[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR355.40]

[Page 430-432]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 355_EMERGENCY PLANNING AND NOTIFICATION--Table of Contents
 
Sec.  355.40  Emergency release notification.

    (a) Applicability. (1) The requirements of this section apply to any 
facility: (i) at which a hazardous chemical is produced, used or stored 
and (ii) at which there is release of a reportable quantity of any 
extremely hazardous substance or CERCLA hazardous substance.
    (2) This section does not apply to:
    (i) Any release which results in exposure to persons solely within 
the boundaries of the facility;
    (ii) Any release which is a federally permitted release as defined 
in section 101 (10) of CERCLA;
    (iii) Any release that is continuous and stable in quantity and rate 
under the definitions in 40 CFR 302.8(b). Exemption from notification 
under this subsection does not include exemption from:
    (A) Initial notifications as defined in 40 CFR 302.8 (d) and (e);
    (B) Notification of a ``statistically significant increase,'' 
defined in 40 CFR 302.8(b) as any increase above the upper bound of the 
reported normal range, which is to be submitted to the community 
emergency coordinator for the local emergency planning committee for any 
area likely to be affected by the release and to the State emergency 
response commission of any State likely to be affected by the release;
    (C) Notification of a ``new release'' as defined in 40 CFR 
302.8(g)(1); or
    (D) Notification of a change in the normal range of the release as 
required under 40 CFR 302.8(g)(2).
    (iv) Any release of a pesticide product exempt from CERCLA section 
103(a) reporting under section 103(e) of CERCLA;
    (v) Any release not meeting the definition of release under Section 
101(22) of CERCLA, and therefore exempt from Section 103(a) reporting; 
and
    (vi) Any radionuclide release which occurs:

[[Page 431]]

    (A) Naturally in soil from land holdings such as parks, golf 
courses, or other large tracts of land.
    (B) Naturally from land disturbance activities, including farming, 
construction, and land disturbance incidental to extraction during 
mining activities, except that which occurs at uranium, phosphate, tin, 
zircon, hafnium, vanadium, monazite, and rare earth mines. Land 
disturbance incidental to extraction includes: land clearing; overburden 
removal and stockpiling; excavating, handling, transporting, and storing 
ores and other raw (not beneficiated or processed) materials; and 
replacing in mined-out areas coal ash, earthen materials from farming or 
construction, or overburden or other raw materials generated from the 
exempted mining activities.
    (C) From the dumping and transportation of coal and coal ash 
(including fly ash, bottom ash, and boiler slags), including the dumping 
and land spreading operations that occur during coal ash uses.
    (D) From piles of coal and coal ash, including fly ash, bottom ash, 
and boiler slags.
    (vii) Any release in amounts less than 1,000 pounds per 24 hours of:
    (A) Nitrogen oxide (NO) to the air that is the result of combustion 
and combustion-related activities.
    (B) Nitrogen dioxide (NO2) to the air that is the result 
of combustion and combustion-related activities.

    Note to paragraph (a): Releases of CERCLA hazardous substances are 
subject to the release reporting requirements of CERCLA section 103, 
codified at 40 CFR part 302, in addition to the requirements of this 
part.

    (b) Notice requirements. (1) The owner or operator of a facility 
subject to this section shall immediately notify the community emergency 
coordinator for the local emergency planning committee of any area 
likely to be affected by the release and the State emergency response 
commission of any State likely to be affected by the release. If there 
is no local emergency planning committee, notification shall be provided 
under this section to relevant local emergency response personnel.
    (2) The notice required under this section shall include the 
following to the extent known at the time of notice and so long as no 
delay in notice or emergency response results:
    (i) The chemical name or identity of any substance involved in the 
release.
    (ii) An indication of whether the substance is an extremely 
hazardous substance.
    (iii) An estimate of the quantity of any such substance that was 
released into the environment.
    (iv) The time and duration of the release.
    (v) The medium or media into which the release occurred.
    (vi) Any known or anticipated acute or chronic health risks 
associated with the emergency and, where appropriate, advice regarding 
medical attention necessary for exposed individuals.
    (vii) Proper precautions to take as a result of the release, 
including evacuation (unless such information is readily available to 
the community emergency coordination pursuant to the emergency plan).
    (viii) The names and telephone number of the person or persons to be 
contacted for further information.
    (3) As soon as practicable after a release which requires notice 
under (b)(1) of this section, such owner or operator shall provide a 
written follow-up emergency notice (or notices, as more information 
becomes available) setting forth and updating the information required 
under paragraph (b)(2) of this section, and including additional 
information with respect to:
    (i) Actions taken to respond to and contain the release,
    (ii) Any known or anticipated acute or chronic health risks 
associated with the release, and,
    (iii) Where appropriate, advice regarding medical attention 
necessary for exposed individuals.
    (4) Exceptions. (i) Until April 30, 1988, in lieu of the notice 
specified in paragraph (b)(2) of this section, any owner or operator of 
a facility subject to this section from which there is a release of a 
CERCLA hazardous substance which is not an extremely hazardous substance 
and has a statutory reportable quantity may provide the same notice 
required under CERCLA section 103(a) to the local emergency planning 
committee.

[[Page 432]]

    (ii) An owner or operator of a facility from which there is a 
transportation-related release may meet the requirements of this section 
by providing the information indicated in paragraph (b)(2) to the 911 
operator, or in the absence of a 911 emergency telephone number, to the 
operator. For purposes of this paragraph, a transportation-related 
release means a release during transportation, or storage incident to 
transportation if the stored substance is moving under active shipping 
papers and has not reached the ultimate consignee.

[52 FR 13395, Apr. 22, 1987, as amended at 54 FR 22543, May 24, 1989; 55 
FR 30188, July 24, 1990; 63 FR 13475, Mar. 19, 1998; 64 FR 13115, Mar. 
17, 1999; 71 FR 58533, Oct. 4, 2006]