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(N3)) ............................................... 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 .............................................................. ..................... 100 100/10,000 

30674–80–7 .......... Methacryloyloxyethyl Isocyanateh .............................. ..................... 100 100 

39196–18–4 .......... Thiofanox .................................................................... ..................... 100 100/10,000 

50782–69–9 .......... Phosphonothioic Acid, Methyl-, S-(2-(Bis(1- 

Methylethyl)Amino)Ethyl) O-Ethyl Ester.

..................... 100 100 

53558–25–1 .......... Pyriminil ...................................................................... d .................. 100 100/10,000 

58270–08–9 .......... 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 volume 

and known risk are considered chemicals of concern (‘‘Other chemicals’’). (November 17, 1986, and February 15, 1990.) 

g. The TPQ was recalculated (September 8, 2003) since it was mistakenly calculated in the April 22, 1987, final rule under the 

wrong assumption that this chemical is a reactive solid, when in fact it is a liquid. RQ for this chemical was adjusted on September 11, 2006. 

PART 370—HAZARDOUS CHEMICAL 

REPORTING: 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? 

HOW TO COMPLY WITH MSDS REPORTING

370.30 What information must I provide and 

what format must I use? 

370.31 Do I have to update the information? 

370.32 To whom must I submit the information? 

370.33 When must I submit the information? 

HOW TO COMPLY WITH INVENTORY REPORTING

370.40 What information must I provide and 

what format must I use? 

370.41 What is Tier I inventory information? 

370.42 What is Tier II inventory information? 

370.43 What codes are used to report Tier I 

and Tier II inventory information? 

370.44 To whom must I submit the inventory information? 

370.45 When must I submit the inventory information? 

Subpart D—Community Access to 

Information 

370.60 How does a person obtain MSDS information about a specific facility? 

370.61 How does a person obtain inventory 

information about a specific facility? 

370.62 What information may a State or 

local official request from a facility? 

370.63 What responsibilities do the SERC 

and the LEPC have to make requested 

information available? 

370.64 What information can I claim as 

trade secret or confidential? 

370.65 Must I allow the local fire department to inspect my facility and must I 

provide specific location information 

about hazardous chemicals at my facility? 

370.66 How are key words in this part defined? 


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

AUTHORITY: Sections 302, 311, 312, 322, 324, 

325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 

1986 (EPCRA) (Pub. L. 99–499, 100 Stat. 1613, 

42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 

11047, 11048, and 11049). 

SOURCE: 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 raises 

community awareness of chemical hazards and aids in the development of 

State and local emergency response 

plans. The reporting requirements established under this part consist of Material Safety Data Sheet (MSDS) reporting and inventory reporting. 

(b) This part is written in a special 

format to make it easier to understand 

the regulatory requirements. Like 

other Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. 

Information considered non-binding 

guidance under EPCRA is indicated in 

this regulation by the word ‘‘note’’ and 

a smaller typeface. Such notes are provided for information purposes only 

and are not considered legally binding 

under this part. 

§ 370.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ 

refer to in this part? 

Throughout this part, ‘‘you,’’ ‘‘I,’’ 

and ‘‘your’’ refer to the owner or operator of a facility. 

§ 370.3 Which section contains the 

definitions of the key words used in 

this part? 

The definitions of key words used in 

this part are in §370.66. It is important 

to read the definitions for key words 

because the definition explains the 

word’s specific meaning in the regulations in this part. 

Subpart B—Who Must Comply 

§ 370.10 Who must comply with the 

hazardous chemical reporting requirements of this part? 

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

hazardous chemical and if either of the 

following conditions is met: 

(1) A hazardous chemical that is an 

Extremely Hazardous Substance (EHS) 

is present at your facility at any one 

time in an amount equal to or greater 

than 500 pounds (227 kg—approximately 

55 gallons) or the Threshold Planning 

Quantity (TPQ), whichever is lower. 

EHSs and their TPQs are listed in Appendices A and B of 40 CFR part 355. 

(2) A hazardous chemical that is not 

an EHS is present at your facility at 

any one time in an amount equal to or 

greater than the threshold level for 

that hazardous chemical. Threshold 

levels for such hazardous chemicals 

are: 

(i) For any hazardous chemical that 

does not meet the criteria in paragraph 

(a)(2)(ii) or (iii) of this section, the 

threshold level is 10,000 pounds (or 4,540 

kg). 

(ii) For gasoline at a retail gas station (For purposes of this part, retail 

gas station means a retail facility engaged in selling gasoline and/or diesel 

fuel principally to the public, for 

motor vehicle use on land.), the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tank(s) entirely underground and was in compliance at all times during the preceding 

calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR 

part 281. 

(iii) For diesel fuel at a retail gas 

station (For purposes of this part, retail gas station means a retail facility 

engaged in selling gasoline and/or diesel fuel principally to the public, for 


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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 you 

submit an MSDS for a hazardous chemical for which you have not submitted 

an MSDS to your LEPC; or 

(2) If your LEPC, SERC, or the fire 

department with jurisdiction over your 

facility requests that you submit Tier 

II information. 

§ 370.11 [Reserved] 

§ 370.12 What hazardous chemicals 

must I report under this part? 

