Question of the Week | EPA News | Recent EPA Rules

Environmental News

Volume 9, Issue 2

January 8, 2008

Question of the Week

EPCRA Release Reporting
Q. A facility has a spill of an extremely hazardous substance (EHS) in an amount greater than its reportable quantity (RQ). The spill occurs on a concrete floor that is inside a facility building. Before the spill can be cleaned up, a portion (less than RQ) of the EHS enters the outside atmosphere through the window. Persons in off-site buildings report smelling the chemical. Does the facility owner/operator have a reporting requirement under SARA Title III, Section 304?

A. No. The reporting requirements codified at 40 CFR 355.40 apply when there is a "...release of a reportable quantity of any extremely hazardous substance or CERCLA hazardous substance." The definition of release further stipulates that the release must occur "...into the environment..." [see 40 CFR 355.20]. The "environment" is, as defined under CERCLA, the ambient air, land surface, subsurface strata, surface water, or subsurface water [see 40 CFR 302.3]. A release to the environment at or above the reportable quantity must be reported unless the release affects "...persons solely within the boundaries of the facility" [see 40 CFR 355.40 (a)(2)(i)].

In the scenario described above, reporting is not required even though persons off site are being affected by the spill because a reportable quantity of the EHS was not released "into the environment." To determine if reporting is required under SARA Title III Section 304 for a spill of an EHS or CERCLA hazardous substance, first determine if an RQ of material has entered "into the environment" as the phrase is understood under CERCLA. If an RQ has entered "into the environment," then there has been a release. Then you would determine if the release can affect persons off site and is therefore subject to release reporting.

(Source: October 1989 Monthly Hotline Report, http://www.epa.gov/emergencies/docs/chem/epcra-qa.txt)

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EPA News

01/04/2008—EPA Terminates Negotiations With Dow Chemical on River Cleanups

The U.S. Environmental Protection Agency Region 5 today stopped its negotiations with Dow Chemical aimed at a settlement to conduct a study and interim cleanup actions for dioxin contamination in the Tittabawassee River system. “EPA does not believe that the deal Dow is offering goes far enough,” said Ralph Dollhopf, Associate Director for the Superfund Division of EPA's Regional Office in Chicago. “Key issues that are paramount for protecting human health and the environment remain unresolved. EPA simply will not accept any deal that is not comprehensive.”

12/21/2007—Battelle Energy Alliance and Wheeler Electric to Pay $61,000 EPA Penalty for Mishandling PCBs at Idaho National Laboratory

Battelle Energy Alliance (BEA) and its project contractor, Wheeler Electric, have agreed to pay the U.S. Environmental Protection Agency $61,000 for mishandling waste contaminated with Polychlorinated bi-phenyls (PCBs) at Idaho National Laboratory (INL), near Arco, Idaho.

12/18/2007—Parkersburg Apartment Owner Settles Violations of Lead Paint Notification Rule

The U.S. Environmental Protection Agency today announced that George C. Ross, Sr., of Vienna, W.Va., has settled alleged violations of a federal rule requiring disclosure of lead-based paint hazards to residential tenants.

12/17/2007—Patriot Mining Company Settles Violations of 2004 Chemical Release at Squire's Creek Mine in Arthurdale, W.Va.

In settlement papers filed in federal district court in Clarksburg, W.Va., Patriot Mining Company has agreed to pay a $177,000 civil penalty for allegedly failing to immediately notify emergency response agencies of a June 2004 hazardous chemical release at the company's Squires Creek Mine in Arthurdale, W. Va.

12/17/2007—U.S. EPA Settles With The Clorox Company for $95,000 for Distributing Export-only Pesticides in Southern California

The U.S. Environmental Protection Agency recently fined Oakland, Calif.-based The Clorox Company $95,000 for allegedly distributing an unregistered and mislabeled Chinese version of Clorox Disinfectant Bleach, in violation of federal pesticide law.

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Recent EPA Rules, Standards, and Interpretations

01/03/2008—Waste Management System; Testing and Monitoring Activities; Notice of Availability of Final Update IV of SW-846
The Environmental Protection Agency (EPA or Agency) is providing notice of the availability of “Final Update IV” to the Third Edition of the manual, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA publication SW-846. Final Update IV contains new and revised analytical methods that may be used in monitoring or complying with the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.

01/02/2008—Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas
The Environmental Protection Agency (EPA) is revising its hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to further promote the environmentally sound recycling of oil-bearing hazardous secondary materials generated by the petroleum refining industry. Specifically, EPA is amending an existing exclusion from the definition of solid waste for oil-bearing hazardous secondary materials when they are processed in a gasification system at a petroleum refinery for the production of synthesis gas.

01/02/2008—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources
EPA is issuing national emission standards for hazardous air pollutants for two area source categories (iron foundries and steel foundries). The requirements for the two area source categories are combined in one subpart. The final rule establishes different requirements for foundries based on size.

12/28/2007—National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities
EPA is issuing national emission standards for electric arc furnace steelmaking facilities that are area sources of hazardous air pollutants. The final rule establishes requirements for the control of mercury emissions that are based on the maximum achievable control technology and requirements for the control of other hazardous air pollutants that are based on generally available control technology or management practices.

12/27/2007—Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone-depleting Substances
EPA is taking final action to extend the global laboratory and analytical use exemption for the production and import of class I ozone-depleting substances through December 31, 2011, consistent with the recent actions by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.

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2008 Training Catalog

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Managing Used Oil

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