40 CFR Part 372

Subpart A - General Provisions

 372.1  Scope and purpose.

	This part sets forth requirements for the submission of information relating to the release of toxic chemicals under section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986.  The information collected under this Part is intended to inform the general public and the communities surrounding covered facilities about releases of toxic chemicals, to assist research, to aid in the development of regulations, guidelines, and standards, and for other purposes.  This Part also sets forth requirements for suppliers to notify persons to whom they distribute mixtures or trade name products containing toxic chemicals that they contain such chemicals.

 372.10  Recordkeeping.

	(a)  Each person subject to the reporting requirements of this Part must retain the following records for a period of 3 years from the date of the submission of a report under  372.30:
	(1)  A copy of the each report submitted by the person under  372.30.
	(2)  All supporting materials and documentation used by the person to make the compliance determination that the facility or establishments is a covered facility under  372.22 or  372.45.
	(3)  Documentation supporting the report submitted under  372.30 including:
	(i)  Documentation supporting any determination that a claimed allowable exemption under  372.38 applies.
	(ii)  Data supporting the determination of whether a threshold under  372.25 applies for each toxic chemical.
	(iii)  Documentation supporting the calculations of the quantity of each toxic chemical released to the environment or transferred to an off-site location.
	(iv)  Documentation supporting the use indications and quantity on site reporting for each toxic chemical, including dates of manufacturing, processing, or use.
	(v)  Documentation supporting the basis of estimate used in developing any release or off-site transfer estimates for each toxic chemical.
	(vi)  Receipts or manifests associated with the transfer of each toxic chemical in waste to off-site locations.
	(vii)  Documentation supporting reported waste treatment methods, estimates of treatment efficiencies, ranges of influent concentration to such treatment, the sequential nature of treatment steps, if applicable, and the actual operating data, if applicable, to support the waste treatment efficiency estimate for each toxic chemical.
	(b)  Each person subject to the notification requirements of this part must retain the following records for a period of 3 years from the date of the submission of a notification under  372.45.
	(1)  All supporting materials and documentation used by the person to determine whether a notice is required under  372.45.
	(2)  All supporting materials and documentation used in developing each required notice under  372.45 and a copy of each notice.   (c)  Records retained under this suction must be maintained at the facility to which the report applies or from which a notification was provided.  Such records must be readily available for purposes of inspection by EPA.
	(d)  Each owner or operator who determines that the owner operator may apply the alternate threshold as specified under  372.27(a) must retain the following records for a period of 3 years from the date of the submission of the certification statement as required under  372.27(b):
	(1)  A copy of each certification statement submitted by the person under  372.27(b).
	(2)  All supporting materials and documentation used by the person to make the compliance determination that the facility or establishment is eligible to apply the alternate threshold as specified in  372.27.
	(3)  Documentation supporting the certification statement submitted under  372.27(b) including:
	(i)  Data supporting the determination of whether the alternate threshold specified under  372.27(a) applies for each toxic chemical.
	(ii)  Documentation supporting the calculation of annual reportable amount, as defined in  372.27(a), for each toxic chemical, including documentation supporting the calculations and the calculations of each data element combined for the annual reportable amount.
	(iii)  Receipts or manifests associated with the transfer of each chemical in waste to off-site locations.

[As amended at 59 FR 61488, Nov. 30, 1994]

	 372.18  Compliance and enforcement.

	Violators of the requirements of this Part shall be liable for a civil penalty in any amount not to exceed $25,000 each day for each violation as provided in section 325(c) of Title III.

