### 447 Environmental Protection Agency Pt. 370

[CAS Number Order]

CAS No. Chemical name Notes Reportable quantity * (pounds) Threshold planning quantity

(pounds)

26628–22–8 .......... Sodium Azide (Na(N 3 )) ............................................... a .................. 1,000 500 27137–85–5 .......... Trichloro(Dichlorophenyl)Silane .................................. ..................... 500 500 28347–13–9 .......... Xylylene Dichloride ..................................................... ..................... 100 100/10,000 28772–56–7 .......... Bromadiolone .............................................................. ..................... 100 100/10,0 00 30674–80–7 .......... Methacryloyloxyethyl Isocyanateh .............................. ..................... 100 100 39196–18–4 .......... Thiofanox .................................................................... ..................... 100 100/1 0,000 50782–69–9 .......... Phosphonothioic Acid, Methyl-, S-(2-(Bis(1- Methylethyl)Amino)Ethyl) O-Ethyl Ester. ..................... 100 100

53558–25–1 .......... Pyriminil ...................................................................... d .................. 100 100/1 0,00058270–08–9 .......... Zinc, Dichloro(4,4-Dimethyl-5((((Methylamino) Carbonyl)Oxy)Imino)Pentanenitrile)-, (T–4)-. ..................... 100 100/10,000

62207–76–5 .......... Cobalt, ((2,2 ′-(1,2-Ethanediylbis (Nitrilomethylidyne)) Bis(6-Fluorophenolato)) (2-)-N,N ′ ,O,O ′)-. ..................... 100 100/10,000

* Only the statutory or final RQ is shown. For more information, see 40 CFR 355.61. **Notes:** a. This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-solution form. b. The calculated TPQ changed after technical review as described in a technical support document for the final rule, April 22, 1987.

c. Chemicals added by final rule, April 22, 1987. d. Revised TPQ based on new or re-evaluated toxicity data, April 22, 1987. e. The TPQ was revised due to calculation error, April 22, 1987. f. Chemicals on the original list that do not meet toxicity criteria but because of their acute lethality, high production volu me and known risk are considered chemicals of concern (‘‘Other chemicals’’). (November 17, 1986, and February 15, 1990.)

g. The TPQ was recalculated (September 8, 2003) since it was mistakenly calculated in the April 22, 1987, final rule under thewrong assumption that this chemical is a reactive solid, when in fact it is a liquid. RQ for this chemical was adjusted on September 11, 2006.



### PART 370—HAZARDOUS CHEMICALREPORTING: COMMUNITY RIGHTTO-KNOW

Subpart A—General Information

Sec. 370.1 What is the purpose of this part? 370.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to in this part? 370.3 Which section contains the definitions of the key words used in this part?

Subpart B—Who Must Comply

370.10 Who must comply with the hazardous chemical reporting requirements of this part? 370.11 [Reserved]370.12 What hazardous chemicals must I report under this part? 370.13 What substances are exempt from these reporting requirements? 370.14 How do I report mixtures containing hazardous chemicals?

Subpart C—Reporting Requirements

370.20 What are the reporting requirements of this part?

H OW TO C OMPLY W ITH MSDS R EPORTING

370.30 What information must I provide and what format must I use? 370.31 Do I have to update the information?370.32 To whom must I submit the information? 370.33 When must I submit the information?

H OW T O C OMPLY W ITH I NVENTORY R EPORTING

370.40 What information must I provide and what format must I use? 370.41 What is Tier I inventory information?370.42 What is Tier II inventory information? 370.43 What codes are used to report Tier I and Tier II inventory information?
370.44 To whom must I submit the inventory information?370.45 When must I submit the inventory information?

Subpart D—Community Access to Information

370.60 How does a person obtain MSDS information about a specific facility? 370.61 How does a person obtain inventory information about a specific facility? 370.62 What information may a State or local official request from a facility? 370.63 What responsibilities do the SERC and the LEPC have to make requested information available?
370.64 What information can I claim as trade secret or confidential?370.65 Must I allow the local fire department to inspect my facility and must I provide specific location informationabout hazardous chemicals at my facility?370.66 How are key words in this part defined?


