[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Proposed Rules]
[Pages 31268-31317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14490]
[[Page 31267]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 355 and 370
Emergency Planning and Community Right-to-Know Programs; Amendments to
Hazardous Chemical Reporting Thresholds, Streamlining Requirements;
Proposed Rule
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed
Rules
[[Page 31268]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 355 and 370
[FR-6103-7]
RIN 2050-AE17
Emergency Planning and Community Right-to-Know Programs;
Amendments to Hazardous Chemical Reporting Thresholds, Streamlining
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing modifications to 40 CFR parts 355 and 370,
which are the regulations implementing sections 302, 303, 304, 311 and
312 of the Emergency Planning and Community Right-To-Know Act (EPCRA).
These rules cover requirements for emergency planning and release
notification, and hazardous chemical community right-to-know reporting
under EPCRA. The proposed changes are intended to reduce reporting
burdens, while preserving the important public health and safety
benefits of the hazardous chemical reporting requirements. EPA is
proposing to raise the reporting thresholds for gasoline and diesel
fuel in underground tanks at retail gas stations, and to set new
reporting thresholds for some additional hazardous chemicals, under
sections 311 and 312. EPA is also proposing to make clarifying changes
to the mixture requirements under sections 311 and 312. In addition,
EPA is publishing draft guidance as part of the preamble of this
document to provide States and local governments with more discretion
in implementing the federal requirements--this guidance would not be
binding and does not involve any regulatory changes, as discussed
further in this preamble. EPA believes the elimination of unnecessary
reporting will help focus emergency prevention and planning on more
significant hazards. EPA is also proposing to rewrite 40 CFR parts 355
and 370 to make them easier to understand and to use. (However, the
rewrite is not intended to make any substantive revision to the
existing rules; substantive changes are limited to the revisions
specifically proposed in this document.) Improving the clarity of
regulatory requirements will make the rules easier to understand and
improve compliance.
DATES: Comments must be submitted in writing and must be received at
the address specified below on or before September 8, 1998.
ADDRESSES: Please reference Docket Number 300RR-IF1. By Mail: Mail
original and three copies of comments (no facsimiles or tapes) to
Docket Coordinator, Headquarters; U.S. EPA; CERCLA Docket Office; (Mail
Code 5201G); 401 M Street, SW; Washington, DC 20460; 703/603-9232.
By Federal Express: Send original and three copies of comments (no
facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. EPA;
CERCLA Docket Office; 1235 Jefferson Davis Highway; Crystal Gateway #1,
First Floor; Arlington, VA 22202.
By E-Mail: Comments in ASCII format only may be mailed directly to
SUPERFUND.DOCKET@ EPAMAIL.EPA.GOV. E-mailed comments must be followed-
up by an original and three copies sent by mail or Federal Express.
Don't submit confidential business information through e-mail.
The docket, which is the administrative record for parts 355 and
370, is available for inspection between the hours of 9 a.m. and 4
p.m., Monday through Friday, excluding Federal holidays. You can make
an appointment to review the docket by calling 703/603-9232. You may
copy a maximum of 266 pages from any regulatory docket at no cost. If
the number of pages copied exceeds 266, however, you will be charged an
administrative fee of $25 and a charge of $0.15 per page for each page
after 266. The docket will mail copies of materials to you if you are
outside of the Washington, DC metropolitan area.
FOR FURTHER INFORMATION CONTACT: Meg Victor or John Ferris, Chemical
Emergency Preparedness and Prevention Office, MC 5104, U.S. EPA, 401 M
Street SW, Washington, DC 20460, 202/260-1379 or 202/260-4043. Also
contact the RCRA/UST, Superfund, and EPCRA Hotline (the Hotline) at
800/424-9346 (in the Washington, DC metropolitan area, contact 703/412-
9810). The Telecommunications Device for the Deaf (TDD) Hotline number
is 800/535-7672 (in the Washington, DC metropolitan area, 703/412-
3323). You may wish to visit the Chemical Emergency Preparedness and
Prevention Office (CEPPO) Internet site, at www.epa.gov/ceppo.
SUPPLEMENTARY INFORMATION: The contents of the SUPPLEMENTARY
INFORMATION section of today's preamble are listed in the following
outline:
I. Who is Affected by This Rule?
II. What is the Statutory Authority for This Rule?
III. What is the Background of This Rulemaking?
IV. What Regulatory Changes is EPA Proposing in This Rule?
A. Principal Regulatory Changes
1. Higher Threshold Levels for Gasoline and Diesel Fuel at
Retail Gas Stations When Stored in Tanks Entirely Underground and in
Compliance With Underground Storage Tank Regulations
2. Relief From Routine Reporting for Substances With Minimal
Hazards and Minimal Risks Under EPCRA Sections 311 and 312
3. Relief From Routine Reporting for Sand, Gravel and Rock Salt
Under EPCRA Sections 311 and 312
B. Other Regulatory Changes
1. Reporting of Mixtures Under EPCRA Sections 311 and 312
2. Tier I and Tier II Inventory Forms and Instructions
3. Penalties for Noncompliance
4. Facility Identifier as a Tier I and Tier II Information
Requirement
5. Additional Changes to the Parts 355 and 370 Regulations
6. Definitions
V. What Draft Guidance is EPA Publishing in This Preamble?
A. Increased Flexibility for States and Local Governments With
Respect to Reporting Under EPCRA Sections 311 and 312
1. UST Forms to Fulfill the Requirements for Tier I Information
Under EPCRA Section 312
2. Partnership Programs for Joint Access to Information and
Streamlined Submission of EPCRA Sections 311 and 312 Reporting
3. Electronic Submittal for EPCRA Sections 311 and 312 Reporting
4. Incorporation of Previous Submissions Into EPCRA Section 312
Reporting
B. Electronic Access to Facilities' Databases of MSDSs
C. Interpretation of the Hazardous Chemical Exemption for Solids
Under EPCRA Section 311(e)(2)
D. EPCRA Section 312 Reporting to Fulfill Reporting Requirements
Under Section 311
E. Emergency Planning Notification
F. Emergency Release Notification
VI. What Else is Different About This Rule?
A. Plain English Format
B. Conversion Table
VII. Where are SERCs and LEPCs Listed?
VIII. Regulatory Analyses
A. Executive Order No. 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Unfunded Mandates Reform Act
E. Environmental Justice
F. National Technology Transfer and Advancement Act
G. Executive Order No. 13045
I. Who Is Affected by This Rule?
Three general categories of entities are affected by this rule.
These three categories are industry, Federal government, and State and
local governments. Numerous entities within each general category are
regulated by
[[Page 31269]]
this rule. Regulated categories and entities include:
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Category Regulated entities
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Industry..................... Retail gasoline service stations,
Chemical storage and processing.
Federal Government........... Executive Order 12856 requires all
Federal agencies to comply with EPCRA.
State and Local Governments.. State Emergency Response Commissions
(SERCs) and Local Emergency Planning
Committees (LEPCs) receive the
information provided under EPCRA
sections 302, 304, 311 and 312. LEPCs
receive information provided under EPCRA
section 303. Fire departments receive
the information provided under EPCRA
sections 311 and 312. State/local
government facilities handling chemicals
may be subject to this regulation.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather to provide
a guide for readers regulated by this action. To determine whether or
not your facility is regulated by this action, you should carefully
examine the sections in today's proposed rule explaining who must
comply with the rule. If you have questions regarding the applicability
of this action to a particular entity, consult one of the persons
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
II. What Is the Statutory Authority for This Rule?
This proposed rule is issued under the Emergency Planning and
Community Right-To-Know Act of 1986 (EPCRA), which was enacted by Title
III of the Superfund Amendments and Reauthorization Act of 1986, (Pub.
L. 99-499). EPCRA established a program to encourage state and local
planning and preparedness for releases of extremely hazardous
substances, and to provide the public, local governments, fire
departments and other emergency officials with information concerning
chemical releases and the potential chemical risks in their
communities.
III. What Is the Background of This Rulemaking?
In 1986, EPCRA created requirements regarding planning and
preparedness for chemical emergencies, and public access to information
concerning potential chemical hazards. EPA established implementing
regulations at 40 CFR parts 355 and 370. Today EPA is proposing
modifications to several of the regulations that implement the
emergency planning, emergency release notification, and the hazardous
chemical community right-to-know portions of the EPCRA program (this
rulemaking does not effect the implementation of EPCRA section 313, 40
CFR part 372, in any way). The proposed revisions are intended to
reduce costs to individuals, businesses and other levels of government,
while continuing to achieve EPCRA's environmental goals. These changes
are proposed as part of EPA's ongoing efforts to streamline regulatory
requirements. In addition, EPA is proposing draft guidance that does
not involve regulatory revisions but explores flexible options to meet
the existing regulations. EPA also is proposing to rewrite the
emergency planning and hazardous chemical community right-to-know
portions of the EPCRA regulations in plain English, in order to reduce
regulatory burdens and improve compliance. Only the regulatory
revisions specifically discussed in part IV below involve substantive
changes to the existing rule. The rewrite of the existing regulations
in plain English is intended merely to restate the existing regulations
in a format that makes them easier to understand.
In 1990, section 112(r) of the amended Clean Air Act (CAA)
established requirements regarding the prevention and detection of
accidental releases of hazardous chemicals. The Risk Management Program
(RMP) established under those requirements, codified at 40 CFR part 68,
is an extension of the planning and preparedness programs established
under EPCRA. A specific facility may be subject to the RMP requirements
under CAA section 112(r) as well as the planning and preparedness
programs under EPCRA. EPA has considered the relationship between these
programs while developing today's proposed rule.
IV. What Regulatory Changes Is EPA Proposing in This Rule?
EPA seeks public comment on the specific regulatory revisions
addressed below. However, EPA is not reconsidering and is not seeking
public input on any other aspects of the existing regulations that are
not subject to substantive revision.
A. Principal Regulatory Changes
In today's proposed rulemaking, EPA is exploring innovative ways to
improve the efficiency of the reporting requirements under sections 311
and 312 of EPCRA, and provide regulatory relief, while continuing to
protect public health and the environment. This action is proposed as
part of EPA's ongoing efforts at regulatory reinvention. EPA based the
following proposed changes to the regulatory requirements on input from
various stakeholders including States and local emergency planning
committees (LEPCs), and on the experience gained through implementing
the EPCRA program at the Federal, State and local levels over the past
ten years.
The proposed regulatory changes are discussed below:
1. Higher Threshold Levels for Gasoline and Diesel Fuel at Retail Gas
Stations When Stored in Tanks Entirely Underground and in Compliance
With Underground Storage Tank Regulations
The reporting requirements under sections 311 and 312 of EPCRA are
intended to enhance communities' and emergency response officials'
awareness of chemical hazards, and to facilitate the development of
State and local emergency response plans, thereby aiding communities
and emergency response officials in preparing for and responding to
emergencies safely and effectively. EPA would like to achieve a sound
balance between the amount of information generated for the public
under sections 311 and 312, and the value of that information. In an
effort to streamline reporting requirements, EPA assessed the
usefulness and benefit of the information reported under sections 311
and 312 for various industries. EPA considered the input from
stakeholders in making this evaluation.
As described in more detail below, EPA is proposing to establish
higher reporting thresholds for gasoline and diesel fuel stored
underground at retail gas stations. Both sections 311(b) and 312(b) of
EPCRA give EPA general authority to establish threshold quantities for
hazardous chemicals below which reporting is not required. Both
statutory provisions also state that, in EPA's discretion, the
thresholds may be based on classes of chemicals or categories of
facilities. Thus, under the
[[Page 31270]]
statute, EPA's authority to establish thresholds includes but is not
limited to thresholds that are based on classes of chemicals or
categories of facilities. Congress broadly empowered EPA to establish
thresholds so that EPA could ``provide for the development of a
manageable program.'' H.R. Rep. No. 962, 99th Cong., 2d Sess. 1986
(Conf. Rpt.) reprinted in Senate Comm. on Environment and Public Works,
101st Cong., 2d Sess., A Legislative History of the Superfund
Amendments and Reauthorization Act of 1986 (Pub. L. 99-499), vol. 6 at
5104 (hereinafter ``Conference Report''). The legislative history also
calls for EPA, in establishing thresholds under section 312(b), to
``consider the degree to which the hazardous chemical, if released at
the facility, would endanger the health of individuals in the
community, including emergency response personnel.'' Conference Report
at 5104-5105.
EPA believes that gasoline and diesel fuel, when stored entirely
underground at retail gas stations, and in compliance with the
Underground Storage Tank (UST) regulations under 40 CFR part 280,
present a unique situation for which separate reporting thresholds
under EPCRA sections 311 and 312 are warranted. Factors contributing to
the uniqueness of this situation, and which EPA considered in
establishing the higher reporting thresholds, include the following.
(1) Community Right-to-Know
The public and local emergency officials are generally familiar
with the location of retail gas stations, are aware that these
facilities have gasoline and diesel fuel, and can typically discern the
general storage location of the gasoline and diesel fuel at the
facility. In fact, retail gas stations prominently advertise the
presence of gasoline and diesel fuel at their facilities, encourage the
public to come on site, and often permit the public to dispense the
gasoline and diesel fuel themselves. For example, the public can
readily determine the location of a retail gasoline station by looking
in the telephone books. Because the primary business of retail gasoline
stations includes the sale of gasoline and diesel fuel, the public can
be certain that a facility stores these substances without the need for
reporting under sections 311 and 312 of EPCRA. Thus, the community's
right-to-know about the presence of gasoline and diesel fuel at retail
gas stations is largely satisfied without routine reporting.
(2) Public Knowledge of Hazards
The public and local emergency officials generally are aware of the
hazards associated with gasoline and diesel fuel, so the community's
right-to-know about the hazards of those substances is also addressed
independent of routine reporting.
(3) Storage Entirely Underground
Retail gas stations typically store gasoline and diesel fuel in
tanks that are entirely underground, which generally mitigates the risk
of catastrophic release.
(4) Subject to UST Regulations
Underground storage tanks are regulated under the Resource
Conservation and Recovery Act (RCRA), so a comprehensive regulatory
program is in place that establishes standards for the safe performance
and operation of USTs. Additionally, retail gas stations provide
notification of their gasoline and diesel fuel under the UST program.
EPA believes that each of these four factors alone wouldn't
necessarily warrant separate reporting thresholds, but that in
combination these factors present a unique situation for gasoline and
diesel fuel in this industry category. Considering these factors
together, EPA believes that excluding retail gas stations from the
requirement to report material safety data sheets (MSDSs) and annual
Tier I information for gasoline and diesel fuel (when held in typical
amounts in tanks that are entirely underground, and in compliance with
the UST regulations) will promote a more manageable EPCRA program while
still protecting the public health and safety of individuals in the
community and emergency response officials. EPA acknowledges that
gasoline and diesel fuel are flammable and toxic, and that they have
the potential to pose a hazard to the community including emergency
responders. However, for the reasons stated above, EPA believes that
these substances need not be routinely reported under EPCRA when stored
in tanks entirely underground in typical amounts and in compliance with
the UST regulations, at retail gas stations.
Consequently, in today's rule EPA is proposing to raise the
reporting threshold with respect to sections 311 and 312 of EPCRA, for
gasoline and diesel fuel when stored entirely underground and in
compliance with the UST regulations, at retail gas stations in typical
amounts. EPA's intent is to establish new thresholds corresponding to
amounts just higher than the typical total amounts of gasoline and
diesel fuel held at retail gas stations, so that facilities with
typical capacities would be relieved from reporting. EPA's intent is to
set the thresholds at the upper bound of the amounts typically stored
at retail gas stations, so that facilities with greater than typical
capacities would not be relieved from routine reporting. EPA believes
that the public and emergency officials would generally be aware of the
quantity stored at typical gas stations, but might not be aware of the
amount stored at facilities with above normal inventories.
The reporting thresholds that EPA is proposing are 75,000 gallons
for all grades of gasoline combined, and 100,000 gallons for diesel
fuel, when held in tanks that are entirely underground and in
compliance with the UST regulations, at retail gas stations. EPA based
these proposed thresholds on information provided by the Service
Station Dealers of America, the Society of Independent Gas Marketers of
America, and the Petroleum Equipment Institute. A discussion of the
basis for these proposed thresholds is found in a technical memo that
you can review at the CERCLA Docket Office, in docket number 300RR-IF1
(for the address of the docket office, see the ADDRESSES section in
this preamble). For the minority of retail gas stations where gasoline
or diesel fuel are not stored entirely underground, the existing
reporting threshold of 10,000 pounds would still apply. When gasoline
and diesel fuel are not stored entirely underground, the risk of
catastrophic release is not mitigated as it generally is when these
substances are stored entirely underground. Also, when not stored in
underground storage tanks, these substances aren't regulated under the
RCRA UST program.
The reporting thresholds that EPA is proposing today are intended
to provide relief from reporting gasoline and diesel fuel stored at the
great majority of retail gas stations, including truck stops. Retail
gas stations with unusually large inventories of gasoline or diesel
fuel would still be required to report. EPA is not intending to relieve
gasoline and diesel fuel from reporting when stored at facilities other
than retail gas stations, or when stored above ground at retail gas
stations, or when stored in amounts in excess of an amount typically
found at retail gas stations.
Under this proposal, retail gas stations using underground tank
systems that do not comply with EPA's UST regulations under 40 CFR part
280 (53 FR 37082) would be subject to the current threshold of 10,000
pounds for gasoline and diesel fuel. Part 280 includes requirements for
UST system design,
[[Page 31271]]
construction, installation, operation, release detection, release
reporting, corrective action and financial responsibility. As of
December 23, 1998, part 280 will also require all UST systems to meet
certain requirements for corrosion protection and spill and overfill
prevention. Gasoline and diesel fuel stored in underground tank systems
that are not in compliance with the UST regulations would not be
eligible for the higher threshold proposed today, because the Agency
believes that they continue to pose a significant risk of release,
contamination of soil and ground water, seepage of vapors into
underground areas, and even fire and explosions. The Agency believes
that the large majority of retail facilities will be subject to the
higher thresholds in today's proposed rule, because they meet the
current UST system requirements and will meet those in effect as of
December 23, 1998.
The proposed thresholds are presented in gallons, instead of pounds
like the existing reporting thresholds under current 40 CFR part 370.
The existing reporting thresholds apply to solids, liquids and gases,
therefore the reporting threshold is in pounds in order to provide a
consistent measure for all three phases. However, because gasoline and
diesel fuel are liquids, EPA believes that facilities measure their
stock of gasoline and diesel fuel in gallons, not in pounds. In
addition, the densities of gasoline and diesel fuel vary with
temperature, grade, and time of year, so volume is a more reasonable
measure for establishing threshold quantities for these substances. EPA
requests public comment on setting the proposed thresholds in gallons
instead of pounds, and whether this would create confusion because the
other thresholds under part 370 are in pounds.
EPA also seeks public comment on its rationale for proposing to
raise the reporting thresholds for gasoline and diesel fuel stored
entirely underground, and in compliance with the UST regulations, at
retail gas stations. Additionally, EPA requests comments on the
suitability of the proposed thresholds. As noted, EPA's intent is to
establish thresholds corresponding to amounts just higher than the
typical total amounts of gasoline and diesel fuel held at retail gas
stations. EPA seeks comment on whether this approach is appropriate for
this rule, and whether the proposed amounts accurately reflect this
approach.
While this proposed regulatory change is intended to generally
provide relief from reporting MSDSs under EPCRA section 311 and annual
Tier I inventory information under EPCRA section 312, public access to
MSDSs and Tier II inventory information regarding gasoline and diesel
fuel of any quantity would be preserved in specific circumstances
because the threshold for reporting in response to a request for
information (by State or local officials) would remain zero. Section
370.21(d) of the existing rule requires that MSDSs be provided upon
request of the LEPC, and section 370.25(c) requires that Tier II
information be provided upon request of the SERC, LEPC, or fire
department with jurisdiction over a facility. Section 370.20(b)(3) in
the existing rule provides that the minimum reporting threshold for
reporting in response to a request is zero. In other words, a facility
with gasoline or diesel fuel of any quantity would continue to be
required to provide this information upon request. However, under EPCRA
section 312(e)(3)(C), and section 370.61(a) of today's proposed
regulations, if a person submits a request to a SERC or LEPC for Tier
II information regarding a hazardous chemical that a facility doesn't
store in excess of 10,000 pounds, and the SERC or LEPC does not have
the Tier II information in its possession, then the person making the
request must indicate the general need for the information; the SERC or
LEPC, as the case may be, has discretion in deciding whether to request
that information from the facility. In today's proposed rule the zero
reporting threshold for reporting in response to requests for an MSDS
or Tier II information is retained, and is found in proposed section
370.10(b). In addition, States and local governments always may choose
to establish lower thresholds under State or local law.
The terms ``gasoline'' and ``diesel fuel'' have been used without
definition in today's proposed rulemaking, because EPA believes that
the meanings of these terms are understood by the general public. It is
EPA's intention to raise the reporting thresholds under sections 311
and 312 of EPCRA for gasoline and diesel fuel, but not for any other
hydrocarbon mixtures (e.g., aviation fuel). Comments are requested
concerning whether EPA should define gasoline and diesel fuel, in order
to clarify that other types of hydrocarbon mixtures aren't subject to
the higher thresholds. EPA also seeks suggestions for technical
definitions of gasoline and diesel fuel.
The proposed regulatory text reflecting the establishment of higher
thresholds for gasoline and diesel fuel when stored entirely
underground at retail gas stations is located in section 370.10(a)(2)
of today's rulemaking. Within that proposed section, the term ``retail
gas station'' has been defined as a retail gasoline facility
principally engaged in selling gasoline to the public, and convenience
stores engaged in selling gasoline to the public, for purposes of 40
CFR part 370 regulations implementing EPCRA sections 311 and 312.
EPA proposes to raise the reporting threshold for gasoline and
diesel fuel at retail gas stations when held in tanks that are entirely
underground. EPA has chosen to use the phrase ``entirely underground''
instead of ``underground storage tank'' (UST) to establish
applicability of the proposed thresholds because, under RCRA, UST has a
specific meaning that includes tanks with a significant portion of
their volume above ground. USTs include tanks, the volume of which
(including the volume of underground pipes connected thereto) is 10
percent or more beneath the surface of the ground. In today's proposal,
EPA intends the proposed reporting thresholds to apply only to storage
in tanks that are entirely underground, which generally mitigates the
risk of catastrophic release.
EPA has had discussions with various stakeholders regarding the
establishment of a higher reporting threshold for gasoline at retail
gas stations. During those discussions, some State and local entities
expressed a desire to continue to receive information on gasoline at
retail gas stations, and a concern that they would not be able to get
the information if it were not required under Federal regulations. EPA
would like to know if these concerns are widespread among State and
local governments. In addition, EPA seeks comments from SERCs, LEPCs
and fire departments on whether the information on gasoline and diesel
fuel at retail gas stations received under sections 311 and 312 is
useful to them, and if so, how it is used. Some State entities have
also expressed concern that raising the reporting threshold for
gasoline and diesel fuel at retail gas stations may trigger other
industries to request higher thresholds. As discussed above, EPA
believes that gasoline and diesel fuel, when stored entirely
underground and in compliance with the UST regulations, at retail gas
stations, present a unique situation for which a higher reporting
threshold is warranted.
EPA understands that some States generate funds for support of
their EPCRA programs through fees collected from facilities that comply
with section 312. Such States may oppose raising the thresholds for
gasoline and diesel fuel, as proposed in today's rulemaking,
[[Page 31272]]
because of the potential for loss of revenue. EPCRA does not provide
for annual Federal funds for State implementation of the EPCRA program.
However, some Federal funds are available through EPA grants, or
through other Federal agencies, to support emergency planning and
community right-to-know programs (e.g., Hazardous Materials Emergency
Preparedness Grants administered through the Department of
Transportation). In addition, States that want to retain a fee system
that includes retail gasoline stations could choose to establish lower
thresholds for gasoline and diesel fuel under State law. EPA currently
believes that routine reporting of gasoline and diesel fuel at retail
gas stations, when stored entirely underground and in compliance with
the UST regulations, is not necessary nationwide. The Agency further
believes that the generation of fees is not sufficient justification
for requiring such reporting, and will not consider State fee
generation in its decision on whether or not to raise the reporting
threshold for gasoline and diesel fuel at retail gas stations.
EPA is soliciting comments on these proposed regulatory changes,
and on EPA's rationale for the changes. The idea of relieving retail
gas stations from routinely reporting gasoline and diesel fuel under
EPCRA sections 311 and 312 came from the suggestions of stakeholders,
including the U.S. Small Business Administration (SBA). EPA would like
to know whether there is general support among stakeholders and the
public regarding this issue. EPA has included a June 18, 1995 letter
from the Chief Counsel for Advocacy at SBA, related letters, and a
contractor report prepared for the Office of Advocacy that discusses
various regulatory alternatives for providing paperwork relief to
retail gas stations, in the CERCLA Docket Office (Docket No. 300RR-IF-
1).
EPA also seeks comment on whether or not it would be useful to
provide a specific industry classification code (or codes) to help
describe the universe of facilities to which the proposed higher
threshold for gasoline and diesel fuel would apply. In addition, EPA
seeks comments regarding whether it would be more helpful to provide a
Standard Industrial Classification (SIC) code, or a North American
Industry Classification System (NAICS) code, or both types of codes.
NAICS is a new economic classification system that replaces the 1987
SIC system. On April 9, 1997, the Office of Management and Budget
published a document in the Federal Register (62 FR 17288) regarding
the replacement of the 1987 SIC by the 1997 NAICS.
EPA believes that it can best serve the public by requiring a
manageable quantity of reporting data, which can be supplemented by
requests for additional information and the imposition of lower State
or local thresholds when appropriate. EPA's objective is to find a
sound balance between the amount of information collected, and the
public benefit served by the information. In developing this proposal,
EPA considered whether any chemicals or facilities, in addition to
gasoline and diesel fuel at retail gas stations, should be relieved of
routine reporting under sections 311 and 312 of EPCRA. EPA applied the
same four factors discussed earlier in this section to other chemicals
and facilities. For example, EPA applied the four factors to propane
retailers and determined that these entities do not meet the factors
necessary to warrant higher thresholds:
Propane--EPA considered whether the reporting threshold
for propane at propane retailers should be raised in a similar manner
as for gasoline and diesel fuel at retail gas stations. From the
perspective of community right-to-know (factor 1), the Agency believes
the public and emergency officials are less familiar with the locations
of propane retailers, and with propane itself and the associated
hazards (factor 2), than the public and emergency officials are with
gasoline and diesel fuel. EPA believes that propane is not generally
stored entirely underground (factor 3), and also is not regulated by
the UST program under RCRA (factor 4). Based on the application of the
four factors to propane retailers, EPA believes that raising the
reporting threshold under sections 311 and 312 for propane at propane
retailers would not be protective of public health and the environment,
and would not be consistent with the fundamental purposes of EPCRA.
EPA found that several other types of facilities presented
situations similar to retail gasoline stations. At this time, however,
the Agency does not believe the following facilities meet the community
right-to-know criteria (factor 1) for inclusion into this higher
reporting threshold because the public and emergency officials are
generally less familiar with the location of these facilities, and may
not know whether and where any particular facility stores gasoline and
diesel fuel. Based on this belief, EPA is not proposing to raise the
reporting threshold for the following entities. However, the Agency is
requesting comment on whether communities nationwide are in fact aware
of the location of these facilities and whether they store gasoline and
diesel fuel, and whether or not it would be appropriate to raise the
threshold for the following types of facilities.
Motor pools, van and bus lines, rental car facilities and
other vehicle fleets--EPA considered whether the proposed higher
reporting thresholds for gasoline and diesel fuel should apply to other
facilities that store gasoline or diesel fuel, such as motor pools, van
and bus lines, rental car facilities and other vehicle fleets. These
types of facilities don't retail gasoline or diesel fuel, and not all
of them have gasoline and diesel fuel. The public and local emergency
officials may not be aware of the presence of gasoline or diesel fuel
at these types of facilities and may not readily recognize these
facilities as potentially containing hazardous chemicals (factor 1). As
with retail gasoline stations, however, the public and emergency
officials are generally aware of the hazards of gasoline and diesel
(factor 2). Also, these types of facilities generally store the
chemicals entirely underground (factor 3) and the underground tanks are
subject to UST (factor 4). Nonetheless, these facilities do not
distribute gasoline and diesel fuel in a retail manner, the public may
not have access to these facilities, and the public is less likely to
know the location of these chemicals at these facilities. Because EPA
does not currently believe that these facilities meet factor 1, EPA is
not proposing to raise the reporting thresholds for gasoline and diesel
fuel at motor pools, van and bus lines, rental car facilities and other
vehicle fleets at this time.
Marinas--EPA also applied the factors to determine whether
the proposed higher reporting thresholds for gasoline and diesel fuel
should apply to marinas. Unlike retail gasoline stations, not all
marinas have gasoline. Therefore, as with the other types of facilities
discussed above, the public and local emergency officials may not be
aware of the presence of gasoline or diesel fuel at these types of
facilities or as readily recognize them as potentially containing
hazardous chemicals (factor 1). However, like gas stations, marinas
that store gasoline generally retail it to boat owners at pumps
accessible to the public. As with retail gasoline stations, the public
and emergency officials are generally aware of the hazards of gasoline
and diesel fuel (factor 2). Also, like retail gasoline stations,
marinas can store the gasoline and diesel fuel underground (factor 3)
and would be subject to UST regulations (factor 4). The Agency however,
is not proposing to raise the reporting threshold for
[[Page 31273]]
gasoline and diesel fuel when stored at marinas, at this time. Because
the public and emergency officials may not be aware of whether or not a
marina stores gasoline, the Agency believes continued reporting is
warranted.
EPA will consider all comments received regarding alternate
reporting thresholds for marinas, motor pools, van and bus lines, and
rental car facilities. EPA believes that public comment could reveal
that the public and emergency officials nationwide are aware of the
presence and location of gasoline and diesel at some or all of these
types of facilities, as at retail gas stations. If the public comments
are conclusive that such types of facilities meet the community right-
to-know criteria (factor 1), EPA may decide to add these facilities to
the final rule or issue a supplementary notice with additional
information and opportunity for public comment before making a final
decision.
Should EPA find, based on public comment, that the public and
emergency officials are aware of the presence of gasoline and diesel
fuel at these other facilities discussed here, and decide to raise
reporting thresholds for such facilities, the Agency would list the
specific types of facilities in the regulation, with appropriate
threshold levels. If EPA were to raise the reporting thresholds for
such facilities, the threshold levels would be based upon the
quantities of gasoline and diesel fuel that are routinely stored at
these facilities, so that facilities with typical capacities would be
relieved from reporting. EPA believes that the public and emergency
officials would not be aware of the amount stored at facilities with
above normal inventories, even if they were aware of the presence of
gasoline and diesel fuel at such facilities. EPA seeks data that would
assist it to determine the quantities routinely stored at such
facilities, and also on whether quantities routinely stored would be
the appropriate standards for use in establishing alternate thresholds.
Were EPA to set an alternative threshold for such facilities for
reporting of MSDSs under EPCRA section 311 and annual Tier I
information under EPCRA section 312, EPA would still preserve public
access to MSDSs and Tier II information in specific circumstances by
retaining a reporting threshold of zero for response to a request for
information by state or local officials, just as it is currently
proposing to do for retail gas stations.
2. Relief From Routine Reporting Requirements for Substances With
Minimal Hazards and Minimal Risks Under EPCRA Sections 311 and 312
A substance is subject to reporting under EPCRA sections 311 and
312 if OSHA's hazard communication standard, codified at 29 CFR
1910.1200, requires the owner or operator of a facility to prepare or
have available an MSDS for that substance. See EPCRA sections 311(a)(1)
and 312(a)(1). OSHA's hazard communication standard is designed to
promote worker safety and health; the requirements of that standard are
applicable to any hazardous chemical that is known to be present in the
workplace in such a manner that employees may be exposed under normal
conditions of use or in a foreseeable emergency. The definition of
hazardous chemical under OSHA's hazard communication standard is very
broad, and includes any chemical which is a physical hazard or a health
hazard (29 CFR 1910.1200(c)).
