**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Parts 355 and 370**

**\[EPA-HQ-SFUND-1998-0002; FRL_XXXX-X\]**

**RIN 2050-AE17**

**Emergency Planning and Community Right-to-Know Act; Amendments to
Emergency Planning and Notification; Emergency Release Notification and
Hazardous Chemical Reporting.**

**AGENCY:** Environmental Protection Agency (EPA).

**ACTION:** Final Rule.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**SUMMARY:** EPA is finalizing changes to the Emergency Planning
Notification, Emergency Release Notification and Hazardous Chemical
Reporting regulations that were proposed on June 8, 1998. EPA proposed
four major revisions and provided draft guidance on various reporting
options that States and local agencies may wish to consider in
implementing the hazardous chemical reporting requirements. This action
addresses only those changes proposed under the heading "*Other
Regulatory Changes"* described in the preamble to the 1998 proposed
rule. This final action includes minor revisions to the Emergency
Planning Notification, Emergency Release Notification and Hazardous
Chemical Reporting regulations, codifying statutory requirements, and
clarifying certain interpretations and policy statements that EPA has
provided to the regulated community. This final action does not affect
public access to any of the information provided under the Emergency
Planning Notification, Emergency Release Notification and Hazardous
Chemical Reporting regulations. In addition to the regulatory changes,
the Agency is finalizing the plain language format of the regulations.
Each section in these regulations will be re-numbered and tables will be
added for further clarification. Improving the clarity of the regulatory
requirements, make the rule easier to understand and improve compliance.

**DATES:** This final rule is effective on **\[insert date** **30 days
after publication in the Federal Register\].**

**ADDRESSES:** EPA has established a docket for this action under Docket
ID No.

EPA-SFUND-1998-0002. All documents in the docket are listed on the
[www.regulations.gov](http://www.regulations.gov/) web site. Although
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be publicly
available only in hard copy form. Publicly available docket materials
are available either electronically through
[www.regulations.gov](http://www.regulations.gov/) or in hard copy at
the Superfund Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave., NW, Washington, DC. The Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Superfund Docket is (202) 566-0276.

**FOR FURTHER INFORMATION CONTACT:** Sicy Jacob, Office of Emergency
Management, Mail Code 5104A, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, Washington DC 20004; telephone number: (202)
564-8019; fax number: (202) 564-2620; e-mail address:
<jacob.sicy@epa.gov>. Also contact the Superfund, TRI, EPCRA, RMP and
Oil Information Center at (800) 424-9346 or (703) 412-9810 (in the
Washington DC metropolitan area). The Telecommunications Device for the
Deaf (TDD) number is (800) 553-7672 or (703) 412-3323 (in the
Washington, DC metropolitan area.) You may wish to visit the Office of
Emergency Management (OEM) Internet site at
[www.epa.gov/oem](http://www.epa.gov/oem).

**SUPPLEMENTARY INFORMATION:** Here are the contents of today's
preamble.

I. General Information

A. Who is Affected by This Rule?

B. What is the Statutory Authority for This Rule?

C. What is the Background for This Rulemaking?

II\. What are the Regulatory Changes in This Rule?

A.  Reporting of Mixtures Under EPCRA Sections 311 and 312 (40 CFR part
    370)

```{=html}
<!-- -->
```
1.  Background of the proposed revisions for the reporting of mixtures

2.  Summary of proposed revisions to the mixture reporting

3.  Organizational changes to the mixture reporting in this final action

4.  Final action on proposed revision (1): Removing the phrase "the
    total quantity of the mixture from §370.28(b)(2)

5.  Final action on proposed revision (2): Clarifying how to determine
    the total quantity of an EHS in mixtures

6.  Final action on proposed revision (3): Adding a provision for
    determining the quantity of a non-EHS hazardous chemical component
    in a mixture

7.  Final action on proposed revision (4): Adding a provision for
    determining the quantity of a non-EHS hazardous chemical when
    present in pure form and in mixtures

```{=html}
<!-- -->
```
B.  Tier I and Tier II Inventory Forms and Instructions

1\. Removal of forms and instructions from the Code of Federal
Regulations

2\. Revisions to the forms and instructions

C.  Penalties for Noncompliance

D.  Additional Changes to Parts 355 and 370 Regulations

E.  Definitions

III\. Statutory and Executive Orders

A.  Executive Order 12866: Regulatory Planning and Review

B.  Paperwork Reduction Act

C.  Regulatory Flexibility Act

D.  Unfunded Mandates Reform Act

E.  Executive Order 13132 (Federalism)

F.  Executive Order 13175 (Consultation and Coordination with Indian
    Tribal Governments)

G.  Executive Order 13045

H.  Executive Order 13211 (Energy Effects)

I.  National Technology Transfer and Advancement Act

J.  Executive Order 12898: Federal Actions to Address Environmental
    Justice in Minority Populations and Low-Income Populations

K.  Congressional Review Act

    **I. General Information**

    **A. Who is Affected by This Rule?**

    Entities that would be affected by this rule are those organizations
    and facilities subject to the Emergency Planning and Community
    Right-to-Know Act (EPCRA) and its implementing regulations found in
    40 CFR parts 355 and 370. To determine whether your facility is
    affected by this action, you should carefully examine the sections
    below that explain who must comply with the rule. If you have
    questions regarding the applicability of this action to a particular
    entity, consult the person listed in the preceding **FOR FURTHER
    INFORMATION CONTACT** section.

**B. What is the Statutory Authority for This Rule?**

This final rule is being issued under EPCRA, which was enacted as Title
III of the Superfund Amendments and Reauthorization Act (SARA) of 1986
(Pub.L. 99-499), (SARA). The Agency relies on EPCRA section 328 for
general rulemaking authority.

C.  **What is the Background of This Rulemaking?**

Title III of SARA (EPCRA) establishes authorities for emergency planning
and preparedness, emergency release notification reporting, community
right-to-know reporting, and toxic chemical release reporting. It is
intended 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. The implementing regulations for emergency
planning, emergency release notification and the chemicals subject to
these regulations (Extremely Hazardous Substances) are codified in 40
CFR part 355. The implementing regulations for community right-to-know
reporting (or hazardous chemical reporting) are codified in 40 CFR part
370.

On June 8, 1998, EPA published a proposed rule (63 FR 31268) to
streamline the reporting requirements under EPCRA, in particular,
sections 311 and 312. EPA proposed four major revisions and provided
draft guidance on various reporting options that State Emergency
Response Commissions (SERCs), Local Emergency Planning Committees
(LEPCs), and fire departments may wish to consider as they implement
EPCRA sections 311 and 312. The four proposed revisions were: (1) higher
threshold levels for reporting gasoline and diesel fuel at retail gas
stations; (2) relief from routine reporting for substances with minimal
hazards and minimal risks; (3) relief from routine reporting for sand,
gravel and rock salt; and (4) "Other Regulatory Changes," such as:
reporting of mixtures; removing the Tier I and Tier II inventory forms
and instructions from the CFR, as well as some minor revisions to the
forms and instructions; and some minor changes to the emergency planning
and emergency release notification regulations (40 CFR part 355).

EPA finalized higher threshold levels for reporting gasoline and diesel
fuel at retail gas stations on February 11, 1999 (64 FR 7031). In
today's action, the Agency is finalizing only items in (4) above -
"*Other Regulatory Changes,"* as discussed in section IV.B of the
preamble to the 1998 proposed rule. The remaining two proposed revisions
\[(2) and (3) above\] and the draft guidance related to EPCRA sections
311 and 312 for States and local government agencies may be finalized at
a later date.

**II. What are the Regulatory Changes in This Rule?**

This section of the notice provides a brief summary of this final rule.
Specifically, the changes in this final action include: (1) finalizing
some of the proposed revisions on applying threshold quantity and the
reporting of mixtures under EPCRA sections 311 and 312; (2) removing the
Tier I and II inventory forms and instructions from the CFR, as well as
making some minor changes to the forms and instructions; and (3)
codifying certain existing policies and interpretations in 40 CFR parts
355 and 370. Today's action also: (1) re-writes the regulations in 40
CFR parts 355 and 370 in plain language, using a question and answer
format; (2) re-numbers and re-organizes each section in 40 CFR parts 355
and 370; and (3) adds tables in order to improve the clarity and
understanding of certain reporting requirements.

The proposed changes to determining whether the thresholds have been met
or exceeded and reporting of mixtures under EPCRA sections 311 and 312
received the most comments. Commenters generally supported the
regulatory changes discussed in the June 1998 preamble. Details on the
significant comments received on mixture reporting and certain other
aspects of the final rule are provided below. For a more complete
discussion of all comments received and the Agency's response, please
see the *Summary of Comments and Response* document that is in the
Docket to today's rule as specified in the beginning of this notice.

A.  **Reporting of Mixtures Under EPCRA Sections 311 and 312 (40 CFR
    Part 370)**

```{=html}
<!-- -->
```
1.  **Background of the proposed revisions for the reporting of
    mixtures**

Sections 311 and 312 of EPCRA apply to any facility that is required to
prepare or have available a Material Safety Data Sheet (MSDS) for any
hazardous chemical under the Occupational Safety and Health
Administration (OSHA) and its implementing regulations. EPCRA Sections
311(a)(3) and 312(a)(3) contain the statutory provisions for reporting
of mixtures containing hazardous chemicals. These provisions state that
for a mixture that is a hazardous chemical, a facility may meet the
reporting requirements of section 311 of EPCRA by submitting an MSDS for
the mixture or an MSDS for each hazardous chemical component in the
mixture. In lieu of submitting an MSDS for the mixture, a facility may
submit a list that contains the mixture or the hazardous chemical
components in the mixture. Section 311(a)(3) also states that if more
than one mixture at a facility contains the same hazardous chemical,
only one MSDS or one entry on the list of chemicals is necessary for
that hazardous chemical. Similarly, a facility may meet the reporting
requirements of section 312 by providing inventory information only for
the mixture or for each hazardous chemical component in the mixture. In
addition, section 312(a)(3) states that if more than one mixture at a
facility contains the same hazardous chemical, only one listing on the
inventory form is necessary for that hazardous chemical.

OSHA may require a facility owner or operator to prepare or have
available an MSDS for a pure chemical, a mixture and/or its hazardous
components. Therefore, owners and operators of facilities subject to
EPCRA sections 311 and 312 may have MSDSs for pure chemicals, mixtures,
and/or for individual hazardous chemical components in those mixtures.
For facilities that have only pure chemicals on site, determining if the
total amount of a hazardous chemical is at or above the reporting
threshold is straightforward. However, in many cases, facilities have
mixtures that contain hazardous chemical components**,** including both
extremely hazardous substances (EHSs) and non-EHSs. Before the effective
date of this final rule, 40 CFR part 370 specified how to determine if a
reporting threshold has been met or exceeded for mixtures that contain
EHSs. If the threshold is met, 40 CFR part 370 provided options to
report either the hazardous chemical components or the mixture itself.
40 CFR part 370 did not provide options for determining if the reporting
threshold has been met or exceeded for mixtures containing non-EHS
hazardous chemical components. In the proposed rule, the Agency proposed
to add requirements and/or options for determining if the reporting
threshold has been met or exceeded and for reporting mixtures that
contain non-EHS hazardous chemical components.

Although prior to the effective date of this final rule, the regulations
in 40 CFR part 370 did not include requirements and/or options for
determining if non-EHS hazardous chemical components in mixtures are at
or above the reporting threshold, the Agency provided guidance on this
issue in the preamble to the July 26, 1990 final rule. In that preamble,
EPA specified that, while aggregation of non-EHS hazardous chemical
components present in mixtures is not required for determining if the
reporting threshold is met, the facility may choose to aggregate if they
wish to report by hazardous chemical components rather than reporting as
mixtures.

**2. Summary of proposed revisions to the mixture reporting**

In the June 1998 proposed rule, the Agency proposed a number of
revisions to 40 CFR 370.28 for applying threshold quantities and
reporting of mixtures under EPCRA sections 311 and 312. Specifically,
the proposed revisions to §370.28 were:

\(1\) removing the phrase "the total quantity of the mixture" from
§370.28(b)(2);

\(2\) adding a provision to clarify that, when determining the total
quantity of an EHS present at a facility, the quantity of that substance
present in a mixture must be included even if the total quantity of that
particular mixture is also being counted toward the threshold level for
that mixture;

\(3\) adding a provision for applying the threshold quantity to a
hazardous chemical component in a mixture when that hazardous chemical
component is *not* an EHS; and

\(4\) adding a provision for applying the threshold quantity to a
non-EHS hazardous chemical when that chemical is present both by itself
and as a component in a mixture.

EPA requested comments on these proposed revisions, as well as on the
re-writing of the mixture reporting section in plain language, using a
question and answer format. EPA received a total of 38 comments from
industry, State and local governments, trade associations and
environmental groups. In general, commenters supported codifying
existing policies for mixture reporting. However, several commenters
opposed two of the proposed revisions. An overview of the comments
received on each of the proposed revisions and the final actions being
taken by the Agency are discussed below.

**3. Organizational changes to the mixture reporting in this final
action**

In addition to the four proposed revisions described above, EPA proposed
re-organizing and re-numbering part 370. Commenters provided general
support for re-organizing and re-numbering part 370. As stated in the
proposed rule, §370.28 is re-numbered as §370.14. A table is also
provided in §370.14(a) to clarify the requirements and/or provide
options to determine if reporting thresholds have been met or exceeded
for mixtures containing EHSs and non-EHS hazardous chemical components.
The table also shows how to report mixtures that contain EHSs and
non-EHS hazardous chemical components. The basic reporting option stated
in §370.28 (a) is now in the table in §370.14(a). This provision states
that the owner or operator of a facility may meet the MSDS and Tier I
information reporting requirements 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, provided that the mixture itself is a hazardous
chemical.

Section 370.28(a) also stated that, where practicable, the reporting of
mixtures by a facility be consistent for both inventory and MSDS
reporting. Although we proposed that the new section 370.14(d) would
restate this requirement, EPA has re-numbered this provision as
370.14(b) to provide further clarity and improve the flow of the
regulations.

**4. Final action on proposed revision (1): Removing the phrase "the
total quantity of the mixture" from §370.28(b)(2)**

In the process of re-organizing and re-numbering all the sections in 40
CFR part 370, some of the requirements were consolidated into one
section. As a result, the Agency proposed to remove the phrase "the
total quantity of the mixture" from §370.28(b)(2). This requirement
states that if the facility chooses to report the mixture, then the
total quantity of the mixture present at the facility shall be reported.
Since the table in new section 370.14(a) directs the reader to §§370.30
and 370.40, which already provides this information, EPA believed that
this phrase did not need to be repeated. EPA received five comments
opposing this revision. Specifically, the commenters argued that the
sections that are cross-referenced, §§370.30 and 370.40, do not
adequately address how mixtures should be reported and thus, recommended
that the phrase "the total quantity of the mixture" should be retained
for clarity. Based on these comments, EPA has decided to retain this
language in the final rule. As noted above, the language is now in the
table in §370.14(a).

**5. Final action on proposed revision (2): Clarifying how to determine
the total quantity of an EHS in mixtures**

Prior to this action, the regulation only stated that when determining
whether a reporting threshold for an EHS has been met or exceeded, the
owner or operator of a facility shall aggregate the quantity of the EHS
present as a component in all mixtures at the facility and all other
quantities of the EHS present at the facility. The Agency proposed to
amend the regulations 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 the total quantity of that particular
mixture is also being counted toward the threshold level for that
mixture. For example, a facility has 15,000 pounds of a hazardous
chemical mixture which contains 6,000 pounds of sulfuric acid, an EHS.
Although the facility may report this mixture on the Tier II form as a
mixture since it is above the reporting threshold of 10,000 pounds for a
hazardous chemical, the facility must include the amount of the sulfuric
acid in this mixture when determining the total quantity of the sulfuric
acid present throughout the facility.

Since publication of the July 1990 final rule, this has been EPA's
policy for determining if reporting thresholds have been met or exceeded
for mixtures that contain EHSs. Thus, the Agency was simply proposing to
include EPA's policy in the regulation. The Agency received seven
comments supporting this revision and four comments that argued against
the proposed revision. Some of the commenters who supported this
revision stated that this policy is consistent with the regulatory
language in §370.28 (c). These commenters also stated that EHSs should
be reported this way to make sure that emergency responders do not
unknowingly encounter a mixture containing an EHS component. The
commenters who argued against this change stated that this method may
"double count" the EHS and increase the reporting burden on large
facilities. These commenters also argued that an EHS component of a
mixture often does not exhibit the same hazardous properties as it does
in its pure form, especially when present in a mixture at low
concentrations.

EPA agrees with those commenters who supported the proposed revision. In
particular, we believe it is important for local government officials to
plan and prepare the community for emergencies involving EHSs, and it is
also important to protect emergency responders. While EPA understands
that this approach may increase the burden for some facilities, we
believe that any extra burden is appropriate and necessary to protect
emergency responders. EPA also agrees with commenters that a hazardous
component may not exhibit the same hazardous properties of the pure
chemical when present in a mixture at low concentrations. For this
reason, EPA established a de minimis limit (1% for hazardous chemicals
and 0.1% for carcinogens) below which the component in a mixture need
not be counted toward the threshold quantity (October 15, 1987, 52 FR
38344).

The requirement to aggregate EHSs present throughout the facility under
EPCRA sections 311 and 312 is consistent with the requirements under
emergency planning in EPCRA section 302. EPA anticipates that LEPCs will
request information about EHSs present at a facility in developing
emergency response plans. Therefore, EPA believes that routine reporting
of EHSs under sections 311 and 312 would facilitate the planning
process. For these reasons, EPA is clarifying in this action that when
determining the total quantity of an EHS present at a facility, the
quantity present in a mixture must be included even if the total
quantity of that particular mixture is also being counted toward the
threshold level for that mixture. The requirement for aggregating the
EHS is included in the table in §370.14(a).

Once a facility determines that the reporting threshold has been met for
an EHS, the facility has the option to report that EHS component in the
mixture or the mixture itself. This option is provided in the table in
§370.14(a) as it was previously stated in §370.28(c)(2). If the facility
chooses to report on the mixture itself, the facility must indicate that
this mixture contains an EHS and provide the name of that EHS.

**6. Final action on proposed revision (3): Adding a provision for
determining the quantity of a non-EHS hazardous chemical component in a
mixture**

The third revision that EPA proposed was the addition of a provision to
determine if the reporting threshold has been met or exceeded for
mixtures that contain non-EHS hazardous chemical components. Prior to
this action, the regulations only specified requirements for determining
if a reporting threshold has been met or exceeded for mixtures
containing EHSs and for reporting mixtures containing EHSs. However, in
the preamble of the July 26, 1990 final rule, the Agency provided
options for mixtures containing non-EHS hazardous chemical components.
In that preamble, the Agency stated that if a facility has mixtures that
contain a non-EHS hazardous chemical component, the facility may either
add up the quantity of that non-EHS hazardous chemical component present
throughout the facility or consider the total quantity of the mixture to
determine if the reporting threshold has been met or exceeded. For
example, a facility has two hazardous chemical mixtures, mixture A is
25,000 pounds and mixture B is 15,000 pounds. Mixture A contains 15,000
pounds of hazardous chemical X and 10,000 pounds of hazardous chemical
Y. Mixture B contains 10,000 pounds of hazardous chemical X and 5,000
pounds of hazardous chemical Y. The facility owner or operator has the
option of adding up the total quantity of each of the hazardous
components in both mixtures and report each of the components on the
Tier II form if the reporting threshold of 10,000 pounds has been met or
exceeded. In this example, the total amount of hazardous chemical X is
25,000 pounds and the total amount of hazardous chemical Y is 15,000
pounds, thus both would need to be reported. The facility owner or
operator also has the option to report the mixtures on the Tier II form
since both mixtures exceed the reporting threshold of 10,000 pounds. In
the June 1998 proposed rule, the Agency proposed to codify these
options.

