EPCRA Section 304 Emergency Release Notification Requirements

Under Section 304 of the Emergency Planning and Community Right-to-Know Act, a facility that releases a listed hazardous chemical into the environment at or above its Reportable Quantity in any 24-hour period must immediately alert state and local emergency authorities by phone, then send a written follow-up report. The EPCRA Section 304 emergency release notification requirements cover which chemicals count, who gets the call, how fast it has to happen, what information the call must include, and what a written follow-up has to add. Missing the notification exposes the facility to civil penalties that scale by the day and, in willful cases, to criminal prosecution.

When a Release Is Reportable

A release triggers Section 304 when the amount discharged equals or exceeds the chemical’s Reportable Quantity within a 24-hour period. The 24-hour window is drawn from CERCLA Section 103(a) and applies to EPCRA the same way, so a slow leak that accumulates to the threshold across a day counts just as much as a single sudden spill.¹

Two chemical lists control what’s covered. The first is the Extremely Hazardous Substances list in 40 CFR Part 355, Appendix A, which contains more than 350 chemicals with individually assigned Reportable Quantities and threshold planning quantities.² The second is the CERCLA hazardous substances list in 40 CFR 302.4.³ Some chemicals appear on both, and Reportable Quantities vary substance by substance, so the threshold has to be checked for each chemical the facility handles.

Releases That Don’t Require Notification

Two exemptions narrow the rule. A release that results in exposure only to people inside the facility’s boundaries is not reportable under Section 304 — if a chemical stays on-site and never migrates into the community through air, water, or soil, the statute does not apply.⁴

Releases of Extremely Hazardous Substances that qualify as federally permitted releases under CERCLA Section 101(10) are also exempt. A federally permitted release is one authorized under another federal environmental statute, such as an NPDES discharge permit under the Clean Water Act or an air emission permit under the Clean Air Act.⁵

The Immediate Verbal Notification

The initial alert goes to two bodies: the State or Tribal Emergency Response Commission (SERC or TERC) and the Local or Tribal Emergency Planning Committee (LEPC or TEPC) for any area likely to be affected. If the substance is a CERCLA hazardous substance, the facility must also call the National Response Center at 1-800-424-8802.⁶

If the release could reach more than one LEPC or TEPC jurisdiction, every potentially affected committee gets a call, and the same applies across state or tribal lines.⁷

The statute requires “immediate” notification without defining the word. The legislative history of the Superfund Amendments and Reauthorization Act of 1986 says delays “should not ordinarily exceed 15 minutes” after the person in charge learns of the release, with shorter delays expected whenever practicable.⁸ Fifteen minutes is a guideline rather than a bright line, but enforcement rarely favors facilities that spent an hour confirming details before dialing.

What the Call Must Cover

Federal regulations at 40 CFR 355.40 list eight data points for the verbal notification. Gathering the information should not delay the call or the emergency response itself; the caller reports what is known and updates the record later.⁹

The name of the chemical released.
Whether the substance is on the Extremely Hazardous Substances list.
The best available estimate of the quantity released.
The time the release started and how long it lasted or is expected to last.
The medium or media the substance entered — air, water, soil, or a combination.
Any known or anticipated acute or chronic health risks, plus advice on medical attention for anyone exposed.
Recommended precautions, including evacuation where warranted.
The name and phone number of a facility contact for follow-up questions.

The statute uses the phrase “to the extent known at the time of the notice,” recognizing that exact quantities and durations often aren’t available during a fast-moving event. Best estimate on the phone, refined numbers in the written report.¹⁰

Transportation-Related Releases

Releases during transport, or from storage incident to transport, follow a shorter path. The person responsible can satisfy the immediate notification requirement by dialing 911 (or the local operator where 911 is unavailable) and providing the same eight data points.¹¹

Transportation-related releases carry no written follow-up requirement under Section 304. The 911 call ends the obligation. A CERCLA hazardous substance release during transport still triggers the separate call to the National Response Center.

The Written Follow-Up Report

After the verbal alert, the facility must submit a written follow-up report to the SERC (or TERC) and the LEPC (or TEPC). The statute says “as soon as practicable,” which EPA has interpreted as no longer than 30 days. State rules can be tighter — deadlines of 7 to 30 days are common — so state requirements should be checked.¹²

The written report updates and expands the initial verbal notification. Beyond refining the quantity, timing, and health-risk information, it must also describe:

The response actions the facility took to stop the release and contain the spread.
Any acute or chronic health risks confirmed after the initial call, including symptoms identified by medical professionals.
Guidance on medical attention for anyone who may have been exposed.

