United States Office of Solid Waste EPA 540-F-12-001
Environmental Protection and Emergency Response March 2012
Agency www.epa.gov/emergencies
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
Final Rule for Extremely Hazardous Substances (EHS) and
Threshold Planning Quantities (TPQs) for Solids in Solutions
Introduction
EPA is taking final action to revise the way in which regulated facilities apply the threshold planning
quantities (TPQs) for Extremely Hazardous Substances (EHSs) that are non-reactive solid chemicals
in solution form. Facilities with a non-reactive EHS solid in solution are subject to the Emergency
Planning requirements of section 302 of the Emergency Planning and Community Right-to-Know Act
(EPCRA) if the on-site amount of a non-reactive EHS solid in solution, when multiplied by 0.2, equals
or exceeds the lower published TPQ. This modification of the application of TPQs for non-reactive
EHS solids in solution is based on currently available data that show less potential for the solid in
solution to remain airborne in the event of an accidental release. EPA is also clarifying that the use of
the reducing factor of 0.2 for EHS solids in solution used for emergency planning notification under 40
CFR part 355 should not be used for compliance with hazardous chemical reporting requirements
under 40 CFR 370.10.
Who is Affected by This Rule?
Organizations and facilities subject to section 302 of the Emergency Planning and Community Right-
to-Know Act (EPCRA) and its implementing regulations found in 40 CFR 355 subpart B may be
affected by this rule. To determine whether your facility is affected by this action, you should carefully
examine the applicability provisions of 40 CFR part 355. This final action will neither increase nor
decrease requirements for State Emergency Response Commissions (SERCs), Tribal Emergency
Response Commissions and Local Emergency Planning Committees (LEPCs).
There are 157 EHS chemicals that are non-reactive solids at ambient temperature, which could
potentially be affected by this change, if they are handled by facilities in a solution form (the affected
chemicals are identified in Appendix C of the Technical Support Document, which in is the docket to
this rule). These 157 chemicals also appear with two TPQs (the higher TPQ is 10,000 pounds) in
Appendices A and B of 40 CFR part 355. Additionally, this rule will not apply for the 12 solid EHS
chemicals that are reactive solids (denoted with "a" in the "Notes" column of Appendices A and B of
40 CFR part 355).
Why is EPA Proposing These Changes?
On October 11, 2000, Syngenta (formerly Zeneca, formerly ICI Americas) filed a lawsuit requesting
EPA to either delete paraquat dichloride from the Extremely Hazardous Substances (EHS) list or
raise its Threshold Planning Quantity (TPQ). In 1994, EPA had previously denied their petition to
delete the chemical. Syngenta claimed:
• The inhalation toxicity tests using very small particles are not relevant data to use for
listing the chemical as an EHS.
Office of Emergency Management 1 Factsheet
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EPCRA: EHS TPQ Solids in Solutions March 2012
• It is highly unlikely that inhalable particles or vapors of paraquat dichloride could be
become airborne during an accidental release. Paraquat dichloride is only manufactured,
processed, and used in solution form and it has a very low vapor pressure.
• EPA did not explain why a greater potential for airborne dispersion for solids in solution
exists as opposed to liquid chemicals when setting the TPQs.
On January 31, 2003, the court granted EPA's motion for voluntary remand to reconsider the petition
and dismissed Syngenta's complaint. In a letter to Syngenta on November 21, 2003, EPA reaffirmed
its denial to delete paraquat dichloride from the EHS list based on its inhalation toxicity. However, the
Agency agreed to consider a revision to the TPQ for paraquat dichloride in the context of a proposed
rule to amend the TPQ for all EHS chemicals handled as solids in solution.
On April 15, 2011, EPA published a proposed rule that would allow facilities who have a non-reactive
solid EHS in solution to multiply the on-site amount of the solid in solution form by 0.2 and then
determine if this reduced quantity equals or exceeds its lower published TPQ.
What is EPA's Rationale for the TPQ Changes?
While compiling the new TPQ changes, EPA took several factors into account. Such factors included:
• Rationale for development of existing TPQs;
• Syngenta's petition for changing paraquat dichloride's TPQ and the claims against EPA;
• The basis for the existing TPQs for solids in solutions; and
• Data on airborne dispersion of solids in solution.
What Are the Economic Impacts of the TPQ Changes?
For facilities with a non-reactive EHS that exists as a solid in solution, the emergency planning
notification was required if the amount of solid by weight meets or exceeds the lower published TPQ
for that chemical. Non-reactive solid EHSs have another higher TPQ of 10,000 pounds that applies
only if the EHS is not in solution, has a particle size equal to or greater than 100 microns, is not
molten, and does not have a National Fire Protection Association reactivity rating of 2, 3, or 4.
The final rule would subject facilities with a solid EHS in solution to the emergency planning
requirements if the on-site amount of non-reactive EHS solid in solution, when multiplied by 0.2,
equals or exceeds the lower published TPQ. The effect would be to allow facilities to have up to a
five times larger amount on-site of a non-reactive EHS solid in solution than before, without being
subject to the above emergency planning requirements.
Facilities that have already complied with emergency planning notification are required to notify their
LEPC if the amount of a non-reactive EHS solid in solution no longer equals or exceeds its lower TPQ
when using the new application. EPA expects that this final rule will neither increase nor decrease
the burden for facilities who have already complied.
Where Do I Go For More Information?
For more information on the final rule, please visit the EPCRA page located on the OEM Web site:
http://www.epa.gov/emergencies/lawsregs.htm
Office of Emergency Management 2 Factsheet
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