scope:

This document, prepared by the API SARA Title III Production Issues Group, has been developed to provide the oil and gas production industry guidance on reporting releases of hazardous substances into the environment as required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (SARA) including EPCRA (the Emergency Planning and Community Right to Know Act), and the Clean Water Act (CWA). The scope of this document only covers federal requirements for release reporting under CERCLA, SARA, and the CWA. There are other federal, state, and local laws which also have spill or release reporting requirements. It is important to understand that compliance with federal reporting requirements does not necessarily satisfy state or local reporting requirements and vice versa.

The scope of this document covers the reporting of what most in the industry consider "emergency" releases which are unplanned and typically not covered under a permit issued by a government agency. These releases may be to the air, to the ground (and potentially groundwater), to a stormwater drainage system, to a waste water system which discharges into a publicly owned treatment works, to navigable waters or any other body of water. This document addresses permit exceedances only to the extent that the exceedances are in excess of an established reportable quantity. Releases which exceed permit stipulations, but not an established reportable quantity, may be reportable under other government regulations outside the scope of CERCLA, SARA, and the CWA.

In preparing the document, the SARA Title III Production Issues Group recognized the complexity of the reporting requirements and chose a format to help the user through the various steps associated with deciding what and when to report. The heart of the document is Section 3 which consists of several flowcharts that address the numerous exemptions and requirements of the regulations. The flowcharts were developed with the understanding that the user would have some basic knowledge of the various reporting requirements.

The flowcharts are supported by text (Sections 4, 5, and 6) designed to provide the user with additional insight into the specific questions addressed within the flowcharts. For example, the SARA Title III Section 302 flowchart asks the specific question "does the facility have an extremely hazardous substance on site". The text of the document provides specific guidance on 1) what is considered a facility and 2) what chemicals are considered to be extremely hazardous substances. Section 7 consists of 10 examples of potentially reportable releases which may happen in oil and gas production operations and shows the user of the document how the flowcharts and text are applied to develop an answer on whether or not an event is reportable.

The document is not meant to be a substitute for legal advice provided by an attorney. Individuals and organizations using this guidance document are cautioned that requirements of federal, state, and local regulations are constantly evolving and should be reviewed periodically to assure that a company's practices are consistent with current laws and regulations.

This publication is under the jurisdiction of the API Production Department Committee on Environmental Conservation. The API makes no representations, warranty, or guarantee in connection with this document and hereby expressly disclaims any liability or responsibility for loss or damage resulting from its use.