41300 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

Chapter 31—Incinerators, Sections 3101 

through 3121; 

Chapter 32—Miscellaneous Units, Sections 

3201, 3203, 3205, 3207 (except 3207.C.2); 

Chapter 33—Groundwater Protection, 

Sections 3301 through 3321, 3322 (except 

3322.D), 3323, 3325; 

Chapter 35—Closure and Post-Closure, 

Sections 3501 through 3505, 3507 (except 

3507.B), 3509 through 3519, 3521 (except 

3521.A.3), 3523 through 3527; 

Chapter 37—Financial Requirements 3701, 

3703, 3705 (except the last sentence in 

3705.D), 3707 through 3719; 

Chapter 38—Universal Wastes, Sections 

3801 through 3811, 3813, (except ‘‘Mercurycontaining Lamp’’), 3815 through 3833, 3835 

(except the phrase ‘‘other than to those OECD 

countries * * * requirements of LAC 

33:V.Chapter 11.Subchapter B),’’), 3837 

through 3855, 3857 (except the phrase ‘‘other 

than to those OECD countries * * * 

requirements of LAC 33:V.Chapter 

11.Subchapter B),’’), 3859 through 3869, 

3871.A introductory paragraph (except the 

phrase ‘‘other than to those OECD countries 

* * * requirements of LAC 33:V.Chapter 

11.Subchapter B’’), 3871.A.1–.2, 3873 

through 3877, 3879 (except 3879.B), 3881, 

3883; 

Chapter 40—Used Oil, Sections 4001 

through 4093; 

Chapter 41—Recyclable Materials, Sections 

4101, 4105 (except 4105.A.1.a.i and ii, 

4105.A.4), 4139, 4141, 4143 (except the word 

‘‘and’’ at end of 4143.B.4, 4143.B.5), 4145; 

Chapter 42—Conditional Exemption for 

Low-Level Mixed Waste Storage and 

Disposal, Sections 4201 through 4243; 

Chapter 43—Interim Status, Sections 

4301.A, 4301.B (June 1995), 4301.B, 4301.C 

(June 1995), 4301.C –.I, 4302 through 4371, 

4373 (except the last two sentences ‘‘The 

administrative authority * * * as 

demonstrated in accordance with LAC 

33:I.Chapter 13.’’ in 4373.K.1), 4375, 4377, 

4379 (except 4379.B), 4381 through 4387, 

4389 (except 4389.C), 4391 through 4397, 

4399 (except 4399.A.6.i), 4401 through 4413, 

4417 through 4456, 4457.A (except 

4457.A.2), 4457.B (except the phrase: ‘‘If the 

owner or operator * * * he must’’ in the 

introductory paragraph), 4457.C, 4459 

through 4474, 4475 (except the word ‘‘either’’ 

at the end of 4475.B introductory paragraph, 

the word ‘‘or’’ at the end of 4475.B.1, and 

4475.B.2); 4476 through 4499, 4501 (except 

4501.D.3), 4502 through 4703, 4705 (except 

the word ‘‘either’’ at the end of 4705.B 

introductory paragraph, the word ‘‘or’’ at the 

end of 4705.B.1, and 4705.B.2); 4707 through 

4739; 

Chapter 49—Lists of Hazardous Wastes, 

Sections 4901, 4903, 4907, 4909, 4911 

through 4915, 4999 Appendices C through E; 

Chapter 53—Military Munitions 5301 

through 5311; 

Louisiana Administrative Code, Title 33, 

Part VII, Solid Waste, as amended through 

June 20, 2000; Sections 301.B.1, 315.N, 

521.H. 

Copies of the Louisiana Administrative 

Code as published by the Office of the State 

Register, P.O. Box 94095, Baton Rouge, LA 

70804–9095; Phone: (225) 342–5015; Web 

site: http://doa.louisiana.gov/osr/lac/lac.htm. 

* * * * * 

[FR Doc. 2012–16825 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 370 

[EPA–HQ–SFUND–2010–0763; FRL–9674–1] 

RIN 2050–AG64 

Hazardous Chemical Reporting: 

Revisions to the Emergency and 

Hazardous Chemical Inventory Forms 

(Tier I and Tier II) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is adding some new data elements and 

revising some existing data elements on 

the Emergency and Hazardous Chemical 

Inventory Forms (Tier I and Tier II) 

under Section 312 of the Emergency 

Planning and Community Right-toKnow Act (EPCRA). State and local 

implementing agencies requested that 

EPA add the new data elements since 

the additional information would be 

useful to develop or modify their 

community emergency response plans. 

EPA is also revising some existing data 

elements in the chemical reporting 

section of the Tier II inventory form to 

make reporting easier for facilities and 

make the form more user-friendly for 

state and local officials. 

DATES: This rule becomes effective on 

January 1, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2010–0763. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically 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, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002; telephone number: 

(202) 564–8019; fax number: (202) 564– 

2625; email address: jacob.sicy@epa.

gov. You may 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 Web site at 

www.epa.gov/emergencies/content/

epcra. 

SUPPLEMENTARY INFORMATION: Here are 

the contents of today’s preamble. 

I. General Information 

A. Who is affected by this final rule? 

B. What is the statutory authority for this 

final rule? 

C. What is the background for this final 

rule? 

D. Summary of Proposed Rule 

II. Summary of This Action 

III. Response to Comments on the Proposed 

Rule 

A. General Comments Supporting the 

Proposed Rule 

B. Suggestions for Finalizing Changes to 

the Tier I and Tier II Inventory Forms 

C. General Comments Opposing the 

Proposed Rule 

D. Comments on Specific Data Elements 

Proposed for the Tier I and Tier II 

Inventory Forms 

1. Latitude and Longitude 

2. Number of Full-Time Employees 

3. Number of Occupants 

4. Facility Phone Number 

5. Applicability of EPCRA Section 302 and 

Clean Air Act Section 112(r) 

6. Identification Numbers Under the Toxic 

Release Inventory and Risk Management 

Program 

7. Facility’s Parent Company Contact 

Information 

8. Parent Company Email Address 

9. Facility Emergency Coordinator 

10. Tier I and Tier II Information Contacts 

11. Email Addresses of Owner or Operator 

and of Emergency Contacts 

12. Range Codes and Ranges for Reporting 

Maximum Amount and Average Daily 

Amount 

IV. Revisions Specific to the Tier II Inventory 

Form 

A. Chemical Information—Pure Chemical 

and Mixtures 

B. Storage Types and Conditions 

V. Additional Concerns and Suggestions 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41301 

Order 13563: Improving Regulation and 

Regulatory 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: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Energy Effects 

I. National Technology Transfer and 

Advancement Act (‘‘NTTAA’’) 

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 final rule? 

Entities that would be affected by this 

final rule are those organizations and 

facilities subject to section 312 of the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) and its 

implementing regulations found in 40 

CFR part 370. To determine whether 

your facility is affected by this action, 

you should carefully examine the 

applicability provisions at 40 CFR part 

370. 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 final rule? 

This final rule is being issued under 

the Emergency Planning and 

Community Right-to-Know Act of 1986 

(EPCRA), which was enacted as Title III 

of the Superfund Amendments and 

Reauthorization Act of 1986 (Pub. L. 99– 

499), (SARA). The Agency also relies on 

EPCRA section 328 for general 

rulemaking authority, as well as CAA 

section 112(r). 

C. What is the background of this final 

rule? 

Title III of SARA (EPCRA) establishes 

authorities for emergency planning and 

preparedness, emergency release 

notification reporting, community rightto-know reporting, and toxic chemical 

release reporting. It is intended to 

encourage State and local planning and 

preparedness for releases of extremely 

hazardous substances (EHSs) and to 

provide the public, local governments, 

fire departments, and other emergency 

response officials with information 

concerning potential chemical hazards 

and risks present in their communities. 

The implementing regulations for 

emergency planning, emergency release 

notification, and the chemicals subject 

to these regulations are codified in 40 

CFR part 355. The implementing 

regulations for community right-toknow reporting (or hazardous chemical 

reporting) are codified in 40 CFR part 

370. 

Under the emergency planning 

provisions of EPCRA section 302, 

codified in 40 CFR part 355, a facility 

is required to provide a one-time 

notification to the State Emergency 

Response Commission (SERC) and the 

local emergency planning committee 

(LEPC) if the facility has any EHSs 

present at the site in excess of its 

threshold planning quantity (TPQ). 

EHSs and their TPQs are listed in 40 

CFR part 355, Appendix A and B. The 

emergency planning notification 

occurred approximately seven months 

after the law was passed for facilities 

that existed at that time. Any new 

facilities that became subject to the 

notification requirement after that date 

are required to comply as provided in 

40 CFR part 355. Facilities that are 

currently covered by these regulations 

are required to report only changes 

occurring at the facility that may be 

relevant to emergency planning. LEPCs 

use this information obtained from 

facilities to develop emergency response 

plans, as required under EPCRA section 

303. Section 303 also requires LEPCs to 

review these plans annually and to 

adjust them accordingly for changes that 

have occurred in their community. 

On the other hand, the reporting 

requirements under the community 

right-to-know provisions of EPCRA 

sections 311 and 312 are on-going 

obligations. These requirements apply 

to owners and operators of facilities that 

are required to prepare or have available 

a material safety data sheet (MSDS) for 

a hazardous chemical defined under the 

Occupational Safety and Health Act 

(OSHA) Hazard Communication 

Standard (HCS). If the hazardous 

chemical is present at or above the 

reporting thresholds specified in 40 CFR 

part 370, the facility owner or operator 

is required to submit a MSDS or a list 

that contains the hazardous chemical 

under EPCRA section 311. Under 

EPCRA section 312, if a hazardous 

chemical is present at or above the 

reporting threshold specified in 40 CFR 

part 370, the facility owner or operator 

is required to submit an emergency and 

hazardous chemical inventory form 

(Tier I or Tier II) to the SERC, LEPC and 

the local fire department by March 1 

annually. 

As required by EPCRA section 312(g), 

EPA published two emergency and 

hazardous chemical inventory reporting 

forms, Tier I and Tier II. The Tier I 

inventory form requires facilities to 

report minimum information on the 

general types and locations of hazardous 

chemicals present at the facility. The 

Tier II inventory form requires facilities 

to report specific information on the 

amounts and locations of hazardous 

chemicals present at the facility. The 

information required under Tier I and 

Tier II inventory forms can be found in 

40 CFR 370.41 and 370.42. Although the 

forms and their instructions were 

removed from the code of federal 

regulations on November 3, 2008 (73 FR 

65452), these inventory forms have been 

and will continue to be available on the 

EPA Web site at www.epa.gov/

emergencies. 

EPCRA section 312(a)(2) states that 

the owner or operator of a facility shall 

submit the Tier I inventory form 

annually by March 1 to the SERC, LEPC 

and the local fire department with 

jurisdiction over the facility. However, 

section 312(e) states that, upon request 

by their SERC, LEPC or the fire 

department with jurisdiction over the 

facility, the owner or operator of a 

facility shall submit the Tier II 

inventory form. Currently, all states 

require facilities to submit the federal 

Tier II inventory form or the state 

equivalent to the Tier II inventory 

reporting form. The Tier I inventory 

form is no longer accepted by any State. 

In addition to the information 

obtained under EPCRA section 302, 

LEPCs use the information provided on 

the facility’s annual Tier II inventory 

form to update the emergency response 

plan for their community. States were 

always given the flexibility to 

implement EPCRA, as appropriate, for 

their community to meet the goals of 

EPCRA, which is to prepare for and 

respond to releases of EHSs and to 

provide the public with information on 

potential chemical risks in their 

communities. This flexibility includes 

adding more chemicals, setting lower 

reporting thresholds and creating a 

reporting form or format that includes 

more information than the federal 

reporting requirements. Some States 

developed their own inventory 

reporting form, including electronic 

reporting and certification. Other States 

use the federal Tier II form or Tier 2 

Submit, the electronic reporting 

software developed by EPA. 

