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Sections 302, 303, 304, 325, 327, 328, and 329 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049).
73 FR 65462, Nov. 3, 2008, unless otherwise noted.
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Subscribe to: 40 CFR Part 355 Subpart C - How To Comply
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You must make two separate notifications to comply with the emergency release notification requirements of this subpart: an immediate notification, and as soon as practicable thereafter a written follow-up emergency notification (or notifications, as more information becomes available).
(a) Immediate notification. The notice required under this section shall include as much of the following information known at the time. However, the retrieval of this information should not cause a delay in the notification on the emergency response.
(1) The chemical name or identity of any substance involved in the release.
(2) Indicate whether the substance is an EHS.
(3) Provide an estimate of the quantity of any such substance that was released into the environment.
(4) State the time and duration of the release.
(5) The medium or media into which the release occurred.
(6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.
(7) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan).
(8) The name and telephone number of the individual (or individuals) to be contacted for further information.
(b) Written follow-up emergency notification. Except for releases that occur during transportation or from storage incident to transportation, you must provide a written follow-up emergency notice (or notices, as more information becomes available), as soon as practicable after the release. In the written follow-up emergency notice, you must provide and update the information required in the immediate notification and include additional information with respect to all of the following:
(1) Actions taken to respond and contain the release.
(2) Any known or anticipated acute or chronic health risks associated with the release.
(3) Where appropriate, advice regarding medical attention necessary for exposed individuals.
(c) You are not required to submit a written follow-up notification for a release that occurred during transportation or from storage incident to transportation. See § 355.42(b) for requirements for reporting such releases.
The immediate notification, described in § 355.40(a), should be oral. The follow-up emergency notification, described in § 355.40(b), shall be in writing. EPA does not specify a particular format for the written follow-up emergency notification.
The SERC and LEPC may request a specific format for this information.
[73 FR 65462, Nov. 3, 2008, as amended at 85 FR 44772, July 24, 2020]
(a) You must provide the immediate emergency release notification information and the written follow-up notification to:
(1) The community emergency coordinator for the LEPC of any area likely to be affected by the release (if there is no LEPC, notify the relevant local emergency response personnel); and
(2) The SERC of any State likely to be affected by the release.
(b) For a release that occurs during transportation or from storage incident to transportation, you may meet the requirements of this subpart by notifying the 911 operator (or in the absence of a 911 emergency telephone number, the operator) of the immediate notification information listed in § 355.40(a). You are not required under this subpart to submit a written follow-up notification, as described in § 355.40(b), for such a release.
(a) You must provide the required emergency release notification information described under § 355.40(a), immediately.
(b) You must provide the written follow-up emergency notice (or notices, as more information becomes available) described under § 355.40(b), as soon as practicable after the release.