Chemical accidents resulting in the release of toxic substances, such as what happened with the Ohio train derailment in early 2023, necessitate immediate and coordinated action from the federal and local governments and other concerned parties to manage and minimize their adverse impacts. Remediating the environmental damage following these accidents requires accurately accounting for the identities and quantities of the chemicals released. Empowered by the Comprehensive Environmental Response, Compensations, and Liability Act (CERCLA) and in preparation for these worst-case scenarios, the US Environmental Protection Agency (EPA) has enforced notification requirements from facilities whenever a certain quantity of a hazardous chemical is released. This is in addition to the EPA’s parallel chemical release reporting requirements through Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA). This article will help responsible parties understand what a reportable quantity is, what the covered chemicals are, and what CERCLA and EPCRA notification requirements facilities are subject to when handling potentially dangerous chemicals. 

What are EPA Reportable Quantities? 

A reportable quantity (RQ) is the amount of a CERCLA hazardous substance that a facility needs to release before triggering the notification requirement to the NRC. The triggering of the RQs differs depending on the substance. For example, releasing one pound of acrolein, a chemical used as a pesticide, triggers the notification requirements but a facility must discharge over 5,000 pounds of benzoic acid, a common antimicrobial preservative in food, for the activity to be reportable. 

Referenced by other statutes such as the Clean Water Act, the Clean Air Act (CAA), the Toxic Substances Control Act, and the Resource Conservation and Recovery Act, there are over 800 chemicals categorized as reportable CERCLA hazardous substances. In addition to these chemicals, due to their categorization as hazardous air pollutants by the CAA, the release of 1,500 known radionuclides also initiates the reporting requirement. The RQs for radionuclides will be measured in curies (Ci), which indicate their emitted radioactivity and better communicate the hazard of these materials. 

What are the notification requirements? 

Two different federal laws require facilities to report chemical releases: the CERCLA legislation and EPCRA Section 304. The CERCLA legislation, whose primary purpose is to protect human health and the environment by regulating the clean-up of contaminated sites in the US, requires facilities that release CERCLA hazardous substances and radionuclides to notify the National Response Center (NRC). Whether it occurs on-site or off, as soon as the release of a covered substance at a quantity equal to or higher than the RQ within the span of 24 hours is known, a responsible person from the releasing facility must call the NRC immediately. The notification requirement is also triggered for compounds with unknown quantities of mixed hazardous chemicals when the amount released reaches or exceeds the RQ of the hazardous component with the lowest RQ. Failure to notify the NRC of a reportable quantity release can result in monetary fines and imprisonment for up to three years. There is an exemption for federally permitted releases and those that arise from the usual application of pesticides. 

Facilities must also comply with the emergency release notification requirements of EPCRA Section 304. This regulation covers CERCLA hazardous substances (more than 800 specific substances and 1,500 radionuclides) as well as the EPCRA-defined extremely hazardous chemicals (EHS). In the case of a release of any chemical belonging to either of these two lists in quantities at or greater than their RQ within the span of 24 hours, EPCRA Section 304 requires a responsible person from the releasing facility to notify the State or Tribal Emergency Response Commission (SERC or TERC) and the Local or Tribal Emergency Planning Committee (LEPC or TEPC) immediately. They must also provide a written follow-up emergency notice as soon as practicable that highlights:  

• the actions that need to be taken to safely respond to and contain the release,  

• any potential acute or chronic health risks and medical advice for exposed individuals, 

• and any updates to the information provided in the initial phone notification.  

Exemptions to this reporting requirement are similar to CERCLA, with the addition that releases solely within the facility’s boundaries are also exempt. 

How to ensure compliance with reporting requirements? 

Facilities should always maintain an up-to-date chemical inventory to allow personnel to quickly adhere to the notification requirements in cases of chemical releases. The combined difficulties involved when considering reportable quantities, namely overlapping lists of covered chemicals from the CERCLA and EPCRA regulations, short reporting timelines, and the different government agencies that need to be notified, amplify the complexity of compliance. Implementing chemical management software to streamline the inventory of chemicals can give users at a facility real-time knowledge of whether an RQ has been breached for a specific chemical during a release event. Comprehensive platforms that offer chemical management will also contain SDS databases, making the follow-up for emergency notice requirements a straightforward process that entails a quick search for the chemical in question and the generation of a no-login link that can be emailed or texted to the appropriate authorities.  

The risks to public health and the environment brought by manufacturing, storing, and transporting chemicals, while manageable, are ever-present. Mitigating the impacts of chemical releases requires swift and transparent coordination between facilities and the relevant authorities. The EPA regulations (CERCLA and EPCRA Section 304) provide a framework for emergency notification to federal, state, and local-level emergency responders. The chemical release information reported to these agencies enables them to develop and implement remediation strategies with the concerned facility to protect public health and the environment from hazardous chemicals. 

Sources 

Agency for Toxic Releases and Disease Registry. (2014, October 21). Medical management guidelines for acrolein. Centers for Disease Control and Prevention. https://wwwn.cdc.gov/TSP/MMG/MMGDetails.aspx 

Designation, reportable quantities, and notification, 40 C.F.R. §302 (1985). https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-302 

Emergency planning and notification, 40 C.F.R. §355 (2008). https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-355#ap40.30.355_161.a 

National Center for Biotechnology Information. (2023). PubChem Compound Summary for CID 243, Benzoic Acid. https://pubchem.ncbi.nlm.nih.gov/compound/243 

United States Environmental Protection Agency. (2023, October 17). East Palestine, Ohio train derailment. https://www.epa.gov/east-palestine-oh-train-derailment 

United States Environmental Protection Agency. (2023, September 20). Hazardous substance designations and release notifications. https://www.epa.gov/epcra/hazardous-substance-designations-and-release-notifications 

United States Environmental Protection Agency. (2023, May 30). Release reporting requirements for radionuclides. https://www.epa.gov/epcra/release-reporting-requirements-radionuclides 

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