• The NRC must be notified when there is a release of an RQ of a hazardous substance into the environment according to CERCLA.

Any person in charge of a vessel or an offshore or an onshore facility shall, as soon as the person has knowledge of any release (other than a federally permitted release or application of a pesticide) of a hazardous substance from such vessel or facility in a quantity equal to or exceeding the reportable quantity determined by this part in any 24-hour period, immediately (as soon as possible) notify the National Response Center (NRC).

Simply put, the NRC must be notified when there is a release of a reportable quantity (RQ) of a hazardous substance into the environment according to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 103(a) and 40 CFR 302.6. To fulfill the requirements, the person in charge of the vessel or facility must report the release of a hazardous substance to the NRC at (800) 424-8802, as soon as it is determined that an RQ has been released into the environment within a 24-hour period.

The purpose of the notification is to alert government officials that an emergency response may be needed to protect human health and the environment. The decision to respond to a reported release is made on a case-by-case basis. Reporting a release does not free the responsible party from liability for cleanup costs.

When a person calls to report a release, the NRC asks a series of questions. Upon receipt of the report, the NRC will notify the on-scene coordinator (OSC) at the appropriate Environmental Protection Agency (EPA) regional office or U.S. Coast Guard district office. The OSC informs state and local officials and decides on the federal government’s response. NRC also puts the data into a report that appears on its website.

The owner or operator of any vessel or facility from which a hazardous substance has been released must “provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area” in addition to the NRC notification (CERCLA 111(g)). This is a statutory provision that has not yet been clarified in specific regulations.