Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 48093 

(1) Carbon dioxide streams that meet 

all of the following conditions are 

excluded from the definition of 

hazardous waste: 

(i) Transportation of the carbon 

dioxide stream must be in compliance 

with applicable Department of 

Transportation requirements; 

(ii) Injection of the carbon dioxide 

stream must be in compliance with the 

applicable requirements for Class VI 

Underground Injection Control wells, 

including the applicable requirements 

in 40 CFR parts 144 and 146; 

(iii) No other hazardous wastes may 

be mixed with, or otherwise co-injected 

with, the carbon dioxide stream; and 

(iv) Any generator of a carbon dioxide 

stream, and any Class VI Underground 

Injection Control well owner or 

operator, who claims that a carbon 

dioxide stream is excluded under 

paragraph (h)(1) of this section, must 

have an authorized representative (as 

defined in 40 CFR 260.10) sign a 

certification statement worded as 

follows: 

I certify under penalty of law that the 

carbon dioxide stream that I am claiming to 

be excluded under 40 CFR 261.4(h)(1) meets 

all of the conditions set forth in that 

paragraph. 

The signed certification statement 

must be kept on-site for no less than 

three years. The signed certification 

statement must be made available 

within 72 hours of a written request 

from the Regional Administrator or state 

Director (if located in an authorized 

state), or their designee, and shall be 

renewed every year by persons claiming 

the exclusion in 40 CFR 261.4(h). The 

yearly renewal of a certification 

statement under this paragraph means 

that an authorized representative must 

annually prepare and sign a new copy 

of the certification statement. 

[FR Doc. 2011–19915 Filed 8–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 370 

[EPA–HQ–SFUND–2010–0763; FRL–9448–8] 

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: Proposed rule. 

SUMMARY: The U.S Environmental 

Protection Agency (EPA or the Agency) 

is proposing to revise the Emergency 

and Hazardous Chemical Inventory 

Forms (Tier I and Tier II) under Section 

312 of the Emergency Planning and 

Community Right-to-Know Act (EPCRA) 

to add new data elements and revise 

some existing data elements. 

DATES: Comments must be received on 

or before October 7, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2010–0763 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: superfund.docket@epa.gov. 

• Fax: (202) 566–0224. 

• Mail: EPA Docket Center, 

Superfund Docket, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

• Hand Delivery: Environmental 

Protection Agency West Building, Room 

3334, 1301 Constitution Avenue, NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2010– 

0763. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: 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., 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 in http:// 

www.regulations.gov or in hard copy at 

the Superfund Docket, EPA/DC, EPA 

West Building, 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, Mailcode 5104A, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., Washington 

DC 20004; telephone number: (202) 

564–8019; fax number: (202) 564–2620; 

e-mail address: jacob.sicy@epa.gov. 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). You may wish to 

visit the Office of Emergency 

Management (OEM) Internet site at 

http://www.epa.gov/emergencies. 

SUPPLEMENTARY INFORMATION: Here are 

the contents of today’s preamble. 

I. General Information 

A. Who is affected by this proposed rule? 

B. What should I consider as I prepare my 

comments for EPA? 

C. What is the statutory authority for this 

proposed rule? 

D. What is the background of this proposed 

rule? 

II. What are the revisions that EPA is 

proposing on the Tier I and Tier II forms? 

A. Facility Identification 

B. Name of the Facility’s Parent Company 

and Owner or Operator of the Facility 

C. Facility Emergency Coordinator 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
48094 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 

D. Tier I and Tier II Information Contacts 

E. Subject to Emergency Planning 

Notification Under Section 302 of 

EPCRA 

F. Subject to Chemical Accident 

Prevention Under Section 112(r) of the 

Clean Air Act (40 CFR part 68, Risk 

Management Program) 

G. Range Codes and Ranges for Reporting 

Maximum Amount and Average Daily 

Amount 

III. What are the revisions specific to the Tier 

II form proposed by EPA in this rule? 

A. Chemical Information 

B. Storage Types and Conditions 

IV. Statutory and Executive Orders 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order13563: 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 (‘‘NTAA’’) 

J. Executive Order 12898: (Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations) 

I. General Information 

A. Who is affected by this proposed 

rule? 

Entities that would be affected by this 

proposed 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. 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 should I consider as I prepare 

my comments for EPA? 

Tips for Preparing Your Comments. 

When submitting comments remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. What is the statutory authority for 

this proposed rule? 