### 448 40 CFR Ch. I (7–1–13 Edition) § 370.1

A UTHORITY : Sections 302, 311, 312, 322, 324,325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99–499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

S OURCE : 73 FR 65478, Nov. 3, 2008, unless
otherwise noted.



### Subpart A—General Information

§ 370.1 What is the purpose of this part?

(a) This part (40 CFR part 370) establishes reporting requirements for providing the public with important information on the hazardous chemicals in their communities. Reporting raisescommunity awareness of chemical hazards and aids in the development of State and local emergency responseplans. The reporting requirements established under this part consist of Material Safety Data Sheet (MSDS) reporting and inventory reporting.

(b) This part is written in a special
format to make it easier to understand the regulatory requirements. Likeother Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. Information considered non-binding guidance under EPCRA is indicated in this regulation by the word ‘‘note’’ anda smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part.

§ 370.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to in this part?

Throughout this part, ‘‘you,’’ ‘‘I,’’and ‘‘your’’ refer to the owner or operator of a facility.

§ 370.3 Which section contains the definitions of the key words used in this part?

The definitions of key words used in this part are in §370.66. It is important to read the definitions for key words because the definition explains theword’s specific meaning in the regulations in this part. 

### Subpart B—Who Must Comply

§ 370.10 Who must comply with thehazardous chemical reporting requirements of this part?

(a) You must comply with the reporting requirements of this part if the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) require your facility to prepare or have available a Material Safety Data Sheet (MSDS) for a hazardous chemical and if either of the following conditions is met:

(1) A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg—approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower.EHSs and their TPQs are listed in Appendices A and B of 40 CFR part 355.

(2) A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level for that hazardous chemical. Threshold levels for such hazardous chemicals

are:

(i) For any hazardous chemical that does not meet the criteria in paragraph (a)(2)(ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg).

(ii) For gasoline at a retail gas station (For purposes of this part, retailgas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public, formotor vehicle use on land.), the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tank(s) entirely underground and was in compliance at all times during the precedingcalendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

(iii) For diesel fuel at a retail gasstation (For purposes of this part, retail gas station means a retail facilityengaged in selling gasoline and/or diesel fuel principally to the public, for


### 449 Environmental Protection Agency § 370.14

motor vehicle use on land.), the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined). This threshold is only applicable for diesel fuel that was in tank(s)entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST)requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

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

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

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

§ 370.11 [Reserved]

§ 370.12 What hazardous chemicals must I report under this part?
(a) You must report any hazardous chemical for which you are required to prepare or have available an MSDS under OSHA HCS that is present atyour facility equal to or above the applicable threshold specified in §370.10. (Specific exemptions from reporting are in §370.13.)

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

§ 370.13 What substances are exempt from these reporting requirements?
You do not have to report substances for which you are not required to have an MSDS under the OSHA regulations,or that are excluded from the definition of hazardous chemical underEPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e):

(a) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(b) Any substance present as a solidin any manufactured item to the extent exposure to the substance does not
occur under normal conditions of use.

(c) Any substance to the extent it is
used:

(1) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not itis intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;

(2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or

(3) In routine agricultural operationsor is a fertilizer held for sale by a retailer to the ultimate customer.

§ 370.14 How do I report mixtures containing hazardous chemicals?

(a) For a mixture containing a hazardous chemical, use the following table to determine if a reporting threshold is equaled or exceeded, and to determine how to report:


### 450 40 CFR Ch. I (7–1–13 Edition) § 370.20

If your mixture contains a

hazardous chemical To determine if the threshold level for that hazardous chemical is equaled or exceeded you must If the threshold level for that hazardous chemical is exceeded then you must

(1) That is an EHS .......... Determine the total quantity of the EHS present throughout your facility at any one time, byadding together the quantity present as a component in all mixtures and all other quantities of the EHS (you must include the quantity present in a mixture even if you are also counting the quantity of that particular mixture toward the threshold level for that mixture). Report the EHS component—submit an MSDS for the EHS (or include the EHS on the list of chemicals submitted in lieu of the MSDSs), as provided under § 370.30, and submit Tier I (or Tier II) information for the EHS, as provided under § 370.40 or report the mixture itself— submit an MSDS for the mixture (or include the mixture on the list of chemicals submitted in lieu of the MSDSs), as provided under§ 370.30, and submit Tier I (or Tier II) information for the mixture, as provided under § 370.40. If you report the mixture itself, then provide the

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

total quantity of that mixture.

