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Current as of January 02, 2025 | Updated by Findlaw Staff
If the release of an EHS or CERCLA hazardous substance is continuous and stable in quantity and rate at your facility as defined in 40 CFR 302.8(b), then the release qualifies for reduced reporting requirements under this subpart. Under these reduced reporting requirements, you do not need to provide the notifications required under § 355.40. However, in addition to the notifications required under 40 CFR 302.8, you must make all of the following notifications to the community emergency coordinator for the LEPC for any area likely to be affected by the release and to the SERC of any State likely to be affected by the release:
(a) Initial notifications as specified in 40 CFR 302.8 (d) and (e).
(b) Notification of a “statistically significant increase,” defined in 40 CFR 302.8(b) as any increase above the upper bound of the reported normal range.
(c) Notification of a “new release” as specified in 40 CFR 302.8(g)(1).
(d) Notification of a change in the normal range of the release as specified under 40 CFR 302.8(g)(2).
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.355.32 Which emergency release notification requirements apply to continuous releases? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-355-32/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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