(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 at 

your 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 of 

hazardous chemicals subject to reporting under this part. A substance is a 

hazardous chemical if it is required to 

have an MSDS and meets the definition 

of hazardous chemical under the OSHA 

regulations found at 29 CFR 

1910.1200(c). 

§ 370.13 What substances are exempt 

from these reporting requirements? 

You do not have to report substances 

for which you are not required to have 

an MSDS under the OSHA regulations, 

or that are excluded from the definition of hazardous chemical under 

EPCRA section 311(e). Each of the following substances are excluded under 

EPCRA section 311(e): 

(a) Any food, food additive, color additive, drug, or cosmetic regulated by 

the Food and Drug Administration. 

(b) Any substance present as a solid 

in any manufactured item to the extent exposure to the substance does not 

occur under normal conditions of use. 

(c) Any substance to the extent it is 

used: 

(1) For personal, family, or household 

purposes, or is present in the same 

form and concentration as a product 

packaged for distribution and use by 

the general public. Present in the same 

form and concentration as a product 

packaged for distribution and use by 

the general public means a substance 

packaged in a similar manner and 

present in the same concentration as 

the substance when packaged for use 

by the general public, whether or not it 

is intended for distribution to the general public or used for the same purpose as when it is packaged for use by 

the general public; 

(2) In a research laboratory or hospital or other medical facility under 

the direct supervision of a technically 

qualified individual; or 

(3) In routine agricultural operations 

or is a fertilizer held for sale by a retailer to the ultimate customer. 

§ 370.14 How do I report mixtures containing hazardous chemicals? 

(a) For a mixture containing a hazardous chemical, use the following 

table to determine if a reporting 

threshold is equaled or exceeded, and 

to determine how to report: 


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

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, by 

adding 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 the 

quantity present as a component in all mixtures and all other quantities of the hazardous 

chemical (you must include the quantity 

present 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 consistent 

for both MSDS and inventory reporting, unless it is not possible to do so. 

This means that if you report on a specific mixture as a whole for MSDS reporting, you must report on that mixture as a whole for inventory reporting 

too (unless it is not possible). MSDS reporting and inventory reporting are 

discussed in detail in subpart C of this 

part. 

(c) To determine the quantity of an 

EHS or a non-EHS hazardous chemical 

component present in a mixture, multiply the concentration of the hazardous chemical component (in weight 

percent) by the weight of the mixture 

(in pounds). You do not have to count 

a hazardous chemical present in a mixture if the concentration is less than or 

equal to 1%, or less than or equal to 

0.1% for a carcinogenic chemical. 

Subpart C—Reporting 

Requirements 

§ 370.20 What are the reporting requirements of this part? 

The reporting requirements of this 

part consist of MSDS reporting and inventory reporting. If you are the owner 

or operator of a facility subject to the 

reporting requirements of this part 

then you must comply with both types 

of reporting requirements. MSDS reporting requirements are addressed in 

§§370.30 through 370.33. Inventory reporting requirements are addressed in 

§§370.40 through 370.45. 

HOW TO COMPLY WITH MSDS REPORTING

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

(a) You must report the hazardous 

chemicals present at your facility that 

meet or exceed the applicable threshold levels (threshold levels are in 

§1A370.10) by either: 

(1) Submitting an MSDS for each 

hazardous chemical present at your facility that meet or exceed its applicable threshold level; or 

(2) Submitting a list of all hazardous 

chemicals present at your facility at or 

above the applicable threshold levels. 

The hazardous chemicals on your list 

must be grouped by Hazard Category as 

defined under §370.66. The list must 

contain the chemical or common name 


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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 any 

hazardous chemical present at your facility for which you have not submitted an MSDS. 

§ 370.31 Do I have to update the information? 

MSDS reporting stated in §370.30 is a 

one-time requirement. However, you 

must update the information in all of 

the following ways: 

(a) Submit a revised MSDS after you 

discover significant new information 

concerning a hazardous chemical for 

which an MSDS was submitted. 

(b) Submit an MSDS, or a list as described in §370.30(a), for any new hazardous chemical for which you become 

subject to these reporting requirements. 

(c) Submit, as requested by the 

LEPC, an MSDS for any hazardous 

chemical present at your facility which 

you have not already submitted, as 

provided in §370.30(b). 

§ 370.32 To whom must I submit the information? 

(a) You must submit an MSDS or 

list, as provided in §370.30(a), to the 

LEPC, the SERC, and the fire department with jurisdiction over your facility. 

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

§370.30(b), to the LEPC. 

§ 370.33 When must I submit the information? 

(a) You must submit an MSDS or a 

list, as provided in §370.30(a), for a hazardous chemical subject to the reporting requirements of this part by October 17, 1987, or within 3 months after 

you first become subject to the reporting requirements of this part (as provided in §§370.30 and 370.31(b)). 

(b) You must submit a revised MSDS, 

as provided in §370.31(a), within 3 

months after discovering significant 

new information about a hazardous 

chemical for which an MSDS was submitted. 

(c) You must submit an MSDS requested by the LEPC, as provided in 

§§370.30(b) and 370.31(c), within 30 days 

of receiving the request. 