(b) For each specific mixture, the reporting option used must be consistentfor both MSDS and inventory reporting, unless it is not possible to do so.This means that if you report on a specific mixture as a whole for MSDS reporting, you must report on that mixture as a whole for inventory reportingtoo (unless it is not possible). MSDS reporting and inventory reporting are discussed in detail in subpart C of this part.

(c) To determine the quantity of an EHS or a non-EHS hazardous chemicalcomponent present in a mixture, multiply the concentration of the hazardous chemical component (in weight percent) by the weight of the mixture (in pounds). You do not have to counta hazardous chemical present in a mixture if the concentration is less than or equal to 1%, or less than or equal to 0.1% for a carcinogenic chemical.



### Subpart C—Reporting Requirements

§ 370.20 What are the reporting requirements of this part?
The reporting requirements of thispart consist of MSDS reporting and inventory reporting. If you are the owner or operator of a facility subject to the reporting requirements of this part then you must comply with both typesof reporting requirements. MSDS reporting requirements are addressed in§§370.30 through 370.33. Inventory reporting requirements are addressed in §§370.40 through 370.45.

H OW TO C OMPLY W ITH MSDS R EPORTING

§ 370.30 What information must I provide and what format must I use?

(a) You must report the hazardous chemicals present at your facility thatmeet or exceed the applicable threshold levels (threshold levels are in §1A370.10) by either:

(1) Submitting an MSDS for eachhazardous chemical present at your facility that meet or exceed its applicable threshold level; or

(2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by Hazard Category as defined under §370.66. The list must contain the chemical or common name


### 451 Environmental Protection Agency § 370.41

of each hazardous chemical as provided on the MSDS.

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

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

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

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

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

§ 370.32 To whom must I submit the information?
(a) You must submit an MSDS or list, as provided in §370.30(a), to theLEPC, the SERC, and the fire department with jurisdiction over your facility.

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

§ 370.33 When must I submit the information?
(a) You must submit an MSDS or alist, as provided in §370.30(a), for a hazardous chemical subject to the reporting requirements of this part by October 17, 1987, or within 3 months afteryou first become subject to the reporting requirements of this part (as provided in §§370.30 and 370.31(b)).

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

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

H OW TO C OMPLY W ITH I NVENTORY R EPORTING

§ 370.40 What information must I provide and what format must I use?
(a) If you are required to comply withthe hazardous chemical reporting requirements of this part, then by March1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to orin excess of its threshold level. Threshold levels are provided in §370.10.

(b) Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this part as described in §370.41. You maychoose to report the Tier II information described in §370.42 for any hazardous chemical at your facility. You must submit Tier II information to theSERC, LEPC, or fire department having jurisdiction over your facility if they request it. EPA publishes Tier Iand Tier II Inventory Forms that provide uniform formats for reporting the Tier I and Tier II information. Youmay use a State or local format for reporting inventory information if the State or local format contains at least the Tier I information described in §370.41. EPA’s Tier I and Tier II forms are available at http://www.epa.gov/ emergencies.

N OTE TO PARAGRAPH (b): Some States require Tier II information annually under State law.

(c) You should contact the SERC to determine that State’s requirementsfor inventory reporting formats, procedures, and to obtain inventory forms.