EPA believes that certain substances that may present a physical or
health risk to employees in the workplace, and are therefore considered
to be hazardous chemicals and subject to OSHA's hazard communication
standard, may have minimal inherent hazards and may not, depending upon
the circumstances, present a significant risk to the health of
individuals in the community, to emergency responders on-site, or to
the environment. Such substances, although important under OSHA, are
not generally of regulatory significance under EPCRA sections 311 and
312. The reporting requirements under sections 311 and 312 are intended
to enhance communities' and emergency response officials' awareness of
chemical hazards, to facilitate the development of State and local
emergency response plans, and to aid communities and emergency response
officials in preparing for and responding to emergencies safely and
effectively. Although hazardous chemical reporting under EPCRA sections
311 and 312 is not intended to duplicate the role that OSHA's hazard
communication standard has of protecting worker safety, it is intended
to extend the worker safety protection provided under OSHA to emergency
response officials. As described below, EPA proposes to provide
reporting relief for substances that are not of regulatory significance
under EPCRA, using the Agency's authority to establish reporting
thresholds. Under this proposal, relief from routine reporting means
that facilities would not need to report MSDS and inventory
information, except for reporting in response to requests for
information (the requirements for reporting in response to requests are
discussed further below). EPA intends to accomplish relief from routine
reporting by establishing infinite threshold levels for these
substances.
The current threshold levels for reporting under EPCRA sections 311
and 312 are 500 pounds (or the threshold planning quantity (TPQ),
whichever is lower) for extremely hazardous substances (EHSs), and
10,000 pounds for other hazardous chemicals. In the preamble to the
proposed rule to set these threshold levels, EPA stated that the Agency
``would have liked to establish risk-based reporting thresholds that
take into consideration the hazards posed by the chemicals, the
potential for a significant release, and the potential exposure of
surrounding populations'' (54 FR 12994, March 29, 1989). However,
because of the tens of thousands of hazardous chemicals covered under
sections 311 and 312, ``a chemical-specific approach simply was not
feasible.'' In today's proposed rule, EPA is reconsidering this
approach for chemicals that are OSHA hazardous chemicals because of the
way they are used in the workplace (and their potential for worker
exposure) but have minimal inherent hazards and present minimal
physical or health risks to individuals in the community and emergency
response personnel on-site, and present minimal risks to the
environment. EPA is seeking public comment on potential approaches to
raise the reporting threshold or otherwise reduce the reporting burden
for these chemicals that have minimal inherent hazards and pose minimal
risks under the EPCRA sections 311 and 312 program.
EPCRA empowers EPA to establish reporting thresholds under sections
311 and 312 of EPCRA. Both sections 311(b) and 312(b) of EPCRA give EPA
broad authority to establish threshold quantities for hazardous
chemicals below which reporting is not required. Both statutory
provisions also state that, in EPA's discretion, the thresholds may be
based on classes of chemicals or categories of facilities. Thus, under
the statute EPA's authority to establish thresholds includes, but is
not limited to, thresholds that are based on classes of chemicals or
categories of facilities. As noted previously, Congress broadly
empowered EPA to establish thresholds so that EPA could ``provide for
the development of a manageable program.'' Conference Report at 5104.
The legislative history also calls for EPA, in establishing thresholds
under section 312(b) to ``consider the degree to which the hazardous
chemical, if released at
[[Page 31274]]
the facility, would endanger the health of individuals in the
community, including emergency response personnel.'' Conference Report
at 5104-5105.
EPA is proposing to establish an infinite threshold level for the
class of chemicals with minimal inherent hazards, and presenting
minimal risks, under the EPCRA sections 311 and 312 program (an
infinite threshold level means a threshold level so great that, no
matter what amount is present at a facility, the amount present is less
than the threshold level). At the same time, the Agency believes that
the local community is best situated to make judgments about the level
of risk presented in site-specific circumstances. Thus, EPA is
proposing to establish specific criteria governing the class of
substances that may qualify for an infinite threshold. With this
approach, EPA is endeavoring to promote decision-making about
information routinely reported under EPCRA sections 311 and 312, based
on community specific concerns. EPA seeks public comment on this
proposal, and also requests other suggestions for ways to bridge
community-based judgments about the level of risk presented by
substances in specific circumstances, with EPA's authority to establish
thresholds.
EPA proposes the establishment of an infinite threshold level for
the class of chemicals with minimal inherent hazards and presenting
minimal risks under the EPCRA sections 311 and 312 program. The
criteria for determining whether a substance may, under certain
circumstances, be included within this class of chemicals would govern
whether individual substances are assigned an infinite threshold level
and therefore not subject to routine reporting under EPCRA sections 311
and 312. EPA proposes to relieve this class of substances from routine
reporting under EPCRA sections 311 and 312 in only those cases where
the specific conditions warrant such relief.
The proposed threshold is as follows. A hazardous chemical would be
deemed to have a minimal hazard and present a minimal risk under the
EPCRA sections 311 and 312 program, and the owner or operator would be
relieved from the routine reporting requirements under these
provisions, if the chemical meets each of the following criteria:
(1) The chemical has a minimal inherent hazard and presents a
minimal physical or health risk, to individuals in the community beyond
the site or sites on which the facility is located, and to emergency
responders on-site, under normal conditions of production, use, or
storage, or in a foreseeable emergency.
(2) The chemical has a minimal inherent hazard and presents a
minimal risk, to the environment beyond the site or sites on which the
facility containing the chemical is located.
(3) The SERC, the LEPC and the fire department with jurisdiction
over the facility have been notified of the facility's assessment
regarding a chemical that has a minimal inherent hazard and presents a
minimal risk. (The proposed requirements for notification are discussed
further below.)
In today's proposed regulation, paragraph 370.10(a)(2)(v) provides
that, for any chemical meeting the specific criteria for minimal
inherent hazards and minimal risks under proposed section 370.11, the
threshold level is infinite. Proposed section 370.11 provides the
criteria that must be met for a hazardous chemical to qualify for the
proposed infinite threshold level, including the proposed requirements
for notification to the SERC, the LEPC and the fire department.
It is important to note that, under today's proposed rule, the
following substances do not qualify for the infinite threshold level:
substances that are listed as Extremely Hazardous Substances (EHSs)
under EPCRA section 302 (40 CFR part 355); regulated substances under
the Clean Air Act (CAA) Risk Management Program (RMP) (40 CFR part 68);
hazardous substances under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) (40 CFR part 302);
toxic chemicals under the toxic chemical release reporting requirements
of EPCRA section 313 (40 CFR part 372). See proposed paragraph
370.11(a). Substances that are covered under these other programs are
regulated because of the significant hazards they present; so such
substances could not meet the proposed criteria for minimal hazards.
EPA seeks public comment on these or any other lists of regulated
substances that should be categorically excluded from the proposed
class of chemicals with minimal inherent hazards and presenting minimal
risks, under the EPCRA sections 311 and 312 program.
The application of the proposed infinite threshold depends on the
conditions of a particular substance at a particular facility. The
level of risk associated with a substance depends on a variety of
chemical and facility-specific factors, including the identity of the
substance involved and the nature of the facility. A substance may meet
the proposed criteria for an infinite threshold at a particular
facility, due to the relevant circumstances at that facility, but may
not meet the criteria at a different facility.
The infinite threshold level proposed today could only apply to
substances that have a minimal inherent hazard. EPA doesn't intend the
proposed threshold to apply to any substance that, because of its
inherent hazards, could present a significant risk to emergency
responders at a facility (or to the surrounding community or
environment) in the event of a release. Examples of substances which
might be covered by the proposed infinite threshold may include
substances that are OSHA hazardous chemicals solely because of an
irritation hazard only to employees regularly exposed in the workplace,
but for which there is no other acute health hazard.
Implementation of the proposed infinite threshold would be
optional--any facility owner or operator would have a choice whether to
make an assessment regarding a hazardous chemical present at their
facility. Upon making an assessment that a hazardous chemical met the
criteria for the infinite threshold level, a facility owner or operator
would notify the SERC, the LEPC and the local fire department of such
assessment, the name of the chemical, and any conditions relevant to
the assessment. Any facility owner or operator may choose not to make
use of the proposed threshold for any hazardous chemicals at their
facility, in which case they would continue to routinely report all
covered hazardous chemicals present at their facility above threshold
levels.
EPA is considering several options regarding the notification
requirements associated with this relief from routine reporting
requirements. In weighing each option, EPA will need to consider the
requirements associated with each notification option, any burden to
government entities and industry associated with each option, and the
government entities' ability to ensure that they continue to receive
information that they believe is necessary. While the proposed
regulatory text includes only one of these options, based on this
document and opportunity for public comment, EPA may, in the final
rulemaking action, choose to promulgate any combination of the proposed
options discussed below. EPA seeks comments on all of the notification
options discussed below.
In today's document, EPA proposes that any facility owner or
operator that makes an assessment that a specific substance meets the
infinite threshold
[[Page 31275]]
criteria notify the SERC, the LEPC, and the local fire department with
jurisdiction over the facility (see proposed section 370.11(b)(1)). The
SERC, the LEPC or the local fire department may request additional
information on the basis of the assessment or otherwise question the
assessment. The required notification must include the name of the
chemical for which an assessment has been made and any conditions
relevant to that assessment. EPA recommends, but does not require, this
notification be in writing. If a facility owner or operator makes an
assessment, but fails to follow the required notification procedures,
the substance in question would not qualify for the proposed infinite
threshold--such a substance would continue to be subject to routine
reporting. The notification need only be made once (not annually),
provided that there are no changes in the conditions of that substance
at the facility that might affect whether the substance continues to
meet the proposed criteria. Requirements for re-notification due to a
change in conditions are discussed further below.
In the paragraph above, EPA has stated that the notification of a
facility's assessment regarding a hazardous chemical would not have to
be in writing. Another option would be to require that such
notification be in writing. EPA could also require, as part of the
notification, that the facility provide a brief description of why a
chemical meets the criteria for minimal hazard/minimal risk chemicals.
EPA requests comment on the contents of the notification, as well as on
whether or not EPA should require the notification be in writing.
The proposed notification requirement imposes a minimal burden to
qualify for relief from routine reporting. This option does not require
EPA, the SERC, the LEPC or the fire department to review the facility's
assessment. However, EPA, the SERC, the LEPC or the fire department may
evaluate the assessment and may contact the facility to discuss the
assessment at any time. In addition, EPA and these three other
governmental entities may bring enforcement and/or civil actions if a
facility uses the infinite threshold for a hazardous chemical that does
not meet the proposed criteria.
Another option would include requiring a notice of acceptance from
the SERC, the LEPC and local fire department before a facility could
apply the proposed infinite threshold level. In this case, the infinite
threshold would apply only for reporting to an entity that has accepted
the assessment. Therefore, if a facility owner or operator does not
receive notice of acceptance from the SERC, the LEPC or the fire
department, the facility's assessment has effectively been rejected,
and the infinite threshold level does not apply to the hazardous
chemical in question (for purposes of reporting to any entity that has
not accepted the determination). If a SERC, LEPC, or fire department
did not notify a facility that its assessment regarding a specific
substance had been accepted, but the facility owner or operator failed
to report the substance as required under sections 311 and 312 and the
implementing regulations (that is, they failed to comply with the
routine reporting requirements and did their reporting as if that
substance was subject to an infinite threshold level), such a facility
could be subject to an enforcement action.
SERCs, LEPCs and local fire departments each evaluate, and set
priorities for, emergency planning and hazardous chemical community
right-to-know under EPCRA sections 311 and 312, and may have their own
information needs. Thus, one entity may agree with the facility owner
or operator that the threshold properly applies, and another entity may
disagree. Because each SERC, LEPC or local fire department would have
discretion concerning the acceptance or rejection of facilities'
assessments regarding specific OSHA hazardous chemicals, a particular
quantity of a specific substance might be reportable at one facility,
and not reportable at another facility.
In addition, the SERC, the LEPC or the local fire department might
choose to accept the facility's assessment, but only under specific
conditions. Thus, the facility owner or operator, the SERC, the LEPC,
or the local fire department might each establish conditions under
which a specific substance is covered by the proposed infinite
threshold. Some examples of conditions on the use of the proposed
infinite threshold could include: type of storage vessel, or whether
stored aboveground or underground.
Another option would be to allow the SERC, the LEPC, and the local
fire department to reject the facility's assessment. In this case, the
SERC, the LEPC, or the fire department would notify the facility only
if its assessment had not been accepted. The substance in question
would not be covered by the proposed infinite threshold for purposes of
reporting to that specific entity that rejected the assessment.
An additional option would require the facility to maintain the
records that served as the basis for the assessment. Under this option,
the facility would not have to notify the SERC, the LEPC and the local
fire department of its assessment. The facility, however, would need to
be able to produce the assessment records upon request.
The Agency is seeking comments on all of these notification
options. In the final rulemaking action, the Agency may promulgate any
option or combination of options proposed above.
A hazardous chemical would no longer qualify for the proposed
infinite threshold level if a change occurred that could affect whether
the chemical continued to meet the specific criteria under proposed
section 370.11. Such a substance would instead be subject to the usual
hazardous chemical reporting threshold (generally 10,000 pounds), and
would be routinely reported in accordance with EPCRA sections 311 and
312 and the implementing regulations. If the facility owner or operator
made an assessment that, under the changed conditions, the substance
met the specific criteria for minimal hazards and minimal risks, it
would be necessary to repeat the proposed notification procedures (see
proposed section 370.11(b)(3)). Until the notification requirements
were met, the chemical would need be routinely reported, based on the
applicable threshold level (generally 10,000 pounds).
While EPA intends, in this proposal, to provide relief from
reporting material safety data sheets (MSDSs) under EPCRA section 311
and annual Tier I inventory information under EPCRA section 312, public
access to MSDSs and Tier II inventory information regarding substances
fitting the proposed criteria would be preserved in specific
circumstances because the threshold for reporting in response to a
request for information (by a State or local official) would remain
zero. In other words, EPA is not proposing any changes to the existing
requirements under EPCRA regarding public access to hazardous chemical
information. These requirements are discussed in detail in part IV.A.1.
of this document. In addition, State and local governments always may
choose to establish lower thresholds under State or local law, if
appropriate.
EPA requests comments concerning the proposed infinite threshold
described here. EPA also requests comments regarding whether the
specific criteria proposed will achieve the goal of establishing a
class of substances that can be relieved from routine reporting burdens
without significant risk to the community including emergency response
[[Page 31276]]
personnel, and seeks suggestions regarding additional or different
criteria to achieve that goal.
EPA seeks comments on a number of issues regarding the
implementation and administration of the proposed threshold described
here. The one-time notification described above (with re-notification
if warranted by changes in conditions) is, in EPA's view, a less
burdensome requirement than the annual submission of information--EPA
requests public comment on whether such a notification would, in fact,
be less burdensome than annual reporting. EPA would also like to know
if SERCs, LEPCs and local fire departments would be concerned that the
burden placed on them to review and respond to such notifications would
be significant. EPA also seeks comment on imposing conditions on the
use of the proposed infinite threshold level. Additionally, EPA is
interested in public comment on whether there are any concerns over the
inconsistencies that may develop in reporting, since a specific
substance might be reportable at one facility, and not be reportable at
another facility, under this proposal.
In today's rulemaking, EPA is proposing the above approach to
provide relief for facilities from routinely reporting substances that
have minimal hazards, and present minimal risks to the community and to
emergency response personnel, and present minimal risks to the
environment. EPA is also exploring an alternative approach to achieve
that goal, and is seeking feedback on that alternative approach. Under
the alternative approach, any substance which was determined to have
minimal hazards and present minimal risks, using the proposed criteria
described above, would be put into a newly created subset of OSHA
hazardous chemicals that would be called Type 2 hazardous chemicals
under EPCRA. Type 2 hazardous chemicals would be subject to the same
reporting thresholds (generally 10,000 pounds), and reporting
deadlines, as all hazardous chemicals that are reportable under EPCRA
sections 311 and 312, but the information requirements under section
312 would be reduced. Under section 312 and the implementing
regulations, the maximum amount and average daily amount of hazardous
chemicals are to be reported in ranges. For Type 2 hazardous chemicals,
the reporting ranges would be much broader than the usual ranges. The
ranges would be so broad that, each year, the range reported for a Type
2 hazardous chemical would not likely change. In addition, a facility
owner or operator would be able to incorporate by reference information
previously reported on a Type 2 hazardous chemical, in the manner
described in part V.A.4 of this document. In other words, if the
information regarding a Type 2 hazardous chemical did not change from
year to year, it would not be necessary to report any new information
for that specific hazardous chemical. It would, however, be necessary
to report that the information submitted the prior year for that
hazardous chemical was incorporated by reference into the current
report. A detailed discussion on the concept of incorporation by
reference, including issues and concerns, is found in part V.A.4 of
this preamble. In order to report a Type 2 hazardous chemical, a
facility owner or operator would need to provide notice to the SERC,
the LEPC and the local fire department of their assessment that a
hazardous chemical was of Type 2. The notice requirement might be
satisfied by providing a brief explanation, when submitting inventory
information under section 312, of the minimal inherent hazards
associated with a specific substance, and of the conditions under which
that substance presents minimal risks. EPA will review the public
comments received regarding this alternative approach, and may consider
publishing a supplemental proposal if this approach is feasible.
In today's document, EPA seeks to relieve facilities from routine
reporting of substances that are not generally relevant for the
hazardous chemical community right-to-know and emergency planning
purposes of EPCRA sections 311 and 312, but that are considered
hazardous chemicals under OSHA because of the way they are used in the
workplace. While EPA's goal is to relieve facilities from routine
reporting of information that is not useful to the community, EPA does
not intend to compromise communities' right-to-know. EPA intends, in
this proposal, to achieve this goal in a manner that is reasonable and
also consistent with the requirements under the EPCRA statute. EPA
seeks public comments on the feasibility of the various alternatives
discussed here, and also seeks suggestions on any other ways that this
goal may be achieved.
3. Relief From Routine Reporting for Sand, Gravel and Rock Salt Under
EPCRA Sections 311 and 312
As discussed above, a substance is subject to EPCRA sections 311
and 312 if OSHA's hazard communication standard, codified at 29 CFR
1910.1200, requires the owner or operator of a facility to prepare or
have available an MSDS for that substance. OSHA's hazard communication
standard is designed to protect worker safety, and the requirements of
that section are applicable to any hazardous chemical that is known to
be present in the workplace in such a manner that employees may be
exposed under normal conditions of use or in a foreseeable emergency.
The definition of hazardous chemical under OSHA is very broad. EPA
believes that certain substances that may present a physical or health
hazard to employees in the workplace (and are therefore considered to
be hazardous chemicals and subject to OSHA's hazard communication
standard) have minimal inherent hazards, and present minimal
environmental risks and minimal physical or health risks to the
community or to emergency responders on-site; therefore these
substances are not generally of regulatory significance under EPCRA
sections 311 and 312. Also, as discussed in the previous part of the
document, sections 311(b) and 312(b) of EPCRA allow EPA to establish
threshold quantities for hazardous chemicals below which no facility
needs to report (except in response to a request for information).
EPA believes that sand, gravel and rock salt, which may be
considered hazardous chemicals under OSHA's hazard communication
standard, have minimal inherent hazards and generally would not have
the potential to present significant risks to the community or to
emergency responders on-site, regardless of site-specific
circumstances, and are therefore not of regulatory significance under
EPCRA sections 311 and 312. Specifically, EPA believes that sand,
gravel and rock salt meet the following two criteria:
(1) Sand, gravel and rock salt have a minimal inherent hazard and
present a minimal physical or health risk, to individuals in the
community beyond the site or sites on which the facility is located,
and to emergency responders on-site, under normal conditions of
production, use, or storage, or in a foreseeable emergency.
(2) Sand, gravel and rock salt have a minimal inherent hazard and
present minimal risks, to the environment beyond the site or sites on
which the facility containing the chemical is located.
The threshold for reporting hazardous chemicals under EPCRA
sections 311 and 312 is currently 10,000 pounds for the majority of
substances. In today's rulemaking, EPA is proposing to establish an
infinite threshold level for sand, gravel and rock salt. An infinite
threshold level means that, regardless of
[[Page 31277]]
the amount of sand, gravel or rock salt present at a facility at any
one time, the amount would not trigger routine reporting under sections
311 and 312. Section 370.10(a)(2)(iv) in today's proposed rule contains
the proposed infinite threshold level for sand, gravel and rock salt.
Setting this infinite threshold level would not create an exemption
from reporting, however, because reporting would still be required in
response to a request. While EPA intends, in this proposal, to provide
relief from reporting material safety data sheets (MSDSs) under EPCRA
section 311 and annual Tier I inventory information under EPCRA section
312, public access to MSDSs and Tier II inventory information regarding
sand, gravel and rock salt would be preserved in specific circumstances
because the threshold for reporting in response to a request for
information (by a State or local official) would remain zero. In other
words, EPA is not proposing any changes to the existing requirements
under EPCRA regarding public access to hazardous chemical information.
The existing requirements are discussed in detail in part IV.A.1. of
this preamble, above. In addition, States and local governments always
may choose to establish lower thresholds under State or local law, if
appropriate.
A substance such as gravel or sand may be subject to OSHA's hazard
communication standard because, for example, of the hazard posed by
respirable dust. EPA understands that such dust may present a health
hazard to employees who are regularly exposed to it in the workplace.
However, EPA believes such dust would not pose an acute hazard to
emergency responders or to the surrounding community, so it is not of
regulatory significance under EPCRA sections 311 and 312. EPA would
like to achieve a sound balance between the amount of information
generated under sections 311 and 312, and the value of that
information. EPA believes that, although sand, gravel and rock salt may
fit OSHA's broad criteria for hazardous chemicals, they are not
generally relevant for the hazardous chemical community right-to-know
and emergency planning purposes of EPCRA.
EPA is interested in public comments addressing its belief that
sand, gravel and rock salt warrant infinite threshold levels to exclude
these substances from routine reporting under EPCRA sections 311 and
312. EPA seeks public input on any emergency situations in which any of
these three substances threatened the health or safety of emergency
response officials or the surrounding community. Additionally, EPA
requests public input regarding any other specific hazardous chemicals
that may also generally not warrant routine reporting under sections
311 and 312.
While EPA is proposing to generally relieve sand, gravel and rock
salt from being routinely reported under EPCRA sections 311 and 312,
EPA is also proposing in today's document to relieve other hazardous
chemicals from routine reporting in specific cases where the conditions
warrant such relief (see part IV.A.2 of this document, which is headed
``Relief From Routine Reporting Requirements for Substances With
Minimal Hazards and Minimal Risks Under EPCRA sections 311 and 312'').
EPA seeks public comment on whether sand, gravel and rock salt should,
in fact, be absolutely excluded from routine reporting as discussed
here, or whether these three substances should be treated on a case-by-
case basis, in the manner described in part IV.A.2 of this document.
B. Other Regulatory Changes
1. Reporting of Mixtures Under EPCRA Sections 311 and 312
In today's document, EPA is rewriting in plain English format the
current regulation for applying threshold quantities to mixtures and
reporting mixtures under EPCRA sections 311 and 312, and reorganizing
the regulation to improve understanding of the requirements (a detailed
discussion on plain English format is provided in part VI.A. of this
document). In the preamble discussion below, EPA also generally
explains the mixture requirements. Although the proposed regulation has
been rewritten and reorganized, the only substantive changes proposed
today to the existing mixture regulations are the four specific
regulatory revisions explained below. EPA seeks public comment on those
particular proposed regulatory revisions. EPA is not re-opening for
public comment any other provisions of the mixtures regulation
contained in today's document, as the regulation is a restatement of
the existing regulation in plain English format. However, EPA will
consider public comment on the limited issue of whether EPA, in
restating and reorganizing the existing regulatory requirements, has
inadvertently changed the meaning.
A facility is subject to sections 311 and 312 of EPCRA if the
facility must prepare or have available an MSDS for a hazardous
chemical under the Occupational Safety and Health Act (OSHA) and
regulations issued under that Act. The OSHA regulations allow that
MSDSs may provide hazard information on a mixture that contains
hazardous chemicals, or provide hazard information on the individual
hazardous chemical components of that mixture. For this reason,
facilities subject to EPCRA sections 311 and 312 might have MSDSs for
mixtures, or for individual hazardous chemical components of mixtures.
Therefore, the reporting requirements under sections 311 and 312 permit
the choice of reporting a mixture as the mixture itself or by its
hazardous chemical components.
EPCRA sections 311(a)(3) and 312(a)(3) contain the statutory
provisions for reporting on mixtures containing hazardous chemicals.
These provisions state that for a mixture of hazardous chemicals, a
facility may meet the reporting requirements of section 311 of EPCRA by
submitting an MSDS (or a list) for the mixture itself, or for each
hazardous chemical component in the mixture. Similarly, a facility may
meet the reporting requirements of section 312 by providing inventory
information for the mixture itself, or for each hazardous chemical
component of the mixture. If an MSDS (or listing) and inventory form
are submitted for a hazardous chemical which is a component of a
mixture (instead of for the mixture itself), and if more than one
mixture at a facility contains the same hazardous chemical, only one
MSDS (or one listing) and one entry on the inventory form is necessary
for that hazardous chemical.
In the current regulation, section 370.28 contains the requirements
for applying the reporting threshold to mixtures containing hazardous
chemicals, and for reporting such mixtures, under EPCRA sections 311
and 312. Section 370.14 in today's proposed regulation provides the
requirements for mixtures containing hazardous chemicals. The
regulatory language in proposed section 370.14 generally reiterates the
current regulation. However, four regulatory revisions are proposed,
and are discussed below.
In today's document, EPA proposes to present some of the more
complex aspects of the mixture requirements in table format (see
proposed section 370.14(b)). With the four exceptions identified below,
EPA is merely restating the existing regulatory requirements in an
improved format and is not re-opening the underlying regulations for
public comment (although EPA will consider public comment on the narrow
issue of whether it has accurately rewritten the existing regulations).
A detailed
[[Page 31278]]
comparison between the current regulation (existing section 370.28) and
the proposed regulation (proposed section 370.14) follows:
Section 370.28(a) in the current regulation provides that
the owner or operator of a facility may meet the requirements for MSDS
and Tier I information reporting for mixtures containing hazardous
chemicals by either (1) reporting with respect to each component in the
mixture that is a hazardous chemical, or (2) reporting with respect to
the mixture itself. In today's proposed regulation, section 370.14(a)
and the table in section 370.14(b) repeat this basic reporting option,
without substantive revision.
Section 370.28(a) in the existing regulation also provides
that, where practicable, the reporting of mixtures by a facility be
consistent for inventory reporting and MSDS reporting. The requirement
for consistent reporting is provided, without substantive change, in
proposed section 370.14(d) and is also reflected in the reporting
requirements in the proposed table at section 370.14(b). (The
requirements for consistent reporting are discussed below.)
Section 370.28(b)(1) in the current regulation provides
the requirements for calculating the quantity of a hazardous chemical
component present in a mixture, and proposed section 370.14(c) repeats
those requirements without substantive change.
Section 370.28(b)(2) in the existing regulation provides
that, if the reporting is on the mixture itself, the total quantity of
the mixture shall be reported. This is the first provision where EPA is
proposing a substantive regulatory revision for public comment.
Proposed section 370.14(a)(2) and the table in proposed section
370.14(b) in today's regulation provide the requirements for reporting
mixtures. Those proposed sections do not include reference to reporting
``the total quantity of the mixture,'' but instead cross-reference the
EPCRA sections 311 and 312 information requirements for reporting
elsewhere within the proposed regulation. The table in proposed section
370.14(b) directs the reader to proposed sections 370.30 and 370.40,
which provide the information requirements. EPA therefore believes it
is not necessary to retain the current regulatory language in section
370.28(b)(2) and requests public comment on the proposed deletion of
this provision.
Section 370.28(c)(1) in the existing regulation provides
EPA's requirements for applying threshold quantities to hazardous
chemicals that are EHSs, when they are components in mixtures. That
section provides that all quantities of an EHS present at a facility be
added together to determine if the reporting threshold has been equaled
or exceeded-- including the quantity present as a component in all
mixtures and all other quantities of the EHS at the facility. In
today's proposed regulation, the requirement to add together all
quantities of an EHS present at the facility when applying the
reporting threshold is provided in the table in proposed section
370.14(b) without substantive revision. However, one limited
substantive change is proposed to that requirement--language has been
added to clarify that, when determining the total quantity of an EHS
present at a facility, the quantity present in a mixture must be
included even if that particular mixture is also being applied as a
whole toward the threshold level for that mixture. This is the second
substantive regulatory revision that EPA is proposing to the mixture
regulations. EPA requests public comment on the substance of this
clarification.
Section 370.28(c)(2) in the existing regulation provides
that, when reporting an EHS that is a component of a mixture, the owner
or operator of a facility has the basic option to report either with
respect to each component in the mixture that is a hazardous chemical,
or with respect to the mixture itself. As noted, this option is
provided (for all hazardous chemicals including EHSs) without
substantive revision in proposed section 370.14(a) and the table in
proposed section 370.14(b).
Note that section 370.21(b) in the existing regulation
(which provides that facility owners or operators have the option to
submit a list of hazardous chemicals instead of submitting MSDSs), also
contains a provision on reporting of mixtures. Proposed section
370.30(a)(2), which contains the same provision that owners or
operators have the option to submit a list instead of MSDSs, does not
contain any provisions on reporting of mixtures because in today's
proposed rule the requirements for reporting mixtures are consolidated
in proposed section 370.14.
In today's regulation, the table in proposed section
370.14(b) specifies EPA's requirements for applying the threshold
quantity to a hazardous chemical component in a mixture, when the
hazardous chemical is not an EHS. Proposed section 370.14(b) provides
that the owner or operator of a facility may choose to either (1)
determine the total quantity of a (non-EHS) hazardous chemical
component present throughout the facility, by adding together the
quantity present as a component in all mixtures and all other
quantities of that hazardous chemical (including the quantity present
in a mixture even if that particular mixture is also being applied as a
whole toward the threshold level for that mixture), or (2) determine
the total quantity of the mixture itself present throughout the
facility. EPA proposes today to adopt regulatory revisions to clarify
these requirements for applying threshold quantities for mixtures
containing non-EHS hazardous chemicals, and requests comments on the
substance of this proposed regulatory revision. This is the third
substantive regulatory revision that EPA is proposing to the mixture
requirements today. This proposal is discussed further below.
EPA is also proposing to add regulatory language to
specify requirements for determining if a threshold amount of a non-EHS
hazardous chemical is present, when that chemical is present both by
itself and as a component in mixture(s). Proposed section 370.14(e)
provides that, if a non-EHS hazardous chemical is present at a facility
both by itself and as a component in mixture(s), the facility must
determine the total amount present to apply the threshold level. To
calculate this quantity, you must add together all quantities of the
hazardous chemical present at the facility, including the quantity
present in all mixtures. EPA proposes today to adopt this regulatory
revision, and requests comments on the substance of the revision. This
is the fourth substantive regulatory revision that EPA is proposing to
the mixture regulations today. This proposal is discussed further
below.
As discussed above, EPA is proposing regulatory revisions to
clarify the requirements for applying threshold quantities to mixtures
containing hazardous chemical components that are not EHSs, by adding
regulatory language in proposed section 370.14(b) that provides the
choice of either (1) determining the total quantity of a hazardous
chemical component present, or (2) determining the total quantity of
the mixture itself. Whenever you must apply a threshold to the total
quantity of a non-EHS hazardous chemical present at any one time, this
proposed revision clarifies that you can calculate either the total
quantity of the hazardous chemical component, or the total quantity of
the mixture (considering the mixture itself as the ``hazardous
chemical''). Both of these options to determine the quantity of a
hazardous chemical will result in a reasonably accurate reflection of
the total quantity of a non-EHS hazardous
[[Page 31279]]
chemical present at a facility at any one time--which is the amount to
which the threshold levels should be compared. The two options for
applying threshold quantities to mixtures containing non-EHS hazardous
chemical components are explained below:
Option (1) In this case, the total quantity of a non-EHS
hazardous chemical component is determined. To establish whether the
reporting threshold for that hazardous chemical component has been
exceeded, calculate the total quantity of that hazardous chemical
present throughout the facility at any one time, including as a
component in all mixtures (even in a mixture that will be separately
applied toward the threshold level for that mixture), and all other
quantities present. See Conference Report at 5105. Section 370.14(c)
in today's proposed regulation provides instructions for determining
the quantity of a non-EHS hazardous chemical component present in a
mixture. Compare the total quantity of that hazardous chemical to
the hazardous chemical reporting threshold (the reporting threshold
for all non-EHS hazardous chemicals is currently 10,000 pounds--
today EPA is proposing to change the thresholds for certain
circumstances, as discussed elsewhere in this preamble).