HOW TO COMPLY WITH INVENTORY

REPORTING

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

(a) If you are required to comply with 

the hazardous chemical reporting requirements of this part, then by March 

1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous 

calendar year in an amount equal to or 

in excess of its threshold level. Threshold levels are provided in §370.10. 

(b) Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this 

part as described in §370.41. You may 

choose to report the Tier II information described in §370.42 for any hazardous chemical at your facility. You 

must submit Tier II information to the 

SERC, LEPC, or fire department having jurisdiction over your facility if 

they request it. EPA publishes Tier I 

and Tier II Inventory Forms that provide uniform formats for reporting the 

Tier I and Tier II information. You 

may use a State or local format for reporting inventory information if the 

State or local format contains at least 

the Tier I information described in 

§370.41. EPA’s Tier I and Tier II forms 

are available at http://www.epa.gov/ 

emergencies. 

NOTE TO PARAGRAPH (b): Some States require Tier II information annually under 

State law. 

(c) You should contact the SERC to 

determine that State’s requirements 

for inventory reporting formats, procedures, and to obtain inventory forms. 

§ 370.41 What is Tier I inventory information? 

Tier I information provides State and 

local officials and the public with information on the general types and locations of hazardous chemicals present 

at your facility during the previous 

calendar year. The Tier I information 

is the minimum information that you 

must provide to be in compliance with 

the inventory reporting requirements 


wreier-aviles on DSK5TPTVN1PROD with CFR
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Nt.,§ 370.41 40 CFR Ch. I (7–1–13 Edition) 

of this part. If you are reporting Tier I 

information, you must report aggregate information on hazardous chemicals by hazard categories. There are 

two health hazard categories and three 

physical hazard categories for purposes 

of reporting under this part. These five 

hazard categories are defined in 40 CFR 

370.66. Tier I information includes all of 

the following: 

(a) Certification. The owner or operator or the officially designated representative of the owner or operator 

must certify that all information included in the Tier I submission is true, 

accurate, and complete as follows: ‘‘I 

certify under penalty of law that I have 

personally examined and am familiar 

with the information and that based on 

my inquiry of those individuals responsible for obtaining the information, I 

believe that the submitted information 

is true, accurate, and complete.’’ This 

certification shall be accompanied by 

your full name, official title, signature, 

date signed, and total number of pages 

in the submission including all attachments. All other pages must also contain your signature or signature 

stamp, the date you signed the certification, and the total number of pages 

in the submission. 

(b) The calendar year for the reporting period. 

(c) The complete name (and company 

identifier where appropriate) and address of your facility. Include the full 

street address or state road, the city, 

county, State and zip code. 

(d) The North American Industry 

Classification System (NAICS) code for 

your facility. 

(e) The Dun & Bradstreet number of 

your facility. 

(f) The owner’s or operator’s full 

name, mailing address, and phone number. 

(g) Emergency contact. The name, 

title, and phone number(s) of at least 

one local individual or office that can 

act as a referral if emergency responders need assistance in responding to a 

chemical accident at your facility. You 

must provide an emergency phone 

number where such emergency information will be available 24 hours a day, 

every day. 

(h) An indication whether the information being reported is identical to 

that submitted the previous year. 

(i) An estimate (in ranges) of the 

maximum amount of hazardous chemicals in each hazard category present at 

your facility at any time during the 

preceding calendar year. You must use 

codes that correspond to different 

ranges. The range codes are in §370.43. 

(j) An estimate (in ranges) of the average daily amount of hazardous 

chemicals in each hazard category 

present at your facility during the preceding calendar year. You must use 

codes that correspond to different 

ranges. The range codes are in §370.43. 

(k) The maximum number of days 

that any single hazardous chemical 

within each hazard category was 

present at your facility during the reporting period. 

(l) The general location of hazardous 

chemicals in each hazard category 

within your facility. For each hazard 

type, list the locations of all applicable 

chemicals. As an alternative, you may 

choose to submit a site plan and list 

the site coordinates to indicate the locations of the chemicals. 

EFFECTIVE DATE NOTE: 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 the 

previous calendar year. The Tier I information is the minimum information that you 

must provide to be in compliance with the 

inventory reporting requirements of this 

part. If you are reporting Tier I information, 

you must report aggregate information on 

hazardous chemicals by hazard categories. 

There are two health hazard categories and 

three physical hazard categories for purposes 

of reporting under this part. These five hazard categories are defined in 40 CFR 370.66. 

Tier I inventory form includes the following 

data elements: 

(a) Certification. The owner or operator or 

the officially designated representative of 

the owner or operator must certify that all 

information included in the Tier I submission is true, accurate, and complete as follows: ‘‘I certify under penalty of law that I 

have personally examined and am familiar 

with the information and that based on my 

inquiry of those individuals responsible for 


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Environmental Protection Agency Nt.,§ 370.41 

obtaining the information, I believe that the 

submitted information is true, accurate, and 

complete.’’ This certification shall be accompanied by your full name, official title, signature, date signed, and total number of 

pages in the submission including all attachments. All other pages must also contain 

your signature or signature stamp, the date 

you signed the certification, and the total 

number of pages in the submission. 

NOTE TO PARAGRAPH (A): Some states require electronic reporting (on-line or via 

diskettes) and electronic certification. Contact your state for the specific requirements 

in that state. 

