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Designation, Reportable Quantities, and Notification (40CFR302.1 -- 40CFR302.8)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Applicability (40CFR302.1)
This regulation expands the limits of the Comprehensive Environmental Response, Compensation, and Liability Act of 1986 (CERCLA) to include current spills and releases of hazardous substances, not merely disposal areas. Under the provisions of this part, facilities must notify federal authorities of spills or releases of certain hazardous substances designated under CERCLA and the Clean Water Act. Hazardous substances and their reportable quantities defined under the Clean Water Act are listed in 40CFR116.1 et seq and 40CFR117.1 et seq, respectively.

Designation of Hazardous Substances (40CFR302.4)
Provides a summary of the elements, compounds, and hazardous wastes covered under this part and any solid wastes, as defined by the Resource Conservation and Recovery Act (RCRA), that meet the characteristics of a hazardous waste.

Determination of Reportable Quantities (40CFR302.5)
Reportable quantities for listed and unlisted hazardous substances are presented. The reportable quantity is the minimum amount of a material that, if released, requires the facility to notify authorities.

Notification Requirements (40CFR302.6)
Delineates the notification procedures for a release of a hazardous substance that equals or exceeds the reportable quantity, such as telephone and written reports to local authorities the type of material and amount released, the means of the release, and response actions taken by the facility.

Penalties (40CFR302.7)
Any person who fails to make notification of a hazardous substance release will be subject to all of the sanctions, including criminal penalties, promulgated under CERCLA.

Continuous Releases (40CFR302.8)
Provides instructions on notification requirements for continuous releases of hazardous substances, including required information for the notification forms, documentation required to support notification, and penalties for failure to comply with this requirement.

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