Option (2) In this case, the total quantity of the mixture
itself is determined. To establish whether the reporting threshold
for that mixture has been exceeded, calculate the total quantity of
that particular mixture present throughout the facility at any one
time. Compare the total quantity of that mixture to the hazardous
chemical reporting threshold.
As discussed above, EPA is also proposing regulatory revisions to
clearly establish that, if a particular non-EHS hazardous chemical is
present both by itself and as a component in mixture(s) at your
facility, you must determine the total quantity of the hazardous
chemical to see if it meets or exceeds the threshold. To determine the
total quantity of a hazardous chemical present, you must add together
all quantities of the hazardous chemical, including the quantity
present in all mixtures (even in a particular mixture that is being
applied separately toward the threshold level for that mixture). For
example, in the case of a manufacturer that produces or obtains benzene
and formulates 200 mixtures with the benzene, the threshold level would
apply to the total quantity of benzene at the facility, where some
benzene is still in bulk storage and some has been formulated into
mixtures. EPA understands that there has been confusion in the past
about EPA's requirements for applying threshold quantities when a non-
EHS hazardous chemical is present both by itself and as a component in
mixture(s). This regulatory revision clearly establishes a method of
calculating the quantity that will result in an accurate reflection of
the total quantity present at any one time--which is the amount to
which the threshold levels should be compared. Applying the threshold
to a non-EHS hazardous chemical component by itself without considering
its presence in mixtures will not completely reflect the amount of the
hazardous chemical present. Because you must already apply the
threshold to the hazardous chemical itself (when the hazardous chemical
is present both by itself and in mixtures), you can only do so
accurately by adding together all quantities of that hazardous chemical
present.
EPA has required that, where practicable, reporting for mixtures be
done consistently for both sections 311 and 312 of EPCRA (this
requirement is in section 370.28(a)(2) in the existing regulation). In
today's proposed regulation, section 370.14(d) similarly states,
without substantive revisions, that for each specific mixture,
reporting must be done consistently for both sections 311 and 312, ``*
* * unless impracticable.'' In other words, if a facility reports a
specific mixture as a whole under section 311, the facility is also
required to report that mixture as a whole under section 312, unless
the facility can show that it is impracticable to do so. Similarly, if
a facility reports a specific mixture by its hazardous chemical
components under section 311, the facility is also required to report
that mixture by its hazardous chemical components under section 312,
unless the facility can show that it is impracticable to do so.
EPA's intention is to be reasonable in establishing reporting
requirements. Consistent with the existing regulation, the phrase
``unless impracticable'' has been included to account for specific
cases where the owner or operator of a regulated facility can
demonstrate that it wouldn't be practicable to report consistently
under sections 311 and 312. EPA believes that in all but a few unique
cases, consistent reporting for sections 311 and 312 is practicable. It
is important for the MSDS information to correspond with the inventory
information to ensure consistency in the qualitative and quantitative
information received about the hazards of covered chemicals. The MSDS
information and inventory information are intended to be used together
to determine the chemical hazards present at a facility--the MSDS
provides information on the hazards associated with the types of
chemicals that are reported with the inventory information. See
Conference Report at 5105.
As discussed above, EPCRA sections 311(a)(3) and 312(a)(3) provide
that, when reporting mixtures containing hazardous chemicals, facility
owners or operators have a choice to report in reference to the mixture
itself, or in reference to each hazardous chemical component of the
mixture. EPA, of course, recognizes this basic choice for reporting
mixtures. However, EPA recommends that whichever way a facility owner
or operator chooses to report for one mixture, the same choice should
be made for every mixture at the facility. In other words, if a
facility reports a specific mixture as a whole under sections 311 and
312, then EPA suggests that each mixture at the facility be reported as
a whole under sections 311 and 312. Similarly, if a facility reports a
specific mixture by its hazardous chemical components, then EPA
suggests that each mixture at the facility be reported by its hazardous
chemical components. EPA encourages consistent reporting throughout a
facility because of various programmatic reasons. Consistent reporting
throughout a facility facilitates the calculations necessary for
reporting, improves the clarity of the reported information consistent
with the emergency planning and response purposes of EPCRA, and reduces
duplicative reporting. However, EPA understands that it may not always
be reasonable to report consistently throughout a facility and
recognizes that the owner or operator of the facility has discretion to
determine whether to report based on the mixture or the hazardous
chemical components of the mixture.
While the plain English format proposed today is intended to
improve the public's understanding of EPA's regulations, it is not
intended to change the substantive requirements in EPA's existing
regulations. As discussed in detail above, EPA has proposed four
specific substantive regulatory revisions regarding mixtures including
(1) the removal of reference to reporting ``the total quantity of the
mixture'' from the section containing the mixture requirements (see
existing section 370.28(b)(2) and proposed section 370.14); (2) the
additional language in proposed section 370.14(b) to make the
clarification that, when determining the total quantity of an EHS
present at a facility, the quantity present in a mixture must be
included even if that particular mixture is also being applied as a
whole toward the threshold level for that mixture; (3) the additional
language in proposed section 370.14(b) to clarify how to apply
threshold levels
[[Page 31280]]
for mixtures containing hazardous chemical components that are not
EHSs; and (4) the additional language in proposed section 370.14(e) to
clearly establish how to determine the total quantity of a hazardous
chemical present, when the chemical is present both by itself and as a
component in mixture(s).
EPA requests public comment on the specific substantive proposed
regulatory revisions in today's document. EPA also seeks public comment
on the plain English format in which the proposed regulation is
written, but only on the limited issue of whether any unintended
substantive changes have been made to the mixture requirements as a
result of re-writing and reorganizing the regulation. Except for the
four specific substantive regulatory revisions listed above, EPA is not
intending any other substantive changes to the mixture requirements
under sections 311 and 312 today. The mixture requirements have been in
effect for several years, and EPA is not re-opening for public comment
any other substantive aspects of those requirements in this document.
EPA is seeking public comments on ways to improve the plain English
format to make the mixture requirements clearer and less confusing
without changing the substantive requirements. EPA similarly requests
public comment on the adequacy and usefulness of the table in proposed
section 370.14(b), as well as suggestions for improving the table's
clarity.
2. Tier I and Tier II Inventory Forms and Instructions
In today's rulemaking, EPA is proposing to remove the Tier I and
Tier II inventory forms from the body of the regulation. Section 312(g)
of EPCRA requires the EPA to publish a ``uniform format for inventory
forms.'' However, the forms are not required by the statute to be
published in regulations. Removing the forms from the regulation would
shorten and simplify the regulations, and allow EPA to change the forms
more easily to reflect new information and experience. (Note that any
change to the forms would still require Office of Management and Budget
(OMB) approval under the Paperwork Reduction Act, including public
notice and comment when required.) EPA would continue to publish the
uniform Tier I and Tier II forms, which would be readily available on
the CEPPO Internet site (www.epa.gov/ceppo), or by contacting the
National Center for Environmental Publications and Information (NCEPI)
at 800/490-9198. The Tier II form is currently available on the CEPPO
Internet site.
EPA is proposing today to remove both the forms and corresponding
instructions from the regulation. The Tier I form and instructions are
in section 370.40 in the existing regulation, and the Tier II form and
instructions are currently in section 370.41. Neither the forms
themselves, nor the instructions, are included in today's proposed
rule. However, EPA will continue to make the forms and instructions
available to the public, as indicated above.
At the same time, EPA's proposed rule would continue to contain a
narrative description of the Tier I and Tier II informational
requirements. Specifically, sections 370.41 and 370.42 in the proposed
rule set forth the required Tier I and Tier II information,
respectively.
Today EPA is proposing two changes to the Tier I and Tier II
information requirements. The first proposed change is to require
facilities to report a Facility Identification Number with their Tier I
(or Tier II) information. The Facility Identification Number is part of
a standardized facility identification scheme the Agency is currently
undertaking, and is discussed further in part IV.B.4. of this document.
The second proposed change to the information requirements is to
require facilities to report the NAICS code for their facility instead
of the SIC code, as currently required. Replacement of the SIC codes by
the NAICS codes is discussed below. The Tier I and Tier II information
requirements in today's proposed rule are the same as the existing
information requirements, with the exception of these two proposed
changes. EPA is not seeking public comment on any other aspect of the
existing information requirements.
The facility identification portions of the existing Tier I and
Tier II forms require reporting of the primary SIC code for the
facility. However, the SIC system is currently being replaced by the
NAICS system, which is a new economic classification system that has
been developed to provide common industry definitions for Canada,
Mexico, and the United States. OMB published a document in the Federal
Register regarding the replacement of the 1987 SIC by the 1997 NAICS,
on April 9, 1997. In today's proposed rule, the sections that list the
Tier I and Tier II information requirements (proposed sections 370.41
and 370.42, respectively) require the NAICS code instead of the SIC
code.
EPA seeks comment on requiring facilities to report the NAICS code
instead of the SIC code. In particular, EPA seeks comment on whether it
is premature or otherwise inappropriate to adopt NAICS codes at this
time, and whether EPA should therefore retain usage of the SIC codes
for the time being. EPA also invites comment on whether it would be
sensible to allow reporting of either the SIC code or the NAICS code
(and an indication of which code was being reported), or to require
reporting of both codes, during a period of transition from use of the
SIC to the NAICS. EPA understands that different agencies may begin
using the NAICS codes for regulatory purposes at different times. If
EPA transitions to using the NAICS codes in today's proposed rule, this
change may not be consistent with the timing of some other agencies'
use of the new codes. EPA seeks comment on the appropriate time to
transition to the NAICS codes for purposes of the reporting
requirements under today's proposed rule. EPA also seeks public input
on making a corresponding change to use NAICS codes instead of SIC
codes on the Tier I and Tier II forms themselves.
In addition to setting forth the uniform inventory forms and
instructions, existing sections 370.40 and 370.41 reiterate many of the
reporting requirements that are codified in other sections in the
regulation. EPA doesn't believe it is necessary for these requirements
to be stated twice within the same regulation, and the proposed Tier I
and Tier II information sections (sections 370.41 and 370.42) don't
reiterate requirements codified elsewhere in the regulation. EPA
requests public comments on this proposed change.
The Tier I and Tier II instructions, which are in existing sections
370.40 and 370.41, contain some general explanatory information about
the reporting requirements and some examples and suggestions to ease
compliance. This instructional information is not included in the body
of the proposed regulation, but would still be included with the forms
and instructions that are readily available to the public. While EPA is
proposing to remove this instructional information from the proposed
regulation, the Tier I and Tier II information requirements in today's
proposed rule are the same as the existing Tier I and Tier II
information requirements (except for the two specific proposed changes
described above). EPA requests public comments regarding removal of
this instructional information.
Hazardous chemicals are classified into five hazard categories for
purposes of reporting under EPCRA sections 311 and 312. These five
categories are a
[[Page 31281]]
consolidation of the 23 hazard categories defined under OSHA, at 29 CFR
1910.1200. Sections 370.40 and 370.41 in the existing rule, which
contain the Tier I and Tier II inventory forms and instructions, each
contain a chart that compares EPA's hazard categories under EPCRA with
OSHA's hazard categories. Although today's proposed rule does not
include the Tier I and Tier II forms and instructions, the five EPCRA
hazard categories are defined in proposed section 355.62 and the
corresponding OSHA hazard categories are identified for each EPCRA
hazard category.
Section 370.41 in the existing regulation, which contains the Tier
II form and instructions, also sets forth the requirements pertaining
to trade secret information and confidential location information for
specific chemicals. These requirements aren't found elsewhere in the
existing regulation. Section 370.64 in today's proposed rule contains
the trade secret requirements and the requirements for confidential
location information.
The instructions for the Tier II form (currently found in section
370.41) indicate the requirement to report the ``chemical name or
common name'' for each chemical being reported. Section 370.42 in
today's proposed rule, which contains the Tier II information
requirements, indicates the requirement to report the ``chemical name
or common name of the chemical as provided on the material safety data
sheet.'' EPA isn't proposing any change to this requirement, but rather
reiterating the full requirement, consistent with the statutory
language in EPCRA section 312(d)(2)(A).
The Tier I and Tier II forms that EPA publishes aren't the only
formats that are acceptable for inventory reporting under the EPCRA
program. The existing regulations (40 CFR 370.40 and 370.41) provide
that the facility owner or operator may submit a State or local form
that contains the identical content of the published uniform federal
format (the Tier I or Tier II information). Such State or local forms
are adequate for section 312 reporting of Tier I and Tier II
information, provided the entities to whom the forms must be submitted
receive the information by the reporting deadline. The proposed
regulations specify the requirements for Tier I and II information (see
proposed sections 370.41 and 370.42) and similarly provide that State
or local formats for reporting may be used so long as they contain the
required information. See proposed section 370.40(b). Many States have
developed their own format for reporting, which often contains
additional requirements beyond what is required by the Tier I or Tier
II forms. Electronic inventory forms are available from various
sources, including the CEPPO homepage and some States.
EPA believes that it is appropriate for the Tier I and Tier II
forms to be published and readily available, but not to be published in
the regulations. EPA is interested in comments concerning the removal
of these forms from the body of the regulation, and suggestions about
how the forms can be made readily available. EPA is especially
interested in comments on whether the public actually uses the Code of
Federal Regulations (CFR) as a source of the Tier I or Tier II forms,
in which case it might be helpful to retain the forms and instructions
in the regulations.
3. Penalties for Noncompliance
Sections 355.50 and 370.5 in the existing rules describe potential
penalties for noncompliance with EPCRA's emergency release notification
requirements and hazardous chemical reporting requirements,
respectively. The Tier I and Tier II form instructions also describe
potential penalties for noncompliance with the hazardous chemical
reporting requirements. In today's rulemaking, EPA is proposing to
remove these provisions from the body of the regulations because it is
not necessary to repeat them in the regulations. The potential
penalties for all EPCRA violations are established in the statute
itself, which is self-implementing. The absence of the penalty
discussions in the rule won't change any requirements with respect to
enforcement. EPA seeks comment on whether this is a useful change to
streamline the regulations.
4. Facility Identifier as a Tier I and Tier II Information Requirement
EPA is currently undertaking an agency-wide initiative to
streamline and consolidate the Agency's collection and maintenance of
environmental data. EPA, in cooperation with States, is seeking to
establish information management procedures for the identification of
facilities that are subject to Federal environmental reporting and
permitting requirements. This initiative is intended to improve EPA's
management and use of such information, as well as to provide improved
public access to such information, by creating links between major data
sources. This initiative is known as the Facility Identification
Initiative. Through this initiative, EPA intends to establish a
standardized facility identification scheme, including a unique
Facility Identification Number, for facilities that submit
environmental data to EPA under various regulatory programs. EPA would
then be able to establish links among records of environmental data
relative to a specific facility, and also establish means for the
public to access the Agency's data via computer telecommunications and
other means. The aim is to enable facility-related environmental
information in multiple databases to be easily linked. EPA, in
cooperation with the States, is currently developing a non-regulatory
process for assigning the Facility Identification Numbers. For the
latest information regarding the Facility Identifiers Initiative,
please see the memorandum ``Announcing the Facility Identification
Interim Data Standard'' in the CERCLA Docket Office, in docket number
300RR-IF1 (for the address of the docket office, see the ADDRESSES
section of this preamble).
In today's document, EPA is seeking public comment on whether or
not to require facilities to report their Facility Identification
Number when reporting under EPCRA section 312, if such number has been
assigned under another State or Federal environmental program. This
document does not contain proposed regulatory language establishing the
Facility Identifier Number as part of the Tier I and Tier II
information requirements. However, EPA wants to ensure that the public
understands that based on this document and opportunity for public
comment, EPA may, in the final rulemaking action on this proposal,
revise the regulatory requirements for Tier I and Tier II information
by adding regulatory language that requires submission of the Facility
Identification Number. See existing sections 370.40 and 370.41, and
proposed sections 370.41 and 370.42, for Tier I and Tier II information
requirements generally. The Tier I and Tier II information regulations
would also be revised to provide that only those facilities that are
subject to other State and Federal environmental programs, and have
been assigned a Facility Identification Number by their State or EPA,
would need to submit such Number with their Tier I and Tier II
information. The public is hereby informed that EPA may also take final
action to include the Facility Identification Number as part of the
Tier I and Tier II information requirements, separate from the final
action on other aspects of this proposal. This could occur, for
example, if EPA determines that the status of the Facility Identifiers
Initiative warrants either more expeditious or later regulatory action.
Finally, EPA could also
[[Page 31282]]
conclude, based on the public input from this document or other
considerations, that it will not add Facility Identification Number to
the Tier I and Tier II information requirements. All three of these
outcomes may occur without providing opportunity for public comment
beyond that provided in this document.
Information reported under EPCRA section 312 is submitted to SERCs,
LEPCs and local fire departments; it is not reported directly to EPA.
However, the Facility Identifiers Initiative is a cooperative data
management effort between EPA and the States. States participating in
the initiative would include the Facility Identification Numbers in
their records, which may eventually be linked to EPA data. Although EPA
does not maintain EPCRA section 312 data, EPA may be able to provide
data users with links to State data systems. Having the Facility
Identification Number present in the data that the SERCs, LEPCs and
local fire departments receive from a facility under EPCRA section 312
may allow Federal, State and local governments as well as the public to
coordinate that data with other State and Federal data maintained about
the same facility. Persons viewing the Tier I or Tier II information
for a facility would then know whether the facility is subject to other
environmental laws in addition to EPCRA, and would have a link to find
additional information about that facility.
EPA seeks comment on whether it would be useful to require that
facilities provide their Facility Identification Number, if assigned,
when reporting Tier I or Tier II information under EPCRA section 312.
EPA would like to know if SERCs, LEPCs, local fire departments and the
public would benefit by the Identification Numbers being reported under
section 312.
5. Additional Changes to the Parts 355 and 370 Regulations
In today's rule EPA is proposing some changes to the regulations at
40 CFR parts 355 and 370 that are intended to make the rules clearer
and easier to use. While rewriting these regulations, EPA took the
opportunity to ``clean-up'' the rules--by clarifying requirements,
codifying policy, and in some cases restating statutory language. The
proposed regulatory revisions are as follows:
SERC and LEPC instead of commission and committee. In
today's proposed rule, SERC and LEPC are used to abbreviate State
emergency response commission and local emergency response committee,
respectively. Commission and committee (rather than SERC and LEPC) have
been used as abbreviations in the existing rule, but EPA believes that
the public is generally more familiar with the terms SERC and LEPC. The
definitions for key words used in parts 355 and 370, which are found in
section 355.62 in today's proposed rule, reflect the use of the terms
SERC and LEPC instead of commission and committee.
Quantity of an extremely hazardous substance in a mixture.
Instructions for calculating the quantity of an extremely hazardous
substance (EHS) present in a mixture, for purposes of emergency
planning, are in section 355.30(e)(1) of the existing regulation. The
terms ``mixture'' and ``solution'' are both used in these instructions.
In the proposed regulation the term ``solution'' has been removed
because ``mixture'' includes ``solution,'' so it is redundant to use
both terms. The term ``mass'' in the existing instructions is replaced
by ``weight'' in the proposed instructions. For the purposes of this
regulation the two terms are synonymous, and ``weight'' is a more
familiar term to the general public. Further, in order to improve the
understanding of these instructions, an example is provided in the
proposed instructions, which are in section 355.13 of today's proposed
rule.
Extremely hazardous substances in solid form. Instructions
for determining which threshold planning quantity (TPQ) to use for
extremely hazardous substances (EHSs) in solid form are in section
355.30(e)(2)(i) of the existing regulation. In that section solids are
described as ``existing in'' or ``being handled in'' various forms. In
the proposed rule, the phrases ``exists in'' and ``is handled in'' have
been replaced by ``is in.'' This is simpler and easier to understand,
but doesn't affect the requirements in any way. These instructions are
in section 355.15 of today's proposed rule.
Facility emergency coordinator.
--Section 355.30(c) in the existing regulation requires the owner or
operator of a facility to notify the LEPC (or the Governor if there is
no LEPC) of the facility emergency coordinator. In today's proposed
rule, section 355.20 requires this notification be made to the SERC if
there is no LEPC, or to the Governor if there is no SERC. EPA believes
that most States have functioning SERCs now, and this notification
should be given to the SERC rather than the Governor, if there is no
LEPC.
--The existing rule requires that this notification be made on or
before September 17, 1987, or 30 days after establishment of an LEPC,
whichever is earlier. The notification deadlines in the existing rule
correspond to the statutory deadlines found in EPCRA section 303(d)(1).
Neither the statute nor the current regulation establish a deadline for
providing this notice in the case of a facility that later becomes
subject to the emergency planning requirements (that is, an EHS first
becomes present at the facility in excess of its TPQ, or the EHS list
is revised and an EHS on the revised list is present at the facility in
excess of its TPQ). EPCRA section 302(c) does, however, require that,
within 60 days after becoming subject to the emergency planning
requirements, a facility provide notice that it is subject to such
requirements. EPA believes that notice of the facility emergency
coordinator is an integral part of the emergency planning notification
requirements, and should therefore be provided at the same time as the
emergency planning notice. Accordingly, section 355.20 in today's
proposed rule requires that notice of the facility emergency
coordinator be provided by September 17, 1987, or within 30 days of
establishment of the LEPC (in accordance with the statutory deadlines
at EPCRA section 303(d)(1)), or within 60 days after a facility becomes
subject to EPCRA's emergency planning requirements (consistent with
EPCRA section 302(c)). In today's proposed rule, the deadlines for a
facility to provide notice of its facility emergency coordinator are
consistent with the deadlines for a facility to provide notice that it
is subject to the emergency planning requirements (see proposed section
355.20). (The deadlines for notification that a facility is subject to
the emergency planning requirements are discussed further below.)
Proposed section 355.20 presents a summary, in table format, of the
information that is required under EPCRA's emergency planning
requirements; including types of information to be reported, required
recipients of information, and deadlines for reporting. The proposed
table is intended to present the requirements in a clear, easy to
understand format.
Emergency planning notification.
--Section 355.30(b) in the existing regulation requires notification to
the SERC that a facility is subject to the emergency planning
requirements under EPCRA. In today's proposed rule, section 355.20
requires this notification be provided to both the SERC and the LEPC.
This is consistent
[[Page 31283]]
with section 302(c) of EPCRA, which provides for owners or operators to
notify the SERC and LEPC when their facility becomes subject to the
emergency planning requirements.
--Section 355.30(b) in the existing regulation requires that
notification be provided on or before May 17, 1987 or within 60 days
after a facility first becomes subject to the requirements. The
notification deadlines in the existing regulation correspond to the
statutory deadlines at EPCRA section 302(c). Section 355.20 in today's
proposed rule requires that emergency planning notification be provided
by May 17, 1987 or within 60 days after a facility first becomes
subject to the requirements (in accordance with the statutory deadlines
at EPCRA section 302(c)) or within 30 days after establishment of an
LEPC. EPA is proposing to add ``within 30 days after establishment of
an LEPC'' in section 355.20 of today's proposed rule to provide for
consistency with the statutory requirement at EPCRA section 303(d)(1)
to provide notice of the facility emergency coordinator within 30 days
of establishment of an LEPC. EPA believes that notification that a
facility is subject to EPCRA's emergency planning requirements, and
notification of a facility's emergency coordinator, which are the two
basic components of emergency planning notification, should be provided
according to consistent reporting deadlines. EPA does not believe that
it is reasonable to require a facility to provide notice of the
facility emergency coordinator in advance of the deadline for providing
notice that they are, in fact, subject to EPCRA's emergency planning
requirements. (The deadlines for providing notification of the facility
emergency coordinator are discussed in detail above.) EPA seeks, in
today's document, to provide for consistency between these two basic
components of EPCRA's emergency planning requirements.
Changes relevant to emergency planning. Section 355.30(d)
in the current regulation requires that facility owners or operators
inform the LEPC of any changes occurring at the facility which may be
relevant to emergency planning. The table in proposed section 355.20 in
today's rule contains this same requirement, and also indicates that
the information be provided promptly--EPA is proposing to add
``promptly'' to be consistent with EPCRA section 303(d)(2).
Format for notifications. In today's proposed rule, EPA
has added sections that discuss the format to be used for emergency
planning and emergency release notification (sections 355.21 and
355.41, respectively). EPA is not intending to change the existing
requirements for format of notifications, or to impose new
requirements. Sections 355.21 and 355.41 are intended simply to clarify
the existing requirements. Although the current regulation does not
state the required format for emergency planning notification, it long
has been EPA policy to recommend that the emergency planning
notification be made in writing. In the preamble to the final rule
establishing the emergency planning requirements (52 FR 13379, April
22, 1987), EPA stated that, ``Any facility where an extremely hazardous
substance is present in an amount in excess of the threshold planning
quantity is required to notify the State commission * * * Such
notification should be in writing * * * '' (emphasis added). Proposed
section 355.21 in today's rule is intended to reflect EPA's policy of
recommending (but not requiring) written emergency planning
notification.
24-hour time period for release. The emergency release
notification requirements in the existing regulation, found in section
355.40, don't indicate over what time period a release of a reportable
quantity must occur to trigger emergency release notification
requirements. Under EPCRA section 304(a), releases are reportable if
they occur in a manner that requires, or would require, notification
under CERCLA section 103(a). Thus, EPA's interpretation has been that
the 24-hour policy applicable under CERCLA also applies under EPCRA.
This interpretation, which long has been EPA policy, is being codified
in today's proposed rule. Accordingly, section 355.33 in this proposed
rule indicates that the ``release of a reportable quantity * * * within
any 24-hour period'' triggers emergency release notification
requirements.
Releases during transportation. The emergency release
notification requirements that apply to release of a substance during
transportation (or storage incident to transportation) are in section
355.40(b)(4)(ii) in the existing regulation. The term ``transportation-
related release'' is used in that section, and is also defined there.
Section 304(b)(1) of EPCRA, which provides the statutory requirements
for releases during transportation or storage incident to
transportation, doesn't use the term ``transportation-related
release.'' In today's proposed rule, the requirements for releases
during transportation or storage incident to transportation are in
section 355.42(b). In that section the term ``transportation-related
release,'' and its definition, have been removed because EPA believes
that the use of that term adds to the confusion about these
requirements. In addition, the language of that section has been
modified to generally track the statutory language in EPCRA 304(b)(1).
EPA requests comments as to whether additional guidance should be
provided concerning notification of releases during transportation (or
storage incident to transportation). EPA also requests suggestions as
to what type of additional guidance would be helpful.
Releases that are continuous. A release that is continuous
and stable in quantity and rate, under the definitions in 40 CFR
302.8(b), qualifies for reduced reporting requirements under EPCRA. The
requirements for reporting continuous releases are in section
355.40(a)(2)(iii) in the current regulation, and in section 355.32 in
today's proposed regulation. Continuous releases are subject to four
specific reporting requirements. These requirements have been
reorganized in today's proposed rule, to clarify that each of the four
notifications must be made to the community emergency coordinator for
the LEPC for any area likely to be affected by the release and to the
SERC of any State likely to be affected by the release (in addition to
the notifications required under 40 CFR 302.8). The Agency stated that
these four notifications are to be made to the SERC and the LEPC (in
addition to the NRC) in the final rule establishing the requirements
for reporting continuous releases of hazardous substances published on
July 24, 1990 (55 FR 30179).
State or local format for reporting inventory information.
--One of the purposes of today's proposal is to insure that SERCs and
LEPCs have flexibility with respect to the manner in which information
is reported under EPCRA sections 311 and 312. Sections 370.40 and
370.41 in EPA's existing rule allow for flexibility by providing that a
State or local form may be used for reporting inventory information, as
long as the State or local form contains identical content to the
uniform federal forms (Tier I of Tier II forms). To further clarify
this flexibility, EPA proposes today to revise those provisions such
that the use of a State or local format is allowed (see proposed
section 370.40). These proposed revisions would clearly encompass
submittal of inventory information in any number
[[Page 31284]]
or potential manners, including electronic submittal, so long as all
information required under the statute and its implementing regulations
were provided.
--Section 370.43 in today's proposed rule provides weight range codes,
and codes for storage types and conditions, that are used when
reporting Tier I and Tier II information (the same codes are in
sections 370.40 and 370.41 in the current regulation). These codes must
be used when reporting inventory information using the federal Tier I
and Tier II forms. However, when State or local formats are used for
reporting Tier I and Tier II information (as discussed above), EPA
allows the use of State or local codes for weight ranges and storage
types and conditions. State or local codes may be used for reporting
weight ranges, provided that the weight ranges are no broader than
those in proposed section 370.43. State or local codes may be used for
reporting storage types and conditions, provided that the codes specify
the same or more detailed information as that specified in proposed
section 370.43. Paragraph (d) in proposed section 370.43 has been added
to clarify this flexibility regarding the use of EPA's codes. For
example, a State or local government might choose to specify ranges in
gallons instead of in pounds--such ranges may be used when reporting
amounts, provided that weight ranges corresponding to the given ranges
in gallons are not broader than the ranges in proposed section 370.43
(and provided that a format other than the federal Tier I or Tier II
forms are used).
SERC or LEPC response to a request for Tier II information
within 45 days. Section 370.61 in today's proposed rule states that ``A
SERC or LEPC must respond to a request for Tier II information * * *
within 45 days of receiving such a request.'' This requirement isn't
found in the existing regulation. However, this requirement is
specified under EPCRA section 312(e)(3)(D), and EPA is proposing to
codify the statutory requirement at this time for clarity. Codifying
this requirement will not create any new substantive requirement, since
it was already provided by the statute.
EPA requests public comment on all aspects of the proposed
regulatory revisions described above.
6. Definitions
In today's proposed rulemaking, the definitions for parts 355 and
370 (that currently are found in sections 355.20 and 370.2,
respectively) have been combined into one section and placed at the end
of part 355. See proposed section 355.62. This was done because parts
355 and 370 are closely related and are published together, and the
defined words used in both parts are generally the same.
Placing the consolidated definitions section at the end of part 355
relieves the reader of having to read through all of the definitions
before seeing how they are used in the text. A short statement at the
beginning of each part in today's proposed rule tells the reader where
to find the definitions. Words that are defined in the consolidated
definitions section are printed with the initial letter capitalized the
first time they are used in each part, to highlight them. EPA is
seeking comments concerning whether or not these changes improve the
readability of the rule.
Some minor revisions to the contents of the definitions are
proposed in today's rulemaking. EPA intends these changes to make the
definitions clearer and easier to use. Some of these changes were
necessary to consolidate the two existing definitions sections into one
section. EPA requests public comment on the proposed changes to the
definitions, which are as follows:
Act. The term ``act'' is defined in the existing
definition section for part 355 as ``the Superfund Amendments and
Reauthorization Act of 1986.'' This definition has been removed from
the proposed definitions section, which applies to both parts 355 and
370. The Emergency Planning and Community-To-Know Act (EPCRA), the
Occupational Safety and Health Act (OSHA), the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), and
the Clean Air Act (CAA) are each referenced in today's proposed rule.
The term ``act'' is not used in today's rule without the name of the
``act'' it is referencing, so it is unnecessary to give it a specific
meaning.
SERC and LEPC. As discussed above, the terms
``commission'' and ``committee'' have been replaced with ``SERC'' and
``LEPC,'' respectively, throughout today's proposed rule. Accordingly,
the terms ``commission'' and ``committee'' have been replaced with
``SERC'' and ``LEPC'' in the proposed definitions section, which is
section 355.62 in today's rule. No changes are proposed to the
definitions themselves in today's rule, the terms ``commission'' and
``committee'' have simply been replaced by ``SERC'' and ``LEPC.''
EPCRA and OSHA. Definitions of ``EPCRA'' and ``OSHA'' have
been added in the consolidated definitions section proposed in today's
rulemaking. These acronyms frequently are used throughout the rule.
Placing them in the definitions section should make it easier for the
reader to find their meanings.
Facility. The term ``facility'' is defined in both parts
355 and 370 in the existing rule. The two definitions are identical,
except that in part 370 the definition of ``facility'' includes ``all
natural structures in which chemicals are purposefully placed or
removed through human means such that it functions as a containment
structure for human use.'' EPA intends for the definition of
``facility'' under part 355 to be identical to the definition under
part 370 (see 55 FR 30634, July 26, 1990; and 54 FR 12999, March 29,
1989). This is being clarified in today's proposed rulemaking by
including ``all natural structures in which chemicals are purposefully
placed or removed through human means such that it functions as a
containment structure for human use'' in the definition of ``facility''
under the consolidated definitions section (see proposed section
355.62).
