Regulatory Calendar

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Regulatory Calendar

Calendar/Timeline for Regulatory Deadlines

Environmental Reporting Requirements by Law

Environmental Reporting Requirements Checklist

Please note that the information provided in this section is for informational purposes only, and does not include complete regulatory requirement descriptions. Please refer to the federal regulations for applicable requirements and contact your state and local environmental agencies for specific requirements and for further clarification.

Calendar/Timeline for Regulatory Deadlines

Please note that most reporting requirements are based on the occurrence of an event, rather than on the calendar. Refer to the Environmental Reporting Requirements by Law, and Environmental Reporting Requirements Checklist at this site for further information. As always, refer to the federal regulations for complete applicable requirements and contact your state and local environmental agencies for specific requirements and for further clarification.

January
February
March
April

May
June
July
August

September
October
November
December

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Postmarked by January 30 - Submit Written Report of Excess Emissions, as Defined Within Regulations, for the preceding July through December - Applicable to Every Source Required to Install Continuous Emission Monitoring System (CEMS) (Clean Air Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

By March 1 - Submit Annual Groundwater Monitoring Summary - Applicable to Facilities with RCRA Groundwater Monitoring Programs (Resource, Conservation and Recovery Act)

By March 1 of Even Numbered Years, or Annually if Required by State - Submit Biennial (or Annual) Report - Applicable to Generators Shipping Hazardous Waste Off-site to a Treatment, Storage, or Disposal (TSD) Facility (Resource, Conservation and Recovery Act)

By March 1 - Submit Tier One Information, or Tier Two Report to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the Local Fire Department (LFD) - Applicable to Facilities Subject to Community Right-to-Know Reporting Requirements (Emergency Planning and Community Right-to-Know Act or SARA Title III)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Submit Sampling and Analysis Report - Applicable to Industrial Dischargers to Publicly-Owned Treatment Works (POTW), and Subject to Categorical Pretreatment Standards, Unless POTW or Control Authority Collects All Information Required (Clean Water Act)

Submit Description of Nature, Concentration, and Flow of Pollutants - Applicable to Industrial Dischargers to Publicly-Owned Treatment Works (POTW), which are not Subject to Categorical Pretreatment Standards, Unless POTW or Control Authority Collects All Information Required (Clean Water Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Postmarked by July 30 - Submit Written Report of Excess Emissions, as Defined Within Regulations, for the preceding months of January through June - Applicable to Every Source Required to Install Continuous Emission Monitoring System (CEMS) (Clean Air Act)

By July 1 - Submit Toxic Chemical Release Inventory Reporting Form ("EPA Form R") - Applicable to Owners/Operators of Certain Manufacturing Facilities (Emergency Planning and Community Right-to-Know Act or SARA Title III)

By July 15 - Commercial Storers and Disposers of PCB waste must submit an annual PCB report to the Regional Administrator of the EPA Region in which the facility is located.

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Between August 25 to December 23, 1990 and Every Four Years Beyond 1990 - Submit TSCA Inventory Update Information ("EPA Form 7740-8") to EPA - Applicable to Certain Manufacturers or Importers of 10,000 Pounds or More of Substance Listed on TSCA Chemical Substance Inventory Before August 25 Every Four Years (Toxic Substances Control Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Between August 25 to December 23, 1990 and Every Four Years Beyond 1990 - Submit TSCA Inventory Update Information ("EPA Form 7740-8") to EPA - Applicable to Certain Manufacturers or Importers of 10,000 Pounds or More of Substance Listed on TSCA Chemical Substance Inventory Before August 25 Every Four Years (Toxic Substances Control Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Between August 25 to December 23, 1990 and Every Four Years Beyond 1990 - Submit TSCA Inventory Update Information ("EPA Form 7740-8") to EPA - Applicable to Certain Manufacturers or Importers of 10,000 Pounds or More of Substance Listed on TSCA Chemical Substance Inventory Before August 25 Every Four Years (Toxic Substances Control Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Between August 25 to December 23, 1990 and Every Four Years Beyond 1990 - Submit TSCA Inventory Update Information ("EPA Form 7740-8") to EPA - Applicable to Certain Manufacturers or Importers of 10,000 Pounds or More of Substance Listed on TSCA Chemical Substance Inventory Before August 25 Every Four Years (Toxic Substances Control Act)

Submit Discharge Monitoring Report (DMR) - Applicable to National Pollution Discharge Elimination System (NPDES) Permit Dischargers (Clean Water Act)

Submit Sampling and Analysis Report - Applicable to Industrial Dischargers to Publicly-Owned Treatment Works (POTW), and Subject to Categorical Pretreatment Standards, Unless POTW or Control Authority Collects All Information Required (Clean Water Act)

Submit Description of Nature, Concentration, and Flow of Pollutants - Applicable to Industrial Dischargers to Publicly-Owned Treatment Works (POTW), which are not Subject to Categorical Pretreatment Standards, Unless POTW or Control Authority Collects All Information Required (Clean Water Act)

Between August 25 to December 23, 1990 and Every Four Years Beyond 1990 - Submit TSCA Inventory Update Information ("EPA Form 7740-8") to EPA - Applicable to Certain Manufacturers or Importers of 10,000 Pounds or More of Substance Listed on TSCA Chemical Substance Inventory Before August 25 Every Four Years (Toxic Substances Control Act)