In addition to providing these options, the Agency also proposed a
requirement for facilities that choose to report the non-EHS hazardous
chemical components of mixtures instead of reporting on the mixture
itself. The proposed rule stated that when determining if a reporting
threshold has been met or exceeded, these facilities must include the
quantity of a non-EHS hazardous chemical component present in a mixture
even if that particular mixture is also being counted toward the
threshold level for that mixture. In looking at the example above, in
addition to the two mixtures present at the facility, assume that the
facility has mixture C that contains 10,000 pounds of chemical X and
5,000 pounds of chemical Z. The facility decides to report this mixture
on the Tier II form rather than breaking it up into its hazardous
chemical components. The Agency proposed that if the facility chooses to
break up the components in mixtures A and B, then the facility must also
add the quantity of chemical X in mixture C to the quantities of
chemical X in mixtures A and B, even though the facility has decided to
report mixture C on the Tier II form.

EPA received comments from industry and State and local government
agencies regarding this approach. They generally agreed that options for
determining if reporting thresholds have been met or exceeded for
mixtures containing non-EHS hazardous chemical should be provided. These
commenters also stated that flexibility is important for those operating
sites that may only have MSDSs for mixtures. For these sites, reporting
on the total quantity of the mixture is preferable. One commenter
suggested that reporting individual non-EHS hazardous chemical
components should be required only if the facility has an MSDS for that
specific component.

The Agency agrees with the commenters that the options proposed for
determining if reporting thresholds have been met or exceeded for
non-EHS hazardous chemicals present in mixtures are consistent with
EPCRA sections 311(a)(3) and 312(a)(3). The statute provides the
facility owner or operator with the option to either report the mixture
itself or each hazardous chemical component in the mixture. As stated by
one of the commenters, and EPA agrees, flexibility is important to those
sites that may only have MSDSs for mixtures. In that case, it is
preferable for a facility to submit an MSDS for the mixture under
section 311 and report the mixture on the inventory form under section
312. Therefore, the Agency is finalizing as proposed by providing
options for determining if a reporting threshold has been met or
exceeded for mixtures that contain non-EHS hazardous chemicals. The
facility has the option to either add up all the amounts of each non-EHS
hazardous chemical component present throughout the facility or consider
the total quantity of the mixture to determine whether the total
quantity equals or exceeds the reporting threshold. These options were
proposed to be added to the table in 370.14(b) that is re-numbered as
370.14(a) in this final action.

Once it is determined that the reporting threshold is met or exceeded
for either the non-EHS hazardous chemical component or the mixture, the
facility may report the quantity of non-EHS hazardous chemical component
*or* the mixture itself. The table in §370.14(a) states these options.

EPA also understands the concern raised by some commenters that every
facility is different. That is, in some cases, the OSHA regulations may
require a facility to prepare or have available an MSDS for the mixture
and/or its hazardous chemical components. This is the reason that the
Agency proposed to add a provision in §370.28(a)(2) with respect to
consistency in MSDS (section 311) and inventory reporting (section 312)
This means that if the facility owner or operator decides to report a
mixture under section 311 by submitting an MSDS for the mixture, then
the facility owner or operator should also report that mixture under
section 312 and not report its hazardous chemical components, unless the
facility can show that it is not practicable to do so. As stated in the
preamble to the proposed rule, it is important for the MSDS information
to correspond with the inventory information to ensure consistency in
the qualitative and quantitative information received regarding the
hazards of chemicals stored on site. The requirement for consistency in
reporting, which was in §370.28(a)(2), is now in §370.14(b).

**7. Final action on proposed revision (4): Adding a provision for
determining the quantity of a non-EHS hazardous chemical when present in
pure form and in mixtures**

The fourth revision that EPA proposed was to specify requirements for
the owner or operator to determine if reporting thresholds have been met
or exceeded when a non-EHS hazardous chemical is present both by itself
and as a component in mixture(s). While EPA intended to address non-EHS
hazardous chemicals with this revision, the term "non-EHS" was
inadvertently left out of the regulatory language in §370.14(e).
However, the preamble language included the term "non-EHS" within the
discussion of this proposed revision. The proposed regulatory language
indicated that if a hazardous chemical (should have stated 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 of
that chemical and compare it to the reporting threshold. To determine
this quantity, the facility would have to add together all quantities of
the non-EHS hazardous chemical present at the facility, including the
quantity present in concentrations greater than 1% in all mixtures. For
example, a facility has a non-EHS hazardous chemical in pure form and in
mixtures throughout the facility. This proposed requirement states that
the facility owner or operator must add the quantity of that non-EHS
hazardous chemical in pure form to those quantities of that non-EHS
hazardous chemical in mixtures to determine if the reporting threshold
of 10,000 pounds is met or exceeded. The purpose of this proposed
revision was to establish a clear method for accurately calculating the
quantity of non-EHS chemicals present.

Four commenters supported this proposed revision and nine commenters
opposed it. The commenters that supported it stated that this method
would more accurately account for the total amount of a non-EHS
hazardous chemical in both its pure form and in mixtures present at a
facility. Most of the commenters who opposed this revision stated that
requiring facilities to aggregate the amounts of non-EHSs on site in
mixtures with non-EHS hazardous chemicals present in pure form will
impose a great burden on facilities, as well as State and local
government agencies that manage the submitted reports. The commenters
also argued that requiring aggregation of non-EHSs is unnecessary as
information on these chemicals is not required for emergency planning
purposes. Commenters also stated that the aggregation will not provide
meaningful hazard information to emergency responders. Most of the
commenters agreed with the Agency that aggregating and reporting EHSs
present throughout the facility is vital to emergency planning and is
important to emergency responders. However, these same commenters
opposed aggregating non-EHS hazardous chemicals present throughout the
facility.

After reviewing and considering all the comments received, the Agency
has decided not to adopt this proposed revision. EPA agrees with those
commenters that stated that this approach imposes a burden on most
facilities and does not improve local emergency planning efforts, as
EPCRA sections 302 and 303 do not require the incorporation of non-EHSs
into the comprehensive emergency response plan. As mentioned earlier in
this section, EPA has determined that data on EHSs have greater
emergency planning and right-to-know value to communities than do data
on non-EHSs. Thus, as mentioned above, EPA is not requiring facilities
to aggregate non-EHS hazardous chemical components in mixtures and in
pure form to determine if the threshold level is met.

B.  **Tier I and Tier II Inventory Forms and Instructions**

> **1. Removal of Forms and Instructions from the Code of Federal
> Regulations**

The Agency proposed to remove the Tier I and Tier II inventory forms and
instructions from the Code of Federal Regulations (CFR). In the preamble
to the proposed rule, the Agency stated that removing the forms (and
instructions) from the CFR would make it easier for the Agency to make
minor changes to them. Under the Paperwork Reduction Act (PRA), the
Agency must submit any forms used to collect information from the
regulated community to the Office of Management and Budget (OMB) for
review and approval. The Agency must develop a supporting statement
explaining the reasons, the method, and the burden hours and costs
imposed on the regulated community for the collection of the
information. Once approved, these forms receive an OMB control number
and expiration date, usually three years from approval. To continue
using these forms, the Agency must submit them along with the supporting
statement to be reviewed and renewed by OMB by the expiration date.
Therefore, if the forms remain in the CFR, the Agency would need to
reprint them every three years just to reflect the new OMB information
collection date, even if no other changes were made to the form.

Sixteen commenters, mainly consisting of State and local government
agencies, supported the removal of the forms and instructions.
Commenters from industry also supported removal of the forms from the
CFR and making them available on EPA's website. Five commenters,
however, opposed the removal of the forms and the instructions.

Commenters who supported the change did so because they believe that
once the forms and instructions are removed, EPA can make minor changes
to them with minimal expense. Some commenters stated that most States
have developed their own forms with additional specific requirements;
therefore, States would make their forms available to the regulated
community. Other supporters also suggested that any major changes to the
forms should still be made in a rulemaking process and not just through
the public comment period during the renewal and approval process for
the information collection requirements under the Paperwork Reduction
Act (PRA). Commenters that opposed the removal of the forms and
instructions were concerned that EPA would change them without going
through a public notice and comment (e.g. via rulemaking) process. Some
of the commenters also suggested that the Agency should require the use
of only the Federal Tier I and Tier II forms, instead of allowing
separate forms for each State, since the Federal forms promote
uniformity of reporting.

For the reasons described in the proposal, EPA has decided to remove the
forms and instructions from the CFR, as proposed. However, revised
§§370.41 and 370.42 will contain a narrative description of the Tier I
and Tier II informational requirements. The Tier I and Tier II forms and
instructions will be available on the Agency's website at
[www.epa.gov/oem](http://www.epa.gov/oem)**.** If the Agency makes
significant changes to the forms in the future, we would go through the
rulemaking process and solicit public comment before such changes were
made to the form.

We would also note that while EPA agrees with the commenters that
reporting should generally be uniform, EPA also believes that each State
should have the flexibility to collect the hazardous chemical inventory
information it needs to develop emergency plans for its communities.
States can implement EPCRA according to their needs and may promulgate
requirements that are more stringent than the Federal requirements.
States also can add more chemicals, set lower reporting thresholds and
require facilities to report using a State form, including the
electronic submission of information. At present, most States have their
own reporting formats or have requirements that are more stringent than
the Federal Regulations. Thus, facilities are encouraged to contact
their States to determine whether any additional requirements or formats
are required by their States.

**2. Revisions to the Forms and Instructions**

In addition to proposing to remove the forms and instructions from the
CFR, EPA also proposed several changes to the forms and one change to
the instructions. However, before discussing these, and as way of
background, EPA stated in the preamble to the proposed rule that the
Agency was undertaking an agency-wide initiative to streamline and
consolidate the Agency's collection and maintenance of environmental
data, which was 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, the Facility Identification Initiative, would establish 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 using this number.

Thus, EPA proposed and sought public comment on whether to require
facilities to report their Facility Identification Number on their Tier
I (or Tier II) form, when reporting under EPCRA section 312, if such a
number has been assigned under another State or Federal environmental
program. EPA received a total of thirty-five comments on this issue.
Twenty-five commenters supported and ten commenters opposed this
revision. Commenters that supported this change stated that the
inclusion of the Facility Identification Number will facilitate
information sharing between localities and EPA. These commenters also
stated that it would be helpful to integrate environmental reporting
across program areas. However, those commenters that did not support the
change argued that many of the facilities that comply with the Tier II
reporting requirement would not have a number because they may not have
to comply with other environmental programs. Other commenters suggested
that this data element should be optional.

Based on our evaluation of the comments, we have decided not to require
the Facility Identification Number be reported on these forms. The
Agency agrees with the commenters that some facilities may not have a
number assigned to them. Also, EPA is aware that many States assign a
number to their facilities, which is also labeled as "Facility
Identification Number." EPA believes that facilities could become
confused with two numbers assigned by EPA and the State. Therefore, this
data element will not be included on the Tier I and Tier II forms at
this time.

The second change that was proposed to the Tier I and Tier II forms was
to require facilities to report the North American Industry
Classification System (NAICS) code for their facility on their forms
instead of the Standard Industrial Classification (SIC) code. The SIC
codes were replaced by the NAICS codes in 1997. When the proposed rule
was published in June 1998, facilities were just becoming familiar with
the new codes and the Agency received many adverse comments on this
proposed change. Commenters stated that it was premature to require this
change since the industry is not very familiar with the new codes.
However, other commenters supported the change to the NAICS code, but
suggested that the Agency should allow facilities to report both codes
until the codes are universally accepted**.**

Since the rule was first proposed in 1998, the Agency believes that
facilities should now be familiar with the NAICS codes since they may
have been using them to comply with other EPA programs. Therefore, as
proposed, EPA is requiring that facilities use the NAICS code for their
facility on their Tier I and Tier II forms. The Agency will revise these
forms to reflect this change.

Finally, as mentioned in the preamble to the proposed rule, EPA is
revising the informational requirements to the Tier II form in §370.42
to require facilities to report "chemical name or the common name of the
chemical as provided on the *Material Safety Data Sheet.*" Commenters
indicated general support for this revision. Therefore, in this final
action, the Tier II Informational Requirements in §370.42 codifies this
statutory requirement.

**C. Penalties for Noncompliance**

The penalties for noncompliance with the emergency release notification
and hazardous chemical reporting requirements were stated in §§355.50
and 370.5, respectively. The Tier I and Tier II form instructions
contained in §§370.40 and 370.41 also included a description of
potential penalties for noncompliance with the hazardous chemical
reporting requirements. In order to streamline the regulations, EPA
proposed removing these provisions from the CFR, since the penalties are
already established in the statute. Commenters supported this change.
Thus, the final rule will not contain this language.

It should also be noted that EPA believes it is appropriate to remove
the penalty information from this regulation because penalties are
periodically adjusted and published in the Federal Register in a
separate action. Under the Debt Collection Improvement Act (DCIA) of
1996, EPA makes adjustments to the Civil Monetary Penalties at least
once every four years to account for inflation. Therefore any penalty
information printed in an EPA regulation would become obsolete once the
next four year cycle begins. The Agency would need to update every rule
that contains penalty information; instead, it publishes current penalty
information for all regulations in the Civil Penalty Inflation
Adjustment Rule. The most recent publication of the Civil Penalty
Inflation Adjustment Rule was published in the Federal Register on
February 13, 2004 (69 FR 7126).

**D. Additional Changes to 40 CFR Parts 355 and 370 Regulations**

EPA proposed some minor changes to the regulations in 40 CFR parts 355
and 370 to make the rules clearer and easier to use. Some of the
proposed changes included codifying policy statements that EPA has
provided to the regulated community, clarifying some requirements, and
restating the statutory requirements. Commenters generally supported
these changes and thus, the regulations have been amended to reflect
these changes. As it was stated earlier in this action, EPA has
re-numbered the sections in both 40 CFR parts 355 and 370. Thus, the
discussion below reflects the re-numbered sections where the changes can
be found.

-   **SERC and LEPC --** The Agency proposed replacing the phrase "State
    Emergency Response Commission" with SERC and the phrase "Local
    Emergency Planning Committee" with LEPC in 40 CFR parts 355 and 370,
    since these terms are now commonly used by the regulated community
    and the public. Commenters supported this change and EPA is adopting
    it in this final action. These terms are added to the definition
    sections in 40 CFR parts 355 and 370. The definitions of these terms
    can be found in §§355.61 and 370.66.

-   **Quantity of an extremely hazardous substance in a mixture --** The
    instructions for calculating the quantity of an EHS present in a
    mixture for emergency planning in §355.30(e)(1), are now in §355.13.
    The terms "mixture" and "solution" are both used in these
    instructions. EPA proposed to remove the term "solution" since the
    definition of the term "mixture" includes "solution." Most
    commenters supported this change.

> EPA has also replaced the term "mass" with the term "weight," which is
> more familiar to the public. For purposes of these regulations, these
> two terms are synonymous. EPA also received comments supporting this
> revision.
>
> Both of these proposed changes are finalized in today's action. In
> addition**,** section 355.13 now includes an example calculation to
> improve understanding of these instructions.

-   **Extremely Hazardous Substances in solid form --** The instructions
    to determine which threshold planning quantity (TPQ) to use for an
    EHS in solid form in §355.30(e)(2)(i) are now in §355.15. EPA
    proposed to replace the phrases "exists in" and "is handled in" with
    "is in" in these instructions, since this phrase is simpler and
    easier to understand. EPA received comments supporting this change
    and is finalizing it in today's action.

-   **Facility Emergency Coordinator --** The regulations for emergency
    planning first promulgated on April 22, 1987 (52 FR 13395) set forth
    requirements in §355.30(c) that require the owner or operator of a
    facility to notify the LEPC (or the Governor if there is no LEPC) of
    the name of the facility emergency coordinator or the facility
    representative. In the 1998 proposed rule, EPA proposed that the
    SERC be notified if there is no LEPC, or the Governor if there is no
    SERC. The Agency proposed this change because most States now have
    functioning SERCs than when the regulations were first promulgated
    in April 1987. EPA received comments supporting this revision. In
    re-organizing and re-numbering part 355, this requirement is now
    finalized in §355.20.

> The regulations in §355.30(c) also require that the name of the
> facility emergency coordinator be provided on or before September 17,
> 1987 or 30 days after an LEPC is established, whichever is earlier.
> This notification deadline corresponds to the statutory deadline found
> in EPCRA section 303(d)(1). Neither the statute nor the current
> regulations establish a deadline for providing this information if a
> facility 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), after September 17, 1987 or if
> a new LEPC is established. EPCRA section 302(c) does, however, require
> that, within 60 days after becoming subject to the emergency planning
> requirements, a facility must provide notice that it is subject to
> these requirements. EPA believes that the name 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, the Agency
> proposed this change and new §355.20 now requires that the name of the
> facility emergency coordinator be provided by September 17, 1987, or
> within 30 days of the establishment of an LEPC (in accordance with the
> statutory deadline 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
> action, the deadline for notification of the name of the facility
> emergency coordinator is now consistent with the deadline for a
> facility to provide notice that it is subject to the emergency
> planning requirements (see revised §355.20). Section 355.20 presents a
> summary in table format of the information that is required under
> EPCRA's emergency planning requirements, including the types of
> information reported, required recipients of information, and
> deadlines for reporting. All commenters supported this revision.

-   **Emergency Planning Notification**

> Section 355.30 requires that a facility notify the SERC that it is
> subject to the emergency planning requirements under EPCRA section
> 302. EPA proposed that the LEPC also be notified. This would be
> consistent with section 302(c) of EPCRA, which requires that an owner
> or operator notify the SERC *and* LEPC when his facility becomes
> subject to the emergency planning requirements. This revised
> notification requirement is now in §355.20.
>
> In order for the regulations to be consistent with the statutory
> requirements in EPCRA section 303(d)(1), the Agency proposed to add
> "within 30 days after establishment of an LEPC" in §355.20. Prior to
> the revisions finalized in this rulemaking, §355.30(b) only stated
> that the notification be provided on or before May 17, 1987 or within
> 60 days after a facility first becomes subject to the requirements.
> Commenters supported these revisions, although we decided to re-phrase
> it as "within 30 days after an LEPC is established." The table in
> §355.20 now includes this phrase for emergency planning notification
> and facility emergency coordinator.