This proposed rule is being issued 

under EPCRA, which was enacted as 

Title III of the Superfund Amendments 

and Reauthorization Act (SARA) of 1986 

(Pub. L. 99–499). The Agency relies on 

sections 312 and 328 of EPCRA for 

general rulemaking authority. 

D. What is the background of this 

proposed 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 

officials with information concerning 

chemical releases and the potential 

chemical risks in their communities. 

EPCRA consists of emergency planning 

notification and community right-toknow reporting of hazardous and toxic 

chemicals. The implementing 

regulations as well as substances and 

reporting thresholds are codified in 40 

CFR parts 355 and 370. 

Under the emergency planning 

provisions of EPCRA, 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 EHS 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 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 the information obtained from 

facilities to develop emergency response 

plans required under section 303 of 

EPCRA. Section 303 of EPCRA also 

requires LEPCs to review these plans 

annually and to adjust them 

accordingly, for changes that have 

occurred in their community. 

Reporting requirements under the 

community right-to-know provisions, 

sections 311 and 312 of EPCRA are ongoing obligations. Sections 311 and 312 

of EPCRA 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 section 311 of EPCRA. Under 

section 312 of EPCRA, 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 annually by 

March 1. 

As required by section 312(g) of 

EPCRA, 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 can be found in §§ 370.41 and 

370.42 of the regulations. 

Section 312(a)(2) of EPCRA 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. However, 

section 312(e) states that the owner or 

operator of a facility shall submit the 

Tier II inventory form upon request by 

their SERC, LEPC or the fire department 

with jurisdiction over the facility. 

Currently, all states require facilities to 

submit the federal Tier II inventory form 

or the state developed inventory 

reporting form. 

In addition to the information 

obtained under the emergency planning 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 48095 

provisions of EPCRA, LEPCs use the 

information provided on the facility’s 

annual emergency and hazardous 

chemical inventory form to update the 

emergency response plan for their 

communities. States were always given 

the flexibility to implement the EPCRA 

program as appropriate for their State 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 is required by 

the federal reporting requirements. 

Some States developed their own 

inventory reporting form, including 

electronic reporting format. Other States 

use the federal inventory reporting form 

or the federal electronic reporting 

format, Tier2 Submit. 

Over the years, stakeholders requested 

that EPA add new data elements to the 

forms that would be useful to improve 

their community emergency response 

plans. In this action, EPA is proposing 

new data elements to make the forms 

more useful for State and local agencies 

and to better inform the public on 

chemical hazards in their communities. 

We are also proposing to revise some 

existing data elements to make reporting 

easier for facilities. The elements 

proposed herein are intended to meet 

the purpose of EPCRA (Title III of 

SARA) which is ‘‘* * * to encourage 

and support State and local planning for 

emergencies caused by the release of 

hazardous chemicals and to provide 

citizens and governments with 

information concerning potential 

chemical hazards present in their 

communities.’’ See 55 FR 30632, 

Community Right-to-Know Reporting 

Requirements, Final Rule, July 26, 1990. 

II. What are the revisions that EPA is 

proposing on the Tier I and Tier II 

forms? 

The Tier I and Tier II forms were first 

published in 1987 and were amended in 

1990. Recently, State and local agencies 

requested that EPA modify these forms 

to include new data elements and revise 

existing data elements to make it more 

useful for emergency planning and 

response. EPA requests public comment 

on each of the new and revised data 

elements proposed by EPA in this notice 

for the Tier I and Tier II forms. These 

elements are described below. 

Information requirements for the Tier 

I and Tier II forms can be found in 40 

CFR 370.41 and 370.42, respectively. 

Current Tier I and II forms are available 

on the Agency’s Web site at http:// 

www.epa.gov/emergencies. 

Additionally, the current Tier I and Tier 

II inventory forms and the proposed 

Tier I and II inventory forms with the 

additional elements and changes 

highlighted are in the docket for today’s 

rulemaking under the docket number 

EPA–HQ–SFUND–2010–0763. 

A. Facility Identification 

In addition to the information 

currently required on the Tier I and Tier 

II forms under facility identification, we 

are proposing to add new data elements 

for facility phone number, latitude and 

longitude, and number of full-time 

employees. 

Section 312 covers a broad range of 

chemicals and facilities. Some of the 

facilities covered under section 312 also 

may be subject to the Chemical 

Accident Prevention under section 112 

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

known as the Risk Management Program 

or the Toxic Release Inventory (TRI) 

Program under section 313 of EPCRA. 

