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Emergency Planning and Notification (40CFR355.10 -- 40CFR355.50)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Purpose (40CFR355.10)
This regulation promulgates a list of extremely hazardous substances, threshold planning quantities, and facility notification responsibilities to use in the development and implementation of State and local emergency response plans. Under this regulation, facilities must notify local and State authorities when certain quantities of hazardous substances are located on-site. In addition, facilities must prepare plans designating actions when emergency spills or release occur which may impact the local community. The extremely hazardous substances and their threshold planning quantities are provided in appendices to this part.

Emergency Planning (40CFR355.30)
Emergency planning responsibilities for a facility that has a listed hazardous substance present on-site are discussed. The hazardous substance may be stored, in use, or manufactured by the facility in a quantity above the threshold planning quantity. The threshold planning quantity (TPQ) is defined as the maximum amount of a material a facility may have on-site that does not require development of an emergency plan. Emergency plans must be developed that outline the procedures to be undertaken in case of an accidental release or spill of the designated hazardous substance(s). Plans must be submitted to local emergency planning committees (LEPC), such as fire department representatives, hospital personnel and community leaders. In addition, facilities must notify their State emergency response commission (SERC) that they must comply with the provisions of this regulation.

Emergency Release Notification (40CFR355.40)
Discusses the information that a facility must provide to the LEPC in the event of a hazardous chemical release, that is not covered under 40 CFR Part 302. Notification should be made immediately to the community emergency coordinator of any area likely to be affected by the release to allow for evacuation, medical treatment and other needs. Written notification must be provided to the SERC that provides more detailed information, including the effectiveness of the emergency response plan.

 Penalties (40CFR355.50)
Civil penalties can reach $25,000 for each violation, and $25,000 for each day a violation continues. Criminal penalties can carry up to a $25,000 fine and/or up to a two-year prison sentence and can be up to a $50,000 fine and/or up to a five-year prison sentence, for subsequent violations. Penalties may be exacted on the owner or operator of the facility, or individual personnel.

Appendix A to Part 355

Alphabetical listing of extremely hazardous substances and their threshold planning quantities.

Appendix B to Part 355

The list of extremely hazardous substances and their threshold planning quantities, organized by Chemical Abstract Service (CAS) number order.

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