-   **Changes relevant to emergency planning**

> Prior to the revisions finalized in this rulemaking, §355.30(d) stated
> that facility owners or operators were required to inform the LEPC of
> any changes occurring at the facility which may be relevant to
> emergency planning. In re-designating all the sections in this part,
> EPA proposed that this requirement be in §355.20 and to include the
> term "promptly" in order to be consistent with EPCRA section
> 303(d)(2). Commenters supported this revision, but suggested that the
> Agency provide a specific time period, such as 10, 20 or 30 days,
> rather than using a vague term. EPA agrees with the commenters, but
> also notes that the changes that may occur at a facility could be
> important for developing and maintaining emergency plans. Therefore,
> EPA is requiring that information about changes at a facility relevant
> to emergency planning must be submitted within 30 days of such
> changes. Changes relevant to emergency planning may include, but not
> limited to, notifying that facility is no longer in operation, new
> EHSs are present at the facility, EHSs are moved to a different
> location at the facility, EHSs are no longer present at the facility,
> etc.

-   **Format for emergency planning and release notifications**

> Since the promulgation of the final rule on April 22, 1987 (52 FR
> 13379), EPA's policy has been that emergency planning notification
> under EPCRA section 302 should be provided in writing. However, the
> regulations do not specify how emergency planning notification shall
> be provided. In this action, EPA has added a new section 355.21, to
> codify our existing policy to recommend that facilities provide
> emergency planning notification in writing.
>
> EPA has also proposed to add section 355.41 to the emergency release
> notification under the EPCRA section 304 requirements which clarifies
> that the initial notification should be oral and the follow-up
> notification should be in writing. EPA does not specify a particular
> format, but does note that an LEPC may request a specific format for
> submission of this information. Commenters supported both of these
> revisions.

-   **24-hour time period for release notification**

> The emergency release notification requirements in §355.40 do not
> indicate the time period in which 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). EPA's interpretation has been that the 24-hour time
> period under CERCLA also applies to EPCRA. This time period was
> proposed and is now added to the regulations in §355.33, which states
> that the "release of a reportable quantity \* \* \* within any 24-hour
> period" triggers the emergency release notification requirements.
> Commenters supported this revision.

-   **Releases during transportation**

> The emergency release notification requirements that apply to the
> release of a substance during transportation (or storage incident to
> transportation) in §355.40(b)(4)(ii) are now in §355.42(b). EPA
> proposed to remove the term "transportation-related release" and its
> definition from this section since this term may add confusion to the
> requirements. EPA also proposed to revise this requirement to be
> consistent with the language in the statute in section 304(b)(1). The
> statute states: "........with respect to transportation of a substance
> subject to the requirements of this section, or storage incident to
> such transportation, the notice.....calling the operator." EPA
> believes that the requirement is easier to understand if the term
> "transportation-related release" is removed from the regulations and
> replaced with the words "release during transportation and storage
> incident to transportation." Commenters supported this revision.

-   **Releases that are continuous**

> Under the definitions in 40 CFR 302.8(b), a release that is continuous
> and stable in quantity and rate qualifies for reduced reporting
> requirements under EPCRA. The requirements for reporting continuous
> releases in §355.40(a)(2)(iii) are now in §355.32. Continuous releases
> are subject to four notification requirements. As stated in the
> proposed rule, these notification requirements have been reorganized
> in today's action in order to clarify that the community emergency
> coordinator of the LEPC and the SERC of any State that is likely to be
> affected by the release must be notified in each of the four release
> notifications (in addition to the notifications required under 40 CFR
> 302.8). Commenters supported this revision.

-   **State or local format for reporting inventory information**

> One of the main goals of the June 1998 proposed rule was to provide
> flexibility for SERCs and LEPCs with respect to the manner in which
> information is reported under EPCRA sections 311 and 312. Sections
> 370.40 and 370.41 proposed flexibility in that State or local forms
> could be used for reporting inventory information, as long as the
> content is identical to the uniform Federal forms (Tier I or Tier II
> forms). EPA is revising these provisions so that the use of a State or
> local format is allowed, as proposed. The provisions allow the
> submittal of inventory information in a variety of ways, including
> electronic, as long as all the information required under the statute
> and its implementing regulations is provided. These revisions are set
> forth in §370.40. Commenters supported this revision.
>
> EPA also proposed that, when using State or local formats for
> reporting inventory information, the use of State or local codes for
> weight ranges are allowed, provided that the weight ranges are no
> broader than those provided in §370.43. EPA also proposed that State
> or local codes for storage types and conditions can be used provided
> that the codes specify the same or more detailed information as that
> specified in §370.43. As proposed, the Agency has added paragraph (d)
> to §370.43, allowing this flexibility. Commenters supported this
> revision.

-   **SERC or LEPC response to a request for Tier II information within
    45 days**

> In order to be consistent with the language in EPCRA section
> 312(e)(3)(D), EPA had proposed to add, "A SERC or LEPC must respond to
> a request for Tier II information\* \* \* within 45 days of receiving
> such a request." Section 370.61(b) in today's action adds this new
> requirement. Commenters supported this revision.

**E. Definitions**

> EPA proposed to combine all definitions found in both 40 CFR parts 355
> and 370 into one section at the end of 40 CFR part 355 in order to
> improve the readability of the rule. By placing the consolidated
> definitions section at the end of 40 CFR part 355, the reader would
> not have to read through all of the definitions before seeing how they
> are used in the text. EPA sought comments on whether these changes
> improve the readability of the rule. Many of the commenters suggested
> that both 40 CFR parts 355 and 370 should have a definition section.
> Therefore, EPA will include a definition section at the end of each
> part in §355.61 and §370.66 under the heading *"How are key words in
> this part defined?"*
>
> EPA also proposed some minor revisions to some of the terms found in
> the definition section for 40 CFR parts 355 and 370. The Agency is
> finalizing all of the changes, as proposed.

-   ***Act.*** The term "Act," used to define "the Superfund Amendments
    and Reauthorization Act of 1986" in 40 CFR part 355, has been
    removed from the definition section. Each of the laws, the Emergency
    Planning and Community Right-to-Know Act (EPCRA) and the
    Comprehensive Environmental Response, Compensation and Liability Act
    (CERCLA) are used in today's action by the name of the Act.
    Therefore, EPA decided to remove the term "Act." Commenters
    supported this revision.

-   ***SERC or LEPC.*** The terms "commission" and "committee" have been
    replaced with "SERC" and "LEPC." Commenters supported this revision.

-   ***EPCRA and OSHA.*** The definitions of these acronyms are added to
    the definition sections as proposed. Commenters supported this
    revision.

-   ***Facility.*** The final rule, published on July 26, 1990 (55 FR
    30634), revised the definition of facility for both 40 CFR parts 355
    and 370 to clarify that the definition includes subsurface
    structures that are man-made or natural structures into which
    hazardous chemicals are purposefully placed or removed through human
    means, such that the structures function as a containment structure.
    The purpose of this revision was to clarify that the term
    "structures" in the definition of "facility" is not limited to
    surface structures, but also includes subsurface structures.
    However, the Agency inadvertently omitted the phrase "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 40 CFR part 355. EPA intended both 40
    CFR parts 355 and 370 to have the same definition. This discrepancy
    is being corrected in this final rule.

> EPA received a total of five comments; two commenters supported this
> change and one provided a comment that was outside the scope of the
> proposed rule. Two other commenters requested that EPA re-confirm the
> policy that the Agency issued in a letter dated October 25, 1990 to
> the American Petroleum Institute (API).
>
> In that letter, EPA clarified that oil and gas deposits with
> indefinite boundaries are not structures within the definition of
> facility and therefore not considered part of the "facility." However,
> natural structures that function as containment structures, such as a
> cave or a salt dome which have more definite boundaries are considered
> structures within the definition of "facility." EPA concluded that,
> for emergency planning, emergency release notification, and hazardous
> chemical reporting, the definition of "facility" does not include oil
> or gas deposits and thus, is re-confirming this policy today.

-   ***Hazardous Substances.*** The terms ***"***CERCLA hazardous
    substances" and "extremely hazardous substances" were proposed to be
    placed together in the definition section under the term "hazardous
    substances" in order to eliminate the confusion between them. EPA
    received two comments that supported this minor change. However, one
    commenter suggested that "CERCLA hazardous substances" and
    "extremely hazardous substances" should be separate items in the
    definition in order to make it easier to locate these terms. EPA
    decided to keep both terms as separate entries in the definition
    section of 40 CFR part 355.

-   ***Hazardous Chemical.*** Two organizational changes were proposed
    to improve the clarity of this definition. The first was to
    re-format the list of the exceptions to the term. The second was to
    move the phrase "*present in the same form and concentration as a
    product packaged for distribution and use by the general public"* to
    the exceptions to the definition of the term "*hazardous chemical."*
    Prior to the revisions in this rulemaking, this phrase was defined
    separately in the definition section. The Agency believes that
    including this phrase in the list of exceptions to the term
    "hazardous chemical" will assist the reader to better understand its
    meaning. EPA received one comment that supported this revision. One
    commenter, however, argued that this exemption should not be allowed
    since many products sold to the general public are extremely
    dangerous. While EPA agrees that some products sold to the general
    public may pose a danger, the statute provides exemptions from the
    term "hazardous chemical" and EPA is only restating this statutory
    exemption in the definition section. Thus, this change is being
    finalized today*.*

-   ***Inventory form.*** The Tier I and Tier II forms have been removed
    from the regulations in 40 CFR part 370 as discussed previously in
    the preamble. However, this term is kept in the definition section
    in 40 CFR part 370 and is revised to indicate that the information
    requirements for these forms can be found in §§370.40 through
    370.45. EPA received two comments that supported this revision.

-   ***Medium or media.*** This term is added to the definition section
    in 40 CFR part 355.

-   ***Mixture.*** The term "mixture" is used in both 40 CFR parts 355
    and 370. However, the definition of this term only appeared in 40
    CFR part 355. Thus, EPA is including this term in the definition
    section of both §§355.61 and 370.66. EPA also is clarifying that the
    definition of "mixture" in 40 CFR part 370 is the same as used in 29
    CFR 1910.1200(c), since the applicability of 40 CFR part 370 is
    based on OSHA's hazard communication standard (29 CFR 1910.1200).
    EPA received one comment that supported this revision. In addition,
    the prior definition to the term "mixture" included "compounds." In
    a compound, the various constituents do not retain their individual
    identities, so a "compound" should not be treated as a mixture.
    Therefore, as stated in the preamble to the proposed rule, EPA has
    decided to remove the term "compound" from the definition of a
    mixture.

-   ***Reportable Quantity.*** Prior to the revisions in this
    rulemaking, the definition of the term "reportable quantity" stated
    that "for any CERCLA hazardous substance, its reportable quantity is
    established in Table 302.4 of 40 CFR part 302, for such substance.
    For any other substance, the reportable quantity is one pound." EPA
    proposed and is revising this definition to add the phrase "for any
    extremely hazardous substance, its reportable quantity means the
    reportable quantity established in appendices A and B of this part."
    EPA also proposed and is adding the phrase, "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." Commenters supported this
    revision.

-   ***Threshold Planning Quantity.*** The term "threshold planning
    quantity" only appeared in the definition section in 40 CFR
    part 355. Since this term is also used in 40 CFR part 370, this term
    will also be included in the definition section in 40 CFR part 370.
    EPA received one comment that supported this revision.

-   ***Tribe.*** As proposed, the term "Tribe" is placed with the
    definition of Indian Tribe. These terms will appear in the
    definition section in both 40 CFR parts 355 and 370. EPA received
    one comment that supported this revision.

**III. Statutory and Executive Order Reviews**

**A. Executive Order 12866: Regulatory Planning and Review**

Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), this
action is a \"significant regulatory action." Accordingly, EPA submitted
this action to the Office of Management Budget (OMB) for review under EO
12866 and any changes made in response to OMB recommendations have been
documented in the docket for this action.

This final action only includes minor revisions to 40 CFR parts 355 and
370, codifies statutory requirements, and clarifies certain
interpretations and policy statements that EPA has provided to the
regulated community. In addition, this final action is re-written in a
plain language format, including adding tables and examples, to assist
the regulated community better understand the requirements.

**B. Paperwork Reduction Act**

OMB has previously approved the information collection requirements
contained in the existing regulations at 40 CFR parts 355 and 370 under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
[et]{.underline} [seq]{.underline}. and has assigned OMB control numbers
2050-0092 and 2050-0072, EPA ICR numbers 1395.06 and 1352.10,
respectively.

This action does not impose any new information collection burden. This
final action only includes minor revisions to 40 CFR parts 355 and 370,
codifies statutory requirements, and clarifies certain interpretations
and policy statements that EPA has provided to the regulated community.
This final action also is re-written in a plain language format to
assist the regulated community better understand the requirements.

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.

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
in 40 CFR are listed in 40 CFR part 9.

C.  **Regulatory Flexibility Act**

    The Regulatory Flexibility Act (RFA) generally requires an agency to
    prepare a regulatory flexibility analysis of any rule subject to
    notice and comment rulemaking requirements under the Administrative
    Procedures Act or any other statute unless the agency certifies that
    the rule will not have a significant economic impact on a
    substantial number of small entities. Small entities include small
    businesses, small organizations, and small governmental
    jurisdictions.

    The RFA provides default definitions for each type of small entity.
    Small entities are defined as: (1) a small business as defined by
    the Small Business Administration's (SBA) regulations at 13 CFR
    121.201; (2) a small governmental jurisdiction that is a government
    of a city, county, town, school district or special district with a
    population of less than 50,000; and (3) a small organization that is
    any \"not-for-profit enterprise which is independently owned and
    operated and is not dominant in its field.\" However, the RFA also
    authorizes an agency to use alternative definitions for each
    category of small entity, "which are appropriate to the activities
    of the agency" after proposing the alternative definition(s) in the
    *Federal Register* and taking comment. 5 USC 601(3) - (5). In
    addition, to establish an alternative small business definition,
    agencies must consult with SBA's Chief Counsel for Advocacy.

    After considering the economic impacts of today's final rule on
    small entities, I certify that this action will not have a
    significant economic impact on a substantial number of small
    entities. In determining whether a rule has a significant economic
    impact on a substantial number of small entities, the impact of
    concern is any significant [adverse]{.underline} economic impact on
    small entities, since the primary purpose of the regulatory
    flexibility analyses is to identify and address regulatory
    alternatives**,** "which minimize any significant economic impact of
    the rule on small entities." 5 USC 603 and 604. Thus, an agency may
    certify that a rule will not have a significant economic impact on a
    substantial number of small entities if the rule relieves regulatory
    burden, or otherwise has a positive economic effect on all of the
    small entities subject to the rule.

    This final action only includes minor revisions to 40 CFR parts 355
    and 370, codifies statutory requirements, and clarifies certain
    interpretations and policy statements that EPA has provided to the
    regulated community. This final action also re-writes the
    regulations in a plain language format to assist the regulated
    community to better understand the requirements. We have therefore
    concluded that today\'s final action will relieve regulatory burden
    for all affected small entities.

    **D. Unfunded Mandates Reform Act**

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.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,
sections 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.\
\
Today\'s rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This final action only includes minor
revisions to 40 CFR parts 355 and 370, codifies statutory requirements,
and clarifies certain interpretations and policy statements that EPA has
provided to the regulated community. This final action also is
re-written in a plain language format to assist the regulated community
better understand the requirements. Most of the revisions included in
this final action, including the plain language rewrite, are intended to
help the States, Tribal governments and local government agencies better
explain the requirements and implement the program under EPCRA. Thus,
this rule does not impose any requirements on State, local or tribal
governments.\
\
**E. Executive Order 13132 (Federalism)**

Executive Order 13132, entitled "Federalism" (64 FR 43255, August 10,
1999), requires EPA to develop an accountable process to ensure
"meaningful and timely input by State and local government officials in
the development of regulatory policies that have federalism
implications." "Policies that have federalism implications" is defined
in the Executive Order to include regulations that have "substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government."

This final rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This final action only includes
minor revisions to 40 CFR parts 355 and 370, codifies statutory
requirements, and clarifies certain interpretations and policy
statements that EPA has provided to the regulated community. This final
action also is re-written in a plain language format to assist the
regulated community better understand the requirements. Most of the
revisions included in this final action, including the plain language
rewrite, are intended to help the States, Tribal governments and local
agencies. These entities will be able to better explain the requirements
and implement the program under EPCRA. This rule does not impose any
requirements on State, local or tribal governments. Thus, Executive
Order 13132 does not apply to this rule.

F.  **Executive Order 13175 (Consultation and Coordination with Indian
    Tribal**

> **Governments)**

Executive Order 13175, entitled "Consultation and Coordination with
Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure "meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications." This final rule does not have tribal implications,
as specified in Executive Order 13175. This final action only includes
minor revisions to 40 CFR parts 355 and 370, codifies statutory
requirements, and clarifies certain interpretations and policy
statements that EPA has provided to the regulated community. This final
action also is re-written in a plain language format to assist the
regulated community better understand the requirements. Most of the
revisions included in this final action, including the plain language
rewrite are intended to help Tribal governments, so these entities can
better explain the requirements and implement the program under EPCRA.
This rule does not impose any requirements on State, local or tribal
governments. Thus, Executive Order 13175 does not apply to this rule.

**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: (1) is determined to be \"economically
significant\" as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have 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 final rule is not subject to the Executive Order because it is not
economically significant as defined in Executive Order 12866. This final
action only includes minor revisions to 40 CFR parts 355 and 370,
codifies statutory requirements, and clarifies certain interpretations
and policy statements that EPA has provided to the regulated community.
This final action also is re-written in a plain language format to
assist the regulated community better understand the requirements.

**H**. **Executive Order 13211 (Energy Effects)**

This rule is not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.

**I**. **National Technology Transfer and Advancement Act**

As noted in the proposed rule, Section 12(d) of the National Technology
Transfer and Advancement Act of 1995 ("NTTAA"), Public Law No. 104-113,
12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards in its regulatory activities unless doing so would be
inconsistent with applicable law or would otherwise be impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations of when the Agency decides not to use available and
applicable voluntary consensus standards. This action does not involve
technical standards. Therefore, EPA did not consider the use of any
voluntary consensus standards.

**J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations**

Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.

EPA has determined that this final rule does not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This final
action only includes minor revisions to 40 CFR parts 355 and 370,
codifies statutory requirements, and clarifies certain interpretations
and policy statements that EPA has provided to the regulated community.
This final action also is re-written in a plain language format to
assist the regulated community better understand the requirements. In
addition, this final action does not affect public access to any of the
information provided under the Emergency Planning Notification,
Emergency Release Notification and Hazardous Chemical Reporting
regulations.

**K**. **Congressional Review Act**

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to the publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a "major rule" as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 355 and 370

Environmental protection, Chemicals, Hazardous substances, Penalties,
Reporting and recordkeeping requirements, Superfund.

Dated:

Stephen L. Johnson,

Administrator

For the reasons set out in the preamble, title 40, chapter 1 of the Code
of Federal Regulations is amended as follows:

1\. Part 355 is revised to read 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 an extremely hazardous
> substance present in mixtures?
>
> 355.14 Do I have to aggregate extremely hazardous substances to
> determine the total quantity present?
>
> 355.15 Which threshold planning quantity do I use for an extremely
> hazardous substance 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 In what format should the information be submitted?

**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 What release 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 In what format should the information be submitted?

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**

**§ 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.

**§ 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.

**§ 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 §355.61. It is
important to read the definitions for these key words because the
definition explains the word\'s specific meaning associated with the
regulations in this part.