For those facilities that are subject to 

these programs, EPA is also proposing 

to add data elements for facility 

identification numbers that are assigned 

under these two programs. These data 

elements should be readily available to 

facilities that are covered by these two 

programs. Stakeholders have requested 

that EPA add these data elements in 

order to provide more complete 

information on the facilities to the 

public and to the State and local 

agencies responsible for emergency 

planning and response. 

In addition to reporting the number of 

full-time employees, local emergency 

responders requested that EPA require 

facilities such as hotels, colleges, 

universities, and convention centers to 

report the total number of people that 

may occupy a building at any given 

time, to assist them in emergency 

planning and response. While EPA is 

not including this additional element in 

today’s proposal, EPA requests 

comments if number of occupants 

should also be added as a data element 

to the Tier I and II inventory forms. 

B. Name of the Facility’s Parent 

Company and Owner or Operator of the 

Facility 

States and LEPCs informed EPA that 

some facilities have sites in remote 

locations and do not have operators 

present at all times. Thus, if there is a 

need to contact someone in an 

emergency, emergency response 

officials and State and local agencies 

need the contact information of the 

facility’s parent company or the owner 

or operator of the facility. Therefore, 

under the facility identification section, 

EPA is also proposing to require 

facilities to provide information on the 

facility’s parent company and the owner 

or operator of the facility, such as name, 

address and phone number, as well as 

the Dun and Bradstreet number of the 

facility’s parent company. EPA is also 

proposing that the facility owner or 

operator provide their e-mail address. 

C. Facility Emergency Coordinator 

Under EPCRA section 303(d)(1), a 

facility is required to provide the LEPC 

with the name and contact information 

of a facility representative who will 

participate in the emergency planning 

process as a facility emergency 

coordinator. The regulations in § 355.20 

(c) require facilities to notify LEPCs of 

any changes relevant to the emergency 

planning within 30 days after the 

changes have occurred. However, EPA 

also believes that this information 

should be provided on the facility’s 

annual inventory form since LEPCs and 

other emergency response coordinators 

may need this information during an 

emergency. Therefore, EPA is proposing 

to add this data element to the Tier I and 

Tier II forms. 

D. Tier I and Tier II Information 

Contacts 

Since the information reported under 

EPCRA section 312 is used by LEPCs to 

improve emergency response plans, 

these entities may need to contact the 

facility regarding information that is 

reported on the Tier I and Tier II 

reporting forms. The information filed 

under section 312 is also used by 

emergency response officials during an 

emergency situation. As requested by 

these entities, the Agency is proposing 

to require the name, title, phone number 

and e-mail address of the person 

knowledgeable or responsible for 

completing the information on the Tier 

I and Tier II forms. 

E. Subject to Emergency Planning Under 

Section 302 of EPCRA 

EPCRA section 302(c) requires 

facilities to notify their SERC and LEPC 

that they are subject to emergency 

planning if there is an EHS present at 

the facility at or above its threshold 

planning quantity (TPQ). For facilities 

in existence when EPCRA was enacted, 

this was a one-time notification that 

occurred approximately seven months 

after enactment (in May 1987). Facilities 

that became subject to the emergency 

planning notification requirement after 

this date are required to provide 

notification to their SERC and LEPC 

within sixty days of becoming subject to 

the requirements. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
48096 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 

EPCRA section 303(a) requires each 

LEPC to develop an emergency response 

plan for their communities. Such plans 

were to be developed in two years after 

the enactment of EPCRA (October 1988). 

EPCRA section 303(a) also requires 

LEPCs to review the emergency 

response plan once a year. LEPCs use 

the information reported by facilities 

under section 302(c) to develop or 

update the emergency response plans in 

their community. The Agency believes 

that some of the facilities which 

complied with the requirements under 

section 302(c) may no longer be subject 

to emergency planning, for a number of 

reasons, including using a chemical that 

is safer than an EHS, having an EHS 

below the TPQ, etc. The Agency also 

believes that facilities that may become 

subject to the annual inventory 

reporting under EPCRA section 312 may 

not be aware of the requirements under 

EPCRA section 302. The EPCRA section 

312 reporting requirement covers a 

broad range of chemicals, including 

EHSs that are subject to emergency 

planning. 

