Kansas Adjutant General's Department
State of Kansas Hazardous Materials Emergency Notification Requirements
 

Emergency Notification

Facilities must immediately notify the Local Emergency Planning Committees (LEPC's) and the State Emergency Response Commissions (SERC's), in Kansas the SERC was replaced by the Commission on Planning and Response (CEPR), likely to be affected if there is a release into the environment of a hazardous substance that exceeds the reportable quantity for that substance. Substances subject to this requirement are those on the list of 360 extremely hazardous substances as published in Federal Register (40 CFR 355) as well as the more than 700 hazardous substances subject to the emergency notification requirements under CERCLA Section 103(a)(40 CFR 302.4). Some chemicals are common to both lists. Under CERCLA, 40 CFR Section 302.6 Notification Requirements (a), any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he has knowledge of any release (other than a federally permitted release or application of a pesticide) of a hazardous substance from such vessel or facility in a quantity equal to or exceeding the reportable quantity determined by this part in any 24-hour period, immediately notify the National Response Center (NRC) (800) 424-8802. NRC will then notify other federal agencies and/or responders.

Initial Notification:

Per SARA Title III Section 304 the initial notification of a hazardous material or extremely hazardous substance release should be made verbally to the NRC, SERC and the LEPC. Following are the numbers that should be used when making the initial verbal notification:

  • CEPR, 24-hour emergency number (785) 291-3333
  • Local Emergency Planning Committee (LEPC) or Local Emergency Coordinator/Manager; reference county program
  • National Response Center (800) 424-8802

Note that if the release poses an immediate threat to life or the environment notification should not be delayed if all of the required information is not available. An initial (partial) notification should be made so that the LEPC and CEPR are prepared to provide guidance to support the incident if necessary. As soon as practical after an initial notification, all required information must be assembled and transmitted. Notification of a release includes ANY QUANTITY of a hazardous substance(s) that leaves the boundaries of a facility that could affect life and environment, it is not limited to the entire quantity identified under reportable quantities of Sections 302 and 304.

AFTER ACTIONS REPORT:

In addition to the initial notification, SARA Title III, Section 304 (CFR 40 Section 355.40 (b) (3)(i)(ii)(iii)), requires that the owner or operator of a facility provide a written follow-up emergency notice as soon as practicable, within 7 working days, after the release has concluded. The follow-up notice(s) must:

  • Update information included in the initial notification;
  • Provide information on:
    • 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

TRANSPORTATION-RELATED RELEASE NOTIFICATIONS:

A transportation-related release is defined as a release during transportation, or storage incident to transportation if the stored substance is moving under active shipping papers and has not reached the receiving party. When a transportation-related release occurs notification is initiated by calling 911, or in the absence of a 911 emergency telephone number, to the operator. All emergency notification requirements are the same as previously identified in this document.

"FORM A" NOTIFICATION FORM:

Kansas has developed a spill notification document called a "Form A"; this document is for hazardous materials incidents, accidental releases and continuous release notifications. It is recommended that industry, Emergency Managers and first responders maintain a copy of the "Form A" for reporting hazardous material release incidents, orphan drums (drums or containers of chemicals dumped at the side of the road), unknown spills, citizen complaints, etc. "Form A's" may be faxed into the Kansas Emergency Management (785) 274-1426 and the County Emergency Manager. Again note that the initial notification of a hazardous substance release must be made verbally via telephone, radio or in person. In addition, as of January, 2002, it may be updated and used as the written after action report for an incident, ONLY IF it is updated after the incident has concluded with all the information listed in the "After Actions Report Section". Note that the information pertaining to advice regarding medical attention necessary for exposed individuals must be attached separately to the "Form A".

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Emergency Information

Click here for emergency preparedness information, safety awareness information and general information about severe weather and other potential emergencies that Kansans should be prepared for.

For information provided by Kansas Division of Emergency Management, click here.

For information provided by Kansas Homeland Security, click here.

 

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