Hazardous substances. The term ``CERCLA hazardous
substance'' is defined in the existing definitions for part 355, but
not in the definitions for part 370. This term is defined in the
proposed combined definitions section. The terms have been reorganized
such that ``CERCLA hazardous substance'' and ``extremely hazardous
substance'' appear together under the heading ``hazardous substances.''
EPA believes that putting the definitions of the two terms together
under a common heading will help clarify the difference between these
closely related terms. In addition, these terms now appear immediately
after the definition of ``hazardous chemical,'' which is the third
category of substances regulated by today's rulemaking. Placing
together the definitions of each of the categories of substances that
this rule regulates should help the reader to compare and understand
their meanings.
Hazardous chemical. No change is proposed to the meaning
of the term ``hazardous chemical.'' However, two organizational changes
are proposed that should improve the clarity of the definition. The
first is that the list of exceptions to the term has been reformatted.
The second involves the definition of the phrase ``present in the same
form and concentration as a product packaged for distribution and use
by the general public,'' which is used within the definition of
``hazardous chemical'' (in the list of
[[Page 31285]]
exceptions to the term). This phrase is defined in the existing
definitions section for part 370, in a separate paragraph from the
definition of ``hazardous chemical.'' In the consolidated definitions
section in today's rulemaking (proposed section 355.62), the definition
of this phrase has been relocated to appear within the definition of
``hazardous chemical.'' The list of exceptions to the definition of
``hazardous chemical'' is reiterated in section 370.13 in today's
proposed rule, and the definition of ``present in the same form and
concentration as a product packaged for distribution and use by the
general public'' is placed within that list.
Inventory form. The Tier I and Tier II ``inventory forms''
have been removed from the regulation, as discussed above. The
definition of ``inventory form'' has been modified to reflect that,
under the proposed rule, the Tier I and Tier II forms no longer are set
forth in part 370.
Mixture. In the existing rule, the term ``mixture'' is
defined in part 355 but not in part 370, although the term is used in
both parts. In today's proposed rulemaking, ``mixture'' is defined in
the consolidated definitions section. For the purposes of part 355, the
proposed meaning of ``mixture'' is the same as the existing meaning,
except that the existing definition includes the term ``compounds'' and
the proposed definition does not. EPA believes that this term shouldn't
be included--in a ``compound'' the various constituents don't retain
their individual identities, so a ``compound'' shouldn't be treated as
a mixture for the purposes of part 355. For the purposes of part 370,
the proposed definition of ``mixture'' is ``mixture'' as defined under
29 CFR 1910.1200(c). Applicability for the part 370 requirements is
based on OSHA's hazard communication standard (29 CFR 1910.1200), and
today EPA is proposing this regulatory revision to clarify the Agency's
policy that the definition of ``mixture'' at 29 CFR 1910.1200(c)
applies to 40 CFR part 370.
Reportable quantity. In section 355.20 in the current
regulation, ``reportable quantity'' means, ``for any CERCLA hazardous
substance, the reportable quantity established in Table 302.4 of 40 CFR
part 302, for such substance, for any other substance, the reportable
quantity is one pound.'' In section 355.62 in today's proposed rule,
however, ``reportable quantity'' is defined as, ``for any CERCLA
hazardous substance, the reportable quantity established in Table 302.4
of 40 CFR part 302, for such substance. For any extremely hazardous
substance, reportable quantity means the reportable quantity
established in appendices A and B of this part, for such substance.
Unless and until superseded by regulations establishing a reportable
quantity for newly listed EHSs or CERCLA hazardous substances, a weight
of 1 pound shall be the reportable quantity.'' EPA seeks to make clear
that the phrase ``any other substance'' in the current definition
refers only to EHSs (that are not also CERCLA hazardous substances).
``Reportable quantities'' currently have been established by EPA for
all EHSs, so the proposed definition directs the reader to appendices A
and B of part 355, where the ``reportable quantities'' are published.
The language, ``Unless and until superseded by regulations establishing
a reportable quantity for newly listed EHSs or CERCLA hazardous
substances, a weight of 1 pound shall be the reportable quantity'' has
been added to clarify that the statutory default reportable quantity is
one pound for EHSs and CERCLA hazardous substances (see EPCRA section
304(a) and CERCLA section 102(b), respectively).
Threshold planning quantity. The definition of ``threshold
planning quantity (TPQ)'' has been changed to make it clear where in
the existing regulations the TPQs are found, in order to avoid any
confusion that may arise due to the consolidation of the definitions
for parts 355 and 370.
Tribe. The term ``Tribe'' was placed together with the
definition of ``Indian Tribe,'' because these terms have the same
meaning in the regulation and the term ``Tribe'' isn't defined in the
existing rule.
V. What Draft Guidance Is EPA Publishing in This Preamble?
The discussion below addresses a number of issues for which EPA is
considering providing guidance, to facilitate understanding and
flexibility in complying with the existing regulatory requirements.
Although the draft guidance explored below does not involve any
revision to the existing regulatory requirements, EPA seeks public
comment in developing this guidance.
A. Increased Flexibility for States and Local Governments With Respect
to Reporting Under EPCRA Sections 311 and 312
In order to streamline compliance with the existing regulatory
requirements, EPA is developing guidance discussing certain reporting
options that SERCs, LEPCs and fire departments may wish to consider in
implementing EPCRA sections 311 and 312. This effort is part of the
President's program for reinventing government and reforming regulatory
policy. Several different options under sections 311 and 312 are
discussed below. EPA does not believe any of these options would entail
regulatory changes. EPA's intention is to generate discussion of
different options at this time. While EPA's objective is to identify
opportunities for flexibility in implementing EPCRA sections 311 and
312, SERCs, LEPCs, fire departments, and facility owners and operators
would not have to follow any of the draft options. Further, SERCs and
LEPCs could implement the options discussed in section A(1), (2), (3)
and (4) regardless of whether EPA issues final guidance, provided the
implementation of the option meets the statutory and regulatory
requirements.
Numerous stakeholders have asked EPA to provide greater flexibility
with respect to reporting under section 312 of EPCRA, in order to
facilitate their use of the reporting information. EPA agrees that
enhanced flexibility would allow SERCs and LEPCs greater discretion in
implementing the EPCRA program; however, an increase in flexibility may
compromise the existing national consistency within the EPCRA program.
Also, if the EPCRA programs become less consistent nationally, Federal
guidance may become obsolete. This could increase the burden on State
and local entities to provide guidance to their regulated community.
EPA is also concerned that increased State and local flexibility may
compromise Federal, State and local compliance efforts. EPA is
presenting several options that would clarify State and local
flexibility with respect to reporting under sections 311 and 312, and
is seeking public comment on those options. EPA is especially
interested in comments from SERCs, LEPCs and local fire departments,
and will consider all public comments in developing this guidance under
the EPCRA program.
Section 311 of EPCRA requires facilities to submit MSDSs (or a list
of hazardous chemicals subject to the requirements) to the SERC, the
LEPC, and the fire department with jurisdiction over the facility.
Likewise, section 312 requires facilities to submit an emergency and
hazardous chemical inventory form (containing at a minimum the Tier I
information) by March 1 of every year to the same three entities.
Sections 370.40 and 370.41 in the existing rule allow facilities to use
State and local forms instead of the federal forms, provided the State
or local form contains the information required by the statute and its
implementing regulations. In today's
[[Page 31286]]
proposed rule, section 370.40 similarly provides that a State or local
format may be used if the State or local format contains at least the
Tier I information.
Throughout the implementation of EPCRA, States have suggested
alternatives to the federal reporting format. EPA has considered these
suggestions, and is presenting suggested alternatives below for public
comment. Every SERC, LEPC and fire department would have the choice of
adopting any, or none, of the alternatives explored below--EPA would
not require the adoption of any of these options. EPA would like to
provide flexibility in implementing EPCRA sections 311 and 312,
provided that the statutory and regulatory standards regarding
information reported (at a minimum the Tier I information), recipients
of information (the SERC, the LEPC, and local fire department), and
timing of submission (March 1 annually under section 312, and within 3
months after becoming subject under section 311), are met. EPA believes
it is important for the SERC, the LEPC, and the local fire department
to have the information provided under sections 311 and 312 and the
implementing regulations, at the required time. Each entity has a
unique use and need for this information. EPA seeks comments on the
following alternatives for reporting under sections 311 and 312 of
EPCRA.
1. UST Forms to Fulfill the Requirements for Tier I Information Under
EPCRA Section 312
EPA is aware that many facilities that are subject to the
underground storage tank (UST) regulations under section 9002 of RCRA
are also subject to the reporting requirements under EPCRA sections 311
and 312. Some, but not all, of the reporting information that is
currently required under section 312 of EPCRA and under the Federal UST
program, is duplicative. In keeping with EPA's efforts to provide
flexibility with respect to meeting the reporting requirements, EPA is
considering developing guidance which would clarify that States, if
they so choose, have the option to allow the UST form required under
RCRA to be used to comply with the reporting requirements under section
312 of EPCRA, provided that all of the statutory and regulatory
reporting requirements under section 312 are met. The statutory and
regulatory reporting requirements are discussed in detail below.
EPCRA section 312 requires submission of an inventory form
containing, at a minimum, Tier I information, and also requires that
the EPA publish a uniform format for inventory forms. However, neither
the statute nor the implementing regulations require that the uniform
federal format be used for submission of information under section 312.
Sections 370.40 and 370.41 in the existing rule provide that a State or
local form that includes content identical to that of the Tier I or
Tier II forms, respectively, may be used instead of the Tier I or Tier
II forms. It long has been EPA policy that alternative State and local
formats are acceptable for reporting under section 312. Today, EPA is
proposing to remove the forms themselves from the regulation, as
discussed above, in part IV.B.2. of this document.
Some States have suggested to EPA that the UST form and submittal
procedures under their State UST programs are similar to the EPCRA
section 312 reporting requirements, and have asked for guidance on
whether their State UST form could fulfill the requirements under EPCRA
section 312. By clarifying the conditions under which a single form (or
forms) would fulfill the reporting requirements under a UST program and
under EPCRA section 312 and its implementing regulations, EPA intends
to provide States with flexibility in implementing the EPCRA program
and also seeks to reduce the reporting burden on regulated facilities,
while preserving the goals of the two programs. The issue of using UST
forms to substitute for the Tier I information was also addressed in a
December 27, 1988 Federal Register Request for Comments (53 FR 52273).
In order for the UST form to address section 312 of EPCRA, all of
the statutory and regulatory reporting requirements under section 312
must be met. The statute and regulations contain requirements for the
information reported, the recipients of the information, and the timing
of the submission. A comparison of those requirements with the Federal
UST program follows:
Information Reported: Tier I information is the minimum
information required under EPCRA section 312 and the implementing
regulations. In addition, Tier II information must be reported upon
request. Note that some States or LEPCs require more than the minimum
data that EPA requires. In order for the UST form to meet the routine
reporting requirements under EPCRA section 312, it must contain at
least the information required for the Tier I information.
Recipients of Information: EPCRA section 312 requires that
the reporting information be submitted to the SERC, the LEPC, and the
fire department with jurisdiction over the facility. The UST program
under RCRA requires that the UST forms be submitted to a State agency.
However, that State agency is not necessarily the SERC. If the UST
forms are to meet section 312 of EPCRA, then the SERC, the LEPC, and
the fire department must all receive the information.
Timing of Reporting: Under EPCRA section 312 and the
implementing regulations, the owner or operator of a regulated facility
must submit the required Tier I reporting information by March 1 of the
first year after the facility first becomes subject to reporting, and
by March 1 of each year afterwards (see EPCRA section 312(a)(2), and 40
CFR 370.20(b)(2) and 370.25(a)). In addition, the owner or operator of
a regulated facility must submit Tier II information within 30 days of
the receipt of such a request from the SERC, the LEPC, or the fire
department having jurisdiction over the facility (see EPCRA section
312(e)(1) and 40 CFR 370.25(c)). In contrast, the UST program requires
a one-time notification, not an annual notification. If the UST forms
are to meet section 312 of EPCRA, then they must contain Tier I
information and must be submitted annually by March 1, as required
under EPCRA. Additionally, the owner or operator would continue to be
subject to the requirement to submit Tier II information upon request.
The reporting requirements under the Federal UST program differ
from reporting requirements under EPCRA section 312 in terms of
content, recipients, and timing of submission. In order for the UST
form to fulfill the reporting requirements under EPCRA section 312, all
of the requirements for content, recipients and timing described above
must be met. If a facility submits its UST form in such a manner that
each of these requirements is met, EPA would consider that facility to
be in compliance with section 312 of EPCRA.
If an UST form is submitted to fulfill EPCRA section 312
requirements, under the conditions examined here, it might be advisable
to indicate on that form that it is being submitted for EPCRA section
312, so that the receiving entity will know why the UST form was
submitted. In addition, it is conceivable that a facility may submit
UST forms, as well as other inventory forms, together in one section
312 submission. In such a case, it may be advisable to indicate on both
sets of forms the total number of pages in the submission, and that
some of the information is reported on UST forms and some on other
inventory forms, to avoid any confusion for the receiving entity.
EPA requests comments on the draft guidance provided above, and on
any
[[Page 31287]]
other issues or concerns regarding the use of UST forms to fulfill
reporting requirements under EPCRA section 312.
2. Partnership Programs for Joint Access to Information and Streamlined
Submission of EPCRA Sections 311 and 312 Reporting
Sections 311(a)(1) and 312(a)(1) of EPCRA require the owner or
operator of covered facilities to submit an MSDS (or list of hazardous
chemicals) and Tier I inventory information. There are two key
requirements associated with the reporting of this information. First,
the information must be submitted to the following three entities: the
SERC, the appropriate LEPC, and the fire department with jurisdiction
over the facility. Second, there are specific compliance deadlines
governing submission of the information to the three entities. The
basic requirement to submit the EPCRA sections 311 and 312 information
to the SERC, the LEPC and fire department by specific deadlines is
implemented in 40 CFR sections 370.21 and 370.25 of the existing
regulations, and is proposed in today's document at sections 370.32,
370.33, 370.40, 370.44 and 370.45 without substantive revision.
EPA is interested in exploring how the statutory and regulatory
requirements to submit the MSDS and Tier I information to all three
entities, by the required deadlines, could be streamlined to reduce the
reporting burden on regulated facilities. Specifically, EPA is
exploring the conditions under which the SERC, LEPCs and fire
departments could establish partnerships for joint receipt of EPCRA
information. Under such partnerships, a submission timely reported
under EPCRA sections 311 or 312 to a central database that the SERC,
the LEPC and fire department have unrestricted access to, could jointly
be received by all three entities. In other words, timely submission to
the joint database could constitute timely submission to all three
entities in accordance with the statute and regulations. In the
discussion below, EPA examines a number of issues involved in
developing this guidance. EPA seeks public input on all of these
issues, to help design guidance to facilitate streamlined submission of
EPCRA information.
A critical consideration in designing any guidance on streamlined
submittal is to ensure that emergency response officials, State and
local officials, and other members of the community continue to have
timely access to information reported under EPCRA sections 311 and 312.
As discussed, to be in compliance with EPCRA, covered facilities need
to submit the required information by specific statutory and regulatory
deadlines. For example, the reporting for EPCRA section 312 Tier I
information is due each year by March 1st, to cover hazardous chemicals
present at the facility the preceding calendar year. See EPCRA section
312(a)(2). Thus, any partnership program for joint access to
information would need to ensure that the SERC, the LEPC and the fire
department receive Tier I information by March 1st. As noted, under the
partnership program concept, this could be accomplished by timely
submittal to a central database that all three entities have
unrestricted access to and thereby jointly receive. The critical point
is that the goal of the streamlined submittal policy is to reduce the
reporting burden on regulated facilities without diminishing timely and
full access to reported information.
A potential example of streamlined submission is a joint electronic
database. If, for example, covered facilities submitted the information
required under EPCRA sections 311 and 312 to a joint electronic
database to which the SERC, the LEPC and the fire department each have
unrestricted access, then timely submittal to the single electronic
database could constitute timely submittal to all three entities. The
obvious advantage of the electronic database example is that the
regulated community could provide the required information to all three
entities through a single streamlined submission. This could reduce the
reporting burden on the regulated community. EPA is interested in other
examples of systems through which a single submittal of EPCRA
information could similarly be jointly received by the SERC, the LEPC
and the fire department.
In part V.A.3 of this document (immediately below), EPA explores
the development of guidance on optional electronic submittal of
information required under EPCRA sections 311 and 312 and the
implementing regulations. If EPA establishes guidance for streamlined
submittal that relies on the use of a central electronic database for
joint receipt of EPCRA information, as suggested above, EPA would build
on the guidance for electronic submittal of EPCRA information discussed
in part V.A.3 of this document.
EPA notes that information partnerships could be structured to
reduce the overall information management burden on SERCs, LEPCs and
fire departments. By joining together to collectively access the EPCRA
information reported under sections 311 and 312, SERCs, LEPCs and fire
departments could conserve resources through economies of scale. For
instance, in the electronic submittal example, a single electronic
database would be more efficient than three separate databases. Thus,
the initial effort to establish partnership programs for joint access
to information could be offset by the resources saved from more
efficient program administration.
Regardless, EPA does not wish to create burden for the State and
local entities implementing EPCRA. Thus, an important principle of the
streamlined submittal guidance under development is that participation
by SERCs, LEPCs and fire departments would be entirely voluntary.
SERCs, LEPCs and fire departments would decide on their own accord
whether establishing partnership programs for joint access to
information is a sensible option for them.
To promote flexibility in the establishment of partnership
programs, EPA also wishes to explore how a variety of different
partnerships could be created based on the interests and capabilities
of the SERC, the LEPCs and the fire departments in any given State.
Partnerships could range from statewide to more limited partnerships as
SERCs, LEPCs and fire departments see fit. For example, a SERC could
form partnerships with all of the LEPCs and fire departments in the
State managing EPCRA information. If the SERC, the LEPCs and fire
departments had unrestricted access to a statewide electronic database,
then for any facility in the State, timely submission to the central
electronic database could constitute timely submission to each entity
under EPCRA.
Such a statewide EPCRA database could have several benefits in
addition to reducing the reporting burden for the regulated community.
For example, compilation of the information in a single database, such
as a statewide web site accessible from the Internet, could provide
greatly expanded public access to EPCRA information, advancing the
fundamental purpose of EPCRA-- community right-to-know. Further, if the
public has ready access to the information, there may be fewer requests
from the public for information, which could result in a decrease in
the overall administrative burden to process such requests. EPA also
recognizes that there may be technical information management issues to
explore further. EPA seeks comment about how broad partnerships, such
as statewide electronic databases, could best be implemented.
[[Page 31288]]
In addition, EPA seeks input on the establishment of more limited
partnership programs for joint access to information. As an alternative
to a statewide database, limited partnerships might include two of the
three entities to which EPCRA information must be submitted. Such
partnerships would still reduce the reporting burden for the regulated
community. For example, the fire departments in a State that wishes to
establish a partnership may not presently have adequate tools to access
a central electronic database. A SERC and LEPC may nevertheless choose
to establish a limited partnership so that timely submission to their
joint database would constitute timely submission to both the SERC and
the LEPC. In this example, EPCRA would still require a covered facility
to make a separate submittal to the appropriate fire department, but
the reporting burden on the regulated community would still be reduced.
In a similar manner, limited partnerships could be formed between the
LEPCs and fire departments or the SERC and fire departments. Under any
such scenario, EPCRA would require a separate submission to the entity
not included in the partnership.
EPA seeks public input on how partnerships, whether broad or
limited, should be established by the partners. For example, EPA is
contemplating whether it should encourage SERCs, LEPCs and fire
departments to spell out partnerships through a Memorandum of
Understanding (MOU) or other written document. There are several
reasons to establish a partnership through a written document. First, a
written document describing the partnership will help delineate clearly
relative roles and responsibilities of the participating partners,
ensure that all partners participate willingly, and provide continuity
when there are changes in personnel. Further, a written document will
help ensure that the regulated community is aware of the governmental
partnership and, by making the partnership better known, will help
maximize the benefits of reducing the EPCRA reporting burden.
Additionally, formal delineation of partnerships will help ensure that
the community knows and understands how the information is handled,
promoting community involvement in the program. EPA seeks public
comment on whether the partnerships should be formally delineated
through MOUs or other written documents. EPA also seeks public input on
whether, once formed, it makes sense to notify the regulated community
and the public so that they are aware of, and can put to use, the
streamlined submittal option.
EPA would like to maintain reporting flexibility under this draft
guidance. State and local partnerships for streamlined submission of
information under EPCRA sections 311 and 312 should be structured to
allow facilities the option of submitting the information separately to
all three entities (SERC, LEPC and local fire department), instead of
submitting it to the joint database (or other appropriate system for
joint access to information). Some regulated facilities may not have
adequate electronic tools to submit information to an electronic
database or may have other concerns with the streamlined submittal
approach. The objective is to reduce the reporting burden on the
regulated community. Therefore, if a facility owner or operator decided
that, on balance, it is more sensible to submit separately instead of
jointly to all three entities, EPA would not want that reporting option
to be eliminated. Further, the SERC, the LEPC and the local fire
department would still have the option to receive Tier II information
separately from the facility by requesting it (see section 370.10(b) in
today's proposed regulation).
To summarize, the proposed core elements of the draft streamlined
submittal guidance are as follows:
Voluntary Participation. SERCs, LEPCs and fire departments
would voluntarily decide whether they wish to form partnership programs
for joint access to EPCRA sections 311 and 312 information, based upon
their own programmatic priorities.
Flexible Participation. Partnership programs for joint
access to information could include a range of potential partnerships;
from SERC and LEPC, or LEPC and fire departments for a particular
emergency planning district, to statewide partnerships that include the
SERC, and all LEPCs and fire departments.
Information Management Systems that Streamline Reporting
and Maintain Community Access. Whatever the scope of the partnership,
it should involve a system that allows for a single streamlined
submission of EPCRA MSDS and Tier I information, that must be jointly
and timely received by all members of the partnership, and that
provides all partners unrestricted access to the EPCRA information
(although a separate submission would need be made to an entity not
included in the partnership). An example is submission of EPCRA
information, by the compliance deadlines, to a joint, centralized
electronic database that all partners can access without restriction.
(Under EPCRA, the owner or operator of a covered facility would have to
make a separate submission to any SERC, LEPC or fire department not
included in the partnership.)
Written Formation and Public Notice of Partnership
Programs for Joint Access to Information. EPA believes there are clear
advantages for the formation of partnership programs through a written
instrument that describes relative roles and responsibilities under the
partnership. The formation of a partnership should be announced to the
public to promote awareness by regulated facilities and the affected
community.
Because EPA's draft guidance addresses reporting under EPCRA, EPA
is designing it to conform to the Federal requirements only. The draft
guidance does not address any additional State or local reporting
requirements. However, if desired, State and local officials could
incorporate or expand partnerships to address additional State or local
requirements. For example, where State law requires the routine
submittal of Tier II information (instead of Tier I information) to all
three entities, the partnership program could be designed to encompass
Tier II information. In this particular example, the annual submittal
of Tier II information could satisfy the EPCRA requirement for annual
submittal of Tier I information, in addition to addressing State and
local requirements, so long as the Tier II information is timely
received by the SERC, the LEPC and fire department.
EPA seeks public input on a number of issues related to this draft
guidance, including the following:
Whether SERCs, LEPCs and fire departments would be
interested in forming partnership programs for joint access to
information; whether these entities currently have the tools to form
such partnerships; what implementation obstacles are anticipated; and
how EPA could reduce any administrative burden associated with
developing and implementing such partnerships. EPA would also like to
know whether any State is interested in piloting a partnership program,
to promote streamlined submission of EPCRA information.
Whether the proposed core elements of the guidance are
sensible. Also, whether EPA has overlooked any specific concerns, and
any suggestions on ways the draft guidance should be revised.
How the draft streamlined submittal guidance described
here should be implemented in conjunction with the guidance for
electronic submittal of EPCRA sections 311 and 312
[[Page 31289]]
information (see part V.A.3 in this document), and what potential
obstacles are presented by the use of electronic means to streamline
submittal of information.
EPA understands that some SERCs, LEPCs and fire
departments are currently using electronic means to obtain and store
reporting data that is required under EPCRA sections 311 and 312 and
the implementing regulations. EPA is interested in comments concerning
the various software programs used, and any pitfalls encountered. EPA
is interested in how State and local experience might inform EPA's
guidance.
What other information systems, in addition to electronic
databases, could be established through which a submission to a central
database could be timely and jointly received by the SERC, the LEPC and
fire department.
Whether the partnership programs for joint access to
information should be formed through an MOU or other written document.
Also, how EPA could minimize the burden on SERCs, LEPCs and fire
departments of developing MOUs. If MOUs or other written documents are
not used to establish partnerships, how should partnerships be created?
As discussed above, EPA suggests that partnerships may
vary in scope--that is, a partnership could be between a SERC and LEPC
for a single emergency planning district, or might encompass a
statewide database. EPA seeks comment on whether the Agency should in
any way restrict participation in partnerships.
What technical database management issues are raised by
the draft guidance, and how could such issues be addressed?
In addition, EPA seeks public input on any other suggestions and
concerns regarding the draft guidance.
3. Electronic Submittal for EPCRA Sections 311 and 312 Reporting
EPA is considering the development of guidance on electronic
submittal to satisfy sections 311 and 312 reporting. As noted, EPA's
existing regulations give State and locals broad discretion to
determine the reporting format for section 312 information. Likewise,
under EPA's draft guidance on electronic submittal, States would
continue to be able to develop their own format for electronically
submitted section 312 reporting data, as long as the information
includes the information required by the statute and its implementing
regulations. Tier I information is the minimum information required
under EPCRA section 312 and the regulations. Tier II information, which
is more detailed, is required under some State laws and must be
provided upon request under EPCRA. EPA's regulations require section
312 reporting information to be certified by the facility owner or
operator, or an official designated representative, as to its accuracy
and completeness. This requirement applies to section 312 reporting
information regardless of the format in which it is submitted, and
would apply to electronic submittal. Section 311 and the implementing
regulations require submission of an MSDS or a list of hazardous
chemicals. If an electronic MSDS is developed such that it fits the
requirements for MSDS development found at 29 CFR 1910.1200(g), that
MSDS could be submitted electronically. EPA's existing regulations
don't specify a format for submission of a list of hazardous chemicals
under EPCRA section 311. Such a list could be submitted electronically.
If States and locals allow section 312 reporting information to be
submitted via the Internet, it will be necessary for the facility owner
or operator or its officially designated representative to certify the
information submitted. A number of Federal agencies, including EPA,
have been striving to develop methods for certification of
electronically submitted data. This is a difficult issue, and EPA has
not yet resolved it. One option EPA is considering is for the facility
owner or operator to mail a signed certification statement to the SERC,
or to all three entities, for data that has been submitted
electronically. It would be necessary to establish a precise
correspondence between the data submitted electronically, and the
certification statement submitted by mail. EPA seeks comments on ideas
for establishing such a correspondence.
One way to solve the problem of certification of electronically
submitted section 312 data is for the data be submitted on a diskette,
along with a signed certification statement. The data would be
submitted in an electronic format, but would not be transmitted via the
Internet. This may reduce some of the current data management burden on
regulated facilities, and on SERCs, LEPCs and fire departments that
receive EPCRA section 312 information. EPA believes that some States
may currently accept section 312 data on diskette (with signed
certification on paper), and seeks comments on the feasibility and
effectiveness of this reporting option.
Under EPCRA the requirements for Tier II information include
providing the locations of specific chemicals present at a facility. At
the same time, EPCRA provides that a facility may request that the SERC
or LEPC not disclose confidential location information to the public,
for a specific chemical. Under the current regulations a facility may
choose to report confidential location information, with respect to a
specific chemical, on a Tier II Confidential Location Information
Sheet, which must be attached to the other Tier II information being
reported. In this way, the SERC, the LEPC and the fire department
receive the location information but can readily recognize and separate
it in responding to a public request for Tier II information. If EPA
develops guidance on electronic submittal for sections 311 and 312
reporting it will be necessary to address issues relating to submission
of confidential location information. EPA seeks comments regarding
submission of confidential location information electronically.
The requirements for section 312 Tier II information include
providing the names of specific chemicals present at a facility;
however, the facility may withhold this information from reporting if
it claims the information as a trade secret. In addition, the facility
may withhold chemical identities from the MSDS or list of chemicals
required under section 311, if claimed as trade secret. Although trade
secret information may be withheld from the SERC, the LEPC and the fire
department, it must be submitted to EPA, along with a substantiation.
Forms for trade secrecy claims are available on the CEPPO Internet site
(www.epa.gov/ceppo), and EPA's final rule on trade secrecy (53 FR
28772, July 29, 1988) contains detailed information on how to submit
trade secrecy claims. While EPA is exploring, in today's document,
development of guidance for electronic submittal of sections 311 and
312 information to SERCs, LEPCs and fire departments, EPA is not
considering receiving trade secrecy information electronically. EPA
currently believes that the small number of trade secrecy claims that
EPA receives for sections 311 and 312 information would not justify the
development of a system for electronic submittal of such claims.
EPA is seeking public comments on the development of electronic
submittal guidance for sections 311 and 312 reporting, including ideas
for certification of electronically submitted data. EPA is interested
in public comment regarding any other issues or concerns that may not
have been discussed here, but that need to be considered in developing
electronic
[[Page 31290]]
submittal guidance. EPA is particularly interested in responses from
States, LEPCs and fire departments regarding their capabilities for
receiving and processing electronically submitted sections 311 and 312
information.
4. Incorporation of Previous Submissions Into EPCRA Section 312
Reporting
Section 312(a) (1) and (2) of EPCRA mandate that the owner or
operator of any facility that is required to prepare or have available
an MSDS for a hazardous chemical under OSHA prepare and submit an
inventory form containing Tier I information annually. Under EPCRA and
the existing regulations, facility owners or operators are obliged to
report all of the inventory information required under section 312 each
year. The Tier I information is the minimum routinely required by the
statute and regulations. Some States have imposed stricter reporting
requirements under State and local law.
In some cases, a facility may find that some or all of the
information from previous year's Tier I submission has not changed. EPA
is considering developing guidance to help reduce the burden of re-
creating information that has not changed from the previous year. In
order for the statutory and regulatory information requirements to be
satisfied, any option must ensure that the SERC, LEPC and local fire
department have complete, up-to-date, section 312 inventory information
by the reporting deadline each year. One option would be for the
facility to simply reference and attach a copy of the unchanged
information from the previous year's submittal to the current year's
Tier I submission. This would mean that the facility would have to
retain a copy of its previous submission.
A second option would be for the facility to reference previous
submittals retained by the SERC, LEPC, and local fire department.
However, if facilities are to submit only their changes each year, then
SERCs, LEPCs, and fire departments receiving such reports need to have
retained inventory information from prior year(s), in order to have
complete, up-to-date information. In addition, facilities would need to
accompany such a submission with a statement that the section 312 Tier
I (or Tier II) information reported the prior year is ``incorporated by
reference'' in the new submission.
All of the section 312 information is necessary for emergency
planning and community right-to-know purposes. Thus, allowing
facilities to report under this second option would only be feasible in
cases where the SERC, LEPC and local fire department have maintained
the reporting information from prior year(s) such that they continue to
have access to all of the information required under section 312. This
second reporting option would be limited to those facilities where the
SERC, LEPC and fire department establish a policy to retain the
necessary section 312 information from year to year, and seeks comments
concerning this issue. Further, EPA believes that SERCs, LEPCs and fire
departments that choose to implement incorporation of prior submissions
by reference should communicate to potentially regulated facilities,
that this second reporting option is available.
Under the second reporting option, EPA would consider submission of
a statement of the changes in inventory information (or a statement
that there are no changes to report), accompanied by a statement that
the information submitted in the previous year's Tier I (or Tier II)
report is ``incorporated by reference'' in the new report, to
constitute submission of a Tier I ``inventory form'' as required by
statute. A facility that made such a submission would be in compliance
with the requirement to report Tier I inventory information under
section 312 of EPCRA, provided that upon receipt of such a submission,
the net result is that the SERC, LEPC and fire department had all of
the Tier I inventory information required under EPCRA section 312 and
the implementing regulations. (However, this may not meet State or
local laws with more stringent reporting requirements.)
The information required under section 312 and the implementing
regulations consists of a variety of data elements beyond the
quantities of hazardous chemicals on site, such as the number of days
that a chemical was on site, the general location of a chemical within
the facility, and an emergency contact person for the facility. It
would be necessary to consider each of the data elements required under
the statute and implementing regulations, before reporting the changes
in information (or that there were no changes), in order to use this
reporting method.