The reporting thresholds and 

requirements for EHSs are different 

under sections 302 and 312. The 

reporting requirement for EHSs under 

section 302 is to provide notification to 

the SERC and LEPC if the facility has 

any EHS at or above the TPQ in order 

to complete emergency planning 

requirements for the community. The 

reporting requirement for EHSs under 

section 312 is to submit an inventory 

form annually by March 1 to the SERC, 

LEPC and the local fire department if 

the EHS is present at a facility at any 

one time in an amount equal to or 

greater than 500 pounds or the TPQ, 

whichever is less in order to inform the 

public of chemical hazards in their 

community. 

Since the notification under section 

302(c) is a one-time notification which 

occurred in 1987 for most facilities, and 

since section 303(a) requires LEPCs to 

update the emergency plan annually, it 

would be useful for LEPCs to get an 

update from facilities clarifying whether 

they are still subject to emergency 

planning. This will help ensure that 

local emergency plans are up-to-date 

and include all appropriate facilities. 

To better account for facilities subject 

to emergency planning and for LEPCs to 

use this information to improve the 

emergency response plans in their 

community, LEPCs requested that EPA 

require facilities to report if they are 

subject to emergency planning 

notification under EPCRA section 302. 

As a result, the Agency is proposing to 

add a new data element to indicate if 

facilities are subject to the emergency 

planning notification under EPCRA 

section 302. 

F. Subject to Chemical Accident 

Prevention Under Section 112(r) of the 

Clean Air Act (40 CFR Part 68, Risk 

Management Program) 

Section 112(r) of the Clean Air Act 

(CAA) amendments of 1990 requires 

certain facilities to develop and 

implement a risk management program 

to prevent accidental releases of 

regulated chemicals. Facilities subject to 

section 112(r) of the CAA are required 

to implement an accident prevention 

program and an emergency response 

program, conduct hazard assessment 

and summarize and submit to EPA 

information about these programs and 

hazards in a risk management plan 

(RMP). The implementing regulations 

are codified in 40 CFR part 68, Chemical 

Accident Prevention, also known as the 

Risk Management Program. 

In addition to the information 

reported under EPCRA section 312, 

LEPCs and States use the information 

reported in RMPs to improve the 

emergency response plans in each 

community. In order to better serve this 

purpose, EPA is proposing to add a new 

data element to both the Tier I and Tier 

II forms to indicate whether the facility 

is subject to chemical accident 

prevention under section 112(r) of the 

CAA. 

G. Range Codes and Ranges for 

Reporting Maximum Amount and 

Average Daily Amount 

As stated in EPCRA section 312(d), 

the information requirements in 40 CFR 

370.41 and 370.42 for the Tier I and Tier 

II forms currently list range codes for 

reporting the maximum amount and 

average daily amounts of hazardous 

chemicals present at the site in the 

preceding calendar year. 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. Since the statute 

specifically states 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, 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 is 

proposing to narrow the ranges that are 

in the existing regulations. EPA 

specifically seeks comments if the range 

codes and the ranges proposed below 

would be more useful to LEPCs for 

effective emergency response planning 

or for responding to emergencies, and if 

not, what ranges would be more useful 

to the LEPCs for effective emergency 

response planning or for responding to 

emergencies. 

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. 

III. What are the revisions specific to 

the Tier II form proposed by EPA in 

this rule? 

Facilities are required to report 

specific information about hazardous 

chemicals on the Tier II inventory form. 

Some states may require additional 

information than that which is required 

under the federal reporting 

requirements. In addition to the new 

data elements proposed in the previous 

section of this document, EPA is 

proposing to revise some existing data 

elements on the Tier II federal inventory 

form. 

A. Chemical Information 

In the final rule published on 

November 3, 2008 (73 FR 65452), EPA 

clarified how to report a hazardous 

chemical mixture after determining if 

the mixture or its hazardous 

components meet or exceed the 

reporting thresholds specified in 40 CFR 

part 370. In that notice, the Agency 

clarified that if a hazardous chemical in 

the mixture is an EHS, the facility has 

to aggregate any and all amounts of that 

EHS present throughout the facility in 

mixtures and in pure form to determine 

if the reporting threshold for EHS has 

been met or exceeded. If the reporting 

threshold for that EHS is exceeded, then 

the facility would have an option to 

report the mixture or the EHS 

component. 

To determine if the reporting 

threshold has been met or exceeded for 

a mixture that contains a non-EHS 

hazardous chemical component, a 

facility has the option to either add up 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 48097 

all the amounts of that non-EHS 

hazardous chemical present as a 

component in all mixtures and all other 

quantities of that non-EHS hazardous 

chemical present throughout the facility 

or consider the total quantity of that 

mixture present throughout the facility. 

