EH-413 Tree Logo EPCRA Instructions
for
Module 3:
 
Emergency Release		 Module 3 graphic
 
     
 
Instructions for: Step 1, Step 3, Step 4, Step 5, Step 6, Step 7, Step 8, Step 9, Step 10, Step 11, Step 12, Step 13, Step 14, Step 15, Step 16, and Step 17
  
 
 
 
Instructions for Step 1        Back to Step 1    GOTO: Top of Page
 
 
The Emergency Release Notification requirements require regulated facilities to provide designated emergency planning agencies with information about emergency and accidental releases of chemicals from the facility. Much of this information must be made available to the public upon request (EPCRA Section 324(a)). Although DOE facilities are to comply to the fullest degree possible with EPCRA, national security interests may, in some cases, prevent a facility from disclosing certain information.
 
There is no predictable reporting schedule for the emergency release notification requirements. They must be met immediately upon detection of a release. It is necessary to incorporate these requirements into the facilities procedures such that they are always accomplished when the situations arise.
 
A Release Response Plan may contain the names and phone numbers of each agency and individuals who must be contacted in the event of a release, the emergency procedures, public contacts at the facility, procedures for press releases, etc. The National Response Team (NRT) has produced various release response/planning guides including the Hazardous Materials Emergency Planning Guide (NRT-1) which may be of assistance in preparing a release response plan.
 
Any time an EHS or HS is released into the environment, it potentially needs to be reported. (40 CFR 355.40, CERCLA Section 103, 40 CFR 302)
 
A "release" is defined as "any spilling, leaking, pumping, pouring, emitting, emptying, discharging, infecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or CERCLA hazardous substance" (40 CFR 355.20).
 
The "environment " is defined to include "water, air, land, and the interrelationship which exists among and between water, air, land, and all living things." (40 CFR 355.20).
 
If the release is not an EHS or a HS, then no reporting is required under EPCRA.
 
 
 
Instructions for Step 3        Back to Step 3    GOTO: Top of Page
 
 
Releases which meet one of these exemptions do not need to be reported under EPCRA. (40 CFR 355.20, 355.40; CERCLA Section 101(10) and (22); CERCLA Section 103 (E))
 
As long as all of the EHS and HS released meet the exemption, no reporting of that release is required by EPCRA. For reference, definition of terms "federally permitted release," "continuous release," and "excluded releases " are included in Glossary for EPCRA.
 
 
 
Instructions for Step 4        Back to Step 4    GOTO: Top of Page
 
 
Check whether the names or CAS numbers of any released substance are on EPA's Extremely Hazardous Substances (EHS) list found in 40 CFR Part 355, Appendices A and B. If a mixture was released from the facility, the components of that mixture must be identified and compared with the EHS list, since the EHS list is set up by individual chemicals rather than mixtures of chemicals. (40 CFR 355.40, 302.6)
 
 
 
Instructions for Step 5        Back to Step 5    GOTO: Top of Page
 
 
A RQ is based on the quantity of chemical released within a 24 hour period. Most EHS have been assigned RQs by EPA. The ones that have not been assigned RQs by EPA have been given statutory RQs of one pound by Congress. The RQs for EHSs can be found for each EHS in 40 CFR 355 Appendices A and B in the column labeled "RQ".
 
 
 
Instructions for Step 6        Back to Step 6    GOTO: Top of Page
 
 
Check whether the names or CAS numbers for any released substance are on EPA's Hazardous Substance (HS) list found in 40 CFR 302.4. If a mixture was released from the facility, the components of that mixture must be identified and compared with the HS, since the HS list is generally set up by individual chemicals not mixtures of chemicals.
 
 
 
Instructions for Step 7        Back to Step 7    GOTO: Top of Page
 
 
Check whether the names or CAS numbers for any released substances are on EPA's CERCLA Hazardous Substance (HS) list found in 40 CFR 302.4. If a mixture was released from the facility, the components of that mixture must be identified and compared with the HS list, since the HS list is generally set up by individual chemicals not mixtures of chemicals.
 
 
 
Instructions for Step 8        Back to Step 8    GOTO: Top of Page
 
 
A RQ is based on the quantity of chemical released in a 24 hour period. The RQs for all Hss are listed in 40 CFR 302.4. This table has two columns of RQs, the Statutory RQ and the Final RQ. Use the weight in the Final RQ column for determining if you must report the release.
 
