§11002 Substances and Facilities Covered and Notification

Summary

Creates a list of extremely hazardous substances and sets rules about amounts that trigger planning and notice. Within 30 days after October 17, 1986, the Administrator must publish that list and it must match the list in November 1985 Appendix A of the "Chemical Emergency Preparedness Program Interim Guidance." At the same time the Administrator must issue interim rules setting a threshold planning quantity for each listed substance and start work on final rules. Thresholds can be set for chemical groups or facility types. If no interim rule appears within 30 days after October 17, 1986, the threshold for that substance is 2 pounds until a rule is published. The Administrator can change the list and thresholds later. Changes must consider things like toxicity, reactivity, volatility, how easily a chemical spreads, and how flammable it is. Toxicity includes any short- or long-term health effects from a short exposure. A facility must follow the rules if it has a listed substance in an amount above the threshold, except as provided in section 11004. A Governor or State emergency response commission can add more facilities for emergency planning after public notice and comment, and must tell those facilities. Facility owners or operators must notify the State emergency response commission within seven months after October 17, 1986 if their site is covered. Later, if a listed substance first appears above the threshold or the list changes so it is covered, the owner must tell the State commission and the local emergency planning committee within 60 days. The State emergency response commission must tell the Administrator about each facility notice it gets and each facility the Governor or commission adds.