Kansas Statutes Annotated, Chapter 65, Article 57, Kansas Emergency Planning and Community Right-To-Know Act, Section 65-5707 identifies that this statute adopted the provisions of the federal emergency planning and community right-to-know program. Therefore, hazardous material and extremely hazardous material releases should be reported in accordance to the federal law, Section 302 and 304.
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 should be made verbally by telephone, radio or in person. Emergency release notification requirements can be met by dialing 911, or in the absence of a 911 emergency number, calling the operator. In Kansas a list of the Emergency Managers and Local Emergency Planning Committee's are made available from Kansas Emergency Management upon request or via KDEM's web page so that the reporting entity may contact their County Emergency Manager 24-hours a day to make the proper local notification. The County Emergency Managers will in turn assist in contacting the proper responding agencies for support. Emergency Coordinators may be contacted if the 911 emergency-number or other emergency-contact is unable to be made. Emergency notifications need to include:
Following are the numbers that should be used when making the initial verbal notification:
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.
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:
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.
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. A copy of the "Form A" is attached to this guidance document, additional copies of the "Form A" are available upon request or via the KDEM web page: www.accesskansas.org/kdem/tech.htm. The "Form A" is a support document to the initial verbal notification. 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."
The Environmental Protection Agency (EPA) has created a "Consolidated Chemical List" otherwise known as the "List-of-List". A recommendation from KDEM is for each County Emergency Manager and facility owner, operator or representative, to maintain copy of this document as a reference source. This document will help in the planning and responding to the hazardous materials in your community. A copy of this document can be obtained by requesting it through EPA or electronically from their web page:
Free Homeland Security Notification Tool
