EPCRA Emergency Release Notifications
Emergency Planning and Community Right-to-Know Act Section 304
If a release of an Extremely Hazardous Substance is at or above its applicable Reportable Quantity, the facility must notify the State or Tribal Emergency Response Commission (SERC or TERC) and the Local or Tribal Emergency Planning Committee (LEPC or TEPC) for any area(s) likely to be affected by the release. If it is an accidental release of a hazardous substance listed under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the facility must notify the National Response Center, as well as the State or Tribal Emergency Response Commission (SERC or TERC) and the Local or Tribal Emergency Planning Committee (LEPC or TEPC).
- Find your State Emergency Release Contacts.
- The National Response Center can be reached at 1 (800) 424-8802 and in Washington, DC at (202) 267-2675.
The facility must also provide a detailed follow-up written report as soon as practicable after the release. State or Tribal Emergency Response Commissions (SERCs or TERCs) and Local or Tribal Emergency Planning Committees (LEPCs or TEPCs) are required to make these reports available to the public.
On this page:
- Reporting Requirements under CERCLA Section 103 and EPCRA Section 304
- What facilities are subject to the emergency release notification requirements?
- What chemicals are regulated?
- What are facilities required to do?
- What must be included in the emergency release notification?
- What is a follow-up written report?
- Where can I find more information on these requirements?
Reporting Requirements under CERCLA Section 103 and EPCRA Section 304
|
CERCLA Section 103 |
EPCRA Section 304 | |
|---|---|---|
| Citation | 40 CFR Part 302 40 U.S.C. 9603 |
40 CFR Part 355, Subpart C 42 U.S.C. 11004 |
| Definition of a Facility | A facility is defined in Section 101(9) of CERCLA as including any building, structure, installation, equipment, pipe or pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft on any site or area where a hazardous substance has been deposited, stored, disposed of or placed, or otherwise come to be located. | A facility is defined in Section 329(4) of EPCRA as all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites that are owned and controlled by the same person. |
| Relevant Chemical List | CERCLA hazardous substances (40 CFR 302.4) | CERCLA hazardous substances (40 CFR 302.4) and EPCRA Extremely Hazardous Substances (40 CFR 355, Appendices A and B) |
| Notification Requirements | National Response Center | State or Tribal Emergency Response Commission (SERC or TERC) and Local or Tribal Emergency Planning Committee (LEPC or TEPC) |
| Constituents of a Release | Any release of any CERCLA hazardous substance at or above its specified Reportable Quantity into the environment (on-site or off-site) | Any release of a CERCLA hazardous substance or Extremely Hazardous Substance at or above its specified Reportable Quantity with potential exposure to persons off-site |
What facilities and chemicals are regulated under the emergency release notification requirements?
Any facility that releases into the environment one of the listed types of chemicals in an amount equal to or greater than its Reportable Quantity as required by the Emergency Release Notification regulation (40 CFR Part 355, Subpart C).
What chemicals are regulated?
- Extremely Hazardous Substances - Appendix A and Appendix B to Part 355 (Emergency Planning and Notification, 40 CFR Part 355)
- CERCLA Hazardous Substances (Designation, Reportable Quantities, and Notification, 40 CFR Part 302)
What are facilities required to do?
- If a release of an Extremely Hazardous Substance or a CERCLA hazardous substance occurs, the facility must immediately notify the State or Tribal Emergency Response Commission (SERC or TERC) and the Local or Tribal Emergency Planning Committee (LEPC or TEPC) for any area(s) likely to be affected by the release. In addition, releases of CERCLA hazardous substances must also be reported to the National Response Center at 1 (800) 424-8802.
- Find your state emergency release contact information.
- Emergency notification requirements involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the local operator.
What must be included in the emergency release notification?
- The chemical name
- An indication of whether the substance is extremely hazardous
- An estimate of the quantity released into the environment
- The time and duration of the release
- Whether the release occurred into air, water, and/or land
- Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary, advice regarding medical attention for exposed individuals
- Proper precautions, such as evacuation or sheltering in place
- Name and telephone number of contact person
What is a follow-up written report?
A follow-up written report must be submitted to the State or Tribal Emergency Response Commission (SERC or TERC) and the Local or Tribal Emergency Planning Committee (LEPC or TEPC) as soon as practicable after the release. The follow-up written report must update information included in the initial notice and provide information on actual response actions taken and advice regarding medical attention necessary for citizens exposed.
Please check with your state for any additional reporting requirements.
Where can I find more information on these requirements?
For more information on emergency release notification requirements, see the Emergency Release Notification regulation (40 CFR Part 355, Subpart C).