§ 370.41 What is Tier I inventory information?
Tier I information provides State andlocal 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


### 452 40 CFR Ch. I (7–1–13 Edition) Nt.,§ 370.41

of this part. If you are reporting Tier Iinformation, you must report aggregate information on hazardous chemicals by hazard categories. There are two health hazard categories and three physical hazard categories for purposes of reporting under this part. These five hazard categories are defined in 40 CFR 370.66. Tier I information includes all of the following:

(a) Certification. The owner or operator or the officially designated representative of the owner or operatormust 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 onmy 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 pagesin the submission including all attachments. All other pages must also contain your signature or signaturestamp, the date you signed the certification, and the total number of pages in the submission.

(b) The calendar year for the reporting period.

(c) The complete name (and companyidentifier where appropriate) and address of your facility. Include the full street address or state road, the city, county, State and zip code.

(d) The North American Industry Classification System (NAICS) code for your facility.

(e) The Dun & Bradstreet number of your facility.

(f) The owner’s or operator’s fullname, mailing address, and phone number.

(g) Emergency contact. The name, title, and phone number(s) of at least one local individual or office that canact as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must provide an emergency phonenumber where such emergency information will be available 24 hours a day, every day. (h) An indication whether the information being reported is identical to that submitted the previous year.

(i) An estimate (in ranges) of themaximum amount of hazardous chemicals in each hazard category present at your facility at any time during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are in §370.43.

(j) An estimate (in ranges) of the average daily amount of hazardous chemicals in each hazard categorypresent at your facility during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are in §370.43.

(k) The maximum number of days that any single hazardous chemical within each hazard category waspresent at your facility during the reporting period.

(l) The general location of hazardous chemicals in each hazard category within your facility. For each hazard type, list the locations of all applicable chemicals. As an alternative, you may choose to submit a site plan and listthe site coordinates to indicate the locations of the chemicals.

E FFECTIVE D ATE N OTE : At 77 FR 41313, July 13, 2012, §370.41, was revised, effective Jan. 1,2014. For the convenience of the user, the revised text is set forth 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 theprevious 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 purposesof 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 allinformation 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


### 453 Environmental Protection Agency Nt.,§ 370.41

obtaining the information, I believe that the submitted information is true, accurate, andcomplete.’’ This certification shall be accompanied by your full name, official title, signature, date signed, and total number ofpages 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.

N OTE TO PARAGRAPH ( A ): Some states require electronic reporting (on-line or viadiskettes) 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 ofoccupants 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. Ifyour 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 issubject 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-hourphone number, and email address of the facility emergency coordinator, if applicable.

N OTE 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 section302(b)(2)) to designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. EPA encourages facilitiesnot 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 individualthat 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 todifferent ranges. The range codes are provided in §370.43.

(t) An estimate (in ranges) of the average daily amount of hazardous chemicals in eachhazard 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 anysingle 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 withinyour 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).


### 454 40 CFR Ch. I (7–1–13 Edition) § 370.42

§ 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 chemicalspresent at your facility during the previous calendar year. If you are reporting Tier II information, you must include:

(a) Certification. The owner or operator or the officially designated representative of the owner or operatormust 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 onmy 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, originalsignature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signaturestamp, the date you signed the certification, and the total number of pages in the submission.

(b) The calendar year for the reporting period.

(c) The complete name (and companyidentifier where appropriate) and address of your facility. Include the full street address or state road, the city, county, State and zip code.

(d) The North American Industry Classification System (NAICS) code for your facility.

(e) The Dun & Bradstreet number of your facility.

(f) The owner’s or operator’s fullname, mailing address, and phone number.

(g) Emergency contact. The name, title, and phone number(s) of at least one local individual or office that canact as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must provide an emergency phonenumber where such emergency information will be available 24 hours a day, every day. (h) An indication whether the information being reported is identical to that submitted the previous year.

(i) For each hazardous chemical that you are required to report, you must:

(1) Provide the chemical name or thecommon name of the chemical as provided on the Material Safety DataSheet and its Chemical Abstract Service (CAS) registry number. If you are withholding the name in accordance with trade secret criteria, you must provide the generic class or category that is structurally descriptive of the chemical and indicate that the name is withheld because of trade secrecy. Trade secret criteria are addressed in §370.64(a).