Once it is determined that the reporting 

threshold is met or exceeded for either 

the non-EHS hazardous chemical 

component or the mixture, the facility 

has the option to report the non-EHS 

hazardous chemical component or the 

mixture itself. See § 370.14 for 

requirements on reporting mixtures. As 

stated in § 370.14(b), EPA encourages 

facilities to be consistent with their 

reporting under EPCRA section 311 

when reporting mixtures. 

In this notice, EPA is proposing to 

modify the chemical information 

reporting section of the Tier II inventory 

form to make it more user-friendly for 

States and local agencies, as well as the 

emergency response officials. This 

revision will also benefit facilities by 

clarifying how to report mixtures on the 

Tier II form. Specifically, the current 

form requires facilities to report the 

name of the mixture, indicate whether 

the mixture contains an EHS, indicate 

the physical and health hazards of the 

mixture, and report the amount present 

on-site, as well as the type of storage 

and storage locations. The regulated 

community and the state and local 

agencies, however, are unsure if the 

amount present on-site refers to the 

mixture or the non-EHS hazardous 

chemical or the EHS in the mixture. In 

order to clarify the reporting of pure 

chemicals vs. mixtures, the proposed 

Tier II form has separate entries for 

mixtures and pure chemicals. The entry 

for mixtures includes a separate line for 

mixture name, amount of mixture 

present (i.e. maximum and average daily 

amount), the EHS(s) name, and the 

amount of EHS(s) present (i.e. maximum 

and average daily amount). Facilities 

still have the option to report the 

mixture or the hazardous chemical 

component as stated in § 370.14. 

B. Storage Types and Conditions 

The Tier II form currently requires 

facilities to report the codes for types of 

storage (i.e. above ground tank, steel 

drum) and storage conditions (i.e. 

temperature, pressure). A code is 

currently listed for each type of storage 

and storage conditions in § 370.43. In 

order to make the form more userfriendly and also to have information 

readily available to emergency response 

officials in an emergency, EPA proposes 

that facilities list the types of storage 

(i.e. above ground tank, steel drum) and 

storage conditions (i.e. ambient 

temperature, ambient pressure) on the 

Tier II form rather than noting the 

reporting codes. 

EPA seeks public comment on all the 

proposed new data elements and 

revisions of the existing data elements 

described in this proposed rule. The 

Agency also requests that commenters, 

including State and local agencies 

suggest any additional information that 

should be added to the Tier I and Tier 

II forms in order to make them more 

useful for emergency planning and 

response. 

Finally, we would note that the 

Agency is not proposing to revise the 

introductory paragraph to §§ 370.41 and 

370.42. However, since we are 

proposing to add some new data 

elements and proposing to revise some 

existing data elements, we re-arranged 

and re-numbered all the paragraphs to 

be consistent with how each data 

element appears on the Tier I and Tier 

II inventory forms. 

IV. 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 the Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). We believe this 

action is administrative and noncontroversial. The proposed data 

elements are readily available to the 

facility. Stakeholders requested that 

EPA add these new data elements 

because the additional information 

would improve community emergency 

response planning. In addition, revising 

the existing data elements will make the 

forms more user-friendly. 

The proposed regulation will not have 

an annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities. 

B. Paperwork Reduction Act 

The information collection 

requirements in this proposed 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 Request (ICR) 

document prepared by EPA has been 

assigned EPA ICR number 1352.13. This 

action may impose only minimal 

reporting burden on facilities since the 

data elements proposed are readily 

available to the facility. Revising the 

existing data elements will make the 

forms more user-friendly and ease 

reporting requirements for facilities. 

Stakeholders requested that EPA add 

the new data elements since the 

additional information would be useful 

to develop or modify their community 

emergency response plans. New data 

elements, such as facility emergency 

coordinator needs to be updated 

annually for LEPCs to coordinate the 

emergency plans and response to 

emergencies in their community. 

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 provisions of 

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 are listed 

in 40 CFR part 9. Burden is defined at 

5 CFR 1320.3(b). 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. 

To comment on the Agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, EPA has established 

a public docket for this rule, which 

includes this ICR, under Docket ID 

number EPA–HQ–SFUND–2010–0763. 

Submit any comments related to the ICR 

to EPA and OMB. See ADDRESSES

section at the beginning of this notice 

for where to submit comments to EPA. 

Send comments to OMB at the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 725 

17th Street, NW., Washington, DC 

20503, Attention: Desk Office for EPA. 