 
 
Instructions for Step 9        Back to Step 9    GOTO: Top of Page
 
 
If the release was not of an EHS or HS, or if it did not exceed a RQ, the release does not need to be reported under EPCRA.
 
 
 
Instructions for Step 10        Back to Step 10    GOTO: Top of Page
 
 
Notification to the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) does not need to be made for releases which only result in exposure to persons at the facility.
 
Note that if any of the EHS or HS pass the facility boundary, there is the potential for off-site exposure and the release must be reported. Also note that any quantity of EHS or HS passing the facility boundary is sufficient to make the exemption unapplicable; an entire RQ does not need to pass over the facility boundary.
 
 
 
Instructions for Step 11        Back to Step 11    GOTO: Top of Page
 
 
If none of the released chemicals were HSs, and the release did not result in exposure to persons off-site, the release does not need to be reported under EPCRA.
 
 
 
Instructions for Step 12        Back to Step 12    GOTO: Top of Page
 
 
Immediately report this release to the SERC and LEPC because this chemical is an EHS. Since the chemical is not listed as an HS, the release does not need to be reported to the National Response Center (NRC). Concurrently, implement any internal reporting requirements and/or state requirements.
 
This report to the SERC and LEPC shall include the following information to the extent known at the time of the notice and so long as no delay in notice or emergency response results:
 
  1. The chemical name or identity of any substance involved in the release,
     
  2. An indication of whether the substance is an EHS,
     
  3. An estimate of the quantity of any such substance that was released into the environment,
     
  4. The time and duration of the release,
     
  5. The medium or media into which the release occurred,
     
  6. Any know or anticipated acute or chronic health risks associated with the emergency and, when appropriate, advice regarding medical attention necessary for exposed individuals,
     
  7. Proper precautions to take as result of the release, including evacuation (unless such information is readily available to the community emergency coordination pursuant to the emergency plan), and
     
  8. The names and telephone number of the person or persons to be contacted for further information.
     
 
 
 
Instructions for Step 13        Back to Step 13    GOTO: Top of Page
 
 
As soon as practicable after the release which required an emergency release notification, the owner or operator must provide to the LEPC and SERC a written follow-up emergency notice which updates the information provided in the initial notification and includes additional information with respect to:
 
  1. Actions taken to respond to and contain the release,
     
  2. Any know or anticipated acute or chronic health risks associated with the release, and
     
  3. Where appropriate, advice regarding medical attention necessary for exposed individuals.

 
(NOTE: This follow-up notice should not be submitted to the NRC)
 
 
 
Instructions for Step 14        Back to Step 14    GOTO: Top of Page
 
 
Notification to the SERC and LEPC does not need to be made for releases which only result in exposure to persons on the facility. Notification to the National Response Center is still required if the released substance is a HS, even if the release did not result in exposure to persons off-site.
 
Note that if any of the EHS or HS pass the facility boundary, there is the potential for off-site exposure and the release must be reported. Also note that any quantity of EHS or HS passing the facility boundary is sufficient to make the exemption unapplicable; an entire RQ does not need to pass over the facility boundary.
 
 
 
Instructions for Step 15        Back to Step 15    GOTO: Top of Page
 
 
Immediately notify the National Response Center (NRC) at: (800) 424-8802. Be prepared to include the information outlined in Step 12 to the extent known at the time of notice and so long as no delay in notice or emergency response results. As appropriate, concurrently implement internal reporting requirements and/or state requirements.
 
 
 
Instructions for Step 16        Back to Step 16    GOTO: Top of Page
 
 
Immediately notify the National Response Center (NRC) at (800) 424 8802, the SERC and the LEPC(s). Be prepared to include the information outlined in Step 12 to the extent known at the time of the notice and so long as no delay in notice or emergency response results. As appropriate, concurrently implement internal reporting requirements and/or state requirements.
 
 
 
Instructions for Step 17        Back to Step 17    GOTO: Top of Page
 
 
As soon as practicable after the release which required an emergency release notification, the owner or operator must provide to the LEPC and SERC a written follow-up emergency notice which updates the information provided in the initial notification and includes additional information with respect to:
 
  1. Actions taken to respond to and contain the release,
     
  2. Any know or anticipated acute or chronic health risks associated with the release, and
     
  3. Where appropriate, advice regarding medical attention necessary for exposed individuals.

 
(NOTE: This follow-up notice should not be submitted to the NRC)
 
 
 
DOE Office of Environmental Policy and Guidance