On March 22, the Environmental Protection Agency quietly revised 40 CFR Part 355, with respect to how the threshold planning quantities (TPQs) should be derived for Extremely Hazardous Substances (EHSs) that are non-reactive solids in solution. Effective April 23, 2012, a facility should first multiply the weight of the solid EHS in solution by 0.2 and then compare that quantity to the lower published TPQ. Formerly, 100% of the weight of the solid in solution would be compared to the TPQ.
In a regulatory landscape littered with TPQs, RQs (reportable quantities), TRI Thresholds and Clean Air Act TQs (threshold quantities) applied to EHSs, CERCLA Hazardous Substances, Section 313 Toxic Chemicals and Section 112(r) Substances for Accidental Release Prevention among other chemical lists, what is the actual impact of this change? Where do we find regulatory relief?
The TPQ is used to determine whether Section 302/303 notification is required under the Emergency Planning and Community Right-to-Know Act (EPCRA). This notification applies to any facility that stores an EHS in a quantity exceeding the lesser of its TPQ or 500 pounds. If so, the facility must notify the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) that it is subject to emergency planning requirements in 40 CFR Part 355. It also must designate a facility emergency coordinator to participate in the local emergency planning process, and notify the LEPC of any facility changes that would be relevant to emergency planning.
The change in the method to determine the Threshold Planning Quantity of a solid EHS in solution does not affect:
- reporting of releases of EHSs, which are based on the RQ of the chemical, not the TPQ.
- annual hazardous chemical inventory reporting under 40 CFR Part 370 (e.g., Tier II reports). An EHS must be reported if its quantity on-site exceeds the lesser of the TPQ or 500 pounds, but the reducing factor for solids in solution does not apply.
- and, well, just about any other regulatory requirement under EPCRA.
Need assistance in determining if your facility is subject to EPCRA? Or maybe, just a glossary explaining what all these acronyms actually mean? Contact T. Cozzie Consulting or leave a comment (we will review and reply but not publish your comment if you ask that it be kept in confidence).