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Table of Contents
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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