Subpart C -- Planning and Preparedness
Sec
300.200 General.
300.205 Planning and coordination
structure.
300.210 Federal contingency plans.
300.215 Title III local emergency
response plans.
300.220 Related Title III issues.
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40 CFR §300.200
This subpart summarizes emergency preparedness activities
relating to discharges of oil and releases of hazardous
substances, pollutants, or contaminants; describes the federal,
state, and local planning structure; provides for three levels of
federal contingency plans; and cross-references state and local
emergency preparedness activities under SARA Title III, also
known as the "Emergency Planning and Community Right-to-Know
Act of 1986'' but referred to herein as "Title III.''
Regulations implementing Title III are codified at 40 CFR
subchapter J.
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§300.205
(a) National. As described in §300.110, the NRT is responsible
for national planning and coordination.
(b) Regional. As described in §300.115, the RRTs are responsible
for regional planning and coordination.
(c) State. As provided by sections 301 and 303 of SARA, the state
emergency response commission (SERC) of each state, appointed by
the Governor, is to designate emergency planning districts,
appoint local emergency planning committees (LEPCs), supervise
and coordinate their activities, and review local emergency
response plans, which are described in §300.215. The SERC also
is to establish procedures for receiving and processing requests
from the public for information generated by Title III reporting
requirements and to designate an official to serve as coordinator
for information.
(d) Local. As provided by sections 301 and 303 of SARA, emergency
planning districts are designated by the SERC in order to
facilitate the preparation and implementation of emergency plans.
Each LEPC is to prepare a local emergency response plan for the
emergency planning district and establish procedures for
receiving and processing requests from the public for information
generated by Title III reporting requirements. The LEPC is to
appoint a chair and establish rules for the LEPC. The LEPC is to
designate an official to serve as coordinator for information.
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§300.210
There are three levels of federal contingency plans: The National
Plan, regional contingency plans (RCPs), and OSC contingency
plans. These plans are available for inspection at EPA regional
offices or USCG district offices. Addresses and telephone numbers
for these offices may be found in the United States Government
Manual, issued annually, or in local telephone directories.
(a) The National Contingency Plan. The purpose and objectives,
authority, and scope of the NCP are described in §§300.1
through 300.3.
(b) Regional contingency plans. The RRTs, working with the
states, shall develop federal RCPs for each standard federal
region, Alaska, Oceania in the Pacific, and the Caribbean to
coordinate timely, effective response by various federal agencies
and other organizations to discharges of oil or releases of
hazardous substances, pollutants, or contaminants. RCPs shall, as
appropriate, include information on all useful facilities and
resources in the region, from government, commercial, academic,
and other sources. To the greatest extent possible, RCPs shall
follow the format of the NCP and coordinate with state emergency
response plans, OSC contingency plans, which are described in
§300.210(c), and Title III local emergency response plans, which
are described in §300.215. Such coordination should be
accomplished by working with the SERCs in the region covered by
the RCP. RCPs shall contain lines of demarcation between the
inland and coastal zones, as mutually agreed upon by USCG and
EPA.
(c)(1) OSC contingency plans. In order to provide for a
coordinated, effective federal, state, and local response, each
OSC, in consultation with the RRT, may develop an OSC contingency
plan for response in the OSC area of responsibility. OSC
contingency plans shall be developed in all areas in the coastal
zone, because OSCs in the coastal zone have responsibility for
discharges and releases offshore, which often exceed the
jurisdiction and capabilities of other responders. Boundaries for
OSC contingency plans shall coincide with those agreed upon among
EPA, USCG, DOE, and DOD, subject to functions and authorities
delegated in Executive Order 12580, to determine OSC areas of
responsibility and should be clearly indicated in the RCP.
Jurisdictional boundaries of local emergency planning districts
established by states, described in 300.205(c), shall, as
appropriate, be considered in determining OSC areas of
responsibility. OSC areas of responsibility may include several
such local emergency planning districts, or parts of such
districts. In developing the OSC contingency plan, OSCs shall
coordinate with SERCs and LEPCs affected by the OSC area of
responsibility.
(2) The OSC contingency plan shall provide for a well-coordinated
response that is integrated and compatible with all appropriate
response plans of state, local, and other nonfederal entities,
and especially with Title III local emergency response plans,
described in §300.215, or in the OSC area of responsibility. The
OSC contingency plan shall, as appropriate, identify the probable
locations of discharges or releases; the available resources to
respond to multi-media incidents; where such resources can be
obtained; waste disposal methods and facilities consistent with
local and state plans developed under the Solid Waste Disposal
Act, 42 U.S.C. 6901 et seq.; and a local structure for responding
to discharges or releases.
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§300.215
This section describes and cross-references the regulations that
implement Title III of SARA. These regulations are codified at 40
CFR Part 355.
(a) Each LEPC is to prepare an emergency response plan in
accordance with section 303 of SARA Title III and review the plan
once a year, or more frequently as changed circumstances in the
community or at any subject facility may require. Such Title III
local emergency response plans should be closely coordinated with
applicable federal OSC contingency plans and state emergency
response plans.
