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A.
<br /> §302.5 40 CFR Ch. 1 (7-1-93 Edition) Environmental Protection Agency §302.8
<br /> X3015 Determination of reportable 424-M; in Washington, D.C. (202) 426- (c) The following categories of re- sponse Center as soon as he has knowl-
<br /> quantities. 2675), leases are exempt from the notification edge of such release shall be subject to
<br /> (a) Listed hazardous substances. The (b) Releases of mixtures or solutions requirements of this section: (1) Re- all of the sanctions, including criminal
<br /> quantity listed in the column s Final (including hazardous waste streams) of leases of those radionuclides that occur penalties, set forth in section 103 of the
<br /> qua for each substance in Table Sinal (1) Hazardous substances, except for naturally in the soil from land holdings Act with respect to such failure to no-
<br /> or in Appendix B to Table Tab! is the radionuclides, are subject to the fol- such as parks, golf courses, or other tify.
<br /> r that sub- lowing notification requirements: large tracts of land; (2) releases of (b) Notification received pursuant to
<br /> reportable quantity (RQ) foThe RQs in Table r t are in (I) if the quantity of all of the haz- radionuclides occurring naturally from this section or information obtained by
<br /> stance. pounds based on chemical fox- ardous constituent(s) of the mixture or the disturbance of land for purposes the exploitation of such notification
<br /> units unitswhile the RQs in Appendix B to solution is known, notification is re- other than mining, such as for agricul- shall not be used against any such per-
<br /> quired where an RQ or more of any haz- tural or construction activities; (3) re- son in any criminal case,except a pros-
<br /> Table 302.4 are in units of curies based ardous constituent is released;or leases of radionuclides from the dump- ecution for perjury or for giving a false
<br /> on radiation hazard. Whenever the RQs (it) if the quantity of one or more of Ing of coal and coal ash at utility and statement.
<br /> in Table 302.4 and Appendix B to the the hazardous constituent(s) of the industrial facilities with coal-fired (c)This section shall not apply to the
<br /> table are in conflict, the lowest RQ mixture or solution is unknown, notifi- boilers; and (4) releases of radio- application of a pesticide product reg-
<br /> shall apply. cation is required where the total nuclides from coal and coal ash piles at istered under the Federal Insect`' e,
<br /> (b) Unlisted hazardous substances. Un- amount of the mixture or solution re- utility and Industrial facilities with Fungicide, and Rodenticide Act, o
<br /> listed hazardous substances designated leased equals or exceeds the RQ for the coal-fired boilers. the handling and storage of such a-141-
<br /> by
<br /> " s-
<br /> by 40 CFR 302.4(b) have the reportable hazardous constituent with the lowest (d) Except for releases of radio- ticide product by an agricultural pro-
<br /> quantity of 100 pounds,except for those RQ, nuclides, notification of the release of ducer.
<br /> Unlisted hazardous wastes which ex- (2) Radionuclides are subject to this an RQ of solid particles of antimony,
<br /> hibit extraction procedure (EP) tox- section's notification requirements arsenic, beryllium, cadmium, chro- ii 302.8 Continuous releases.
<br /> icity identified in 40 CFR 261.29, Un- only in the following circumstances: mium, copper, lead, nickel, selenium,
<br /> listed hazardous wastes which exhibit (i)If the identity and quantity(in cu- silver, thallium, or zinc Is not required (a) Except as provided in paragraph
<br /> EP toxicity have the reportable quan- ries) of each radionuclide in a released if the mean diameter of the particles (c)of this section, no notification is re-
<br /> tities listed in Table 302.4 for the con- mixture or solution is known, the ratio released is larger than 100 micrometers quired for any release of a hazardous
<br /> ta.minant on which the characteristic between the quantity released (in cu- (0.004 inches). substance that is, pursuant to the deft-
<br /> of EP toxicity is based. The reportable ries) and the RQ for the radionuclide [50 FR 13474, Apr. 4, 1985, as amended at 54 nitions in paragraph(b) of this section,
<br /> quantity applies to the waste itself, must be determined for each radio- FR 22538, May 24, 1989; 54 FR 33481, Aug. 14, continuous and stable in quantity and
<br /> not merely to the toxic contaminant.If nuclide. The only such releases subject 1989] rate.