If either option were implemented, public access to the Tier II
reporting information required under section 312 and the implementing
regulations would be preserved, because the public's right to request
Tier II information would not be affected and facility owners or
operators would still be required to submit Tier II information upon
request of the SERC, LEPC or local fire department. In addition, States
and local governments can always choose to establish stricter reporting
requirements under State or local law.
Either reporting option would reduce the reporting burden for many
regulated facilities, since much of the required information wouldn't
typically change from year to year. The burden imposed on SERCs, LEPCs
and fire departments may increase under the second option, however,
because it would be necessary for these entities to retain reporting
information from previous year(s) and to manage or read together more
than a single report to comprehend a facility's reported information.
If SERCs, LEPCs or fire departments indicate to regulated facilities
that it is only necessary to report changes in section 312 information,
and then these entities fail to establish a policy for keeping previous
year's submissions, necessary inventory information may become less
readily available to local emergency officials and the public.
EPA's regulations require the Tier I (or Tier II) information
submitted under section 312 of EPCRA to be certified by the facility
owner or operator, or an official designated representative, as to its
accuracy and completeness. The certification must be accompanied by an
original signature. By certifying the accuracy and completeness of a
submission that attaches or incorporates previous reports, the
certifying individual would be assuming full responsibility for the
accuracy and completeness of the entire current submission, including
any information attached or incorporated by reference from a previous
report. The certifying individual couldn't disclaim responsibility for
inaccurate information that was attached or incorporated from previous
reports. EPA seeks comments regarding certification of a section 312
Tier I (or Tier II) submission that attaches or incorporates by
reference prior section 312 reports.
EPCRA section 312 and the implementing regulations require
submission of an inventory form containing, at a minimum, Tier I
information. Although EPA publishes uniform federal formats for
reporting (the Tier I and Tier II forms), State or local forms
containing the same information as the uniform federal forms are
acceptable for reporting inventory information. This flexibility is
provided in sections 370.40 and 370.41 in the existing rule. Section
370.40 in today's proposed rule likewise provides that State or local
formats containing at least the Tier I information are acceptable. The
reporting requirements concern the specific information to be reported,
not the form itself. EPA believes that a report stating any
[[Page 31291]]
changes in information, and attaching or incorporating by reference
information previously submitted, could constitute an ``inventory
form.'' EPA also believes that, provided that such a report contains,
attaches, or incorporates at least the Tier I information, the
statutory and regulatory requirements regarding the contents of an
inventory form would be met. In EPA's judgement, the SERC, LEPC and
fire department could implement either reporting option without a
change to the federal EPCRA regulations.
In considering these reporting options, EPA's intent is to balance
the amount of information generated under section 312 and the value of
that information, with the costs of providing and managing the
information. EPA is soliciting comments as to whether these reporting
options are feasible, particularly the second option. In addition, EPA
seeks public comment on whether the Agency should develop regulations
to support or control either of these reporting options. EPA
particularly seeks input from SERCs, LEPCs and fire departments about
administrative and implementation issues or concerns, associated with
the second option.
B. Electronic Access to Facilities' Databases of MSDSs
EPA believes that some facilities maintain an electronic database
of MSDSs. EPA is exploring the possibility of allowing a facility to
meet the requirement under EPCRA section 311 for submitting MSDSs by
giving the SERC, LEPC, and local fire department electronic access to
the facility's database of MSDSs, instead of actually submitting the
MSDSs to each of the three entities. EPA is not advancing this
reporting option at this time, but is seeking comment on the
feasibility of such an option. This reporting option raises several
concerns. It would be necessary to ensure that the SERC, LEPC or local
fire department had the capabilities to access such a database at any
time, to ensure the required information was clearly delineated and
readily accessible, and to ensure that access was uninterrupted, even
in the event of an emergency situation. While this option would reduce
the burden on regulated facilities, it could increase the burden on the
SERC, LEPC, or local fire department. EPA seeks comments on how this
option would increase or decrease the burden on SERCs, LEPCs, and fire
departments. EPA also seeks comment on whether facilities allowing
access to an electronic database of MSDSs could constitute submission
of an MSDS, as required under EPCRA section 311(a)(1).
C. Interpretation of the Hazardous Chemical Exemption for Solids Under
EPCRA Section 311(e)(2)
EPA is considering interpreting the exemption for hazardous
chemicals found at EPCRA section 311(e)(2) so that only the amount of
fume or dust given off a piece of metal (or other manufactured solid)
that is being modified be subject to EPCRA sections 311 and 312 and
applied toward threshold determination.
Under EPCRA section 311(e)(2), ``Any substance present as a solid
in any manufactured item to the extent exposure to the substance does
not occur under normal conditions of use'' is exempt from the
definition of hazardous chemical and therefore need not be reported
under sections 311 and 312. EPA's interpretation of this exemption has
been that portions of metal stock that are modified such that exposure
to a hazardous chemical can occur should be counted to determine the
quantity present for threshold purposes. For example, if there are
10,000 pounds of steel undergoing a welding process at a facility at
any one time, then 10,000 pounds would need be counted toward the
quantity for threshold determination.
EPA believes that the current interpretation of this exemption
occasionally requires reporting of information that is unnecessary for
emergency planning and community right-to-know purposes. Refining this
interpretation would relieve facilities from reporting that unnecessary
information. Under this approach, the facility owner or operator would
need to quantify the amount of fume or dust given off during a
modification process, in order to apply that amount toward threshold
determination.
EPA's intention is to interpret this exemption in a reasonable
manner, one that provides a balance between the amount of information
required to be reported, and the usefulness of the information for the
protection of public health and the environment. EPA requests comments
concerning whether it should revise its guidance on the meaning of this
exemption and, if so, whether the alternative interpretation described
above is sensible.
EPA would also like to clarify that, under any of the
interpretations of this exemption being considered, stamping a piece of
sheet metal doesn't negate the exemption for that piece of metal; the
piece of metal would still qualify for the exemption. EPA believes that
the stamping of sheet metal does not present exposure to a hazardous
chemical.
EPA also seeks to clarify that bricks generally need not be
reported under sections 311 and 312, provided that they are being
neither manufactured nor modified, because they fall under the
exemption at EPCRA section 311(e)(2). However, if a brick undergoes a
modification process (for example cutting) such that exposure to a
hazardous chemical can occur, then under the current interpretation,
the brick would no longer be exempt; and under the alternative
interpretation under consideration, that portion of the brick released
as fume or dust would no longer be exempt, but the remainder of the
brick would be exempt.
D. EPCRA Section 312 Reporting to Fulfill Reporting Requirements Under
Section 311
EPA is considering guidance that addresses how facilities may use
section 312 reporting to fulfill the reporting requirements under
section 311, provided that the reporting conforms to the required time
frame and that Tier II information is reported. The information and
timing requirements are discussed below.
Section 312 reporting can only be used to fulfill section 311
reporting if the section 312 report contains all of the information
required under section 311. Section 311 permits the choice of
submitting either an MSDS for each hazardous chemical being reported,
or a list of such chemicals grouped by hazard categories. Under section
312, a regulated facility may choose to submit Tier I information or
Tier II information; some States may require Tier II information. Tier
II information includes all of the data required under section 311.
Tier II information requires the reporting of hazardous chemicals, with
an indication of which hazard categories apply to each chemical being
reported. In short, Tier II information constitutes a list of hazardous
chemicals identified by hazard category, consistent with section 311.
In addition, section 312 and its implementing regulations require
reporting Tier I information by March 1 of each year for which
hazardous chemicals were present at a facility during the preceding
year, and Tier II information within 30 days of a request from the
SERC, the LEPC or the fire department. Section 311 and its implementing
regulations require reporting within 3 months after becoming subject to
the reporting requirements, or within 3 months after discovery of
significant new information concerning a hazardous chemical that
[[Page 31292]]
has already been reported, or within 30 days of a request from the
SERC, LEPC or the fire department. For any given year, a section 312
submission may be made between January 1 and March 1 of the following
year. Section 312 reporting could be used to meet section 311 reporting
for only those facilities that become subject to reporting under
section 311, or discover significant new information concerning a
hazardous chemical, between October 1 and December 31 of any given
calendar year.
Both sections 311 and 312 require submission of reporting
information to the SERC, the LEPC and the fire department with
jurisdiction over the facility, so allowing section 312 reporting to
meet section 311 reporting requirements does not create any
difficulties concerning recipients of the information.
EPA seeks comments from regulated facilities, SERCs, LEPCs, and
local fire departments regarding the usefulness of guidance on this
reporting option, and any difficulties that may have been encountered
in the past that might be relevant.
E. Emergency Planning Notification
Section 355.20 in today's proposed rule provides requirements for
emergency planning notification. That section is based on section
355.30 of the existing regulations, and indicates that notice of any
changes relevant to emergency planning, and any information requested
by the LEPC that is necessary for developing or implementing the local
emergency plan, must be submitted promptly to the SERC and the LEPC.
EPA is taking this opportunity to consider guidance on the meaning of
``promptly.'' EPA does not intend to define the term ``promptly,''
however, EPA believes that 10 to 20 working days is generally a
reasonable amount of time to provide such notice. EPA requests public
comment on this potential guidance.
F. Emergency Release Notification
Section 355.40 in today's proposed rule provides requirements for
emergency release notification. That section is based on section 355.40
of the existing regulations, and indicates that a written follow-up
emergency notice is to be provided as soon as practicable after a
release. EPA is taking this opportunity to consider guidance on the
meaning of ``as soon as practicable.'' EPA does not intend to define
the phrase ``as soon as practicable'--the amount of time required to
provide a written follow-up notice will depend on the specific
circumstances of an incident. However, EPA believes that it should be
practicable to provide such notice in no more than 30 days (although,
depending on the circumstances, more or less time may be appropriate
for the written follow-up notification). EPA requests public comment on
this potential guidance.
VI. What Else Is Different About This Rule?
A. Plain English Format
EPA is proposing today to rewrite and reorganize all of parts 355
and 370, which cover requirements for emergency planning and release
notification and hazardous chemical community right-to-know reporting,
to make them clearer and easier to use. These changes are proposed as
part of the Agency's ongoing efforts at regulatory reinvention.
Although the format has changed as a result of rewriting the regulatory
text in ``plain English,'' the only substantive regulatory changes that
EPA is proposing are those discussed above, under the heading What
Regulatory Changes is EPA Proposing in This Rule? EPA is not intending
to revise, reopen or reconsider the merits of any other aspects of the
existing regulatory requirements at 40 CFR parts 355 and 370. In
today's document EPA is also exploring the development of guidance on
the implementation of existing statutory and regulatory requirements,
as discussed under the heading What Draft Guidance is EPA Publishing in
This Preamble? Any previous policy statements, interpretations, or
guidance issued by EPA concerning the existing requirements under parts
355 and 370 would not be changed by today's document, except for the
specific guidance EPA has described in this document.
EPA is seeking comments concerning whether the plain English format
that is proposed in today's rulemaking is, in fact, clearer and easier
to use than the existing regulatory text. EPA requests suggestions for
improving the readability of the rule. EPA also is requesting comments
on whether any unintended substantive changes have been made as a
result of rewriting the regulatory text in plain English. Comments are
requested concerning all issues and options regarding the specific
substantive regulatory changes that are discussed in this preamble.
However, the regulations at 40 CFR parts 355 and 370 have been in
effect for many years and EPA is not soliciting comments on any other
aspects regarding the merits of those regulations in today's
rulemaking.
One of the proposed changes to parts 355 and 370 is to use tables
to reorganize and clarify some of the requirements. In particular,
sections 355.20, 355.60 and 370.14 of today's proposed rule each
contain tables. EPA is interested in public comment on the usefulness
of the proposed tables. Note that ellipses are used in the proposed
tables to help the reader walk through the tables, and do not reflect
the omission of any text. Ellipses used in the body of a table indicate
that the rows contain sentences to be read across the table from left
to right. Ellipses used in the heading of a table indicate the
continuation of a concept in the rows below.
It is important to understand that all of the requirements found in
today's proposed regulations, including those set forth in table
format, constitute binding, enforceable legal requirements. The plain
English format used in today's proposed regulations may appear
different from other rules, but it establishes binding, enforceable
legal requirements like those in the existing regulations at 40 CFR
parts 355 and 370. Note, however, that EPA has added some non-binding
guidance in today's proposed regulations in the form of notes. Such
notes are indicated in the regulations by the word ``note'' and a
smaller typeface (see, for example, the note at the end of proposed
paragraph 355.40(b)). These notes are intended to improve understanding
of the regulatory requirements, but are not binding under EPCRA.
Proposed sections 355.1 and 370.1 explain that the notes are considered
non-binding guidance.
B. Conversion Table
In an effort to make the requirements clearer and easier to use,
the existing parts 355 and 370 have been reorganized. The conversion
table below will help you to determine where the various sections of
the existing regulations are located in today's proposed rule:
----------------------------------------------------------------------------------------------------------------
Existing section Proposed section(s) Comment
----------------------------------------------------------------------------------------------------------------
355.10....................................... 355.1........................... ...............................
355.20....................................... 355.61.......................... Definitions for parts 355 and
370 were consolidated.
[[Page 31293]]
355.30....................................... 355.10, 355.11, 355.12, 355.13,
355.14, 355.15, 355.16, 355.20.
355.40....................................... 355.30, 355.31, 355.32, 355.33,
355.40, 355.42, 355.43, 355.60.
355.50....................................... ................................ Penalty provisions were removed
from the regulation; penalties
continue to apply under
statutory authority.
355.2........................... New section.
355.3........................... New section.
355.21.......................... New section.
355.41.......................... New section.
370.1........................................ 370.1........................... ...............................
370.2........................................ 355.61, 370.13.................. Definitions for parts 355 and
370 were consolidated;
exceptions to the definition
of hazardous chemical were
also placed in section 370.13.
370.5........................................ ................................ Penalty provisions were removed
from the regulation; penalties
continue to apply under
statutory authority.
370.20....................................... 370.10, 370.12, 370.20, 370.30,
370.33, 370.40, 370.45.
370.21....................................... 370.10, 370.30, 370.31, 370.32,
370.33, 370.62.
370.25....................................... 370.10, 370.40, 370.44, 370.45,
370.62, 370.65.
370.28....................................... 370.14.
370.30....................................... 370.10, 370.60, 370.61, 370.62,
370.63.
370.31....................................... 370.63, 370.64
370.40....................................... 370.40, 370.41, 370.43.......... Tier I form and instructions
were removed.
370.41....................................... 370.40, 370.42, 370.43, 370.64.. Tier II form and instructions
were removed.
370.2........................... New section.
370.3........................... New section.
370.11.......................... New section.
----------------------------------------------------------------------------------------------------------------
VII. Where Are SERCs and LEPCs Listed?
You may access a database of SERCs and LEPCs by visiting the CEPPO
Internet site, at www.epa.gov/ceppo. The database provides the most up-
to-date information that EPA has regarding contacts, phone numbers and
addresses for SERCs and LEPCs. This information is subject to change,
however. You may also contact the Hotline for information regarding
SERCs, and your SERC should be able to direct you to your LEPC. Hotline
phone numbers are listed in the preceding FOR FURTHER INFORMATION
CONTACT section. EPA is providing this information here in an effort to
ease compliance with the regulations at 40 CFR parts 355 and 370.
VIII. Regulatory Analyses
A. Executive Order No. 12866
Under Executive Order 12866, (58 FR 51735, October 4, 1993) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. This proposed rule is considered
significant because it advances novel policy issues. Thus, EPA has
submitted this action to OMB for review. The draft of this proposed
rulemaking document submitted to OMB for review, related documents, and
changes made in response to OMB suggestions or recommendations will be
documented in the public record and made available for public
inspection at EPA's CERCLA Docket Office (Docket No. 300RR-IF-1).
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996, or SBREFA) whenever an agency is required to publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
This analysis is unnecessary, however, if the agency's administrator
certifies that the rule will not have a significant economic impact on
a substantial number of small entities.
EPA has examined this rule's potential effects on small entities as
required by the Regulatory Flexibility Act and has determined that this
action will not have a significant economic impact on a substantial
number of small entities. This rule would reduce regulatory burdens for
small entities. The overall economic effect of this regulation has been
estimated to equate to 588,054 hours of burden reduction (with no added
burden) at a total cost saving of approximately $16 million per year to
all regulated entities. Therefore, this regulation will result in a
cost savings. Accordingly, the Agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. This rule, therefore, does not require a regulatory
flexibility analysis.
C. Paperwork Reduction Act
The information collection analysis for this proposed rule has been
submitted for approval to OMB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. An Information Collection
[[Page 31294]]
Request (ICR) document has been prepared by EPA (ICR No.1352.05) and a
copy may be obtained from Sandy Farmer by mail at OPPE Regulatory
Information Division; U.S. Environmental Protection Agency (2137); 401
M St., SW; Washington, DC 20460, by email at
[email protected], or by calling (202) 260-2740. A copy may
also be downloaded off the Internet at http://www.epa.gov/icr.
EPA currently has an approved ICR (ICR No. 1395.03) of 965,982
hours for the existing EPCRA sections 302, 303 and 304 (40 CFR part
355) reporting requirements, based on 106,400 annual responses,
averaging 20.75 hours per response for newly regulated facilities, 11.5
hours for existing facilities, and approximately 5 hours for emergency
release notification requirements with no annual record keeping burden
hours. Also, EPA currently has an approved ICR (ICR No. 1352.04) of
2,963,209 hours for the existing EPCRA sections 311 and 312 reporting
requirements (40 CFR part 370), based on 868,527 annual responses,
averaging 3.1 hours per response with no annual record keeping burden
hours. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
As part of the President's program for reinventing government and
reforming regulatory policy, EPA is proposing to relax the reporting
burden imposed by the EPCRA regulations at 40 CFR parts 355 and 370.
EPA anticipates that today's proposed rulemaking will reduce the burden
for part 370 from 2,963,209 hours to 2,375,155 hours, for a reduction
of 588,054 hours under ICR No. 1352.04. This translates into an
estimated cost savings of over $16 million.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden reduction estimates, and any
suggested methods for further minimizing respondent burden, including
through the use of automated collection techniques. Send comments on
the ICR to the Director, OPPE Regulatory Information Division; U.S.
Environmental Protection Agency (2137); 401 M St., SW; Washington, DC
20460; and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, 725 17th St., NW, Washington, DC 20503,
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in
any correspondence. Since OMB is required to make a decision concerning
the ICR between 30 and 60 days after June 8, 1998, a comment to OMB is
best assured of having its full effect if OMB receives it by July 8,
1998. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. This rule is intended to provide burden relief,
and doesn't impose additional costs to State, local, or tribal
governments, or to the private sector. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
EPA also has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The intent of this rule is to provide burden relief to
regulated entities, including small governments.
E. Environmental Justice
Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low-income populations. By proposing to
rewrite the regulations at 40 CFR parts 355 and 370 in plain English,
EPA intends to make the rule clearer and more easy to use, which may
decrease the costs of compliance and also promote more meaningful
public participation under EPCRA. This will benefit all of the public,
including minorities and low-income populations.
F. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. No. 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices, etc.) That are developed or
adopted by voluntary consensus standards bodies. The NTTAA requires EPA
to provide Congress, through OMB,
[[Page 31295]]
explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
EPA is not proposing any new test methods or other technical
standards as part of today's rule, which proposes revisions to the
regulations implementing the emergency planning and release
notification and hazardous chemical community right-to-know
requirements under EPCRA. Thus, the Agency does not need to consider
the use of voluntary consensus standards in developing this proposed
rule. EPA invites public comment on this analysis.
G. Executive Order 13045
The Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that EPA determines (1) ``economically
significant'' as defined under Executive Order 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children; and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This
proposed rule is not subject to E.O. 13045 because a) this is not an
economically significant regulatory action as defined by E.O. 12866 and
b) the environmental health or safety risks addressed by this action do
not have a disproportionate effect on children.
List of Subjects in 40 CFR Parts 355 and 370
Environmental protection, Air pollution control, Chemical accident
prevention, Chemical emergency preparedness, Chemicals, Community
emergency response plan, Community right-to-know, Contingency planning,
Disaster assistance, Emergency planning and community right-to-know
act, Hazardous substances, Intergovernmental relations, Natural
resources, Reporting and recordkeeping requirements, Threshold planning
quantity, Water pollution control, Water supply.
Dated: May 21, 1998.
Carol M. Browner,
Administrator.
For the reasons discussed in the preamble the Environmental
Protection Agency proposes to revise 40 CFR parts 355 and 370 as
follows:
PART 355--EMERGENCY PLANNING AND NOTIFICATION
Subpart A--General Information
Sec.
355.1 What is the purpose of this part?
355.2 Who do ``you,'' ``I,'' and ``your'' refer to in this part?
355.3 Which section contains the definitions of the key words used
in this part?
Subpart B--Emergency Planning
Who Must Comply
355.10 Must my facility comply with the emergency planning
requirements of this subpart?
355.11 To what substances do the emergency planning requirements of
this subpart apply?
355.12 What quantities of extremely hazardous substances trigger
emergency planning requirements?
355.13 How do I calculate the quantity of extremely hazardous
substances present in mixtures?
355.14 Do I have to aggregate extremely hazardous substances to
determine quantities present?
355.15 Which threshold planning quantity do I use for extremely
hazardous substances present at my facility in solid form?
355.16 How do I determine the quantity of extremely hazardous
substances present for certain forms of solids?
How To Comply
355.20 If this subpart applies to my facility, what information
must I provide, who must I submit it to, and when is it due?
355.21 What format should the information be in?
Subpart C--Emergency Release Notification
Who Must Comply
355.30 What facilities must comply with the emergency release
notification requirements of this subpart?
355.31 What types of releases are exempt from the emergency release
notification requirements of this subpart?
355.32 Which emergency release notification requirements apply to
continuous releases?
355.33 Release of what quantities of EHSs and CERCLA hazardous
substances trigger the emergency release notification requirements
of this subpart?
How To Comply
355.40 What information must I provide?
355.41 What format should the information be in?
355.42 To whom must I submit the information?
355.43 When must I submit the information?
Subpart D--Additional Provisions
355.60 What is the relationship between the emergency release
notification requirements of this part and the release notification
requirements of CERCLA?
355.61 How are key words in this part defined?
Appendix A to Part 355--The List of Extremely Hazardous Substances and
Their Threshold Planning Quantities (Alphabetical Order)
Appendix B to Part 355--The List of Extremely Hazardous Substances and
Their Threshold Planning Quantities (CAS Number Order)
Authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
(42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049).
Subpart A--General Information
Sec. 355.1 What is the purpose of this part?
(a) This part (40 CFR part 355) establishes requirements for a
facility to provide information necessary for developing and
implementing State and local chemical emergency response plans, and
requirements for emergency notification of chemical releases. This part
also lists Extremely Hazardous Substances (EHSs) and Threshold Planning
Quantities (TPQs) in appendices A and B, which are used in determining
if you are subject to these requirements.
(b) This part is written in a special format to make it easier to
understand the regulatory requirements. Like other Environmental
Protection Agency (EPA) regulations, this part establishes enforceable
legal requirements. Information considered non-binding guidance under
EPCRA is indicated in this regulation by the word ``note'' and a
smaller typeface. Such notes are provided for information purposes only
and are not considered legally binding under this part.
Sec. 355.2 Who do ``you,'' ``I,'' and ``your'' refer to in this part?
Throughout this part, ``you,'' ``I,''and ``your'' refer to the
owner or operator of a facility.
Sec. 355.3 Which section contains the definitions of the key words
used in this part?
The definitions of key words used in this part are in Sec. 355.62.
It is important to read the definitions for key words because the
definition explains the word's specific meaning in the regulations in
this part. When a defined word first appears in this part, it is
printed with the initial letter capitalized.
[[Page 31296]]
Subpart B--Emergency Planning
Who Must Comply
Sec. 355.10 Must my facility comply with the emergency planning
requirements of this subpart?
You must comply with the emergency planning requirements in this
subpart if your facility meets either of the following two conditions:
(a) Any extremely hazardous substance (EHS) is present at your
facility in an amount equal to or greater than its threshold planning
quantity (TPQ), or
(b) Your facility has been designated for emergency planning
purposes, after public notice and opportunity for comment, by one of
the following three entities:
(1) The State Emergency Response Commission (SERC). SERC means the
emergency response commission for the State in which the facility is
located except where the facility is located in Indian Country, in
which case, SERC means the emergency response commission for the Indian
Tribe under whose jurisdiction the facility is located.
(2) The Governor of the State in which your facility is located.
(3) The Chief Executive Officer of the Tribe for the Indian Tribe
under whose jurisdiction your facility is located.
Sec. 355.11 To what substances do the emergency planning requirements
of this subpart apply?
The emergency planning requirements of this subpart apply to any
extremely hazardous substance (EHS). EHSs are listed in appendices A
and B of this part. If a facility is designated for emergency planning
purposes, as provided in Sec. 355.10(b) of this subpart, substances
that are not EHSs may become subject to the emergency planning
requirements of this subpart.
Sec. 355.12 What quantities of extremely hazardous substances trigger
emergency planning requirements?
Any EHS present at your facility in an amount equal to or greater
than its threshold planning quantity triggers the emergency planning
requirements of this subpart. The threshold planning quantities are
listed in appendices A and B of this part, in the column labeled
``threshold planning quantity.''
Sec. 355.13 How do I calculate the quantity of extremely hazardous
substances present in mixtures?
If an EHS is present in a Mixture in a particular container, then
determine the actual quantity of EHS in that container as follows:
multiply the concentration of EHS (in weight percent) by the weight (in
pounds) of mixture in the container. If the concentration of an EHS is
less than or equal to one percent, you do not have to count that EHS
present in the mixture. The following example illustrates the
provisions of this paragraph:
Example
If you have 150 pounds of a mixture that contains 20 percent of
a certain EHS, the quantity of that EHS present in the mixture can
be calculated as follows:
EHS (in pounds)
= (weight percent of EHS) x (weight of mixture)
= (20 percent) x (150 pound mixture)
= (0.20) x (150)
EHS (in pounds)
= 30 pounds
Sec. 355.14 Do I have to aggregate extremely hazardous substances to
determine quantities present?
You must aggregate (i.e., add together) EHSs at your facility to
determine if a TPQ is present. This means that, for a particular
extremely hazardous substance, you must consider the total amount
present at any one time at your facility, by adding together the
quantity present in all mixtures and all other quantities of the EHS,
regardless of location, number of containers, or method of storage. You
do not have to count extremely hazardous substances present in a
mixture if the concentration is less than or equal to one percent.
Sec. 355.15 Which threshold planning quantity do I use for extremely
hazardous substances present at my facility in solid form?
Extremely hazardous substances that are in solid form are subject
to one of two different TPQs (for example, TPQs may be listed as 500/
10,000 pounds), both of which are listed in appendices A and B of this
part. The following explains how to determine which of the two listed
TPQs you must use for an extremely hazardous substance present at your
facility in solid form:
(a) Use the lower TPQ, from appendices A and B of this part, if the
solid is in one of the following four categories:
(1) The solid is in powdered form and has a particle size less than
100 microns.
(2) The solid is in solution.
(3) The solid is in molten form.
(4) The solid meets the criteria for a National Fire Protection
Association (NFPA) rating of 2, 3 or 4 for reactivity.
Note to paragraph (a): Use the instructions in Sec. 355.16 to
calculate the quantity present for the categories of solids listed
in paragraphs (a)(1), (2) and (3) of this section.
(b) Use the higher TPQ, from appendices A and B of this part, if
the solid does not meet one of the criteria in paragraph (a) of this
section. The higher TPQ is 10,000 pounds in every case.
Sec. 355.16 How do I determine the quantity of extremely hazardous
substance present for certain forms of solids?
For the following three forms of solids, which are listed in
Sec. 355.15(a), use these instructions to determine the quantity of
extremely hazardous substance present:
(a) Solid in powdered form with a particle size less than 100
microns. Multiply the weight percent of solid with a particle size less
than 100 microns in a particular container by the total weight of solid
in the container.
(b) Solid in solution. Multiply the weight percent of solid in the
solution in a particular container by the total weight of solution in
the container.
(c) Solid in molten form. Multiply the weight of solid in molten
form by 0.3.
How to Comply
Sec. 355.20 If this subpart applies to my facility, what information
must I provide, who must I submit it to, and when is it due?
The following table tells you what information you must provide to
comply with the emergency planning requirements of this subpart. The
table also tells you to whom you must provide the information, and when
the information is due:
[[Page 31297]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
What types of emergency planning What information must I To whom must I provide the
notification are required? provide? information? When must I provide the information?
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emergency planning notification....... You must provide notice that To the SERC and the LEPC By May 17, 1987, or within 60 days after your
your facility is subject to (LEPC means the local facility first becomes subject to the
the emergency planning emergency planning committee requirements of this subpart; if no LEPC exists
requirements of this subpart. appointed by the SERC). for your facility at the time you are required
to provide emergency planning notification, then
report to the LEPC within 30 days after
establishment of a LEPC for the emergency
planning district in which your facility is
located.
Facility emergency coordinator........ You must designate a facility To the LEPC (or the SERC if By September 17, 1987, or within 60 days after
representative who will there is no LEPC, or the your facility first becomes subject to the
participate in the local Governor if there is no requirements of this subpart; if no LEPC exists
emergency planning process as SERC). for your facility at the time you are required
a facility emergency response to provide facility emergency coordinator
coordinator. You must provide notification, then provide an additional report
notice of this facility to the LEPC within 30 days after establishment
representative. of a LEPC for the emergency planning district in
which your facility is located.
Changes relevant to emergency planning You must provide notice of any To the LEPC.................. Promptly.
changes occurring at your
facility that may be relevant
to emergency planning.
Requested information................. You must provide any To the LEPC Promptly.
information necessary for
developing or implementing
the local emergency plan if
the LEPC requests it.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 355.21 What format should the information be in?
EPA does not require any specific format. Note: EPA recommends that
you submit the information described in Sec. 355.20 in writing, in
order to insure appropriate documentation. The SERC or LEPC may request
a specific format for this information.
Subpart C--Emergency Release Notification
Who Must Comply
Sec. 355.30 What facilities must comply with the emergency release
notification requirements of this subpart?
You must comply with the emergency release notification
requirements in this subpart if both of the following two conditions
are met:
(a) A Hazardous Chemical is produced, used, or stored at your
facility.
(b) There is a release of a Reportable Quantity (RQ) of any
extremely hazardous substance, or of a hazardous substance as defined
by the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA Hazardous Substance) at your facility, except
that certain releases are exempted from these requirements. Exempted
releases are listed in Sec. 355.31.
Note to paragraph (b): In addition to the emergency release
notification requirements of this subpart, releases of CERCLA
hazardous substances are subject to notification requirements under
CERCLA. This is explained further in subpart D of this part.
Sec. 355.31 What types of releases are exempt from the emergency
release notification requirements of this subpart?
You do not have to provide emergency release notification under
this subpart for any of the following five types of releases of EHSs or
CERCLA hazardous substances that occur at your facility:
(a) Any release that results in exposure to persons solely within
the boundaries of your facility.
(b) Any release that is a federally permitted release as defined in
section 101(10) of CERCLA.
(c) Any release of a pesticide product that is exempt from CERCLA
section 103(a) reporting under section 103(e) of CERCLA.
(d) Any release that doesn't meet the definition of release under
section 101(22) of CERCLA and is therefore exempt from CERCLA section
103(a) reporting.
(e) Any radionuclide release that occurs:
(1) Naturally in soil from land holdings such as parks, golf
courses, or other large tracts of land.
(2) Naturally from land disturbance activities, including farming,
construction, and land disturbance incidental to extraction during
mining activities, except that which occurs at uranium, phosphate, tin,
zircon, hafnium, vanadium, monazite, and rare earth mines. Land
disturbance incidental to extraction includes: land clearing;
overburden removal and stockpiling; excavating, handling, transporting,
and storing ores and other raw materials; and replacing materials in
mined-out areas as long as such materials have not been beneficiated or
processed and do not contain elevated radionuclide concentrations
(greater than 7.6 picocuries per gram or pCi/g of Uranium-238, 6.8 pCi/
g of Thorium-232, or 8.4 pCi/g of Radium-226).
(3) From the dumping and transportation of coal and coal ash
(including fly ash, bottom ash, and boiler slags), including the
dumping and land spreading operations that occur during coal ash uses.
