[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR355.30]

[Page 419-420]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 355--EMERGENCY PLANNING AND NOTIFICATION--Table of Contents
 
Sec. 355.30  Emergency planning.

    (a) Applicability. The requirements of this section apply to any 
facility at which there is present an amount of any extremely hazardous 
substance equal to or in excess of its threshold planning quantity, or 
designated, after public notice and opportunity for comment, by the 
Commission or the Governor for the State in which the facility is 
located. For purposes of this section, an amount of any extremely 
hazardous substance means the total amount of an extremely hazardous 
substance present at any one time at a facility at concentrations 
greater than one percent by weight, regardless of location, number of 
containers, or method of storage.
    (b) Emergency planning notification. The owner or operator of a 
facility subject to this section shall provide notification to the 
Commission that it is a facility subject to the emergency planning 
requirements of this part. Such notification shall be provided: on or 
before May 17, 1987 or within sixty days after a facility first becomes 
subject to the requirements of this section, whichever is later.
    (c) Facility emergency coordinator. The owner or operator of a 
facility subject to this section shall designate a facility 
representative who will participate in the local emergency planning 
process as a facility emergency response

[[Page 420]]

coordinator. The owner or operator shall notify the local emergency 
planning committee (or the Governor if there is no committee) of the 
facility representative on or before September 17, 1987 or 30 days after 
establishment of a local emergency planning committee, whichever is 
earlier.
    (d) Provision of information. (1) The owner or operator of a 
facility subject to this section shall inform the local emergency 
planning committee of any changes occurring at the facility which may be 
relevant to emergency planning.
    (2) Upon request of the local emergency planning committee, the 
owner or operator of a facility subject to this section shall promptly 
provide to the committee any information necessary for development or 
implementation of the local emergency plan.
    (e) Calculation of TPQs for solids and mixtures. (1) If a container 
or storage vessel holds a mixture or solution of an extremely hazardous 
substance, then the concentration of extremely hazardous substance, in 
weight percent (greater than 1 percent sign), shall be multiplied by the 
mass (in pounds) in the vessel to determine the actual quantity of 
extremely hazardous substance therein.
    (2)(i) Extremely hazardous substances that are solids are subject to 
either of two threshold planning quantities as shown on appendices A and 
B (i.e., 500/10,000 pounds). The lower quantity applies only if the 
solid exists in powdered form and has a particle size less than 100 
microns; or is handled in solution or in molten form; or meets the 
criteria for a National Fire Protection Association (NFPA) rating of 2, 
3 or 4 for reactivity. If the solid does not meet any of these criteria, 
it is subject to the upper (10,000 pound) threshold planning quantity as 
shown in appendices A and B.
    (ii) The 100 micron level may be determined by multiplying the 
weight percent of solid with a particle size less than 100 microns in a 
particular container by the quantity of solid in the container.
    (iii) The amount of solid in solution may be determined by 
multiplying the weight percent of solid in the solution in a particular 
container by the quantity of solution in the container.
    (iv) The amount of solid in molten form must be multipled by 0.3 to 
determine whether the lower threshold planning quantity is met.