**Subpart B\--Emergency Planning**

**Who Must Comply**

**§ 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).
>
> \(2\) 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.

**§ 355.11 To what substances do the emergency planning requirements of
this subpart apply?**

The emergency planning requirements of this subpart apply to any EHS
listed in Appendices A and B of this part. Additionally, if a facility
is designated for emergency planning purposes, as provided in
§355.10(b), substances that are not EHSs at this facility may become
subject to the emergency planning requirements.

**§ 355.12 What quantities of EHSs trigger emergency planning
requirements?**

Any EHS present at your facility in an amount equal to or greater than
its TPQ triggers the emergency planning requirements of this subpart.
The TPQs are listed in Appendices A and B of this part in the column
labeled "threshold planning quantity.\'\'

**§ 355.13 How do I calculate the quantity of an EHS present in
mixtures?**

If an EHS is present in a mixture in a particular container, determine
the quantity (in pounds) of the EHS in that container by multiplying the
concentration of the EHS (in weight percent) by the weight (in pounds)
of the mixture in the container. If the concentration of an EHS is less
than or equal to one percent in the mixture, you do not have to count
that EHS. Here is an example calculation:

**Example:**

You have 150 pounds of a mixture that contains 20 weight percent of a
certain EHS. The quantity of EHS present in the mixture is:

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

**§ 355.14 Do I have to aggregate EHSs to determine the total quantity
present?**

You must aggregate (i.e., add together) the amounts of each EHS at your
facility to determine if a TPQ is present. This means that, for a
particular EHS, you must determine the total amount present at any one
time at your facility by adding together the quantity of pure EHS and
the quantity contained in all mixtures, regardless of location, number
of containers, or method of storage. You do not have to count an EHS in
a mixture if the concentration of that EHS is less than or equal to one
percent.

**§ 355.15 Which threshold planning quantity do I use for an EHS present
at my facility in solid form?**

EHSs 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. Here is how to determine
which of the two listed TPQs you must use for an EHS present at your
facility in solid form:

\(a\) Use the lower TPQ from Appendices A and B of this part if the
solid:

> \(1\) is in powdered form and has a particle size less than 100
> microns;
>
> \(2\) is in solution;
>
> \(3\) is in molten form; or
>
> \(4\) 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 §355.16 to calculate the
quantity present for the categories of solids listed in paragraphs
(a)(1), (2) and (3) of this section.*

\(b\) If the solid does not meet one of the criteria in paragraph (a) of
this section, then the TPQ is 10,000 pounds.

**§ 355.16 How do I determine the quantity of EHSs present for certain
forms of solids?**

For the three forms of solids that are listed in §355.15(a)(1) through
(3), 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
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:**

**§ 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?**

Use this table to determine the information you must provide, who to
provide it to, and when:

+----------------+----------------+-------------+---------------------+
| **What types   | **What         | **To whom   | **When must I       |
| of emergency   | information    | must I      | provide the         |
| planning       | must I         | provide the | information?**      |
| notification   | provide?**     | inf         |                     |
| are            |                | ormation?** |                     |
| required?**    |                |             |                     |
+================+================+=============+=====================+
| \(a\)          | You must       | To the SERC | By May 17, 1987, or |
| Emergency      | provide notice | and the     | within 60 days      |
| planning       | that your      | LEPC.       | after your facility |
| notification   | facility is    |             | first becomes       |
|                | subject to the |             | subject to the      |
|                | emergency      |             | requirements of     |
|                | planning       |             | this subpart. If no |
|                | requirements   |             | LEPC exists for     |
|                | of this        |             | your facility at    |
|                | subpart.       |             | the time you are    |
|                |                |             | required to provide |
|                |                |             | emergency planning  |
|                |                |             | notification, then  |
|                |                |             | you should report   |
|                |                |             | to the LEPC within  |
|                |                |             | 30 days after an    |
|                |                |             | LEPC is established |
|                |                |             | for the emergency   |
|                |                |             | planning district   |
|                |                |             | in which your       |
|                |                |             | facility is         |
|                |                |             | located.            |
+----------------+----------------+-------------+---------------------+
| \(b\) Facility | You must       | To the LEPC | By September 17,    |
| emergency      | designate a    | (or the     | 1987, or within 60  |
| coordinator    | facility       | SERC if     | days after your     |
|                | representative | there is no | facility first      |
|                | who will       | LEPC, or    | becomes subject to  |
|                | participate in | the         | the requirements of |
|                | the local      | Governor if | this subpart. If no |
|                | emergency      | there is no | LEPC exists when    |
|                | planning       | SERC).      | you first report,   |
|                | process as a   |             | then provide an     |
|                | facility       |             | additional report   |
|                | emergency      |             | to the LEPC within  |
|                | response       |             | 30 days after such  |
|                | coordinator.   |             | LEPC is established |
|                | You must       |             | for the emergency   |
|                | provide notice |             | planning district   |
|                | of this        |             | in which your       |
|                | facility       |             | facility is         |
|                | r              |             | located.            |
|                | epresentative. |             |                     |
+----------------+----------------+-------------+---------------------+
| \(c\) Changes  | You must       | To the LEPC | Within 30 days      |
| relevant to    | provide notice |             | after the changes   |
| emergency      | of any changes |             | have occurred.      |
| planning       | occurring at   |             |                     |
|                | your facility  |             |                     |
|                | that may be    |             |                     |
|                | relevant to    |             |                     |
|                | emergency      |             |                     |
|                | planning.      |             |                     |
+----------------+----------------+-------------+---------------------+
| \(d\)          | You must       | To the LEPC | Promptly.           |
| Requested      | provide any    |             |                     |
| information    | information    |             | *Note: The LEPC may |
|                | necessary for  |             | specify a time      |
|                | developing or  |             | frame for this      |
|                | implementing   |             | information.*       |
|                | the local      |             |                     |
|                | emergency plan |             |                     |
|                | if the LEPC    |             |                     |
|                | requests it.   |             |                     |
+----------------+----------------+-------------+---------------------+

**§ 355.21 In what format should the information be submitted?**

EPA does not require any specific format.

*Note:* *EPA recommends that you submit the information described in
§355.20 in writing in order to insure appropriate documentation. The
SERC or LEPC may request that this information be submitted in a
specific format.*

**Subpart C\--Emergency Release Notification**

**Who Must Comply**

**§ 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 these two conditions are met:

\(a\) You produce, use, or store a hazardous chemical at your facility;
and

\(b\) You release a reportable quantity (RQ) of any EHS or of a
hazardous substance as defined by the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA Hazardous Substance)
at your facility. Certain releases are exempted from these requirements.
Exempted releases are listed in §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 the notification requirements under CERCLA.
This is explained further in subpart D of this part.*

**§ 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 six 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 reporting
under section 103(e) of CERCLA.

\(d\) Any release that does not 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 (not beneficiated or
> processed) materials; and replacing in mined-out areas coal ash,
> earthen materials from farming or construction, or overburden or other
> raw materials generated from the exempted mining activities.
>
> \(3\) 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.

\(f\) Any release less than 1,000 pounds per 24 hours of nitrogen oxide
or nitrogen dioxide to the air which is the result of combustion and
combustion related activities.

**§ 355.32 Which emergency release notification requirements apply to
continuous releases?**

If the release of an EHS or CERCLA hazardous substance is continuous and
stable in quantity and rate at your facility as defined in 40 CFR
302.8(b), then the release qualifies for reduced reporting requirements
under this subpart. Under these reduced reporting requirements, you do
not need to provide the notifications required under §355.40. However,
in addition to the notifications required under 40 CFR 302.8, you must
make all of the following notifications 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:

\(a\) 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).

**§ 355.33 What release 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. RQs for EHSs are listed in Appendices A and B
of this part in the column labeled "reportable quantity.\'\' RQs for
CERCLA hazardous substances are listed in Table 302.4 of 40 CFR 302.4 in
the column labeled "final RQ.\'\'

**How to Comply**

**§ 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).

\(a\) *Immediate notification*. The notice required under this section
shall include as much of the following information known at the time.
However, the retrieval of this information should not cause a delay in
the notification on the emergency response.

> \(1\) The chemical name or identity of any substance involved in the
> release.
>
> \(2\) Indicate whether the substance is an EHS.
>
> \(3\) Provide an estimate of the quantity of any such substance that
> was released into the environment.
>
> \(4\) State 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
that occur during transportation or from 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 provide 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 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.

\(c\) You are not required to submit a written follow-up notification
for a release that occurred during transportation or from storage
incident to transportation. See §355.42(b) for requirements for
reporting such releases.

**§ 355.41 In what format should the information be submitted?**

The immediate notification, described in §355.40(a), should be oral. The
follow-up emergency notification, described in §355.40(b), shall be in
writing. 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.*

**§ 355.42 To whom must I submit the information?**

\(a\) You must provide the immediate emergency release notification
information and the written follow-up notification to:

> \(1\) The community emergency coordinator for the LEPC of any area
> likely to be affected by the release (if there is no LEPC, notify the
> relevant local emergency response personnel); and
>
> \(2\) The SERC of any State likely to be affected by the release.

\(b\) For a release that occurs during transportation or from 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 §355.40(a). You are not required under this
subpart to submit a written follow-up notification, as described in
§355.40(b), for such a release.

**§ 355.43 When must I submit the information?**

\(a\) You must provide the required emergency release notification
information described under §355.40(a), immediately.

\(b\) You must provide the written follow-up emergency notice (or
notices, as more information becomes available) described under
§355.40(b), as soon as practicable after the release.

**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?**

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
notification requirements of CERCLA section 103, codified at 40 CFR part
302. Use this table to determine which emergency release notification
requirements apply to your release:

+-----------------------+-----------------------+-----------------------+
| **If a reportable     | **And if the release  | **And if the release  |
| quantity of a         | is reportable under   | is reportable under   |
| substance is released | EPCRA Section 304,    | CERCLA Section 103,   |
| within a 24-hour      | you must**            | you must**            |
| period at your        |                       |                       |
| facility**            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| \(a\) And the         | Notify the LEPC and   | Comply with the       |
| substance is on BOTH  | the SERC in           | release notification  |
| the list of EHSs      | accordance with       | requirements of       |
| (Appendices A and B   | §§355.40 through      | CERCLA section 103    |
| of this part) AND the | 355.43 of this part   | and its implementing  |
| list of CERCLA        | (except for a release | regulations (40 CFR   |
| Hazardous Substances  | during transportation | part 302). Call the   |
| (40 CFR 302.4)        | or from storage       | NRC at 800-424-8802.  |
|                       | incident to           |                       |
|                       | transportation; see   |                       |
|                       | §355.42(b)).          |                       |
+-----------------------+-----------------------+-----------------------+
| \(b\) And the         | Notify the LEPC and   | Comply with the       |
| substance is on the   | the SERC, in          | release notification  |
| list of CERCLA        | accordance with       | requirements of       |
| Hazardous Substances  |                       | CERCLA section 103    |
| (40 CFR 302.4) and    | §§355.40 through      | and its implementing  |
| ***not*** on the list | 355.43 of this part   | regulations (40 CFR   |
| of EHSs (Appendices A | (except for a release | part 302). Call the   |
| and B of this part).  | during transportation | NRC at 800-424-8802.  |
|                       | or from storage       |                       |
|                       | incident to           |                       |
|                       | transportation; see   |                       |
|                       | in §355.42(b)).       |                       |
+-----------------------+-----------------------+-----------------------+
| \(c\) And the         | Notify the LEPC and   |                       |
| substance is on the   | the SERC in           |                       |
| list of EHSs          | accordance with       |                       |
| (Appendices A and B   | §§355.40 through      |                       |
| of this part) and     | 355.43 of this part   |                       |
| ***not*** the list of | (except for a release |                       |
| CERCLA Hazardous      | during transportation |                       |
| Substances (40 CFR    | or from storage       |                       |
| 302.4)                | incident to           |                       |
|                       | transportation; see   |                       |
|                       | §355.42(b)).          |                       |
+-----------------------+-----------------------+-----------------------+

*Note: This table only applies to reportable releases, not to exempt
releases.*

**§ 355.61 How are key words in this part defined?**

***CERCLA*** means the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended.

***CERCLA hazardous substance*** means a substance defined in section
101(14) of CERCLA and listed in Table 302.4 of 40 CFR 302.4.

***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 Emergency Planning and Community Right-To-Know Act
of 1986.

***Extremely hazardous substance (EHS)*** means a substance listed in
Appendices A and B of this part.

***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.

***Hazardous chemical*** means any hazardous chemical as defined under
29 CFR 1910.1200(c), except that this term does not include:

\(1\) 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.

***Indian Country*** means Indian country defined in 18 U.S.C. 1151 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.

***LEPC*** means the Local Emergency Planning Committee appointed by the
State Emergency Response Commission.

***Medium or media*** means the environment (i.e. air, water, land).

***Mixture*** means, for the purposes of 40 CFR part 355, a
heterogeneous 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.

***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, EHS, or CERCLA hazardous substance.

***Reportable quantity*** means, for any CERCLA hazardous substance, the
quantity established in Table 302.4 of 40 CFR 302.4, for such substance.
For any EHS, reportable quantity means the 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*** means the State 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 a SERC for a State or 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*** 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**

\[Alphabetical Order\]