<br /> an unlisted hazardous waste exhibits to this section's notification require- (b) Definitions. The following defini-
<br /> EP toxicity on the basis of more than ments are those In which the sum of 4302.7 Penalties, tions apply to notification of continu-
<br /> one contaminant, the reportable quan- the ratios for the radionuclides in the (a)Any person— ous releases:
<br /> tity for that waste shall be the lowest mixture or solution released is equal to (1) In charge of a vessel from which a Continuous. A continuous release is a
<br /> of the reportable quantities listed In or greater than one. hazardous substance is released, other release that occurs without interrup-
<br /> Table 302.4 for those contaminants. It (it) If the identity of each radio- than a federally permitted release, into
<br /> an unlisted hazardous waste exhibits nuclide in a released mixture or solu- or upon the navigable waters of the anticipated, and intermittent and inci-
<br /> the characteristic of EP toxicity and tion is known but the quantity re- United States, adjoining shorelines, or dental to normal operations or treat-
<br /> one or more of the other characteris- leased (in curies) of one or more of the into or upon the waters of the contig- ment processes.
<br /> tics referenced in 40 CFR 302A(b), the radionuclides is unknown, the only uous zone, Normal range. The normal rang a
<br /> reportable quantity for that waste such releases subject to this section's (2) In charge of a vessel from which a release is all releases (in pounce. or
<br /> shall be the lowest of the applicable re- notification requirements are those in hazardous substance Is released, other kilograms)of a hazardous substance re-
<br /> portable quantities. which the total quantity (in curies) of than a federally permitted release, ported or occurring over any 24-hour
<br /> the mixture or solution released is which may affect natural resources be- period under normal operating condi-
<br /> [51 FR 34547, Sept. 29, 1987, as amended at 54 equal to or greater than the lowest RQ longing to, appertaining to, or under tions during the preceding year. Only
<br /> FR 22538,May 24,1989] of any individual radionuclide in the the exclusive management authority of releases that are both continuous and
<br /> mixture or solution. the United States (including resources stable in quantity and rate may be in-
<br /> §302.8 Notification requirements. (iii) if the identity of one or more under the Fishery Conservation and cluded in the normal range.
<br /> (a) Any person in charge of a vessel radionuclides in a released mixture or Management Act of 1976), and who is Routine. A routine release is a release
<br /> or an offshore or an onshore facility solution is unknown (or if the identity otherwise subject to the jurisdiction of that occurs during normal operating
<br /> shall, as soon as he has knowledge of of a radionuclide released by itself is the United States at the time of the re- procedures or processes.
<br /> any release(other than a federally per- unknown), the only such releases sub- lease,or Stable in quantity and rate. A release
<br /> mitted release or application of a pes- ject to this section's notification re- (3) In charge of a facility from which that is stable in quantity and rate is a
<br /> ticide) of a hazardous substance from quirements are those in which the a hazardous substance is released, release that is predictable and regular
<br /> such vessel or facility in a quantity total quantity (in curies) released is other than a federally permitted re- in amount and rate of emission,
<br /> equal to or exceeding the reportable equal to or greater than either one lease, in a quantity equal to or greater Statistically significant increase. A sta-
<br /> quantity determined by this part in curie or the lowest RQ of any known than that reportable quantity deter- tistically significant increase in a re-
<br /> any 24-hour period, immediately notify individual radionuclide in the mixture mined under this part who fails to no- lease is an increase in the quantity of
<br /> the National Response Center ON) or solution,whichever is lower. tify immediately the National Re- the hazardous substance released above
<br /> 294 295
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