(4) From piles of coal and coal ash, including fly ash, bottom ash,
and boiler slags.
Sec. 355.32 Which emergency release notification requirements apply to
continuous releases?
If there is a release of an EHS or CERCLA hazardous substance that
is continuous and stable in quantity and rate at your facility, as
defined in 40 CFR 302.8(b), the release qualifies for reduced reporting
requirements under this subpart. Under the reduced reporting
requirements, you do not need to provide the notifications required
under Sec. 355.40. However, in addition to the notifications required
under 40 CFR 302.8, you must make all of the following notifications to
the
[[Page 31298]]
community emergency coordinator for the LEPC for any area likely to be
affected by the release and to the SERC of any State likely to be
affected by the release:
(a) Initial notifications as specified in 40 CFR 302.8 (d) and (e).
(b) Notification of a ``statistically significant increase,''
defined in 40 CFR 302.8(b) as any increase above the upper bound of the
reported normal range.
(c) Notification of a ``new release'' as specified in 40 CFR
302.8(g)(1).
(d) Notification of a change in the normal range of the release as
specified under 40 CFR 302.8(g)(2).
Sec. 355.33 Release of what quantities of EHSs and CERCLA hazardous
substances trigger the emergency release notification requirements of
this subpart?
The release of a reportable quantity (RQ) of an EHS or CERCLA
hazardous substance, within any 24-hour period, triggers the emergency
release notification requirements. Reportable quantities for extremely
hazardous substances are listed in appendices A and B of this part, in
the column labeled ``reportable quantity.'' Reportable quantities for
CERCLA hazardous substances are listed in Table 302.4 of 40 CFR part
302, in the column labeled ``final RQ.''
How to Comply
Sec. 355.40 What information must I provide?
You must make two separate notifications to comply with the
emergency release notification requirements of this subpart: an
immediate notification, and as soon as practicable thereafter a written
follow-up emergency notification (or notifications, as more information
becomes available). You must include the following information in your
notifications:
(a) Immediate notification. Your immediate notice must include all
of the following, to the extent known at the time of notice and so long
as no delay in notice or emergency response results:
(1) The chemical name or identity of any substance involved in the
release.
(2) An indication of whether the substance is an extremely
hazardous substance.
(3) An estimate of the quantity of any such substance that was
released into the environment.
(4) The time and duration of the release.
(5) The medium or media into which the release occurred.
(6) Any known or anticipated acute or chronic health risks
associated with the emergency and, where appropriate, advice regarding
medical attention necessary for exposed individuals.
(7) Proper precautions to take as a result of the release,
including evacuation (unless such information is readily available to
the community emergency coordinator pursuant to the emergency plan).
(8) The name and telephone number of the individual (or
individuals) to be contacted for further information.
(b) Written follow-up emergency notification. Except for releases
during transportation, or storage incident to transportation, you must
provide a written follow-up emergency notice (or notices, as more
information becomes available), as soon as practicable after the
release. In the written follow-up emergency notice you must set forth
and update the information required in the immediate notification and
include additional information with respect to all of the following:
(1) Actions taken to respond to and contain the release.
(2) Any known or anticipated acute or chronic health risks
associated with the release.
(3) Where appropriate, advice regarding medical attention necessary
for exposed individuals.
Note to paragraph (b): You are not required to submit a written
follow-up notification for a release during transportation, or
storage incident to transportation. See Sec. 355.42(b) for
requirements for reporting such releases.
Sec. 355.41 What format should the information be in?
The immediate notification, described in Sec. 355.40(a), should be
oral. The written follow-up emergency notification, described in
Sec. 355.40(b), must be in writing. The EPA does not specify a
particular format for the written follow-up emergency notification.
Note: The LEPC may request a specific format for this
information.
Sec. 355.42 To whom must I submit the information?
(a) You must provide the required emergency release notification
information (both the immediate and written follow-up notification) to
both of the following:
(1) The community emergency coordinator for the LEPC of any area
likely to be affected by the release (if there is no LEPC, notify
relevant local emergency response personnel).
(2) The SERC of any State likely to be affected by the release.
(b) With respect to a release during transportation, or storage
incident to transportation, you may meet the requirements of this
subpart by notifying the 911 operator (or in the absence of a 911
emergency telephone number, the operator) of the immediate notification
information listed in Sec. 355.40(a). You are not required under this
subpart to submit a written follow-up notification, as described in
Sec. 355.40(b), for such a release.
Sec. 355.43 When must I submit the information?
You must provide the required emergency release notification
information as follows:
(a) Provide the notice described under Sec. 355.40(a), immediately.
(b) Provide the written follow-up emergency notice (or notices, as
more information becomes available) described under Sec. 355.40(b), as
soon as practicable after the release.
Subpart D--Additional Provisions
Sec. 355.60 What is the relationship between the emergency release
notification requirements of this part and the release notification
requirements of CERCLA?
The emergency release notification requirements of this part are in
addition to the release notification requirements of CERCLA. If you
have a release of a CERCLA hazardous substance, you must comply with
the emergency release notification requirements of this part and the
release reporting requirements of CERCLA section 103, codified at 40
CFR part 302. Refer to the following table to determine which emergency
release notification requirements apply to your release:
[[Page 31299]]
------------------------------------------------------------------------
If a reportable quantity of And if the release And if the release
a substance is released is reportable under is reportable under
within a 24-hour period at EPCRA section 304 CERCLA section 103
your facility then you must then you must
------------------------------------------------------------------------
And the substance is on BOTH Notify the local Comply with the
the list of EPCRA Extremely emergency planning release reporting
Hazardous Substances committee (the requirements of
(appendices A and B of this LEPC) and the State CERCLA section 103
part) AND the list of emergency response and its
CERCLA Hazardous Substances commission (the implementing
(Table 302.4 of 40 CFR SERC), in regulations (40 CFR
302.4). accordance with part 302). Call the
Secs. 355.40 National Response
through 355.43 of Center at 800/424-
this part (see 8802.
exception for a
release during
transportation or
storage incident to
transportation, as
provided in Sec.
355.42(b)).
And the substance is on the Notify the LEPC and Comply with the
list of CERCLA Hazardous the SERC, in release reporting
Substances (Table 302.4 of accordance with requirements of
40 CFR 302.4) and NOT on Secs. 355.40 CERCLA section 103
the list of EPCRA extremely through 355.43 of and its
hazardous substances this part (see implementing
(appendices A and B of this exception for a regulations (40 CFR
part). release during part 302). Call the
transportation or National Response
storage incident to Center at 800/424-
transportation, as 8802.
provided in Sec.
355.42(b)),.
And the substance is on the Notify the LEPC and
list of EPCRA Extremely the SERC, in
Hazardous Substances accordance with
(appendices A and B of this Secs. 355.40
part) and NOT on the list through 355.43 of
of CERCLA Hazardous this part (see
Substances (Table 302.4 of exception for a
40 CFR 302.4). release during
transportation or
storage incident to
transportation, as
provided in Sec.
355.42(b)) .
------------------------------------------------------------------------
Note: This table only applies to reportable releases, not to exempt
releases.
Sec. 355.61 How are key words in this part defined?
This section contains the definitions of key words for 40 CFR parts
355 and 370. Therefore some of the key words defined in this section do
not appear in this part, but appear in 40 CFR part 370 (40 CFR 370.3
indicates that definitions for part 370 are in this section). Many of
the defined key words appear in both 40 CFR parts 355 and 370.
CERCLA means the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, as amended.
Chief Executive Officer of the Tribe means the person who is
recognized by the Bureau of Indian Affairs as the chief elected
administrative officer of the Tribe.
Environment includes water, air, and land and the interrelationship
that exists among and between water, air, and land and all living
things.
EPCRA means the federal Emergency Planning and Community Right-To-
Know Act.
Facility means all buildings, equipment, structures, and other
stationary items that are located on a single site or on contiguous or
adjacent sites and that are owned or operated by the same person (or by
any person that controls, is controlled by, or under common control
with, such person). Facility includes manmade structures as well as all
natural structures in which chemicals are purposefully placed or
removed through human means such that it functions as a containment
structure for human use. For purposes of emergency release
notification, the term includes motor vehicles, rolling stock, and
aircraft.
Hazard category means any of the following:
(1) Immediate (acute) health hazard, including highly toxic, toxic,
irritant, sensitizer, corrosive, (as defined under 29 CFR 1910.1200)
and other hazardous chemicals that cause an adverse effect to a target
organ and which effect usually occurs rapidly as a result of short-term
exposure and is of short duration;
(2) Delayed (chronic) health hazard, including carcinogens (as
defined under 29 CFR 1910.1200) and other hazardous chemicals that
cause an adverse effect to a target organ and which effect generally
occurs as a result of long-term exposure and is of long duration;
(3) Fire hazard, including flammable, combustible liquid,
pyrophoric, and oxidizer (as defined under 29 CFR 1910.1200);
(4) Sudden release of pressure, including explosive and compressed
gas (as defined under 29 CFR 1910.1200); and
(5) Reactive, including unstable reactive, organic peroxide, and
water reactive (as defined under 29 CFR 1910.1200).
Hazardous chemical means any hazardous chemical as defined under 29
CFR 1910.1200(c), except that such term does not include the following
substances:
(1) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration.
(2) Any substance present as a solid in any manufactured item to
the extent exposure to the substance does not occur under normal
conditions of use.
(3) Any substance to the extent it is used:
(i) For personal, family, or household purposes, or is present in
the same form and concentration as a product packaged for distribution
and use by the general public. Present in the same form and
concentration as a product packaged for distribution and use by the
general public means a substance packaged in a similar manner and
present in the same concentration as the substance when packaged for
use by the general public, whether or not it is intended for
distribution to the general public or used for the same purpose as when
it is packaged for use by the general public;
(ii) In a research laboratory or hospital or other medical facility
under the direct supervision of a technically qualified individual; or
(iii) In routine agricultural operations or is a fertilizer held
for sale by a retailer to the ultimate customer.
Hazardous substances:
(1) CERCLA hazardous substance means a substance defined in section
101(14) of CERCLA. A list of such substances appears in Table 302.4 of
40 CFR part 302.
(2) Extremely hazardous substance (EHS) means a substance listed in
appendices A and B of this part.
Indian Country means Indian country as defined in 18 U.S.C. 1151.
That section defines Indian country as:
(1) All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation;
(2) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State;
and
(3) All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
Indian Tribe or Tribe means those Tribes federally recognized by
the Secretary of the Interior.
[[Page 31300]]
Inventory form means the uniform Tier I and Tier II emergency and
hazardous chemical inventory forms published by the EPA. These forms
can be used for reporting inventory information, as described in 40 CFR
370.40 through 370.45.
LEPC or Local emergency planning committee means the local
emergency planning committee appointed by the State emergency response
commission.
Material Safety Data Sheet or MSDS means the sheet required to be
developed under 29 CFR 1910.1200(g).
Mixture means, for the purposes of 40 CFR part 355, a heterogenous
association of substances where the various individual substances
retain their identities and can usually be separated by mechanical
means. This definition includes, for the purposes of 40 CFR part 355,
solutions but does not include alloys or amalgams. For the purposes of
part 370, mixture means mixture as defined under the Occupational
Safety and Health Administration's Hazard Communication Standard in 29
CFR 1910.1200(c).
OSHA means the Occupational Safety and Health Act of 1970.
Person means any individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership,
association, State, municipality, commission, political subdivision of
a State, or interstate body.
Release means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment (including the abandonment or discarding
of barrels, containers, and other closed receptacles) of any hazardous
chemical, extremely hazardous substance, or CERCLA hazardous substance.
Reportable quantity means, for any CERCLA hazardous substance, the
reportable quantity established in Table 302.4 of 40 CFR part 302, for
such substance. For any extremely hazardous substance, reportable
quantity means the reportable quantity established in appendices A and
B of this part, for such substance. Unless and until superseded by
regulations establishing a reportable quantity for newly listed EHSs or
CERCLA hazardous substances, a weight of 1 pound shall be the
reportable quantity.
SERC or State Emergency Response Commission means the emergency
response commission for the State in which the facility is located
except where the facility is located in Indian Country, in which case,
SERC means the emergency response commission for the Tribe under whose
jurisdiction the facility is located. In the absence of an emergency
response commission for a State or an Indian Tribe, the Governor or the
chief executive officer of the tribe, respectively, shall be the SERC.
Where there is a cooperative agreement between a State and a Tribe, the
SERC shall be the entity identified in the agreement.
State means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, the Northern Mariana Islands, any other
territory or possession over which the United States has jurisdiction
and Indian Country.
Threshold planning quantity (TPQ) means, for a substance listed in
appendices A and B of this part, the quantity listed in the column
``threshold planning quantity'' for that substance.
Appendix A to Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
[Alphabetical Order]
----------------------------------------------------------------------------------------------------------------
Reportable quantity * Threshold planning quantity
CAS No. Chemical name Notes (pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
75-86-5..... Acetone Cyanohydrin..... ................. 10 1,000
1752-30-3... Acetone ................. 1,000 1,000/10,000
Thiosemicarbazide.
107-02-8.... Acrolein................ ................. 1 500
79-06-1..... Acrylamide.............. l 5,000 1,000/10,000
107-13-1.... Acrylonitrile........... l 100 10,000
814-68-6.... Acrylyl Chloride........ h 100 100
111-69-3.... Adiponitrile............ l 1,000 1,000
116-06-3.... Aldicarb................ c 1 100/10,000
309-00-2.... Aldrin.................. ................. 1 500/10,000
107-18-6.... Allyl Alcohol........... ................. 100 1,000
107-11-9.... Allylamine.............. ................. 500 500
20859-73-8.. Aluminum Phosphide...... b 100 500
54-62-6..... Aminopterin............. ................. 500 500/10,000
78-53-5..... Amiton.................. ................. 500 500
3734-97-2... Amiton Oxalate.......... ................. 100 100/10,000
7664-41-7... Ammonia................. l 100 500
300-62-9.... Amphetamine............. ................. 1,000 1,000
62-53-3..... Aniline................. l 5,000 1,000
88-05-1..... Aniline, 2,4,6-Trimethyl- ................. 500 500
.
7783-70-2... Antimony Pentafluoride.. ................. 500 500
1397-94-0... Antimycin A............. c 1,000 1,000/10,000
86-88-4..... ANTU.................... ................. 100 500/10,000
1303-28-2... Arsenic Pentoxide....... ................. 1 100/10,000
1327-53-3... Arsenous Oxide.......... h 1 100/10,000
7784-34-1... Arsenous Trichloride.... ................. 1 500
7784-42-1... Arsine.................. ................. 100 100
2642-71-9... Azinphos-Ethyl.......... ................. 100 100/10,000
86-50-0..... Azinphos-Methyl......... ................. 1 10/10,000
98-87-3..... Benzal Chloride......... ................. 5,000 500
98-16-8..... Benzenamine, 3- ................. 500 500
(Trifluoromethyl)-.
100-14-1.... Benzene, 1- ................. 500 500/10,000
(Chloromethyl)-4-Nitro-.
98-05-5..... Benzenearsonic Acid..... ................. 10 10/10,000
3615-21-2... Benzimidazole, 4,5- g 500 500/10,000
Dichloro-2-
(Trifluoromethyl)-.
[[Page 31301]]
98-07-7..... Benzotrichloride........ ................. 10 100
100-44-7.... Benzyl Chloride......... ................. 100 500
140-29-4.... Benzyl Cyanide.......... h 500 500
15271-41-7.. Bicyclo[2.2.1]Heptane-2- ................. 500 500/10,000
Carbonitrile, 5-Chloro-
6-
((((Methylamino)Carbony
l)Oxy)Imino)-, (1s-(1-
alpha,2-beta,4-alpha,5-
alpha,6E))-.
534-07-6.... Bis(Chloromethyl) Ketone ................. 10 10/10,000
4044-65-9... Bitoscanate............. ................. 500 500/10,000
10294-34-5.. Boron Trichloride....... ................. 500 500
7637-07-2... Boron Trifluoride....... ................. 500 500
353-42-4.... Boron Trifluoride ................. 1,000 1,000
Compound With Methyl
Ether (1:1).
28772-56-7.. Bromadiolone............ ................. 100 100/10,000
7726-95-6... Bromine................. l 500 500
1306-19-0... Cadmium Oxide........... ................. 100 100/10,000
2223-93-0... Cadmium Stearate........ c 1,000 1,000/10,000
7778-44-1... Calcium Arsenate........ ................. 1 500/10,000
8001-35-2... Camphechlor............. ................. 1 500/10,000
56-25-7..... Cantharidin............. ................. 100 100/10,000
51-83-2..... Carbachol Chloride...... ................. 500 500/10,000
26419-73-8.. Carbamic Acid, Methyl-, d 1 100/10,000
O-(((2,4-Dimethyl-1, 3-
Dithiolan-2-
yl)Methylene)Amino)-.
1563-66-2... Carbofuran.............. ................. 10 10/10,000
75-15-0..... Carbon Disulfide........ l 100 10,000
786-19-6.... Carbophenothion......... ................. 500 500
57-74-9..... Chlordane............... ................. 1 1,000
470-90-6.... Chlorfenvinfos.......... ................. 500 500
7782-50-5... Chlorine................ ................. 10 100
24934-91-6.. Chlormephos............. ................. 500 500
999-81-5.... Chlormequat Chloride.... h 100 100/10,000
79-11-8..... Chloroacetic Acid....... ................. 100 100/10,000
107-07-3.... Chloroethanol........... ................. 500 500
627-11-2.... Chloroethyl ................. 1,000 1,000
Chloroformate.
67-66-3..... Chloroform.............. l 10 10,000
542-88-1.... Chloromethyl Ether...... h 10 100
107-30-2.... Chloromethyl Methyl c 10 100
Ether.
3691-35-8... Chlorophacinone......... ................. 100 100/10,000
1982-47-4... Chloroxuron............. ................. 500 500/10,000
21923-23-9.. Chlorthiophos........... h 500 500
10025-73-7.. Chromic Chloride........ ................. 1 1/10,000
62207-76-5.. Cobalt, ((2,2'-(1,2- ................. 100 100/10,000
Ethanediylbis
(Nitrilomethylidyne))
Bis(6-
Fluorophenolato))(2-)-
N,N',O,O')-.
10210-68-1.. Cobalt Carbonyl......... h 10 10/10,000
64-86-8..... Colchicine.............. h 10 10/10,000
56-72-4..... Coumaphos............... ................. 10 100/10,000
5836-29-3... Coumatetralyl........... ................. 500 500/10,000
95-48-7..... Cresol, o-.............. ................. 100 1,000/10,000
535-89-7.... Crimidine............... ................. 100 100/10,000
4170-30-3... Crotonaldehyde.......... ................. 100 1,000
123-73-9.... Crotonaldehyde, (E)-.... ................. 100 1,000
506-68-3.... Cyanogen Bromide........ ................. 1,000 500/10,000
506-78-5.... Cyanogen Iodide......... ................. 1,000 1,000/10,000
2636-26-2... Cyanophos............... ................. 1,000 1,000
675-14-9.... Cyanuric Fluoride....... ................. 100 100
66-81-9..... Cycloheximide........... ................. 100 100/10,000
108-91-8.... Cyclohexylamine......... l 10,000 10,000
17702-41-9.. Decaborane(14).......... ................. 500 500/10,000
8065-48-3... Demeton................. ................. 500 500
919-86-8.... Demeton-S-Methyl........ ................. 500 500
10311-84-9.. Dialifor................ ................. 100 100/10,000
19287-45-7.. Diborane................ ................. 100 100
111-44-4.... Dichloroethyl ether..... ................. 10 10,000
149-74-6.... Dichloromethylphenylsila ................. 1,000 1,000
ne.
62-73-7..... Dichlorvos.............. ................. 10 1,000
141-66-2.... Dicrotophos............. ................. 100 100
1464-53-5... Diepoxybutane........... ................. 10 500
814-49-3.... Diethyl Chlorophosphate. h 500 500
71-63-6..... Digitoxin............... c 100 100/10,000
2238-07-5... Diglycidyl Ether........ ................. 1,000 1,000
20830-75-5.. Digoxin................. h 10 10/10,000
115-26-4.... Dimefox................. ................. 500 500
[[Page 31302]]
60-51-5..... Dimethoate.............. ................. 10 500/10,000
2524-03-0... Dimethyl ................. 500 500
Phosphorochloridothioat
e.
77-78-1..... Dimethyl sulfate........ ................. 100 500
75-78-5..... Dimethyldichlorosilane.. h 500 500
57-14-7..... Dimethylhydrazine....... ................. 10 1,000
99-98-9..... Dimethyl-p- ................. 10 10/10,000
Phenylenediamine.
644-64-4.... Dimetilan............... d 1 500/10,000
534-52-1.... Dinitrocresol........... ................. 10 10/10,000
88-85-7..... Dinoseb................. ................. 1,000 100/10,000
1420-07-1... Dinoterb................ ................. 500 500/10,000
78-34-2..... Dioxathion.............. ................. 500 500
82-66-6..... Diphacinone............. ................. 10 10/10,000
152-16-9.... Diphosphoramide, ................. 100 100
Octamethyl-.
298-04-4.... Disulfoton.............. ................. 1 500
514-73-8.... Dithiazanine Iodide..... ................. 500 500/10,000
541-53-7.... Dithiobiuret............ ................. 100 100/10,000
316-42-7.... Emetine, Dihydrochloride h 1 1/10,000
115-29-7.... Endosulfan.............. ................. 1 10/10,000
2778-04-3... Endothion............... ................. 500 500/10,000
72-20-8..... Endrin.................. ................. 1 500/10,000
106-89-8.... Epichlorohydrin......... l 100 1,000
2104-64-5... EPN..................... ................. 100 100/10,000
50-14-6..... Ergocalciferol.......... c 1,000 1,000/10,000
379-79-3.... Ergotamine Tartrate..... ................. 500 500/10,000
1622-32-8... Ethanesulfonyl Chloride, ................. 500 500
2-Chloro-.
10140-87-1.. Ethanol, 1,2-Dichloro-, ................. 1,000 1,000
Acetate.
563-12-2.... Ethion.................. ................. 10 1,000
13194-48-4.. Ethoprophos............. ................. 1,000 1,000
538-07-8.... Ethylbis(2- h 500 500
Chloroethyl)Amine.
371-62-0.... Ethylene Fluorohydrin... c, h 10 10
75-21-8..... Ethylene Oxide.......... l 10 1,000
107-15-3.... Ethylenediamine......... ................. 5,000 10,000
151-56-4.... Ethyleneimine........... ................. 1 500
542-90-5.... Ethylthiocyanate........ ................. 10,000 10,000
22224-92-6.. Fenamiphos.............. ................. 10 10/10,000
115-90-2.... Fensulfothion........... h 500 500
4301-50-2... Fluenetil............... ................. 100 100/10,000
7782-41-4... Fluorine................ k 10 500
640-19-7.... Fluoroacetamide......... j 100 100/10,000
144-49-0.... Fluoroacetic Acid....... ................. 10 10/10,000
359-06-8.... Fluoroacetyl Chloride... c 10 10
51-21-8..... Fluorouracil............ ................. 500 500/10,000
944-22-9.... Fonofos................. ................. 500 500
50-00-0..... Formaldehyde............ l 100 500
107-16-4.... Formaldehyde Cyanohydrin h 1,000 1,000
23422-53-9.. Formetanate d, h 1 500/10,000
Hydrochloride.
2540-82-1... Formothion.............. ................. 100 100
17702-57-7.. Formparanate............ d 1 100/10,000
21548-32-3.. Fosthietan.............. ................. 500 500
3878-19-1... Fuberidazole............ ................. 100 100/10,000
110-00-9.... Furan................... ................. 100 500
13450-90-3.. Gallium Trichloride..... ................. 500 500/10,000
77-47-4..... Hexachlorocyclopentadien h 10 100
e.
4835-11-4... Hexamethylenediamine, ................. 500 500
N,N'-Dibutyl-.
302-01-2.... Hydrazine............... ................. 1 1,000
74-90-8..... Hydrocyanic Acid........ ................. 10 100
7647-01-0... Hydrogen Chloride (gas l 5,000 500
only).
7664-39-3... Hydrogen Fluoride....... ................. 100 100
7722-84-1... Hydrogen Peroxide (Conc l 1,000 1,000
> 52%).
7783-07-5... Hydrogen Selenide....... ................. 10 10
7783-06-4... Hydrogen Sulfide........ l 100 500
123-31-9.... Hydroquinone............ l 100 500/10,000
13463-40-6.. Iron, Pentacarbonyl-.... ................. 100 100
297-78-9.... Isobenzan............... ................. 100 100/10,000
78-82-0..... Isobutyronitrile........ h 1,000 1,000
102-36-3.... Isocyanic Acid, 3,4- ................. 500 500/10,000
Dichlorophenyl Ester.
465-73-6.... Isodrin................. ................. 1 100/10,000
55-91-4..... Isofluorphate........... c 100 100
[[Page 31303]]
4098-71-9... Isophorone Diisocyanate. ................. 100 100
108-23-6.... Isopropyl Chloroformate. ................. 1,000 1,000
119-38-0.... Isopropylmethylpyrazolyl d 1 500
Dimethylcarbamate.
78-97-7..... Lactonitrile............ ................. 1,000 1,000
21609-90-5.. Leptophos............... ................. 500 500/10,000
541-25-3.... Lewisite................ c, h 10 10
58-89-9..... Lindane................. ................. 1 1,000/10,000
7580-67-8... Lithium Hydride......... b 100 100
109-77-3.... Malononitrile........... ................. 1,000 500/10,000
12108-13-3.. Manganese, Tricarbonyl h 100 100
Methylcyclopentadienyl.
51-75-2..... Mechlorethamine......... c 10 10
950-10-7.... Mephosfolan............. ................. 500 500
1600-27-7... Mercuric Acetate........ ................. 500 500/10,000
7487-94-7... Mercuric Chloride....... ................. 500 500/10,000
21908-53-2.. Mercuric Oxide.......... ................. 500 500/10,000
10476-95-6.. Methacrolein Diacetate.. ................. 1,000 1,000
760-93-0.... Methacrylic Anhydride... ................. 500 500
126-98-7.... Methacrylonitrile....... h 1,000 500
920-46-7.... Methacryloyl Chloride... ................. 100 100
30674-80-7.. Methacryloyloxyethyl h 100 100
Isocyanate.
10265-92-6.. Methamidophos........... ................. 100 100/10,000
558-25-8.... Methanesulfonyl Fluoride ................. 1,000 1,000
950-37-8.... Methidathion............ ................. 500 500/10,000
2032-65-7... Methiocarb.............. ................. 10 500/10,000
16752-77-5.. Methomyl................ h 100 500/10,000
151-38-2.... Methoxyethylmercuric ................. 500 500/10,000
Acetate.
80-63-7..... Methyl 2-Chloroacrylate. ................. 500 500
74-83-9..... Methyl Bromide.......... l 1,000 1,000
79-22-1..... Methyl Chloroformate.... h 1,000 500
60-34-4..... Methyl Hydrazine........ ................. 10 500
624-83-9.... Methyl Isocyanate....... ................. 10 500
556-61-6.... Methyl Isothiocyanate... b 500 500
74-93-1..... Methyl Mercaptan........ l 100 500
3735-23-7... Methyl Phenkapton....... ................. 500 500
676-97-1.... Methyl Phosphonic b 100 100
Dichloride.
556-64-9.... Methyl Thiocyanate...... ................. 10,000 10,000
78-94-4..... Methyl Vinyl Ketone..... ................. 10 10
502-39-6.... Methylmercuric ................. 500 500/10,000
Dicyanamide.
75-79-6..... Methyltrichlorosilane... h 500 500
1129-41-5... Metolcarb............... d 1 100/10,000
7786-34-7... Mevinphos............... ................. 10 500
315-18-4.... Mexacarbate............. ................. 1,000 500/10,000
50-07-7..... Mitomycin C............. ................. 10 500/10,000
6923-22-4... Monocrotophos........... ................. 10 10/10,000
2763-96-4... Muscimol................ ................. 1,000 500/10,000
505-60-2.... Mustard Gas............. h 500 500
13463-39-3.. Nickel Carbonyl......... ................. 10 1
54-11-5..... Nicotine................ c 100 100
65-30-5..... Nicotine Sulfate........ ................. 100 100/10,000
7697-37-2... Nitric Acid............. ................. 1,000 1,000
10102-43-9.. Nitric Oxide............ c 10 100
98-95-3..... Nitrobenzene............ l 1,000 10,000
1122-60-7... Nitrocyclohexane........ ................. 500 500
10102-44-0.. Nitrogen Dioxide........ ................. 10 100
62-75-9..... Nitrosodimethylamine.... h 10 1,000
991-42-4.... Norbormide.............. ................. 100 100/10,000
0........... Organorhodium Complex ................. 10 10/10,000
(PMN-82-147).
630-60-4.... Ouabain................. c 100 100/10,000
23135-22-0.. Oxamyl.................. d 1 100/10,000
78-71-7..... Oxetane, 3,3- ................. 500 500
Bis(Chloromethyl)-.
2497-07-6... Oxydisulfoton........... h 500 500
10028-15-6.. Ozone................... ................. 100 100
1910-42-5... Paraquat Dichloride..... ................. 10 10/10,000
2074-50-2... Paraquat Methosulfate... ................. 10 10/10,000
56-38-2..... Parathion............... c 10 100
298-00-0.... Parathion-Methyl........ c 100 100/10,000
12002-03-8.. Paris Green............. ................. 1 500/10,000
19624-22-7.. Pentaborane............. ................. 500 500
[[Page 31304]]
2570-26-5... Pentadecylamine......... ................. 100 100/10,000
79-21-0..... Peracetic Acid.......... ................. 500 500
594-42-3.... Perchloromethylmercaptan ................. 100 500
108-95-2.... Phenol.................. ................. 1,000 500/10,000
4418-66-0... Phenol, 2,2'-Thiobis(4- ................. 100 100/10,000
Chloro-6-Methyl)-.
64-00-6..... Phenol, 3-(1- d 1 500/10,000
Methylethyl)-,
Methylcarbamate.
58-36-6..... Phenoxarsine, 10,10'- ................. 500 500/10,000
Oxydi-.
696-28-6.... Phenyl Dichloroarsine... h 1 500
59-88-1..... Phenylhydrazine ................. 1,000 1,000/10,000
Hydrochloride.
62-38-4..... Phenylmercury Acetate... ................. 100 500/10,000
2097-19-0... Phenylsilatrane......... h 100 100/10,000
103-85-5.... Phenylthiourea.......... ................. 100 100/10,000
298-02-2.... Phorate................. ................. 10 10
4104-14-7... Phosacetim.............. ................. 100 100/10,000
947-02-4.... Phosfolan............... ................. 100 100/10,000
75-44-5..... Phosgene................ l 10 10
732-11-6.... Phosmet................. ................. 10 10/10,000
13171-21-6.. Phosphamidon............ ................. 100 100
7803-51-2... Phosphine............... ................. 100 500
2703-13-1... Phosphonothioic Acid, ................. 500 500
Methyl-, O-Ethyl O-(4-
(Methylthio) Phenyl)
Ester.
50782-69-9.. Phosphonothioic Acid, ................. 100 100
Methyl-, S-(2-
(Bis(1Methylethyl)Amino
)Ethyl) O-Ethyl Ester.
2665-30-7... Phosphonothioic Acid, ................. 500 500
Methyl-, O-(4-
Nitrophenyl) O-Phenyl
Ester.
3254-63-5... Phosphoric Acid, ................. 500 500
Dimethyl 4-
(Methylthio)Phenyl
Ester.
2587-90-8... Phosphorothioic Acid, c, g 500 500
O,O-Dimethyl-S-(2-
Methylthio) Ethyl Ester.
7723-14-0... Phosphorus.............. b, h 1 100
10025-87-3.. Phosphorus Oxychloride.. ................. 1,000 500
10026-13-8.. Phosphorus Pentachloride b 500 500
7719-12-2... Phosphorus Trichloride.. ................. 1,000 1,000
57-47-6..... Physostigmine........... d 1 100/10,000
57-64-7..... Physostigmine, d 1 100/10,000
Salicylate (1:1).