+-----------------------------------------------------------------------+
|   -------------- -----------------------                              |
| --------------------------- ----------- -------------- -------------- |
|   **CAS No.**    **Chemical name**                                    |
|                                **Notes**   **Reportable   **Threshold |
|                                                                       |
|                                               quantity\*     planning |
|                                                                       |
|                                               (pounds)**     quantity |
|                                                                       |
|                                                            (pounds)** |
|                                                                       |
|   75--86--5      Acetone Cyanoh                                       |
| ydrin                                            10             1,000 |
|                                                                       |
|   1752--30--3    Acetone Thiosemicarba                                |
| zide                                      1,000          1,000/10,000 |
|                                                                       |
|   107--02--8     Acrolein                                             |
|                                                    1              500 |
|                                                                       |
|   79--06--1      Acrylamide                                           |
|                               f           5,000          1,000/10,000 |
|                                                                       |
|   107--13--1     Acrylonitrile                                        |
|                                     f           100            10,000 |
|                                                                       |
|   814--68--6     Acrylyl Chlo                                         |
| ride                                   d           100            100 |
|                                                                       |
|   111--69--3     Adiponitrile                                         |
|                                      f           1,000          1,000 |
|                                                                       |
|   116--06--3     Aldicarb                                             |
|                                 b           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 Pho                                         |
| sphide                                 a           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                                              |
|                                        f           100            500 |
|                                                                       |
|   300--62--9     Amphetamine                                          |
|                                                  1,000          1,000 |
|                                                                       |
|   62--53--3      Aniline                                              |
|                                      f           5,000          1,000 |
|                                                                       |
|   88--05--1      Aniline, 2,4                                         |
| ,6-Trimethyl-                                      500            500 |
|                                                                       |
|   7783--70--2    Antimony Pen                                         |
| tafluoride                                         500            500 |
|                                                                       |
|   1397--94--0    Antimycin A                                          |
|                               b           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                                       |
|                                 d           1              100/10,000 |
|                                                                       |
|   7784--34--1    Arsenous Tri                                         |
| chloride                                           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 Chlor                                         |
| ide                                                5,000          500 |
|                                                                       |
|   98--16--8      Benzenamine,                                         |
|  3-(Trifluoromethyl)-                              500            500 |
|                                                                       |
|   100--14--1     Benzene, 1-(Chlorom                                  |
| ethyl)-4-Nitro-                             500            500/10,000 |
|                                                                       |
|   98--05--5      Benzenearsonic Aci                                   |
| d                                            10             10/10,000 |
|                                                                       |
|   3615--21--2    Benzimidazole, 4,5-                                  |
| Dichloro-2-(Trifluoromethyl)-   c           500            500/10,000 |
|                                                                       |
|   98--07--7      Benzotrichlo                                         |
| ride                                               10             100 |
|                                                                       |
|   100--44--7     Benzyl Chlor                                         |
| ide                                                100            500 |
|                                                                       |
|   140--29--4     Benzyl Cyani                                         |
| de                                     d           500            500 |
|                                                                       |
|   15271--41--7   Bicyclo\[2.2.1\]Hep                                  |
| tane-2-Carbonitrile,                        500            500/10,000 |
|                  5-Chloro-                                            |
| 6-((((Methylamino)Carbonyl)Oxy)Imino)-,                               |
|                  (1s-(1-al                                            |
| pha,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 Trichl                                         |
| oride                                              500            500 |
|                                                                       |
|   7637--07--2    Boron Triflu                                         |
| oride                                              500            500 |
|                                                                       |
|   353--42--4     Boron Trifluor                                       |
| ide Compound With Methyl Ether (1:1)             1,000          1,000 |
|                                                                       |
|   28772--56--7   Bromadiolone                                         |
|                                             100            100/10,000 |
|                                                                       |
|   7726--95--6    Bromine                                              |
|                                        f           500            500 |
|                                                                       |
|   1306--19--0    Cadmium Oxide                                        |
|                                             100            100/10,000 |
|                                                                       |
|   2223--93--0    Cadmium Stearate                                     |
|                               b           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, Meth                                  |
| yl-, O-(((2,4-Dimethyl-1,                   100            100/10,000 |
|                  3-Dithiol                                            |
| an-2-yl)Methylene)Amino)-                                             |
|                                                                       |
|   1563--66--2    Carbofuran                                           |
|                                              10             10/10,000 |
|                                                                       |
|   75--15--0      Carbon Disulfid                                      |
| e                                   f           100            10,000 |
|                                                                       |
|   786--19--6     Carbophenoth                                         |
| ion                                                500            500 |
|                                                                       |
|   57--74--9      Chlordane                                            |
|                                                  1              1,000 |
|                                                                       |
|   470--90--6     Chlorfenvinf                                         |
| os                                                 500            500 |
|                                                                       |
|   7782--50--5    Chlorine                                             |
|                                                    10             100 |
|                                                                       |
|   24934--91--6   Chlormephos                                          |
|                                                    500            500 |
|                                                                       |
|   999--81--5     Chlormequat Chlorid                                  |
| e                               d           100            100/10,000 |
|                                                                       |
|   79--11--8      Chloroacetic Acid                                    |
|                                             100            100/10,000 |
|                                                                       |
|   107--07--3     Chloroethano                                         |
| l                                                  500            500 |
|                                                                       |
|   627--11--2     Chloroethyl Ch                                       |
| loroformate                                      1,000          1,000 |
|                                                                       |
|   67--66--3      Chloroform                                           |
|                                     f           10             10,000 |
|                                                                       |
|   542--88--1     Chloromethyl                                         |
|  Ether                                 d           10             100 |
|                                                                       |
|   107--30--2     Chloromethyl                                         |
|  Methyl Ether                          b           10             100 |
|                                                                       |
|   3691--35--8    Chlorophacinone                                      |
|                                             100            100/10,000 |
|                                                                       |
|   1982--47--4    Chloroxuron                                          |
|                                             500            500/10,000 |
|                                                                       |
|   21923--23--9   Chlorthiopho                                         |
| s                                      d           500            500 |
|                                                                       |
|   10025--73--7   Chromic Chloride                                     |
|                                               1              1/10,000 |
|                                                                       |
|   62207--76--5   Cobalt, ((2,2′-(1,2                                  |
| -Ethanediylbis                              100            100/10,000 |
|                  (Nitrilom                                            |
| ethylidyne))                                                          |
|                  Bis(6-Flu                                            |
| orophenolato))(2-)-N,N′,O,O′)-                                        |
|                                                                       |
|   10210--68--1   Cobalt Carbonyl                                      |
|                                  d           10             10/10,000 |
|                                                                       |
|   64--86--8      Colchicine                                           |
|                                  d           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 Flu                                         |
| oride                                              100            100 |
|                                                                       |
|   66--81--9      Cycloheximide                                        |
|                                             100            100/10,000 |
|                                                                       |
|   108--91--8     Cyclohexylamine                                      |
|                                     f           10,000         10,000 |
|                                                                       |
|   17702--41--9   Decaborane(14)                                       |
|                                             500            500/10,000 |
|                                                                       |
|   8065--48--3    Demeton                                              |
|                                                    500            500 |
|                                                                       |
|   919--86--8     Demeton-S-Me                                         |
| thyl                                               500            500 |
|                                                                       |
|   10311--84--9   Dialifor                                             |
|                                             100            100/10,000 |
|                                                                       |
|   19287--45--7   Diborane                                             |
|                                                    100            100 |
|                                                                       |
|   111--44--4     Dichloroethyl e                                      |
| ther                                            10             10,000 |
|                                                                       |
|   149--74--6     Dichloromethyl                                       |
| phenylsilane                                     1,000          1,000 |
|                                                                       |
|   62--73--7      Dichlorvos                                           |
|                                                  10             1,000 |
|                                                                       |
|   141--66--2     Dicrotophos                                          |
|                                                    100            100 |
|                                                                       |
|   1464--53--5    Diepoxybutan                                         |
| e                                                  10             500 |
|                                                                       |
|   814--49--3     Diethyl Chlo                                         |
| rophosphate                            d           500            500 |
|                                                                       |
|   71--63--6      Digitoxin                                            |
|                                 b           100            100/10,000 |
|                                                                       |
|   2238--07--5    Diglycidyl Eth                                       |
| er                                               1,000          1,000 |
|                                                                       |
|   20830--75--5   Digoxin                                              |
|                                  d           10             10/10,000 |
|                                                                       |
|   115--26--4     Dimefox                                              |
|                                                    500            500 |
|                                                                       |
|   60--51--5      Dimethoate                                           |
|                                             10             500/10,000 |
|                                                                       |
|   2524--03--0    Dimethyl Pho                                         |
| sphorochloridothioate                              500            500 |
|                                                                       |
|   77--78--1      Dimethyl sul                                         |
| fate                                               100            500 |
|                                                                       |
|   75--78--5      Dimethyldich                                         |
| lorosilane                             d           500            500 |
|                                                                       |
|   57--14--7      Dimethylhydraz                                       |
| ine                                              10             1,000 |
|                                                                       |
|   99--98--9      Dimethyl-p-Phenyle                                   |
| nediamine                                    10             10/10,000 |
|                                                                       |
|   644--64--4     Dimetilan                                            |
|                                             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     Diphosphoram                                         |
| ide, Octamethyl-                                   100            100 |
|                                                                       |
|   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, Dihydroc                                    |
| hloride                           d           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     Epichlorohydri                                       |
| n                                    f           100            1,000 |
|                                                                       |
|   2104--64--5    EPN                                                  |
|                                             100            100/10,000 |
|                                                                       |
|   50--14--6      Ergocalciferol                                       |
|                               b           1,000          1,000/10,000 |
|                                                                       |
|   379--79--3     Ergotamine Tartrate                                  |
|                                             500            500/10,000 |
|                                                                       |
|   1622--32--8    Ethanesulfon                                         |
| yl Chloride, 2-Chloro-                             500            500 |
|                                                                       |
|   10140--87--1   Ethanol, 1,2-D                                       |
| ichloro-, Acetate                                1,000          1,000 |
|                                                                       |
|   563--12--2     Ethion                                               |
|                                                  10             1,000 |
|                                                                       |
|   13194--48--4   Ethoprophos                                          |
|                                                  1,000          1,000 |
|                                                                       |
|   538--07--8     Ethylbis(2-C                                         |
| hloroethyl)Amine                       d           500            500 |
|                                                                       |
|   371--62--0     Ethylene Fl                                          |
| uorohydrin                              b, d        10             10 |
|                                                                       |
|   75--21--8      Ethylene Oxide                                       |
|                                      f           10             1,000 |
|                                                                       |
|   107--15--3     Ethylenediamine                                      |
|                                                 5,000          10,000 |
|                                                                       |
|   151--56--4     Ethyleneimin                                         |
| e                                                  1              500 |
|                                                                       |
|   542--90--5     Ethylthiocyanat                                      |
| e                                               10,000         10,000 |
|                                                                       |
|   22224--92--6   Fenamiphos                                           |
|                                              10             10/10,000 |
|                                                                       |
|   115--90--2     Fensulfothio                                         |
| n                                      d           500            500 |
|                                                                       |
|   4301--50--2    Fluenetil                                            |
|                                             100            100/10,000 |
|                                                                       |
|   7782--41--4    Fluorine                                             |
|                                        e           10             500 |
|                                                                       |
|   640--19--7     Fluoroacetamide                                      |
|                                             100            100/10,000 |
|                                                                       |
|   144--49--0     Fluoroacetic Acid                                    |
|                                              10             10/10,000 |
|                                                                       |
|   359--06--8     Fluoroacety                                          |
| l Chloride                              b           10             10 |
|                                                                       |
|   51--21--8      Fluorouracil                                         |
|                                             500            500/10,000 |
|                                                                       |
|   944--22--9     Fonofos                                              |
|                                                    500            500 |
|                                                                       |
|   50--00--0      Formaldehyde                                         |
|                                        f           100            500 |
|                                                                       |
|   107--16--4     Formaldehyde C                                       |
| yanohydrin                           d           1,000          1,000 |
|                                                                       |
|   23422--53--9   Formetanate Hydroch                                  |
| loride                          d           100            500/10,000 |
|                                                                       |
|   2540--82--1    Formothion                                           |
|                                                    100            100 |
|                                                                       |
|   17702-57-7     Formparanate                                         |
|                                             100            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      Hexachlorocy                                         |
| clopentadiene                          d           10             100 |
|                                                                       |
|   4835--11--4    Hexamethylen                                         |
| ediamine, N,N′-Dibutyl-                            500            500 |
|                                                                       |
|   302--01--2     Hydrazine                                            |
|                                                  1              1,000 |
|                                                                       |
|   74--90--8      Hydrocyanic                                          |
| Acid                                               10             100 |
|                                                                       |
|   7647--01--0    Hydrogen Chl                                         |
| oride (gas only)                       f           5,000          500 |
|                                                                       |
|   7664--39--3    Hydrogen Flu                                         |
| oride                                              100            100 |
|                                                                       |
|   7722--84--1    Hydrogen Perox                                       |
| ide (Conc \> 52%)                    f           1,000          1,000 |
|                                                                       |
|   7783--07--5    Hydrogen Se                                          |
| lenide                                              10             10 |
|                                                                       |
|   7783--06--4    Hydrogen Sul                                         |
| fide                                   f           100            500 |
|                                                                       |
|   123--31--9     Hydroquinone                                         |
|                                 f           100            500/10,000 |
|                                                                       |
|   13463--40--6   Iron, Pentac                                         |
| arbonyl-                                           100            100 |
|                                                                       |
|   297--78--9     Isobenzan                                            |
|                                             100            100/10,000 |
|                                                                       |
|   78--82--0      Isobutyronitri                                       |
| le                                   d           1,000          1,000 |
|                                                                       |
|   102--36--3     Isocyanic Acid, 3,4                                  |
| -Dichlorophenyl Ester                       500            500/10,000 |
|                                                                       |
|   465--73--6     Isodrin                                              |
|                                             1              100/10,000 |
|                                                                       |
|   55--91--4      Isofluorphat                                         |
| e                                      b           100            100 |
|                                                                       |
|   4098--71--9    Isophorone D                                         |
| iisocyanate                            g           500            500 |
|                                                                       |
|   108--23--6     Isopropyl Chlo                                       |
| roformate                                        1,000          1,000 |
|                                                                       |
|   119--38--0     Isopropylmet                                         |
| hyl-pyrazolyl Dimethylcarbamate                    100            500 |
|                                                                       |
|   78--97--7      Lactonitrile                                         |
|                                                  1,000          1,000 |
|                                                                       |
|   21609--90--5   Leptophos                                            |
|                                             500            500/10,000 |
|                                                                       |
|   541--25--3     Lewisite                                             |
|                                         b, d        10             10 |
|                                                                       |
|   58--89--9      Lindane                                              |
|                                           1              1,000/10,000 |
|                                                                       |
|   7580--67--8    Lithium Hydr                                         |
| ide                                    a           100            100 |
|                                                                       |
|   109--77--3     Malononitrile                                        |
|                                             1,000          500/10,000 |
|                                                                       |
|   12108--13--3   Manganese, T                                         |
| ricarbonyl Methylcyclopentadienyl      d           100            100 |
|                                                                       |
|   51--75--2      Mechloretha                                          |
| mine                                    b           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 D                                       |
| iacetate                                         1,000          1,000 |
|                                                                       |
|   760--93--0     Methacrylic                                          |
| Anhydride                                          500            500 |
|                                                                       |
|   126--98--7     Methacryloni                                         |
| trile                                  d           1,000          500 |
|                                                                       |
|   920--46--7     Methacryloyl                                         |
|  Chloride                                          100            100 |
|                                                                       |
|   30674--80--7   Methacryloyl                                         |
| oxyethyl Isocyanate                    d           100            100 |
|                                                                       |
|   10265--92--6   Methamidophos                                        |
|                                             100            100/10,000 |
|                                                                       |
|   558--25--8     Methanesulfony                                       |
| l 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                                             |
|                                 d           100            500/10,000 |
|                                                                       |
|   151--38--2     Methoxyethylmercuri                                  |
| c Acetate                                   500            500/10,000 |
|                                                                       |
|   80--63--7      Methyl 2-Chl                                         |
| oroacrylate                                        500            500 |
|                                                                       |
|   74--83--9      Methyl Bromide                                       |
|                                      f           1,000          1,000 |
|                                                                       |
|   79--22--1      Methyl Chlor                                         |
| oformate                               d           1,000          500 |
|                                                                       |
|   60--34--4      Methyl Hydra                                         |
| zine                                               10             500 |
|                                                                       |
|   624--83--9     Methyl Isocy                                         |
| anate                                              10             500 |
|                                                                       |
|   556--61--6     Methyl Isoth                                         |
| iocyanate                              a           500            500 |
|                                                                       |
|   74--93--1      Methyl Merca                                         |
| ptan                                   f           100            500 |
|                                                                       |
|   3735--23--7    Methyl Phenk                                         |
| apton                                              500            500 |
|                                                                       |
|   676--97--1     Methyl Phosp                                         |
| honic Dichloride                       a           100            100 |
|                                                                       |
|   556--64--9     Methyl Thiocyan                                      |
| ate                                             10,000         10,000 |
|                                                                       |
|   78--94--4      Methyl Viny                                          |
| l Ketone                                            10             10 |
|                                                                       |
|   502--39--6     Methylmercuric Dicy                                  |
| anamide                                     500            500/10,000 |
|                                                                       |
|   75--79--6      Methyltrichl                                         |
| orosilane                              d           500            500 |
|                                                                       |
|   1129--41--5    Metolcarb                                            |
|                                             1,000          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                                          |
|                                        d           500            500 |
|                                                                       |
|   13463--39--3   Nickel Car                                           |
| bonyl                                                10             1 |
|                                                                       |
|   54--11--5      Nicotine                                             |
|                                        b           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                                         |
|                                        b           10             100 |
|                                                                       |
|   98--95--3      Nitrobenzene                                         |
|                                     f           1,000          10,000 |
|                                                                       |
|   1122--60--7    Nitrocyclohe                                         |
| xane                                               500            500 |
|                                                                       |
|   10102--44--0   Nitrogen Dio                                         |
| xide                                               10             100 |
|                                                                       |
|   62--75--9      Nitrosodimethy                                       |
| lamine                               d           10             1,000 |
|                                                                       |
|   991--42--4     Norbormide                                           |
|                                             100            100/10,000 |
|                                                                       |
|   0              Organorhodium Comp                                   |
| lex (PMN--82--147)                           10             10/10,000 |
|                                                                       |
|   630--60--4     Ouabain                                              |
|                                 b           100            100/10,000 |
|                                                                       |
|   23135--22--0   Oxamyl                                               |
|                                             100            100/10,000 |
|                                                                       |
|   78--71--7      Oxetane, 3,3                                         |
| -Bis(Chloromethyl)-                                500            500 |
|                                                                       |
|   2497--07--6    Oxydisulfoto                                         |
| n                                      d           500            500 |
|                                                                       |
|   10028--15--6   Ozone                                                |
|                                                    100            100 |
|                                                                       |
|   1910--42--5    Paraquat Dichlorid                                   |
| e                                            10             10/10,000 |
|                                                                       |
|   2074--50--2    Paraquat Methosulf                                   |
| ate                                          10             10/10,000 |
|                                                                       |
|   56--38--2      Parathion                                            |
|                                        b           10             100 |
|                                                                       |
|   298--00--0     Parathion-Methyl                                     |
|                                 b           100            100/10,000 |
|                                                                       |
|   12002--03--8   Paris Green                                          |
|                                             1              500/10,000 |
|                                                                       |
|   19624--22--7   Pentaborane                                          |
|                                                    500            500 |
|                                                                       |
|   2570--26--5    Pentadecylamine                                      |
|                                             100            100/10,000 |
|                                                                       |
|   79--21--0      Peracetic Ac                                         |
| id                                                 500            500 |
|                                                                       |
|   594--42--3     Perchloromet                                         |
| hylmercaptan                                       100            500 |
|                                                                       |
|   108--95--2     Phenol                                               |
|                                             1,000          500/10,000 |
|                                                                       |
|   4418--66--0    Phenol, 2,2′-Thiobi                                  |
| s(4-Chloro-6-Methyl)-                       100            100/10,000 |
|                                                                       |
|   64--00--6      Phenol, 3-(1-Methyl                                  |
| ethyl)-, Methylcarbamate                    10             500/10,000 |
|                                                                       |
|   58--36--6      Phenoxarsine, 10,10                                  |
| ′-Oxydi-                                    500            500/10,000 |
|                                                                       |
|   696--28--6     Phenyl Dichl                                         |
| oroarsine                              d           1              500 |
|                                                                       |
|   59--88--1      Phenylhydrazine Hydro                                |
| chloride                                  1,000          1,000/10,000 |
|                                                                       |
|   62--38--4      Phenylmercury Aceta                                  |
| te                                          100            500/10,000 |
|                                                                       |
|   2097--19--0    Phenylsilatrane                                      |
|                                 d           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                                             |
|                                         f           10             10 |
|                                                                       |
|   13171--21--6   Phosphamidon                                         |
|                                                    100            100 |
|                                                                       |
|   7803--51--2    Phosphine                                            |
|                                                    100            500 |
|                                                                       |
|   2703--13--1    Phosphonothi                                         |
| oic Acid, Methyl-, O-Ethyl                         500            500 |
|                  O-(4-(Met                                            |
| hylthio) Phenyl) Ester                                                |
|                                                                       |
|   50782--69--9   Phosphonothi                                         |
| oic Acid, Methyl-,                                 100            100 |
|                  S-(2-(Bis                                            |
| (1Methylethyl)Amino)Ethyl) O-Ethyl Ester                              |
|                                                                       |
|   2665--30--7    Phosphonothi                                         |
| oic Acid, Methyl-, O-(4-Nitrophenyl)               500            500 |
|                  O-Phenyl                                             |
| Ester                                                                 |
|                                                                       |
|   3254--63--5    Phosphoric A                                         |
| cid, Dimethyl 4-(Methylthio)Phenyl                 500            500 |
|                  Ester                                                |
|                                                                       |
|                                                                       |
|   2587--90--8    Phosphorothi                                         |
| oic Acid,                              b, c        500            500 |
|                  O,O-Dimet                                            |
| hyl-S-(2-Methylthio) Ethyl Ester                                      |
|                                                                       |
|   7723--14--0    Phosphorus                                           |
|                                        a, d        1              100 |
|                                                                       |
|   10025--87--3   Phosphorus O                                         |
| xychloride                                         1,000          500 |
|                                                                       |
|   10026--13--8   Phosphorus P                                         |
| entachloride                           a           500            500 |
|                                                                       |
|   7719--12--2    Phosphorus Tri                                       |
| chloride                                         1,000          1,000 |
|                                                                       |
|   57--47--6      Physostigmine                                        |
|                                             100            100/10,000 |
|                                                                       |
|   57--64--7      Physostigmine, Sali                                  |
| cylate (1:1)                                100            100/10,000 |
|                                                                       |
|   124--87--8     Picrotoxin                                           |
|                                             500            500/10,000 |
|                                                                       |
|   110--89--4     Piperidine                                           |
|                                                  1,000          1,000 |
|                                                                       |
|   23505--41--1   Pirimifos-Ethy                                       |
| l                                                1,000          1,000 |
|                                                                       |
|   10124--50--2   Potassium Arsenite                                   |
|                                             1              500/10,000 |
|                                                                       |
|   151--50--8     Potassium Cy                                         |
| anide                                  a           10             100 |
|                                                                       |
|   506--61--6     Potassium Si                                         |
| lver Cyanide                           a           1              500 |
|                                                                       |
|   2631--37--0    Promecarb                                            |
|                                 d           1,000          500/10,000 |
|                                                                       |
|   106--96--7     Propargyl B                                          |
| romide                                              10             10 |
|                                                                       |
|   57--57--8      Propiolacton                                         |
| e, Beta-                                           10             500 |
|                                                                       |
|   107--12--0     Propionitril                                         |
| e                                                  10             500 |
|                                                                       |
|   542--76--7     Propionitrile,                                       |
|  3-Chloro-                                       1,000          1,000 |
|                                                                       |
|   70--69--9      Propiophenone, 4-Am                                  |
| ino-                            c           100            100/10,000 |
|                                                                       |
|   109--61--5     Propyl Chlor                                         |
| oformate                                           500            500 |
|                                                                       |
|   75--56--9      Propylene Oxide                                      |
|                                     f           100            10,000 |
|                                                                       |
|   75--55--8      Propyleneimine                                       |
|                                                 1              10,000 |
|                                                                       |
|   2275--18--5    Prothoate                                            |
|                                             100            100/10,000 |
|                                                                       |
|   129--00--0     Pyrene                                               |
|                               b           5,000          1,000/10,000 |
|                                                                       |
|   140--76--1     Pyridine, 2-                                         |
| Methyl-5-Vinyl-                                    500            500 |
|                                                                       |
|   504--24--5     Pyridine, 4-Amino-                                   |
|                                 d           1,000          500/10,000 |
|                                                                       |
|   1124--33--0    Pyridine, 4-Nitro-,                                  |
| l-Oxide                                     500            500/10,000 |
|                                                                       |
|   53558--25--1   Pyriminil                                            |
|                                 d           100            100/10,000 |
|                                                                       |
|   14167--18--1   Salcomine                                            |
|                                             500            500/10,000 |
|                                                                       |
|   107--44--8     Sarin                                                |
|                                         d           10             10 |
|                                                                       |
|   7783--00--8    Selenious Acid                                       |
|                                           10             1,000/10,000 |
|                                                                       |
|   7791--23--3    Selenium Oxy                                         |
| chloride                                           500            500 |
|                                                                       |
|   563--41--7     Semicarbazide Hydroch                                |
| loride                                    1,000          1,000/10,000 |
|                                                                       |
|   3037--72--7    Silane, (4-Ami                                       |
| nobutyl)Diethoxymethyl-                          1,000          1,000 |
|                                                                       |
|   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(N~3~))                            a           1,000          500 |
|                                                                       |
|   124--65--2     Sodium Cacodylate                                    |
|                                             100            100/10,000 |
|                                                                       |
|   143--33--9     Sodium Cyani                                         |
| de (Na(CN))                            a           10             100 |
|                                                                       |
|   62--74--8      Sodium Fluoroaceta                                   |
| te                                           10             10/10,000 |
|                                                                       |
|   13410--01--0   Sodium Selenate                                      |
|                                             100            100/10,000 |
|                                                                       |
|   10102--18--8   Sodium Selenite                                      |
|                                 d           100            100/10,000 |
|                                                                       |
|   10102--20--2   Sodium Tellurite                                     |
|                                             500            500/10,000 |
|                                                                       |
|   900--95--8     Stannane, Acetoxytr                                  |
| iphenyl-                        c           500            500/10,000 |
|                                                                       |
|   57--24--9      Strychnine                                           |
|                                 b           10             100/10,000 |
|                                                                       |
|   60--41--3      Strychnine Sulfate                                   |
|                                             10             100/10,000 |
|                                                                       |
|   3689--24--5    Sulfotep                                             |
|                                                    100            500 |
|                                                                       |
|   3569--57--1    Sulfoxide, 3                                         |
| -Chloropropyl Octyl                                500            500 |
|                                                                       |
|   7446--09--5    Sulfur Dioxi                                         |
| de                                     f           500            500 |
|                                                                       |
|   7783--60--0    Sulfur Tetra                                         |
| fluoride                                           100            100 |
|                                                                       |
|   7446--11--9    Sulfur Triox                                         |
| ide                                    a           100            100 |
|                                                                       |
|   7664--93--9    Sulfuric Acid                                        |
|                                                  1,000          1,000 |
|                                                                       |
|   77--81--6      Tabun                                                |
|                                         b, d        10             10 |
|                                                                       |
|   7783--80--4    Tellurium He                                         |
| xafluoride                             e           100            100 |
|                                                                       |
|   107--49--3     TEPP                                                 |
|                                                    10             100 |
|                                                                       |
|   13071--79--9   Terbufos                                             |
|                                        d           100            100 |
|                                                                       |
|   78--00--2      Tetraethylle                                         |
| ad                                     b           10             100 |
|                                                                       |
|   597--64--8     Tetraethylti                                         |
| n                                      b           100            100 |
|                                                                       |
|   75--74--1      Tetramethyll                                         |
| ead                                    b, f        100            100 |
|                                                                       |
|   509--14--8     Tetranitrome                                         |
| thane                                              10             500 |
|                                                                       |
|   10031--59--1   Thallium Sulfate                                     |
|                                 d           100            100/10,000 |
|                                                                       |
|   6533--73--9    Thallous Carbonate                                   |
|                                 b, d        100            100/10,000 |
|                                                                       |
|   7791--12--0    Thallous Chloride                                    |
|                                 b, d        100            100/10,000 |
|                                                                       |
|   2757--18--8    Thallous Malonate                                    |
|                                 b, d        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-Chloro                                  |
| phenyl)-                                    100            100/10,000 |
|                                                                       |
|   614--78--8     Thiourea, (2-Methyl                                  |
| phenyl)-                                    500            500/10,000 |
|                                                                       |
|   7550--45--0    Titanium Tet                                         |
| rachloride                                         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-Di                                         |
| chlorobutene                                       500            500 |
|                                                                       |
|   1031--47--6    Triamiphos                                           |
|                                             500            500/10,000 |
|                                                                       |
|   24017--47--8   Triazofos                                            |
|                                                    500            500 |
|                                                                       |
|   76--02--8      Trichloroace                                         |
| tyl Chloride                                       500            500 |
|                                                                       |
|   115--21--9     Trichloroeth                                         |
| ylsilane                               d           500            500 |
|                                                                       |
|   327--98--0     Trichloronat                                         |
| e                                      e           500            500 |
|                                                                       |
|   98--13--5      Trichlorophe                                         |
| nylsilane                              d           500            500 |
|                                                                       |
|   1558--25--4    Trichloro(Ch                                         |
| loromethyl)Silane                                  100            100 |
|                                                                       |
|   27137--85--5   Trichloro(Di                                         |
| chlorophenyl) Silane                               500            500 |
|                                                                       |
|   998--30--1     Triethoxysil                                         |
| ane                                                500            500 |
|                                                                       |
|   75--77--4      Trimethylchlor                                       |
| osilane                                          1,000          1,000 |
|                                                                       |
|   824--11--3     Trimethylolpropane                                   |
| Phosphite                       d           100            100/10,000 |
|                                                                       |
|   1066--45--1    Trimethyltin Chlori                                  |
| de                                          500            500/10,000 |
|                                                                       |
|   639--58--7     Triphenyltin Chlori                                  |
| de                                          500            500/10,000 |
|                                                                       |
|   555--77--1     Tris(2-Chlor                                         |
| oethyl)Amine                           d           100            100 |
|                                                                       |
|   2001--95--8    Valinomycin                                          |
|                               b           1,000          1,000/10,000 |
|                                                                       |
|   1314--62--1    Vanadium Pentoxide                                   |
|                                             1,000          100/10,000 |
|                                                                       |
|   108--05--4     Vinyl Acetate                                        |
| Monomer                              f           5,000          1,000 |
|                                                                       |
|   81--81--2      Warfarin                                             |
|                                             100            500/10,000 |
|                                                                       |
|   129--06--6     Warfarin Sodium                                      |
|                                 d           100            100/10,000 |
|                                                                       |
|   28347--13--9   Xylylene Dichloride                                  |
|                                             100            100/10,000 |
|                                                                       |
|   58270--08--9   Zinc,                                                |
|                                             100            100/10,000 |
|                  Dichloro(                                            |
| 4,4-Dimethyl-5((((Methylamino)Carbonyl)                               |
|                  Oxy)Imino                                            |
| )Pentanenitrile)-, (T-4)-                                             |
|                                                                       |
|   1314--84--7    Zinc Phosphi                                         |
| de                                     a           100            500 |
|   -------------- -----------------------                              |
| --------------------------- ----------- -------------- -------------- |
|                                                                       |
| \* Only the statutory or final RQ is shown. For more information, see |
| 40 CFR 355.61                                                         |
|                                                                       |
| Notes:                                                                |
|                                                                       |
| a\. This material is a reactive solid. The TPQ does not default to    |
| 10,000 pounds for non-powder, non-molten, non-solution form.          |
|                                                                       |
| b\. The calculated TPQ changed after technical review as described in |
| a technical support document for the final rule, April 22, 1987.      |
|                                                                       |
| c\. Chemicals added by final rule, April 22, 1987.                    |
|                                                                       |
| d\. Revised TPQ based on new or re-evaluated toxicity data, April 22, |
| 1987.                                                                 |
|                                                                       |
| e\. The TPQ was revised due to calculation error, April 22, 1987.     |
|                                                                       |
| f\. Chemicals on the original list that do not meet toxicity criteria |
| but because of their acute lethality, high production volume and      |
| known risk are considered chemicals of concern ("Other chemicals"),   |
| November 17, 1986 and February 15, 1990.                              |
|                                                                       |
| g\. The TPQ was recalculated (September 8, 2003) since it was         |
| mistakenly calculated in the April 22, 1987 final rule under the      |
| wrong assumption that this chemical is a reactive solid, when in fact |
| it is a liquid. RQ for this chemical was adjusted on September 11,    |
| 2006.                                                                 |
+-----------------------------------------------------------------------+