(2) Indicate whether the chemical is: pure or mixture; solid, liquid, or gas;and whether the chemical is or contains an EHS.

(3) If the chemical is a mixture containing an EHS, provide the chemical name of each EHS in the mixture.

(4) Indicate which hazard categories apply to the chemical. The five hazard categories are defined in §370.66.

(5) Provide an estimate (in ranges) of the maximum amount of the hazardous chemical present at your facility on any single day during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are in §370.43.

(6) Provide an estimate (in ranges) ofthe average daily amount of the hazardous chemical present at your facility during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are in §370.43.

(7) The maximum number of days that the hazardous chemical waspresent at your facility during the preceding calendar year.

(8)(i) Provide a brief description of the precise location of the hazardous chemical at your facility. You may also attach one of the following with your Tier II inventory form.

(A) A site plan with site coordinates 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.


### 455 Environmental Protection Agency Nt., § 370.42

(C) A description of dikes and other safeguard measures for storage locations throughout your facility.

(ii) Under EPCRA section 324, youmay choose to withhold from disclosure to the public the location information for a specific chemical. If youchoose to withhold the location information from disclosure to the public,you must clearly indicate that the information is ‘‘confidential.’’ You mustprovide the confidential location information on a separate sheet from the other Tier II information (which will be disclosed to the public), and attach the Confidential Location Information Sheet to the other Tier II information.Indicate any attachments you are including.

(9) Provide a brief description of the manner of storage of the hazardous chemical, including container type,temperature and pressure for each location listed. You must use codes that correspond to different storage typesand temperature and pressure conditions. The storage codes are in §370.43. If the specific location for which you are reporting storage conditions is a ‘‘confidential’’ location, then you mustreport the storage conditions on a separate Confidential Location Information Sheet.

[73 FR 65478, Nov. 3, 2008, as amended at 74 FR 13125, Mar. 26, 2009]

E FFECTIVE D ATE N OTE : At 77 FR 41314, July 13, 2012, §370.42, was revised, effective Jan. 1,2014. For the convenience of the user, the revised text is set forth as follows:

§ 370.42 What is Tier II inventory information?
Tier II information provides State andlocal officials and the public with specific information on the amounts and locations of hazardous chemicals present at your facility during the previous calendar year. Somestates may require you to use a state reporting format including electronic reportingand 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 allinformation 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, andcomplete.’’ This certification must be accompanied by your full name, official title, signature, date signed, and total number ofpages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pagesmust also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.

N OTE TO PARAGRAPH ( A ): Some states require electronic reporting (on-line or viadiskettes) 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 ofoccupants 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. Ifyour 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 subjectto 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 part68, 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.


### 456 40 CFR Ch. I (7–1–13 Edition) Nt., § 370.42

(o) The name, title, phone number, 24-hourphone number and email address of the facility emergency coordinator, if applicable.

N OTE TO PARAGRAPH ( O ): Section 303(d)(1) of EPCRA requires facilities subject to theemergency planning notification requirement (including additional facilities designated by the Governor or the SERC underEPCRA section 302(b)(2)) to designate a facility representative who will participate in thelocal emergency planning process as a facility emergency coordinator. EPA encouragesfacilities 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 andemail 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 individualthat 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 DataSheet (MSDS) and provide the Chemical Abstract Service (CAS) registry number of the chemical provided on the MSDS.

N OTE TO PARAGRAPH ( S )(1): If you are withholding the name in accordance with trade secret criteria, you must provide the genericclass or category that is structurally descriptive of the chemical and indicate thatthe name is withheld because of trade secrecy. Trade secret criteria are addressed in §370.64(a).

(2) Indicate whether the chemical is asolid, liquid, or gas; and whether the chemical is an EHS.

(3) Mixture: If you are reporting a mixture, enter the mixture name, product name ortrade 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 providedor 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: Indicatewhich 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 thepreceding 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 reportinga 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 containingthe 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 thehazardous 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.