Since OMB is required to make a 

decision concerning the ICR between 30 

and 60 days after August 8, 2011, a 

comment to OMB is best assured of 

having its full effect if OMB receives it 

by September 7, 2011. The final rule 

will respond to any OMB or public 

comments on the information collection 

requirements contained in this proposal. 

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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
48098 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 

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 proposed rule on small 

entities, 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 proposed 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 new data elements that we are 

proposing to add have been requested 

by stakeholders in an effort to develop 

or modify their community emergency 

response plans. In addition, revising the 

existing data elements will make the 

forms more user-friendly, and thus, will 

make reporting easier for facilities and 

will 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 

proposed rule does not impose any new 

requirements on State, local or tribal 

governments. The data elements we are 

proposing to add to the Tier I and Tier 

II inventory forms will be useful to state, 

local and tribal governments to develop 

or modify their community emergency 

response plans. In addition, the 

proposed revision to the existing data 

elements will make the forms more 

user-friendly. 

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 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The data 

elements we are proposing to add to the 

Tier I and Tier II inventory forms will 

be useful to state, local and tribal 

governments to develop or modify their 

community emergency response plan. In 

addition, the proposed revision to the 

existing data elements will make the 

forms more user-friendly. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

proposed action from State and local 

officials. 

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 we are 

proposing to add to the Tier I and Tier 

II inventory forms will be useful to the 

tribal governments to develop or modify 

their community emergency response 

plans. In addition, the proposed 

revision to the existing data elements 

will make the forms more user-friendly. 

This action 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 EO 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 

proposing to add to 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 a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act (‘‘NTTAA’’) 

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 proposed rule does not involve 

technical standards. Therefore, EPA 

does 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 

proposed 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 new data 

elements that the Agency is proposing 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 48099 

would be useful to develop or modify 

the community’s emergency response 

plan. In addition, revising the existing 

data elements will make the forms more 

user-friendly. 

List of Subjects in 40 CFR Part 370 

Emergency Planning and Community 

Right-to-Know Act (EPCRA), Hazardous 

chemicals, Emergency and hazardous 

chemical inventory forms, Hazardous 

substances, Intergovernmental relations, 

Reporting requirements, Superfund, 

Tier I and Tier II inventory forms. 

Dated: August 1, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons discussed in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

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 information includes all of the 

following: 

(a) The calendar year for the reporting 

period. 

(b) 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), phone 

number, latitude, longitude, and the 

number of full time employees (FTE). 

(c) The North American Industry 

Classification System (NAICS) code for 

your facility. 

(d) Toxic Release Inventory (TRI) and 

Risk Management Plan (RMP) 

identification numbers, if available. 

(e) The Dun & Bradstreet number of 

your facility. 

(f) The name, mailing address, phone 

number and email address of the owner 

or operator of the facility. 

(g) The name, mailing address, phone 

number, Dun & Bradstreet number and 

email address of the facility’s parent 

company. 

(h) The name, title, phone number(s) 

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. 

(i) An indication whether your facility 

is subject to the emergency planning 

notification requirement under section 

302 of EPCRA, codified in 40 CFR part 

355. 

(j) The name, title, phone number, 24- 

hour phone number, and email address 

of the facility emergency coordinator. 

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

EPCRA requires facilities subject to the 

emergency planning notification requirement 

to designate a facility representative who will 

participate in the local emergency planning 

process as a facility emergency coordinator. 

EPA encourages facilities that are not subject 

to the emergency planning notification 

requirement also to provide this information, 

if available, for effective emergency planning 

in your community. 

(k) 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, Chemical 

Accident Prevention Provisions, also 

known as the Risk Management Program 

regulations. 

(l) The name, title, phone number, 

and email address of the person to 

contact for the information contained in 

the Tier I form. 

(m) Certification. The owner or 

operator or the officially designated 

representative of the owner or operator 

must certify that all information 

included in the Tier I submission is 

true, accurate, and complete as follows: 

‘‘I certify under penalty of law that I 

have personally examined and am 

familiar with the information and that 

based on my inquiry of those 

individuals responsible for obtaining 

the information, I believe that the 

submitted information is true, accurate, 

and complete.’’ This certification shall 

be accompanied by your full name, 

official title, signature, date signed, and 

total number of pages in the submission 

including all attachments. 

Note to paragraph (m): Some states require 

electronic reporting (on-line or via diskettes) 

and electronic certification. Contact your 

state for the specific requirements in that 

state. 

(n) An indication whether you are 

including any attachments (optional). 