Although EPCRA lacks an explicit 

reference to Indian tribes or to the 

implementation of EPCRA on Indian 

lands, EPA published a final rule on 

July 26, 1990 (55 FR 30632) to designate 

Indian Tribes as the implementing 

authority for Title III on all lands within 

‘‘Indian Country.’’ Accordingly, the 

chief executive officer of the Tribe is 


tkelley on DSK3SPTVN1PROD with RULES
41302 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

1Although EPA proposed to add some new data 

elements to the Tier I inventory form, all comments 

submitted addressed the Tier II inventory form 

since none of the states currently accept the Tier I 

inventory form. 2Even though none of the states currently accept 

the Tier I inventory form, EPA is still making 

changes to this form since EPCRA section 312 

requires EPA to publish both Tier I and Tier II 

inventory forms. 

3Prior to the proposed rule, only the Tier I 

inventory form included this table for range codes 

and amounts. 

responsible for the functions of the State 

governor under EPCRA section 301, 

including the appointment of an 

emergency response commission for the 

Tribe. This tribal commission is 

responsible for carrying out the duties of 

the SERC, including designation of local 

emergency planning districts and the 

appointment of an emergency planning 

committee for each district. The district 

emergency planning committee will 

carry out the same functions as a LEPC 

in the local emergency planning 

districts designated by a SERC. Also, for 

facilities located within Indian country, 

the fire department run by the Tribe will 

be the fire department designated to 

receive section 311 and 312 reports. 

Any tribe may enter into a cooperative 

agreement with the state(s) within 

which its lands are located to allow the 

State to carry out EPCRA statutory 

requirements. Indian tribes may also 

enter into cooperative agreements with 

each other to achieve a workable EPCRA 

program. 

D. Summary of Proposed Rule 

As required under EPCRA section 

312(g), EPA published the Tier I and 

Tier II inventory forms, which were 

revised in July 1990. EPA then 

published a proposed rule on June 8, 

1998 (63 FR 31268) to streamline the 

EPCRA reporting requirements for 

facilities and to provide flexibility to 

state and local agencies to implement 

EPCRA as needed for their community. 

During the comment period of the 1998 

rule, several state and local agencies 

suggested that EPA add some additional 

data elements to the Tier I and Tier II 

inventory forms which would improve 

emergency planning and response. 

EPA also received suggestions from 

members of the National Association of 

SARA Title III Program Officials 

(NASTTPO) on improving the Tier II 

inventory form. NASTTPO members 

include SERCs, Tribal Emergency 

Response Commissions (TERCs), LEPCs 

and other emergency management and 

response officials. NASTTPO holds 

meetings twice a year at which EPA 

participates and provides regulatory and 

policy updates on EPCRA and other 

preparedness and prevention activities. 

During these meetings, these officials 

raised concern about the lack of certain 

information on the Tier II inventory 

form which hinders effective emergency 

planning and response. Some of the 

states already require some of this 

information on their state equivalent 

Tier II inventory form, but other states 

that use the federal Tier II inventory 

form requested that EPA include these 

data elements. 

Based on these comments and 

requests, EPA proposed on August 8, 

2011 (76 FR 48093) to add some new 

data elements to the facility 

identification and contact information 

sections of the Tier I and Tier II 

inventory forms, as well as to revise 

some existing data elements to the 

chemical reporting section of the Tier II 

inventory form. The comment period 

closed on October 7, 2011. EPA received 

28 comments.1

II. Summary of This Action 

This final rule revises the Tier I and 

Tier II inventory forms by adding some 

mandatory data elements and some 

optional data elements in the facility 

identification and contact information 

sections of both forms.2 This final rule 

is also revising some existing data 

elements in the chemical reporting 

section of the Tier II inventory form. 

Specifically: 

• EPA proposed to add the facility 

phone number, latitude and longitude, 

number of full-time employees, and the 

facility identification numbers assigned 

under the toxic release inventory (TRI) 

program and the risk management 

program. This final rule is requiring 

facilities to report the latitude and 

longitude and the identification 

numbers assigned under TRI and the 

risk management program. Also, the 

Tier I and II inventory forms will 

require facilities to indicate if the 

location where the hazardous chemicals 

are stored is manned or unmanned. In 

addition, instead of requiring facilities 

to report the number of full-time 

employees, EPA is requiring facilities to 

report the maximum number of 

occupants that may be present at the 

facility at any one time. Finally, EPA 

decided not to require the facility phone 

number on the Tier I and Tier II 

inventory forms, but will include it as 

an optional data element on the revised 

inventory forms. 

• EPA proposed to add contact 

information for the facility’s parent 

company, facility emergency 

coordinator and contact information for 

the contents of the Tier I and Tier II 

inventory forms. In addition, EPA 

proposed to add the email addresses for 

the owner or operator of the facility and 

the emergency contact(s). This final rule 

is requiring facilities to provide contact 

information for the facility emergency 

coordinator, Tier I and Tier II contact 

information, as well as the email 

addresses of the owner or operator and 

emergency contact(s). In addition, 

facilities are required to provide facility 

emergency coordinator contact 

information for facilities subject to 

EPCRA section 302. However, after 

reviewing the comments, EPA decided 

not to require the parent company 

contact information on the Tier I and 

Tier II forms, but will include it as an 

optional data element on the revised 

inventory forms. 

• This final rule is adding data 

elements to indicate if the facility is 

subject to EPCRA section 302 and if the 

facility is subject to Clean Air Act (CAA) 

section 112(r), also known as the Risk 

Management Program. Page one of the 

revised Tier II inventory form would 

also include the table of range codes and 

amounts for reporting maximum 

amount and average daily amount.3

• This final rule is adding separate 

data fields for reporting pure chemical 

and mixtures in the chemical reporting 

section of the Tier II inventory form, as 

proposed. In addition, this final rule 

requires facilities to provide a 

description for the storage types and 

conditions rather than reporting codes, 

as proposed. 

• Finally, as suggested by some 

commenters, this final rule revises the 

Tier II inventory form for facilities to 

report any additional State or local 

reporting requirements or to voluntarily 

report hazardous chemicals below the 

reporting thresholds. 

III. Response to Comments on the 

Proposed Rule 

EPA received comments from various 

organizations, including industry, 

NASTTPO, as well as other state and 

local agencies. This section provides a 

summary of major comments received 

and EPA’s responses, as well as EPA’s 

final decision on the data elements 

proposed. A detailed summary of the 

comments and EPA’s responses are in 

the Response to Comments document, a 

copy of which is in the docket for this 

rulemaking. 

A. General Comments Supporting the 

Proposed Rule 

State and local agencies, members of 

NASTTPO, and a number of industry 

representatives supported most of the 

changes proposed to the Tier I and Tier 

II inventory forms. One commenter from 

industry stated that the proposed 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41303 

4A Legislative History of the Superfund 

Amendments and Reauthorization Act of 1986 (Pub. 

L. 99–499), Committee Print, 132 Cong. Rec. H 9561 

(1986) (statement of House Representative Edgar), at 

Vol. 6, page 5313 (1990). 

changes are valuable to emergency 

responders, but not overly burdensome 

to the regulated community. This 

commenter also applauded EPA’s effort 

to simplify and align the Tier I and Tier 

II inventory forms to stakeholder input. 

Some commenters from industry also 

provided suggestions for finalizing some 

of the data elements. Members of 

NASTTPO stated that they are in favor 

of the proposed changes since the new 

data elements will provide valuable 

information to communities, emergency 

planners, emergency responders and 

LEPCs. These officials also stated that 

the burden associated with these 

changes appears to be trivial, and, in 

fact, making these changes will reduce 

the burden on facilities and LEPCs in 

collecting information. 

EPA’s Response: EPA agrees with 

these comments. 

B. Suggestions for Finalizing Changes to 

the Tier I and Tier II Inventory Forms 

As stated earlier in this preamble, the 

comments and suggestions received 

were for the Tier II inventory form since 

the Tier I inventory form is no longer 

accepted by any State. EPA received a 

few suggestions for finalizing some of 

the data elements on the Tier II 

inventory form. 

One commenter stated that the 

current form contains a check box for 

optional reporting. However, the 

proposed revision does not include this 

check box. The optional reporting check 

box allows a facility to inform 

emergency response agencies of 

chemicals which are on site, yet are 

below the applicable reporting 

threshold. The commenter further stated 

that their facility has utilized this check 

box on multiple submissions and that is 

their company’s policy—that is, to 

mitigate exposing a first responder to an 

uninformed chemical risk. The 

commenter, therefore, requested that 

EPA keep the optional reporting check 

box to the Tier II inventory form. 

Another commenter stated that if the 

Agency concludes to add new data 

elements to the Tier II inventory form, 

the Agency should allow a minimum of 

one full reporting cycle before requiring 

the new information to allow sufficient 

time for entities to make necessary 

changes to any internal databases and to 

gather the information required. 

EPA’s Response: The optional box 

located on the right hand side of the 

storage codes and locations column on 

the Tier II inventory form is for facilities 

to indicate if the information on a 

specific hazardous chemical is identical 

to that submitted last year. The form did 

not include an optional box to indicate 

if chemicals reported on-site are below 

the applicable reporting threshold as 

stated by the commenter. For facilities 

that wish to provide information 

voluntarily on hazardous chemicals 

below the reporting thresholds or to 

provide additional state or local 

requirements, the Agency is adding data 

fields in the chemical reporting section 

of the revised Tier II inventory form. 

However, facilities will not be required 

to fill in these data fields, but it is being 

provided if facilities voluntarily want to 

include this information. The revised 

Tier II inventory form also will continue 

to provide the optional box for facilities 

to indicate if the information is identical 

to the information submitted last year. 

The Agency also agrees with the 

commenter that regulated facilities need 

sufficient time to comply with any new 

requirements to the Tier II inventory 

form. State and local agencies also 

requested sufficient time to modify the 

State reporting format. Therefore, the 

Agency has decided to require facilities 

to comply with the new requirements 

on the Tier II inventory form starting 

reporting year 2013, which is due by or 

on March 1, 2014 to the SERC, LEPC 

and the fire department with 

jurisdiction over the facility. Your State 

may have more stringent requirements 

for reporting and for submission of the 

Tier II inventory form or the State 

reporting form or format. EPA suggests 

facilities contact their State for reporting 

requirements for that State. 

C. General Comments Opposing the 

Proposed Rule 

One commenter stated that some 

aspects of the proposed rule would 

exceed EPA’s statutory authority under 

EPCRA sections 311 and 312 and create 

unnecessary burden. Another 

commenter stated that the Agency’s 

proposed rule impermissibly blurs the 

legal distinctions between EPCRA 

section 302, EPCRA sections 311 and 

312, and CAA section 112(r). 

EPA’s Response: The Agency 

disagrees with these comments. That is, 

adding the two check boxes for a facility 

to indicate whether it is subject to 

EPCRA section 302 or CAA section 

112(r) is reasonable, authorized under 

EPCRA sections 302 and 328, as well as 

CAA section 112(r), and consistent with 

the purpose of EPCRA. As mentioned 

earlier in this preamble, LEPCs use the 

information reported on the Tier II 

inventory form to develop or update 

their emergency plan. If LEPCs could 

obtain this information annually, they 

would be able to include these facilities 

in their emergency plan. A basic tenet 

of EPCRA is to provide emergency 

response officials with sufficient 

information to carry out their duties, 

and the Agency believes that these two 

additional data elements will help such 

officials maintain the most effective and 

up-to-date emergency plans. Congress 

clearly remarked on the need for 

reporting when it adopted EPCRA: 

‘‘First, Congress recognizes a compelling 

need for more information about the Nation’s 

exposure to toxic chemicals. * * * The 

reporting requirements, and the toxic release 

forms in particular, are intended to provide 

this national information. As a result, the 

reporting provisions in this legislation 

should be construed expansively to require 

the collection of the most information 

permitted under the statutory language. Any 

discretion to limit the amount of information 

reported should be exercised only for 

compelling reasons. A second major 

principle of this program is to make 

information regarding toxic release exposure 

available to the public, particularly to 

communities most affected.’’ 4

In addition, as explained further below, 

we do not believe that adding these data 

elements to the Tier II inventory form 

would create an unnecessary burden 

since facilities would already know if 

they are subject to reporting under 

EPCRA section 302 or CAA section 

112(r). 

