EPCRA Emergency Release Notifications

I am on a quest to demystify the requirements of the Emergency Planning and Community Right to Know (EPCRA) regulation.  In the previous post I discussed the requirements of EPCRA Emergency Planning, today I am focusing on EPCRA emergency release notification.  EPCRA standards require the reporting of  a release of any Environmental Hazardous Substance (EHS) at or above the reportable quantity (RQ) to at least two organizations:

1. State Emergency Response Commission (SERC)
2. Local Emergency Planning Committee (LEPC)

In the event a release crosses a state boundary or areas over which differing LEPCs have jurisdiction, then those agencies must also be notified.   The immediate or initial notification is oral should include the identity and quantity of the material, the media to which it was released, and any health hazards that may result from exposure to the material—having access to a Material Safety Data Sheet (or Safety Data Sheet) is invaluable when reporting releases.  The follow up notification must be in writing, while EPA does not have a designated format many LEPCs do.  Initial notification is required immediately (i.e. upon discovery of a release the meets or exceed the RQ) and written notification is requires as soon as practical.

This is where EPCRA and the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA) intersect; however I will limit this discussion to include only the impacts of CERLCA on emergency release notifications.   CERLCA also identifies RQs for a list of chemicals called hazardous substances, similar to the EPCRA EHSs these quantities are also used to determine when a release needs to be reported.   If a chemical is both and EHS as defined by EPCRA and a hazardous substance as defined by CERLCA then a notification must also be made by telephone (800-424-8802) to the National Response Center (NRC) in addition to the LEPC and SERC.   I will delve further into CERLCA requirements in a later post but keep in mind a few tips on reporting:

• Include release reporting requirements, SERC, LEPC and NRC phone numbers in your facility’s Emergency Response or Contingency Plan–this  provides easy access to the information when needed.
• Become familiar with the reporting exemptions found in 40 CFR 355.31.

Want to take a deeper dive into these requirements?  Following  are more resources on EPCRAs Emergency Release Notification Requirements:

EPCRA Release Notification Website
RCRA, Superfund & EPCRA Hotline Training Module

Have other resources you’d like to share?  Leave a comment below.