(b) The calendar year for the reporting period. 

(c) An indication whether the information 

being reported on page one of the form is 

identical to that submitted last year. 

(d) The complete name and address of the 

location of your facility (include the full 

street address or state road, city, county, 

State and zip code), latitude and longitude. 

(e) An indication if the location of your facility is manned or unmanned. 

(f) An estimate of the maximum number of 

occupants present at any one time. If the location of your facility is unmanned, check 

the box marked N/A, not applicable. 

(g) The phone number of your facility (optional). 

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

(i) The Dun & Bradstreet number of your 

facility. 

(j) Facility identification numbers assigned under the Toxic Release Inventory 

(TRI) and Risk Management Program. If 

your facility has not been assigned an identification number under these programs or if 

your facility is not subject to reporting 

under these programs, check the box marked 

N/A, not applicable. 

(k) An indication whether your facility is 

subject to the emergency planning notification requirement under EPCRA section 302, 

codified in 40 CFR part 355. 

(l) An indication whether your facility is 

subject to the chemical accident prevention 

requirements under Section 112(r) of the 

Clean Air Act, codified in 40 CFR part 68, 

also known as the Risk Management Program. 

(m) The name, mailing address, phone 

number and email address of the owner or 

operator of the facility. 

(n) The name, mailing address, phone number, Dun & Bradstreet number and email address of the facility’s parent company. These 

are optional data elements. 

(o) The name, title, phone number, 24-hour 

phone number, and email address of the facility emergency coordinator, if applicable. 

NOTE TO PARAGRAPH (O): EPCRA Section 

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

emergency planning notification requirement under EPCRA section 302 (including additional facilities designated by the Governor or the SERC under EPCRA section 

302(b)(2)) to designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. EPA encourages facilities 

not subject to the emergency planning notification requirement also to provide this information, if available, for effective emergency planning in your community. 

(p) The name, title, phone number, and 

email address of the person to contact for 

the information contained in the Tier I form. 

(q) The name, title, phone number and 

email address of at least one local individual 

that can act as a referral if emergency responders need assistance in responding to a 

chemical accident at your facility. You must 

also provide an emergency phone number 

which will be available 24 hours a day, every 

day. 

(r) An indication whether the information 

being reported on page two of the form is 

identical to that submitted last year. 

(s) An estimate (in ranges) of the maximum amount of hazardous chemicals in 

each hazard category present at your facility 

at any time during the preceding calendar 

year. You must use codes that correspond to 

different ranges. The range codes are provided in §370.43. 

(t) An estimate (in ranges) of the average 

daily amount of hazardous chemicals in each 

hazard category present at your facility during the preceding calendar year. You must 

use codes that correspond to different 

ranges. The range codes are provided in 

§370.43. 

(u) The maximum number of days that any 

single hazardous chemical within each hazard category was present at your facility 

during the reporting period. 

(v) The general location of hazardous 

chemicals in each hazard category within 

your facility. General locations should include the names or identification of buildings, tank fields, lots, sheds or other such 

areas. You may also attach one or more of 

the following with your Tier I inventory 

form: 

(1) A site plan with site indicated for buildings, lots, areas, etc. throughout your facility. 

(2) A list of site coordinate abbreviations that 

correspond to buildings, lots, areas, etc., 

throughout your facility. 

(3) A description of dikes and other safeguard 

measures for storage locations throughout 

your facility. 

(w) An indication whether you are including any attachments (optional). 


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

§ 370.42 What is Tier II inventory information? 

Tier II information provides State 

and local officials and the public with 

specific information on amounts and 

locations of hazardous chemicals 

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

(a) Certification. The owner or operator or the officially designated representative of the owner or operator 

must certify that all information included in the Tier II submission is true, 

accurate, and complete as follows: ‘‘I 

certify under penalty of law that I have 

personally examined and am familiar 

with the information and that based on 

my inquiry of those individuals responsible for obtaining the information, I 

believe that the submitted information 

is true, accurate, and complete.’’ This 

certification must be accompanied by 

your full name, official title, original 

signature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signature 

stamp, the date you signed the certification, and the total number of pages 

in the submission. 

(b) The calendar year for the reporting period. 

(c) The complete name (and company 

identifier where appropriate) and address of your facility. Include the full 

street address or state road, the city, 

county, State and zip code. 

(d) The North American Industry 

Classification System (NAICS) code for 

your facility. 

(e) The Dun & Bradstreet number of 

your facility. 

(f) The owner’s or operator’s full 

name, mailing address, and phone number. 

(g) Emergency contact. The name, 

title, and phone number(s) of at least 

one local individual or office that can 

act as a referral if emergency responders need assistance in responding to a 

chemical accident at your facility. You 

must provide an emergency phone 

number where such emergency information will be available 24 hours a day, 

every day. 

(h) An indication whether the information being reported is identical to 

that submitted the previous year. 

(i) For each hazardous chemical that 

you are required to report, you must: 

(1) Provide the chemical name or the 

common name of the chemical as provided on the Material Safety Data 

Sheet and its Chemical Abstract Service (CAS) registry number. If you are 

withholding the name in accordance 

with trade secret criteria, you must 

provide the generic class or category 

that is structurally descriptive of the 

chemical and indicate that the name is 

withheld because of trade secrecy. 