		Subpart B -- Reporting Requirements

 372.22  Covered facilities for toxic chemical release reporting.

	A facility that meets all of the following criteria for a calendar year is a covered facility for that calendar year and must report under  372.30.
	(a)  The facility has 10 or more full-time employees.
	(b)  The facility is in Standard Industrial Classification (SIC) (as in effect on January 1, 1987) major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241), or 20 through 39; industry codes 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis) by virtue of the fact that it meets one of the following criteria:   (1)  The facility is an establishment with a primary SIC major group or industry code in the above list.
	(2)  The facility is a multi-establishment complex where all establishments have primary SIC major group or industry codes in the above list.
	(3)  The facility is a multi-establishment complex in which one of the following is true:
	(i)  The sum of the value of services provided and/or products shipped and/or produced from those establishments that have primary SIC major group or industry codes in the above list is greater than 50 percent of the total value of all services provided and/or products shipped from and/or produced by all establishments at the facility.
	(ii)  One establishment having a primary SIC major group or industry code in the above list contributes more in terms of value of services provided and/or products shipped from and/or produced at the facility than any other establishment within the facility.
	(c)  The facility manufactured (including imported), processed, or otherwise used a toxic chemical in excess of an applicable threshold quantity of that chemical set forth in  372.25 or  372.27.

[As amended at 59 FR 61488, Nov. 30, 1994; 62 FR 23834, May 1, 1997]

 372.25  Thresholds for reporting.

	Except as provided in  372.27, the threshold amounts for purposes of reporting under  372.30 for toxic chemicals are as follows:
	(a)  With respect to a toxic chemical manufactured (including imported) or processed at a facility during the following calendar years:
	1987 - 75,000 pounds of the chemical manufactured or processed for the year.
	1988 - 50,000 pounds of the chemical manufactured or processed for the year.
	1989 and thereafter - 25,000 pounds of the chemical manufactured or processed for the year.
	(b)  With respect to a chemical otherwise used at a facility, 10,000 pounds of the chemical used for the applicable calendar year.
	(c)  With respect to activities involving a toxic chemical at a facility, when more than one threshold applies to the activities, the owner or operator of the facility must report if it exceeds any applicable threshold and must report on all activities at the facility involving the chemical, except as provided in  372.38.
	(d)  When a facility manufactures, processes, or otherwise uses more than one member of a chemical category listed in  372.65(c), the owner or operator of the facility must report if it exceeds any applicable threshold for the total volume of all the members of the category involved in the applicable activity.  Any such report must cover all activities at the facility involving members of the category.
	(e)  A facility may process or otherwise use a toxic chemical in a recycle/reuse operation.  to determine whether the facility has processed or used more than an applicable threshold of the chemical, the owner or operator of the facility shall count the amount of the chemical added to the recycle/reuse operation during the calendar year.  In particular, if the facility starts up such an operation during a calendar year, or in the event that the contents of the whole recycle/reuse operation are replaced in a calendar year, the owner or operator of the facility shall also count the amount of the chemical placed into the system at these times.
	(f)  A toxic chemical may be listed in  372.65 with the notation that only persons who manufacture the chemical, or manufacture it by a certain method, are required to report.  In that case, only owners or operators of facilities that manufacture that chemical as described in  372.65 in excess of the threshold applicable to such manufacture in  372.25 are required to report.  In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical so manufactured and releases associated with such manufacturing, but not releases associated with subsequent processing or use of the chemical at that facility.  Owners and operators of facilities that solely process or use such a chemical are not required to report for that chemical.
	(g)  A toxic chemical may be listed in  372.65 with the notation that it is in a specific form (e.g., fume or dust, solution, or friable) or of a specific color (e.g., yellow or white).  In that case, only owners or operators of facilities that manufacture, process, or use that chemical in the form or of the color, specified in  372.65 in excess of the threshold applicable to such activity in  372.25 are required to report.  In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical manufactured, processed, or used in the form or color specified in  372.65 and for releases associated with the chemical in that form or color.  Owners or operators of facilities that solely manufacture, process, or use such a chemical in a form or color other than those specified by  372.65 are not required to report for that chemical.
	(h)  Metal compound categories are listed in  372.65(c).  For purposes of determining whether any of the thresholds specified in  372.25 are met for metal compound category, the owner or operator of a facility must make the threshold determination based on the total amount of all members of the metal compound category manufactured, processed, or used at the facility.  In completing the release portion of the reporting form for releases of the metal compounds, the owner or operator is only required to account for the weight of the parent metal released.  Any contribution to the mass of the release attributable to other portions of each compound in the category is excluded.

