Emergency Planning and Community Right-to-Know Act - Emergency Release Notification (Section 304)

Emergency Release Notification (Section 304)

A facility may be subject to these reporting requirements even if it is not subject to the provisions of Sections 301-303. This section applies to any facility which stores, produces or uses a "hazardous chemical" (any chemical which is a physical hazard or a health hazard) and releases a reportable quantity (RQ) of a substance contained in either of the following two tables published by the EPA in the Code of Federal Regulations:

• list of extremely hazardous substances; and
• list of CERCLA hazardous substances.

The RQ is the critical number that determines if a release must be reported. This is a number expressed in pounds that is assigned to each chemical in the above-mentioned tables. If the amount of a chemical released to the environment exceeds the reportable quantity, the facility must immediately report the release to the appropriate LEPC and SERC and provide a written follow-up as soon as practicable. Immediate notification must include the following:

• The name of the chemical;
• The location of the release;
• Whether the chemical is on the "extremely hazardous" list;
• How much of the substance has been released;
• The time and duration of the incident;
• Whether the chemical was released into the air, water, or soil, or some combination of the three;
• Known or anticipated health risks and necessary medical attention;
• Proper precautions, such as evacuation; and
• A contact person at the facility.

In addition to immediate notification, facilities are required to provide a follow-up report, in writing, "update(ing) the original notification, provid(ing) additional information on response actions taken, known or anticipated health risks, and, if appropriate, advice regarding any medical care needed by exposure victims." Failure to notify the proper authorities may result in civil penalties of up to $25,000 per day for each day of non-compliance and criminal penalties of up to $25,000 in fines and prison sentences of up to two years.

Of course there are exceptions. A release which results in exposure to persons solely within the facility boundary or is a federally permitted release does not have to be reported. Also, continuous pesticide and radionuclide releases meeting specified conditions are exempt.