['CERCLA, SARA, EPCRA']
['SARA Compliance', 'Release Notifications']
11/01/2024
...
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, the Superfund Amendments and Reauthorization Act (SARA) of 1986, and the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 work together to plan for, report, respond to, and clean up releases, or threatened releases, of hazardous substances that may endanger public health, welfare, or the environment.
CERCLA is the statute through which the Environmental Protection Agency’s (EPA’s) hazardous substance release reporting and cleanup program (called “Superfund”) was established. SARA were amendments made to CERCLA, including adding Title III, a free-standing statute known as EPCRA.
Both CERCLA and EPCRA require reporting when a hazardous substance or material is released in a reportable quantity over a 24-hour period. The primary differences are to whom owners and operators of facilities report and the additional reporting requirements of EPCRA.
Under CERCLA and 40 CFR Part 302, owners and operators of facilities immediately notify the National Response Center when a qualifying release occurs. CERCLA’s designated hazardous substances include:
- Hazardous substances listed in table 302.4,
- Regulated unlisted solid waste that exhibits characteristics of hazardous waste (261 Subpart C),
- Hazardous substances or toxic pollutants under the Clean Water Act,
- Hazardous wastes under the Resource Conservation and Recovery Act,
- Hazardous air pollutants under the Clean Air Act, and
- Imminently hazardous substances under the Toxic Substances Control Act.
Under EPCRA and Part 355, owners and operators of facilities must immediately notify the local/tribal emergency planning committees (or local emergency response personnel) and state emergency response commissions of any likely affected areas when a CERCLA-defined hazardous substance or extremely hazardous substance (listed in Appendices A and B to Part 355) is accidentally released. Additionally, owners and operators must provide a follow-up emergency notice as soon as possible.
Further, EPCRA also requires facilities that manufacture, process, or otherwise use chemicals covered by the Toxics Release Inventory (TRI) Program above established thresholds to submit annual reporting forms for each toxic chemical. The chemicals and chemical categories covered under TRI are listed in Subpart D of Part 372. Reports must be submitted by July 1 of each year. The information is made publicly available online.
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['CERCLA, SARA, EPCRA']
['SARA Compliance', 'Release Notifications']
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