|
COMPLIANCE SECTION
What is an RQ?
BACKGROUND
When Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in1980, part of what was included in the Act was a “Reportable Quantity” (RQ). An RQ is a threshold for a hazardoussubstance that, if exceeded, must be reported to various governmental agencies. The term “RQ” is often very confusingand much uncertainty exists whether a spill or release must be reported.
OVERVIEW
An RQ is defined as “the quantity of a hazardous substance that triggers reporting under CERCLA.” If the substance is released in amounts exceeding its RQ, the release must be reported to the National Response Center, the USEPA and State EPA, the State Emergency Response Commission (SERC), and the Local Emergency Planning Committee (LEPC) or possibly the Coast Guard or Army Corp of Engineers. In general, the State EPA or USEPA should be contacted if the incident involves a release to inland areas or inland waters, and the Coast Guard should be contacted for releases to the coastal waters, the Great Lakes, ports and harbors or the Mississippi River. A release of a hazardous substance can be a release to the air, water, storm water or ground. The RQ for a hazardous substance can vary from one pound to 5,000 pounds of a pure component released in a 24-hour period depending on the hazardous substance. In the case of oil reaching navigable waters or an adjoining shoreline, an RQ is exceeded if a sheen is produced on the navigable water. In some states, including Ohio and Kentucky, an RQ is exceeded if 25 gallons of oil is released to the ground.
The question that typically arises is how does a facility operator know whether a substance has an RQ? Is it one pound or 5,000 pounds? What if the hazardous substance is a mixture, then what is the RQ? What if the release is inside the building and contained? These are difficult questions and cannot be explained in a brief sentence or two. Typically, if a spill is contained inside, it is not reportable. There are, however, some exceptions. To determine the RQ of a substance, refer to the Material Safety Data Sheet (MSDS). If the MSDS is reasonably current, it will state the RQ in one of the sections dealing with reporting requirements or in the miscellaneous section. If need be, contact the manufacturer to obtain a current MSDS. In addition, the USEPA “list of lists” contains a listing by either Chemical Abstract Number (CAS) or chemical name of the hazardous substance and provides their RQs. It can be found at http://www.epa.gov/swercepp/p-gen.htm; click on “Title III List of Lists.”
There is a website (RQ-Calculator) that the Department of Energy – RCRA/CERCLA Division established to assist you in evaluating your release, RQ values and contact information. The website can be found at http://homer.ornl.gov/rq/. You can also refer to 40 CFR 355, which contains the federal regulations for determining if a release exceeds an RQ and needs to be reported.
SUMMARY
Determining an RQ can be difficult at times and determining if a release is reportable also can be confusing. For more information about RQ determination, please contact Tony Domanico or Emily Rynders at (513) 489-2255 or by e-mail at aid@paynefirm.com or ear@paynefirm.com. You may visit us at our web site at www.paynefirm.com.
©2002 The Payne Firm, Inc. All rights reserved. Environmental Edge may not be reproduced in any form without written permission.
|
|
