Environmental Protection Agency § 355.1 (h) The health professional receiving Subpart C—Emergency Release the trade secret information may dis- Notification close it to EPA only under the fol- WHO MUST COMPLY lowing circumstances: The health pro- fessional must believe that such disclo- 355.30 What facilities must comply with the sure is necessary in order to learn from emergency release notification require- ments of this subpart? the Agency additional information 355.31 What types of releases are exempt about the chemical necessary to assist from the emergency release notification him in carrying out the responsibilities requirements of this subpart? set forth in paragraphs (c), (d), and (e) 355.32 Which emergency release notification of this section. Such information com- requirements apply to continuous re- prises facts regarding adverse health leases? and environmental effects. 355.33 What release quantities of EHSs and CERCLA hazardous substances trigger the emergency release notification re- PART 355—EMERGENCY PLANNING quirements of this subpart? AND NOTIFICATION HOW TO COMPLY Subpart A—General Information 355.40 What information must I provide? 355.41 In what format should the informa- Sec. tion be submitted? 355.1 What is the purpose of this part? 355.42 To whom must I submit the informa- 355.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer tion? 355.43 When must I submit the information? to in this part? 355.3 Which section contains the definitions Subpart D—Additional Provisions of the keywords used in this part? 355.60 What is the relationship between the Subpart B—Emergency Planning emergency release notification require- ments of this part and the release notifi- WHO MUST COMPLY cation requirements of CERCLA? 355.10 Must my facility comply with the 355.61 How are keywords in this part de- emergency planning requirements of this fined? subpart? APPENDIX A TO PART 355—THE LIST OF EX- 355.11 To what substances do the emergency TREMELY HAZARDOUS SUBSTANCES AND planning requirements of this subpart THEIR THRESHOLD PLANNING QUANTITIES apply? (ALPHABETICAL ORDER) 355.12 What quantities of extremely haz- APPENDIX B TO PART 355—THE LIST OF EX- ardous substances trigger emergency TREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES planning requirements? (CAS NUMBER ORDER) 355.13 How do I calculate the quantity of an extremely hazardous substance present AUTHORITY: Sections 302, 303, 304, 325, 327, in mixtures? 328, and 329 of the Emergency Planning and 355.14 Do I have to aggregate extremely Community Right-to-Know Act of 1986 hazardous substances to determine the (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, total quantity present? 11047, 11048, and 11049). 355.15 Which threshold planning quantity do SOURCE: 73 FR 65462, Nov. 3, 2008, unless I use for an extremely hazardous sub- otherwise noted. stance present at my facility in solid form? Subpart A—General Information 355.16 How do I determine the quantity of extremely hazardous substances present § 355.1 What is the purpose of this for certain forms of solids? part? HOW TO COMPLY (a) This part (40 CFR part 355) estab- 355.20 If this subpart applies to my facility, lishes requirements for a facility to what information must I provide, who provide information necessary for de- must I submit it to, and when is it due? veloping and implementing State and 355.21 In what format should the informa- local chemical emergency response tion be submitted? plans, and requirements for emergency notification of chemical releases. This part also lists Extremely Hazardous 429 VerDate Mar<15>2010 09:25 Jul 28, 2010 Jkt 220169 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Y:\SGML\220169.XXX 220169 WReier-Aviles on DSKGBLS3C1PROD with CFR § 355.2 40 CFR Ch. I (7–1–10 Edition) Substances (EHSs) and Threshold Plan- (2) The Governor of the State in ning Quantities (TPQs) in Appendices which your facility is located. A and B, which are used in determining (3) The Chief Executive Officer of the if you are subject to these require- Tribe for the Indian Tribe under whose ments. jurisdiction your facility is located. (b) This part is written in a special format to make it easier to understand § 355.11 To what substances do the the regulatory requirements. Like emergency planning requirements other Environmental Protection Agen- of this subpart apply? cy (EPA) regulations, this part estab- The emergency planning require- lishes enforceable legal requirements. ments of this subpart apply to any EHS Information considered non-binding listed in Appendices A and B of this guidance under EPCRA is indicated in part. Additionally, if a facility is des- this regulation by the word ‘‘note’’ and ignated for emergency planning pur- a smaller typeface. Such notes are pro- poses, as provided in § 355.10(b), sub- vided for information purposes only stances that are not EHSs at this facil- and are not considered legally binding ity may become subject to the emer- under this part. gency planning requirements. § 355.