Environmental Reporting Requirements by Law

Clean Water Act

Safe Drinking Water Act

Resource Conservation and Recovery Act

Comprehensive Environmental Response, Compensation and Liability Act

Emergency Planning and Community Right-to-Know Act

Toxic Substances and Control Act

Federal Insecticide, Fungicide and Rodenticide Act

Clean Air Act

FOR SOURCES SUBJECT TO NEW SOURCE PERFORMANCE STANDARDS (NSPS):

Owners/operators required to have a continuous emission monitoring system (CEMS) must meet specific reporting requirements:

Maintain CEMS operating records.
Maintain records of any CEMS startup, shutdown, or malfunction of an affected facility's air pollution control equipment during any period the CEMS is inoperative.
Provide written notification: within 30 days of date construction or reconstruction is commenced; within 60 days of the anticipated initial start date; within 15 days of the actual startup date; of any physical or operation change to an existing facility that may increase the emission rate of a regulated pollutant within 60 days, or as soon as possible, before the change is commenced; within 30 days prior to a continuous emission monitoring performance demonstration; 30 days prior to the anticipated date of opacity observations.
Every source required to install CEMS must submit written report of excess emissions, as defined within regulations. These reports must be submitted every calendar quarter and be postmarked by the 30th day of the end of each calendar quarter.

Other reporting requirements are found under the individual NSPS categories.

FOR SOURCES SUBJECT TO NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (HAPs):

For industry categories required to meet maximum achievable control technology (MACT) standards, there are additional monitoring, recordkeeping, and reporting requirements.
Owners/operators required to have a monitoring system (MS) must meet specific reporting requirements depending on the specific regulated pollutant. [Particularly complex recordkeeping and reporting are included under the Leak Detection and Repair (LDAR) program proposed in the March 6, 1991 Federal Register. This applies to chemical plants where any of the 453 processes that make or use the organic compounds listed in the proposed regulations are performed.]
Other reporting requirements are found under the individual HAPs categories.

FOR SOURCES SUBJECT TO PREVENTION OF SIGNIFICANT DETERIORATION (PSD):

Ambient air monitoring data required prior to facility construction.
PSD permit may impose additional requirements.

FOR SOURCES SUBJECT TO NEW SOURCE REVIEW (NSR):

NSR pre-construction monitoring requirements vary from state to state.
NSR permit may impose additional requirements.

FOR COMPLIANCE ORDERS/PERMIT CONDITIONS:

Varying requirements may be imposed by EPA or state agencies. Direct monitoring (relating directly to emission limits) or indirect monitoring (parametric monitoring) may be involved.

RISK MANAGEMENT PROGRAMS:

If there are regulated substances above specified threshold quantities for the Accidental Release Prevention Program, develop a Chemical Accidental Release Prevention Program for your facility by June 21, 1999 or within 3 years after the material is listed. The list of regulated chemicals was published in the Federal Register on January 31, 1994.

Clean Water Act

SPCC REQUIREMENTS:

Immediately notify the National Response Center (800-424-8802) of a discharge of oil from the facility. If direct reporting to the NRC is not possible, reports may be made to the Coast Guard or EPA On-scene coordinator for the geographic area where the discharge occurs.
Prepare a Spill Prevention, Control and Countermeasure (SPCC) Plan if the facility is located onshore/offshore and has discharged, or could reasonably be expected to discharge oil in harmful quantities into navigable waters of the U.S. or adjoining shorelines. An Integrated Contingency Plan (ICP) or State SPCC Plan also may be used. This requirement does not apply to facilities that have completely buried tanks that are subject to Underground Storage Tank Rules (40 CFR 280 or 281), or those that have an aboveground storage capacity of less than 1,320 gallons of oil, or containers under 55 gallons. Regional Administrators (RAs) also may require otherwise exempt facilities to prepare a SPCC Plan on a case-by-case basis. Amend the SPCC Plan every five years.
Amend the SPCC Plan if there has been a discharge of greater than 1,000 gallons of oil into navigable waters, or more than 42 gallons in two spill events in any twelve month period. Amend the SPCC Plan if there have been changes in the facility design, construction, operation, and/or maintenance that affect the facility's probability to discharge oil.
Submit a spill report within 60 days with information required by 40 CFR 112.4(b) if there has been a discharge of greater than 1,000 gallons of oil into navigable water, or a discharge of oil of more than 42 gallons in two spill events in any twelve period.
Prepare a Facility Response Plan if your facility is a non-transportation-related onshore facility that, because of its location, could reasonably be expected to cause "Substantial Harm" to the environment by discharging oil into or on navigable waters or adjoining shorelines. (An ICP format or other format acceptable to the RA may be used.) The facility can be expected to cause "Substantial Harm" if: the facility transfers oil over water to or from vessels and has a total oil storage capacity greater than or equal to 42,000 gallons; or, the facility's total oil storage capacity is greater than or equal to 1,000,000 gallons. The regulation does not apply to completely buried storage tanks or containers under 55 gallons.
Complete and maintain the "Substantial Harm Criteria" form in the SPCC Plan if your facility is a non-transportation-related onshore facility and is not expected to cause substantial harm to the environment. The form is located in Attachment C-II of 40 CFR 112, Appendix C.

DISCHARGE OF HAZARDOUS SUBSTANCES:

Immediately notify the appropriate agency of the U.S. Government of a discharge of a designated hazardous substance in excess of its reportable quantity into navigable waters of the U.S. A list of designated substances and their reportable quantities is located in 40 CFR 117.3.

FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT DISCHARGERS:

Submit the following to EPA (or State Agency):

Monitoring information must be submitted monthly (or other permitted frequency) on a discharge monitoring report (DMR).
A NPDES (or state equivalent) permit application, modification, or renewal must be submitted for industrial wastewater discharges (including stormwater discharges associated with industrial activity) to U.S. waters at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the Director. Permit applications must be submitted 90 days in advance for construction activities, including clearing, grading, and excavation, resulting in disturbance of more than 5 acres.
Orally report within 24-hours of any non-compliance which may endanger health or the environment. Within 5 days, a written report must be submitted.
Notification must be provided at least 2 business days prior to a month in which the facility will operate at a level higher than the lowest production level identified in a permit which includes alternate production-based limits.
Report an unanticipated bypass (diversion of waste streams from a part of treatment) within 24 hours of becoming aware of the circumstances. Submit a written follow-up report within 5 days.
Submit prior notice, if possible, at least 10 days before an anticipated bypass.
Report any "other" instances of non-compliance not reported in a DMR or 24-hour report at the time monitoring reports are submitted in a non-compliance report, and include the information required by a 24-hour notice reporting.
Promptly submit relevant facts that the facility failed to submit in a NPDES permit application, or incorrect information submitted in a permit application or report.
Notify as soon as possible of any planned physical changes which may change the nature or quantity of pollutants discharged or result in a change in sludge use or disposal practices, or result in a new source
Give advance notice of any planned physical changes in the facility or activity that may result in noncompliance with permit requirements.
Report an "upset" within 24 hours of becoming aware of the circumstances. Submit a written follow-up report within 5 days.
Report violations of the maximum daily discharge limitations for any of the pollutants listed in the permit within 24 hours. Submit a written follow-up report within 5 days.
Manufacturing, commercial, mining and silvicultural dischargers must provide notification as soon as they "know or have reason to believe" that any activity has occurred or will occur that will result in a discharge of any toxic pollutant, not limited in the NPDES permit, above specified notification levels.
Facilities that use, manufacture, store, handle, or discharge listed toxic or hazardous pollutants under the Clean Water Act are subject to the best management practices (BMP) program requirements for all activities that may result in significant amounts of those pollutants reaching U.S. water. A written BMP program must be developed for the facility. Listed toxic pollutants are in Section 307 and listed hazardous substances and reportable quantities are located in Section 311.
Facilities that have a NPDES permit for discharge of stormwater associated with industrial activity must maintain a record of the required annual inspection and certification that the facility is in compliance with the plan and permit, and of any instances of noncompliance. Facilities covered under general permits must have developed Stormwater Pollution Prevention Plans.
Stormwater reporting/recordkeeping is established on case-by-case basis.

FOR INDIRECT DISCHARGERS (DISCHARGES TO POTW) SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS:

Submit the following to the Control Authority:

Submit Semi-annual Sampling and Analysis Report in June and December, unless otherwise specified by pretreatment standards or the Control Authority.
Within 180 days of promulgation of a new categorical pretreatment standard or EPA determination of applicability of a category to an indirect discharge, or 90 days prior to commencement of discharge by a new source, dischargers must submit a Baseline Monitoring Report (BMR)
Within 90 days of the final compliance date for Categorical Pretreatment Standards or, for new sources, 90 days following commencement of discharge to POTW, submit a 90-day compliance report containing current monitoring results of the monitoring information submitted in the Baseline Monitoring Report (BMR).
Within 24 hours of becoming aware of violating a Categorical Pretreatment Standard (through upset or bypass), report to the POTW. The initial notification may be oral and must be followed up with a written notification within 5 days.
Check with the local POTW or sewer use ordinances for separate requirements.

FOR INDUSTRIAL USERS (DISCHARGES TO A POTW) NOT SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS:

Check with local POTW or sewer use ordinances for separate requirements.
Submit to the Control Authority a semi-annual report including description of nature, concentration, and flow of pollutants on dates specified by the POTW.

FOR ALL INDUSTRIAL USERS (DISCHARGES TO A POTW):

Immediate notify the POTW of all discharges that could cause problems to the POTW, including slug loadings, as defined by the eight specific prohibitions.
If your facility discharges any amount of RCRA "acute" hazardous waste or >15 Kg of any RCRA hazardous waste per calendar month, report the following to the POTW, EPA and state hazardous waste authorities within 180 days of the initial discharge: name of the hazardous waste discharged, the type of discharge (continuous or batch), and the EPA hazardous waste identification number. Additional information is required to be reported by dischargers of >100 Kg of hazardous waste per calendar month. In the case of new regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, provide similar notification within 90 days.
Promptly notify the POTW in advance of any "substantial change" in the volume or character of pollutants in your discharge, including the hazardous wastes discussed above. Only changes expected to occur "on a regular or routine basis over an extended period of time (3 months or more)" need to be reported.
Give advance notice (10 days if possible) to the Control Authority of an anticipated bypass.
Within 24 hours of becoming aware of unanticipated bypass that exceeds applicable pretreatment standards, orally report to the Control Authority, and follow-up with a written submission within 5 days.