(b) A facility, as defined in 40 CFR Part 355, is subject to
emergency planning requirements if an extremely hazardous
substance, as defined in 40 CFR Part 355, is present at the
facility in an amount equal to or in excess of the threshold
planning quantity established for such substance. In addition,
for the purposes of emergency planning, a Governor or SERC may
designate additional facilities that shall be subject to planning
requirements, if such designation is made after public notice and
opportunity for comment. EPA may revise the list of extremely
hazardous substances and threshold planning quantities, taking
into account the toxicity, reactivity, volatility,
dispersability, combustibility, or flammability of a substance.
Facility owners or operators are to name a facility
representative who will participate in the planning process as a
facility emergency coordinator.
(c) In accordance with section 303 of SARA, each local emergency
response plan is to include, but is not limited to, the
following:
(1) Identification of facilities subject to Title III emergency
planning requirements that are within the emergency planning
district; routes likely to be used for the transportation of
substances on the list of extremely hazardous substances; and any
additional facilities, such as hospitals or natural gas
facilities, contributing or subjected to additional risk due to
their proximity to facilities subject to Title III emergency
planning requirements;
(2) Methods and procedures to be followed by facility owners and
operators and local emergency and medical personnel to respond to
any release, as defined in 40 CFR Part 355, of extremely
hazardous substances;
(3) Designation of a community emergency coordinator and a
facility emergency coordinator for each facility subject to Title
III emergency planning requirements, who will make determinations
necessary to implement the emergency response plan;
(4) Procedures providing reliable, effective, and timely
notification by the facility emergency coordinators and the
community emergency coordinator to persons designated in the
emergency response plan, and to the public, that a release has
occurred;
(5) Methods for determining the occurrence of a release and the
area or population likely to be affected by such a release;
(6) A description of emergency equipment and facilities in the
community and at each facility in the community subject to Title
III emergency planning requirements, including an identification
of the persons responsible for such equipment and facilities;
(7) Evacuation plans, including provisions for precautionary
evacuation and alternative traffic routes;
(8) Training programs, including schedules for training of local
emergency response and medical personnel; and
(9) Methods and schedules for exercising the emergency response
plan.
(d) In accordance with section 303 of SARA, the SERC of each
state is to review the emergency response plan developed by the
LEPC of each emergency planning district and make recommendations
to the LEPC on revisions that may be necessary to ensure
coordination of the plan with emergency response plans of other
emergency planning districts. RRTs may review a local emergency
response plan at the request of the LEPC. This request should be
made by the LEPC, through the SERC and the state representative
on the RRT.
(e) Title III establishes reporting requirements that provide
useful information in developing emergency plans.
(1) Upon request from the LEPC, facility owners or operators
shall provide promptly to such LEPC information necessary for
developing and implementing the emergency response plan.
(2) Facilities required to prepare or have available a material
safety data sheet (MSDS) for a hazardous chemical, as defined in
40 CFR Part 370, under the Occupational Safety and Health Act of
1970, 29 U.S.C. 651 et seq., and regulations promulgated under
that Act, shall submit a MSDS for each hazardous chemical or a
list of hazardous chemicals to the appropriate SERC, LEPC, and
local fire department in accordance with 40 CFR Part 370.
(3) Facilities subject to the requirements of paragraph (e)(2) of
this section shall also submit an inventory form to the SERC,
LEPC, and the local fire department, which contains an estimate
of the maximum amount of hazardous chemicals present at the
facility during the preceding year, an estimate of the average
daily amount of hazardous chemicals at the facility, and the
location of these hazardous chemicals at the facility, in
accordance with 40 CFR Part 370.
(4) Certain facilities with 10 or more employees and which
manufacture, process, or use a toxic chemical, as defined in 40
CFR Part 372, in excess of a statutorily prescribed quantity,
shall submit annual information on the chemical and releases of
the chemical into the environment to EPA and the state in
accordance with 40 CFR Part 372.
(f) Immediately after a release of an extremely hazardous
substance, or a hazardous substance subject to the notification
requirements of CERCLA section 103(a), the owner or operator of a
facility, as defined in 40 CFR Part 355, shall notify the
community emergency coordinator for the appropriate LEPC and the
appropriate SERC in accordance with 40 CFR Part 355. As soon as
practicable after such a release has occurred, the facility owner
or operator shall provide a written follow-up emergency notice,
or notices, if more information becomes available, setting forth
and updating the information contained in the initial release
notification and including additional information with respect to
response actions taken, health risks associated with the release,
and, where appropriate, advice regarding medical attention
necessary for exposed individuals. For releases of hazardous
substances subject to the notification requirements of CERCLA
section 103(a), immediate notification must also be made to the
NRC, as provided in §300.405(b).
(g) Title III requires public access to information submitted
pursuant to its reporting requirements. Each emergency response
plan, MSDS, inventory form, toxic chemical release form, and
follow-up emergency release notification is to be made available
to the general public during normal working hours at the
location(s) designated by the EPA Administrator, Governor, SERC,
or LEPC, as appropriate.
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§300.220
Other related Title III requirements are found in 40 CFR Part
355.
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