40 C.F.R. § 355.40

What information must I provide?

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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.

Notes of Decisions

Cited in 2 cases, 1997–2003 · leading case: Sierra Club, Inc. v. Tyson Foods, Inc.

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Sierra Club, Inc. v. Tyson Foods, Inc. (2003) kywd · cites it 4× “§ 11004 (a); 40 C.F.R. § 355.40 (b)(1). The statute also requires a written follow-up emergency notice to the SERC and the LEPC “[a]s soon as practicable after a release.”

Neighbors for a Toxic Free Community v. Vulcan Materials Co. (1997) cod “” 40 C.F.R. § 355.40 (b)(4)(ii). Since the spill occurred after the tank car had been uncoupled, GATC cannot rely on EPCRA’s relaxed requirement for transportation-related releases.”

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