N OTE TO PARAGRAPHS ( S )(9) AND (10): YourSERC 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 specificchemical. 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


### 457 Environmental Protection Agency Nt., § 370.43

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 informationon 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).

§ 370.43 What codes are used to reportTier I and Tier II inventory information?
(a) Weight range codes. Except as provided in paragraph (d) of this section,you must use the following codes to report the maximum amount and average daily amount when reporting Tier I or Tier II information:

Range codes Weight range in pounds

From To

01 ................................................................................................ 0 ............................ .................. 99 02 ................................................................................................ 100 .......................... ................ 999 03 ................................................................................................ 1,000 ........................ ............... 9,999 04 ................................................................................................ 10,000 ....................... .............. 99,999 05 ................................................................................................ 100,000 ...................... ............. 999,999 06 ................................................................................................ 1,000,000 .................... ............ 9,999,999 07 ................................................................................................ 10,000,000 ................... ........... 49,999,999 08 ................................................................................................ 50,000,000 ................... ........... 99,999,999 09 ................................................................................................ 100,000,000 .................. .......... 499,999,999 10 ................................................................................................ 500,000,000 .................. .......... 999,999,999 11 ................................................................................................ 1 billion .................... ............... More than 1 billion.

Note to paragraph (a): To convert gas or liquid volume to weight in pounds, multiply by an appropriate density factor.

(b) Storage type codes. Except as provided in paragraph (d) of this section,you must use the following codes to report storage types when you are reporting Tier II information:

Codes Types of storage

A ................... Above ground tank. B ................... Below ground tank. C ................... Tank inside building. D ................... Steel drum. E ................... Plastic or non-metallic drum. F ................... Can. G ................... Carboy. H ................... Silo. I ..................... Fiber drum. J .................... Bag. K ................... Box. L .................... Cylinder. M ................... Glass bottles or jugs. N ................... Plastic bottles or jugs. O ................... Tote bin. P ................... Tank wagon. Q ................... Rail car. R ................... Other.

(c) Storage condition codes. Except asprovided in paragraph (d) of this section, you must use the following codes to report storage conditions when you are reporting Tier II information:

Codes Storage conditions

Pressure conditions

1 .................... Ambient pressure. 2 .................... Greater than ambient pressure. Codes Storage conditions

3. ................... Less than ambient pressure.

Temperature conditions

4 .................... Ambient temperature. 5 .................... Greater than ambient temperature.6 .................... Less than ambient temperature but not cryogenic. 7 .................... Cryogenic conditions.

(d) Your SERC or LEPC may provideother range codes for reporting maximum amounts and average daily amounts, or may require reporting of specific amounts. You may use yourSERC’s or LEPC’s range codes (or specific amounts) provided the ranges arenot broader than the ranges in paragraph (a) of this section. Your SERC or LEPC may also provide other codes for storage types or conditions. You may use those codes provided your SERC’s or LEPC’s storage types and conditionscodes specify the same or more detailed information as the codes in paragraphs (b) and (c) of this section.

E FFECTIVE D ATE N OTE : At 77 FR 41315, July 13, 2012, §370.43, was revised, effective Jan. 1,2014. For the convenience of the user, the revised text is set forth as follows:


### 458 40 CFR Ch. I (7–1–13 Edition) § 370.44

§ 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 mustuse the following codes to report the maximum amount and average daily amountwhen 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

N OTE 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 useyour 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.

§ 370.44 To whom must I submit the inventory information?
You must submit the required inventory information to your SERC, LEPC, and fire department with jurisdiction over your facility.

§ 370.45 When must I submit the inventory information?
(a) You must submit the required inventory information on or before March 1 (beginning in 1988 or beginningafter your facility first becomes subject to this part), and on or before by March 1 of each year afterwards. Your submission must contain the required inventory information on hazardouschemicals present at your facility during the preceding calendar year at or above the threshold levels. Thresholdlevels are in §370.10. The minimum required inventory information underEPCRA section 312 is Tier I information. Tier I information requirements are described in §370.41. (b) You must submit Tier II information within 30 days of the receipt of a request from the SERC, LEPC, or the fire department having jurisdiction over your facility, as provided in§370.10(b). Tier II information requirements are described in §370.42.



