On July 13, 2010, EPA published in the Federal Register (75 FR 39852) guidance on reporting options for sections 311 and 312, and interpretations. The emergency release notification in 40 CFR 55.40 states that a written follow-up report must be provided by the facility “as soon as practicable” after a release. EPA has decided that 30 days should be sufficient to submit the written follow-up notice of the emergency release to the SERC and LEPC.

Under SARA Title III section 311(e)(2), “any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use” is exempt from the definition of hazardous chemical and therefore need not be reported under sections 311 and 312.

Under EPA’s new interpretation, facilities will only have to include and count the amount of fume or dust emitted or released from a manufactured solid that is being modified to determine if the SARA Title III sections 311 and 312 reporting thresholds have been reached. This interpretation applies to metal, bricks, and any other manufactured solid item that undergoes a modification process. It does not apply to lead in batteries.

This guidance also included an option for states to use the section 312 reporting to fulfill the reporting requirements under section 311.