Emergency Planning Notification Requirement
40 CFR Part 355
Reflects Final Rule Changes
On December 3, 2008 EPA finalized reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA). Please note that throughout this guidance, the term "you" or "your" refer to the owner or operator of a facility.
You must comply with the emergency planning requirements if your facility meets either of the following two bulleted conditions.
- Any extremely hazardous substance (EHS) is present at your facility in an amount equal to or greater than its threshold planning quantity (TPQ), or
- Your facility has been designated for emergency planning purposes, after public notice and opportunity for comment, by one of the following three entities:
- The State Emergency Response Commission (SERC).
- The Governor of the State in which your facility is located.
- The Chief Executive officer of the tribe for the Indian Tribe under whose jurisdiction your facility is located.
What substances do the emergency planning requirements apply ?
40 CFR section 355.11
The emergency planning requirements apply to any EHS listed in the Final Rule
, Appendices A and B of 40 CFR part 355. Additionally, if a facility is designated for emergency planning purposes, substances that are not EHSs at this facility may become subject to the emergency planning requirements.
What quantities of EHS trigger emergency planning requirements ?
40 CFR section 355.12
Any EHS present at your facility in an amount equal to or greater than its TPQ triggers the emergency planning requirements. The TPQs are listed in Final Rule
, Appendices A and B of 40 CFR part 355 in the column labeled "threshold planning quantity."
How do I calculate the quantity of an EHS present in mixtures, solid form or certain forms of solids?
- 355.13 for mixtures
- 355.15 or for specifics
- 355.16 for certain forms of solids
- solid in powered form with a particle size less than 100 microns;
- solid in solution; and
- solid in molten form.
Emergency Planning Notification
You must provide notice to the SERC and the LEPC(PDF). Within 60 days after your facility first becomes subject to the requirements. If no LEPC exists for your facility at the time you are required to provide emergency planning notification, then you should report to the LEPC within 30 days after an LEPC is established for the emergency planning district in which your facility is located or report to the SERC.
Facility Emergency Coordinator
You must designate a facility representative who will participate in the local emergency planning process as a facility emergency response coordinator. You must provide notice of this facility representative to the LEPC (PDF) or the SERC, if there is no LEPC.
Changes Relevant to Emergency Planning
You must provide notice of any changes occurring at your facility that may be relevant to emergency planning to the LEPC (PDF) within 30 days after the changes have occurred. Changes relevant to emergency planning may include, but not be limited to:
- notifying that facility is no longer in operation,
- new EHSs are present at the facility,
- EHSs are moved to a different location at the facility, or
- EHSs are no longer present at the facility, etc.
You must provide promptly any information necessary for developing or implementing the local emergency plan, if the LEPC requests it.
Where can I find an electronic copy of the Final Rule 40 CFR section 355?
Persons involved in emergency management and emergency preparedness planning should review the regulations Final Rule (PDF) 40 CFR sections 355 and 370.
Format used to Submit Information to the SERC
If any of the information is submitted to the SERC, use Section 302-Emergency Planning Notification Form (PDF or Word Form
). If the information is submitted to the LEPC, the LEPC may have its own form that it wishes you to use.
For further information, please contact the Connecticut State Emergency Response Commission at 860-424-3373, by email to email@example.com
or write to:
State Emergency Response Commission
c/o Department of Energy and Environmental Protection
Emergency Response and Spill Prevention Division
79 Elm Street, 4th Floor
Hartford, CT 06106-5127
This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes, regulations and EPA Instructions for the specifics. This document should not be relied upon to determine whether or not a notification form is required. It is the responsibility of the facility owner or operator to obtain and comply with all required reporting requirements.
Content Last Updated on June 14, 2012