### Subpart D—Community Access to Information

§ 370.60 How does a person obtain MSDS information about a specific facility?
Any person may obtain an MSDS for a specific facility by writing to the LEPC and asking for it.

(a) If the LEPC has the MSDS, it must provide it to the person making the request.

(b) If the LEPC does not have the MSDS, it must request the MSDS from the facility’s owner or operator.

§ 370.61 How does a person obtain inventory information about a specific facility?
(a) Any person may request Tier II information for a specific facility by writing to the SERC or the LEPC and asking for such information.

(1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request.

(2) If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following

cases:

(i) The person making the request is a State or local official acting in his or her official capacity.

(ii) The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar

year.

(3) If the SERC or LEPC does nothave the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met, but the person’s request includes a general statement of need.

(b) A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request.


### 459 Environmental Protection Agency § 370.66

§ 370.62 What information may a Stateor local official request from a facility?
The LEPC may ask a facility owner or operator to submit an MSDS for ahazardous chemical present at the facility. The SERC, LEPC, or fire department having jurisdiction over a facility may ask a facility owner or operator to submit Tier II information. The owner or operator must provide the MSDS (unless the owner or operator has already submitted an MSDS to the LEPC for that hazardous chemical) or Tier II information within 30 days of receipt of such request.

§ 370.63 What responsibilities do the SERC and the LEPC have to make request information available?
Under this subpart, the SERC orLEPC must make the following information (except for confidential location information discussed in §370.64(b)) available if a person requests it:

(a) All information obtained from anowner or operator in response to a request under this subpart.

(b) Any requested Tier II information or MSDS otherwise in possession of the SERC or the LEPC.

§ 370.64 What information can I claim as trade secret or confidential?
(a) Trade secrets. You may be able towithhold the name of a specific chemical when submitting MSDS reporting or inventory reporting information if that chemical name is claimed as a trade secret. The requirements for withholding trade secret information are set forth in EPCRA section 322 and implemented in 40 CFR part 350. If you are withholding the name of a specificchemical as a trade secret in accordance with trade secrecy requirements, you must report the generic class orcategory that is structurally descriptive of the chemical along with all other required information. You must also submit the withheld informationto EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available at the Agency Web site at http:// www.epa.gov/emergencies.

(b) Confidential location information. You may request that the SERC or the LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. If you make such a request, the SERC or LEPC must not disclose the location of the specific chemical. If you use the Tier II Form to report your inventory information, you can chooseto report confidential location information for a specific chemical on the Confidential Location Information Sheet, which must be attached to theother Tier II information you are reporting. Although you may request that location information with respect to a specific chemical be withheld from the public, you may not withhold this information from the SERC, the LEPC,or the local fire department. The Confidential Location Information Sheet is available on the Agency Web site at http://www.epa.gov/emergencies.

§ 370.65 Must I allow the local fire department to inspect my facility andmust I provide specific location information about hazardous chemicals at my facility?
If you are the owner or operator of a facility that has submitted inventory information under this part, you mustcomply with the following two requirements upon request by the fire department with jurisdiction over your facility:

(a) You must allow the fire department to conduct an on-site inspection of your facility; and

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

§ 370.66 How are key words in this part defined?
Chief Executive Officer of the Tribe means the person who is recognized by the Bureau of Indian Affairs as the chief elected administrative officer of the Tribe.

Environment includes water, air, andland and the interrelationship that exists among and between water, air, and land and all living things.

EPCRA means the Emergency Planning and Community Right-To-Know Act of 1986.

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


### 460 40 CFR Ch. I (7–1–13 Edition) § 370.66

Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls,is controlled by, or under common control with, such person).

Facility includes manmade structures, as well as all natural structures in which chemicals are purposefully placed or removed through humanmeans such that it functions as a containment structure for human use.