[As amended at 59 FR 61488, Nov. 30, 1994]

 372.27  Alternate threshold and certification.

	(a)  With respect to the manufacture, process, or otherwise use of a toxic chemical, the owner or operator of a facility may apply an alternate threshold of 1 million pounds per year to that chemical if the owner or operator calculates that the facility would have an annual reportable amount of that toxic chemical not exceeding 500 pounds for the combined total quantities released at the facility, disposed within the facility, treated at the facility (as represented by amounts destroyed or converted by treatment processes), recovered at the facility as a result of recycle operations, combusted for the purpose of energy recovery at the facility, and amounts transferred from the facility to off-site locations for the purpose of recycle, energy recovery, treatment, and/or disposal.  These volumes correspond to the sum of amounts reportable for data elements on EPA Form R (EPA Form 9350-1; Rev. 12/4/93) as Part II column B or sections 8.1 (quantity released), 8.2 (quantity used for energy recovery on-site), 8.3 (quantity used for energy recovery off-site), 8.4 (quantity recycled on-site), 8.5 (quantity recycled off-site), 8.6 (quantity treated on-site), and 8.7 (quantity treated off-site).
	(b)  If an owner or operator of a facility determines that the owner or operator may apply the alternate reporting threshold specified in paragraph (a) of this section for a specific toxic chemical, the owner or operator is not required to submit a report for that chemical under  372.30, but must submit a certification statement that contains the information required in  372.95.  The owner or operator of the facility must also keep records as specified in  372.10(d).
	(c)  Threshold determination provisions of  372.25 and exemptions pertaining to threshold determinations in  372.38 are applicable to the determination of whether the alternate threshold has been met.
	(d)  Each certification statement under this section for activities involving a toxic chemical that occurred during a calendar year at a facility must be submitted to EPA and to the State in which the facility is located on or before July 1 of the next year.

[59 FR 61488, Nov. 30, 1994]

