SU0004657 - Laserfiche WebLink

Home Browse Search

""'n `77 1 .4. -6 '7-1 =1 7-1 ,G 7-1 �* _ 1: ",0-7 r §302.8 40 CFR Ch. 1 (7-1-93 Edition) Environmental Protection Agency §302.8 (viii) A signed statement that the the person in charge of the facility or 101-SM persons, 50I-1,000 persons, more (1) Multiple concurrent releases. Mul- hazardous substance release(s) is(are) vessel shall provide written notifica- than 1,000 persons. tiple concurrent releases of the same continuous and stable in quantity and tion of the change to the EPA Region (2) The identity and location of sen- substance occurrir_g at various loca- rate under the definitions in paragraph for the geographical area where the fa- sitive populations and ecosystems tions with respect to contiguous plants (a)of this section and that all reported cility or vessel is located, within 30 within a one-mile radius of the facility or installations upon contiguous information is accurate and current to days of determining that the informa- or vessel(e.g., elementary schools, hos- grounds that are under common owner- the best knowledge of the person in tion submitted previously is no longer pitals. retirement communities, or ship or control may be considsred sepa- charge. valid. Notification shall include the wetlands). rately or added together in determin- (g) Notification of changes in the re- reason for the change,and the basis for (3) For each hazardous substance re- ing whether such releases constitute a lease. If there is a change in the re- stating that the release is continuous lease claimed to qualify for reporting continuous release or a statistically lease, notification of the change, not and stable under the changed condi- under CERCLA section 103(f)(2), the fol- significant increase under the defini- otherwise reported, shall be provided in tions. , lowing information must be supplied: tions in paragraph (b) of this section; the following manner: (4) Notification of changes shall in- (i)The upper and lower bounds of the whichever approach is elected for pur- (1) Change in source or composition. If clude the case number assigned by the normal range of the release (in pounds poses of determining whether a release there is any change in the composition National Response Center or the Envi- or kilograms)over the previous year. is continuous also must be used to de- or source(s) of the release, the release ronmental Protection Agency and also (it)The frequency of the release and termine a statistically significant is a new release and must be qualified the signed certification statement re- the fraction of the release from each crease in the release. for reporting under this section by the quired at(c)(200 of this section. release source and the specific period (m)Penalties for failure to comply.'_:e submission of initial telephone notifi- (h)Notification of a statistically signifi- over which it occurs. reduced reporting requirements pro- cation and initial written notification cant increase in a release. Notification of (iii) A brief statement describing the vided for under this section shall apply in accordance with paragraphs (c) (1) a statistically significant increase in a basis for stating that the release is only so long as the person in charge and (2) of this section as soon as there release shall be made to the National continuous and stable in quantity and complies fully with all requirements of is a sufficient basis for asserting that Response Center as soon as the person rate, paragraph(c)of this section. Failure to the release is continuous and stable in in charge of the facility or vessel has (iv) A signed statement that the haz- comply with respect to any release quantity and rate; knowledge of the increase. The release ardous substance release(s) Is(are) con- from the facility or vessel shall subject (2) Change in the normal range. If must be identified as a statistically tinuous and stable in quantity and rate the person in charge to all of the re- there is a change in the release such significant increase in a continuous re- under the definitions in paragraph (b) porting requirements of§302.6 for each that the quantity of the release ex- lease. A determination of whether an of this section and that all reported in- such release, to the penalties under ceeds the upper bound of the reported increase is a "statistically significant formation is accurate and current to §302.7, and to any other applicable pen- normal range, the release must be re- increase" shall be made based upon the best knowledge of the person in alties provided for by law. ported as a statistically significant in- calculations or estimation procedures charge. (55l:R30185,July 24, 1990] crease in the release. If a change will that will identify releases that exceed (k) Documentation supporting notifica- result in a number of releases that ex- the upper bound of the reported normal tion. Where necessary to satisfy the re- ceed the upper bound of the normal range. quirements of this section, the person range, the person in charge of a facility (i) Annual emlaation of releases. Each in charge may rely on recent release or vessel may modify the normal range hazardous substance release shall be data, engineering estimates, the oper- by: evaluated annually to determine if ating history of the facility or vessel, (I) Reporting at least one statis- changes have occurred in the informa- or other relevant information to sup- tically significant increase report as tion submitted in the initial written port notification. All supporting docu- required under paragraph (c)(7) of this notification, the foilowup notification, menta, materials, and other Informa- section and, at the same time, inform- and/or in a previous change notifica- tion shall be kept on file at the facil- ing the National Response Center of tion. ity.or in the case of a vessel, at an of- the change in the normal range;and (j) Use of the SARA Title Hf section 313 flee within the United States In either (ii) Submitting, within 30 days of the form. In lieu of an initial written report a port of call, a place of regular berth- telephone notification, written notifi- or a foilowup report, owners or opera- ing,or the headquarters of the business cation to the appropriate EPA Re- tors of facilities subject to the require- operating the vessel. Supporting mate- gional office describing the new nor- ments of SARA title III section 313 rials shall be kept on file for a period of mal range, the reason for the change, may submit to the appropriate EPA one year and shall substantiate the re- and the basis for stating that the re- Regional office for the geographical ported normal range of releases, the lease in the increased amount is con- area where the facility is located, a basis for stating that the release is tinuous and stable in quantity and rate copy of the Toxic Release Inventory continuous and stable in quantity and under the definitions in paragraph (b) form submitted under SARA Title III rate, and the other information in the of this section. section 313 the previous July 1, pro- initial written report, the followup re- (3) Changes in other reported informa- vided that the following information is port, and the annual evaluations re- tion. If there is a change in any infor- added: quired under paragraphs(e), (f),and (i), mation submitted in the initial written (1) The population density within a respectively. Such information shall be notification or the followup notifica- one-mile radius of the facility or ves- made available to EPA upon request as tion other than a change in the source, sel, described in terms of the following necessary to enforce the requirements composition,or quantity of the release, ranges: Orb persons, 51-100 persons, of this section. 298 299