§11002 Substances and Facilities Covered and Notification

Summary

The EPA Administrator must publish a list of extremely hazardous substances and set amounts that trigger planning rules for them. The list must match the one in Appendix A of the “Chemical Emergency Preparedness Program Interim Guidance” published in November 1985. Within 30 days after October 17, 1986, the Administrator must issue interim rules giving a threshold planning quantity for each listed substance and start making final rules. Thresholds can be set for groups of chemicals or types of facilities. If no interim rule is issued within those 30 days, the default threshold for that substance is 2 pounds until a rule is published. The Administrator can change the list or thresholds later, considering toxicity, reactivity, volatility, dispersability, combustibility, and flammability. “Toxicity” includes any short- or long-term health effect from a short exposure. A facility is covered if it has more of a listed substance than the threshold. A Governor or State emergency response commission can add other facilities after public notice and comment and must tell the facility. Facility owners or operators must tell the State emergency response commission within seven months after October 17, 1986 if their site is covered. Later, they must notify the State commission and the local emergency planning committee within 60 days whenever they first bring a listed substance over the threshold or when a revised list makes the facility covered. The State emergency response commission must tell the Administrator about every facility notice it gets and every facility it adds.