The emergency planning notification 

requirement under EPCRA section 302 

for EHSs present on-site is a one-time 

notification which was required for 

facilities in existence in 1987. Any 

facilities that became subject to this 

requirement after that date have been 

required to provide notification to the 

SERC and LEPC within 60 days (section 

302(c)). Some facilities may not have 

been aware of this requirement, and 

therefore, providing continued 

awareness of this requirement would 

help emergency response planners. 

Because of the one-time notification 

under EPCRA section 302, LEPCs 

currently depend on the information 

reported on the Tier II inventory form to 

develop or update emergency response 

plans or better coordinate the response 

plans between the facility and the 

community. Although section 303(d)(3) 

gives LEPCs the authority to request any 

information necessary to develop or 

implement their emergency response 

plans, these entities may not have 

enough resources to contact every 

facility in their community annually to 

update their plan. The new data element 

requesting if a facility is subject to the 

emergency planning notification under 

section 302 would alert LEPCs of the 

need to include facilities that are not 


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5Many states use Tier2 Submit software as their 

electronic reporting tool. Every year, some of these 

states request EPA to add some State required data 

elements to the software. Therefore, it is possible 

that many states already require some or all of the 

data elements that EPA has proposed. However, 

there are other states that adopt the federal 

reporting requirements and these states also 

requested that EPA include these additional data 

elements. 

included in their existing emergency 

response plan. Otherwise, LEPCs would 

need to contact each facility in their 

community annually, to update their 

plan as stated in EPCRA section 303(a). 

Since LEPCs have limited resources 

(and the burden on the regulated 

community in providing this 

information on the Tier II inventory 

form is minimal), EPA believes that the 

LEPCs resources would be better spent 

in developing or updating the 

emergency response plans, rather than 

to contact each facility to determine if 

these facilities should be included in 

the community emergency response 

plan. Therefore, EPA believes that this 

data element should be included on the 

Tier II inventory form. 

EPA also believes that the data 

element requesting if a facility is subject 

to the chemical accident prevention 

provisions under CAA section 112(r), 

also known as the Risk Management 

Program, is necessary. Some of the 

facilities regulated under EPCRA 

sections 311 and 312 are also subject to 

the provisions under CAA section 

112(r), codified in 40 CFR part 68. All 

facilities regulated under CAA section 

112(r) are required to coordinate their 

emergency response actions with the 

local emergency planning and response 

organizations (40 CFR 68.12). Some of 

these facilities are required to develop 

and implement an emergency response 

program for their facilities, which 

includes developing a plan for their 

employees to respond to any emergency 

at their facilities. These facilities are 

also required to coordinate their 

emergency response plan with the 

community emergency response plan 

developed under EPCRA section 303. 

This requirement would assist in 

ensuring that the facility and 

community planning efforts are 

coordinated, which will improve both 

plans, thereby facilitating effective 

response actions when releases occur. It 

is important for LEPCs, who are 

responsible for developing and 

implementing the emergency response 

plan for their community, to know 

which facilities have their own response 

program to respond to their emergencies 

or if LEPCs have to take additional 

measures to respond to any accidental 

releases. 

These two data elements would 

provide LEPCs with the information 

they need to effectively plan or respond 

to emergencies without using any 

additional resources to survey each 

facility in their community as to 

whether they are subject to CAA section 

112(r) or EPCRA section 302. Rather, 

they would use the information reported 

on the Tier II inventory form to contact 

these facilities for any additional 

information necessary to develop or 

update their emergency response plan 

required under EPCRA section 

303(d)(3). 

D. Comments on Specific Data Elements 

Proposed for the Tier I and Tier II 

Inventory Forms 

As already noted, EPA had proposed 

to add new data elements to the Tier I 

and Tier II inventory forms. That is, in 

addition to the information currently 

required on the Tier I and Tier II 

inventory forms under the facility 

identification section, EPA proposed to 

add a few additional data elements that 

would provide more complete 

information on the facilities to the 

public and to the State and local 

agencies responsible for emergency 

planning and response. Specifically, 

EPA proposed to add the following data 

elements to the facility identification 

section of the Tier I and Tier II 

inventory forms: Facility phone number, 

latitude and longitude, number of fulltime employees, and facility ID numbers 

provided under the TRI and the Risk 

Management Program, as well as to 

indicate if the facility is subject to 

EPCRA section 302 or CAA section 

112(r). In addition to proposing the 

number of full-time employees, EPA 

requested comments on whether the 

form should require the number of 

occupants instead of the number of fulltime employees. 

In the facility contact information 

section of the Tier I and Tier II 

inventory forms, EPA proposed to add 

contact information for the facility’s 

parent company, facility emergency 

coordinator, and for the person 

responsible for completing the 

information on the Tier I and Tier II 

inventory forms. In addition, although 

the forms already require owner or 

operator and emergency contact 

information, EPA proposed to add email 

addresses of these individuals. 

For the chemical reporting section of 

the Tier I and Tier II inventory forms, 

EPA proposed to revise the range codes 

and the ranges (in pounds) for reporting 

maximum amount and average daily 

amount. 

EPA also proposed to revise some 

existing data elements on the Tier II 

inventory form to include separate data 

fields for reporting pure chemicals and 

mixtures. Instead of reporting a code for 

storage types and conditions, EPA also 

proposed to delete the codes from the 

instructions to the Tier II inventory form 

and instead require facilities to provide 

a description for various types of storage 

and conditions. 

EPA received comments from 

industry, NASTTPO and State and local 

agencies. EPA received support for most 

of the data elements from various 

organizations. While some commenters 

from industry opposed some of the data 

elements, at the same time, they offered 

suggestions for finalizing them. With 

respect to comments from members of 

NASTTPO, they strongly supported the 

addition of these data elements since 

these agencies are responsible for 

emergency planning and response and 

they will be using the information 

reported on the Tier II inventory forms. 

These state and local officials stated that 

since the Tier II inventory forms have 

become the default emergency planning 

information collection device used by 

most communities and LEPCs, the 

additional changes proposed are 

excellent and will be very useful in 

emergency planning. Some commenters 

stated that the Tier2 Submit software is 

already collecting most of the 

information that EPA has proposed.5

The following is a discussion of 

comments on the specific data elements 

and EPA’s responses and final decision. 

1. Latitude and Longitude 

Comment: EPA received one comment 

opposing the addition of latitude and 

longitude, but the same commenter 

made suggestions for finalizing these 

data elements. In particular, the 

commenter argued that EPA proposed to 

add these data elements to the Tier I and 

Tier II inventory forms without 

articulating a rationale for doing so. The 

commenter also stated that the Tier II 

inventory form has long been used 

without this information, so it is unclear 

why EPA is requiring such information 

in addition to a street address of the 

facility. However, the same commenter 

stated that it is reasonable to require this 

information from facilities that do not 

have a proper street address, for which 

latitude and longitude are necessary to 

locate the facility. 

EPA’s Response: Since promulgation 

of the final rule published on October 

15, 1987 (52 FR 38344), the instructions 

to the Tier I and Tier II inventory forms 

suggested that facilities that do not have 

a street address to report other 

identifiers, such as the latitude and 

longitude to describe the physical 

location of the facility. State and local 


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agencies have informed EPA that they 

often get some Tier II inventory forms 

with P.O. Box address or the address of 

the corporate office instead of the actual 

location of the facility. These agencies 

also informed EPA that some of the 

locations where hazardous chemicals 

are stored are unmanned or in rural 

areas. During an emergency, accurate 

information about the location of the 

facility is important to emergency 

responders so that these officials can 

respond in a timely manner and 

exercise evacuation and/or shelter-in 

place procedures. Latitude and 

longitude are also important for 

developing emergency response plans. 

As stated by the members of 

NASTTPO, Tier II inventory forms have 

become the default emergency planning 

information collection device used by 

most communities. Therefore, EPA 

believes that this information is 

important for emergency planning and 

response and is being added to the Tier 

I and Tier II inventory forms. 

2. Number of Full-Time Employees 

In the proposed rule, EPA proposed to 

require that facilities report the number 

of full-time employees, but also 

requested comment on whether to 

require the number of occupants (as 

opposed to the number of full-time 

employees) on the Tier I and Tier II 

inventory forms. EPA received several 

comments opposing the addition of 

number of full-time employees, but 

offered some suggestions for number of 

occupants. 

Comment: Commenters from the retail 

industry stated that they have part-time 

and full-time employees, as well as 

employees that work on weekends, 

holidays etc. Commenters from the 

utility and telecommunication industry 

stated that their substations or cell 

towers may be unmanned. Thus, these 

commenters stated that the number of 

full-time employees does not accurately 

represent the number of people that may 

be occupied at a facility at any given 

time since some facilities may be 

manned or unmanned, and may include 

full-time and part-time employees. 

Many of the facilities may also have 

contractors or vendors present on-site. 

Other commenters argued that requiring 

the number of full-time employees on 

the Tier II inventory form is not 

authorized by EPCRA sections 311 and 

312 and that EPA has not explained its 

basis for collecting this information on 

the Tier II inventory form. 

EPA’s Response: EPA recognizes the 

commenters concerns on the Agency’s 

proposal to require the number of fulltime employees to be reported on the 

Tier I and Tier II inventory forms. The 

Agency proposed this data element so 

that LEPCs and other emergency 

response officials would get an idea of 

how many persons may be present at a 

facility at any one time for planning and 

response. EPA now realizes that the 

number of full-time employees at a 

facility may not benefit local emergency 

response or planning officials since it 

does not represent the number of people 

on-site at any time during an 

emergency. Nevertheless, it is important 

for emergency responders to know how 

many people may be present at a facility 

at any one time in order to respond 

during an emergency situation. 

Therefore, the Agency is requiring 

facilities to estimate the maximum 

number of people that may be present 

at the facility at any one time rather 

than reporting number of full-time 

employees. LEPCs would be able to use 

this information to plan for evacuation 

or shelter-in place as they develop or 

update their emergency plan. (See next 

section for further discussion of this 

issue.) 

3. Number of Occupants 

Comment: One commenter stated that 

requiring facilities to list the number of 

occupants at a facility would be 

extremely problematic as the number of 

occupants may change on a daily basis. 

This requirement would be overly 

burdensome and may actually hinder 

emergency response efforts since this 

information would provide an 

inaccurate picture of the number of 

occupants in the facility on any given 

day. 

EPA’s Response: The Agency 

disagrees that requiring facilities to list 

the number of occupants would be 

problematic or burdensome. To plan for 

proper evacuation or shelter-in place, it 

is important for LEPCs and other 

emergency responders to have this 

information. Facilities, such as 

convention centers, theaters, stadium or 

other large gathering places would 

already know the maximum number of 

occupants that may be present at any 

one time. If such facilities are required 

to comply with section 312, they would 

be able to provide this information on 

their Tier II inventory form without any 

added burden. 

Other facilities subject to EPCRA 

section 312 would need to estimate the 

maximum number of people that may be 

present at any one time, including 

employees, contractors, vendors etc. 

Facilities should also include persons 

that may be present for training or other 

events that facilities may host so that 

LEPCs and emergency response officials 

may be better prepared. In addition, if 

facilities submit a site plan with their 

inventory form, it would be helpful for 

state and local agencies (but not 

required) if facilities identify the 

buildings or locations where large 

numbers of people may gather for 

training or other events. 

Therefore, EPA is adding the data 

element requiring facilities to estimate 

the maximum number of occupants that 

may be present at a facility at any given 

time rather than requiring facilities to 

report the number of full-time 

employees at a facility. 

Comment: Another commenter 

requested that EPA clarify that if a 

building or complex is occupied by 

more than one entity, the Agency 

should only require reporting with 

regard to that portion of the building or 

complex that the reporting party 

controls, since there are many instances 

where a business occupies only a 

portion of a building and does not have 

access to or control over other portions 

of a building to provide the total 

number of employees or occupants. The 

Tier II submitter would be able to 

respond only regarding its own 

employees or occupants not all those 

that might be working in the building. 