Safe Drinking Water Act

FOR PUBLIC WATER SYSTEMS (system that provides to the public piped water for human consumption, if it has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days out of each year):

Within the first 10 days following the month in which analytical results are received, or within the first 10 days after the end of the required monitoring period stipulated by the state, whichever is shorter, report to the state the results of any test measurement or analysis required, unless a state laboratory performs the analysis and reports the results to the office that would typically receive notification from the supplier.
Within 48 hours, report to the state failure to comply with any national primary drinking water regulations (including failure to comply with monitoring requirements).
Within 10 days of completion of each required public notification, submit to the state a representative copy of each type of notice distributed, published, posted, and/or made available to the persons served by the system and/or to the media.
Within time stated in request, submit to state copies of any records required to be maintained, or copies of any documents which the state or Administrator is entitled to inspect.
Owners/operators of public water systems must give notice to persons served in the following cases (manner of notifications and applicable timeframes are indicated by SDWA):

Any failure to comply with a maximum contaminant level (MCL) treatment technique, or testing procedure required by a national primary drinking water regulation

Any failure to comply with any monitoring required pursuant to section 1445 of the SDWA

Existence of a variance or exemption

Any failure to comply with the requirements of any schedule prescribed pursuant to a variance or exemption.

Owners/operators of public water systems must retain the following records on the premises or nearby convenient location:

Records of bacteriological analyses conducted pursuant to SDWA for not less than 5 years

Records of chemical analyses conducted pursuant to SDWA for not less than 10 years

Records of action taken by system to correct violations of primary drinking water regulations for not less than 3 years after the last action taken

Copies of written reports, summaries, or communications relating to sanitary surveys of the system conducted by the system, private consultant, or by any local, state, or federal agency, for not less than 10 years after completion of the sanitary survey

Records concerning a variance or exemption granted to the system for not less than 5 years following the expiration of the variation or exemption.

Resource Conservation and Recovery Act

FOR RCRA FACILITIES REQUIRED TO HAVE GROUNDWATER MONITORING PROGRAMS:

Submit annually, by March 1, Annual Groundwater Monitoring Summary.

FOR GENERATORS SHIPPING HAZARDOUS WASTE OFF-SITE TO A TREATMENT, STORAGE, OR DISPOSAL (TSD) FACILITY:

Submit biennial hazardous waste generators report by March 1 of each even-numbered year to EPA (or state), or annually if required by state.
Provide accurate and complete information to transporters and TSD facilities on the chemical composition of hazardous wastes generated.
Use hazardous waste manifests to track each shipment of hazardous waste to ensure that all wastes arrive safely to the permitted TSD facility. If you do not receive a signed manifest from the TSD in 35 days, or a manifest that was not properly executed, contact the transporter and TSD to determine the status of the manifest and waste shipment. If a manifest in not received within 45 days, an exception report must be filed to EPA (or state). Small quantity generators have 60 days to receive a manifest before an exception report must be filed.

FOR GENERATORS:

Within 90 days of determining you are a RCRA hazardous waste generator, obtain EPA identification number and notify EPA of location and description of waste generating activities.
Record quantities and constituents of the hazardous wastes generated and disposition of wastes.
Provide a one-time notice to each treatment or storage facility receiving waste restricted from land disposal under 40 CFR 268 (Land Disposal Restrictions) and that does or does not meet treatment standards. Submit a new notification when there is a change in the waste or facility. Submit a one-time notice to the receiving facility if the waste is not prohibited from land disposal because of an extension, exception or variance.
The facility should prepare an inspection plan to establish the schedule and scope of inspections of hazardous waste tanks and other container storage areas. Inspections must be performed and documented.
Maintain contents of training program and participation records for required training of employees in proper management and handling of hazardous wastes (including Contingency Plan in event of hazardous waste release).
Check additional reporting as required for activities under RCRA permits, such as RCRA Facility Investigation/Corrective Measure Study activities and associated monitoring, or interim status monitoring.
Report releases of hazardous waste from a tank in an amount greater than one pound to the EPA Region Administrator within 24 hours of detection.

FOR TREATMENT, STORAGE, AND DISPOSAL UNITS:

If there is a release, fire or explosion that could threaten human health, or the environment outside the facility, notify either the government official designated as the on-scene coordinator for the geographic area or the National Response Center (800-424-8802). If evacuation from the local area is advisable, notify the appropriate local authorities.

FOR GENERATORS WHO STORE HAZARDOUS WASTE FOR UP TO 90 DAYS:

Maintain the following records at the facility: written description of procedures to ensure that waste remains in the unit for no more than 90 days, written description of the waste generation and management practices for the facility showing that they are consistent with the 90-day storage limit, and documentation that the procedures are complied with; OR, documentation that the unit is emptied every 90 days.

FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (USTs):

