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Spill reporting federal regulation comparison

This document offers a summary of several federal environmental regulatory programs related to notification of the appropriate authorities when a qualifying chemical release occurs. The term "release" is used in the broadest meaning of the word, such as, but not limited to, 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).

When a release of any material, size, duration, or location occurs, a facility owner or operator may have any number of reporting requirements at the federal level. Check the comparison table below for assistance in determining if any of the listed spill reporting requirements may apply. The table is provided as a reference tool. It is not a definitive source of compliance information and is not intended to replace the CFRs.

The comparison table is also not comprehensive. There may be other spill reporting requirements at the federal, state, and/or local levels. It is noteworthy that gaps remain in the federal laws and regulations, such that not all releases "require" notification at the federal level. However, many states have their own spill reporting laws and regulations, and these may be more stringent than the federal ones and even fill some of the federal regulatory gaps.

Regardless, there is no government penalty for over-reporting, but there may be steep penalties for failure to report when required. When unsure whether to report, it is better to side on reporting the release.

Federal regulatory citations

40 CFR 68 — Chemical accident prevention provisions

40 CFR 110 — Discharge of oil

40 CFR 112 — Oil pollution prevention

40 CFR 117 — Determination of reportable quantities for hazardous substances

40 CFR 262 — Standards applicable to generators of hazardous waste

40 CFR 264 — Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities

40 CFR 265 — Interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities

40 CFR 280 — Technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)

40 CFR 302 — Designation, reportable quantities, and notification

40 CFR 355 — Emergency planning and notification

40 CFR 403 — General pretreatment regulations for existing and new sources of pollution

40 CFR 761 — Polychlorinated biphenyls (PCBs) manufacturing, processing, distribution in commerce, and use prohibition

40 CFR 1604 — Reporting of accidental releases

Comparison of federal spill reporting regulations
40 CFRReporting applies toRelease typeRelease quantity reportingReport toWhen to reportInformation to reportNotes
68.195 and .210Owner or operator of a stationary source for which a Risk Management Plan (RMP) was submittedAny accidental release meeting the five-year accident history reporting criteria at 68.42All accidental releases of any quantity from covered processes that resulted in:
*Deaths, injuries, or significant property damage onsite, or
*Known off-site deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage"
*Per 68.195, report to EPA any new accident history information
*Per 68.210, hold public meeting after any RMP reportable accident at the stationary source with any known offsite impact specified at 68.42(a)
*Report new accident history information within 6 months of release or by the time the RMP is updated under 68.190, whichever is earlier
*Hold public meeting within 90 days after any RMP-reportable accident at stationary source with any known offsite impact specified at 68.42(a)
*New accident history information includes data required under 68.168, 68.170(j), and 68.175(l)
*During a public meeting, a facility must provide the public with required information reported under 68.42(b), and information must be shared with the public related to the most recent accident, but not for all accidents in the facility’s 5-year accident history.
None
110Any person in charge of a vessel or of an onshore or offshore facility that has knowledge of any reportable discharge of oil from such vessel or facilityOil as defined at 33 U.S.C. 2701Quantities that may be harmful, including discharges that: *Violate applicable water quality standards,
*Cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, or
*Cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines
National Response Center ((800) 424-8802 or in Washington, D.C. (202) 426-2675)Immediate notification Regulation is not specificExemptions are at 110.5, and dispersants provision is at 110.4
112.4Owner or operator subject to Part 112 that has a qualifying discharge(s)Oil as defined at 112.2*More than 1,000 gallons of oil in a single discharge as described in 112.1(b), or
*More than 42 gallons of oil in each of 2 discharges as described in 112.1(b) occurring within any 12-month period
EPA Regional Administrator and send copy to state agency(ies) in charge of oil pollution controlWritten report within 60 days from the time the facility becomes subject to discharge reportingSee 112.4Further reporting details at 112.4, and Part 112 applicability provisions are at 112.1
117Any person in charge of a vessel or an onshore or an offshore facility that has knowledge of a qualifying dischargeHazardous substance as designated at 40 CFR 116Reportable quantity in any 24-hour period as determined at 117.3Appropriate agency of U.S. government of such discharge. Notice shall be given in accordance with such procedures as set forth in 33 CFR 153.203Immediate notification Regulation is not specificExemptions are at 117.11, 117.12, and 117.14, and further provisions at Part 117
262Small quantity generator (SQG) of hazardous waste Event of a fire, explosion, or other release that could threaten human health outside the facility or when the SQG has knowledge that a spill has reached surface waterAny quantityNational Response Center ((800) 424-8802)Immediate notificationSee 262.16(b)(9)(iv)(C)None
262.17 (a)(6), 262.265, 264.56, and 265.56Emergency coordinator of:
*Large quantity generator of hazardous waste, or
*Hazardous waste treatment, storage, and disposal facility
Release, fire, or explosion which could threaten human health, or the environment, outside the facilityAny quantity*Immediately notify government official designated as the on-scene coordinator for that geographical area or the National Response Center (800-424-8802)
*Also, immediately notify appropriate local authorities if the assessment indicates that evacuation of local areas may be advisable
*Also, send EPA Regional Administrator a written report for any incident that requires implementing the contingency plan
*Immediate notification of the National Response Center and appropriate local authorities
*For any incident that requires implementing the contingency plan, a written report is required within 15 days after incident