Trade secret criteria are addressed in 

§370.64(a). 

(2) Indicate whether the chemical is: 

pure or mixture; solid, liquid, or gas; 

and whether the chemical is or contains an EHS. 

(3) If the chemical is a mixture containing an EHS, provide the chemical 

name of each EHS in the mixture. 

(4) Indicate which hazard categories 

apply to the chemical. The five hazard 

categories are defined in §370.66. 

(5) Provide an estimate (in ranges) of 

the maximum amount of the hazardous 

chemical present at your facility on 

any single day during the preceding 

calendar year. You must use codes that 

correspond to different ranges. The 

range codes are in §370.43. 

(6) Provide an estimate (in ranges) of 

the average daily amount of the hazardous chemical present at your facility during the preceding calendar year. 

You must use codes that correspond to 

different ranges. The range codes are in 

§370.43. 

(7) The maximum number of days 

that the hazardous chemical was 

present at your facility during the preceding calendar year. 

(8)(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. 


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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, you 

may choose to withhold from disclosure to the public the location information for a specific chemical. If you 

choose to withhold the location information from disclosure to the public, 

you must clearly indicate that the information is ‘‘confidential.’’ You must 

provide the confidential location information on a separate sheet from the 

other Tier II information (which will 

be disclosed to the public), and attach 

the Confidential Location Information 

Sheet to the other Tier II information. 

Indicate any attachments you are including. 

(9) 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 types 

and temperature and pressure conditions. The storage codes are in §370.43. 

If the specific location for which you 

are reporting storage conditions is a 

‘‘confidential’’ location, then you must 

report the storage conditions on a separate Confidential Location Information Sheet. 

[73 FR 65478, Nov. 3, 2008, as amended at 74 

FR 13125, Mar. 26, 2009] 

EFFECTIVE DATE NOTE: 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 and 

local officials and the public with specific information on the amounts and locations of 

hazardous chemicals present at your facility 

during the previous calendar year. Some 

states may require you to use a state reporting format including electronic reporting 

and certification for submitting your hazardous chemical inventory. Contact your 

state for the specific requirements in that 

state. Tier II inventory form includes the 

following data elements: 

(a) Certification. The owner or operator or 

the officially designated representative of 

the owner or operator must certify that all 

information included in the Tier II submission is true, accurate, and complete as follows: ‘‘I certify under penalty of law that I 

have personally examined and am familiar 

with the information and that based on my 

inquiry of those individuals responsible for 

obtaining the information, I believe that the 

submitted information is true, accurate, and 

complete.’’ This certification must be accompanied by your full name, official title, 

signature, date signed, and total number of 

pages in the submission including all Confidential and Non-Confidential Information 

Sheets and all attachments. All other pages 

must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the 

submission. 

NOTE TO PARAGRAPH (A): Some states require electronic reporting (on-line or via 

diskettes) and electronic certification. Contact your state for the specific requirements 

in that state. 

(b) The calendar year of the reporting period. 

(c) An indication whether the information 

being reported on page one of the form is 

identical to that submitted last year. 

(d) The complete name and address of the 

location of your facility (include the full 

street address or state road, city, county, 

State and zip code), latitude and longitude. 

(e) An indication if the location of your facility is manned or unmanned. 

(f) An estimate of the maximum number of 

occupants present at any one time. If the location of your facility is unmanned, check 

the box marked N/A, not applicable. 

(g) The phone number of your facility (optional). 

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

(i) The Dun & Bradstreet number of your 

facility. 

(j) Facility identification numbers assigned under the Toxic Release Inventory 

(TRI) and Risk Management Program. If 

your facility has not been assigned an identification number under these programs or if 

your facility is not subject to reporting 

under these programs, check the box marked 

N/A, not applicable. 

(k) An indication if your facility is subject 

to the emergency planning notification requirement under section 302 of EPCRA, codified in 40 CFR part 355. 

(l) An indication whether your facility is 

subject to the chemical accident prevention 

requirements under section 112(r) of the 

Clean Air Act (CAA), codified in 40 CFR part 

68, Chemical Accident Prevention Provisions, also known as the Risk Management 

Program. 

(m) The name, mailing address, phone 

number and email address of the owner or 

operator of the facility. 

(n) The name, mailing address, phone number, Dun & Bradstreet number and email address of the facility’s parent company. These 

are optional data elements. 


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

(o) The name, title, phone number, 24-hour 

phone number and email address of the facility emergency coordinator, if applicable. 

NOTE TO PARAGRAPH (O): Section 303(d)(1) of 

EPCRA requires facilities subject to the 

emergency planning notification requirement (including additional facilities designated by the Governor or the SERC under 

EPCRA section 302(b)(2)) to designate a facility representative who will participate in the 

local emergency planning process as a facility emergency coordinator. EPA encourages 

facilities not subject to the emergency planning notification requirement also to provide this information, if available, for effective 

emergency planning in your community. 

(p) The name, title, phone number and 

email address of the person to contact regarding information contained in the Tier II 

form. 