(o) An indication whether the 

information being reported is identical 

to that submitted the previous year. 

(p) 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. 

(q) 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. 

(r) The maximum number of days that 

any single hazardous chemical within 

each hazard category was present at 

your facility during the reporting 

period. 

(s) The general locations of all 

applicable chemicals for each hazard 

type. General locations should include 

the names or identification of buildings, 

tank fields, lots, sheds or other such 

areas. You may also attach one of the 

following with your Tier I inventory 

form. 

(A) A site plan with site indicated for 

buildings, lots, areas, etc. throughout 

your facility. 

(B) A list of site coordinate 

abbreviations that correspond to 

buildings, lots, areas, etc., throughout 

your facility. 

(C) A description of dikes and other 

safeguard measures for storage locations 

throughout your facility. 

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 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. 

If you are reporting Tier II 

information, you must include all of the 

following: 

(a) The calendar year of the reporting 

period. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
48100 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 

(b) 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), phone 

number, latitude, longitude, and the 

number of full-time employees (FTE). 

(c) The North American Industry 

Classification System (NAICS) code for 

your facility. 

(d) Toxic Release Inventory (TRI) and 

Risk Management Plan (RMP) 

identification numbers, if available. 

(e) The Dun & Bradstreet number of 

your facility. 

(f) The name, mailing address, phone 

number, Dun & Bradstreet number and 

email address of the facility’s parent 

company. 

(g) The name, mailing address, phone 

number and email address of the owner 

or operator of the facility. 

(h) The name, title, phone number(s) 

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. 

(i) The name, title, phone number and 

email address of the person to contact 

regarding information contained in the 

Tier II report. 

(j) An indication if your facility is 

subject to the emergency planning 

notification requirement under section 

302 of EPCRA, codified in 40 CFR part 

355. 

(k) The name, title, phone number, 

24-hour phone number and email 

address of the facility emergency 

coordinator. 

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

EPCRA requires facilities subject to the 

emergency planning notification requirement 

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. 

(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 

regulations. 

(m) 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. 

Note to paragraph (m): Some states require 

electronic reporting (on-line or via diskettes) 

and electronic certification. Contact your 

state for the specific requirements in that 

state. 

(n) An indication whether you are 

including any attachments (optional). 

(o) An indication whether the 

information being reported is identical 

to that submitted the previous year. 

(p) For each hazardous chemical that 

you are required to report, you must: 

(1) Provide the chemical name (or the 

common name of the chemical) or the 

name of the mixture as provided on the 

Material Safety Data Sheet (MSDS) and 

provide the Chemical Abstract Service 

(CAS) registry number of the 

chemical(s) provided on the MSDS. 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). Two separate 

entries are provided to make reporting 

easier for your facility. 

Note to paragraph (p)(1): As provided in 

§ 370.14(a), if you have a mixture that is a 

hazardous chemical on site you have an 

option to report the hazardous component or 

the mixture itself. See § 370.14 for more 

information on how to determine if a 

reporting threshold is met for a mixture 

containing a hazardous chemical and how to 

report that mixture. 

(2) Indicate whether the chemical is a 

solid, liquid, or gas; and whether the 

chemical is an EHS. If reporting a 

hazardous chemical component in the 

mixture, indicate that it is part of a 

mixture. 

Note to paragraph (p)(2): As provided in 

§ 370.14(b), for each specific mixture, EPA 

encourages facilities to be consistent with 

their reporting under EPCRA section 311. 

(3) Provide the name of each EHS in 

the mixture if you are reporting a 

mixture that contains an EHS. As 

provided in § 370.14(a), you also have 

an option to report the non-EHS 

hazardous components in the mixture. 

(4) Indicate which hazard categories 

apply to the chemical. The five hazard 

categories are defined in § 370.66. 

(5) Provide an estimate (in ranges) of 

the maximum amount of the hazardous 

chemical present at your facility on any 

single day during the preceding 

calendar year. If the hazardous chemical 

is a mixture, provide an estimate of the 

total amount of the mixture. If the 

mixture contains any EHS, provide the 

total amount of each EHS in that 

mixture. You must use codes that 

correspond to different ranges. The 

range codes are in § 370.43. 

(6) Provide an estimate (in ranges) of 

the average daily amount of the 

hazardous chemical present at your 

facility during the preceding calendar 

year. If the hazardous chemical is a 

mixture, provide an estimate of the 

average daily amount of the mixture. If 

the mixture contains any EHS, provide 

the average daily amount of each EHS 

in the mixture. You must use codes that 

correspond to different ranges. The 

range codes are in § 370.43. 

