ENVIRONMENTAL GUIDANCE DOCUMENT: RELEASE REPORTING FOR THE OIL AND GAS EXPLORATION AND PRODUCTION INDUSTRY AS REQUIRED BY THE CLEAN WATER ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AND THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
American Petroleum Institute
1 OVERVIEW OF RELEVANT STATUTES
1.1 Clean Water Act
1.2 The Comprehensive Environmental Response Compensation
and Liability Act (CERCLA or Superfund)
1.3 Emergency Planning and Community Right-to-Know Act
(EPCRA)
2 OVERVIEW OF GOVERNMENT AGENCIES
2.1 National Response Center
2.2 The State Emergency Response Commission or SERC
2.3 The Local Emergency Planning Committee or LEPC
3 RELEASE REPORTING FLOWCHARTS
4 REPORTING REQUIREMENTS UNDER THE CLEAN WATER ACT (CWA)
4.1 General Requirements
4.2 Scope of the Discharge Reporting Requirement
4.3 Definition of "Navigable Waters of the United States"
4.4 Definition of "Hazardous Substance" and "Harmful
Quantity"
4.5 Procedures for Reporting to the NRC
4.6 Procedures for Reporting to the Regional Administrator
of the EPA
4.7 Enforcement
5 REPORTING REQUIREMENTS UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE COMPENSATION AND LIABILITY ACT (CERCLA)
5.1 General Requirements
5.2 Definition of Hazardous Substance
5.3 Petroleum Exclusion
5.4 Exploration and Production Waste Exemption
5.5 Definition of Reportable Quantity
5.6 Definition of Reportable Release
5.7 Period of Release
5.8 Mixtures of Hazardous Substances
5.9 Determining the RQ for Waste Streams
5.10 Definition of Facility
5.11 Releases into the Environment
5.12 Workplace Exclusion
5.13 "Immediate" Notice
5.14 Mechanics Of CERCLA Notification
5.15 Reporting "Continuous Releases"
5.16 "Federally Permitted" Releases
5.17 Enforcement Provisions
6 REPORTING REQUIREMENTS UNDER THE EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
6.1 Key Definitions for EPCRA Programs
6.2 Transportation Exclusion
6.3 The CERCLA Petroleum Exclusion and EPCRA
6.4 Elements of Section 304 Reporting Requirements
6.5 Mechanics of Notification
6.6 Section 302 Notification
6.7 Hazardous Chemical Reporting (Sections 311 and 312)
6.8 Enforcement
6.9 Citizen Suits
7 RELEASE REPORTING EXAMPLES
APPENDIX A THRESHOLD PLANNING QUANTITIES (TPQS) AND REPORTABLE
QUANTITIES (RQS) FOR COMMON OIL FIELD CHEMICALS
(CURRENT AS OF THE DATE OF PUBLICATION)
APPENDIX B WHAT INFORMATION TO REPORT TO THE NATIONAL RESPONSE
CENTER
APPENDIX C ADDRESSES AND TELEPHONE NUMBERS OF COAST GUARD
DISTRICT OFFICES AND EPA REGIONAL OFFICES
APPENDIX D EXEMPT AND NONEXEMPT EXPLORATION AND PRODUCTION WASTE
APPENDIX E EPA GUIDANCE DOCUMENTS ON FEDERALLY PERMITTED
RELEASES TO AIR "GUIDANCE ON THE CERCLA SECTION
101(10)(H) FEDERALLY PERMITTED RELEASE DEFINITION FOR
CERTAIN AIR EMISSIONS," 67 FED. REG. 18, 899 (APRIL
17, 2002)
"GUIDANCE ON THE CERCLA SECTION 101(10)(H) FEDERALLY
PERMITTED RELEASE DEFINITION FOR CLEAN AIR ACT
"'GRANDFATHERED' SOURCES," 67 FED. REG. 19, 750
(APRIL 23, 2002)
APPENDIX F OCTOBER 25, 1990, LETTER FROM JIM MAKRIS, EPA,
CLARIFYING THE APPLICABILITY OF THE DEFINITION OF
"FACILITY" TO SUBSURFACE OPERATIONS
API PUBLICATIONS, BULL. E1 SECOND EDITION P.75
APPENDIX G API CORRESPONDENCE WITH THE EPA REGARDING EPCRA
SECTION 311 AND 312 REPORTING REQUIREMENTS FOR THE
E&P INDUSTRY
BULLETIN E1: 3 LETTERS PP. 71 - 74
APPENDIX H GENERIC TIER TWO INVENTORY OF HAZARDOUS CHEMICAL
CATEGORIES FOR THE OIL AND GAS EXPLORATION AND
PRODUCTION INDUSTRY AND GENERIC LIST OF
HAZARDOUS CHEMICAL CATEGORIES FOR THE OIL AND GAS
EXPLORATION AND PRODUCTION INDUSTRY
Provides guidance to the oil and gas production industry on reporting releases of hazardous substances and petroleum to water as required by the Clean Water Act (CWA) and reporting releases of hazardous substances into the environment as required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA). Only covers federal requirements for release reporting under the CWA, CERCLA and EPCRA. Covers the reporting of what most in the industry consider "emergency" releases, which are unplanned and typically are not covered under a permit issued by a government agency.
| Document Type | Standard |
| Status | Current |
| Publisher | American Petroleum Institute |