(q) The name, title, phone number and 

email address of at least one local individual 

that can act as a referral if emergency responders need assistance in responding to a 

chemical accident at your facility. You must 

also provide an emergency phone number 

which will be available 24 hours a day, every 

day. 

(r) An indication whether the information 

being reported on page two of the form is 

identical to that submitted last year. 

(s) For each hazardous chemical that you 

are required to report, you must: 

(1) Pure Chemical: Provide the chemical 

name (or the common name of the chemical) 

as provided on the Material Safety Data 

Sheet (MSDS) and provide the Chemical Abstract Service (CAS) registry number of the 

chemical provided on the MSDS. 

NOTE TO PARAGRAPH (S)(1): If you are withholding the name in accordance with trade 

secret criteria, you must provide the generic 

class or category that is structurally descriptive of the chemical and indicate that 

the name is withheld because of trade secrecy. Trade secret criteria are addressed in 

§370.64(a). 

(2) Indicate whether the chemical is a 

solid, liquid, or gas; and whether the chemical is an EHS. 

(3) Mixture: If you are reporting a mixture, 

enter the mixture name, product name or 

trade name as provided on the Material Safety Data Sheet (MSDS) and provide the 

Chemical Abstract Service (CAS) registry 

number of the mixture provided on the 

MSDS. If there is no CAS number provided 

or it is not known, check the box ‘‘Not Available.’’ 

(4) If the mixture you are reporting contains EHS(s), provide the name(s) of each 

EHS in the mixture. As provided in 

§370.14(a), you also have an option to report 

the non-EHS hazardous components in the 

mixture. 

(5) Pure Chemical or Mixture: Indicate 

which hazard categories apply to the chemical or the mixture. The five hazard categories are defined in §370.66. 

(6) Provide an estimate (in ranges) of the 

maximum amount of the hazardous chemical 

present at your facility on any single day 

during the preceding calendar year. If you 

are reporting a mixture, provide an estimate 

of the total amount of the mixture present 

at your facility on any single day during the 

preceding calendar year. If the mixture contains any EHS, provide the total amount of 

each EHS in that mixture. You must use the 

codes that correspond to different ranges. 

The amounts and associated range codes are 

in §370.43. 

(7) Provide an estimate (in ranges) of the 

average daily amount of the hazardous 

chemical present at your facility during the 

preceding calendar year. If you are reporting 

a mixture, provide an estimate of the average daily amount of the mixture. You must 

use the codes that correspond to different 

ranges. The amounts and associated range 

codes are in §370.43. 

(8) Provide the maximum number of days 

that the hazardous chemical or mixture was 

present at your facility during the preceding 

calendar year. 

(9) Provide the type of storage for the hazardous chemical or the mixture containing 

the hazardous chemical at your facility. Examples for types of storage: Above-ground 

tank, plastic or non-metallic drum, steel 

drum, cylinder, rail car, etc. 

(10) Provide the storage conditions for the 

hazardous chemical or the mixture containing the hazardous chemical at your facility. Examples for types of storage conditions: Ambient pressure, ambient temperature, less than ambient temperature/pressure, cryogenic conditions, etc. 

NOTE TO PARAGRAPHS (S)(9) AND (10): Your 

SERC or LEPC may have specific instructions for reporting types of storage and/or 

storage conditions. 

(11) Provide a brief description of the precise location(s) of the hazardous chemical(s) 

or the mixture(s) at your facility. You may 

also attach one of the following with your 

Tier II inventory form: 

(i) A site plan with site coordinates indicated for buildings, lots, areas, etc. throughout your facility. 

(ii) A list of site coordinate abbreviations that 

correspond to buildings, lots, areas, etc., 

throughout your facility. 

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

(12) Under EPCRA section 324, you may 

choose to withhold from disclosure to the 

public the location information for a specific 

chemical. If you choose to withhold the location information from disclosure to the public, you must clearly indicate that the information is ‘‘confidential.’’ You must provide 

the confidential location information on a 


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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 information 

on additional chemicals or if you wish to report any hazardous chemical below the reporting thresholds specified in §370.10, check 

the appropriate box. 

(t) An indication whether you are including any attachments (optional). 

§ 370.43 What codes are used to report 

Tier I and Tier II inventory information? 

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

you must use the following codes to report the maximum amount and average 

daily amount when reporting Tier I or 

Tier II information: 

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 as 

provided in paragraph (d) of this section, you must use the following codes 

to report storage conditions when you 

are reporting Tier II information: 

Codes Storage conditions 

Pressure conditions 

1 .................... Ambient pressure. 

2 .................... Greater than ambient pressure. 

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 provide 

other range codes for reporting maximum amounts and average daily 

amounts, or may require reporting of 

specific amounts. You may use your 

SERC’s or LEPC’s range codes (or specific amounts) provided the ranges are 

not broader than the ranges in paragraph (a) of this section. Your SERC or 

LEPC may also provide other codes for 

storage types or conditions. You may 

use those codes provided your SERC’s 

or LEPC’s storage types and conditions 

codes specify the same or more detailed information as the codes in paragraphs (b) and (c) of this section. 

EFFECTIVE DATE NOTE: 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: 


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

§ 370.43 What codes are used to report Tier I 

and Tier II inventory information? 

