EPCRA section 304 requires notification to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) when there is a release of a reportable quantity (RQ) of either a CERCLA hazardous substance or an extremely hazardous substance (EHS). CERCLA section 103(a) and 40 CFR 302.6 require notification to the National Response Center (NRC) when there is a release of an RQ of a hazardous substance in any 24-hour period. Does the 24-hour time period for CERCLA also apply to the EPCRA release notification requirements?
Although the release notification requirements in EPCRA section 304 (codified in 40 CFR 355.40) do not indicate over what time period a release of a reportable quantity must occur to trigger notification, releases are reportable under EPCRA if they occur in a manner that would require notification under CERCLA section 103(a). As a result, the 24-hour time period for CERCLA also applies to the EPCRA release notification requirements. Therefore, if a release of an RQ of a CERCLA hazardous substance or an EHS occurs within any 24-hour period, the facility must notify the SERC and LEPC. (November 3, 2008 final rule, 73 FR 65452, 65459)