The Emergency Planning and Community Right-to-Know Act (EPCRA) is a crucial piece of legislation in the United States designed to enhance community safety by ensuring transparency and preparedness for chemical emergencies. A key component of EPCRA is Section 304, which mandates specific reporting requirements for facilities dealing with hazardous substances. But What Is A 304 in the context of environmental regulations? Simply put, EPCRA Section 304 outlines the emergency release notification requirements for hazardous substances. This means that if a facility experiences a release of certain hazardous chemicals above a defined threshold, they are legally obligated to promptly notify designated authorities.
Decoding Section 304: Emergency Release Notification Explained
Section 304 of EPCRA is all about ensuring that communities and emergency responders are quickly informed about chemical releases that could pose a threat to public health and the environment. Let’s break down the key elements of these emergency release notification requirements:
Who Needs to Report?
The responsibility for reporting under Section 304 falls on facilities that handle, store, or process hazardous chemicals. Specifically, this applies to facilities that have Extremely Hazardous Substances (EHS) or hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The definition of a “facility” under EPCRA is broad, encompassing buildings, equipment, structures, and other stationary items at a single site or contiguous sites under common ownership and control.
What Substances are Covered?
Section 304 applies to two main categories of hazardous substances:
- Extremely Hazardous Substances (EHS): These substances are listed in EPCRA and are deemed to pose significant risks due to their toxicity, reactivity, or flammability.
- CERCLA Hazardous Substances: These are substances listed under CERCLA, also known as Superfund, which aims to clean up contaminated sites.
Both lists are extensive and facilities need to be aware of the specific chemicals they handle that fall under these categories.
When to Report?
Notification is required when a release of an EHS or a CERCLA hazardous substance occurs at or above its Reportable Quantity (RQ). The RQ is a threshold quantity established for each substance. If a release equals or exceeds the RQ within a 24-hour period, the reporting obligations under Section 304 are triggered. It’s important to note that this applies to releases into the environment that have the potential to expose people off-site.
Who to Notify?
When a reportable release occurs, facilities must immediately notify the following entities:
- State Emergency Response Commission (SERC) or Tribal Emergency Response Commission (TERC): These are state or tribal bodies responsible for coordinating emergency response activities.
- Local Emergency Planning Committee (LEPC) or Tribal Emergency Planning Committee (TEPC): These local or tribal committees are responsible for emergency planning within their communities.
- National Response Center (NRC): In addition to SERCs/TERCs and LEPCs/TEPCs, releases of CERCLA hazardous substances must also be reported to the NRC, a federal point of contact for pollution incident reporting.
Key Differences: CERCLA Section 103 vs. EPCRA Section 304
While both CERCLA Section 103 and EPCRA Section 304 deal with reporting releases of hazardous substances, there are key distinctions. CERCLA Section 103 requires notification to the National Response Center for releases of CERCLA hazardous substances, regardless of off-site impact. EPCRA Section 304, on the other hand, focuses on emergency planning and community right-to-know, requiring notification to state and local emergency planning bodies (SERCs/TERCs and LEPCs/TEPCs) when releases of either CERCLA hazardous substances or Extremely Hazardous Substances have the potential to affect the community off-site. The table above from the EPA provides a clear comparison.
Information Required in an Emergency Release Notification
The initial notification, whether verbal or written, must include specific details to enable informed emergency response. This information includes:
- Chemical name(s) of the released substance(s).
- Whether the substance is classified as extremely hazardous.
- An estimate of the quantity of the release.
- The time and duration of the release.
- The medium or media into which the release occurred (i.e., air, water, and/or land).
- Information on any known or anticipated acute or chronic health risks associated with the release, and guidance on medical attention if necessary.
- Recommendations for precautionary measures, such as evacuation or sheltering in place.
- The name and contact number of a person at the facility who can be contacted for further information.
The Follow-Up Written Report
Following the initial notification, facilities are required to submit a written follow-up report to the SERC/TERC and LEPC/TEPC as soon as practicable. This report should update the information provided in the initial notice, detail the actions taken in response to the release, and provide any further advice regarding medical attention needed for exposed individuals.
Conclusion
Understanding what is a 304 in EPCRA is crucial for facilities handling hazardous materials. Section 304 emergency release notification requirements are essential for protecting communities and the environment by ensuring rapid communication and coordinated responses to chemical emergencies. By adhering to these regulations, facilities play a vital role in minimizing the potential impact of accidental releases and upholding the principles of community right-to-know.