Within 30 days of bringing a UST into service, owners must submit a Notification for Underground Storage Tanks Form (EPA Form 7530-1) to EPA or designated department. Individual states may require individuals to use forms differing from the EPA form.
Within 24 hours, or other reasonable time period specified by the implementing agency, owners and operators of UST systems must report any suspected release to the appropriate agency. Conditions which require reporting include discovery of regulated substances released at the UST site, or surrounding area; unusual operating conditions, such as erratic behavior of dispensing equipment, sudden loss of product, or presence of waste in the UST; and/or monitoring results indicate a release may have occurred.
Within 24 hours, or other reasonable time period specified by the implementing agency, owners and operators of UST systems must report certain spills and overflows to the implementing agency. The cases requiring reporting include spills or overflows of petroleum resulting in a release in excess of 25 gallons, or amount specified by implementing agency, or that causes a sheen on nearby surface water; spills or overflows of a hazardous substance resulting in a release that equals or exceeds its reportable quantity under CERCLA; and/or spills and overflows less than 25 gallons of petroleum, and less than the reportable quantity of a hazardous substance when cleanup cannot be accomplished within 24 hours or other time period specified by the implementing agency, in which case the implementing agency must be notified immediately. (Under CERCLA, releases of hazardous substances in excess of their reportable quantities must be reported immediately, rather than 24 hours, to the National Response Center and appropriate state and local agencies.)
Within 24 hours, or other time period specified by the implementing agency, owners and operators of UST systems must report the confirmation of a suspected release, or a release identified by other means, to the implementing agency.
Within 20 days of release confirmation, or other reasonable time period specified by the implementing agency, owners and operators of UST systems must submit a report summarizing the initial abatement steps taken, and any resulting information or data to the implementing agency.
Within 45 days of release confirmation, or other reasonable time period specified by the implementing agency, owners of UST systems must submit initial site characterization information to the implementing agency. This must include data on the nature and estimated quantity of the release; data from available sources or site investigations on surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use; results of the site check to measure the presence of the release where contamination was most likely to occur; and results of free product investigations to determine what free product must be recovered.
Within 45 days of release confirmation, or other time period specified by the implementing agency, owners and operators of UST systems where releases, spills, or overflows have resulted in free product, must submit a report to the implementing agency. The report must include the name of the person responsible for implementing the free product removal measures; the estimated quantity, type, and thickness of free product observed or measured in wells, boreholes and excavations; the type of free product recovery system used; whether any discharge will take place on or off site during the recovery operations, and if so, where the discharge will be located; the type of treatment applied to and the effluent quality expected from any discharge; the steps that have been or are being taken to obtain necessary permits for any discharge; and the disposition of the recovered free product.
As soon as practical, or in accordance with a schedule established by the implementing agency, owners and operators of UST systems where releases have occurred must submit information collected from soil and groundwater investigations in the area of the release, the release site, and the surrounding area possibly affected by the site to determine the extent of contamination, to the implementing agency.
Owners and operators of UST systems may be required to submit a corrective action plan for contaminated soil and groundwater to provide for adequate protection of human health and the environment, to the implementing agency. The schedule and format for the plan will typically be established by the implementing agency, or the owners and operators may voluntarily submit the corrective action plan. Upon plan approval and implementation, results of the plan implementation must be reported to the implementing agency in accordance with the agency-specified schedule and format. Alternatively, owners and operators may begin soil and groundwater clean up prior to approval of the plan, after notifying the implementing agency of their intention, and in compliance with any conditions imposed. All self-initiated measures must be submitted to the implementing agency for approval.
A minimum of 30 days before initiating either permanent closure or a change-in-service of a UST system, owners and operators must notify the implementing agency, unless such action is in response to correction action associated with any release from the UST.
Within 30 days after confirmation of releases, spills, or overflows from a UST that requires reporting, owners and operators of petroleum UST systems must submit evidence of financial responsibility to the Director of the implementing agency.
Maintain records of operation of cathodic protection in accordance with 40 CFR 280.34. Records must provide: results of last 3 inspections (for impressed current); and, results of testing from the last 2 inspections (for all USTs). Maintain the following: a corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used; documentation of operation of corrosion protection equipment; documentation of UST system repairs; recent compliance with release detection requirements. The following release detection records must be maintained: all written performance claims pertaining to any release detection system used; results of any sampling, testing or monitoring must be maintained for 1 year (tank tightness testing results must be retained until the next test is conducted).
Maintain records of the site inspection for 3 years following completion of permanent closure or change-in-service of an UST.
Maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility for USTs containing petroleum.

Comprehensive Environmental Response, Compensation and Liability Act

EMERGENCY NOTIFICATION REQUIREMENTS:

Immediately notify the National Response Center at 800-424-8802 (202-267-2675 in the Washington, DC area) of a release of a hazardous substance into the environment in a quantity equal to or exceeding its reportable quantity. Hazardous substances and their reportable quantities are listed in 40 CFR 302.4. Additional reporting and notifications are required for continuous releases under CERCLA (40 CFR 302.8). A written notification must be made to the appropriate EPA Regional Office within 30 days of the initial telephone notification.

ONE-TIME NOTICE:

Any owner/operator of a facility where hazardous substances were stored, treated, or disposed of, and such a facility had not been issued a permit or interim status under RCRA, must have notified EPA by June 9, 1981, of the existence of the facility, as well as amount and type of any hazardous substance found, and any known, suspected, or likely releases of such substances. Records must be kept on these facilities for 50 years, beginning with December 11, 1980, or the date of establishment of such records (whichever is later).

Emergency Planning and Community Right-to-Know Act or SARA Title III

EMERGENCY PLANNING FOR FACILITY OWNERS/OPERATORS:

Within 60 days of an EPA Extremely Hazardous Substance (EHS) becoming present at your facility in a quantity equal to or above the threshold planning quantity (TPQ), you must notify the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). A list of EHSs and their TPQs is located in Appendix A and B of 40 CFR 355.
Notify the LEPC of your facility's representative who will participate as the emergency coordinator in the emergency planning process.
You must provide the LEPC with additional information if requested, and notify them of any changes at the facility that may be relevant to emergency planning.

EMERGENCY RELEASE NOTIFICATION FACILITY OWNERS/OPERATORS:

Provide immediate notice to appropriate SERCs and LEPCs of a release of a listed hazardous substance (either an EHS or a hazardous substance subject to emergency notification requirements under CERCLA) not federally permitted, and which exceeds the reportable quantity (RQ) established for the substance, and results in exposure to persons off-site. (Transportation-related releases may be reported to 911 operator, or other operator if 911 system is not in place.) A list of CERCLA hazardous substances and EHSs and their reportable quantities is located in Appendix A and B of 40 CFR 355.
As soon as possible after the release (described in immediately preceding bullet), provide written follow-up notice to appropriate SERCs and LEPCs.

