You must comply with the emergency release notification requirements in this subpart if both of these two conditions are met:
(a) You produce, use, or store a hazardous chemical at your facility; and
(b) You release a reportable quantity (RQ) of any EHS or of a hazardous substance as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA Hazardous Substance) at your facility. Certain releases are exempted from these requirements. Exempted releases are listed in § 355.31.
Note to paragraph (b):
In addition to the emergency release notification requirements of this subpart, releases of CERCLA hazardous substances are subject to the notification requirements under CERCLA. This is explained further in subpart D of this part.
authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (
42 U.S.C. 11002,
11003,
11004,
11045,
11047,
11048,
and
source: 73 FR 65462, Nov. 3, 2008, unless otherwise noted.
cite as: 40 CFR 355.30