The statute explicitly allows multiple written follow-ups. If new test results arrive after the first report, a supplemental notice updates the record.¹³

Continuous Releases

Facilities with ongoing, predictable releases can qualify for reduced reporting under 40 CFR 302.8. A continuous release is one that happens without interruption or is routine and incidental to normal operations. If the release is also stable in quantity and rate, the facility can move from event-by-event notification to a streamlined schedule.¹⁴

To qualify, the facility makes an initial telephone notification to the National Response Center, the SERC, and the LEPC. A written notification follows within 30 days, then a follow-up report within 30 days of the first anniversary of that written notification. After that, the facility evaluates the release annually and files new reports only when something changes — a shift in chemical composition, source, or a statistically significant increase above the previously reported normal range. Any such increase must be reported to the National Response Center as soon as the person in charge becomes aware of it.¹⁴

Penalties for Failing to Notify

Enforcement authority sits in 42 U.S.C. § 11045(b). EPA has three civil tracks and one criminal track.¹⁵

Class I administrative penalty: up to $25,000 per violation (statutory base), assessed after notice and a hearing.
Class II administrative penalty: up to $25,000 per day the violation continues, rising to $75,000 per day for a second or subsequent violation.
Judicial penalty: up to $25,000 per day, or $75,000 per day for repeat violations, in federal district court.
Criminal penalties: anyone who knowingly and willfully fails to notify faces up to $25,000 in fines, up to two years in prison, or both; a second conviction raises the fine cap to $50,000 and the prison term to five years.

Those figures are statutory base amounts. EPA adjusts them annually for inflation under the Federal Civil Penalties Inflation Adjustment Act, so actual per-day penalties run higher than the numbers in the statute. In setting the amount, EPA considers the severity of the violation, the facility’s compliance history, ability to pay, and any economic benefit the facility gained by not complying.¹⁵

Self-Disclosure Under EPA’s Audit Policy

A facility that discovers a missed or late Section 304 notification on its own can often cut its penalty by self-disclosing under EPA’s Audit Policy. Meeting all nine conditions — including voluntary discovery, written disclosure to EPA within 21 days, correction within 60 days, and cooperation — eliminates 100% of gravity-based civil penalties. Meeting every condition except systematic discovery (the violation was found by chance rather than through a formal audit program) drops the reduction to 75%.¹⁶

Some violations are ineligible regardless: those that caused serious actual harm, those presenting an imminent and substantial danger, and violations of existing consent agreements or orders. The same violation, or a closely related one, cannot have occurred at the same facility within the past three years. Disclosures are submitted through EPA’s eDisclosure System.¹⁶

1
U.S. Environmental Protection Agency. EPCRA Release Notification of RQ in Any 24-Hour Period
2
eCFR. 40 CFR Appendix A to Part 355 – The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
3
eCFR. 40 CFR 302.4 – Hazardous Substances and Reportable Quantities
4
GovInfo. 42 USC 11004 – Emergency Notification
5
U.S. Environmental Protection Agency. Scope of Federally Permitted Release Exemption
6
U.S. Environmental Protection Agency. Who Must Be Notified When a Release Occurs
7
U.S. Environmental Protection Agency. EPCRA Emergency Release Notifications
8
U.S. Environmental Protection Agency. Definition of Immediate for EPCRA and CERCLA Release Notification
9
eCFR. 40 CFR 355.40 – What Information Must I Provide
10
Office of the Law Revision Counsel. 42 USC 11004 – Emergency Notification
11
eCFR. 40 CFR Part 355 Subpart C – How To Comply
12
U.S. Environmental Protection Agency. Follow-Up Emergency Notice Requirements in EPCRA 304 for CERCLA Hazardous Substances
13
EPA. Chapter 4 – EPCRA Section 304: Emergency Release Notification
14
eCFR. 40 CFR 302.8 – Continuous Releases
15
Office of the Law Revision Counsel. 42 USC 11045 – Enforcement
16
U.S. Environmental Protection Agency. EPA’s Audit Policy