124-87-8.... Picrotoxin.............. ................. 500 500/10,000
110-89-4.... Piperidine.............. ................. 1,000 1,000
23505-41-1.. Pirimifos-Ethyl......... ................. 1,000 1,000
10124-50-2.. Potassium Arsenite...... ................. 1 500/10,000
151-50-8.... Potassium Cyanide....... b 10 100
506-61-6.... Potassium Silver Cyanide b 1 500
2631-37-0... Promecarb............... d, h 1 500/10,000
106-96-7.... Propargyl Bromide....... ................. 10 10
57-57-8..... Propiolactone, Beta-.... ................. 10 500
107-12-0.... Propionitrile........... ................. 10 500
542-76-7.... Propionitrile, 3-Chloro- ................. 1,000 1,000
70-69-9..... Propiophenone, 4-Amino-. g 100 100/10,000
109-61-5.... Propyl Chloroformate.... ................. 500 500
75-56-9..... Propylene Oxide......... l 100 10,000
75-55-8..... Propyleneimine.......... ................. 1 10,000
2275-18-5... Prothoate............... ................. 100 100/10,000
129-00-0.... Pyrene.................. c 5,000 1,000/10,000
140-76-1.... Pyridine, 2-Methyl-5- ................. 500 500
Vinyl-.
504-24-5.... Pyridine, 4-Amino-...... h 1,000 500/10,000
1124-33-0... Pyridine, 4-Nitro-,l- ................. 500 500/10,000
Oxide.
53558-25-1.. Pyriminil............... h 100 100/10,000
14167-18-1.. Salcomine............... ................. 500 500/10,000
107-44-8.... Sarin................... h 10 10
7783-00-8... Selenious Acid.......... ................. 10 1,000/10,000
7791-23-3... Selenium Oxychloride.... ................. 500 500
563-41-7.... Semicarbazide ................. 1,000 1,000/10,000
Hydrochloride.
3037-72-7... Silane, (4- ................. 1,000 1,000
Aminobutyl)Diethoxymeth
yl-.
7631-89-2... Sodium Arsenate......... ................. 1 1,000/10,000
7784-46-5... Sodium Arsenite......... ................. 1 500/10,000
26628-22-8.. Sodium Azide (Na(N3))... b 1,000 500
124-65-2.... Sodium Cacodylate....... ................. 100 100/10,000
143-33-9.... Sodium Cyanide (Na(CN)). b 10 100
62-74-8..... Sodium Fluoroacetate.... ................. 10 10/10,000
13410-01-0.. Sodium Selenate......... ................. 100 100/10,000
10102-18-8.. Sodium Selenite......... h 100 100/10,000
10102-20-2.. Sodium Tellurite........ ................. 500 500/10,000
900-95-8.... Stannane, g 500 500/10,000
Acetoxytriphenyl-.
57-24-9..... Strychnine.............. c 10 100/10,000
[[Page 31305]]
60-41-3..... Strychnine Sulfate...... ................. 10 100/10,000
3689-24-5... Sulfotep................ ................. 100 500
3569-57-1... Sulfoxide, 3- ................. 500 500
Chloropropyl Octyl.
7446-09-5... Sulfur Dioxide.......... 1 500 500
7783-60-0... Sulfur Tetrafluoride.... ................. 100 100
7446-11-9... Sulfur Trioxide......... b 100 100
7664-93-9... Sulfuric Acid........... ................. 1,000 1,000
77-81-6..... Tabun................... c, h 10 10
7783-80-4... Tellurium Hexafluoride.. k 100 100
107-49-3.... TEPP.................... ................. 10 100
13071-79-9.. Terbufos................ h 100 100
78-00-2..... Tetraethyllead.......... c 10 100
597-64-8.... Tetraethyltin........... c 100 100
75-74-1..... Tetramethyllead......... c, 1 100 100
509-14-8.... Tetranitromethane....... ................. 10 500
10031-59-1.. Thallium Sulfate........ h 100 100/10,000
6533-73-9... Thallous Carbonate...... c, h 100 100/10,000
7791-12-0... Thallous Chloride....... c, h 100 100/10,000
2757-18-8... Thallous Malonate....... c, h 100 100/10,000
7446-18-6... Thallous Sulfate........ ................. 100 100/10,000
2231-57-4... Thiocarbazide........... ................. 1,000 1,000/10,000
39196-18-4.. Thiofanox............... ................. 100 100/10,000
297-97-2.... Thionazin............... ................. 100 500
108-98-5.... Thiophenol.............. ................. 100 500
79-19-6..... Thiosemicarbazide....... ................. 100 100/10,000
5344-82-1... Thiourea, (2- ................. 100 100/10,000
Chlorophenyl)-.
614-78-8.... Thiourea, (2- ................. 500 500/10,000
Methylphenyl)-.
7550-45-0... Titanium Tetrachloride.. ................. 1,000 100
584-84-9.... Toluene 2,4-Diisocyanate ................. 100 500
91-08-7..... Toluene 2,6-Diisocyanate ................. 100 100
110-57-6.... Trans-1,4-Dichlorobutene ................. 500 500
1031-47-6... Triamiphos.............. ................. 500 500/10,000
24017-47-8.. Triazofos............... ................. 500 500
76-02-8..... Trichloroacetyl Chloride ................. 500 500
115-21-9.... Trichloroethylsilane.... h 500 500
327-98-0.... Trichloronate........... k 500 500
98-13-5..... Trichlorophenylsilane... h 500 500
1558-25-4... Trichloro(Chloromethyl)S ................. 100 100
ilane.
27137-85-5.. Trichloro(Dichlorophenyl ................. 500 500
) Silane.
998-30-1.... Triethoxysilane......... ................. 500 500
75-77-4..... Trimethylchlorosilane... ................. 1,000 1,000
824-11-3.... Trimethylolpropane h 100 100/10,000
Phosphite.
1066-45-1... Trimethyltin Chloride... ................. 500 500/10,000
639-58-7.... Triphenyltin Chloride... ................. 500 500/10,000
555-77-1.... Tris(2-Chloroethyl)Amine h 100 100
2001-95-8... Valinomycin............. c 1,000 1,000/10,000
1314-62-1... Vanadium Pentoxide...... ................. 1,000 100/10,000
108-05-4.... Vinyl Acetate Monomer... 1 5,000 1,000
81-81-2..... Warfarin................ ................. 100 500/10,000
129-06-6.... Warfarin Sodium......... h 100 100/10,000
28347-13-9.. Xylylene Dichloride..... ................. 100 100/10,000
58270-08-9.. Zinc, Dichloro(4,4- ................. 100 100/10,000
Dimethyl-
5((((Methylamino)Carbon
yl)
Oxy)Imino)Pentanenitril
e)-, (T-4)-.
1314-84-7... Zinc Phosphide.......... b 100 500
----------------------------------------------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40 CFR table 302.4.
Notes:
a This chemical does not meet acute toxicity criteria. Its TPQ is set at 10,000 pounds.
b This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten,
nonsolution form.
c The calculated TPQ changed after technical review as described in the technical support document.
d Indicates that the RQ is subject to change when the assessment of potential carcinogenicity and/or other
toxicity is completed.
e Statutory reportable quantity for purposes of notification under SARA sect 304(a)(2).
f [Reserved]
g New chemicals added that were not part of the original list of 402 substances.
h Revised TPQ based on new or re-evaluated toxicity data.
j TPQ is revised to its calculated value and does not change due to technical review as in proposed rule.
k The TPQ was revised after proposal due to calculation error.
l Chemicals on the original list that do not meet toxicity criteria but because of their high production volume
and recognized toxicity are considered chemicals of concern (``Other chemicals'').
[[Page 31306]]
Appendix B to Part 355.--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
[CAS Number Order]
----------------------------------------------------------------------------------------------------------------
Reportable quantity * Threshold planning quantity
CAS No. Chemical name Notes (pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
0........... Organorhodium Complex ................. 10 10/10,000
(PMN-82-147).
50-00-0..... Formaldehyde............ l 100 500
50-07-7..... Mitomycin C............. ................. 10 500/10,000
50-14-6..... Ergocalciferol.......... c 1,000 1,000/10,000
51-21-8..... Fluorouracil............ ................. 500 500/10,000
51-75-2..... Mechlorethaminec........ c 10 10
51-83-2..... Carbachol Chloride...... ................. 500 500/10,000
54-11-5..... Nicotine................ c 100 100
54-62-6..... Aminopterin............. ................. 500 500/10,000
55-91-4..... Isofluorphate........... c 100 100
56-25-7..... Cantharidin............. ................. 100 100/10,000
56-38-2..... Parathion............... c 10 100
56-72-4..... Coumaphos............... ................. 10 100/10,000
57-14-7..... Dimethylhydrazine....... ................. 10 1,000
57-24-9..... Strychnine.............. c 10 100/10,000
57-47-6..... Physostigmine........... d 1 100/10,000
57-57-8..... Propiolactone, Beta-.... ................. 10 500
57-64-7..... Physostigmine, d 1 100/10,000
Salicylate (1:1).
57-74-9..... Chlordane............... ................. 1 1,000
58-36-6..... Phenoxarsine, 10,10'- ................. 500 500/10,000
Oxydi-.
58-89-9..... Lindane................. ................. 1 1,000/10,000
59-88-1..... Phenylhydrazine ................. 1,000 1,000/10,000
Hydrochloride.
60-34-4..... Methyl Hydrazine........ ................. 10 500
60-41-3..... Strychnine sulfate...... ................. 10 100/10,000
60-51-5..... Dimethoate.............. ................. 10 500/10,000
62-38-4..... Phenylmercury Acetate... ................. 100 500/10,000
62-53-3..... Aniline................. l 5,000 1,000
62-73-7..... Dichlorvos.............. ................. 10 1,000
62-74-8..... Sodium Fluoroacetate.... ................. 10 10/10,000
62-75-9..... Nitrosodimethylamine.... h 10 1,000
64-00-6..... Phenol, 3-(1- d 1 500/10,000
Methylethyl)-,
Methylcarbamate.
64-86-8..... Colchicine.............. h 10 10/10,000
65-30-5..... Nicotine sulfate........ ................. 100 100/10,000
66-81-9..... Cycloheximide........... ................. 100 100/10,000
67-66-3..... Chloroform.............. l 10 10,000
70-69-9..... Propiophenone, 4-Amino-. g 100 100/10,000
71-63-6..... Digitoxin............... c 100 100/10,000
72-20-8..... Endrin.................. ................. 1 500/10,000
74-83-9..... Methyl Bromide.......... l 1,000 1,000
74-90-8..... Hydrocyanic Acid........ ................. 10 100
74-93-1..... Methyl Mercaptan........ l 100 500
75-15-0..... Carbon Disulfide........ l 100 10,000
75-21-8..... Ethylene Oxide.......... l 10 1,000
75-44-5..... Phosgene................ l 10 10
75-55-8..... Propyleneimine.......... ................. 1 10,000
75-56-9..... Propylene Oxide......... l 100 10,000
75-74-1..... Tetramethyllead......... c, l 100 100
75-77-4..... Trimethylchlorosilane... ................. 1,000 1,000
75-78-5..... Dimethyldichlorosilane.. h 500 500
75-79-6..... Methyltrichlorosilane... h 500 500
75-86-5..... Acetone Cyanohydrin..... ................. 10 1,000
76-02-8..... Trichloroacetyl Chloride ................. 500 500
77-47-4..... Hexachlorocyclopentadien h 10 100
e.
77-78-1..... Dimethyl Sulfate........ ................. 100 500
77-81-6..... Tabun................... c, h 10 10
78-00-2..... Tetraethyllead.......... c 10 100
78-34-2..... Dioxathion.............. ................. 500 500
78-53-5..... Amiton.................. ................. 500 500
78-71-7..... Oxetane, 3,3- ................. 500 500
Bis(Chloromethyl)-.
78-82-0..... Isobutyronitrile........ h 1,000 1,000
78-94-4..... Methyl Vinyl Ketone..... ................. 10 10
78-97-7..... Lactonitrile............ ................. 1,000 1,000
79-06-1..... Acrylamide.............. l 5,000 1,000/10,000
79-11-8..... Chloroacetic Acid....... ................. 100 100/10,000
79-19-6..... Thiosemicarbazide....... ................. 100 100/10,000
79-21-0..... Peracetic Acid.......... ................. 500 500
79-22-1..... Methyl Chloroformate.... h 1,000 500
80-63-7..... Methyl 2-Chloroacrylate. ................. 500 500
[[Page 31307]]
81-81-2..... Warfarin................ ................. 100 500/10,000
82-66-6..... Diphacinone............. ................. 10 10/10,000
86-50-0..... Azinphos-Methyl......... ................. 1 10/10,000
86-88-4..... ANTU.................... ................. 100 500/10,000
88-05-1..... Aniline, 2,4,6-Trimethyl- ................. 500 500
.
88-85-7..... Dinoseb................. ................. 1,000 100/10,000
91-08-7..... Toluene 2,6-Diisocyanate ................. 100 100
95-48-7..... Cresol, o-.............. ................. 100 1,000/10,000
98-05-5..... Benzenearsonic Acid..... ................. 10 10/10,000
98-07-7..... Benzotrichloride........ ................. 10 100
98-13-5..... Trichlorophenylsilane... h 500 500
98-16-8..... Benzenamine, 3- ................. 500 500
(Trifluoromethyl)-.
98-87-3..... Benzal Chloride......... ................. 5,000 500
98-95-3..... Nitrobenzene............ l 1,000 10,000
99-98-9..... Dimethyl-p- ................. 10 10/10,000
Phenylenediamine.
100-14-1.... Benzene, 1- ................. 500 500/10,000
(Chloromethyl)-4-Nitro-.
100-44-7.... Benzyl Chloride......... ................. 100 500
102-36-3.... Isocyanic Acid, 3,4- ................. 500 500/10,000
Dichlorophenyl Ester.
103-85-5.... Phenylthiourea.......... ................. 100 100/10,000
106-89-8.... Epichlorohydrin......... l 100 1,000
106-96-7.... Propargyl Bromide....... ................. 10 10
107-02-8.... Acrolein................ ................. 1 500
107-07-3.... Chloroethanol........... ................. 500 500
107-11-9.... Allylamine.............. ................. 500 500
107-12-0.... Propionitrile........... ................. 10 500
107-13-1.... Acrylonitrile........... l 100 10,000
107-15-3.... Ethylenediamine......... ................. 5,000 10,000
107-16-4.... Formaldehyde Cyanohydrin h 1,000 1,000
107-18-6.... Allyl Alcohol........... ................. 100 1,000
107-30-2.... Chloromethyl Methyl c 10 100
Ether.
107-44-8.... Sarin................... h 10 10
107-49-3.... TEPP.................... ................. 10 100
108-05-4.... Vinyl Acetate Monomer... l 5,000 1,000
108-23-6.... Isopropyl Chloroformate. ................. 1,000 1,000
108-91-8.... Cyclohexylamine......... l 10,000 10,000
108-95-2.... Phenol.................. ................. 1,000 500/10,000
108-98-5.... Thiophenol.............. ................. 100 500
109-61-5.... Propyl Chloroformate.... ................. 500 500
109-77-3.... Malononitrile........... ................. 1,000 500/10,000
110-00-9.... Furan................... ................. 100 500
110-57-6.... Trans-1,4-Dichlorobutene ................. 500 500
110-89-4.... Piperidine.............. ................. 1,000 1,000
111-44-4.... Dichloroethyl Ether..... ................. 10 10,000
111-69-3.... Adiponitrile............ l 1,000 1,000
115-21-9.... Trichloroethylsilane.... h 500 500
115-26-4.... Dimefox................. ................. 500 500
115-29-7.... Endosulfan.............. ................. 1 10/10,000
115-90-2.... Fensulfothion........... h 500 500
116-06-3.... Aldicarb................ c 1 100/10,000
119-38-0.... Isopropylmethylpyrazolyl d 1 500
Dimethylcarbamate.
123-31-9.... Hydroquinone............ l 100 500/10,000
123-73-9.... Crotonaldehyde, (E)-.... ................. 100 1,000
124-65-2.... Sodium Cacodylate....... ................. 100 100/10,000
124-87-8.... Picrotoxin.............. ................. 500 500/10,000
126-98-7.... Methacrylonitrile....... h 1,000 500
129-00-0.... Pyrene.................. c 5,000 1,000/10,000
129-06-6.... Warfarin Sodium......... h 100 100/10,000
140-29-4.... Benzyl Cyanide.......... h 500 500
140-76-1.... Pyridine, 2-Methyl-5- ................. 500 500
Vinyl-.
141-66-2.... Dicrotophos............. ................. 100 100
143-33-9.... Sodium Cyanide (Na(CN)). b 10 100
144-49-0.... Fluoroacetic Acid....... ................. 10 10/10,000
149-74-6.... Dichloromethylphenylsila ................. 1,000 1,000
ne.
151-38-2.... Methoxyethylmercuric ................. 500 500/10,000
Acetate.
151-50-8.... Potassium Cyanide....... b 10 100
151-56-4.... Ethyleneimine........... ................. 1 500
152-16-9.... Diphosphoramide, ................. 100 100
Octamethyl-.
297-78-9.... Isobenzan............... ................. 100 100/10,000
[[Page 31308]]
297-97-2.... Thionazin............... ................. 100 500
298-00-0.... Parathion-Methyl........ c 100 100/10,000
298-02-2.... Phorate................. ................. 10 10
298-04-4.... Disulfoton.............. ................. 1 500
300-62-9.... Amphetamine............. ................. 1,000 1,000
302-01-2.... Hydrazine............... ................. 1 1,000
309-00-2.... Aldrin.................. ................. 1 500/10,000
315-18-4.... Mexacarbate............. ................. 1,000 500/10,000
316-42-7.... Emetine, Dihydrochloride h 1 1/10,000
327-98-0.... Trichloronate........... k 500 500
353-42-4.... Boron Trifluoride ................. 1,000 1,000
Compound With Methyl
Ether (1:1).
359-06-8.... Fluoroacetyl Chloride... c 10 10
371-62-0.... Ethylene Fluorohydrin... c, h 10 10
379-79-3.... Ergotamine Tartrate..... ................. 500 500/10,000
465-73-6.... Isodrin................. ................. 1 100/10,000
470-90-6.... Chlorfenvinfos.......... ................. 500 500
502-39-6.... Methylmercuric ................. 500 500/10,000
Dicyanamide.
504-24-5.... Pyridine, 4-Amino-...... h 1,000 500/10,000
505-60-2.... Mustard Gas............. h 500 500
506-61-6.... Potassium Silver Cyanide b 1 500
506-68-3.... Cyanogen Bromide........ ................. 1,000 500/10,000
506-78-5.... Cyanogen Iodide......... ................. 1,000 1,000/10,000
509-14-8.... Tetranitromethane....... ................. 10 500
514-73-8.... Dithiazanine Iodide..... ................. 500 500/10,000
534-07-6.... Bis(Chloromethyl) Ketone ................. 10 10/10,000
534-52-1.... Dinitrocresol........... ................. 10 10/10,000
535-89-7.... Crimidine............... ................. 100 100/10,000
538-07-8.... Ethylbis(2- h 500 500
Chloroethyl)Amine.
541-25-3.... Lewisite................ c, h 10 10
541-53-7.... Dithiobiuret............ ................. 100 100/10,000
542-76-7.... Propionitrile, 3-Chloro- ................. 1,000 1,000
542-88-1.... Chloromethyl Ether...... h 10 100
542-90-5.... Ethylthiocyanate........ ................. 10,000 10,000
555-77-1.... Tris(2-Chloroethyl)Amine h 100 100
556-61-6.... Methyl Isothiocyanate... b 500 500
556-64-9.... Methyl Thiocyanate...... ................. 10,000 10,000
558-25-8.... Methanesulfonyl Fluoride ................. 1,000 1,000
563-12-2.... Ethion.................. ................. 10 1,000
563-41-7.... Semicarbazide ................. 1,000 1,000/10,000
Hydrochloride.
584-84-9.... Toluene 2,4-Diisocyanate ................. 100 500
594-42-3.... Perchloromethylmercaptan ................. 100 500
597-64-8.... Tetraethyltin........... c 100 100
614-78-8.... Thiourea, (2- ................. 500 500/10,000
Methylphenyl)-.
624-83-9.... Methyl Isocyanate....... ................. 10 500
627-11-2.... Chloroethyl ................. 1,000 1,000
Chloroformate.
630-60-4.... Ouabain................. c 100 100/10,000
639-58-7.... Triphenyltin Chloride... ................. 500 500/10,000
640-19-7.... Fluoroacetamide......... j 100 100/10,000
644-64-4.... Dimetilan............... d 1 500/10,000
675-14-9.... Cyanuric Fluoride....... ................. 100 100
676-97-1.... Methyl Phosphonic b 100 100
Dichloride.
696-28-6.... Phenyl Dichloroarsine... h 1 500
732-11-6.... Phosmet................. ................. 10 10/10,000
760-93-0.... Methacrylic Anhydride... ................. 500 500
786-19-6.... Carbophenothion......... ................. 500 500
814-49-3.... Diethyl Chlorophosphate. h 500 500
814-68-6.... Acrylyl Chloride........ h 100 100
824-11-3.... Trimethylolpropane h 100 100/10,000
Phosphite.
900-95-8.... Stannane, g 500 500/10,000
Acetoxytriphenyl-.
919-86-8.... Demeton-S-Methyl........ ................. 500 500
920-46-7.... Methacryloyl Chloride... ................. 100 100
944-22-9.... Fonofos................. ................. 500 500
947-02-4.... Phosfolan............... ................. 100 100/10,000
950-10-7.... Mephosfolan............. ................. 500 500
950-37-8.... Methidathion............ ................. 500 500/10,000
991-42-4.... Norbormide.............. ................. 100 100/10,000
998-30-1.... Triethoxysilane......... ................. 500 500
999-81-5.... Chlormequat Chloride.... h 100 100/10,000
[[Page 31309]]
1031-47-6... Triamiphos.............. ................. 500 500/10,000
1066-45-1... Trimethyltin Chloride... ................. 500 500/10,000
1122-60-7... Nitrocyclohexane........ ................. 500 500
1124-33-0... Pyridine, 4-Nitro-,1- ................. 500 500/10,000
Oxide.
1129-41-5... Metolcarb............... d 1 100/10,000
1303-28-2... Arsenic Pentoxide....... ................. 1 100/10,000
1306-19-0... Cadmium Oxide........... ................. 100 100/10,000
1314-62-1... Vanadium Pentoxide...... ................. 1,000 100/10,000
1314-84-7... Zinc Phosphide.......... b 100 500
1327-53-3... Arsenous Oxide.......... h 1 100/10,000
1397-94-0... Antimycin A............. c 1,000 1,000/10,000
1420-07-1... Dinoterb................ ................. 500 500/10,000
1464-53-5... Diepoxybutane........... ................. 10 500
1558-25-4... Trichloro(Chloromethyl)S ................. 100 100
ilane.
1563-66-2... Carbofuran.............. ................. 10 10/10,000
1600-27-7... Mercuric Acetate........ ................. 500 500/10,000
1622-32-8... Ethanesulfonyl Chloride, ................. 500 500
2-Chloro-.
1752-30-3... Acetone ................. 1,000 1,000/10,000
Thiosemicarbazide.
1910-42-5... Paraquat Dichloride..... ................. 10 10/10,000
1982-47-4... Chloroxuron............. ................. 500 500/10,000
2001-95-8... Valinomycin............. c 1,000 1,000/10,000
2032-65-7... Methiocarb.............. ................. 10 500/10,000
2074-50-2... Paraquat Methosulfate... ................. 10 10/10,000
2097-19-0... Phenylsilatrane......... h 100 100/10,000
2104-64-5... EPN..................... ................. 100 100/10,000
2223-93-0... Cadmium Stearate........ c 1,000 1,000/10,000
2231-57-4... Thiocarbazide........... ................. 1,000 1,000/10,000
2238-07-5... Diglycidyl Ether........ ................. 1,000 1,000
2275-18-5... Prothoate............... ................. 100 100/10,000
2497-07-6... Oxydisulfoton........... h 500 500
2524-03-0... Dimethyl ................. 500 500
Phosphorochloridothioat
e.
2540-82-1... Formothion.............. ................. 100 100
2570-26-5... Pentadecylamine......... ................. 100 100/10,000
2587-90-8... Phosphorothioic Acid, c, g 500 500
O,O-Dimethyl-S-(2-
Methylthio) Ethyl Ester.
2631-37-0... Promecarb............... d, h 1 500/10,000
2636-26-2... Cyanophos............... ................. 1,000 1,000
2642-71-9... Azinphos-Ethyl.......... ................. 100 100/10,000
2665-30-7... Phosphonothioic Acid, ................. 500 500
Methyl-, O-(4-
Nitrophenyl) O-Phenyl
Ester.
2703-13-1... Phosphonothioic Acid, ................. 500 500
Methyl-, O-Ethyl O-(4-
(Methylthio)Phenyl)
Ester.
2757-18-8... Thallous Malonate....... c, h 100 100/10,000
2763-96-4... Muscimol................ ................. 1,000 500/10,000
2778-04-3... Endothion............... ................. 500 500/10,000
3037-72-7... Silane, (4- ................. 1,000 1,000
Aminobutyl)Diethoxymeth
yl-.
3254-63-5... Phosphoric Acid, ................. 500 500
Dimethyl 4-
(Methylthio)Phenyl
Ester.
3569-57-1... Sulfoxide, 3- ................. 500 500
Chloropropyl Octyl.
3615-21-2... Benzimidazole, 4,5- g 500 500/10,000
Dichloro-2-
(Trifluoromethyl)-.
3689-24-5... Sulfotep................ ................. 100 500
3691-35-8... Chlorophacinone......... ................. 100 100/10,000
3734-97-2... Amiton Oxalate.......... ................. 100 100/10,000
3735-23-7... Methyl Phenkapton....... ................. 500 500
3878-19-1... Fuberidazole............ ................. 100 100/10,000
4044-65-9... Bitoscanate............. ................. 500 500/10,000
4098-71-9... Isophorone Diisocyanate. ................. 100 100
4104-14-7... Phosacetim.............. ................. 100 100/10,000
4170-30-3... Crotonaldehyde.......... ................. 100 1,000
4301-50-2... Fluenetil............... ................. 100 100/10,000
4418-66-0... Phenol, 2,2'-Thiobis(4- ................. 100 100/10,000
Chloro-6-Methyl)-.
4835-11-4... Hexamethylenediamine, ................. 500 500
N,N'-Dibutyl-.
5344-82-1... Thiourea, (2- ................. 100 100/10,000
Chlorophenyl)-.
5836-29-3... Coumatetralyl........... ................. 500 500/10,000
6533-73-9... Thallous Carbonate...... c, h 100 100/10,000
6923-22-4... Monocrotophos........... ................. 10 10/10,000
7446-09-5... Sulfur Dioxide.......... l 500 500
7446-11-9... Sulfur Trioxide......... b 100 100
7446-18-6... Thallous Sulfate........ ................. 100 100/10,000
7487-94-7... Mercuric Chloride....... ................. 500 500/10,000
7550-45-0... Titanium Tetrachloride.. ................. 1,000 100
7580-67-8... Lithium Hydride......... b 100 100
[[Page 31310]]
7631-89-2... Sodium Arsenate......... ................. 1 1,000/10,000
7637-07-2... Boron Trifluoride....... ................. 500 500
7647-01-0... Hydrogen Chloride (gas l 5,000 500
only).
7664-39-3... Hydrogen Fluoride....... ................. 100 100
7664-41-7... Ammonia................. l 100 500
7664-93-9... Sulfuric Acid........... ................. 1,000 1,000
7697-37-2... Nitric Acid............. ................. 1,000 1,000
7719-12-2... Phosphorus Trichloride.. ................. 1,000 1,000
7722-84-1... Hydrogen Peroxide (Conc l 1,000 1,000
> 52%).
7723-14-0... Phosphorus.............. b, h 1 100
7726-95-6... Bromine................. l 500 500
7778-44-1... Calcium Arsenate........ ................. 1 500/10,000
7782-41-4... Fluorine................ k 10 500
7782-50-5... Chlorine................ ................. 10 100
7783-00-8... Selenious Acid.......... ................. 10 1,000/10,000
7783-06-4... Hydrogen Sulfide........ l 100 500
7783-07-5... Hydrogen Selenide....... ................. 10 10
7783-60-0... Sulfur Tetrafluoride.... ................. 100 100
7783-70-2... Antimony Pentafluoride.. ................. 500 500
7783-80-4... Tellurium Hexafluoride.. k 100 100
7784-34-1... Arsenous Trichloride.... ................. 1 500
7784-42-1... Arsine.................. ................. 100 100
7784-46-5... Sodium Arsenite......... ................. 1 500/10,000
7786-34-7... Mevinphos............... ................. 10 500
7791-12-0... Thallous Chloride....... c, h 100 100/10,000
7791-23-3... Selenium Oxychloride.... ................. 500 500
7803-51-2... Phosphine............... ................. 100 500
8001-35-2... Camphechlor............. ................. 1 500/10,000
8065-48-3... Demeton................. ................. 500 500
10025-73-7.. Chromic Chloride........ ................. 1 1/10,000
10025-87-3.. Phosphorus Oxychloride.. ................. 1,000 500
10026-13-8.. Phosphorus Pentachloride b 500 500
10028-15-6.. Ozone................... ................. 100 100
10031-59-1.. Thallium Sulfate........ h 100 100/10,000
10102-18-8.. Sodium Selenite......... h 100 100/10,000
10102-20-2.. Sodium Tellurite........ ................. 500 500/10,000
10102-43-9.. Nitric Oxide............ c 10 100
10102-44-0.. Nitrogen Dioxide........ ................. 10 100
10124-50-2.. Potassium Arsenite...... ................. 1 500/10,000
10140-87-1.. Ethanol, 1,2-Dichloro-, ................. 1,000 1,000
Acetate.
10210-68-1.. Cobalt Carbonyl......... h 10 10/10,000
10265-92-6.. Methamidophos........... ................. 100 100/10,000
10294-34-5.. Boron Trichloride....... ................. 500 500
10311-84-9.. Dialifor................ ................. 100 100/10,000
10476-95-6.. Methacrolein Diacetate.. ................. 1,000 1,000
12002-03-8.. Paris Green............. ................. 1 500/10,000
12108-13-3.. Manganese, Tricarbonyl h 100 100
Methylcyclopentadienyl.
13071-79-9.. Terbufosh............... h 100 100
13171-21-6.. Phosphamidon............ ................. 100 100
13194-48-4.. Ethoprophos............. ................. 1,000 1,000
13410-01-0.. Sodium Selenate......... ................. 100 100/10,000
13450-90-3.. Gallium Trichloride..... ................. 500 500/10,000
13463-39-3.. Nickel Carbonyl......... ................. 10 1
13463-40-6.. Iron, Pentacarbonyl-.... ................. 100 100
14167-18-1.. Salcomine............... ................. 500 500/10,000
15271-41-7.. Bicyclo[2.2.1]Heptane-2- ................. 500 500/10,000
Carbonitrile, 5-Chloro-
6-
((((Methylamino)Carbony
l)Oxy)Imino)-, (1s-(1-
alpha,2-beta,4-alpha,5-
alpha,6E))-.
16752-77-5.. Methomyl................ h 100 500/10,000
17702-41-9.. Decaborane(14).......... ................. 500 500/10,000
17702-57-7.. Formparanated........... d 1 100/10,000
19287-45-7.. Diborane................ ................. 100 100
19624-22-7.. Pentaborane............. ................. 500 500
20830-75-5.. Digoxin................. h 10 10/10,000
20859-73-8.. Aluminum Phosphide...... b 100 500
21548-32-3.. Fosthietan.............. ................. 500 500
21609-90-5.. Leptophos............... ................. 500 500/10,000
21908-53-2.. Mercuric Oxide.......... ................. 500 500/10,000
21923-23-9.. Chlorthiophos........... h 500 500
[[Page 31311]]
22224-92-6.. Fenamiphos.............. ................. 10 10/10,000
23135-22-0.. Oxamyl.................. d 1 100/10,000
23422-53-9.. Formetanate d, h 1 500/10,000
Hydrochloride.
23505-41-1.. Pirimifos-Ethyl......... ................. 1,000 1,000
24017-47-8.. Triazofos............... ................. 500 500
24934-91-6.. Chlormephos............. ................. 500 500
26419-73-8.. Carbamic Acid, Methyl-, d 1 100/10,000
O-(((2,4-Dimethyl-1, 3-
Dithiolan-2-
yl)Methylene)Amino)-.
26628-22-8.. Sodium Azide (Na(N3))... b 1,000 500
27137-85-5.. Trichloro(Dichlorophenyl ................. 500 500
)Silane.