EPA’s Response: The requirements of 

EPCRA sections 311 and 312 and its 

implementing regulations (40 CFR part 

370) apply to the owner or operator of 

a facility that must prepare or have 

available a MSDS for each ‘‘hazardous 

chemical’’ as required by the 

Occupational Safety and Health Act 

(OSHA) of 1970. 

The term ‘‘facility’’ is defined in 

EPCRA section 329 as ‘‘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).’’ 

Although a building may be occupied 

by more than one tenant, each tenant 

may only be required to have an MSDS 

for the hazardous chemicals that are in 

its site. Therefore, the tenant is only 

required to report information related to 

its site, including the number of 

occupants and other information 

required on the Tier II inventory form. 

4. Facility Phone Number 

In addition to the mailing address of 

the facility currently required on the 

Tier I and Tier II inventory forms, EPA 

proposed to require that the facility’s 

phone number be provided on the Tier 

I and Tier II inventory forms. A number 

of commenters opposed adding this data 

element. 


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Comment: One commenter argued 

that facilities only subject to EPCRA 

sections 311 and 312 should not be 

required to provide a telephone number 

of the facility or the data field should be 

marked ‘‘optional’’ since certain 

locations, such as a cell tower with a 

hut at its base with back-up power 

equipment may not be staffed at all 

times or may not be equipped with a 

telephone. Another commenter stated 

that the Agency should clarify what is 

meant by the data element ‘‘facility 

phone number’’ since manned facilities 

may have many phone numbers. 

EPA’s Response: EPA recognizes that 

some locations, such as a cell tower 

where hazardous chemicals may be 

stored could be unstaffed and therefore 

may not have a telephone number for 

that site. In addition, the Tier I and Tier 

II inventory forms already require the 

phone numbers of the owner or operator 

of the facility and emergency contacts, 

which should be sufficient to LEPCs and 

other officials to get in touch with the 

appropriate person(s) at a facility. For 

these reasons, EPA agrees with the 

commenter and is adding this data 

element as an ‘‘optional’’ element. For 

facilities that may want to provide the 

facility phone number, EPA suggests 

facilities provide the phone number for 

the main switchboard operator or any 

other number that State and local 

agencies or the public may want to use 

to obtain general information about the 

facility. 

5. Applicability of EPCRA Section 302 

and Clean Air Act Section 112(r) 

To assist LEPCs to better coordinate 

their emergency plan and response 

procedures, EPA proposed data 

elements to indicate if the facility is 

subject to emergency planning 

notification under EPCRA section 302 or 

the provisions under CAA section 

112(r), also known as the Risk 

Management Program. 

Comment: One commenter stated that 

EPCRA sections 311 and 312 do not 

authorize requiring a facility to report 

whether it is subject to EPCRA section 

302 or CAA section 112(r). The same 

commenter argued that if the Agency 

has such legal authority, we would not 

object to this proposed new data 

element, so long as the form makes 

unavoidably clear on its face which data 

elements are required only from a 

facility subject to one of those 

provisions. 

EPA’s Response: The Agency 

understands that not all facilities subject 

to EPCRA section 312 would also be 

subject to EPCRA section 302 and CAA 

section 112(r). As stated by members of 

NASTTPO, Tier II inventory forms have 

become the default for information used 

by LEPCs for emergency planning. Since 

facilities subject to EPCRA section 302 

and CAA section 112(r) are required to 

participate or coordinate emergency 

planning and response, as explained in 

section III.C of this action, it is 

important for LEPCs to know which 

facilities are subject to the requirements 

under these two programs so LEPCs can 

obtain the additional information 

necessary for developing or updating 

their emergency plan annually. Thus, 

consistent with the Agency’s response 

in section III.C of this Final Rule above, 

the Agency is adding these data 

elements to the Tier I and Tier II 

inventory forms. Facilities may check 

the ‘‘yes’’ box to indicate the facility is 

subject to these provisions or ‘‘no’’ if the 

facility is not. 

(a) Subject to Emergency Planning 

Notification Under EPCRA Section 302 

Comment: Members of NASTTPO 

supported this data element stating that 

of all the proposed changes, this one 

addresses the most critical concern. 

Continued awareness of facilities’ 

EPCRA section 302 reporting obligation 

is necessary to ensure better 

coordination and planning. 

Two commenters opposed this 

proposed data element. One commenter 

stated that it is not necessary to expand 

the Tier II inventory form to include the 

two proposed additional questions 

regarding whether the facility is subject 

to EPCRA section 302 and CAA section 

112(r). The other commenter stated that 

the regulated community is already 

aware of the requirements under EPCRA 

section 302. 

EPA’s Response: We disagree with 

those commenters who opposed 

including these data elements on the 

Tier II inventory form. EPCRA section 

302 is a one-time notification 

requirement that occurred in 1987 for 

facilities that were in existence at that 

time. Any facilities that became subject 

to this requirement since that time 

should have provided notification to the 

SERC and LEPC within 60 days. While 

EPA understands the regulated 

community may be aware of this 

reporting requirement and that most 

facilities may have provided this 

notification, nevertheless, it was a onetime notification, and facilities may 

have overlooked their reporting 

obligation under EPCRA section 

303(d)(2), which is to notify LEPCs of 

any changes that may have occurred 

after the initial notification, which may 

include, but not be limited to, changes 

in facility personnel designated as 

emergency coordinator, emergency 

contacts, as well as other changes at the 

facility. Some facilities may not even be 

aware of this requirement. Requesting 

this information on the Tier II inventory 

form annually would alert facilities of 

this reporting obligation. If LEPCs 

obtain this information annually from 

all facilities required to comply under 

sections 302 and 303, it would ensure 

that all facilities are included in the 

emergency plan, which LEPCs are 

required to update annually. 

(b) Subject to Chemical Accident 

Prevention Provisions Under Section 

112(r) of the Clean Air Act (40 CFR part 

68, Risk Management Program) 

Comment: Members of NASTTPO 

supported this requirement, but 

suggested that EPA inform facilities that 

submitting a Tier II inventory form does 

not itself constitute compliance with the 

requirement under CAA section 112(r) 

to coordinate emergency response with 

LEPCs and local response agencies. 

EPA’s Response: The Agency agrees 

that submitting a Tier II inventory form 

indicating that the facility is subject to 

the provisions under CAA section 112(r) 

does not itself replace the requirement 

for facilities to coordinate emergency 

response actions with LEPCs. Facilities 

covered by CAA section 112(r) 

requirements must coordinate their 

emergency response program with their 

LEPCs, as discussed below, and as 

required by 40 CFR 68.12. Just 

submitting a Tier II inventory form 

would not substitute the requirement 

under 40 CFR 68.12. 

As stated in section III.C of this 

action, some of the facilities regulated 

under EPCRA sections 311 and 312 are 

also subject to the chemical accident 

prevention provisions under CAA 

section 112(r), also known as the Risk 

Management Program codified in 40 

CFR part 68. All facilities regulated 

under CAA section 112(r) are required 

to coordinate their emergency response 

actions with the local emergency 

planning and response organizations (40 

CFR 68.12). Some of these facilities are 

required to develop and implement an 

emergency response program for their 

facilities, which includes developing a 

plan for their employees to respond to 

any emergency at their facility. These 

facilities are also required to coordinate 

their emergency response plan with the 

community emergency response plan 

developed under EPCRA section 303. 

This requirement would ensure that the 

facility and community planning efforts 

are coordinated, which will improve 

both plans, thereby facilitating effective 

response actions when releases occur. 

For the reasons stated, EPA is adding 

these two data elements to the Tier I and 

Tier II inventory forms. 


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6EPA also proposed to add the owner or operator 

contact information to the Tier I and Tier II 

inventory forms. However, EPA agrees with 

commenters that this information is already 

included on the Tier I and Tier II inventory forms, 

as well as the Tier2 Submit software. The owner or 

operator contact information will continue to be 

required on the Tier I and Tier II inventory forms. 

6. Identification Numbers Under the 

Toxic Release Inventory and Risk 

Management Program 

EPA requested comments as to 

whether facilities should provide the 

identification numbers assigned under 

the TRI and Risk Management Program. 

Comment: One commenter stated that 

the addition of these data elements 

provide very little information to 

emergency responders, although it is not 

too much burden on facilities. The 

commenter also stated that the TRI 

report is a release inventory, not 

information on specific chemicals 

present on-site, so it would be difficult 

for an emergency responder to match 

specific chemicals reported under the 

TRI program with those reported on the 

Tier II inventory form. Another 

commenter stated that if EPA 

determines that it is necessary to add 

this data element, the regulated 

community would prefer to report the 

identification number assigned under 

the Risk Management Program. 

Three commenters opposed adding 

these identification numbers to the Tier 

II inventory form stating that these data 

elements are already available to the 

public since they are already collected 

under these two programs. 

EPA’s Response: EPA receives reports 

submitted under CAA section 112(r) 

(also known as the Risk Management 

Program) and information submitted 

under the TRI program. However, the 

Agency does not receive the Tier II 

inventory form filed under EPCRA 

section 312. Therefore, the Agency 

would not be able to provide access to 

all three reports to State and local 

agencies so that these agencies can make 

them available to the public. State and 

local agencies that receive the Tier II 

inventory form requested that EPA 

require these two data elements so they 

can obtain additional information about 

these facilities or cross-reference 

information reported under these 

programs. These agencies informed us 

that some facilities are not consistent in 

their reports year-after-year. For 

example, a facility may report its name 

as ‘‘Smith Inc.’’ one year and then the 

following year, it may report ‘‘Smith 

and Sons,’’ or ‘‘Smith Company.’’ 

Providing the identification numbers 

assigned by EPA under these two 

programs on the Tier II inventory form 

would help these agencies better 

respond to public inquiries. 

EPA also believes that State and local 

officials may find it helpful to compare 

information reported for chemicals that 

are listed under all three programs. For 

example, TRI and the Tier II inventory 

form require facilities to report the 

maximum amount of a chemical present 

on-site at any one time during a 

reporting year and the Risk Management 

Program requires the quantity of 

chemical in a process. There are some 

chemicals common to all three 

programs. Therefore, EPA is requiring 

facilities to provide their TRI facility 

identification number if the facility is 

subject to reporting under that program. 

With respect to the Risk Management 

Program under CAA section 112(r), 

some facilities regulated under EPCRA 

sections 311 and 312 are also subject to 

the provisions under CAA section 

112(r), codified in 40 CFR part 68. All 

facilities regulated under CAA section 

112(r) are required to coordinate their 

emergency response actions with local 

emergency planning and response 

organizations (40 CFR 68.12). Some of 

these facilities are required to develop 

and implement an emergency response 

program for their facilities, which 

includes developing a plan for their 

employees to respond to any emergency 

at their facility. These facilities are also 

required to coordinate their emergency 

response plan with the community 

emergency response plan developed 

under EPCRA section 303. This would 

ensure that the facility and community 

planning efforts are coordinated, which 

will improve both plans, thereby 

facilitating effective response actions 

when releases occur. 

It is important for LEPCs who are 

responsible for developing and 

implementing emergency response 

plans for their community to know 

which facilities have their own response 

program to respond to their emergencies 

or if LEPCs have to take additional 

measures to respond to any accidental 

releases. The Risk Management Program 

identification number is vital to 

emergency planning and response since 

facilities covered under this program 

should be coordinating their response 

plan with the LEPCs. This number 

would better identify the facility and 

these agencies can then cross-reference 

the information reported on the Tier II 

inventory form and Risk Management 

Program. Thus, EPA is finalizing this 

data element as proposed. 

7. Facility’s Parent Company Contact 

Information 

EPA proposed to add the facility’s 

parent company contact information to 

the Tier I and Tier II inventory forms.6

Comment: Members of NASTTPO 

supported EPA’s proposal to include 

parent company contact information to 

the Tier II inventory form. However, 

nine commenters opposed EPA’s 

proposal to require parent company 

contact information on the Tier I and 

Tier II inventory forms. Two 

commenters stated that the parent 

company corporate headquarters or 

subsidiary company contact is often 

distant both geographically and 

organizationally from the facility’s 

operations and as such will likely have 

no knowledge about the specifics of 

hazardous chemical usage at a unique 

company location. Other commenters 

who also disagreed with including this 

data element on the Tier I and Tier II 

inventory forms argued that providing 

information on other facility personnel, 

such as emergency contacts and the 

owner or operator will be sufficient for 

state and local officials to obtain the 

information needed about hazardous 

chemicals at the facility. 