CONTINUOUS RELEASE NOTIFICATION:

Provide initial telephone notification to appropriate SERCs and LEPCs and National Response Center (NRC) for a continuous release above the RQ.
Within 30 days of initial telephone notification, provide initial written notification to appropriate EPA Regional Office, and appropriate SERCs and LEPCs.
Within 30 days of the first anniversary date of the initial written notification, submit one-time follow-up report to appropriate EPA Regional Office to verify or update the information submitted in the initial written report.
You may submit a copy of the relevant Toxic Chemical Release Inventory Reporting Form from the previous July 1, with additional information as listed under EPCRA, in lieu of the initial written or follow-up report.
After submittal of the follow-up report, submit annual re-evaluation of each reported hazardous substance release within 30 days of the anniversary date of the initial written notification, and document. (Notify appropriate EPA Regional Office only if change in any information submitted previously.)
Provide initial telephone notification of "new" release if there is change in composition or source of release, immediately as there is sufficient basis to assert the "new" release is continuous and stable in quantity and rate.
Provide immediate telephone notification of statistically significant increase in release to NRC, and appropriate SERCs and LEPCs. (Written follow-up emergency notification under EPCRA also required.)
Within 30 days of determination previously submitted information in initial or follow-up written notification is no longer valid, provide written notification of change to appropriate EPA Regional Office.

COMMUNITY RIGHT-TO-KNOW REPORTING FOR FACILITY OWNERS/OPERATORS:

Within three months after first becoming subject to regulations under the Occupational Safety and Health Administration (OSHA), submit copies of material safety data sheets (MSDSs), or a list of hazardous chemicals to the SERC, the LEPC, and the local fire department (LFD). The thresholds for reporting hazardous chemicals are: hazardous chemicals (pose a physical or health hazard) in amounts greater than 10,000 lbs; and, extremely hazardous substances (EHS) present in amounts greater than or equal to 500 lbs or the TPQ, whichever is lower. Most SERCs require or encourage facilities to submit a "list" of hazardous chemicals grouped by health and physical hazard categories as defined by EPA in lieu of submitting the MSDS on each hazardous chemical.
Provide a copy of the MSDS for any chemical on the list submitted within 30 days of the receipt of a request from the SERC or LEPC.
Within 3 months of new hazardous chemicals becoming present at the facility in quantities above established threshold levels, provide either MSDSs or a revised list of MSDS chemicals.
Within 3 months of discovery of significant new information concerning a hazardous chemical, provide a revised MSDS.

TIER ONE/TIER TWO REPORTING FOR COVERED FACILITY OWNERS/OPERATORS:

If your facility is required to prepare/have an MSDS under OSHA, you must prepare and submit to the SERC, LEPC and LFD, an emergency and hazardous chemical inventory form (Tier I or Tier II). Chemicals and threshold levels for reporting are the same as specified above under Community Right-to-Know Reporting for Facility Owners/Operators. The inventory form incorporates a two-tier approach.
Tier I must be submitted annually by March 1. If requested by the SERC, LEPC or LFD, submit a Tier II, which includes more detailed information. You may submit a Tier Two instead of a Tier I. SERCs, LEPCs and LFDs usually prefer the Tier II.

TOXIC CHEMICAL RELEASE INVENTORY REPORTING FOR OWNERS/OPERATORS OF CERTAIN MANUFACTURING FACILITIES (facilities in SIC Codes 20 through 39 that have 10 or more full-time employees, and that manufacture, import, process, or otherwise use a listed toxic chemical in excess of established threshold quantities):

Annually, on or before July 1, submit reports on the amounts of listed "toxic chemicals" released into the environment, either routinely or as a result of an accident, and information on source reduction and recycling activities. The report must reflect the preceding calendar year's releases to air, water, land, and/or POTWs, and transfers to off-site locations for proper treatment, storage, or disposal. The Toxic Chemical Release Inventory Reporting Form ("Form R") is used to report specific information. Chemicals and their threshold quantities are listed in 40 CFR 372.65(a).
Maintain records at the facility for 3 years from the date each report was submitted and have them readily available for inspection by EPA officials.

TOXIC CHEMICAL RELEASE INVENTORY REPORTING FOR SUPPLIERS OF MIXTURES AND TRADE NAME PRODUCTS CONTAINING ONE OR MORE OF THE LISTED TOXIC CHEMICALS:

Supplier notification (MSDSs) must be provided to each customer annually in writing and with the first shipment of each calendar year. If the MSDS is still current, the annual notice in years subsequent to the first year may refer to the MSDS by written letter.
Whenever suppliers' products contain newly listed toxic chemicals, suppliers must notify customers with the first shipment made during the next calendar year following EPA's final decision to add the chemical to the list.
Suppliers must send a new notice to customers within 30 days when they discover that their previous notification did not properly identify the listed toxic chemical(s) in the mixture, or correctly indicate their percentage by weight. Prior shipments to which the new notice applies must be identified.
Suppliers must send a revised notice to their customers when they change a mixture or trade name product by adding, removing, or changing the percentage by weight of a listed chemical. The notice must be sent with the first shipment of changed mixture or trade name product.
For 3 years, retain the following records: copies of notifications sent to customers, all supporting materials and documentation used to determine whether a notice was required, all supporting materials and documentation used to develop the notice, all supporting materials and documentation which explain why a specific chemical identity is considered a trade secret and why the generic chemical names provided in the notification are appropriate, and all supporting materials and documentation which explain why a specific concentration is considered a trade secret and the basis for the upper bound concentration limit.

