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Are pipelines, barges, and vessels subject to release notification?

Do the Section 304 release notification requirements apply to pipelines, barges, and other vessels as well as to other transportation facilities?

Title III (Section 327) does not apply to the transportation of any substance or chemical including transportation by pipeline, except as provided in Section 304.  Section 304 requires notification from facilities of releases of extremely hazardous substances and CERCLA hazardous substances.  Section 327 exempts only hazardous substances from reporting and does not otherwise exempt the facility from Title III.  

The word "facility" is defined in Section 329 to mean stationary items, which would include pipelines.  The definition also includes, for purposes of Section 304, motor vehicles, rolling stock, and aircraft.  Because barges and other vessels are not included in the definition of "facility", they are not subject to Section 304 reporting requirements.

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Topic Information
  • Topic #: 23002-14006
  • Date Created: 7/17/2009
  • Last Modified Since: 9/29/2014
  • Viewed: 8135

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