EPA’s Response: EPA recognizes the 

concerns raised by commenters that the 

parent company of some facilities may 

not be aware of the day-to-day 

operations at a particular location. EPA 

also realizes that some parent 

companies may be located outside the 

U.S. and therefore, the parent company 

contact information would not be useful 

for emergency planning or response. 

Therefore, EPA is not requiring this 

information to be included on the Tier 

I or Tier II inventory forms. However, if 

facilities wish to provide this 

information, EPA is adding parent 

company contact information as an 

‘‘optional’’ data element to both forms. 

8. Parent Company Email Address 

EPA proposed to add the facility’s 

parent company email address to the 

Tier I and Tier II inventory forms. 

Comment: One commenter stated that 

in a large corporation, the email address 

of company executives or upper level 

management is of little value in the 

event of an emergency as these 

individuals are not able to provide the 

level of detail needed to assist 

emergency responders. The commenter 

suggested that the addition of the email 

address of the facility emergency 

coordinator and the addition of the 

name, title, email address and phone 

number of the person knowledgeable of 

the information reported on the Tier II 

inventory form provides the best contact 

information in the event of an 

emergency. 


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EPA’s Response: The Agency 

proposed this data element assuming 

that corporate headquarters or parent 

company executives should be informed 

of any activities involving planning or 

public meetings with the community via 

email since it is one of the modern ways 

of communication. However, based on 

the comments received regarding parent 

company contact information in section 

III. D. 7 of this final rule, EPA is not 

requiring this information be included, 

but is adding it as an ‘‘optional’’ data 

element on both forms. 

9. Facility Emergency Coordinator 

EPCRA section 303(d)(1) requires 

facilities subject to EPCRA section 302 

emergency planning notification 

requirements to designate an individual 

to participate in the emergency planning 

process as the facility emergency 

coordinator. State and local agencies 

informed EPA that facilities often forget 

to notify them of personnel changes that 

occur at the facility. Therefore, EPA 

proposed this data element so LEPCs 

would obtain this information annually. 

Comment: Members of NASTTPO 

supported this proposal stating that EPA 

has identified a critical gap and that the 

proposal is excellent. One commenter 

from industry stated that the facility 

emergency coordinator is already 

included on the Tier2 Submit software 

used in various states. 

EPA’s Response: EPA agrees with the 

commenter that the Tier2 Submit 

software used in various states may 

already include this data element since 

states are given the flexibility to 

implement the EPCRA program as 

needed for their community. This 

means that, many states have expanded 

their right-to-know regulations to 

include additional chemicals, lower 

reporting thresholds, and additional 

data elements beyond those required on 

the federal Tier II inventory form. Some 

of the states have their own electronic 

reporting format and others use Tier2 

Submit. Every year, EPA receives 

requests from some states that use Tier2 

Submit to add some state required data 

elements, which may include most or 

all of the data elements that were 

proposed. So it is possible that the states 

that use Tier2 Submit already require 

facilities to report facility emergency 

coordinator contact information. 

However, EPA proposed this data 

element for states that follow the federal 

reporting requirements. Because State 

and local agencies have identified the 

absence of this data on the Tier II 

inventory form as a critical gap, EPA is 

finalizing this provision and will 

require that emergency coordinator 

contact information be required on the 

Tier II inventory form. 

Comment: Four commenters opposed 

EPA’s proposal to require the contact 

information for the facility emergency 

coordinator be included on the Tier II 

inventory form. These commenters 

argued that the Tier II inventory form 

already requires facilities to report an 

emergency contact and a 24-hour 

emergency phone number so it is not 

clear why this data element is being 

added as another new requirement. 

Another commenter stated that adding 

the facility’s emergency coordinator 

contact information to the Tier I and 

Tier II inventory forms is unnecessary 

since emergency planning agencies may 

already get in touch with the designated 

emergency contact. Furthermore, it was 

argued that EPA provides no reason as 

to why facilities should report the 

contact information for both facility 

emergency coordinator and an 

emergency contact. Again, this adds a 

new burden for facilities. Another 

commenter objects to requiring this 

information on the Tier II inventory 

form unless the form clearly shows that 

the information is required only for 

facilities subject to EPCRA section 302. 

EPA’s Response: EPA disagrees with 

these commenters. The Agency believes 

that it is important for LEPCs and SERCs 

to obtain updated information on the 

facility emergency coordinator annually. 

Under EPCRA section 303(d)(1), 

facilities are required to provide the 

name of an individual who will 

participate in the emergency planning 

process as a facility emergency 

coordinator. It is possible that personnel 

changes may occur at facilities and 

since this is not an annual requirement, 

facilities may overlook informing their 

LEPC of this change. In addition, 

providing the contact information for 

the facility emergency coordinator and 

for the emergency contact is necessary 

since it is possible that some facilities 

may designate two individuals to carry 

out these two functions, as opposed to 

designating the same person for these 

two positions. Thus, providing this 

information annually or updating the 

Tier II inventory form annually would 

ensure better coordination for 

emergency planning, and would not 

impose a significant burden on the 

facility given such information is 

readily available to the facility. EPA 

encourages facilities to provide facility 

emergency coordinator information of 

an individual closest to the location 

where hazardous chemicals are stored. 

Finally, EPA realizes that only some 

facilities subject to the sections 311 and 

312 reporting requirements may be 

subject to the section 302 emergency 

planning notification. Therefore, EPA is 

requiring facilities to provide the facility 

emergency coordinator contact 

information on the Tier II inventory 

form only if the facility is also subject 

to EPCRA section 302. 

10. Tier I and Tier II Information 

Contacts 

State and local agencies informed 

EPA that they often find it difficult to 

get in touch with the right individual for 

information contained on the Tier II 

inventory form. Therefore, EPA 

proposed that facilities provide contact 

information of the individual 

responsible for completing the Tier II 

inventory form. 

Comment: One commenter stated that 

requiring this information would be 

reasonable and arguably within the 

implicit authority of EPCRA sections 

311 and 312. Members of NASTTPO 

also supported this proposed data 

element stating that EPA has again 

identified a critical gap and addressed it 

with this proposal. However, one 

commenter opposed this proposed data 

element stating that the facility owner or 

operator is already required to sign the 

certification on the Tier II inventory 

form and would know how to handle 

LEPC inquiries. 

EPA’s Response: Although the owner 

or operator of the facility is responsible 

for signing the certification on the Tier 

II inventory form, the Agency believes 

the person responsible for completing 

the form is likely to have knowledge of 

the specific details on the hazardous 

chemicals reported on the Tier II 

inventory form. Tier II contact 

information is very important for 

emergency planning and response since 

the information reported on the Tier II 

inventory form is used by LEPCs for 

updating the emergency plan. Therefore, 

EPA is adding this data element, as 

proposed. 

11. Email Addresses of Owner or 

Operator and of Emergency Contacts 

In addition to the information already 

required for the owner or operator and 

the emergency contact(s), EPA proposed 

to require facilities to also provide email 

addresses for these two individuals. 

Comment: One commenter agrees 

with EPA’s proposal to require an email 

address of the Tier II information 

contact. However, this commenter 

disagreed with EPA that facilities 

should also provide the email addresses 

for emergency contacts. The commenter 

stated that email is not an appropriate 

form of communication during an 

emergency situation and that in nonemergency situations, the person 

selected as an emergency contact may 


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not be authorized to speak for the 

reporting entity. 

EPA’s Response: The Agency believes 

that any number of ways to 

communicate with facility personnel 

(i.e. phone, email, mailing address etc.) 

is necessary to ensure proper 

coordination of emergency planning and 

response procedures. Under EPCRA 

section 303, LEPCs are required to 

develop an emergency plan and update 

it annually. Among others, the plan is 

required to include methods and 

procedures to be followed by facility 

owners and operators, as well as local 

emergency and medical personnel to 

respond to any releases (section 

303(c)(2)). Providing an email address 

for the owner or operator and of the 

emergency contact(s) would be 

beneficial to LEPCs to communicate via 

email on the methods and procedures to 

respond to releases. Also, LEPCs may 

want to inform via email the facility 

owners and operators in their 

community if the LEPCs are planning to 

conduct exercises or hold public 

meetings so facility owners and/or 

operators, emergency contacts and the 

facility emergency coordinator may 

participate in these activities. Sending 

this email to each person listed on the 

Tier II inventory form is appropriate 

since it is possible that one or two 

persons may not be available at the 

scheduled time. EPA also believes that 

these data elements do not pose 

significant regulatory burden since the 

burden to report may be incurred only 

the first year that the rule would be 

effective. In subsequent years, facilities 

may only need to update the 

information annually if any changes 

occur. Thus, EPA is adding these data 

elements to the Tier I and Tier II 

inventory forms. 

12. Range Codes and Ranges for 

Reporting Maximum Amount and 

Average Daily Amount 

The information requirements to the 

Tier I and Tier II inventory forms 

currently list range codes for reporting 

the maximum amount and average daily 

amount of hazardous chemicals present 

at the site in the preceding calendar 

year. Since sections 312 (d)(1) and (2) 

specifically state that an estimate in 

ranges for the maximum amount and 

average daily amount should be 

reported on the Tier I and II inventory 

forms, the regulations would still 

require facilities to report in ranges. 

However, the range codes currently 

listed in the regulations are very broad. 

Such information is not as useful as 

specific quantity information for 

effective emergency response planning. 

In order for the States, local agencies 

and emergency response officials to 

have information on the maximum 

amount and average daily amount that 

are closer to the actual amounts present 

at the facility, EPA proposed to narrow 

the ranges. 

Comment: One commenter from 

industry and the members of NASTTPO 

supported the proposed ranges for 

reporting maximum amount and average 

daily amount. Members of NASTTPO 

stated that this will bring much needed 

clarity and eliminate a source of 

confusion in the completion and use of 

the forms. The commenter from 

industry stated that they do not object 

to narrowing the ranges for reporting 

maximum amount and average daily 

amount of hazardous chemicals since 

narrowing the ranges may give state and 

local emergency agencies a more 

detailed picture of the chemicals at a 

facility. In addition, the commenter 

stated that the proposed changes 

accomplishes the goal of the proposed 

rule, which is to provide useful 

information to emergency planning 

agencies with little or no added burden. 

Two commenters, however, suggested 

that instead of revising the ranges or the 

range codes, EPA should require 

facilities to report the actual number of 

pounds for both maximum amount and 

average daily amount. 

EPA’s Response: As stated in the 

proposed rule, EPCRA section 312(d)(1) 

and (2) specifically states that the 

maximum amount and average daily 

amount should be reported in ranges. 

Since the statute requires these amounts 

to be reported as ranges, the Agency 

proposed to narrow the ranges so the 

amount reported would be closer to the 

amount present on-site. State and local 

agencies expressed concerns that the 

intervals between the current maximum 

and minimum values are too wide. 

Comment: Three commenters 

opposed the proposed ranges for 

reporting maximum amount and average 

daily amount. One of the commenters 

stated that the Agency’s reasoning for 

the existing range codes remains valid 

today and should not be changed unless 

new information in the record supports 

that the Agency’s initial reasoning is 

now invalid. Two of the commenters 

also argued that consistency of chemical 

weight ranges among regulatory 

programs, TRI and the section 312 Tier 

II inventory form provides the regulated 

community, emergency responders and 

the public with a uniform standard of 

measurement. One of the commenters 

also argued that the existing ranges 

adequately balances the trade-off 

between the protection of confidential 

information and the provision of useful 

data. 