##### Appendix B to Part 355---The List of Extremely Hazardous Substances and Their Threshold Planning Quantities

\[CAS Number Order\]

+-----------------------------------------------------------------------+
|   -------------- -----------------------                              |
| --------------------------- ----------- -------------- -------------- |
|   **CAS No.**    **Chemical name**                                    |
|                                **Notes**   **Reportable   **Threshold |
|                                                                       |
|                                               quantity\*     planning |
|                                                                       |
|                                               (pounds)**     quantity |
|                                                                       |
|                                                            (pounds)** |
|                                                                       |
|   0              Organorhodium Comp                                   |
| lex (PMN--82--147)                           10             10/10,000 |
|                                                                       |
|   50--00--0      Formaldehyde                                         |
|                                        f           100            500 |
|                                                                       |
|   50--07--7      Mitomycin C                                          |
|                                             10             500/10,000 |
|                                                                       |
|   50--14--6      Ergocalciferol                                       |
|                               b           1,000          1,000/10,000 |
|                                                                       |
|   51--21--8      Fluorouracil                                         |
|                                             500            500/10,000 |
|                                                                       |
|   51--75--2      Mechloretha                                          |
| mine                                    b           10             10 |
|                                                                       |
|   51--83--2      Carbachol Chloride                                   |
|                                             500            500/10,000 |
|                                                                       |
|   54--11--5      Nicotine                                             |
|                                        b           100            100 |
|                                                                       |
|   54--62--6      Aminopterin                                          |
|                                             500            500/10,000 |
|                                                                       |
|   55--91--4      Isofluorphat                                         |
| e                                      b           100            100 |
|                                                                       |
|   56--25--7      Cantharidin                                          |
|                                             100            100/10,000 |
|                                                                       |
|   56--38--2      Parathion                                            |
|                                        b           10             100 |
|                                                                       |
|   56--72--4      Coumaphos                                            |
|                                             10             100/10,000 |
|                                                                       |
|   57--14--7      Dimethylhydraz                                       |
| ine                                              10             1,000 |
|                                                                       |
|   57--24--9      Strychnine                                           |
|                                 b           10             100/10,000 |
|                                                                       |
|   57--47--6      Physostigmine                                        |
|                                             100            100/10,000 |
|                                                                       |
|   57--57--8      Propiolacton                                         |
| e, Beta-                                           10             500 |
|                                                                       |
|   57--64--7      Physostigmine, Sali                                  |
| cylate (1:1)                                100            100/10,000 |
|                                                                       |
|   57--74--9      Chlordane                                            |
|                                                  1              1,000 |
|                                                                       |
|   58--36--6      Phenoxarsine, 10,10                                  |
| ′-Oxydi-                                    500            500/10,000 |
|                                                                       |
|   58--89--9      Lindane                                              |
|                                           1              1,000/10,000 |
|                                                                       |
|   59--88--1      Phenylhydrazine Hydro                                |
| chloride                                  1,000          1,000/10,000 |
|                                                                       |
|   60--34--4      Methyl Hydra                                         |
| zine                                               10             500 |
|                                                                       |
|   60--41--3      Strychnine sulfate                                   |
|                                             10             100/10,000 |
|                                                                       |
|   60--51--5      Dimethoate                                           |
|                                             10             500/10,000 |
|                                                                       |
|   62--38--4      Phenylmercury Aceta                                  |
| te                                          100            500/10,000 |
|                                                                       |
|   62--53--3      Aniline                                              |
|                                      f           5,000          1,000 |
|                                                                       |
|   62--73--7      Dichlorvos                                           |
|                                                  10             1,000 |
|                                                                       |
|   62--74--8      Sodium Fluoroaceta                                   |
| te                                           10             10/10,000 |
|                                                                       |
|   62--75--9      Nitrosodimethy                                       |
| lamine                               d           10             1,000 |
|                                                                       |
|   64--00--6      Phenol, 3-(1-Methyl                                  |
| ethyl)-, Methylcarbamate                    10             500/10,000 |
|                                                                       |
|   64--86--8      Colchicine                                           |
|                                  d           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                                           |
|                                     f           10             10,000 |
|                                                                       |
|   70--69--9      Propiophenone, 4-Am                                  |
| ino-                            c           100            100/10,000 |
|                                                                       |
|   71--63--6      Digitoxin                                            |
|                                 b           100            100/10,000 |
|                                                                       |
|   72--20--8      Endrin                                               |
|                                             1              500/10,000 |
|                                                                       |
|   74--83--9      Methyl Bromide                                       |
|                                      f           1,000          1,000 |
|                                                                       |
|   74--90--8      Hydrocyanic                                          |
| Acid                                               10             100 |
|                                                                       |
|   74--93--1      Methyl Merca                                         |
| ptan                                   f           100            500 |
|                                                                       |
|   75--15--0      Carbon Disulfid                                      |
| e                                   f           100            10,000 |
|                                                                       |
|   75--21--8      Ethylene Oxide                                       |
|                                      f           10             1,000 |
|                                                                       |
|   75--44--5      Phosgene                                             |
|                                         f           10             10 |
|                                                                       |
|   75--55--8      Propyleneimine                                       |
|                                                 1              10,000 |
|                                                                       |
|   75--56--9      Propylene Oxide                                      |
|                                     f           100            10,000 |
|                                                                       |
|   75--74--1      Tetramethyll                                         |
| ead                                    b, f        100            100 |
|                                                                       |
|   75--77--4      Trimethylchlor                                       |
| osilane                                          1,000          1,000 |
|                                                                       |
|   75--78--5      Dimethyldich                                         |
| lorosilane                             d           500            500 |
|                                                                       |
|   75--79--6      Methyltrichl                                         |
| orosilane                              d           500            500 |
|                                                                       |
|   75--86--5      Acetone Cyanoh                                       |
| ydrin                                            10             1,000 |
|                                                                       |
|   76--02--8      Trichloroace                                         |
| tyl Chloride                                       500            500 |
|                                                                       |
|   77--47--4      Hexachlorocy                                         |
| clopentadiene                          d           10             100 |
|                                                                       |
|   77--78--1      Dimethyl Sul                                         |
| fate                                               100            500 |
|                                                                       |
|   77--81--6      Tabun                                                |
|                                         b, d        10             10 |
|                                                                       |
|   78--00--2      Tetraethylle                                         |
| ad                                     b           10             100 |
|                                                                       |
|   78--34--2      Dioxathion                                           |
|                                                    500            500 |
|                                                                       |
|   78--53--5      Amiton                                               |
|                                                    500            500 |
|                                                                       |
|   78--71--7      Oxetane, 3,3                                         |
| -Bis(Chloromethyl)-                                500            500 |
|                                                                       |
|   78--82--0      Isobutyronitri                                       |
| le                                   d           1,000          1,000 |
|                                                                       |
|   78--94--4      Methyl Viny                                          |
| l Ketone                                            10             10 |
|                                                                       |
|   78--97--7      Lactonitrile                                         |
|                                                  1,000          1,000 |
|                                                                       |
|   79--06--1      Acrylamide                                           |
|                               f           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 Ac                                         |
| id                                                 500            500 |
|                                                                       |
|   79--22--1      Methyl Chlor                                         |
| oformate                               d           1,000          500 |
|                                                                       |
|   80--63--7      Methyl 2-Chl                                         |
| oroacrylate                                        500            500 |
|                                                                       |
|   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 Aci                                   |
| d                                            10             10/10,000 |
|                                                                       |
|   98--07--7      Benzotrichlo                                         |
| ride                                               10             100 |
|                                                                       |
|   98--13--5      Trichlorophe                                         |
| nylsilane                              d           500            500 |
|                                                                       |
|   98--16--8      Benzenamine,                                         |
|  3-(Trifluoromethyl)-                              500            500 |
|                                                                       |
|   98--87--3      Benzal Chlor                                         |
| ide                                                5,000          500 |
|                                                                       |
|   98--95--3      Nitrobenzene                                         |
|                                     f           1,000          10,000 |
|                                                                       |
|   99--98--9      Dimethyl-p-Phenyle                                   |
| nediamine                                    10             10/10,000 |
|                                                                       |
|   100--14--1     Benzene, 1-(Chlorom                                  |
| ethyl)-4-Nitro-                             500            500/10,000 |
|                                                                       |
|   100--44--7     Benzyl Chlor                                         |
| ide                                                100            500 |
|                                                                       |
|   102--36--3     Isocyanic Acid, 3,4                                  |
| -Dichlorophenyl Ester                       500            500/10,000 |
|                                                                       |
|   103--85--5     Phenylthiourea                                       |
|                                             100            100/10,000 |
|                                                                       |
|   106--89--8     Epichlorohydri                                       |
| n                                    f           100            1,000 |
|                                                                       |
|   106--96--7     Propargyl B                                          |
| romide                                              10             10 |
|                                                                       |
|   107--02--8     Acrolein                                             |
|                                                    1              500 |
|                                                                       |
|   107--07--3     Chloroethano                                         |
| l                                                  500            500 |
|                                                                       |
|   107--11--9     Allylamine                                           |
|                                                    500            500 |
|                                                                       |
|   107--12--0     Propionitril                                         |
| e                                                  10             500 |
|                                                                       |
|   107--13--1     Acrylonitrile                                        |
|                                     f           100            10,000 |
|                                                                       |
|   107--15--3     Ethylenediamine                                      |
|                                                 5,000          10,000 |
|                                                                       |
|   107--16--4     Formaldehyde C                                       |
| yanohydrin                           d           1,000          1,000 |
|                                                                       |
|   107--18--6     Allyl Alcohol                                        |
|                                                  100            1,000 |
|                                                                       |
|   107--30--2     Chloromethyl                                         |
|  Methyl Ether                          b           10             100 |
|                                                                       |
|   107--44--8     Sarin                                                |
|                                         d           10             10 |
|                                                                       |
|   107--49--3     TEPP                                                 |
|                                                    10             100 |
|                                                                       |
|   108--05--4     Vinyl Acetate                                        |
| Monomer                              f           5,000          1,000 |
|                                                                       |
|   108--23--6     Isopropyl Chlo                                       |
| roformate                                        1,000          1,000 |
|                                                                       |
|   108--91--8     Cyclohexylamine                                      |
|                                     f           10,000         10,000 |
|                                                                       |
|   108--95--2     Phenol                                               |
|                                             1,000          500/10,000 |
|                                                                       |
|   108--98--5     Thiophenol                                           |
|                                                    100            500 |
|                                                                       |
|   109--61--5     Propyl Chlor                                         |
| oformate                                           500            500 |
|                                                                       |
|   109--77--3     Malononitrile                                        |
|                                             1,000          500/10,000 |
|                                                                       |
|   110--00--9     Furan                                                |
|                                                    100            500 |
|                                                                       |
|   110--57--6     Trans-1,4-Di                                         |
| chlorobutene                                       500            500 |
|                                                                       |
|   110--89--4     Piperidine                                           |
|                                                  1,000          1,000 |
|                                                                       |
|   111--44--4     Dichloroethyl E                                      |
| ther                                            10             10,000 |
|                                                                       |
|   111--69--3     Adiponitrile                                         |
|                                      f           1,000          1,000 |
|                                                                       |
|   115--21--9     Trichloroeth                                         |
| ylsilane                               d           500            500 |
|                                                                       |
|   115--26--4     Dimefox                                              |
|                                                    500            500 |
|                                                                       |
|   115--29--7     Endosulfan                                           |
|                                              1              10/10,000 |
|                                                                       |
|   115--90--2     Fensulfothio                                         |
| n                                      d           500            500 |
|                                                                       |
|   116--06--3     Aldicarb                                             |
|                                 b           1              100/10,000 |
|                                                                       |
|   119--38--0     Isopropylmet                                         |
| hyl-pyrazolyl Dimethylcarbamate                    100            500 |
|                                                                       |
|   123--31--9     Hydroquinone                                         |
|                                 f           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     Methacryloni                                         |
| trile                                  d           1,000          500 |
|                                                                       |
|   129--00--0     Pyrene                                               |
|                               b           5,000          1,000/10,000 |
|                                                                       |
|   129--06--6     Warfarin Sodium                                      |
|                                 d           100            100/10,000 |
|                                                                       |
|   140--29--4     Benzyl Cyani                                         |
| de                                     d           500            500 |
|                                                                       |
|   140--76--1     Pyridine, 2-                                         |
| Methyl-5-Vinyl-                                    500            500 |
|                                                                       |
|   141--66--2     Dicrotophos                                          |
|                                                    100            100 |
|                                                                       |
|   143--33--9     Sodium Cyani                                         |
| de (Na(CN))                            a           10             100 |
|                                                                       |
|   144--49--0     Fluoroacetic Acid                                    |
|                                              10             10/10,000 |
|                                                                       |
|   149--74--6     Dichloromethyl                                       |
| phenylsilane                                     1,000          1,000 |
|                                                                       |
|   151--38--2     Methoxyethylmercuri                                  |
| c Acetate                                   500            500/10,000 |
|                                                                       |
|   151--50--8     Potassium Cy                                         |
| anide                                  a           10             100 |
|                                                                       |
|   151--56--4     Ethyleneimin                                         |
| e                                                  1              500 |
|                                                                       |
|   152--16--9     Diphosphoram                                         |
| ide, Octamethyl-                                   100            100 |
|                                                                       |
|   297--78--9     Isobenzan                                            |
|                                             100            100/10,000 |
|                                                                       |
|   297--97--2     Thionazin                                            |
|                                                    100            500 |
|                                                                       |
|   298--00--0     Parathion-Methyl                                     |
|                                 b           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, Dihydroc                                    |
| hloride                           d           1              1/10,000 |
|                                                                       |
|   327--98--0     Trichloronat                                         |
| e                                      e           500            500 |
|                                                                       |
|   353--42--4     Boron Trifluor                                       |
| ide Compound With Methyl Ether (1:1)             1,000          1,000 |
|                                                                       |
|   359--06--8     Fluoroacety                                          |
| l Chloride                              b           10             10 |
|                                                                       |
|   371--62--0     Ethylene Fl                                          |
| uorohydrin                              b, d        10             10 |
|                                                                       |
|   379--79--3     Ergotamine Tartrate                                  |
|                                             500            500/10,000 |
|                                                                       |
|   465--73--6     Isodrin                                              |
|                                             1              100/10,000 |
|                                                                       |
|   470--90--6     Chlorfenvinf                                         |
| os                                                 500            500 |
|                                                                       |
|   502--39--6     Methylmercuric Dicy                                  |
| anamide                                     500            500/10,000 |
|                                                                       |
|   504--24--5     Pyridine, 4-Amino-                                   |
|                                 d           1,000          500/10,000 |
|                                                                       |
|   505--60--2     Mustard Gas                                          |
|                                        d           500            500 |
|                                                                       |
|   506--61--6     Potassium Si                                         |
| lver Cyanide                           a           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     Tetranitrome                                         |
| thane                                              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-C                                         |
| hloroethyl)Amine                       d           500            500 |
|                                                                       |
|   541--25--3     Lewisite                                             |
|                                         b, d        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                                 d           10             100 |
|                                                                       |
|   542--90--5     Ethylthiocyanat                                      |
| e                                               10,000         10,000 |
|                                                                       |
|   555--77--1     Tris(2-Chlor                                         |
| oethyl)Amine                           d           100            100 |
|                                                                       |
|   556--61--6     Methyl Isoth                                         |
| iocyanate                              a           500            500 |
|                                                                       |
|   556--64--9     Methyl Thiocyan                                      |
| ate                                             10,000         10,000 |
|                                                                       |
|   558--25--8     Methanesulfony                                       |
| l Fluoride                                       1,000          1,000 |
|                                                                       |
|   563--12--2     Ethion                                               |
|                                                  10             1,000 |
|                                                                       |
|   563--41--7     Semicarbazide Hydroch                                |
| loride                                    1,000          1,000/10,000 |
|                                                                       |
|   584--84--9     Toluene 2,4-                                         |
| Diisocyanate                                       100            500 |
|                                                                       |
|   594--42--3     Perchloromet                                         |
| hylmercaptan                                       100            500 |
|                                                                       |
|   597--64--8     Tetraethylti                                         |
| n                                      b           100            100 |
|                                                                       |
|   614--78--8     Thiourea, (2-Methyl                                  |
| phenyl)-                                    500            500/10,000 |
|                                                                       |
|   624--83--9     Methyl Isocy                                         |
| anate                                              10             500 |
|                                                                       |
|   627--11--2     Chloroethyl Ch                                       |
| loroformate                                      1,000          1,000 |
|                                                                       |
|   630--60--4     Ouabain                                              |
|                                 b           100            100/10,000 |
|                                                                       |
|   639--58--7     Triphenyltin Chlori                                  |
| de                                          500            500/10,000 |
|                                                                       |
|   640--19--7     Fluoroacetamide                                      |