*For immediate notification information, see 262.265(d)(2), 264.56(d)(2), or 265.56(d)(2), as applicable
*For written report, see 262.265(i), 264.56(i), and 265.56(i), as applicable
None
280.50 (a) to (c)Owners and operators of underground storage tank (UST) systems*Discovery of a released regulated susbstance at the UST site or surrounding area, or
*Unusual operating conditions listed at 280.50, or
*Monitoring results from a release detection method that indicate a release may have occurred (with some exceptions in 280.50)
Any quantiityImplementing agency (EPA or state/local agency with approved UST program)Within 24 hours or another reasonable period specified by the implementing agencyRegulation is not specificSee 280.50 for details
280.53Owners and operators of underground storage tank (UST) systems*Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under 40 CFR 302, or
*Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or another reasonable amount specified by the implementing agency, or
*Spill or overfill of petroleum that causes a sheen on nearby surface water, or
*Spill or overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the implementing agency, but cleanup cannot be accomplished within 24 hours, or another reasonable time period established by the implementing agency
Quantities specified in the table cell to the leftImplementing agency (EPA or state/local agency with approved UST program)*Within 24 hours or another reasonable period specified by the implementing agency
*However, reporting is required immediately if the owner or operator is reporting that the petroleum spill or overfill cannot be accomplished within 24 hours or another reasonable time period established by the implementing agency
Regulation is not specificNone
280.61Owners and operators of underground storage tank (UST) systems that:
*Confirms a release that at first had only been suspected, or
*Identifies a release from the UST in any other manner
Confirmed or identified releases of regulated substancesAny quantityImplementing agency (EPA or state/local agency with approved UST program)Within 24 hours or another reasonable period specified by the implementing agencyRegulation is not specificExamples of reporting methods include by telephone or electronic mail
302Any person in charge of a vessel or an offshore or an onshore facility that has knowledge of a reportable releaseHazardous substance as designated at 302.4Reportable quantity within any 24-hour period as determined at 302.5 and 302.6*Immediate notification to National Response Center ((800) 424-8802 or in Washington, D.C. (202) 267-2675)
*Reasonable notice to potential injured parties by publication in local newspapers serving the affected area
Immediate and reasonable notificationsRegulation is not specificExemptions are at 302.6, and different requirements for continuous releases are found at 302.8
355Facility owner or operator that produces, uses, or stores a hazardous chemical at the facility and that has a reportable releaseExtremely hazardous substance listed at Part 355 or hazardous substance defined at Part 302Reportable quantity within any 24-hour period as listed at Part 355 or at Part 302*State emergency response commission (SERC) and community emeregncy coordinator for local emergency planning committee (LEPC)
*However, releases during transport or storage incident to transportation may be reported by notifying 911 or the telephone operator instead
*Immediate notification of SERC and LEPC, and
*Written follow-up notification to SERC and LEPC as soon as practicable
See 355.40 and .41Exemptions are at 355.31, and different requirements for continuous releases are found at 355.32
403.8 (f)(2)(vi)Significant industrial user as defined in 403.3Any changes at its facility affecting potential for a slug discharge to a publicly owned treatment works (POTW)Any quantity affecting potential for a slug dischargePOTWImmediate notification and written follow-up within 5 daysRegulation is not specificSlug discharge is defined at 403.8(f)(2)(vi)
403.12 (f)Categorical and non-categorical industrial usersAll discharges that could cause problems to the publicly owned treatment works (POTW), including any slug loadings, as defined by 403.5(b), by the industrial userAny quantity that could cause a problem to POTWPOTWImmediate notificationRegulation is not specificNone
403.12 (p)Industrial userAny discharge into the publicly owned treatment works (POTW) of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261Any quantity if otherwise disposed of would be a hazardous waste under 40 CFR 261*POTW, and
*EPA Regional Waste Management Division Director, and
*State hazardous waste authorities
In writing no later than 180 days after the discharge of the listed or characteristic hazardous wasteSee 403.12(p)See 403.12(p) for details
761.125Responsible party upon discovery of a qualifying spillSpills of poly-chlorinated biphenyls (PCBs) at concen-trations of 50 parts per million or greater that:
*Contaminate certain waters, lands, gardens; or
*Do not contaminate the above but exceed 10 pounds of PCBs; or
*Are of high-concentration (500 parts per million or greater PCBs or assumed to contain that concentration if untested); or
*Involve 1 pound or more of PCBs by weight
See 761.125(a) and (c)*Appropriate EPA regional office
*Spills involving 1 pound or more by weight of PCBs must also be reported to the National Response Center ((800) 424-8802)
*Notify the National Response Center immediately, and
*Notify the EPA regional office In the shortest possible time after discovery, but in no case later than 24 hours after discovery
Regulation is not specificExclusions listed at 761.120, and further details at 761.125
1604Owner or operator of a stationary source that has an accidental release resulting in a fatality, serious injury, or substantial property damageUnanticipated emission of a regulated substance or other extremely hazardous substance (EHS) into the ambient air from a stationary source.
Caution: Regulated substance and EHS are defined at 1604.2. Also, EHS is defined more broadly under Part 1604 than under other EPA regulations.
Any quantity of a release from a stationary source that results in a fatality, serious injury, or substantial property damage*U.S. Chemical Safety and Hazard Investigation Board (CSB) if no report made to National Response Center (NRC)
*However, if report was made to NRC, then submit NRC identification number to the CSB
*To CSB within 8 hours of the release if no report to NRC is made, or
*To CSB within 30 minutes after notifying NRC
See 1604.4Further definitions and details are at Part 1604, and CSB provides a download-able form and instructions on its website under the "Investiga-tions" menu item