Current through Register Vol. 48, No. 38, September 20, 2024
a) Substances
A substance is subject to the requirements of the USEPA's
list of extremely hazardous substances as covered in Section 302(a) of the Act.
For the purpose of this Section, Section 302(a) of the Act establishes the
requirements by which threshold planning quantities of a substance shall be
determined.
b) Facilities
1) Any facility is subject to the
requirements of this Section if that facility has present a substance referred
to in Section 302(a) of the Act and specifically listed in 40 CFR 355, Appendix
A, in an amount in excess of the threshold planning quantity established for
such substance in 40 CFR 355, Appendix A. This shall be in compliance with
Section 302(b)(1) of the Act.
2)
The Governor or SERC may designate additional facilities in accordance with
Section 302(b)(2) of the Act as follows: For purposes of emergency planning,
the Governor or SERC may designate facilities which shall be subject to the
requirements of the Act if such a designation is made after public notice and
opportunity for comment. The Governor or SERC shall notify the facility
concerned of any facility designation under this subsection (b)(2). Public
notice will be made through trade associations and newspapers and there will be
a 30-day comment period before a facility is subject to the emergency planning
and notification requirements. The Agency will notify facilities so designated
by mail.
c) Emergency
Planning Notification
1) No later than May
17, 1987, the owner or operator of a facility subject to the requirements of
subsection(b)(1) of this Section and Section 302(c) of the Act ( 42 USCA
11002(c)) shall notify the SERC that their facility is subject to those
requirements. The notification shall be in writing. The notification shall
include the name of the business and the address and the county of the facility
where the substance is located. The letter shall be addressed to: Manager,
Hazardous Materials Compliance and Enforcement, Illinois Emergency Management
Agency, 110 East Adams, Springfield, Illinois 62701-1109.
2) After May 17, 1987, if a substance on the
list of extremely hazardous substances first becomes present at such facility
in excess of the threshold planning quantity established for such substance, or
if there is a revision of such list and the facility has present a substance on
the revised list in excess of the threshold planning quantity established for
such substance, the owner or operator of the facility shall notify the SERC and
the local emergency planning committee in the planning district where the
facility is located within 60 days after such acquisition or revision that such
facility is subject to the requirements of this Part. The notification shall be
in writing.
d) The local
emergency planning committee shall ensure that the local emergency preparedness
plan is amended to include any facility in their district that sends
notification pursuant to subsection (c) of this Section.
e) The SERC shall mail emergency planning
notification data to the USEPA in accordance with Section 302(d) of the
Act.