|                                             100            100/10,000 |
|                                                                       |
|   644--64--4     Dimetilan                                            |
|                                             1              500/10,000 |
|                                                                       |
|   675--14--9     Cyanuric Flu                                         |
| oride                                              100            100 |
|                                                                       |
|   676--97--1     Methyl Phosp                                         |
| honic Dichloride                       a           100            100 |
|                                                                       |
|   696--28--6     Phenyl Dichl                                         |
| oroarsine                              d           1              500 |
|                                                                       |
|   760--93--0     Methacrylic                                          |
| Anhydride                                          500            500 |
|                                                                       |
|   786--19--6     Carbophenoth                                         |
| ion                                                500            500 |
|                                                                       |
|   814--49--3     Diethyl Chlo                                         |
| rophosphate                            d           500            500 |
|                                                                       |
|   814--68--6     Acrylyl Chlo                                         |
| ride                                   d           100            100 |
|                                                                       |
|   824--11--3     Trimethylolpropane                                   |
| Phosphite                       d           100            100/10,000 |
|                                                                       |
|   900--95--8     Stannane, Acetoxytr                                  |
| iphenyl-                        c           500            500/10,000 |
|                                                                       |
|   919--86--8     Demeton-S-Me                                         |
| thyl                                               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     Triethoxysil                                         |
| ane                                                500            500 |
|                                                                       |
|   999--81--5     Chlormequat Chlorid                                  |
| e                               d           100            100/10,000 |
|                                                                       |
|   1031--47--6    Triamiphos                                           |
|                                             500            500/10,000 |
|                                                                       |
|   1066--45--1    Trimethyltin Chlori                                  |
| de                                          500            500/10,000 |
|                                                                       |
|   1122--60--7    Nitrocyclohe                                         |
| xane                                               500            500 |
|                                                                       |
|   1124--33--0    Pyridine, 4-Nitro-,                                  |
| 1-Oxide                                     500            500/10,000 |
|                                                                       |
|   1129--41--5    Metolcarb                                            |
|                                             1,000          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 Phosphi                                         |
| de                                     a           100            500 |
|                                                                       |
|   1327--53--3    Arsenous Oxide                                       |
|                                 d           1              100/10,000 |
|                                                                       |
|   1397--94--0    Antimycin A                                          |
|                               b           1,000          1,000/10,000 |
|                                                                       |
|   1420--07--1    Dinoterb                                             |
|                                             500            500/10,000 |
|                                                                       |
|   1464--53--5    Diepoxybutan                                         |
| e                                                  10             500 |
|                                                                       |
|   1558--25--4    Trichloro(Ch                                         |
| loromethyl)Silane                                  100            100 |
|                                                                       |
|   1563--66--2    Carbofuran                                           |
|                                              10             10/10,000 |
|                                                                       |
|   1600--27--7    Mercuric Acetate                                     |
|                                             500            500/10,000 |
|                                                                       |
|   1622--32--8    Ethanesulfon                                         |
| yl Chloride, 2-Chloro-                             500            500 |
|                                                                       |
|   1752--30--3    Acetone Thiosemicarba                                |
| zide                                      1,000          1,000/10,000 |
|                                                                       |
|   1910--42--5    Paraquat Dichlorid                                   |
| e                                            10             10/10,000 |
|                                                                       |
|   1982--47--4    Chloroxuron                                          |
|                                             500            500/10,000 |
|                                                                       |
|   2001--95--8    Valinomycin                                          |
|                               b           1,000          1,000/10,000 |
|                                                                       |
|   2032--65--7    Methiocarb                                           |
|                                             10             500/10,000 |
|                                                                       |
|   2074--50--2    Paraquat Methosulf                                   |
| ate                                          10             10/10,000 |
|                                                                       |
|   2097--19--0    Phenylsilatrane                                      |
|                                 d           100            100/10,000 |
|                                                                       |
|   2104--64--5    EPN                                                  |
|                                             100            100/10,000 |
|                                                                       |
|   2223--93--0    Cadmium Stearate                                     |
|                               b           1,000          1,000/10,000 |
|                                                                       |
|   2231--57--4    Thiocarbazide                                        |
|                                           1,000          1,000/10,000 |
|                                                                       |
|   2238--07--5    Diglycidyl Eth                                       |
| er                                               1,000          1,000 |
|                                                                       |
|   2275--18--5    Prothoate                                            |
|                                             100            100/10,000 |
|                                                                       |
|   2497--07--6    Oxydisulfoto                                         |
| n                                      d           500            500 |
|                                                                       |
|   2524--03--0    Dimethyl Pho                                         |
| sphorochloridothioate                              500            500 |
|                                                                       |
|   2540--82--1    Formothion                                           |
|                                                    100            100 |
|                                                                       |
|   2570--26--5    Pentadecylamine                                      |
|                                             100            100/10,000 |
|                                                                       |
|   2587--90--8    Phosphorothi                                         |
| oic Acid,                              b, c        500            500 |
|                  O,O-Dimet                                            |
| hyl-S-(2-Methylthio) Ethyl Ester                                      |
|                                                                       |
|   2631--37--0    Promecarb                                            |
|                                 d           1,000          500/10,000 |
|                                                                       |
|   2636--26--2    Cyanophos                                            |
|                                                  1,000          1,000 |
|                                                                       |
|   2642--71--9    Azinphos-Ethyl                                       |
|                                             100            100/10,000 |
|                                                                       |
|   2665--30--7    Phosphonothi                                         |
| oic Acid, Methyl-, O-(4-Nitrophenyl)               500            500 |
|                  O-Phenyl                                             |
| Ester                                                                 |
|                                                                       |
|   2703--13--1    Phosphonothi                                         |
| oic Acid, Methyl-, O-Ethyl                         500            500 |
|                  O-(4-(Met                                            |
| hylthio)Phenyl) Ester                                                 |
|                                                                       |
|   2757--18--8    Thallous Malonate                                    |
|                                 b, d        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-Ami                                       |
| nobutyl)Diethoxymethyl-                          1,000          1,000 |
|                                                                       |
|   3254--63--5    Phosphoric A                                         |
| cid, Dimethyl 4-(Methylthio)Phenyl                 500            500 |
|                  Ester                                                |
|                                                                       |
|                                                                       |
|   3569--57--1    Sulfoxide, 3                                         |
| -Chloropropyl Octyl                                500            500 |
|                                                                       |
|   3615--21--2    Benzimidazole, 4,5-                                  |
| Dichloro-2-(Trifluoromethyl)-   c           500            500/10,000 |
|                                                                       |
|   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 Phenk                                         |
| apton                                              500            500 |
|                                                                       |
|   3878--19--1    Fuberidazole                                         |
|                                             100            100/10,000 |
|                                                                       |
|   4044--65--9    Bitoscanate                                          |
|                                             500            500/10,000 |
|                                                                       |
|   4098--71--9    Isophorone D                                         |
| iisocyanate                            g           500            500 |
|                                                                       |
|   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′-Thiobi                                  |
| s(4-Chloro-6-Methyl)-                       100            100/10,000 |
|                                                                       |
|   4835--11--4    Hexamethylen                                         |
| ediamine, N,N′-Dibutyl-                            500            500 |
|                                                                       |
|   5344--82--1    Thiourea, (2-Chloro                                  |
| phenyl)-                                    100            100/10,000 |
|                                                                       |
|   5836--29--3    Coumatetralyl                                        |
|                                             500            500/10,000 |
|                                                                       |
|   6533--73--9    Thallous Carbonate                                   |
|                                 b, d        100            100/10,000 |
|                                                                       |
|   6923--22--4    Monocrotophos                                        |
|                                              10             10/10,000 |
|                                                                       |
|   7446--09--5    Sulfur Dioxi                                         |
| de                                     f           500            500 |
|                                                                       |
|   7446--11--9    Sulfur Triox                                         |
| ide                                    a           100            100 |
|                                                                       |
|   7446--18--6    Thallous Sulfate                                     |
|                                             100            100/10,000 |
|                                                                       |
|   7487--94--7    Mercuric Chloride                                    |
|                                             500            500/10,000 |
|                                                                       |
|   7550--45--0    Titanium Tet                                         |
| rachloride                                         1,000          100 |
|                                                                       |
|   7580--67--8    Lithium Hydr                                         |
| ide                                    a           100            100 |
|                                                                       |
|   7631--89--2    Sodium Arsenate                                      |
|                                           1              1,000/10,000 |
|                                                                       |
|   7637--07--2    Boron Triflu                                         |
| oride                                              500            500 |
|                                                                       |
|   7647--01--0    Hydrogen Chl                                         |
| oride (gas only)                       f           5,000          500 |
|                                                                       |
|   7664--39--3    Hydrogen Flu                                         |
| oride                                              100            100 |
|                                                                       |
|   7664--41--7    Ammonia                                              |
|                                        f           100            500 |
|                                                                       |
|   7664--93--9    Sulfuric Acid                                        |
|                                                  1,000          1,000 |
|                                                                       |
|   7697--37--2    Nitric Acid                                          |
|                                                  1,000          1,000 |
|                                                                       |
|   7719--12--2    Phosphorus Tri                                       |
| chloride                                         1,000          1,000 |
|                                                                       |
|   7722--84--1    Hydrogen Perox                                       |
| ide (Conc \> 52%)                    f           1,000          1,000 |
|                                                                       |
|   7723--14--0    Phosphorus                                           |
|                                        a, d        1              100 |
|                                                                       |
|   7726--95--6    Bromine                                              |
|                                        f           500            500 |
|                                                                       |
|   7778--44--1    Calcium Arsenate                                     |
|                                             1              500/10,000 |
|                                                                       |
|   7782--41--4    Fluorine                                             |
|                                        e           10             500 |
|                                                                       |
|   7782--50--5    Chlorine                                             |
|                                                    10             100 |
|                                                                       |
|   7783--00--8    Selenious Acid                                       |
|                                           10             1,000/10,000 |
|                                                                       |
|   7783--06--4    Hydrogen Sul                                         |
| fide                                   f           100            500 |
|                                                                       |
|   7783--07--5    Hydrogen Se                                          |
| lenide                                              10             10 |
|                                                                       |
|   7783--60--0    Sulfur Tetra                                         |
| fluoride                                           100            100 |
|                                                                       |
|   7783--70--2    Antimony Pen                                         |
| tafluoride                                         500            500 |
|                                                                       |
|   7783--80--4    Tellurium He                                         |
| xafluoride                             e           100            100 |
|                                                                       |
|   7784--34--1    Arsenous Tri                                         |
| chloride                                           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                                    |
|                                 b, d        100            100/10,000 |
|                                                                       |
|   7791--23--3    Selenium Oxy                                         |
| chloride                                           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 O                                         |
| xychloride                                         1,000          500 |
|                                                                       |
|   10026--13--8   Phosphorus P                                         |
| entachloride                           a           500            500 |
|                                                                       |
|   10028--15--6   Ozone                                                |
|                                                    100            100 |
|                                                                       |
|   10031--59--1   Thallium Sulfate                                     |
|                                 d           100            100/10,000 |
|                                                                       |
|   10102--18--8   Sodium Selenite                                      |
|                                 d           100            100/10,000 |
|                                                                       |
|   10102--20--2   Sodium Tellurite                                     |
|                                             500            500/10,000 |
|                                                                       |
|   10102--43--9   Nitric Oxide                                         |
|                                        b           10             100 |
|                                                                       |
|   10102--44--0   Nitrogen Dio                                         |
| xide                                               10             100 |
|                                                                       |
|   10124--50--2   Potassium Arsenite                                   |
|                                             1              500/10,000 |
|                                                                       |
|   10140--87--1   Ethanol, 1,2-D                                       |
| ichloro-, Acetate                                1,000          1,000 |
|                                                                       |
|   10210--68--1   Cobalt Carbonyl                                      |
|                                  d           10             10/10,000 |
|                                                                       |
|   10265--92--6   Methamidophos                                        |
|                                             100            100/10,000 |
|                                                                       |
|   10294--34--5   Boron Trichl                                         |
| oride                                              500            500 |
|                                                                       |
|   10311--84--9   Dialifor                                             |
|                                             100            100/10,000 |
|                                                                       |
|   10476--95--6   Methacrolein D                                       |
| iacetate                                         1,000          1,000 |
|                                                                       |
|   12002--03--8   Paris Green                                          |
|                                             1              500/10,000 |
|                                                                       |
|   12108--13--3   Manganese, T                                         |
| ricarbonyl Methylcyclopentadienyl      d           100            100 |
|                                                                       |
|   13071--79--9   Terbufosh                                            |
|                                        d           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 Car                                           |
| bonyl                                                10             1 |
|                                                                       |
|   13463--40--6   Iron, Pentac                                         |
| arbonyl-                                           100            100 |
|                                                                       |
|   14167--18--1   Salcomine                                            |
|                                             500            500/10,000 |
|                                                                       |
|   15271--41--7   Bicyclo\[2.2.1\]Hep                                  |
| tane-2-Carbonitrile,                        500            500/10,000 |
|                  5-Chloro-                                            |
| 6-((((Methylamino)Carbonyl)Oxy)Imino)-,                               |
|                  (1s-(1-al                                            |
| pha,2-beta,4-alpha,5-alpha,6E))-                                      |
|                                                                       |
|   16752--77--5   Methomyl                                             |
|                                 d           100            500/10,000 |
|                                                                       |
|   17702--41--9   Decaborane(14)                                       |
|                                             500            500/10,000 |
|                                                                       |
|   17702--57--7   Formparanate                                         |
|                                             100            100/10,000 |
|                                                                       |
|   19287--45--7   Diborane                                             |
|                                                    100            100 |
|                                                                       |
|   19624--22--7   Pentaborane                                          |
|                                                    500            500 |
|                                                                       |
|   20830--75--5   Digoxin                                              |
|                                  d           10             10/10,000 |
|                                                                       |
|   20859--73--8   Aluminum Pho                                         |
| sphide                                 a           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   Chlorthiopho                                         |
| s                                      d           500            500 |
|                                                                       |
|   22224--92--6   Fenamiphos                                           |
|                                              10             10/10,000 |
|                                                                       |
|   23135--22--0   Oxamyl                                               |
|                                             100            100/10,000 |
|                                                                       |
|   23422--53--9   Formetanate Hydroch                                  |
| loride                          d           100            500/10,000 |
|                                                                       |
|   23505--41--1   Pirimifos-Ethy                                       |
| l                                                1,000          1,000 |
|                                                                       |
|   24017--47--8   Triazofos                                            |
|                                                    500            500 |
|                                                                       |
|   24934--91--6   Chlormephos                                          |
|                                                    500            500 |
|                                                                       |
|   26419--73--8   Carbamic Acid, Meth                                  |
| yl-, O-(((2,4-Dimethyl-1,                   100            100/10,000 |
|                  3-Dithiol                                            |
| an-2-yl)Methylene)Amino)-                                             |
|                                                                       |
|   26628--22--8   Sodium Azide                                         |
|  (Na(N~3~))                            a           1,000          500 |
|                                                                       |
|   27137--85--5   Trichloro(Di                                         |
| chlorophenyl)Silane                                500            500 |
|                                                                       |
|   28347--13--9   Xylylene Dichloride                                  |
|                                             100            100/10,000 |
|                                                                       |
|   28772--56--7   Bromadiolone                                         |
|                                             100            100/10,000 |
|                                                                       |
|   30674--80--7   Methacryloyl                                         |
| oxyethyl Isocyanateh                               100            100 |
|                                                                       |
|   39196--18--4   Thiofanox                                            |
|                                             100            100/10,000 |
|                                                                       |
|   50782--69--9   Phosphonothi                                         |
| oic Acid, Methyl-,                                 100            100 |
|                  S-(2-(Bis                                            |
| (1-Methylethyl)Amino)Ethyl) O-Ethyl Ester                             |
|                                                                       |
|   53558--25--1   Pyriminil                                            |
|                                 d           100            100/10,000 |
|                                                                       |
|   58270--08--9   Zinc, Dichloro(4,4-                                  |
| Dimethyl-5((((Methylamino)                  100            100/10,000 |
|                  Carbonyl)                                            |
| Oxy)Imino)Pentanenitrile)-, (T-4)-                                    |
|                                                                       |
|   62207--76--5   Cobalt, ((2,2′-(1,2                                  |
| -Ethanediylbis                              100            100/10,000 |
|                  (Nitrilom                                            |
| ethylidyne)) Bis(6-Fluorophenolato))                                  |
|                  (2-)-N,N′                                            |
| ,O,O′)-                                                               |
|   -------------- -----------------------                              |
| --------------------------- ----------- -------------- -------------- |
|                                                                       |
| \*Only the statutory or final RQ is shown. For more information,      |
| *see* 40 CFR 355.61.                                                  |
|                                                                       |
| Notes:                                                                |
|                                                                       |
| a\. This material is a reactive solid. The TPQ does not default to    |
| 10,000 pounds for non-powder, non-molten, non-solution form.          |
|                                                                       |
| b\. The calculated TPQ changed after technical review as described in |
| a technical support document for the final rule, April 22, 1987.      |
|                                                                       |
| c\. Chemicals added by final rule, April 22, 1987                     |
|                                                                       |
| d\. Revised TPQ based on new or re-evaluated toxicity data, April 22, |
| 1987.                                                                 |
|                                                                       |
| e\. The TPQ was revised due to calculation error, April 22, 1987.     |
|                                                                       |
| f\. Chemicals on the original list that do not meet toxicity criteria |
| but because of their acute lethality, high production volume and      |
| known risk are considered chemicals of concern ("Other chemicals").   |
| (November 17, 1986 and February 15, 1990.)                            |
|                                                                       |
| g\. The TPQ was recalculated (September 8, 2003) since it was         |
| mistakenly calculated in the April 22, 1987 final rule under the      |
| wrong assumption that this chemical is a reactive solid, when in fact |
| it is a liquid. RQ for this chemical was adjusted on September 11,    |
| 2006.                                                                 |
+-----------------------------------------------------------------------+

