(a) Except as provided in paragraph (b) of this section, the owner or operator of a stationary source with Program 2 and Program 3 processes shall comply with the requirements of Sec. 68.95.
(b) The owner or operator of stationary source whose employees will not respond to accidental releases of regulated substances need not comply with Sec. 68.95 of this part provided that they meet the following:
(1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under 42 U.S.C. 11003;
(2) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the owner or operator has coordinated response actions with the local fire department; and
(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.