Reporting Hazmat Releases

Reporting a chemical releaseWhen a facility has had an accidental release that threatens or goes into the environment, they may have to report the release to specific agencies. In Harford County the law requires that the Emergency Services must be notified immediately upon the release of any amount of hazardous materials into the environment. The emergency number 9-1-1 should be used for this purpose.

State Requirement

The State of Maryland also requires notification to the Maryland Department of the Environment within two hours of the release at 410-974-3551. If any chemical, to include petroleum, enters a waterway or storm drain they must be reported.

Federal Requirement

On the federal level, the release is reportable if it enters a waterway or when the predetermined Reportable Quantity (RQ) has been reached. The RQ for an EHS may be as small as 1 pound, while others are much higher. If the release requires Federal reporting, you must notify the National Response Center at 800-424-8802.

Pesticide Exemption

The release of a pesticide registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), when used generally in accordance with its intended routine agricultural applications, according to approved product label instructions, is exempt from this reporting requirement, and also normal application of fertilizers. This exemption applies only to on-site releases.

Information Needed

During any notification the caller will need to provide certain information. Have the following information available to assure no delay during notification:

  1. Name of the facility
  2. Address where the release is occurring
  3. The caller's name
  4. What is the product being released
  5. How long has the release been occurring
  6. Phone number
  7. Health effects associated with the product
  8. Did the release enter a waterway
  9. What has been done to stop the release

In most cases, notification to the local authorities will result in some type of emergency response. This can range from a full-scale Hazardous Materials response for large incidents to a smaller response of a local official for a small release that can be quickly contained.

Proper planning and training for facility employees on emergency procedures will reduce the response time to an incident and reduce cleanup costs. Making sure employees know the proper notifications to make will reduce the chance of large fines and imprisonment for facility officials. Fines can be up to $27,500 per incident, per reporting point for each day notification is not completed.

Written Reports

After a reportable release has occurred, the facility may be required to file a written report to the SERC and LEPC. These reports are known as 304 reports and detail the questions asked in the initial notification. The facility will also have to expand the report to include what clean-up methods were used and what the facility has done to ensure this type of incident will not occur again. These reports are maintained for public information and can be obtained through the State Emergency Response Commission at the Community Right to Know Section of Maryland Department of the Environment 410-537-3800 or the Local Emergency Planning Committee 410-638-4900.

Harford County Hazmat Law

Harford County has a specific hazardous material law that requires the immediate notification to Emergency Services for any spill of a chemical, including petroleum, that threatens or enters the environment. The 9-1-1 emergency number should be used for this purpose. Any citizen who sees an environmental crime or hazard taking place should call 9-1-1 immediately. Fines for non-compliance in Harford County are up to $1,000 per incident, per day of the release. Criminal penalties can be applied to the party responsible for non-compliance to this regulation.

How the LEPC Can Help the Reporting Facility

The Harford County LEPC provides free EPCRA compliance assistance to any business that needs help with its reporting requirements. Contact the Harford County Emergency Services at 410-638-4900 or email your request to set up an appointment with the SARA Title III Coordinator. They will visit the site and review the reporting requirements, if any, the facility must complete. After the reporting requirements are known they will provide the facility with a Tier II form and training on how to complete them properly. They can also provide administrative assistance to ensure the forms are filled out properly and mailed to the correct reporting locations. This is a free service provided by Harford County Government.

Download a copy of the Right-To-Know, a Guide for Business. The Harford County LEPC maintains that assisting the facility with compliance is the best policy to ensure a balance between the community, business and emergency responders. If a problem is found that places the facility in violation, the LEPC will work with that facility to achieve compliance.

Additional Information

For your convenience the EPA has provided the following documentation from their website: Chemicals in Your Community - A Guide to the Emergency Planning Community Right-to-Know Act.