2\. Part 370 is revised to read as follows:

**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 \[Reserved\]

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 with specific location information about hazardous
chemicals at my facility?

370.66 How are key words in this part defined?

**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**

**§ 370.1 What is the purpose of this part?**

\(a\) This part (40 CFR part 370) establishes reporting requirements for
providing 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 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.

**§ 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.

**§ 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 §370.66. 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.

**Subpart B\--Who Must Comply**

**§ 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 Administration's (OSHA) Hazard
Communication Standard (HCS) 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 500 pounds (227 kg - approximately 55 gallons) or
> the Threshold Planning Quantity (TPQ), whichever is lower. EHSs and
> their TPQs are listed in Appendices A and B of 40 CFR part 355.
>
> \(2\) A hazardous chemical that is not an EHS 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:
>
> \(i\) For any hazardous chemical that does not meet the criteria in
> paragraph (a)(2)(ii) or (iii) of this section, the threshold level is
> 10,000 pounds (or 4,540 kg).
>
> \(ii\) For gasoline at a retail gas station, the threshold level is
> 75,000 gallons (approximately 283,900 liters) (all grades combined).
> This threshold is only applicable for gasoline that was in tank(s)
> entirely underground and was in compliance at all times during the
> preceding calendar year with all applicable Underground Storage Tank
> (UST) requirements at 40 CFR part 280 or requirements of the state UST
> program approved by the Agency under 40 CFR part 281.
>
> \(iii\) For diesel fuel at a retail gas station, the threshold level
> is 100,000 gallons (approximately 378,500 liters) (all grades
> combined). This threshold is only applicable for diesel fuel that was
> in tank(s) entirely underground and was in compliance at all times
> during the preceding calendar year with all applicable Underground
> Storage Tank (UST) requirements at 40 CFR part 280 or requirements of
> the state UST program approved by the Agency under 40 CFR part 281.
>
> *For purposes of this part, retail gas station means a retail facility
> engaged in selling gasoline and/or diesel fuel principally to the
> public, for motor vehicle use on land.*

(b) The threshold level for responding to the following requests is
    zero.

    1.  If your LEPC requests that you submit an MSDS for a hazardous
        chemical for which you have not submitted an MSDS to your LEPC;
        or

    2.  If your LEPC, SERC, or the fire department with jurisdiction
        over your facility requests that you submit Tier II information.

**§ 370.11 \[Reserved\]**

**§ 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 HCS that is present at your
facility equal to or above the applicable threshold specified in
§370.10. (Specific exemptions from reporting are in §370.13.)

The EPA has not issued a list of hazardous chemicals subject to
reporting under this part. A substance is a hazardous chemical if it is
required to have an MSDS and meets the definition of hazardous chemical
under the OSHA regulations found at 29 CFR 1910.1200(c).

**§ 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.

**§ 370.14 How do I report mixtures containing hazardous chemicals?**

\(a\) 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:

+----------------+--------------------------+--------------------------+
| **If your      | **To determine if the    | **If the threshold level |
| mixture        | threshold level for that | for that hazardous       |
| contains a     | hazardous chemical is    | chemical is exceeded     |
| hazardous      | equaled or exceeded you  | then you must**          |
| chemical**     | must**                   |                          |
+----------------+--------------------------+--------------------------+
| \(1\) That is  | Determine the total      | Report the EHS           |
| an EHS         | quantity of the EHS      | component---submit an    |
|                | present throughout your  | MSDS for the EHS (or     |
|                | facility at any one      | include the EHS on the   |
|                | time, by adding together | list of chemicals        |
|                | the quantity present as  | submitted in lieu of the |
|                | a component in all       | MSDSs), as provided      |
|                | mixtures and all other   | under §370.30, and       |
|                | quantities of the EHS    | submit Tier I (or Tier   |
|                | (you must include the    | II) information for the  |
|                | quantity present in a    | EHS, as provided under   |
|                | mixture even if you are  | §370.40                  |
|                | also counting the        | **[or]{.underline}**     |
|                | quantity of that         | report the mixture       |
|                | particular mixture       | itself---submit an MSDS  |
|                | toward the threshold     | for the mixture (or      |
|                | level for that mixture). | include the mixture on   |
|                |                          | the list of chemicals    |
|                |                          | submitted in lieu of the |
|                |                          | MSDSs), as provided      |
|                |                          | under §370.30, and       |
|                |                          | submit Tier I (or Tier   |
|                |                          | II) information for the  |
|                |                          | mixture, as provided     |
|                |                          | under §370.40.           |
|                |                          |                          |
|                |                          | If you report the        |
|                |                          | mixture itself, then     |
|                |                          | provide the total        |
|                |                          | quantity of that         |
|                |                          | mixture.                 |
+----------------+--------------------------+--------------------------+
| \(2\) That is  | Determine either: The    | Report the non-EHS       |
| not an EHS     | total quantity of the    | hazardous chemical       |
|                | hazardous chemical       | component---submit an    |
|                | present throughout your  | MSDS for the non-EHS     |
|                | facility at any one time | hazardous chemical (or   |
|                | by adding together the   | include the non-EHS on   |
|                | quantity present as a    | the list of chemicals    |
|                | component in all         | submitted in lieu of the |
|                | mixtures and all other   | MSDSs), as provided      |
|                | quantities of the        | under §370.30, and       |
|                | hazardous chemical (you  | submit Tier I (or Tier   |
|                | must include the         | II) information for the  |
|                | quantity present in a    | non-EHS hazardous        |
|                | mixture even if you are  | chemical as provided     |
|                | also applying that       | under §370.40            |
|                | particular mixture as a  | **[or]{.underline}**     |
|                | whole toward the         | report the mixture       |
|                | threshold level for that | itself---submit an MSDS  |
|                | mixture)                 | for the mixture (or      |
|                | **[or]{.underline}** the | include the mixture on   |
|                | total quantity of that   | the list of chemicals    |
|                | mixture present          | submitted in lieu of     |
|                | throughout your facility | MSDSs), as provided      |
|                | at any one time.         | under §370.30, and       |
|                |                          | submit Tier I (or Tier   |
|                |                          | II) information for the  |
|                |                          | mixture, as provided     |
|                |                          | under §370.40.           |
|                |                          |                          |
|                |                          | If you report the        |
|                |                          | mixture itself, then     |
|                |                          | provide the total        |
|                |                          | quantity of that         |
|                |                          | mixture.                 |
+----------------+--------------------------+--------------------------+

\(b\) For each specific mixture, the reporting option used must be
consistent for both MSDS and inventory reporting, unless it is not
possible to do so. 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 it is not possible). MSDS
reporting and inventory reporting are discussed in detail in subpart C
of this part.

\(c\) To determine the quantity of an EHS or a non-EHS 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.

**Subpart C\--Reporting Requirements**

**§ 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 §§370.30 through 370.33. Inventory reporting
requirements are addressed in §§370.40 through 370.45.

**How to Comply With MSDS Reporting**

**§ 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 meet or exceed the applicable threshold levels (threshold levels
are in §370.10) by either:

> \(1\) Submitting an MSDS for each hazardous chemical present at your
> facility that meet or exceed its applicable threshold level; **or**
>
> \(2\) Submitting a list of all hazardous chemicals present at your
> facility at or above the applicable threshold levels. The hazardous
> chemicals on your list must be grouped by Hazard Category as defined
> under §370.66. The list must contain the chemical or common name of
> each hazardous chemical as provided on the MSDS.

\(b\) Within 30 days of a request by the LEPC (as provided in
§370.10(b)), you must also submit an MSDS for any hazardous chemical
present at your facility for which you have not submitted an MSDS.

**§ 370.31 Do I have to update the information?**

MSDS reporting stated in §370.30 is a one-time requirement. However, you
must update the information in all of the following ways:

\(a\) Submit a revised MSDS after you discover significant new
information concerning a hazardous chemical for which an MSDS was
submitted.

\(b\) Submit an MSDS, or a list as described in §370.30(a), for any new
hazardous chemical for which you become subject to these reporting
requirements.

\(c\) Submit, as requested by the LEPC, an MSDS for any hazardous
chemical present at your facility which you have not already submitted,
as provided in §370.30(b).

**§ 370.32 To whom must I submit the informatio**n?

\(a\) You must submit an MSDS or list, as provided in §370.30(a), to the
LEPC, the SERC, and the fire department with jurisdiction over your
facility.

\(b\) You must submit an MSDS requested by the LEPC, as provided in
§370.30(b), to the LEPC.

**§ 370.33 When must I submit the information?**

\(a\) You must submit an MSDS or a list, as provided in §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 §§370.30 and
370.31(b)).

\(b\) You must submit a revised MSDS, as provided in §370.31(a), within
3 months after discovering significant new information about a hazardous
chemical for which an MSDS was submitted.

\(c\) You must submit an MSDS requested by the LEPC, as provided in
§§370.30(b) and 370.31(c), within 30 days of receiving the request.

**How to Comply With Inventory Reporting**

**§ 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 by March 1 every year you must
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 §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 as described in §370.41. You may choose to report the Tier II
information described in §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.
EPA publishes Tier I and Tier II Inventory Forms that provide 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 described in
§370.41. EPA's Tier I and Tier II forms are available at
www.epa.gov/oem.

*Note to paragraph (b): Some States require Tier II information annually
under State law.*

\(c\) You should contact the SERC to determine that State's requirements
for inventory reporting formats, procedures, and to obtain inventory
forms.

**§ 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 370.66. 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 Tier I submission is true, accurate, and
complete as follows: "I certify under penalty of law that I have
personally examined and am familiar with the information 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. 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.
>
> \(i\) 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 §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 §370.43.
>
> \(k\) The maximum number of days that any single hazardous chemical
> within each hazard category was present at your facility during the
> reporting period.
>
> \(l\) 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 to indicate
> the locations of the chemicals.

**§ 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:

\(a\) Certification. The owner or operator or the officially designated
representative of the owner or operator must certify that all
information included in the Tier II submission is true, accurate, and
complete as follows: "I certify under penalty of law that I have
personally examined and am familiar with the information 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:

> \(1\) Provide the chemical name or the common name of the chemical as
> provided on the Material Safety Data Sheet and its 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
>
> §370.64(a).
>
> \(2\) Indicate whether the chemical is: 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, provide the
> chemical name of each EHS in the mixture.
>
> \(4\) Indicate which hazard categories apply to the chemical. The five
> hazard categories are defined in §370.66.
>
> \(5\) Provide 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 §370.43.
>
> \(6\) Provide 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 §370.43.
>
> \(7\) The maximum number of days that the hazardous chemical was
> present at your facility during the preceding calendar year.
>
> \(8\) Provide a brief description of the precise location of the
> hazardous chemical at your facility. Alternatively, you may attach a
> site plan that notes locations, coordinates or a list of site
> coordinate abbreviations where hazardous chemicals are located.
>
> Under EPCRA section 324, you may choose to withhold from disclosure to
> the public the location information for a specific chemical. 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, a
> description of dikes and other safeguard measures for each location
> listed. You must use codes that correspond to different storage types
> and temperature and pressure conditions. The storage codes are in
> §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.

**§ 370.43 What codes are used to report Tier I and Tier II inventory
information?**

\(a\) *Weight range codes*. Except as provided in paragraph (d) of this
section, 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 More 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*. Except as provided in paragraph (d) of this
section, 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

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\(c\) *Storage condition codes*. Except as provided in paragraph (d) of
this section, 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.

**§ 370.44 To whom must I submit the inventory information?**

You must submit the required inventory information to your SERC, LEPC,
and fire department with jurisdiction over your facility.

**§ 370.45 When must I submit the inventory information?**

\(a\) You must submit the required inventory information on or before
March 1 (beginning in 1988 or beginning after your facility first
becomes subject to this part), and on or before 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 §370.10. The minimum required inventory information under
EPCRA section 312 is Tier I information. Tier I information requirements
are described in §370.41.

\(b\) You must submit Tier II information within 30 days of the receipt
of a request from the SERC, LEPC, or the fire department having
jurisdiction over your facility, as provided in §370.10(b). Tier II
information requirements are described in §370.42.

**Subpart D\--Community Access to Information**

**§ 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 it.

\(a\) 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.

**§ 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 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 in amounts greater than
> 10,000 pounds stored at the facility 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 owner or operator when 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.

**§ 370.62 What information may a State or local official request from a
facility?**

The LEPC may ask a facility 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 owner
or operator to submit Tier II information. The owner or operator must
provide 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.

**§ 370.63 What responsibilities do the SERC and the LEPC have to make
requested**

**information available?**

Under this subpart, the SERC or LEPC must make the following information
(except for confidential location information discussed in §370.64(b))
available if a person requests it:

\(a\) 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.

**§ 370.64 What information can I claim as trade secret or
confidential?**

\(a\) *Trade secrets*. You may be able to withhold the name of a
specific chemical when submitting MSDS reporting or inventory reporting
information if that chemical name 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. 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. A Form
for substantiating trade secret claims is available at the Agency
website at www.epa.gov/oem.

\(b\) *Confidential location information*. You may request that the SERC
or the LEPC not disclose to the public the location of any specific
chemical required to be submitted in Tier II information. If you make
such a request, the SERC or LEPC must not disclose the location of the
specific chemical. If you use the Tier II Form to report your inventory
information, you can choose to report confidential location information
for a specific chemical on the Confidential Location Information Sheet,
which must be attached to the other Tier II information you are
reporting. Although you may request 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. The Confidential Location Information Sheet is available on
the Agency website at www.epa.gov/oem.

**§ 370.65 Must I allow the local fire department to inspect my facility
and must I provide 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 an on-site
inspection of your facility; and

\(b\) You must provide the fire department with information about the
specific locations of hazardous chemicals at your facility.

**§ 370.66 How are key words in this part defined?**

***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 Emergency Planning and Community Right-To-Know Act
of 1986.

***Extremely hazardous substance (EHS**)* means a substance listed in
Appendices A and B of 40 CFR part 355.

***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.

***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:

\(1\) 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 a 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.

***Indian Country*** means Indian country as defined in 18 U.S.C. 1151
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.

***Inventory form*** means the uniform Tier I and Tier II emergency and
hazardous chemical inventory forms published by EPA. These forms can be
used for reporting inventory information, as described in 40 CFR 370.40
through 370.45.

***LEPC*** 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 mixture as defined under the Occupational Safety and
Health Administration\'s Hazard Communication Standard in 29 CFR
1910.1200(c).

***OSHA*** means the U.S. Occupational Safety and Health Administration.

***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.

***SERC*** means the State Emergency Response Commission for the State
in which the facility is located except when 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 a SERC 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 40 CFR part 355, the quantity listed in the column
"threshold planning quantity\'\' for that substance.