Does the statute allow the state to designate facilities which produce, use, or store certain quantities of liquified petroleum gas as emergency planning facilities?
EPA considers the designation of additional facilities to be accomplished through naming individual sites or companies, or by designation of certain classes of facilities as newly covered by the emergency planning provisions of the Act. The classification scheme is one which is basically left to the Governor or the state or the SERC, after public notice and opportunity for comment.
Designating facilities under Section 302(b)(2), even by targeting the facilities by the chemicals which they use or store does not have the effect of expanding the list of extremely hazardous substances (EHSs). Designating facilities under this provision only has the effect of subjecting these facilities to the emergency planning provisions of Subtitle A. Therefore, these facilities would not be subject to release reporting under Section 304, unless they also had listed chemicals, nor reporting at the lower of the threshold planning quantity or 500 pounds, under Section 311 and 312, because no substances have been added to the EHS list.