(7) Provide the maximum number of 

days that the hazardous chemical was 

present at your facility during the 

preceding calendar year. 

(8) Provide the type of storage for the 

hazardous chemical or the mixture 

containing the hazardous chemical at 

your facility. Examples for type of 

storage: Above-ground tank, plastic or 

non-metallic drum, steel drum, 

cylinder, rail car, etc. 

(9) Provide the storage conditions for 

the hazardous chemical or the mixture 

containing the hazardous chemical at 

your facility. Examples for type of 

storage conditions: Ambient pressure, 

less than ambient temperature/pressure, 

cryogenic conditions, etc. 

(10)(i) Provide a brief description of 

the precise location(s) of the hazardous 

chemical or the mixture at your facility. 

You may also attach one of the 

following with your Tier II inventory 

form. 

(A) A site plan with site indicated for 

buildings, lots, areas, etc. throughout 

your facility. 

(B) A list of site coordinate 

abbreviations that correspond to 

buildings, lots, areas, etc., throughout 

your facility. 

(C) A description of dikes and other 

safeguard measures for storage locations 

throughout your facility. 

(ii) 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules 48101 

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. 

4. Section 370.43 is revised as 

follows: 

§ 370.43 What codes are used to report 

Tier I and Tier II inventory information? 

(a) Except as provided in paragraph 

(d) of this section, you must use the 

following codes to report the maximum 

amount and average daily amount when 

reporting Tier I or Tier II 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. 2011–19900 Filed 8–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 1, 10, 11, 12, 13, 14 

[Docket No. USCG–2004–17914] 

RIN 1625–AA16 

Implementation of the Amendments to 

the International Convention on 

Standards of Training, Certification 

and Watchkeeping for Seafarers, 1978, 

and Changes to Domestic 

Endorsements 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings; 

request for comments; Correction. 

SUMMARY: On August 2, 2011 (76 FR 

46217), the Coast Guard published a 

notice of public meetings and request 

for comments on a supplemental notice 

of proposed rulemaking (SNPRM) 

entitled ‘‘Implementation of the 

Amendments to the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, and Changes to 

Domestic Endorsements.’’ The incorrect 

publication date of the SNPRM was 

cited. This notice corrects that error. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rogers Henderson, Maritime Personnel 

Qualification Division, U.S. Coast 

Guard, telephone 202–372–1408, e-mail 

Rogers.W.Henderson@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: On August 

2, 2011 (76 FR 46217), the Coast Guard 

published a notice of public meetings 

and request for comments on a 

supplemental notice of proposed 

rulemaking (SNPRM) entitled 

‘‘Implementation of the Amendments to 

the International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, and 

Changes to Domestic Endorsements.’’ 

Subsequent to the publication of that 

notice, the Coast Guard discovered that 

the publication date of the SNPRM on 

page 46217 was incorrect. 

Correction 

In the notice (FR Doc. 2011–19459) 

published on August 2, 2011 (76 FR 

46217) make the following correction. 

On page 46217, in the first sentence of 

the second paragraph in the third 

column, the date should read ‘‘August 1, 

2011’’ instead of ‘‘August 1, 2001.’’ 

Dated: August 2, 2011. 

Erin Ledford, 

LCDR, Deputy, Office of Regulations and 

Administrative Law. 

[FR Doc. 2011–19985 Filed 8–5–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 580 

[Docket No. NHTSA–2011–0109; Notice 1] 

Petition for Approval of Alternate; 

Odometer Disclosure Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of initial determination. 

SUMMARY: The State of Florida has 

petitioned for approval of alternate 

odometer requirements to certain 

requirements under Federal odometer 

law. NHTSA preliminarily grants 

Florida’s petition regarding proposed 

alternate disclosure requirements for 

vehicle transfers involving casual or 

private sales. NHTSA preliminarily 

denies Florida’s petition regarding 

proposed alternate disclosure 

requirements for sales involving 

licensed dealers. NHTSA preliminarily 

denies Florida’s petition regarding 

proposed alternate disclosure 

requirements for sales of leased 

vehicles. 

DATES: Comments are due no later than 

September 7, 2011. 

ADDRESSES: You may submit comments 

[identified by DOT Docket ID Number 

NHTSA–2010–####] by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. E.T., Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. Note that all 

comments received will be posted 


emcdonald on DSK2BSOYB1PROD with PROPOSALS