste sites as well as accidents, spills, and other emergency releases of hazardous substances.
CERCLA defines "hazardous substance" by reference to the following authorities:
- Clean Water Act (CWA) section 311 (“CWA Hazardous Substances”),
- CWA section 307(a) (“CWA Toxic Pollutants”),
- Clean Air Act (CAA) section 112 (“CAA Hazardous Air Pollutants”),
- Resource Conservation and Recovery Act (RCRA) section 3001 (“RCRA Hazardous Wastes”), and
- Toxic Substance Control Act section 7 (currently no substances are designated under this authority).
CERCLA section 102(a) also gives EPA authority to designate additional hazardous substances not listed under the statutory provisions cited above.
There are currently about 800 CERCLA hazardous substances. In addition, there are approximately 1,500 known radionuclides, approximately 760 of which are listed individually. The CERCLA list of hazardous substances can be found at 40 CFR 302.4 in Table 302.4 Hazardous Substances and Reportable Quantities.
On this page:
- Definitions
- Reportable Quantities
- Notification Requirements
- FARM Act Amendments to CERCLA
- Continuous Release Reporting Requirements
- Regulations
CERCLA Section 101 - Definitions
CERCLA section 101 [42 U.S.C. section 9601] provides definitions for terms used throughout CERCLA.
Hazardous Substance: CERCLA section 101(14) defines “hazardous substance” by reference to lists of substances designated under specific authorities. The CERCLA list of hazardous substances (40 CFR part 302.4) is currently comprised of the following lists:
- CWA Hazardous Substances per CWA section 311(b)(2) [40 CFR 116.4; 33 U.S.C. 1321(b)(2)]
- CWA Toxic Pollutants per CWA section 307(a) [40 CFR 401.15, 40 CFR part 423 Appendix A, and 40 CFR 131.36; 33 U.S.C. 1317(a)]
- CAA Hazardous Air Pollutants per CAA section 112(b) [33 U.S.C. 7412(b); P.L. 102-187 December 4, 1991; 70 FR 75047, December 19, 2005; 69 FR 69320, November 29, 2004; 61 FR 30816, June 18, 1996; 65 FR 47342, August 2, 2000, and 87 FR 393, January 5, 2022]
- RCRA Hazardous Wastes per RCRA section 3001 [40 CFR part 261 Subpart D – Lists of Hazardous Wastes; 42 U.S.C. 6921]
Release: 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) ..."
CERCLA Section 102 - Reportable Quantities
CERCLA Section 102 [42 U.S.C. section 9602] authorizes the Administrator to revise the substances specified as hazardous under CERCLA Section 102 and designate additional hazardous substances. Furthermore, CERCLA Section 102 assigns a Reportable Quantity of one pound to each hazardous substance and authorizes EPA to promulgate regulations to revise the statutory Reportable Quantity. The Reportable Quantity identifies the quantities of substances that if released require notification and sets forth the notification requirements for releases of these substances.
The CERCLA List of Hazardous Substances and their Reportable Quantities are found in 40 CFR part 302, Table 302.4.
Note: For RCRA Hazardous Wastes, the Reportable Quantities apply to the waste itself, not merely to the toxic contaminant. Unlisted hazardous wastes which exhibit toxicity are also covered under this regulation and have been assigned a Reportable Quantity of 100 pounds.
CERCLA Section 103 - Notification Requirements
CERCLA section 103(a) [42 U.S.C. 9603] "as amended" requires that the person in charge of a vessel or an offshore or an onshore facility immediately notify the National Response Center whenever a Reportable Quantity or more of a CERCLA hazardous substance is released in any 24-hour period, unless the release is federally permitted. The purpose of this requirement is to notify officials of potentially dangerous releases so that they can evaluate the need for a response action.
The list of hazardous substances and their reportable quantities are codified in 40 CFR part 302, Table 302.4.
The National Response Center can be reached at: 1-800-424-8802; in Washington, D.C.: 202-267-2675.