Toxic Substances and Control Act

PREMANUFACTURE NOTICES:

At least 90 days prior to manufacture or importation of a "new chemical substance" (not included on the TSCA Chemical Substance Inventory), submit premanufacture notice (PMN) to EPA. (EPA can be requested to determine whether the substance is already on the TSCA Chemical Substance Inventory - 1985 Edition and 1990 Supplement - which includes 68,000 chemicals, the identity of which nearly 5,500 are confidential.) Certain substances (e.g., pesticides, food) and activities (e.g., research and development, test market, low volume, polymer) are exempt from premanufacture notices. Specific contents required in PMN are indicated by TSCA.
Within 30 days of manufacture or importation, submit notice of commencement of manufacture or import (NOC) to EPA.
At least 90 days prior to manufacture or process of a chemical substance for a "significant new use" (per EPA significant new use rule - SNUR), submit significant new use notice.

FOR PCB TRANSFORMERS:

Register all PCB transformers, including those in storage for reuse, with EPA, National Program Chemicals Division, by December 28, 1998, or within 30 days of discovering a PCB transformer.
Register all PCB transformers located in a commercial building or within 30 meters of a commercial building, with the building owner by December 1, 1985.
Notify the National Response Center (1-800-424-8802) immediately when a PCB transformer is involved in a fire-related incident.
Retain inspection and maintenance records for at least 3 years after disposing of the PCB transformer.

FOR PCB SPILLS:

Within 24 hours of discovery of a PCB spill (with a concentration >50 ppm) contaminating surface waters, sewers, drinking water supplies, animal grazing lands, or vegetable gardens, report to appropriate EPA Regional Office (Pesticides and Toxic Substances Branch).
Within 24 hours, report to the appropriate EPA Regional Office spills of more than 1 pound of PCBs by weight contaminating areas other than those described above.
Maintain records of decontamination for PCB spill cleanup for 5 years from the date of the spill. Specific content required is dependent upon whether amount of PCB spilled was less than one pound, or equal to or greater than one pound.

PCB WASTE DISPOSAL FOR COMMERCIAL STORERS, TRANSPORTERS, AND DISPOSERS OF PCB WASTE:

Before engaging in PCB waste handling activities, notify EPA of your PCB waste activities by filing EPA Form 7710-53 "Notification of PCB Waste Activity Form" with EPA.
If you own/operate a PCB commercial storage or disposal facility, prepare a Certificate of Disposal for each shipment of manifested PCB waste accepted by the facility for disposal. The Certificate of Disposal must be sent to the generator of the PCB waste within 30 days of the date that the PCB waste was disposed by the facility. A disposal facility must retain a copy of the Certificate of Disposal for at least 3 years after the facility is no longer used for disposal. A generator must retain a copy of the Certificate of Disposal for at least 3 years after the generator ceases using or storing PCBs and PCB Items.
Commercial storers and disposers of PCB waste must submit an annual PCB report to the Regional Administrator of the EPA Region in which the facility is located by July 15 each year.

FOR GENERATORS OF PCB WASTE:

Notify EPA only if you own or operate facilities which: (1) are used for storage of PCB or PCB Items designated for disposal, or (2) use storage containers for liquid PCBs which are larger than shipping containers required by the U.S. Department of Transportation for liquid PCB transportation. Submit a separate notification to EPA for each storage facility, and EPA in return, will assign a unique EPA identification number to each facility.
Before sending PCB waste to a commercial off-site storage or disposal facility, prepare a Uniform Hazardous Waste Manifest (EPA Form 8700-22) and a continuation sheet if necessary. Each manifest signed by the commercial storer or disposer must be kept for a minimum of three years from the date the PCB waste was accepted by the initial transporter. The owner or operator of a PCB commercial storage or disposal facility must keep a copy of each signed manifest for a minimum of three years from the date the facility received the off-site shipment of PCB waste.
If your facility does not receive a signed manifest from the storage or disposal facility within 35 days after the transporter accepted the PCB waste, contact the disposer or commercial storer to determine whether the waste has been received. If the waste has not been received, contact the transporter to determine the disposition of the PCB waste. If you have not received a manifest within 10 days from the date of contact, submit an exception report to the EPA Regional Administrator for the Region in which the generator is located.
Prepare an annual document log and maintain it at the facility for a minimum of 3 years after the facility ceases to use or store PCBs or PCB Items.

FOR MANUFACTURERS, IMPORTERS, AND PROCESSORS OF CHEMICAL SUBSTANCES:

Under the Preliminary Assessment Information Rule (PAIR), report on each chemical substance (using the PAIR form, EPA Form 7710-35, "Manufacturer's Report-Preliminary Assessment Information") that is manufactured or imported for commercial purposes during the reporting period established for that substance. Processors are exempt from reporting under PAIR, as are certain manufacturers and importers if specifically exempted. Chemicals subject to reporting are listed in 40 CFR 712.30.
Under the Inventory Update Rule, if you manufactured or imported 10,000 pounds or more of any chemical substance listed on the TSCA Chemical Substance Inventory at any single site during the latest corporate fiscal year prior to August 25, 1990, submit TSCA inventory update information to EPA every four years (after the reporting periods from August 25 to December 23, 1990). The update information may be provided in writing on EPA Form 7740-8 "Partial Updating of TSCA Inventory Database Production and Site Report", or it may be provided on computer tape. Certain manufacturers or importers are specifically exempted from this requirement. Respondents must retain relevant records for four years from the effective date of the reporting period. Also, volume records must be maintained for four years on substances manufactured or imported in amounts less than 10,000 pounds annually, as evidence to support a decision not to report.

