EPA continues enforcement actions against numerous companies for failing to “immediately” notify the National Response Center of the release of reportable quantities (RQs) of hazardous substances.
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EPA’s recent increased enforcement serves as a reminder that companies must have an emergency management plan in place to immediately evaluate (1) whether there has been a release of a hazardous substance subject to the rules and (2) if the release was in a quantity that triggers immediate reporting obligations. Failure to report in a timely manner can lead to costly six-figure civil fines and possibly criminal penalties.
If there is a release of a hazardous substance that exceeded an RQ, the facility must immediately notify government response agencies under CERCLA 103(a) and EPCRA 304(a). EPA takes the position that a report must be made within 15 minutes of discovery of the release to satisfy the requirement for immediate notification.
INFO: Contact the EPCRA Call Center at 800-424-9346.