Provisions of Section 304 of the federal law, "Superfund Amendments and Reauthorization Act of 1986" (SARA), require immediate local notification when an accidental or unplanned release of a hazardous substance occurs. The federal law specifies what information must be included for complete notification. It is the same information local emergency responders (fire fighters, emergency medical services, etc.) need to initiate an effective response. However, when a release creates an immediate threat to life or the environment, notification should not to be delayed if all required information is not readily available. Under such circumstances, an initial (e.g., partial) notice is preferable to delay while waiting to assemble all the required information. As soon as practical after an initial notice, all required information must be assembled and transmitted.
In addition to local emergency responders, notification must also be provided immediately to: the community/county emergency coordinator for any area likely to be affected by the release; the emergency management agency for any state likely to be affected by the release; and the National Response Center (NRC). In Kansas, the county emergency coordinator receives the notification for the Local Emergency Planning Committee (LEPC), and the Division of Emergency Management (KDEM) receives the notification for the State Emergency Response Commission (SERC), now known as the Commission on Emergency Planning and Response (CEPR) in Kansas.
KDEM receives notification 24 hours per day, including holidays and weekends, via telephone number (785) 296-8013. During weekdays (excluding holidays), 7:30 a.m. to 4:30 p.m., "Form A" notifications may be transmitted to the KDEM via FAX number (785) 274-1426. The National Response Center (NRC) receives notification 24-hours per day, including holidays and weekends, via telephone number 1-800-424-8802.
The owner or operator of the facility (factory, plant, building, etc.) where a release occurs is responsible for providing notification to the recipients described above. However, when a release occurs while a hazardous substance is being transported by commercial carrier (motor, rail, etc.,) notification is initiated by dialing 911. The receiving 911 center is responsible for forwarding the notification to the recipients described above.
The information required includes: identification of the substance [chemical name, Chemical Abstract Service Number (CAS Number)]; location of the release; time the release started; duration (if the release has stopped); estimate of the quantity of the substance released into the environment; medium (or media) of the environment receiving the release (soil, water, air, pavement, etc.); known or anticipated acute or chronic health risks associated with the release; when appropriate, advice regarding medical attention for treatment of exposed individuals; precautions to be taken, including evacuation and other considerations; and the name and telephone number of contact for further information. The Division of Emergency Management Form A, Hazardous Materials Incidents / Accidents / Continuous Releases, provides a means for organizing, recording and reporting this information.
The information outlined above, plus meteorological conditions at the site of the spill and subsequent response actions must be documented in a spill report, which must be submitted to the county emergency coordinator and KDEM not later than 24 hours after the release started. The Division of Emergency Management Form A may be used as the format for the spill report.
The notification procedures outlined above apply not only to releases regulated by SARA, Title III, but also to releases regulated by related federal legislation such as the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), the Resource Conservation and Recovery Act of 1986 (RCRA), the Oil Pollution Act of 1990 (OPA) and the Clean Air Act of 1990 (CAA). Each federal law identifies the substances and the reporting quantity (RQ), which require initiation of the notification procedures outlined above.
