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Skip Navigation LinksDNREC : State Emergency Response Commission : Services : Emergency Release Notification (EPCRA Section 304)

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 Emergency Release Notification (EPCRA Section 304)

Emergency Planning and Community Right-to-Know


This summary is to provide an introduction to EPCRA related responsibilities for Delaware businesses but does not attempt to fully explain all aspects of the applicable laws and regulations; the actual Federal and State regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.


Poultry Grower Releases Compliance Assistance

*** In addition to release notification requirements under EPCRA Section 304, Delaware has it's own release reporting regulation titled the "Regulation for the Reporting of a Discharge of a Pollutant or an Air Contaminant". Since this regulation is established pursuant to 7 Del. C., Section 6028, it is typically referred to as "Regulation 6028". The requirements under Regulation 6028 are not identical to those of EPCRA Section 304. For example, the lists of substances and the reportable quantities, given in alphabetical order and CAS number order, are not same. Both regulations must be consulted.

What is an emergency release?
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment of or discarding of barrels, containers, and other closed receptacles) of any listed substance that exceeds the reportable quantity is considered an emergency release.

What chemicals and amounts are covered?
There are several lists of chemicals covered by this requirement:
  • EXTREMELY HAZARDOUS SUBSTANCES A list of over 360 substances identified under Federal EPCRA.

    List of Extremely Hazardous Substances
    [Alphabetical Order] [CAS Number Order]

  • HAZARDOUS SUBSTANCES A list of substances identified under the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

    Designation of CERCLA Hazardous Substances
    (includes CERCLA Reportable Substances and RQs)

*** The Delaware regulation "Reporting of a Discharge of a Pollutant or an Air Contaminant" (Regulation 6028) also contains a list of regulated substances in alphabetical order and CAS number order. (NOTE: These documents are in .pdf format. You must have the Adobe® Acrobat® Reader to view the documents, or you can contact the Delaware Accidental Release Prevention Program at (302) 739-9405 for a copy.)

For each listed substance, a Reportable Quantity (RQ) is identified. Although steps are being taken to establish uniformity between these lists, each list must be consulted to determine if a substance is reportable.

Who should report and how?
Any facility or transporter that has an emergency release must report the release. Both initial and follow-up reporting are required.

How is initial notification to be made?
Under the Federal EPCRA requirements, immediate notifications for covered releases must be made to the SERC and the Community Emergency Coordinator for the LEPC. If a facility is located such that a release is likely to affect more than one SERC and/or LEPC jurisdiction, the facility must provide the required notification to each of the SERCs and each of the LEPCs for areas likely to be affected by the release. Per Delaware Code, notifications to the Delaware SERC are fulfilled by notifying the Department of Natural Resources and Environmental Control (DNREC). The number for notifying DNREC is 1-800-662-8802. Concerning notifications to Community Emergency Coordinators for Delaware LEPCs, Delaware Code previously directed this requirement to be fulfilled by notifying 911. With passage of legislation in 2003, this was changed. For notifications to LEPC Community Emergency Coordinators in Delaware, a central phone number was established. The number is 1-866-274-0884. After dialing this number, callers will be prompted to select from Delaware's 4 LEPCs. They will then be connected to a voice mailbox from the selected LEPC, and will be prompted to leave the required notification information.

Facilities are reminded that if emergency assistance is needed, they must also contact 911. Notification to the phone number for LEPC Community Emergency Coordinators serves to fulfill the Federal EPCRA requirements, and will not result in an immediate response to the facility. Facilities are also reminded that most releases also require notification to the National Response Center at 1-800-424-8802.

It should be noted that Federal EPCRA has different requirements for transportation-related releases. Emergency notification requirements involving transportation incidents (not at fixed facilities) can be met by dialing 911, rather than notifying the SERC and LEPC Community Emergency Coordinators.

For Releases at Fixed Facilities: For Transportation Releases (not at fixed facilities):

  • DNREC at 1-800-662-8802 (also serves as Delaware SERC notification)

  • National Response Center at 1-800-424-8802

  • LEPC Community Emergency Coordinator(s) at 1-866-274-0884 (notify each LEPC affected)

  • * Although not required for notification, don't forget to call 911 if emergency assistance is needed.


  • 911 (in lieu of SERC and LEPC)

  • DNREC at 1-800-662-8802

  • National Response Center at 1-800-424-8802


What information must be included in initial notification?
Initial Notifications must include:
  • The chemical name or identity of any substance involved in the release.
  • Location of the release.
  • An indication of whether the substance is on the extremely hazardous substance list.
  • An estimate of the quantity of any such substance that was released into the environment.
  • The time and duration of the release.
  • The medium or media into which the release occurred.
  • Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.
  • Proper precautions to take as a result of the release, including evacuation.
  • The names and telephone number of the person or persons to be contacted for further information.
How is follow-up notification to be made?
Under the Federal EPCRA requirements, a written follow-up emergency notice (or notices, as more information becomes available) must be submitted as soon as practicable after a reportable release. These written follow-up reports must be submitted to the appropriate LEPC(s) and to the SERC. Web pages with addresses for the LEPCs are available on the Delaware EPCRA web site at http://www.dnrec.delaware.gov/serc. As specified in Delaware Code, submission to the SERC is fulfilled by sending reports to DNREC. A central repository for written follow-up reports has been established within DNREC, along with a specific address for submissions. The Federal EPCRA regulation, listing those items required to be provided with initial notifications and written follow-up reports, is available at http://www.gpoaccess.gov/cfr/index.html.

For Releases at Fixed Facilities: For Transportation Releases (not at fixed facilities):

DNREC (also serves as Delaware SERC):

DNREC/DAWM Central Repository
Attn: Written Release Reports
89 Kings Highway
Dover, DE 19901

LEPC (send to each LEPC affected):

See the following Web site for LEPC addresses:
http://www.dnrec.delaware.gov/serc

DNREC (also serves as Delaware SERC):

DNREC/Division of Waste and Hazardous Substances
Attn: Central Repository, Written Release Reports
89 Kings Highway
Dover, DE 19901

 


What information must be included in follow-up notification?
Follow-up Notifications must include:
  • An update of any information given in initial notification.
  • Actions taken to respond to and contain the release.
  • Any known or anticipated acute or chronic health risks associated with the release.
  • Advice regarding medical attention necessary for exposed individuals.
  • * Several additional items are required to fulfill the Delaware "Regulation 6028" requirements. Use the report form available at the following Web site to fulfill both the Federal and State requirements: http://apps.dnrec.state.de.us/derns/pub/
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