EPA’s Response: The actual amount of 

a hazardous chemical present at a 

facility is the most useful information 

that LEPCs could have for effective 

planning and for response. However, the 

statute specifically states that only 

ranges should be required on the Tier I 

and Tier II inventory forms. The Agency 

believes that the ranges proposed for 

reporting maximum amount and average 

daily amount are more useful for LEPCs 

than the existing ranges, which are too 

broad. The reporting threshold for EHSs 

is 500 pounds or the TPQ whichever is 

less. Some of the EHSs have TPQs set 

as low as 1, 10, 100, 500 and 1,000 

pounds. Emergency planning for these 

chemicals are more crucial than those 

with higher TPQs (i.e. 10,000 pounds). 

EPA believes it is necessary to narrow 

the ranges so that LEPCs would obtain 

information on the amount of EHSs that 

have low TPQs in a range most likely 

closer to the actual amount present at 

the facility. 

With respect to maintaining 

consistency with the TRI program, 

reporting under EPCRA section 313 

serves a different purpose than 

hazardous chemical inventory reporting 

under EPCRA section 312, which is 

used for emergency planning and 

response. Only some of the information 

required under both programs is 

common and these would be useful to 

state and local agencies. However, the 

amount required on the TRI report is 

mainly for releases of toxic chemicals, 

whereas the amount reported on Tier II 

is storage of hazardous chemicals. Thus, 

it is not necessary or appropriate to have 

the same range values under both of 

these programs. 

IV. Revisions Specific to the Tier II 

Inventory Form 

Facilities are required to report 

specific information about hazardous 

chemicals on the Tier II inventory form. 

State and local agencies informed EPA 

that they often get Tier II inventory 

forms for mixtures not consistent with 

their section 311 MSDS or list reporting. 

Thus, in response to concerns raised by 

stakeholders, EPA proposed to revise 

some existing data elements under the 

chemical reporting section of the Tier II 

inventory form. 

In particular, EPA proposed separate 

data fields for reporting pure chemicals 

and mixtures to make reporting easier 

for facilities and for State and local 

agencies to obtain consistent 

information on chemicals reported 

under EPCRA sections 311 and 312. In 

addition, EPA proposed to delete the 

codes for reporting storage types and 

conditions from the Tier II inventory 

form instructions, but instead require 


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facilities to provide an accurate 

description of the storage types and 

conditions for each hazardous chemical 

reported. The reason EPA proposed this 

change was to provide emergency 

responders with information readily 

available rather than to search for 

instructions to determine what each 

code represents. 

One commenter from industry 

supported the proposed clarification on 

the reporting of mixtures. The 

commenter also stated that the listing of 

actual container types, rather than the 

use of codes, are positive changes that 

will move the program toward the ease 

of use for emergency responders. 

A. Chemical Information—Pure 

Chemical and Mixtures 

EPA received requests from certain 

sectors of the regulated community to 

provide clear instructions for reporting 

mixtures on the Tier II inventory form. 

In addition, State and local agencies 

informed EPA that they often get Tier II 

inventory forms that are not consistent 

with the facility’s MSDS or list reporting 

under section 311 for mixtures. On 

November 3, 2008 (73 FR 65452), EPA 

provided clarification on how to 

determine if a reporting threshold has 

been met for mixtures that contain EHSs 

and non-EHSs as their components. In 

that rule, EPA also reiterated the 

flexibility provided in EPCRA section 

312 that facilities may either report the 

component or the total mixture. 

EPA proposed separate data fields for 

reporting pure chemicals and mixtures 

so that the regulated community would 

be consistent in reporting mixtures with 

their section 311 reporting. The Tier II 

inventory form requires facilities to 

report the maximum amount and 

average daily amount, as well as the 

storage types and conditions. However, 

the Tier II inventory form prior to the 

proposed rule did not specify if the 

maximum amount or the average daily 

amount present on-site is referring to 

the component or the mixture since 

facilities have the option to report the 

component or the mixture. In order to 

make reporting easier for facilities and 

make the Tier II inventory form more 

user friendly, EPA proposed separate 

data fields for reporting pure chemicals 

and mixtures. If facilities are reporting 

a mixture by its components or the total 

mixture itself, separate data fields were 

proposed to specify the maximum 

amount and average daily amount for 

EHSs, non-EHSs, as well as the mixture 

itself. EPA is now finalizing these 

changes as proposed. 

Comment: Three commenters raised 

questions concerning EPA’s adding 

separate data fields for pure chemicals 

and mixtures. One comment requested 

that EPA clarify if product name, trade 

or other chemical information should be 

provided for the mixture. Another 

comment was concerned that the 

proposed reporting section for mixtures 

shows a data field for reporting all nonEHSs in the mixtures, which facilities 

are not required to do, and could be 

confusing for those facilities that are 

reporting mixtures. 

EPA’s Response: EPA decided to 

propose separate data fields for mixtures 

and pure chemicals since certain sectors 

of the regulated community requested 

that EPA clarify the reporting of 

mixtures after publication of the final 

rule on November 3, 2008 (73 FR 65452) 

in which EPA sought to clarify the 

reporting of mixtures, as well as other 

reporting requirements. The instructions 

to the Tier II inventory form would 

specify facilities to report ‘‘mixture 

name,’’ ‘‘product name’’ or ‘‘chemical 

name’’ as it appears on the MSDS, 

whether the hazardous chemical 

reported is pure or a mixture. 

As stated in 40 CFR 370.14, facilities 

have the flexibility for reporting nonEHSs in mixtures, and the inclusion of 

the data field for non-EHSs is for the 

convenience of the owner or operator of 

the facility. However, EPA is only 

requiring facilities to aggregate the 

amount of EHSs in mixtures and in pure 

form and then report the EHSs in 

mixtures. 

Comment: Two commenters suggested 

that EPA develop a standard reporting 

format to address lead-acid batteries. 

The commenters stated that the 

reporting of batteries would be 

consistent if the facilities report the total 

battery weight with a percentage EHS. 

EPA’s Response: EPA is not 

developing a standard reporting format 

to address lead-acid batteries at this 

time. However, EPA wants to suggest 

how facilities could report batteries on 

the Tier II inventory form. Although 

separate data fields are provided for 

reporting pure chemicals and mixtures, 

it is best for emergency responders to 

obtain information on hazardous 

chemicals consistent with a facility’s 

MSDS reporting under section 311. 

Thus, if the facility has an MSDS for 

batteries that require reporting on the 

Tier II form, EPA suggests the facility 

report batteries in the data field marked 

‘‘mixture or product name’’ and then 

report the name and the amount of the 

EHS present. 

B. Storage Types and Conditions 

Prior to the proposed rule, the 

instructions to the Tier II inventory form 

specified codes for reporting storage 

types and conditions. State and local 

agencies requested that EPA remove the 

codes and require facilities to provide a 

description for the various types of 

storage and conditions so that in an 

emergency local agencies and 

responders won’t have to search for 

instructions to the Tier II inventory form 

to find out what each code represents. 

Comment: Four commenters 

supported, but also provided 

suggestions on this specific proposal. 

One of the commenters stated that this 

revised data element will ease the 

recordkeeping requirements for 

facilities, while still providing useful 

information for emergency planning 

agencies. Another commenter stated 

that instead of eliminating the use of 

storage codes, the option should be 

provided to use the codes and a 

description for the container types. The 

commenter stated that this would 

provide the reporting facility with the 

ability to use familiar storage codes with 

the option to provide more description 

if a code does not fully describe the 

container type. Another commenter 

requested that a pick list be provided for 

storage types and conditions. 

EPA’s Response: The Tier2 Submit 

software already includes a ‘‘pick list’’ 

for storage types and conditions and the 

option to provide a description not 

listed in the ‘‘pick list.’’ The Agency 

agrees with State and local agencies that 

at a time when an emergency is 

occurring, it is more appropriate for an 

accurate description of the various types 

of storage and conditions for each 

hazardous chemical present at a facility 

be described on the Tier II inventory 

form. The instructions to the Tier II 

inventory form would include some 

examples of common types of storage 

and conditions. 

Comment: One commenter opposed 

the elimination of reporting codes for 

storage type and conditions. The 

commenter stated that the proposed 

elimination of codes opens these data 

elements for personal and possibly 

incorrect interpretation, whereas 

currently the data is standardized via 

the code system. Otherwise, a user must 

craft language naming storage types, 

temperature and pressure conditions 

that they may understand, but 

nonetheless may likely be differently 

described by another entity. The 

commenter also stated that the facility 

files over 550 annual EPCRA Tier II 

inventory forms and uses Tier2 Submit 

software as allowed by state reporting 

requirements. The facility is concerned 

that the elimination of reporting codes 

for storage type and temperature and 

pressure conditions would necessitate 

physical data entry for these three fields 

on each annual filing. Such a laborious 


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effort is both time consuming and 

subject to human data entry error. The 

current use of reporting codes 

eliminates the possibility of key stroke 

data entry errors. 

EPA’s Response: The elimination of 

codes for storage types, as well as 

temperature and pressure, was 

requested by state and local agencies. In 

an emergency situation, it would be 

easier for these agencies and other 

emergency responders to have the 

information readily available rather than 

to search for instructions to the Tier II 

inventory form to determine what each 

code represents. It is not possible to list 

a code for every storage type or 

condition that maybe available. 

Therefore, the Agency believes it would 

be more accurate if the facility describes 

the storage type(s) and conditions for 

the hazardous chemicals present on-site. 

The commenter mentioned that the 

facility files over 550 Tier II inventory 

reports. The federal electronic reporting 

format, Tier2 Submit software, includes 

a pick list for some of the common 

storage types and conditions. The 

instructions to the Tier II inventory form 

will be revised to include some 

examples of common storage types and 

conditions. Nevertheless, facilities are 

encouraged to report the chemical 

information section of the Tier II 

inventory form as accurately as possible 

for each location of the facility rather 

than filing one form making multiple 

copies of the form to represent each 

location. Since storage locations, 

amounts, as well as storage types may 

vary from location to location, reporting 

accurate information for each location is 

important for emergency planning and 

response. 

V. Additional Concerns and 

Suggestions 

EPA received several comments with 

suggestions on including additional data 

fields on the Tier II inventory form. One 

commenter stated that there needs to be 

a space on the Tier II inventory form for 

reporting additional LEPC or State 

requirements. Many LEPCs have 

established a lower threshold for 

specific chemicals presenting unique 

risks to those communities so there 

should be a convenient spot on the Tier 

II inventory form for this information. 

The commenter also stated that the right 

hand edge of the current form is a spot 

for facilities to note that they are 

voluntarily submitting information that 

would not be otherwise reported and 

that this portion should remain 

unchanged. Additionally, a commenter 

suggested that the Agency not adopt 

these changes prior to the next reporting 

cycle unless the Tier2 Submit software 

will be revised to incorporate the 

changes made to the Tier II inventory 

form. 

EPA’s Response: For states that use 

Tier2 Submit, EPA currently modifies 

the system annually to incorporate statespecific fields that are required under 

the state regulations. The optional boxes 

provided on the bottom of the current 

federal Tier I and II inventory forms are 

for any optional attachments that 

facilities may be including with their 

inventory form, such as the facility site 

plan, list of site coordinate 

abbreviations, description of dikes, etc. 

These boxes appear on the first page of 

the proposed Tier II inventory form and 

remain unchanged on the Tier I and Tier 

II inventory forms. 

Optional boxes provided on the right 

hand side of the storage code and 

location columns of the current Tier II 

inventory form are for facilities to 

indicate if all of the information on a 

specific hazardous chemical is identical 

to that submitted last year. Prior to the 

proposed rule, the federal Tier II 

inventory form did not have an optional 

box to indicate if chemicals reported onsite are below the applicable reporting 

threshold as stated by the commenter. 

However, as requested by the 

commenter, EPA is adding data fields 

for facilities that wish to provide 

information on a voluntary basis on 

hazardous chemicals not required, such 

as those below the reporting thresholds. 

As stated in section III.B. of this 

action, the Agency has decided to 

require facilities to comply with the 

new requirements on the Tier II 

inventory form starting reporting year 

2013, which is due by or on March 1, 

2014. Tier2 Submit will be modified 

accordingly. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

The information collection 

requirements in this rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. The information collection 

requirements are not enforceable until 

OMB approves them. 

