How to Report a Incident/Release/Spill Draft

STEP 1 – DUE IMMEDIATELY STEP 2 – Due As Soon As Possible Within 30 Days

Verbal Notification
Written Follow-up Notification
Click on the buttons to learn more or scroll down

Reportable Quantities

The owner or operator of a facility or vessel must immediately notify the Hawaiʻi State Emergency Response Commission (HSERC) (through the HEER Office) and the appropriate Local Emergency Planning Committee (LEPC) if there is a release into the environment of a hazardous substance that is equal to or exceeds the minimum reportable quantity in any 24-hour period as set forth in HAR 11-451, Hawaiʻi State Contingency Plan (SCP)..

The State RQ List quantities may differ from the Federal EPA Consolidated List of Lists quantities. The state RQ list categories were adopted as of the finalization of the State Regulation and have not been updated.

Covered Categories of Chemicals and Quantities

The State RQ List is compiled from the following categories of chemicals:

Listed Hazardous Substances
      • Extremely Hazardous Substances (EHS) are those substances and quantities listed at 40 CFR part 355, Appendices A and B as of July 1, 1993
      • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances contained in 40 CFR part 302, Table 302.4 as of July 1, 1993 and Reportable Quantities contained in 58 Federal Register 54840, Table 302.4
        Note: Facilities must also report a release of a CERCLA hazardous substance to the National Response Center (NRC) at 1 (800) 424 8802
      • Trichloropropane (TCP) at a Reportable Quantity of 10 pounds
      • Oil [under the following circumstances]:
        • Any amount of oil which when released into the environment causes a sheen to appear on surface water, or any navigable water of the state;
        • Any free product that appears on ground water;
        • Any amount of oil released to the environment greater than 25 gallons;
        • Any amount of oil released to the environment which is less than 25 gallons, but which is not contained and remediated within 72 hours.
Unlisted Hazardous Substances
      • Unlisted hazardous substances at a reportable quantity of 100 pounds, except for those unlisted hazardous wastes below
      • Unlisted hazardous wastes (as defined in section 11-261-3, as of June 18, 1994) which exhibit toxicity characteristics when tested with the TCLP test method 1311 at reportable quantities listed in 40 CFR part 302, Table 302.4 as of July 1, 1993 for the hazardous substance on which the toxicity characteristic is based. In mixtures with more than one substance or characteristic, use the lowest RQ. Applies to the weight of the entire amount of material released, not merely to the hazardous substance component.

Releases of Unknown Quantities
Report releases of unknown quantities if lab results exceed the most restrictive Environmental Action Levels (EALs) for residential use.

Reporting Step 1: Verbal notification via telephone / in person

Immediately after a reportable release, the owner or operator of a facility or vessel must notify the HEER Office (for the HSERC), the Local Emergency Planning Committee (LEPC) of the appropriate jurisdiction, and the National Response Center (NRC).

NUMBERS TO CALL
    • NOTE: Please call 9-1-1 if there is an immediate threat to human welfare or fatalities.
    • HEER Office as the administrative contact for the HSERC (808) 586-4249 (7:45am – 4:30pm Monday to Friday) or (808) 236-8200 (after hours which includes weekends, holidays and after 4:30 weekdays)
    • the LEPC for your jurisdiction according to the list below
    • the National Response Center (NRC) at (800) 424-8802

You may download Facility Operators HEPCRA Instruction Package, January 2023 which includes the list of contacts in Attachment 3-C.

INFORMATION TO PROVIDE

Specific information is required when reporting the release of a hazardous substance. To the best of your ability, be ready with the following information:

    • Your name and telephone number
    • Name of the hazardous substance spilled
    • Approximate quantity spilled
    • Location of the spill
    • Date and time of the spill
    • Description of how it happened
    • Immediate danger or threat posed by the release
    • Contact information for the responsible party
    • Measures taken or proposed to be taken to cleanup the spill
    • Any known injuries resulting from exposure
    • Other county, state or federal officials that were also notified

Reporting Step 2: Submit a written follow-up notice no later than 30 days after initial discovery of the release.

A Hawaii Hazardous Substance Written Follow-Up Notification Form regarding the release is also required to be sent to the HSERC/HEER and LEPC contacts noted above, postmarked no later than 30 days after initial discovery of the release.

ADDITIONAL RESOURCE ON EMERGENCY PLANS

The State of Hawaiʻi Oil and Hazardous Substance Emergency Response Plan is a supplement to the State of Hawaiʻi Plan for Emergency Preparedness, Volume III, Disaster Response Assistance. This plan also serves as Annex 1530-1 to the Hawaii Area Contingency Plan.

LEGAL AUTHORITY

Owners or operators of facilities or vessels that release a hazardous substance or toxic chemical into the environment above the reportable quantity are subject to state notification requirements under the HEER Office’s legal authorities including:

  • Hawaiʻi Environmental Response Law (HRS 128D) and Hawaiʻi State Contingency Plan (HAR 11-451)
  • Hawaiʻi Emergency Planning and Community Right-to-Know Act (HEPCRA) (HRS 128E and HAR 11-453)
  • CERCLA §103