28347-13-9.. Xylylene Dichloride..... ................. 100 100/10,000
28772-56-7.. Bromadiolone............ ................. 100 100/10,000
30674-80-7.. Methacryloyloxyethyl ................. 100 100
Isocyanateh.
39196-18-4.. Thiofanox............... ................. 100 100/10,000
50782-69-9.. Phosphonothioic Acid, ................. 100 100
Methyl-, S-(2-(Bis(1-
Methylethyl)Amino)Ethyl
) O-Ethyl Ester.
53558-25-1.. Pyriminil............... h 100 100/10,000
58270-08-9.. Zinc, Dichloro(4,4- ................. 100 100/10,000
Dimethyl-
5((((Methylamino)
Carbonyl)Oxy)Imino)Pent
anenitrile)-, (T-4)-.
62207-76-5.. Cobalt, ((2,2'-(1,2- ................. 100 100/10,000
Ethanediylbis
(Nitrilomethylidyne))
Bis(6-Fluorophenolato))
(2-)-N,N',O,O')-.
----------------------------------------------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40 CFR table 302.4.
Notes:
a. This chemical does not meet acute toxicity criteria. Its TPQ is set at 10,000 pounds.
b. This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-
solution form.
c. The calculated TPQ changed after technical review as described in the technical support document.
d. Indicates that the RQ is subject to change when the assessment of potential carcinogenicity and/or other
toxicity is completed.
e. Statutory reportable quantity for purposes of notification under SARA sect 304(a)(2).
f. [Reserved]
g. New chemicals added that were not part of the original list of 402 substances.
h. Revised TPQ based on new or re-evaluated toxicity data.
j. TPQ is revised to its calculated value and does not change due to technical review as in proposed rule.
k. The TPQ was revised after proposal due to calculation error.
l. Chemicals on the original list that do not meet toxicity criteria but because of their high production volume
and recognized toxicity are considered chemicals of concern (``Other chemicals'').
PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW
Subpart A--General Information
Sec.
370.1 What is the purpose of this part?
370.2 Who do ``you,'' ``I,'' and ``your'' refer to in this part?
370.3 Which section contains the definitions of the key words used
in this part?
Subpart B--Who Must Comply
370.10 Who must comply with the hazardous chemical reporting
requirements of this part?
370.11 What specific criteria must be met for a hazardous chemical
to qualify for relief from routine reporting requirements?
370.12 What hazardous chemicals must I report under this part?
370.13 What substances are exempt from these reporting
requirements?
370.14 How do I report mixtures containing hazardous chemicals?
Subpart C--Reporting Requirements
370.20 What are the reporting requirements of this part?
How to Comply With MSDS Reporting
370.30 What information must I provide, and what format must I use?
370.31 Do I have to update the information?
370.32 To whom must I submit the information?
370.33 When must I submit the information?
How to Comply with Inventory Reporting
370.40 What information must I provide, and what format must I use?
370.41 What is Tier I inventory information?
370.42 What is Tier II inventory information?
370.43 What codes are used to report Tier I and Tier II inventory
information?
370.44 To whom must I submit the inventory information?
370.45 When must I submit the inventory information?
Subpart D--Community Access to Information
370.60 How does a person obtain MSDS information about a specific
facility?
370.61 How does a person obtain inventory information about a
specific facility?
370.62 What information may a State or local official request from
a facility?
370.63 What responsibilities do the SERC and the LEPC have to make
requested information available?
370.64 What information can I claim as trade secret or
confidential?
370.65 Must I allow the local fire department to inspect my
facility, and must I provide it with specific location information
about hazardous chemicals at my facility?
Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and
329 of the Emergency Planning and Community Right-To-Know Act of
1986 (EPCRA) (Pub. L. 99-499, 100 Stat.1613, 42 U.S.C. 11002, 11021,
11022, 11042, 11044, 11045, 11047, 11048, and 11049).
Subpart A--General Information
Sec. 370.1 What is the purpose of this part?
(a) This part (40 CFR part 370) establishes reporting requirements
that provide the public with important information on the Hazardous
Chemicals in their communities. Reporting raises community awareness of
chemical hazards and aids in the development of State and local
emergency response plans. The
[[Page 31312]]
reporting requirements established under this part consist of Material
Safety Data Sheet (MSDS) reporting, and inventory reporting.
(b) This part is written in a special format to make it easier to
understand the regulatory requirements. Like other Environmental
Protection Agency (EPA) regulations, this part establishes enforceable
legal requirements. Information considered non-binding guidance under
EPCRA is indicated in this regulation by the word ``note'' and a
smaller typeface. Such notes are provided for information purposes only
and are not considered legally binding under this part.
Sec. 370.2 Who do ``you,'' ``I,'' and ``your'' refer to in this part?
Throughout this part, ``you,'' ``I,'' and ``your'' refer to the
owner or operator of a Facility.
Sec. 370.3 Which section contains the definitions of the key words
used in this part?
The definitions of key words used in this part are in 40 CFR
355.62. It is important to read the definitions for key words because
the definition explains the word's specific meaning in the regulations
in this part. When a defined word first appears in this part, it is
printed with the initial letter capitalized.
Subpart B--Who Must Comply
Sec. 370.10 Who must comply with the hazardous chemical reporting
requirements of this part?
(a) You must comply with the reporting requirements of this part if
the Occupational Safety and Health Act of 1970 (OSHA) and regulations
issued under that Act require your facility to prepare or have
available a material safety data sheet (MSDS) for a hazardous chemical
and if either of the following conditions is met:
(1) A hazardous chemical that is an Extremely Hazardous Substance
(EHS) is present at your facility at any one time in an amount equal to
or greater than the threshold level for that EHS--500 pounds (or 227
kg, approximately 55 gallons) or the Threshold Planning Quantity (TPQ),
whichever is lower. Extremely hazardous substances and their TPQs are
listed in appendices A and B of 40 CFR part 355.
(2) A hazardous chemical that is not an extremely hazardous
substance is present at your facility at any one time in an amount
equal to or greater than the threshold level for that hazardous
chemical. Threshold levels for such hazardous chemicals are as follows:
(i) For any hazardous chemical that does not meet the criteria in
paragraph (a)(2) (ii), (iii), (iv) or (v) of this section, the
threshold level is 10,000 pounds (or 4,540 kg).
(ii) For gasoline at a retail gas station, when stored in a tank
entirely underground and in compliance with the Underground Storage
Tank regulations at 40 CFR part 280, the threshold level is 75,000
gallons (for all grades of gasoline combined). For purposes of this
part, retail gas station means a retail gasoline facility principally
engaged in selling gasoline to the public and convenience stores
engaged in selling gasoline to the public.
(iii) For diesel fuel at a retail gas station, when stored in a
tank entirely underground and in compliance with the Underground
Storage Tank regulations at 40 CFR part 280, the threshold level is
100,000 gallons.
(iv) For sand, gravel, and rock salt the threshold level is
infinite. For purposes of this part, an infinite threshold level means
that you do not have to comply with the reporting requirements of this
part, except for Sec. 370.10(b).
(v) For any chemical that is considered minimal hazard and minimal
risk under Sec. 370.11, the threshold level is infinite. For purposes
of this part, an infinite threshold level means that you do not have to
comply with the reporting requirements of this part, except for
Sec. 370.10(b).
(b) You also must comply with the reporting requirements of this
part if OSHA and regulations issued under that Act require your
facility to prepare or have available an MSDS for a hazardous chemical
and if the LEPC requests that you submit an MSDS (and you have not
already submitted an MSDS to the LEPC for that hazardous chemical), or
if the LEPC, the SERC, or the fire department with jurisdiction over
your facility requests that you submit Tier II information. For
reporting in response to any such requests under this paragraph
(Sec. 370.10(b)), the threshold level is zero. Tier II information is
discussed in Sec. 370.42. LEPC means the local emergency planning
committee appointed by the State emergency response commission. SERC
means the emergency response commission for the State in which the
facility is located except where the facility is located in Indian
Country, in which case, SERC means the emergency response commission
for the Tribe under whose jurisdiction the facility is located.
Sec. 370.11 What specific criteria must be met for a hazardous
chemical to qualify for relief from routine reporting requirements?
(a) A hazardous chemical present at your facility that is not an
EHS, a CERCLA hazardous substance, a toxic chemical listed in 40 CFR
part 372 or a regulated substance listed under the Clean Air Act (CAA)
Risk Management Program (RMP) in 40 CFR part 68 qualifies for the
infinite threshold level under Sec. 370.10(a)(2)(v), which provides for
relief from routine reporting requirements, if the hazardous chemical
meets each of the following specific criteria:
(1) The chemical has a minimal inherent hazard and presents a
minimal physical or health risk, to individuals in the community beyond
the site or sites on which the facility is located, and to emergency
responders on-site, under normal conditions of production, use, or
storage, or in a foreseeable emergency.
(2) The chemical has a minimal inherent hazard and presents a
minimal risk, to the environment beyond the site or sites on which the
facility containing the chemical is located.
(3) You have followed the notification requirements under paragraph
(b) of this section.
(b) For a hazardous chemical present at your facility to qualify
for the infinite threshold level under Sec. 370.10(a)(2)(v), which
provides for relief from routine reporting requirements, you must meet
each of the following notification requirements:
(1) You must notify the appropriate SERC, LEPC and fire department
of your assessment that the chemical meets the specific criteria in
paragraph (a) of this section, and must notify them of the name of the
chemical and conditions relevant to the assessment.
(2) You must follow the notification procedure described in this
section one time, unless a change occurs that may affect whether the
chemical continues to meet the criteria in paragraph (a) of this
section. If such a change occurs, you must repeat the notification
requirements of this paragraph. Until these notification requirements
are met, you must report using the applicable threshold level under
Secs. 370.10(a)(2)(i) through (iv).
Sec. 370.12 What hazardous chemicals must I report under this part?
You must report any hazardous chemical for which you are required
to prepare or have available an MSDS under OSHA and regulations issued
under that Act that is present at your facility above the applicable
threshold specified in Sec. 370.10. (Specific exemptions from reporting
are in
[[Page 31313]]
Sec. 370.13.) The EPA has not issued a list of hazardous chemicals
subject to reporting under this part; a substance is a hazardous
chemical, and required to have an MSDS, if it meets the definition of
hazardous chemical under the OSHA regulations found at 29 CFR
1910.1200(c).
Sec. 370.13 What substances are exempt from these reporting
requirements?
You do not have to report substances for which you are not required
to have an MSDS under the OSHA regulations, or that are excluded from
the definition of hazardous chemical under EPCRA section 311(e). Each
of the following substances are excluded under EPCRA section 311(e):
(a) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration.
(b) Any substance present as a solid in any manufactured item to
the extent exposure to the substance does not occur under normal
conditions of use.
(c) Any substance to the extent it is used:
(1) For personal, family, or household purposes, or is present in
the same form and concentration as a product packaged for distribution
and use by the general public. Present in the same form and
concentration as a product packaged for distribution and use by the
general public means a substance packaged in a similar manner and
present in the same concentration as the substance when packaged for
use by the general public, whether or not it is intended for
distribution to the general public or used for the same purpose as when
it is packaged for use by the general public;
(2) In a research laboratory or hospital or other medical facility
under the direct supervision of a technically qualified individual; or
(3) In routine agricultural operations or is a fertilizer held for
sale by a retailer to the ultimate customer.
Sec. 370.14 How do I report mixtures containing hazardous chemicals?
(a) If a hazardous chemical is present at your facility as part of
a Mixture, you must report according to one of the following two
options:
(1) Report the required information in reference to each component
in the mixture that is a hazardous chemical.
(2) Report the required information in reference to the mixture
itself.
(b) For a mixture containing a hazardous chemical, use the
following table to determine if a reporting threshold is equaled or
exceeded, and to determine how to report:
----------------------------------------------------------------------------------------------------------------
Then to determine if the threshold level And if the threshold level for that
If your mixture contains a for that hazardous chemical is equaled hazardous chemical is equaled or
hazardous chemical or exceeded you must exceeded then you must
----------------------------------------------------------------------------------------------------------------
That is an EHS.............. Determine the total quantity of the EHS Report in reference to either: the EHS
present throughout your facility at any component--submit an MSDS (or list) for
one time, by adding together the the EHS, as provided under Sec.
quantity present as a component in all 370.30, and submit Tier I information
mixtures and all other quantities of for the EHS, as provided under Sec.
the EHS (you must include the quantity 370.40 or the mixture itself--submit an
present in a mixture even if you are MSDS (or list) for the mixture, as
also applying that particular mixture provided under Sec. 370.30, and submit
as a whole toward the threshold level Tier I information for the mixture, as
for that mixture). provided under Sec. 370.40.
That is not an EHS.......... Determine either: the total quantity of Report in reference to either: the
the hazardous chemical present hazardous chemical component--submit an
throughout your facility at any one MSDS (or list) for the hazardous
time, by adding together the quantity chemical, as provided under Sec.
present as a component in all mixtures 370.30, and submit Tier I information
and all other quantities of the for the hazardous chemical, as provided
hazardous chemical (you must include under Sec. 370.40 or the mixture
the quantity present in a mixture even itself--submit an MSDS (or list) for
if you are also applying that the mixture, as provided under Sec.
particular mixture as a whole toward 370.30, and submit Tier I information
the threshold level for that mixture) for the mixture, as provided under Sec.
or the total quantity of that mixture 370.40.
present throughout your facility at any
one time.
----------------------------------------------------------------------------------------------------------------
(c) To determine the quantity of a hazardous chemical component
present in a mixture, multiply the concentration of the hazardous
chemical component (in weight percent) by the weight of the mixture (in
pounds). You do not have to count a hazardous chemical present in a
mixture if the concentration is less than or equal to 1%, or less than
or equal to 0.1% for a carcinogenic chemical.
(d) For each specific mixture, the reporting option used must be
consistent for both MSDS and inventory reporting, unless impracticable.
This means that if you report on a specific mixture as a whole for MSDS
reporting, you must report on that mixture as a whole for inventory
reporting too (unless impracticable). MSDS reporting and inventory
reporting are discussed in detail in subpart C of this part.
(e) If a hazardous chemical is present at your facility both by
itself and as a component in mixture(s), you must determine the total
amount present to apply the threshold level. To calculate the total
amount, add together the quantity in all mixtures, and all other
quantities of the hazardous chemical present at your facility.
Subpart C--Reporting Requirements
Sec. 370.20 What are the reporting requirements of this part?
The reporting requirements of this part consist of MSDS reporting
and inventory reporting. If you are the owner or operator of a facility
subject to the reporting requirements of this part then you must comply
with both types of reporting requirements. MSDS reporting requirements
are addressed in Secs. 370.30 through 370.33. Inventory reporting
requirements are addressed in Secs. 370.40 through 370.45.
How to Comply With MSDS Reporting
Sec. 370.30 What information must I provide, and what format must I
use?
(a) You must report the hazardous chemicals present at your
facility that exceed the applicable threshold levels (threshold levels
are in Sec. 370.10). You must comply with this requirement by doing one
of the following:
(1) Submit an MSDS for each hazardous chemical present at your
facility above its applicable threshold level.
(2) Submit a list of all hazardous chemicals present at your
facility that exceed applicable threshold levels. The hazardous
chemicals on your list must be grouped by Hazard Category as defined
under 40 CFR 355.62. The list must contain the chemical or common name
of each hazardous chemical as provided on the MSDS.
[[Page 31314]]
(b) You must also submit an MSDS for any hazardous chemical present
at your facility for which you have not submitted an MSDS, to the LEPC
within 30 days of receipt of a request by the LEPC (as provided in
Sec. 370.10(b)).
Sec. 370.31 Do I have to update the information?
You must update the information in all of the following ways:
(a) Submit a revised MSDS after discovery of significant new
information concerning a hazardous chemical for which an MSDS was
submitted.
(b) Submit an MSDS, or a list as described in Sec. 370.30(a), for
any hazardous chemical for which you become subject to these reporting
requirements.
(c) Submit an MSDS for any hazardous chemical present at your
facility for which you have not submitted an MSDS, and for which the
LEPC requests you to submit an MSDS, as provided in Sec. 370.30(b).
Sec. 370.32 To whom must I submit the information?
You must submit the required reporting information to the following
entities:
(a) Submit an MSDS or list, as provided in Sec. 370.30(a), to the
LEPC, the SERC, and the fire department with jurisdiction over your
facility.
(b) Submit an MSDS requested by the LEPC, as provided in
Sec. 370.30(b), to the LEPC.
Sec. 370.33 When must I submit the information?
You must submit the required reporting information at the following
times:
(a) Submit an MSDS, or a list as provided in Sec. 370.30(a), for a
hazardous chemical subject to the reporting requirements of this part
by October 17, 1987, or within 3 months after you first become subject
to the reporting requirements of this part (as provided in Secs. 370.30
and 370.31(b)).
(b) Submit a revised MSDS, as provided in Sec. 370.31(a), within 3
months after discovering significant new information about a hazardous
chemical for which an MSDS was submitted.
(c) Submit an MSDS requested by the LEPC, as provided in
Secs. 370.30(b) and 370.31(c), within 30 days of receiving the request.
How to Comply With Inventory Reporting
Sec. 370.40 What information must I provide, and what format must I
use?
(a) If you are required to comply with the hazardous chemical
reporting requirements of this part, then you must annually--by March
1--submit inventory information regarding any hazardous chemical
present at your facility at any time during the previous calendar year
in an amount equal to or in excess of its threshold level. Threshold
levels are provided in Sec. 370.10.
(b) Tier I information is the minimum information that you must
report to be in compliance with the inventory reporting requirements of
this part, and is described in Sec. 370.41. You may choose to report
Tier II information, which is described in Sec. 370.42, for any
hazardous chemical at your facility. You must submit Tier II
information to the SERC, LEPC, or fire department having jurisdiction
over your facility if they request it. The EPA publishes Tier I and
Tier II Inventory Forms, which are uniform formats for reporting the
Tier I and Tier II information. You may use a State or local format for
reporting inventory information if the State or local format contains
at least the Tier I information.
Note to paragraph (b): Some States require Tier II information
annually under State law.
(c) You should contact the SERC to determine State requirements for
format and procedures regarding inventory reporting. If your State has
a policy for electronic submittal of inventory information, you should
obtain instructions from the SERC. You may also contact the SERC to
obtain inventory forms specific to that State. You may obtain the most
current versions of the EPA Tier I and Tier II forms, and instructions
for completing the Tier I and Tier II forms, by contacting the National
Center for Environmental Publications and Information (NCEPI) at 800/
490-9198. The forms are also available on the Internet at www.epa.gov/
ceppo/publications/.
Sec. 370.41 What is Tier I inventory information?
Tier I information provides State and local officials and the
public with information on the general types and locations of hazardous
chemicals present at your facility during the previous calendar year.
The Tier I information is the minimum information that you must provide
to be in compliance with the inventory reporting requirements of this
part. If you are reporting Tier I information, you must report
aggregate information on hazardous chemicals by hazard categories.
There are two health hazard categories and three physical hazard
categories for purposes of reporting under this part. These five hazard
categories are defined in 40 CFR 355.62. Tier I information includes
all of the following:
(a) Certification. The owner or operator or the officially
designated representative of the owner or operator must certify that
all information included in the submission is true, accurate, and
complete by certifying the following: ``I certify under penalty of law
that I have personally examined and am familiar with the information
submitted and that based on my inquiry of those individuals responsible
for obtaining the information, I believe that the submitted information
is true, accurate, and complete.'' This certification shall be
accompanied by your full name, official title, signature, date signed,
and total number of pages in the submission including all attachments.
(b) The calendar year for the reporting period.
(c) The complete name (and company identifier where appropriate)
and address of your facility. Include the full street address or state
road, the city, county, State and zip code.
(d) The North American Industry Classification System (NAICS) code
for your facility.
(e) The Dun & Bradstreet number of your facility.
(f) The owner's or operator's full name, mailing address, and phone
number.
(g) Emergency contact. The name, title, and phone number(s) of at
least one local individual or office that can act as a referral if
emergency responders need assistance in responding to a chemical
accident at your facility. You must provide an emergency phone number
where such emergency information will be available 24 hours a day,
every day.
(h) An indication whether the information being reported is
identical to that submitted the previous year.
(i) An estimate (in ranges) of the maximum amount of hazardous
chemicals in each hazard category present at your facility at any time
during the preceding calendar year. You must use codes that correspond
to different ranges. The range codes are in Sec. 370.43.
(j) An estimate (in ranges) of the average daily amount of
hazardous chemicals in each hazard category present at your facility
during the preceding calendar year. You must use codes that correspond
to different ranges. The range codes are in Sec. 370.43.
(k) The greatest number of days that any single hazardous chemical
within
[[Page 31315]]
each hazard category was present at your facility.
(l) The general location of hazardous chemicals in each hazard
category, within your facility. For each hazard type, list the
locations of all applicable chemicals. As an alternative, you may
choose to submit a site plan, and list the site coordinates related to
the appropriate locations.
Sec. 370.42 What is Tier II inventory information?
Tier II information provides State and local officials and the
public with specific information on amounts and locations of hazardous
chemicals present at your facility during the previous calendar year.
If you are reporting Tier II information, you must include the
following:
(a) Certification. The owner or operator (or the officially
designated representative of the owner or operator) must certify that
all information included in the submission is true, accurate, and
complete by certifying the following: ``I certify under penalty of law
that I have personally examined and am familiar with the information
submitted and that based on my inquiry of those individuals responsible
for obtaining the information, I believe that the submitted information
is true, accurate, and complete.'' This certification must be
accompanied by your full name, official title, original signature, date
signed, and total number of pages in the submission including all
Confidential and Non-Confidential Information Sheets and all
attachments. All other pages must also contain your signature or
signature stamp, the date you signed the certification, and the total
number of pages in the submission.
(b) The calendar year for the reporting period.
(c) The complete name (and company identifier where appropriate)
and address of your facility. Include the full street address or state
road, the city, county, State and zip code.
(d) The North American Industry Classification System (NAICS) code
for your facility.
(e) The Dun & Bradstreet number of your facility.
(f) The owner's or operator's full name, mailing address, and phone
number.
(g) Emergency contact. The name, title, and phone number(s) of at
least one local individual or office that can act as a referral if
emergency responders need assistance in responding to a chemical
accident at your facility. You must provide an emergency phone number
where such emergency information will be available 24 hours a day,
every day.
(h) An indication whether the information being reported is
identical to that submitted the previous year.
(i) For each hazardous chemical that you are required to report,
you must provide the following information:
(1) The chemical name or the common name of the chemical as
provided on the material safety data sheet, and the Chemical Abstract
Service (CAS) registry number. If you are withholding the name in
accordance with trade secret criteria, you must provide the generic
class or category that is structurally descriptive of the chemical, and
indicate that the name is withheld because of trade secrecy. Trade
secret criteria are addressed in Sec. 370.64(a).
(2) An indication if any of these descriptors apply to the
chemical: pure or mixture; solid, liquid, or gas; and whether the
chemical is or contains an EHS.
(3) If the chemical is a mixture containing an EHS, the chemical
name of each EHS in the mixture.
(4) An indication of which hazard categories apply to the chemical.
The five hazard categories are defined in 40 CFR 355.62.
(5) An estimate (in ranges) of the maximum amount of the hazardous
chemical present at your facility on any single day during the
preceding calendar year. You must use codes that correspond to
different ranges. The range codes are in Sec. 370.43.
(6) An estimate (in ranges) of the average daily amount of the
hazardous chemical present at your facility during the preceding
calendar year. You must use codes that correspond to different ranges.
The range codes are in Sec. 370.43.
(7) The number of days that the hazardous chemical was present at
your facility during the preceding calendar year.
(8) A brief description of the precise location of the hazardous
chemical at your facility. You may choose to attach a site plan with
site coordinates indicated, a list of site coordinate abbreviations, or
a description of dikes and other safeguard measures. Under EPCRA
section 324 you may choose to withhold the location information
regarding a specific chemical from disclosure to the public. If you
choose to withhold the location information from disclosure to the
public you must clearly indicate that the information is
``confidential.'' You must provide the ``confidential'' location
information on a separate sheet from the other Tier II information
(which will be disclosed to the public), and attach the
``confidential'' location information sheet to the other Tier II
information. Indicate any attachments you are including.
(9) A brief description of the manner of storage of the hazardous
chemical, including container type, temperature and pressure, for each
location listed. You must use codes that correspond to different
storage types and temperature and pressure conditions. The storage
codes are in Sec. 370.43. If the specific location for which you are
reporting storage conditions is a ``confidential'' location then you
must report the storage conditions on a separate ``confidential''
location information sheet.
Sec. 370.43 What codes are used to report Tier I and Tier II inventory
information?
(a) Weight range codes. You must use the following codes to report
the maximum amount and average daily amount when reporting Tier I or
Tier II information:
------------------------------------------------------------------------
Weight range in pounds
Range codes ----------------------------------------
From To
------------------------------------------------------------------------
01............................. 0.................. 99.
02............................. 100................ 999.
03............................. 1,000.............. 9,999.
04............................. 10,000............. 99,999.
05............................. 100,000............ 999,999.
06............................. 1,000,000.......... 9,999,999.
07............................. 10,000,000......... 49,999,999.
08............................. 50,000,000......... 99,999,999.
09............................. 100,000,000........ 499,999,999.
10............................. 500,000,000........ 999,999,999.
11............................. 1 billion.......... Higher than 1
billion.
------------------------------------------------------------------------
Note to paragraph (a): To convert gas or liquid volume to weight
in pounds, multiply by an appropriate density factor.
(b) Storage type codes. You must use the following codes to report
storage types when you are reporting Tier II information:
----------------------------------------------------------------------------------------------------------------
Codes Types of storage
----------------------------------------------------------------------------------------------------------------
A............................................... Above ground tank.
B............................................... Below ground tank.
C............................................... Tank inside building.
D............................................... Steel drum.
E............................................... Plastic or non-metallic drum.
F............................................... Can.
G............................................... Carboy.
H............................................... Silo.
I............................................... Fiber drum.
J............................................... Bag.
K............................................... Box.
L............................................... Cylinder.
M............................................... Glass bottles or jugs.
N............................................... Plastic bottles or jugs.
O............................................... Tote bin.
P............................................... Tank wagon.
Q............................................... Rail car.
R............................................... Other.
----------------------------------------------------------------------------------------------------------------
[[Page 31316]]
(c) Storage condition codes. You must use the following codes to
report storage conditions when you are reporting Tier II information:
------------------------------------------------------------------------
Codes Storage conditions
------------------------------------------------------------------------
Pressure conditions
1................................ Ambient pressure.
2................................ Greater than ambient pressure.
3................................ Less than ambient pressure.
Temperature conditions
4................................ Ambient temperature.
5................................ Greater than ambient temperature.
6................................ Less than ambient temperature but not
cryogenic.
7................................ Cryogenic conditions.
------------------------------------------------------------------------
(d) Your SERC or LEPC may provide other range codes for reporting
maximum amounts and average daily amounts, or may require reporting of
specific amounts. You may use your SERC's or LEPC's range codes (or
specific amounts) provided the ranges are not broader than the ranges
in paragraph (a) of this section. Your SERC or LEPC may also provide
other codes for storage types or conditions. You may use those codes
provided your SERC's or LEPC's storage types and conditions codes
specify the same or more detailed information as the codes in
paragraphs (b) and (c) of this section.
Sec. 370.44 To whom must I submit the inventory information?
You must submit the required inventory information to each of the
following:
(a) Your State emergency response commission (SERC).
(b) Your local emergency planning committee (LEPC).
(c) The fire department with jurisdiction over your facility.
Sec. 370.45 When must I submit the inventory information?
You must report the required inventory information as follows:
(a) Submit the required inventory information by March 1, each year
(beginning in 1988 or beginning after your facility first becomes
subject to this part), and by March 1 of each year afterwards. Your
submission must contain the required inventory information on hazardous
chemicals present at your facility during the preceding calendar year
at or above the threshold levels. Threshold levels are in Sec. 370.10.
The minimum required inventory information under EPCRA section 312 is
Tier I information. Tier I information requirements are described in
Sec. 370.41.
(b) Submit Tier II information within 30 days of the receipt of
such a request from the SERC, LEPC, or the fire department having
jurisdiction over your facility, as provided in Sec. 370.10(b). Tier II
information requirements are described in Sec. 370.42.
Subpart D--Community Access to Information
Sec. 370.60 How does a person obtain MSDS information about a specific
facility?
Any person may obtain an MSDS for a specific facility, by writing
to the LEPC and asking for such an MSDS.
(a) If the LEPC has the MSDS, it must provide it to the person
making the request.
(b) If the LEPC does not have the MSDS, it must request the MSDS
from the facility's owner or operator.
Sec. 370.61 How does a person obtain inventory information about a
specific facility?
(a) Any person may request Tier II information for a specific
facility by writing to the SERC or the LEPC and asking for such
information.
(1) If the SERC or LEPC has the Tier II information, the SERC or
LEPC must provide it to the person making the request.
(2) If the SERC or LEPC does not have the Tier II information, it
must request it from the facility's owner or operator in either of the
following cases:
(i) The person making the request is a State or local official
acting in his or her official capacity.
(ii) The request is for hazardous chemicals stored at the
facility--in an amount greater than 10,000 pounds--at any time during
the previous calendar year.
(3) If the SERC or LEPC does not have the Tier II information, it
may request it from the facility's owner or operator in the following
case: neither condition in paragraph (a)(2) of this section is met, but
the person's request includes a general statement of need.
(b) A SERC or LEPC must respond to a request for Tier II
information under this section within 45 days of receiving such a
request.
Sec. 370.62 What information may a State or local official request
from a facility?
The LEPC may ask a facility's owner or operator to submit an MSDS
for a hazardous chemical present at the facility. The SERC, LEPC, or
fire department having jurisdiction over a facility may ask a
facility's owner or operator to submit Tier II information. The owner
or operator must submit the MSDS (unless the owner or operator has
already submitted an MSDS to the LEPC for that hazardous chemical) or
Tier II information within 30 days of receipt of such request.
Sec. 370.63 What responsibilities do the SERC and the LEPC have to
make requested information available?
If a person makes a request under this subpart, the SERC or LEPC
must make available the following information (except for confidential
location information, which is discussed in Sec. 370.64(b)):
(a) All information obtained from an owner or operator in response
to a request under this subpart.
(b) Any requested Tier II information or MSDS otherwise in
possession of the SERC or the LEPC.
Sec. 370.64 What information can I claim as trade secret or
confidential?
(a) Trade secrets. When submitting MSDS reporting or inventory
reporting information that requires you to provide the names of
specific chemicals present at your facility, you may be able to
withhold the name of a specific chemical from reporting, if that
information is claimed as a trade secret. The requirements for
withholding trade secret information are set forth in EPCRA section 322
and implemented in 40 CFR part 350. EPA's final regulation on trade
secrecy (53 FR 28772, July 29, 1988) contains detailed information on
how to submit trade secrecy claims. If you are withholding the name of
a specific chemical as a trade secret, in accordance with trade secrecy
requirements, you must report the generic class or category that is
structurally descriptive of the chemical along with all other required
information; you must also submit the withheld information to EPA and
must adequately substantiate your claim.
(b) Confidential location information. If you are reporting Tier II
information then you are required to provide the precise locations of
specific chemicals present at your facility (Tier II information is
described in Sec. 370.42). You may request that the SERC or the LEPC
not disclose to the public the location of any specific chemical
required to be submitted as Tier II information. If you make such a
request, the SERC or LEPC must not disclose the location of the
specific chemical for which you made the request. If you use a Tier II
form to report your inventory information, you can choose to report
confidential location information with respect to a specific chemical
on a Tier Two Confidential Location Information Sheet, which must be
attached to the other Tier II information you are reporting. Although
you may request
[[Page 31317]]
that location information with respect to a specific chemical be
withheld from the public, you may not withhold this information from
the SERC, the LEPC, or the local fire department.
Sec. 370.65 Must I allow the local fire department to inspect my
facility, and must I provide it specific location information about
hazardous chemicals at my facility?
If you are the owner or operator of a facility that has submitted
inventory information under this part, you must comply with the
following two requirements upon request by the fire department with
jurisdiction over your facility:
(a) You must allow the fire department to conduct on-site
inspection of your facility.
(b) You must provide the fire department with information about the
specific locations of hazardous chemicals at your facility.
[FR Doc. 98-14490 Filed 6-5-98; 8:45 am]
BILLING CODE 6560-50-P