MANUFACTURERS, PROCESSORS, AND DISTRIBUTORS RECEIVING ALLEGATIONS OF SIGNIFICANT ADVERSE REACTIONS FROM CHEMICAL SUBSTANCES (RECORDS OF SIGNIFICANT ADVERSE REACTIONS):

Maintain records of "significant adverse reactions to health or the environment" alleged to have been caused by a chemical substance or mixture (unless the alleged cause can be directly attributed to an accidental spill or discharge), if the allegation is received on or after November 21, 1983. A "significant adverse reaction" is a reaction that may indicate a substantial impairment of normal activities, or long-lasting or irreversible damage to health or the environment.
Retain records of significant adverse reactions related to the health of employees, or arising from any employment related exposure for 30 years from the date such reactions were first reported, even if submitted by an organization on behalf of the employee. All other records of significant adverse reactions must be maintained for 5 years from the date such reactions were first reported.

FOR MANUFACTURERS (INCLUDING IMPORTERS) who fall within NAICS (North American Industry Classification System) Subsector 325 (Chemical Manufacturing and Allied Products) or Industry Group 32411 (Petroleum Refineries):

Under the Health and Safety Data Reporting Rule, provide unpublished health and safety lists or study submissions (dated since November 1, 1977) to EPA on or before the 60th day after the effective date of the listing of subject chemicals (40 CFR 76.20), or within 60 days of proposing to manufacture, import, or process a listed substance or mixture if the proposal is made after the effective date of the listing. Submit copies of any additional ongoing studies to EPA within 30 days of completion if the study was initiated during the initial 60-day reporting period.

FOR MANUFACTURERS, IMPORTERS, PROCESSORS, OR DISTRIBUTORS OF CHEMICAL SUBSTANCES/MIXTURES IN COMMERCE (SUBSTANTIAL RISK AND EMERGENCY INCIDENTS OF ENVIRONMENTAL CONTAMINATION NOTIFICATION):

Immediately inform EPA if you obtain information which reasonably supports the conclusion that a substance or mixture presents a substantial risk of injury to health or the environment, unless you know that the EPA Administrator has been adequately informed of such information. You must report in writing to EPA within 15 working days after obtaining substantial risk information, and within 15 working days after obtaining relevant or significant supplemental data after an initial submission of substantial risk information.
Immediately report by telephone to the appropriate EPA Regional Office of "Emergency Incidents of Environmental Contamination," an environmental contamination (accidental or intentional) involving a chemical known to be a serious human or environmental toxicant and which because of the extent, pattern, and amount of contamination (1) seriously threatens humans with cancer, birth defects, mutation, death, or serious or prolonged incapacitation (e.g., neurotoxicologic effects, serious reproductive system effects), or (2) seriously threatens non-human organisms with large-scale or ecologically significant population destruction. If the EPA Regional Office can not be notified, the National Response Center in Washington, D.C. at (800) 424-8802 or (202) 426-2675 should be notified. Within 15 working days of the date of the telephone reporting, a written follow-up report must be sent to EPA Headquarters.

FOR CHEMICAL IMPORTERS:

Certify at the port of entry for shipments entering commerce in the U.S. that either: (1) the shipment is subject to TSCA and complies with all applicable rules and orders thereunder, or (2) it is not subject to TSCA. Keep a copy of the certification, along with the other Customs entry documentation, for five years from the date of entry of the shipment.

FOR CHEMICAL EXPORTERS:

Follow reporting and recordkeeping requirements of Section 8 of TSCA, as described above. Provide a stamp or label stating that the substance, mixture, or article is intended for export to qualify for exemption from other certain TSCA requirements.
Notify EPA before making a shipment to a foreign country of any substance or mixture for which: (1) test data is required under Section 4 or 5(b); (2) an order has been issued under Section 5; (3) a rule has been proposed or issued under Section 5 or 6; or (4) an action is pending or relief has been granted under Section 5 or 7. EPA must then notify the government of the importing nation of such test data, rule, order, action, or relief.
Provide written notice for the first export or intended export to a foreign country in a calendar year to EPA for each regulated substance or mixture, under the original Export Notification Rule. Postmark the notice within 7 days of forming the intent to export or on the date of export, whichever is earlier. If the notice is prompted by the issuance of a proposed rule, you have 30 days after publication of the rule to submit the notice to EPA.
Submit a one-time notice to EPA for export of a Section 4 chemical substance or mixture to a foreign country by the exporter, instead of an annual notice, under the amended Export Notification Rule.

Federal Insecticide, Fungicide and Rodenticide Act

Obtain an applicator certification if you apply restricted use pesticides, or conduct pesticide applications under the supervision of a certified applicator. A list of restricted use pesticides is included in 29 CFR 152.175. Recertification must be completed every 3 years.
Firms employing certified commercial applicators must maintain at their principal place of business accurate records of the use of restricted use pesticides, for at least two years from the date of use of the pesticides. Records must provide:
- Name and address of the person for whom the pesticide was applied
- Location of the pesticide application
- Target pest(s)
- Specific commodity to which the pesticide was applied
- Year, month, day and time of application
- Trade name and EPA registration number of the pesticide applied
- Amount of pesticide applied and percentage of active ingredient per unit of the pesticide used
- Type and amount of the pesticide disposed of, method of disposal, date(s) of disposal, and location of the disposal site.

Last Updated October 26, 2007