The Information Collection Request 

(ICR) document prepared by EPA has 

been assigned EPA ICR number 2436.02. 

This action may impose only minimal 

reporting burden on facilities since the 

data elements finalized on the Tier I and 

Tier II inventory forms are readily 

available to the facility. The data 

elements finalized in this action are 

general information regarding the 

location of the facility and contact 

information for certain personnel, such 

as emergency contact, person 

responsible for the information reported 

on the Tier I and Tier II inventory forms, 

etc. State and local agencies requested 

that EPA add the new data elements 

since the additional information would 

be useful to develop or modify their 

emergency response plans. New data 

elements, such as the facility emergency 

coordinator needs to be updated 

annually for LEPCs to coordinate 

emergency plans for the community. 

Although facilities are required to notify 

LEPCs of any changes under EPCRA 

section 303 (d)(2), such as personnel 

changes for facility emergency 

coordinator, emergency contacts, etc, 

LEPCs informed EPA that some facilities 

overlook this reporting requirement. 

As suggested by few members of the 

regulated community, some of the data 

elements added to the Tier I and Tier II 

inventory forms are listed as optional 

data elements. The burden imposed for 

reporting the new data elements will 

only occur in the first year that the rule 

becomes effective. In subsequent years, 

only changes at the facility need to be 

updated. 

EPA also revised some data elements 

in the chemical reporting section of the 

Tier II inventory form as requested by 

state and local officials, as well as a few 

small entities to make reporting easier 

for facilities and make the form more 

user-friendly for state and local officials. 

The Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in regulations at 40 CFR part 

370, which includes information 

requirements for the Tier I and Tier II 

inventory forms, under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2050–0072. EPA ICR number 1352.11. 

The OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. Burden is defined at 5 CFR 

1320.3(b). 

EPA estimates that there are 390,000 

facilities that may be subject to 

reporting the new data elements 

finalized in this action. EPA estimates 

the same unit burden for small, medium 


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and large facilities since the time 

required to report the new data elements 

that EPA is finalizing will be the same 

for all facilities. 

All states require facilities to submit 

the federal Tier II inventory form or the 

state developed reporting form or format 

equivalent to the Tier II inventory form 

instead of the Tier I inventory form. The 

new data elements that the Agency is 

finalizing are readily available to 

facilities. Thus, EPA estimates that it 

will take approximately 15 minutes 

(0.25 hours) for technical staff at each 

facility to record the new data elements 

on the Tier II inventory form. Total 

burden for manufacturers to report the 

new data elements on the Tier II 

inventory form is estimated to be 30,000 

hours, while the total burden for nonmanufacturers to report the new data 

elements on the Tier II inventory form 

is estimated to be 67,500 hours. The 

new data elements that EPA is finalizing 

may not change yearly for any facilities. 

Approximately 40 states require 

facilities to submit their inventory form 

electronically. For these facilities, any 

changes that may occur for any of the 

new data elements can be revised with 

little or no burden. Therefore, the 

burden associated with this ICR is not 

expected to incur after the initial 

reporting year. However, since the new 

data elements required on the Tier II 

inventory form are crucial for effective 

emergency planning and response, EPA 

assumes that facilities would take 15 

minutes (0.25 hours) to review and 

update the information annually, if 

necessary. 

EPA also estimates that facilities 

would take approximately 45 minutes 

(0.75 hours) to get familiar with the new 

reporting requirements on the Tier II 

inventory form. The total one-time 

burden for manufacturers to get familiar 

with the changes on the Tier II 

inventory form is estimated to be 90,000 

hours and for non-manufacturers, the 

total one-time burden is estimated to be 

202,500 hours. The Agency does not 

expect this burden to extend beyond the 

first effective date of the rule. 

As of reporting year 2010, 

approximately 20 states have their own 

electronic reporting tool for submitting 

the hazardous chemical inventory. 

Based on the federal cost and hours to 

make changes to the Tier2 Submit, EPA 

estimates that each state would spend 

approximately 200 hours to add new 

data elements and revise the existing 

data elements to their existing software 

at a cost of $50,000. The costs include 

initial analysis, design, programming, 

alpha and beta testing, and field 

deployment. Data management burden 

for State and local agencies is not 

estimated in this ICR since the new data 

elements will be part of the inventory 

form that these entities currently receive 

annually. 

The total one-time burden for 

facilities for rule familiarization is 

292,500 hours at a cost of $15,456,375. 

The annual burden for facilities to 

report new data elements and for 

making revisions in subsequent years is 

estimated to be 97,500 hours at a cost 

of $5,152,125. The total burden for the 

20 states that need to modify their 

reporting software is 4,000 hours at a 

cost of $1,000,000. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations are listed 

in 40 CFR part 9. When this ICR is 

approved by OMB, the Agency will 

publish a technical amendment to 40 

CFR part 9 in the Federal Register to 

display the OMB control number for the 

approved information collection 

requirements contained in this final 

rule. 

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 Procedure 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. 

For purposes of assessing the impacts 

of today’s final rule on small entities, a 

small entity is 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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

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 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 U.S.C. 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. 

The additional data elements on the 

Tier I and Tier II inventory forms that 

we are finalizing in this action have 

been requested by State and local 

agencies in an effort to develop or 

modify their community emergency 

response plans. Although some small 

entities may be affected by this final 

action, the new data elements required 

will be reported only in the first year 

that the rule becomes effective. In 

subsequent years, only changes would 

need to be updated. The data elements 

we are revising in the chemical 

reporting section of the Tier II inventory 

form would make the forms more userfriendly, and thus, will make reporting 

easier for facilities, especially small 

businesses and will also make the forms 

more user-friendly for state and local 

officials. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1532– 

1538 for State, local, or tribal 

governments or the private sector. This 

action does not impose any new 

requirements on State, local or tribal 

governments. The data elements that we 

are finalizing in this action would be 

helpful, to State, local and tribal 

governments to develop or modify their 

community emergency response plans. 

In addition, the data elements revised in 

the chemical reporting section of the 

Tier II inventory form would make the 

form more user-friendly. State and local 

agencies requested EPA to add most of 

the data elements that EPA is finalizing 

in this action. Therefore, this action is 

not subject to the requirements of 

sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action 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 


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Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41313 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The data 

elements that we are finalizing in this 

action would be helpful to State, local 

and tribal governments to develop or 

modify their community emergency 

response plans. In addition, the data 

elements revised in the chemical 

reporting section of the Tier II inventory 

form would make the form more userfriendly. State and local agencies 

requested that EPA add most of the data 

elements that EPA is finalizing in this 

action. 

This rule does not impose any 

requirements on state or local 

governments. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, (65 FR 67249, November 

9, 2000). The data elements that we are 

finalizing on the Tier I and Tier II 

inventory forms would be helpful for 

tribal governments to develop or modify 

their community emergency response 

plans. In addition, the data elements 

revised on the Tier II form would make 

the form more user-friendly. This action 

also does not impose any new 

requirements on tribal governments. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866 and because the Agency 

does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. The additional information 

that we are requiring on the Tier I and 

Tier II inventory forms will be useful to 

State and local officials to assist them in 

preparing the community in an 

emergency situation. 

H. Executive Order 13211: Energy 

Effects 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

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. 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 (February 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. The additional 

information that we are requiring on the 

Tier I and Tier II inventory forms will 

be useful to State and local officials to 

assist them in preparing the community 

in an emergency situation. 

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 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 Part 370 

Emergency and hazardous chemical 

inventory forms, Emergency Planning 

and Community Right-to-Know Act 

(EPCRA), Hazardous chemicals, 

Hazardous substances, 

Intergovernmental relations, Reporting 

requirements, Superfund, Tier I and 

Tier II inventory forms. 

Dated: July 3, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 370—HAZARDOUS CHEMICAL 

REPORTING: COMMUNITY RIGHT-TOKNOW 

■ 1. The authority citation for part 370 

continues to read as follows: 

Authority: 42 U.S.C. 11021 and 11022. 

■ 2. Section 370.41 is revised to read as 

follows: 

§ 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 inventory form includes the 

following data elements: 

(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 


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41314 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

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. 

Note to paragraph (a): Some states require 

electronic reporting (on-line or via diskettes) 

and electronic certification. Contact your 

state for the specific requirements in that 

state. 

(b) The calendar year for the reporting 

period. 

(c) An indication whether the 

information being reported on page one 

of the form is identical to that submitted 

last year. 

(d) The complete name and address of 

the location of your facility (include the 

full street address or state road, city, 

county, State and zip code), latitude and 

longitude. 

(e) An indication if the location of 

your facility is manned or unmanned. 

(f) An estimate of the maximum 

number of occupants present at any one 

time. If the location of your facility is 

unmanned, check the box marked N/A, 

not applicable. 

(g) The phone number of your facility 

(optional). 

(h) The North American Industry 

Classification System (NAICS) code for 

your facility. 

(i) The Dun & Bradstreet number of 

your facility. 

(j) Facility identification numbers 

assigned under the Toxic Release 

Inventory (TRI) and Risk Management 

Program. If your facility has not been 

assigned an identification number under 

these programs or if your facility is not 

subject to reporting under these 

programs, check the box marked N/A, 

not applicable. 

(k) An indication whether your 

facility is subject to the emergency 

planning notification requirement under 

EPCRA section 302, codified in 40 CFR 

part 355. 

(l) An indication whether your facility 

is subject to the chemical accident 

prevention requirements under Section 

112(r) of the Clean Air Act, codified in 

40 CFR part 68, also known as the Risk 

Management Program. 

(m) The name, mailing address, phone 

number and email address of the owner 

or operator of the facility. 

(n) The name, mailing address, phone 

number, Dun & Bradstreet number and 

email address of the facility’s parent 

company. These are optional data 

elements. 

(o) The name, title, phone number, 

24-hour phone number, and email 

address of the facility emergency 

coordinator, if applicable. 

Note to paragraph (o): EPCRA Section 

303(d)(1) requires facilities subject to the 

emergency planning notification requirement 

under EPCRA section 302 (including 

additional facilities designated by the 

Governor or the SERC under EPCRA section 

302(b)(2)) to designate a facility 

representative who will participate in the 

local emergency planning process as a 

facility emergency coordinator. EPA 

encourages facilities not subject to the 

emergency planning notification requirement 

also to provide this information, if available, 

for effective emergency planning in your 

community. 

(p) The name, title, phone number, 

and email address of the person to 

contact for the information contained in 

the Tier I form. 

(q) The name, title, phone number 

and email address of at least one local 

individual that can act as a referral if 

emergency responders need assistance 

in responding to a chemical accident at 

your facility. You must also provide an 

emergency phone number which will be 

available 24 hours a day, every day. 

(r) An indication whether the 

information being reported on page two 

of the form is identical to that submitted 

last year. 

(s) 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 

provided in § 370.43. 

(t) 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 provided in 

§ 370.43. 

(u) The maximum number of days 

that any single hazardous chemical 

within each hazard category was present 

at your facility during the reporting 

period. 

(v) The general location of hazardous 

chemicals in each hazard category 

within your facility. General locations 

should include the names or 

identification of buildings, tank fields, 

lots, sheds or other such areas. You may 

also attach one or more of the following 

with your Tier I inventory form: 

(1) A site plan with site indicated for 

buildings, lots, areas, etc. throughout 

your facility. 

(2) A list of site coordinate 

abbreviations that correspond to 

buildings, lots, areas, etc., throughout 

your facility. 

(3) A description of dikes and other 

safeguard measures for storage locations 

throughout your facility. 

(w) An indication whether you are 

including any attachments (optional). 

■ 3. Section 370.42 is revised to read as 

follows: 

§ 370.42 What is Tier II inventory 

information? 

Tier II information provides State and 

local officials and the public with 

specific information on the amounts and 

locations of hazardous chemicals 

present at your facility during the 

previous calendar year. Some states may 

require you to use a state reporting 

format including electronic reporting 

and certification for submitting your 

hazardous chemical inventory. Contact 

your state for the specific requirements 

in that state. Tier II inventory form 

includes the following data elements: 

(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, signature, date signed, and 

total number of pages in the submission 

including all Confidential and NonConfidential 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. 

