---
kind: "section"
citation: "40 C.F.R. § 355.40"
title: "40"
number: "355.40"
heading: "What information must I provide?"
url: "https://uscodex.org/cfr/40/355.40"
---

# §355.40. What information must I provide?


You must make two separate notifications to comply with the emergency release notification requirements of this subpart: an immediate notification, and as soon as practicable thereafter a written follow-up emergency notification (or notifications, as more information becomes available).

- (a) **Immediate notification.** The notice required under this section shall include as much of the following information known at the time. However, the retrieval of this information should not cause a delay in the notification on the emergency response.
  - (1) **The chemical name or identity of any substance involved in the release.**
  - (2) **Indicate whether the substance is an EHS.**
  - (3) **Provide an estimate of the quantity of any such substance that was released into the environment.**
  - (4) **State the time and duration of the release.**
  - (5) **The medium or media into which the release occurred.**
  - (6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.
  - (7) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan).
  - (8) The name and telephone number of the individual (or individuals) to be contacted for further information.
- (b) **Written follow-up emergency notification.** Except for releases that occur during transportation or from storage incident to transportation, you must provide a written follow-up emergency notice (or notices, as more information becomes available), as soon as practicable after the release. In the written follow-up emergency notice, you must provide and update the information required in the immediate notification and include additional information with respect to all of the following:
  - (1) **Actions taken to respond and contain the release.**
  - (2) **Any known or anticipated acute or chronic health risks associated with the release.**
  - (3) Where appropriate, advice regarding medical attention necessary for exposed individuals.
- (c) You are not required to submit a written follow-up notification for a release that occurred during transportation or from storage incident to transportation. See [§ 355.42(b)](/cfr/40/355.42.md?p=b) for requirements for reporting such releases.

## Notes

### Authority

Authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049).

### Source

Source: 73 FR 65462, Nov. 3, 2008, unless otherwise noted.