Section 302 requires a facility to send a one-time, written notification to the Virginia Emergency Response Council (VERC) and its jurisdictional Local Emergency Planning Committee (LEPC) if the presence of an Extremely Hazardous Substance (EHS) at the facility, at any one time, exceeds or equals the applicable threshold planning quantity (TPQ).
Regulation: [40 CFR, Parts 355, Section 30]
Threshold planning quantities for Extremely Hazardous Substances can be one of 1, 10, 100, 500, or 1,000 pounds. A list of Extremely Hazardous Substances is provided here for your information: EHS Chemical Listing
The requirement offers a De Minimis Exemption from reporting if the amount of an Extremely Hazardous Substance present in a mixture, solution, or formulations is equal to or less than 1% by weight. It is considered de minimis and does not have to be considered in determining whether a TPQ has been exceeded.
e.g.: Company Y produces 800,000 lbs. of Product A containing 0.5% of EHS-A. EHS-A has a TPQ of 500 lbs.: (800,000 x 0.5%) = 4,000 lbs. of EHS-A
(not required to report due to de minimis level in EHS-A)
Currently, there are 356 Extremely Hazardous Substances listed. EPA lists them based on toxicity, reactivity, volatility, dispersability, combustibility, or flammability. EPA may add or delist Extremely Hazardous Substances based on research/new data. However, businesses may petition EPA to delist an Extremely Hazardous Substance.
VERC Mailing Address
Virginia Emergency Response Council
c/o Virginia DEQ
SARA Title III Program
PO Box 1105
Richmond, VA 23218
Attn: Sanjay Thirunagari
LEPC Contact Listing