# EPCRA section 304 / 40 CFR 355.40 — Federal incident notification deadlines by regulation

For EPCRA section 304 / 40 CFR 355.40, governing statute is EPCRA; triggering event is release of a reportable quantity of a CERCLA hazardous substance or an extremely hazardous substance (EHS); notification deadline is immediately; notification recipient is State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC); required method is immediate notification, followed by written follow-up emergency notification as soon as practicable, recorded from its source on 2026-08-12.

- **Regulation:** EPCRA section 304 / 40 CFR 355.40
- **Governing statute:** EPCRA _(our reading, not quoted from the source)_
- **Triggering event:** release of a reportable quantity of a CERCLA hazardous substance or an extremely hazardous substance (EHS)
- **Notification deadline:** immediately
- **Notification recipient:** State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC)
- **Required method:** immediate notification, followed by written follow-up emergency notification as soon as practicable
- **Follow-up requirement:** written follow-up emergency notice as soon as practicable after the release, updating the information in the immediate notification and including actions taken, health risks, and advice regarding medical attention

## What the source says

> You must make two separate notifications to comply with the emergency

## Sources disagree

More than one authority states this, and they do not state the same
thing. Both are reproduced with the source each came from.

### Triggering event

law.cornell.edu says triggering event is **release of a reportable quantity of a CERCLA hazardous substance or an extremely hazardous substance (EHS)**, as of 2026-08-12.

> You must make two separate notifications to comply with the emergency

Source: https://www.law.cornell.edu/cfr/text/40/355.40

epa.gov says triggering event is **release of a reportable quantity of a CERCLA hazardous substance or an extremely hazardous substance (EHS) within any 24-hour period**, as of 2026-08-12.

> if a release of an RQ of a CERCLA hazardous substance or an EHS occurs within any 24-hour period, the facility must notify the SERC and LEPC

Source: https://www.epa.gov/epcra/epcra-release-notification-rq-any-24-hour-period


### Notification deadline

law.cornell.edu says notification deadline is **immediately**, as of 2026-08-12.

> You must make two separate notifications to comply with the emergency

Source: https://www.law.cornell.edu/cfr/text/40/355.40

epa.gov says notification deadline is **immediately — the facility must notify the SERC and LEPC**, as of 2026-08-12.

> if a release of an RQ of a CERCLA hazardous substance or an EHS occurs within any 24-hour period, the facility must notify the SERC and LEPC

Source: https://www.epa.gov/epcra/epcra-release-notification-rq-any-24-hour-period


### Required method

law.cornell.edu says required method is **immediate notification, followed by written follow-up emergency notification as soon as practicable**, as of 2026-08-12.

> You must make two separate notifications to comply with the emergency

Source: https://www.law.cornell.edu/cfr/text/40/355.40

epa.gov says required method is **immediate notification to SERC and LEPC**, as of 2026-08-12.

> if a release of an RQ of a CERCLA hazardous substance or an EHS occurs within any 24-hour period, the facility must notify the SERC and LEPC

Source: https://www.epa.gov/epcra/epcra-release-notification-rq-any-24-hour-period


### Follow-up requirement

law.cornell.edu says follow-up requirement is **written follow-up emergency notice as soon as practicable after the release, updating the information in the immediate notification and including actions taken, health risks, and advice regarding medical attention**, as of 2026-08-12.

> You must make two separate notifications to comply with the emergency

Source: https://www.law.cornell.edu/cfr/text/40/355.40

epa.gov says follow-up requirement is **written follow-up emergency notice as soon as practicable after the release**, as of 2026-08-12.

> if a release of an RQ of a CERCLA hazardous substance or an EHS occurs within any 24-hour period, the facility must notify the SERC and LEPC

Source: https://www.epa.gov/epcra/epcra-release-notification-rq-any-24-hour-period


## Source

- https://www.law.cornell.edu/cfr/text/40/355.40
- https://www.epa.gov/epcra/epcra-release-notification-rq-any-24-hour-period

Last verified: 2026-08-12. Review by: 2027-02-08.
Part of [Federal incident notification deadlines by regulation](https://referencesource.org/incident-notification-deadlines/).