Note to paragraph (a): Some states require 

electronic reporting (on-line or via diskettes) 

and electronic certification. Contact your 

state for the specific requirements in that 

state. 

(b) The calendar year of the reporting 

period. 

(c) An indication whether the 

information being reported on page one 

of the form is identical to that submitted 

last year. 

(d) The complete name and address of 

the location of your facility (include the 

full street address or state road, city, 

county, State and zip code), latitude and 

longitude. 

(e) An indication if the location of 

your facility is manned or unmanned. 

(f) An estimate of the maximum 

number of occupants present at any one 


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time. If the location of your facility is 

unmanned, check the box marked N/A, 

not applicable. 

(g) The phone number of your facility 

(optional). 

(h) The North American Industry 

Classification System (NAICS) code for 

your facility. 

(i) The Dun & Bradstreet number of 

your facility. 

(j) Facility identification numbers 

assigned under the Toxic Release 

Inventory (TRI) and Risk Management 

Program. If your facility has not been 

assigned an identification number under 

these programs or if your facility is not 

subject to reporting under these 

programs, check the box marked N/A, 

not applicable. 

(k) An indication if your facility is 

subject to the emergency planning 

notification requirement under section 

302 of EPCRA, codified in 40 CFR part 

355. 

(l) An indication whether your facility 

is subject to the chemical accident 

prevention requirements under section 

112(r) of the Clean Air Act (CAA), 

codified in 40 CFR part 68, Chemical 

Accident Prevention Provisions, also 

known as the Risk Management 

Program. 

(m) The name, mailing address, phone 

number and email address of the owner 

or operator of the facility. 

(n) The name, mailing address, phone 

number, Dun & Bradstreet number and 

email address of the facility’s parent 

company. These are optional data 

elements. 

(o) The name, title, phone number, 

24-hour phone number and email 

address of the facility emergency 

coordinator, if applicable. 

Note to paragraph (o): Section 303(d)(1) of 

EPCRA requires facilities subject to the 

emergency planning notification requirement 

(including additional facilities designated by 

the Governor or the SERC under EPCRA 

section 302(b)(2)) to designate a facility 

representative who will participate in the 

local emergency planning process as a 

facility emergency coordinator. EPA 

encourages facilities not subject to the 

emergency planning notification requirement 

also to provide this information, if available, 

for effective emergency planning in your 

community. 

(p) The name, title, phone number 

and email address of the person to 

contact regarding information contained 

in the Tier II form. 

(q) The name, title, phone number 

and email address of at least one local 

individual that can act as a referral if 

emergency responders need assistance 

in responding to a chemical accident at 

your facility. You must also provide an 

emergency phone number which will be 

available 24 hours a day, every day. 

(r) An indication whether the 

information being reported on page two 

of the form is identical to that submitted 

last year. 

(s) For each hazardous chemical that 

you are required to report, you must: 

(1) Pure Chemical: Provide the 

chemical name (or the common name of 

the chemical) as provided on the 

Material Safety Data Sheet (MSDS) and 

provide the Chemical Abstract Service 

(CAS) registry number of the chemical 

provided on the MSDS. 

Note to paragraph (s)(1): 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 a 

solid, liquid, or gas; and whether the 

chemical is an EHS. 

(3) Mixture: If you are reporting a 

mixture, enter the mixture name, 

product name or trade name as provided 

on the Material Safety Data Sheet 

(MSDS) and provide the Chemical 

Abstract Service (CAS) registry number 

of the mixture provided on the MSDS. 

If there is no CAS number provided or 

it is not known, check the box ‘‘Not 

Available.’’ 

(4) If the mixture you are reporting 

contains EHS(s), provide the name(s) of 

each EHS in the mixture. As provided 

in § 370.14(a), you also have an option 

to report the non-EHS hazardous 

components in the mixture. 

(5) Pure Chemical or Mixture: Indicate 

which hazard categories apply to the 

chemical or the mixture. The five 

hazard categories are defined in 

§ 370.66. 

(6) 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. If you are reporting a 

mixture, provide an estimate of the total 

amount of the mixture present at your 

facility on any single day during the 

preceding calendar year. If the mixture 

contains any EHS, provide the total 

amount of each EHS in that mixture. 

You must use the codes that correspond 

to different ranges. The amounts and 

associated range codes are in § 370.43. 

(7) Provide an estimate (in ranges) of 

the average daily amount of the 

hazardous chemical present at your 

facility during the preceding calendar 

year. If you are reporting a mixture, 

provide an estimate of the average daily 

amount of the mixture. You must use 

the codes that correspond to different 

ranges. The amounts and associated 

range codes are in § 370.43. 

(8) Provide the maximum number of 

days that the hazardous chemical or 

mixture was present at your facility 

during the preceding calendar year. 

(9) Provide the type of storage for the 

hazardous chemical or the mixture 

containing the hazardous chemical at 

your facility. Examples for types of 

storage: Above-ground tank, plastic or 

non-metallic drum, steel drum, 

cylinder, rail car, etc. 

(10) Provide the storage conditions for 

the hazardous chemical or the mixture 

containing the hazardous chemical at 

your facility. Examples for types of 

storage conditions: Ambient pressure, 

ambient temperature, less than ambient 

temperature/pressure, cryogenic 

conditions, etc. 

Note to paragraphs (s)(9) and (10): Your 

SERC or LEPC may have specific instructions 

for reporting types of storage and/or storage 

conditions. 

(11) Provide a brief description of the 

precise location(s) of the hazardous 

chemical(s) or the mixture(s) at your 

facility. You may also attach one of the 

following with your Tier II inventory 

form: 

(i) A site plan with site coordinates 

indicated for buildings, lots, areas, etc. 

throughout your facility. 

(ii) A list of site coordinate 

abbreviations that correspond to 

buildings, lots, areas, etc., throughout 

your facility. 

(iii) A description of dikes and other 

safeguard measures for storage locations 

throughout your facility. 

(12) 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. 

(13) You may provide additional 

reporting. For example, if your State or 

local agencies require you to provide 

inventory information on additional 

chemicals or if you wish to report any 

hazardous chemical below the reporting 

thresholds specified in § 370.10, check 

the appropriate box. 

(t) An indication whether you are 

including any attachments (optional). 

■ 4. Section 370.43 is revised to read as 

follows: 


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41316 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

§ 370.43 What codes are used to report 

Tier I and Tier II inventory information? 

(a) Weight range codes. Except as 

provided in paragraph (b) 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 inventory 

information: 

Range codes 

Weight range in pounds 

From To 

01 .................. 0 99 

02 .................. 100 499 

03 .................. 500 999 

04 .................. 1,000 4,999 

05 .................. 5,000 9,999 

06 .................. 10,000 24,999 

07 .................. 25,000 49,999 

08 .................. 50,000 74,999 

09 .................. 75,000 99,999 

10 .................. 100,000 499,999 

11 .................. 500,000 999,999 

12 .................. 1,000,000 9,999,999 

13 .................. 10,000,000 (*) 

* Greater than 10 million 

Note to paragraph (a): To convert gas or 

liquid volume to weight in pounds, multiply 

by an appropriate density factor. 

(b) Your SERC or LEPC may provide 

other range codes for reporting 

maximum amount and average daily 

amount, 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. 

[FR Doc. 2012–16951 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF JUSTICE 

41 CFR Part 128–1 

[Docket No. FBI 151] 

RIN 1110–AA32 

Federal Bureau of Investigation AntiPiracy Warning Seal Program 

AGENCY: Federal Bureau of Investigation 

(FBI), Justice. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Bureau of Investigation (FBI) finalizes 

its proposed regulation regarding the 

FBI Anti-Piracy Warning Seal (APW 

Seal). The final rule provides a general 

authorization allowing all copyright 

holders to use the APW Seal, subject to 

specific conditions of use. 

DATES: This rule is effective on August 

13, 2012. 

FOR FURTHER INFORMATION CONTACT: John 

C. Allender, FBI Office of the General 

Counsel, telephone number 202–324– 

8088. 

SUPPLEMENTARY INFORMATION: In this 

document, the FBI finalizes a regulation 

proposed on September 7, 2011 (76 FR 

55332), regarding the FBI APW Seal 

Program. In this regulation, the FBI 

extends access to the APW Seal to all 

United States copyright holders, subject 

to specific conditions of use. 

A. Discussion 

The FBI APW Seal is a modified 

image of the FBI’s Official Seal with the 

words ‘‘FBI Anti-Piracy Warning’’ 

superimposed on it. The APW Seal was 

designed to graphically enhance the 

impact of language warning users of 

copyrighted media about the potential 

consequences of intellectual property 

crime, and the FBI’s role in investigating 

such crime. It serves as a vivid and 

widely recognizable reminder of the 

FBI’s authority and mission with respect 

to the protection of intellectual property 

rights. 

Beginning in December 2003, the FBI 

implemented a pilot program in which 

the FBI entered into separate 

Memoranda of Understanding with each 

of five entertainment and software 

industry associations. Members of these 

associations were able to request 

approval to use the APW Seal from the 

association, and the association 

administered the process and recordkeeping. Largely as a result of this 

program, the APW Seal and its antipiracy message have reached a large 

segment of the public. Unfortunately, 

the pilot program also had the effect of 

excluding non-members of these five 

associations from being able to use the 

APW Seal on their works. 

In order to enhance the availability, 

use, and effectiveness of the APW Seal 

on lawful, copyright-protected works, 

this rule establishes a regulation 

governing the use of the APW Seal. The 

image of the APW Seal will be made 

available on the FBI’s Web site, and it 

may be downloaded for use on eligible 

works as specified in the text of the 

regulation below. There will be no fee 

associated with using the APW Seal. 

This regulation will be a significant 

improvement over the current program, 

which has tended to limit the use of the 

APW Seal and requires each user to 

enter into a written agreement governing 

the use. Once this regulation is effective, 

the FBI will work with the participating 

associations to terminate the pilot 

program. 

B. Overview of Public Comments 

Received 

All public comments were considered 

in preparing this final rule. Of the fortyfive comments received, most expressed 

general agreement with the proposed 

rule. Twenty-four comments specifically 

noted the benefits of expanding the use 

of the APW Seal beyond the five 

associations participating in the pilot 

program. Many of these spoke favorably 

about eliminating the financial and 

administrative obstacles to use of the 

APW Seal under the pilot program. Four 

comments noted the benefits of speed 

and ease of access offered by the 

proposed on-line process for obtaining 

the APW Seal. 

The comments received from selfidentified copyright holders expressed 

strong support for the proposed rule. 

For example, two comments from 

organizations in the spectator sports and 

independent film industries highlighted 

the direct negative impact that copyright 

piracy has on each industry. These 

comments noted that the ‘‘perishable 

nature’’ of live sporting events and the 

need to justify income projections in 

order to secure financing for 

independent films leaves these 

industries vulnerable to the financial 

consequences of piracy. These 

comments support the FBI’s belief that 

increased availability of the APW Seal 

will assist copyright holders in 

educating users and protecting their 

works from piracy. 

Six comments expressed opposition 

to the proposed rule, noting various 

concerns either with the effectiveness of 

the APW Seal program in deterring 

piracy generally, or with the new 

direction outlined in the proposed rule. 

These included assertions that the APW 

Seal and accompanying warning do not 

effectively deter piracy of intellectual 

property and are a waste of FBI 

resources; that the lack of positive 

control over who downloads the APW 

Seal could lead to increased misuse of 

the APW Seal and undermine the 

effectiveness of the anti-piracy message 

and the FBI’s reputation; and that the 

APW Seal program and other United 

States Government efforts to combat 

copyright piracy are merely the product 

of pressure from the entertainment 

industry. 

The FBI responds to these comments 

with three points. First, the FBI believes 

that the APW Seal and accompanying 

warnings convey important messages to 

the public and are a significant 

component of its efforts to deter and to 

investigate federal crimes involving the 

piracy of intellectual property. Allowing 

use by copyright holders who are not 

members of industry associations will 

enhance those efforts. Second, although 

broader access may make unauthorized 

use more likely, this concern is 

overshadowed by the value of 


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