(a) Weight range codes. Except as provided 

in paragraph (b) of this section, you must 

use the following codes to report the maximum amount and average daily amount 

when reporting Tier I or Tier II inventory information: 

Range codes 

Weight range in pounds 

From To 

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

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

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

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

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

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

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

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

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

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

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

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

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

* Greater than 10 million 

NOTE TO PARAGRAPH (A): To convert gas or 

liquid volume to weight in pounds, multiply 

by an appropriate density factor. 

(b) Your SERC or LEPC may provide other 

range codes for reporting maximum amount 

and average daily amount, or may require 

reporting of specific amounts. You may use 

your SERC’s or LEPC’s range codes (or specific amounts) provided the ranges are not 

broader than the ranges in paragraph (a) of 

this section. 

§ 370.44 To whom must I submit the inventory information? 

You must submit the required inventory information to your SERC, LEPC, 

and fire department with jurisdiction 

over your facility. 

§ 370.45 When must I submit the inventory information? 

(a) You must submit the required inventory information on or before 

March 1 (beginning in 1988 or beginning 

after your facility first becomes subject to this part), and on or before by 

March 1 of each year afterwards. Your 

submission must contain the required 

inventory information on hazardous 

chemicals present at your facility during the preceding calendar year at or 

above the threshold levels. Threshold 

levels are in §370.10. The minimum required inventory information under 

EPCRA section 312 is Tier I information. Tier I information requirements 

are described in §370.41. 

(b) You must submit Tier II information within 30 days of the receipt of a 

request from the SERC, LEPC, or the 

fire department having jurisdiction 

over your facility, as provided in 

§370.10(b). Tier II information requirements are described in §370.42. 

Subpart D—Community Access to 

Information 

§ 370.60 How does a person obtain 

MSDS information about a specific 

facility? 

Any person may obtain an MSDS for 

a specific facility by writing to the 

LEPC and asking for it. 

(a) If the LEPC has the MSDS, it 

must provide it to the person making 

the request. 

(b) If the LEPC does not have the 

MSDS, it must request the MSDS from 

the facility’s owner or operator. 

§ 370.61 How does a person obtain inventory information about a specific facility? 

(a) Any person may request Tier II 

information for a specific facility by 

writing to the SERC or the LEPC and 

asking for such information. 

(1) If the SERC or LEPC has the Tier 

II information, the SERC or LEPC 

must provide it to the person making 

the request. 

(2) If the SERC or LEPC does not 

have the Tier II information, it must 

request it from the facility owner or 

operator in either of the following 

cases: 

(i) The person making the request is 

a State or local official acting in his or 

her official capacity. 

(ii) The request is for hazardous 

chemicals in amounts greater than 

10,000 pounds stored at the facility at 

any time during the previous calendar 

year. 

(3) If the SERC or LEPC does not 

have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met, but 

the person’s request includes a general 

statement of need. 

(b) A SERC or LEPC must respond to 

a request for Tier II information under 

this section within 45 days of receiving 

such a request. 


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Environmental Protection Agency § 370.66 

§ 370.62 What information may a State 

or local official request from a facility? 

The LEPC may ask a facility owner 

or operator to submit an MSDS for a 

hazardous chemical present at the facility. The SERC, LEPC, or fire department having jurisdiction over a facility may ask a facility owner or operator to submit Tier II information. The 

owner or operator must provide the 

MSDS (unless the owner or operator 

has already submitted an MSDS to the 

LEPC for that hazardous chemical) or 

Tier II information within 30 days of 

receipt of such request. 

§ 370.63 What responsibilities do the 

SERC and the LEPC have to make 

request information available? 

Under this subpart, the SERC or 

LEPC must make the following information (except for confidential location information discussed in 

§370.64(b)) available if a person requests 

it: 

(a) All information obtained from an 

owner or operator in response to a request under this subpart. 

(b) Any requested Tier II information 

or MSDS otherwise in possession of the 

SERC or the LEPC. 

§ 370.64 What information can I claim 

as trade secret or confidential? 

(a) Trade secrets. You may be able to 

withhold the name of a specific chemical when submitting MSDS reporting 

or inventory reporting information if 

that chemical name is claimed as a 

trade secret. The requirements for 

withholding trade secret information 

are set forth in EPCRA section 322 and 

implemented in 40 CFR part 350. If you 

are withholding the name of a specific 

chemical as a trade secret in accordance with trade secrecy requirements, 

you must report the generic class or 

category that is structurally descriptive of the chemical along with all 

other required information. You must 

also submit the withheld information 

to EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available 

at the Agency 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 choose 

to report confidential location information for a specific chemical on the 

Confidential Location Information 

Sheet, which must be attached to the 

other Tier II information you are reporting. Although you may request 

that location information with respect 

to a specific chemical be withheld from 

the public, you may not withhold this 

information from the SERC, the LEPC, 

or the local fire department. The Confidential Location Information Sheet is 

available on the Agency Web site at 

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

§ 370.65 Must I allow the local fire department to inspect my facility and 

must I provide specific location information about hazardous chemicals at my facility? 

If you are the owner or operator of a 

facility that has submitted inventory 

information under this part, you must 

comply with the following two requirements upon request by the fire department with jurisdiction over your facility: 

(a) You must allow the fire department to conduct an on-site inspection 

of your facility; and 

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

at your facility. 

