Most of us know that reporting in a “timely manner” is critical in regards to compliance with EPA reporting expectation. Most everyone can agree that 30 minutes is about as large of buffer we can expect in defining “timely”. But we are seeing a trend in our Emergency Response assessments for those facilities that sit on a “boundary”. The issue lies in…
When a facility sits upon a boundary between a county and state, that in almost ALL likelihood the facility will have MULTIPLE notifications to make. So far we have found just a handful of facility response plans that include instructions to notify multiple LEPCs, SERCs, etc.
The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance or of an EHS at or above the RQ. Notice is to be given to both the community emergency coordinator for each LEPC for any area likely to be affected by the release and to the SERC of any State likely to be affected by the release. Those of you close enough to a county or state-line may indeed need to notify your county LEPC and your SERC; as well as the neighboring county’s LEPC and SERC. I WOULD NOT recommend that these notifications be based on “wind direction” at the time of the release! I would also include in your emergency response program/plans or environmental notification procedures the phone numbers of these neighboring agencies.