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to in this part? § 355.12 What quantities of extremely hazardous substances trigger emer- Throughout this part, ‘‘you,’’ ‘‘I,’’ gency planning requirements? and ‘‘your’’ refer to the owner or oper- Any EHS present at your facility in ator of a facility. an amount equal to or greater than its § 355.3 Which section contains the TPQ triggers the emergency planning definitions of the key words used in requirements of this subpart. The TPQs this part? are listed in Appendices A and B of this The definitions of key words used in part in the column labeled ‘‘threshold this part are in § 355.61. It is important planning quantity.’’ to read the definitions for these key words because the definition explains § 355.13 How do I calculate the quan- tity of an extremely hazardous sub- the word’s specific meaning associated stance present in mixtures? with the regulations in this part. If an EHS is present in a mixture in Subpart B—Emergency Planning a particular container, determine the quantity (in pounds) of the EHS in that WHO MUST COMPLY container by multiplying the con- centration of the EHS (in weight per- § 355.10 Must my facility comply with cent) by the weight (in pounds) of the the emergency planning require- mixture in the container. If the con- ments of this subpart? centration of an EHS is less than or You must comply with the emer- equal to one percent in the mixture, gency planning requirements in this you do not have to count that EHS. subpart if your facility meets either of Here is an example calculation: the following two conditions: Example: You have 150 pounds of a mixture (a) Any extremely hazardous sub- that contains 20 weight percent of a certain stance (EHS) is present at your facility EHS. The quantity of EHS present in the in an amount equal to or greater than mixture is: its threshold planning quantity (TPQ), EHS (in pounds) or = (weight percent of EHS) × (weight of mix- (b) Your facility has been designated ture) for emergency planning purposes, after = (20 percent) × (150 pound mixture) public notice and opportunity for com- = (0.20) × (150) ment, by one of the following three en- EHS (in pounds) tities: = 30 pounds (1) The State Emergency Response Commission (SERC). 430 VerDate Mar<15>2010 09:25 Jul 28, 2010 Jkt 220169 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Y:\SGML\220169.XXX 220169 WReier-Aviles on DSKGBLS3C1PROD with CFR Environmental Protection Agency § 355.20 § 355.14 Do I have to aggregate ex- Note to paragraph (a): Use the in- tremely hazardous substances to structions in § 355.16 to calculate the determine the total quantity quantity present for the categories of present? solids listed in paragraphs (a)(1), (2) You must aggregate (i.e., add to- and (3) of this section. gether) the amounts of each EHS at (b) If the solid does not meet one of your facility to determine if a TPQ is the criteria in paragraph (a) of this sec- present. This means that, for a par- tion, then the TPQ is 10,000 pounds. ticular EHS, you must determine the total amount present at any one time § 355.16 How do I determine the quan- at your facility by adding together the tity of extremely hazardous sub- quantity of pure EHS and the quantity stances present for certain forms of contained in all mixtures, regardless of solids? location, number of containers, or For the three forms of solids that are method of storage. You do not have to listed in § 355.15(a)(1) through (3), use count an EHS in a mixture if the con- these instructions to determine the centration of that EHS is less than or quantity of extremely hazardous sub- equal to one percent. stance present: § 355.15 Which threshold planning (a) Solid in powdered form with a par- quantity do I use for an extremely ticle size less than 100 microns. Multiply hazardous substance present at my the weight percent of solid with a par- facility in solid form? ticle size less than 100 microns in a par- EHSs that are in solid form are sub- ticular container by the total weight of ject to one of two different TPQs (for solid in the container. example, TPQs may be listed as 500/ (b) Solid in solution. Multiply the 10,000 pounds), both of which are listed weight percent of solid in solution in a in Appendices A and B of this part. particular container by the total Here is how to determine which of the weight of solution in the container. two listed TPQs you must use for an (c) Solid in molten form.