What are the reporting requirements under CERCLA, EPCRA and the Clean Air Act, as amended, for spills/releases of hazardous substances that exceed threshold planning quantities? What must an employer...

Answer1-
CERCLA, EPCRA and Clean Air Acts are established so as to notify related government bodies about the potential hazard so that proper measures can be taken timely and can protect human and ecological system. Though it is assumed that CERCLA and EPCRA have the same objective but its not true CERCLA is a federal program which is established so as to clean the hazardous waste and on the contrary EPCRA act as an information provider to the local and state government about the problem and in addition also assist in developing emergency response plan and also inform citizens of that location about the potential hazard. CERCLA and EPCRA have designated a reportable quantity (certain pound) of hazardous substance under the section 103 (a) of CERCLA and section 304 of (EPCRA). If there is a release equal to or greater than reportable quantity then a notification should reach to the National Response Center (NRC), State Emergency Response Commission (SERC), and Local Emergency Planning Committee (LEPC) as per the need and than the respective agency act as an emergency response center and provide the needed assistance. Here, CERCLA have mentioned very clearly in section 103 that the person in charge of vessel or facility should inform within 24 hours of the leakage to National Response Center and in the eye of EPCRA it’s the owner or the operator who is liable to report about the leakage of hazardous chemical, metal etc. to the concerned authority within 24 hours (time is same under both the Act). Two types of releases are exempt from CERCLA’s...