§ 370.66 How are key words in this 

part defined? 

Chief Executive Officer of the Tribe 

means the person who is recognized by 

the Bureau of Indian Affairs as the 

chief elected administrative officer of 

the Tribe. 

Environment includes water, air, and 

land and the interrelationship that exists among and between water, air, and 

land and all living things. 

EPCRA means the Emergency Planning and Community Right-To-Know 

Act of 1986. 

Extremely hazardous substance (EHS) 

means a substance listed in appendices 

A and B of 40 CFR part 355. 


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

Facility means all buildings, equipment, structures, and other stationary 

items that are located on a single site 

or on contiguous or adjacent sites and 

that are owned or operated by the same 

person (or by any person that controls, 

is controlled by, or under common control with, such person). 

Facility includes manmade structures, as well as all natural structures 

in which chemicals are purposefully 

placed or removed through human 

means such that it functions as a containment structure for human use. 

Hazard category means any of the following: 

(1) Immediate (acute) health hazard, 

including highly toxic, toxic, irritant, 

sensitizer, corrosive, (as defined under 

29 CFR 1910.1200) and other hazardous 

chemicals that cause an adverse effect 

to a target organ and which effect usually occurs rapidly as a result of 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 effect 

to a target organ and which effect generally occurs as a result of long-term 

exposure and is of long duration; 

(3) Fire hazard, including flammable, 

combustible liquid, pyrophoric, and oxidizer (as defined under 29 CFR 

1910.1200); 

(4) Sudden release of pressure, including explosive and compressed gas (as 

defined under 29 CFR 1910.1200); and 

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

Hazardous chemical means any hazardous chemical as defined under 29 

CFR 1910.1200(c), except that such term 

does not include: 

(1) Any food, food additive, color additive, drug, or cosmetic regulated by 

the Food and Drug Administration. 

(2) Any substance present as a solid 

in any manufactured item to the extent exposure to the substance does not 

occur under normal conditions of use. 

(3) Any substance to the extent it is 

used: 

(i) For personal, family, or household 

purposes, or is present in the same 

form and concentration as a product 

packaged for distribution and use by 

the general public. Present in the same 

form and concentration as a product 

packaged for distribution and use by 

the general public means a substance 

packaged in a similar manner and 

present in the same concentration as 

the substance when packaged for use 

by the general public, whether or not it 

is intended for distribution to the general public or used for the same purpose as when it is packaged for use by 

the general public; 

(ii) In a research laboratory or a hospital or other medical facility under 

the direct supervision of a technically 

qualified individual; or 

(iii) In routine agricultural operations or is a fertilizer held for sale by 

a retailer to the ultimate customer. 

Indian Country means Indian country 

as defined in 18 U.S.C. 1151 as: 

(1) All land within the limits of any 

Indian reservation under the jurisdiction of the United States government, 

notwithstanding the issuance of any 

patent, and including rights-of-way 

running through the reservation; 

(2) All dependent Indian communities 

within the borders of the United States 

whether within the original or subsequently acquired territory thereof, and 

whether within or without the limits of 

a State; and 

(3) All Indian allotments, the Indian 

titles to which have not been extinguished, including rights-of-way running through the same. 

Indian Tribe or Tribe means those 

Tribes federally recognized by the Secretary of the Interior. 

Inventory form means the uniform 

Tier I and Tier II emergency and hazardous chemical inventory forms published by EPA. These forms can be used 

for reporting inventory information, as 

described in 40 CFR 370.40 through 

370.45. 

LEPC means the Local Emergency 

Planning Committee appointed by the 

State Emergency Response Commission. 

Material Safety Data Sheet or MSDS 

means the sheet required to be developed under 29 CFR 1910.1200(g). 

Mixture means mixture as defined 

under the Occupational Safety and 

Health Administration’s Hazard Communication Standard in 29 CFR 

1910.1200(c). 


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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 Indian 

Tribe, the Governor or the chief executive officer of the tribe, respectively, 

shall be the SERC. Where there is a cooperative agreement between a State 

and a Tribe, the SERC shall be the entity identified in the agreement. 

State means any State of the United 

States, the District of Columbia, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, the United States 

Virgin Islands, the Northern Mariana 

Islands, any other territory or possession over which the United States has 

jurisdiction and Indian Country. 

Threshold planning quantity (TPQ) 

means, for a substance listed in Appendices A and B of 40 CFR part 355, the 

quantity listed in the column ‘‘threshold planning quantity’’ for that substance. 

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. 

AUTHORITY: 42 U.S.C. 11023 and 11048. 

SOURCE: 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 inform 

the general public and the communities surrounding covered facilities 

about releases of toxic chemicals, to 

assist research, to aid in the development of regulations, guidelines, and 

standards, and for other purposes. This 

part also sets forth requirements for 

suppliers to notify persons to whom 

they distribute mixtures or trade name 

products containing toxic chemicals 

that they contain such chemicals. 

§ 372.3 Definitions. 

Terms defined in sections 313(b)(1)(c) 

and 329 of Title III and not explicitly 

defined herein are used with the meaning given in Title III. For the purpose 

of this part: 

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 


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