Hazard category means any of the following:

(1) Immediate (acute) health hazard, including highly toxic, toxic, irritant, sensitizer, corrosive, (as defined under 29 CFR 1910.1200) and other hazardous chemicals that cause an adverse effectto a target organ and which effect usually occurs rapidly as a result of shortterm exposure and is of short duration;

(2) Delayed (chronic) health hazard, including carcinogens (as defined under 29 CFR 1910.1200) and other hazardous chemicals that cause an adverse effectto a target organ and which effect generally occurs as a result of long-term exposure and is of long duration;

(3) Fire hazard, including flammable,combustible liquid, pyrophoric, and oxidizer (as defined under 29 CFR 1910.1200);

(4) Sudden release of pressure, including explosive and compressed gas (as defined under 29 CFR 1910.1200); and

(5) Reactive, including unstable reactive, organic peroxide, and water reactive (as defined under 29 CFR 1910.1200).

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

(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(2) Any substance present as a solidin any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

(3) Any substance to the extent it is used:

(i) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not itis intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;

(ii) In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or

(iii) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

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

(1) All land within the limits of anyIndian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;

(2) All dependent Indian communities within the borders of the United Stateswhether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and

(3) All Indian allotments, the Indiantitles to which have not been extinguished, including rights-of-way running through the same.

Indian Tribe or Tribe means thoseTribes federally recognized by the Secretary of the Interior.

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

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

Material Safety Data Sheet or MSDSmeans the sheet required to be developed under 29 CFR 1910.1200(g).

Mixture means mixture as defined under the Occupational Safety andHealth Administration’s Hazard Communication Standard in 29 CFR 1910.1200(c).


### 461 Environmental Protection Agency § 372.3

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

Person means any individual, trust, firm, joint stock company, corporation (including a government corporation),partnership, association, State, municipality, commission, political subdivision of a State, or interstate body.

SERC means the State Emergency Response Commission for the State in which the facility is located except when the facility is located in Indian Country, in which case, SERC means the Emergency Response Commission for the Tribe under whose jurisdiction the facility is located. In the absence of a SERC for a State or an IndianTribe, the Governor or the chief executive officer of the tribe, respectively,shall be the SERC. Where there is a cooperative agreement between a Stateand a Tribe, the SERC shall be the entity identified in the agreement.

State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern MarianaIslands, any other territory or possession over which the United States has jurisdiction and Indian Country.

Threshold planning quantity (TPQ)means, for a substance listed in Appendices A and B of 40 CFR part 355, thequantity listed in the column ‘‘threshold planning quantity’’ for that substance.



### PART 372—TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

Subpart A—General Provisions

Sec. 372.1 Scope and purpose. 372.3 Definitions. 372.5 Persons subject to this part. 372.10 Recordkeeping. 372.18 Compliance and enforcement.

Subpart B—Reporting Requirements

372.20 Process for modifying covered chemicals and facilities. 372.22 Covered facilities for toxic chemical release reporting. 372.23 SIC and NAICS codes to which this Part applies. 372.25 Thresholds for reporting. 372.27 Alternate threshold and certification. 372.28 Lower thresholds for chemicals of special concern. 372.30 Reporting requirements and schedule for reporting. 372.38 Exemptions.

Subpart C—Supplier Notification Requirements

372.45 Notification about toxic chemicals.

Subpart D—Specific Toxic Chemical Listings

372.65 Chemicals and chemical categories to which this part applies.

Subpart E—Forms and Instructions

372.85 Toxic chemical release reporting form and instructions. 372.95 Alternate threshold certification and instructions.

A UTHORITY : 42 U.S.C. 11023 and 11048.

S OURCE : 53 FR 4525, Feb. 16, 1988, unless otherwise noted.



### Subpart A—General Provisions

§ 372.1 Scope and purpose.

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

§ 372.3 Definitions.

Terms defined in sections 313(b)(1)(c) and 329 of Title III and not explicitlydefined herein are used with the meaning given in Title III. For the purpose of this part:

Acts means Title III. Article means a manufactured item: (1) Which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or