Focus On Planning & Aid
Title III - Community Right-To-Know
Emergency Notification (section 304)

Last updated Nov. 15, 2021

There are two chemical lists that relate to this section. One is the list of Extremely Hazardous Substances used for emergency planning (40 CFR part 355 appendix A & B). The second list is mandated under Section 103 (a) of CERCLA, and is available at the Consolidated List of Lists under EPCRA/CERCLA/CAA ยง112(r) (September 2021 Version).

There must be immediate notification to both the
State Emergency Response Commission and the Local Emergency Planning Committee if a facility releases chemicals above a threshold that:
  • Is on either of the two lists, and
  • Is present in regulated quantities, and
  • Has the potential for exposure beyond the facility boundary.

A facility must provide the names, amounts and duration of the release of the chemicals and associated health risks. It must also include an indication of whether or not the substance is an Extremely Hazardous Substance, and the conditions of the spill. The initial notification must be made by phone or in person (e-mail or regular mail communication are not acceptable under these circumstances.)

The telephone numbers for reporting such a release are:
  • To ensure this information is conveyed to the State Emergency Response Commission, contact either NDEE at (402) 471-2186 during normal working hours, or the State Patrol Dispatcher at (402) 479-4921 after hours, on holidays and weekends;

Written follow-up information may be requested. Contact NDEE at (402) 471-2186, or for additional information on what to provide in your follow-up.

NOTE: These actions do not necessarily fulfill all other state and federal requirements for chemical releases. When in doubt, report the release to the appropriate federal, state, and local officials.

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