Reporting Requirements under CERCLA Section 103 and the Emergency Planning and Community Right-to-Know Act Section 304
CERCLA Section 103 |
EPCRA Section 304 | |
---|---|---|
Citation | 40 CFR Part 302 42 U.S.C. 9603 |
40 CFR Part 355, Subpart C 42 U.S.C. 11004 |
Definition of a Facility | A facility is defined in Section 101(9) of CERCLA as including any building, structure, installation, equipment, pipe or pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft on any site or area where a hazardous substance has been deposited, stored, disposed of or placed, or otherwise come to be located. | A facility is defined in Section 329(4) of the Emergency Planning and Community Right-to-Know Act (EPCRA) as all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites that are owned and controlled by the same person. |
Relevant Chemical List | CERCLA hazardous substances (40 CFR 302.4) | CERCLA hazardous substances (40 CFR 302.4) and EPCRA Extremely Hazardous Substances (40 CFR 355, Appendices A and B) |
Notification Requirements | National Response Center | State or Tribal Emergency Response Commission (SERC or TERC) and Local or Tribal Emergency Planning Committee (LEPC or TEPC) |
Constituents of a Release | Any release of any CERCLA hazardous substance at or above its specified Reportable Quantity into the environment (on-site or off-site) | Any release of a CERCLA hazardous substance or Extremely Hazardous Substance at or above its specified Reportable Quantity with potential exposure to persons off-site |
See also:
- CERCLA and EPCRA Release Reporting and Continuous Release Reporting
- EPCRA Section 304 Emergency Release Notification
CERCLA Section 103(e) - FARM Act Amendments to CERCLA
The Fair Agricultural Reporting Method (FARM) Act amended CERCLA section 103 to exempt reporting air emissions from animal waste (including decomposing animal waste) at farms.
CERCLA Section 103(f) - Continuous Release Reporting Requirements
Section 103(f)(2) of CERCLA modifies the general notification requirements of section 103(a) for certain releases. Releases may be reported less frequently, if they are “continuous” and “stable in quantity and rate”. For more information, see CERCLA and EPCRA Continuous Release Reporting or refer to 40 CFR 302.8.
Regulations
- 40 CFR 302.4 – List of Hazardous Substances and their Reportable Quantities
- 40 CFR 302.6 – Notification Requirements and Categories of Exempted Releases
- 40 CFR 302.8 – Continuous Releases
In addition to release reporting requirements established under CERCLA, EPCRA section 304 [40 CFR part 355 subpart C; 42 U.S.C. section 11004] requires the owner or operator of certain facilities to report releases of extremely hazardous substances and CERCLA hazardous substances to state, tribal and local entities.
Relevant Federal Register Notices
- April 8, 2022 (87 FR 20721-20761) – Addition of 1-Bromopropane to the List of CERCLA Hazardous Substances; List of Hazardous Substances; Technical Corrections; Final Rule.
- August 1, 2018 (83 FR 37444) – FARM Act Amendments to CERCLA Release Notification Requirements; Final Rule.
- October 4, 2006 (71 FR 58525) – Administrative Reporting Exemption for Certain Air Releases of NOX (NO and NO2); Final Rule.
- March 19, 1998 (63 FR 13460) – Administrative Reporting Exemptions for Certain Radionuclide Releases; Final Rule.
- July 24, 1990 (55 FR 30166) – Reporting Continuous Releases of Hazardous Substances; Final Rule.
- May 24, 1989 (54 FR 22543) – Reportable Quantity Adjustments; Technical Amendment.
- May 24, 1989 (54 FR 22524) – Reportable Quantity Adjustments for Radionuclides; Final Rule.
- September 29, 1986 (51 FR 34534) – Reportable Quantity Adjustments; Final Rule.
- April 4, 1985 (50 FR 13456) – Notification Requirements; Reportable Quantity Adjustments; Final Rule.