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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
| 40 CFR | Reporting applies to | Release type | Release quantity reporting | Report to | When to report | Information to report | Notes |
|---|---|---|---|---|---|---|---|
| 68.195 and .210 | Owner or operator of a stationary source for which a Risk Management Plan (RMP) was submitted | Any accidental release meeting the five-year accident history reporting criteria at 68.42 | All 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 |
| 110 | Any 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 facility | Oil as defined at 33 U.S.C. 2701 | Quantities 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 specific | Exemptions are at 110.5, and dispersants provision is at 110.4 |
| 112.4 | Owner 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 control | Written report within 60 days from the time the facility becomes subject to discharge reporting | See 112.4 | Further reporting details at 112.4, and Part 112 applicability provisions are at 112.1 |
| 117 | Any person in charge of a vessel or an onshore or an offshore facility that has knowledge of a qualifying discharge | Hazardous substance as designated at 40 CFR 116 | Reportable quantity in any 24-hour period as determined at 117.3 | Appropriate agency of U.S. government of such discharge. Notice shall be given in accordance with such procedures as set forth in 33 CFR 153.203 | Immediate notification | Regulation is not specific | Exemptions are at 117.11, 117.12, and 117.14, and further provisions at Part 117 |
| 262 | Small 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 water | Any quantity | National Response Center ((800) 424-8802) | Immediate notification | See 262.16(b)(9)(iv)(C) | None |
| 262.17 (a)(6), 262.265, 264.56, and 265.56 | Emergency 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 facility | Any 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 quantiity | Implementing agency (EPA or state/local agency with approved UST program) | Within 24 hours or another reasonable period specified by the implementing agency | Regulation is not specific | See 280.50 for details |
| 280.53 | Owners 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 left | Implementing 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 specific | None |
| 280.61 | Owners 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 substances | Any quantity | Implementing agency (EPA or state/local agency with approved UST program) | Within 24 hours or another reasonable period specified by the implementing agency | Regulation is not specific | Examples of reporting methods include by telephone or electronic mail |
| 302 | Any person in charge of a vessel or an offshore or an onshore facility that has knowledge of a reportable release | Hazardous substance as designated at 302.4 | Reportable 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 notifications | Regulation is not specific | Exemptions are at 302.6, and different requirements for continuous releases are found at 302.8 |
| 355 | Facility owner or operator that produces, uses, or stores a hazardous chemical at the facility and that has a reportable release | Extremely hazardous substance listed at Part 355 or hazardous substance defined at Part 302 | Reportable 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 .41 | Exemptions 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 403.3 | Any changes at its facility affecting potential for a slug discharge to a publicly owned treatment works (POTW) | Any quantity affecting potential for a slug discharge | POTW | Immediate notification and written follow-up within 5 days | Regulation is not specific | Slug discharge is defined at 403.8(f)(2)(vi) |
| 403.12 (f) | Categorical and non-categorical industrial users | All 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 user | Any quantity that could cause a problem to POTW | POTW | Immediate notification | Regulation is not specific | None |
| 403.12 (p) | Industrial user | Any discharge into the publicly owned treatment works (POTW) of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261 | Any 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 waste | See 403.12(p) | See 403.12(p) for details |
| 761.125 | Responsible party upon discovery of a qualifying spill | Spills 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 specific | Exclusions listed at 761.120, and further details at 761.125 |
| 1604 | Owner or operator of a stationary source that has an accidental release resulting in a fatality, serious injury, or substantial property damage | Unanticipated 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 1604.4 | Further 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 |