 372.3  Definitions.

	Terms defined in sections 313(b)(1)(c) and 329 of Title III and not explicitly defined herein are used with the meaning given in Title III.  For the purpose of this Part:
	"Act" means Title III.
	"Article" means a manufactured item:  (1) Which is formed to a specific shape or design during manufacture; (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (3) which does not release a toxic chemical under normal conditions or processing or use of that item at the facility or establishments.
	"Beneficiation" means the preparation of ores to regulate the size (including crushing and grinding) of the product, to remove unwanted constituents, or to improve the quality, purity, or grade of a desired product.
	"Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:
	(1)(i)  The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
	(ii)  The unit's combustion chamber and primary energy recovery sections(s) must be of integral design.  To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit.  A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section.  The following units are not precluded from being boilers solely because they are not of integral design:  process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and
	(iii)  While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
	(iv)  The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis.  In this calculation, no credit shall be given for recovered heat used internally in the same unit.  (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or
	(2)  The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in  260.32 of this chapter.
	"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.
	"Coal extraction" means the physical removal or exposure of ore, coal, minerals, waste rock, or overburden prior to beneficiation, and encompasses all extraction-related activities prior to beneficiation.  Extraction does not include beneficiation (including coal preparation), mineral processing, in situ leaching or any further activities.
	"Customs territory of the United States" means the 50 States, the District of Columbia, and Puerto Rico.
	"Disposal" means any underground injection, placement in landfills/surface impoundments, land treatment, or other intentional land disposal.
	"EPA" means the United States Environmental Protection Agency.
	"Establishment" means an economic unit, generally at a single physical location, where business is conducted or where services or industrial operations are performed.
	"Facility" means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with such person).  A facility may contain more than one establishment.
	"Full-time employee" means 2,000 hours per year of full-time equivalent employment.  A facility would calculate the number of full-time employees by totaling the hours worked during the calendar year by all employees, including contract employees, and dividing that total by 2,000 hours.
	"Import" means to cause a chemical to be imported into the customs territory of the United States.  For purposes of this definition, "to cause" means to intend that the chemical be imported and to control the identity of the imported chemical and the amount to be imported.
	"Indian Country" means Indian country as defined in 18 U.S.C. 1151.  That section defines Indian country as:
	(a)  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;
	(b)  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
	(c)  All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
	"Indian tribe" means those tribes federally recognized by the Secretary of the Interior.
	"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
	(1)  Cement kilns.
	(2)  Lime kilns.
	(3)  Aggregate kilns.
	(4)  Phosphate kilns.
	(5)  Coke ovens.
	(6)  Blast furnaces.
	(7)  Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces).
	(8)  Titanium dioxide chloride process oxidation reactors.
	(9)  Methane reforming furnaces.
	(10)  Pulping liquor recovery furnaces.
	(11)  Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
	(12)  Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
	(13)  Such other devices as the Administrator may, after notice and comment, add to this list on the basis of one or more of the following factors:
	(i)  The design and use of the device primarily to accomplish recovery of material products;
	(ii)  The use of the device to burn or reduce raw materials to make a material product;
	(iii)  The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
	(iv)  The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
	(v)  The use of the device in common industrial practice to produce a material product; and
	(vi)  Other factors, as appropriate.
	"Manufacture" means to produce, prepare, import, or compound a toxic chemical.  Manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, use, or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a byproduct, and a toxic chemical that remains in that other chemical or mixture of chemicals as an impurity.
	"Mixture" means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction.  However, if the combination was produced by a chemical reaction but could have been produced without a chemical reaction, it is also treated as a mixture.  A mixture also includes any combination which consists of a chemical and associated impurities.
	"Otherwise use" means any use of a toxic chemical, including a toxic chemical contained in a mixture or other trade name product or waste, that is not covered by the terms "manufacture" or "process."  Otherwise use of a toxic chemical does not include disposal, stabilization (without subsequent distribution in commerce), or treatment for destruction unless:
	(1)  The toxic chemical that was disposed, stabilized, or treated for destruction was received from off-site for the purposes of futher waste management; or
	(2)  The toxic chemical that was disposed, stabilized, or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for the purposes of further waste management activities.  Relabeling or redistributing of the toxic chemical where no repackaging of the toxic chemical occurs does not constitute otherwise use or processing of the toxic chemical.
	"Overburden" means the unconsolidated material that overlies a deposit of useful materials or ores.  It does not include any portion of ore or waste rock.
	"Process" means the preparation of a toxic chemical, after its manufacture, for distribution in commerce:
	(1)  In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance, or
	(2)  As part of an article containing the toxic chemical.  Process also applies to the processing of a toxic chemical contained in a mixture or trade name product.
	"RCRA approved test method" includes Test Method 9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992.
	"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 toxic chemical.
	"Senior management official" means an official with management responsibility for the person or persons completing the report, or the manager of environmental programs for the facility or establishment, or for the corporation owning or operating the facility or establishments responsible for certifying similar reports under other environmental regulatory requirements.
	"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, and any other territory or possession over which the United States has jurisdiction and Indian Country.
	"Title III" means Title III of the Superfund Amendments and Reauthorization Act of 1986, also titled the Emergency Planning and Community Right-To-Know Act of 1986.
	"Toxic Chemical" means a chemical or chemical category listed in  372.65.
	"Trade name product" means a chemical or mixture of chemicals that is distributed to other persons and that incorporates a toxic chemical component that is not identified by the applicable chemical name or Chemical Abstracts Service Registry number listed in  372.65.
	"Treatment for destruction" means the destruction of a toxic chemical in waste such that the substance is no longer the toxic chemical subject to reporting under EPCRA section 313.  Treatment for destruction does not include the destruction of a toxic chemical in waste where the toxic chemical has a heat value greater than 5,000 British thermal units and is combusted in any device that is an industrial furnace or boiler.
	"Waste stabilization" means any physical or chemical process used to either reduce the mobility of hazardous constitutents in a hazardous waste or eliminate free liquid as determined by a RCRA approved test method for evaluating solid waste as defined in this section.  A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture.  Other synonymous terms used to refer to this process are "stabilization," "waste fixation," or "waste solidification."

[53 FR 4525, February 16, 1988, as amended by 55 FR 30656, July 26, 1990; 62 FR 23834, May 1, 1997]