42 USC 11002 - Substances and facilities covered and notification

U.S Code last checked for updates: Nov 22, 2024

§ 11002.

Substances and facilities covered and notification

(a)

Substances covered

(1)

In general

(2)

List of extremely hazardous substances

(3)

Thresholds

(A)

At the time the list referred to in paragraph (2) is published the Administrator shall—

(i)

publish an interim final regulation establishing a threshold planning quantity for each substance on the list, taking into account the criteria described in paragraph (4), and

(ii)

initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for each substance on the list.

(B)

The threshold planning quantities may, at the Administrator’s discretion, be based on classes of chemicals or categories of facilities.

(C)

If the Administrator fails to publish an interim final regulation establishing a threshold planning quantity for a substance within 30 days after October 17, 1986, the threshold planning quantity for the substance shall be 2 pounds until such time as the Administrator publishes regulations establishing a threshold for the substance.

(4)

Revisions

(b)

Facilities covered

(1)

Except as provided in section 11004 of this title, a facility is subject to the requirements of this subchapter if a substance on the list referred to in subsection (a) is present at the facility in an amount in excess of the threshold planning quantity established for such substance.

(2)

For purposes of emergency planning, a Governor or a State emergency response commission may designate additional facilities which shall be subject to the requirements of this subchapter, if such designation is made after public notice and opportunity for comment. The Governor or State emergency response commission shall notify the facility concerned of any facility designation under this paragraph.

(c)

Emergency planning notification

(d)

Notification of Administrator

The State emergency response commission shall notify the Administrator of facilities subject to the requirements of this subchapter by notifying the Administrator of—

(1)

each notification received from a facility under subsection (c), and

(2)

each facility designated by the Governor or State emergency response commission under subsection (b)(2).

(Pub. L. 99–499, title III, § 302, Oct. 17, 1986, 100 Stat. 1730.)

cite as: 42 USC 11002