P.I 

\0\(lo)PTKAAO 

Thursday 

June 4, 198? 

Part EE 

Environmental 

Protection Agency 

40 CFR Part 372 

Toxic Chemical Release Reporting; 

Community Right-To-Know; Proposed 

Rule 
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21152 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[OPTS-400002, FRL-3183-91 

Toxic Chemical Release Reporting; 

Community Right-To-Know 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule publishes 

the uniform toxic chemical release 

reporting form as required by section 

313 of Title III of the Superfund 

Amendments and Reauthorization Act 

of 1986. Section 313 requires that owners 

and operators of certain facilities that 

manufacture, import, process, or 

otherwise use certain toxic chemicals 

report annually their releases of those 

chemicals to any environmental media. 

DATE: Written comments on this 

proposed rule should be submitted by 

August 3,1987. 

ADDRESS: Comments should bear the 

docket control number OPTS-400002 

and should be submitted to: TSCA 

Public Information Office (TS-793), 

Office of Toxic Substances, 

Environmental Protection Agency, Rm. 

NE-G004, 401 M St., SW., Washington, 

DC 20460. 

FOR FURTHER INFORMATION CONTACT: 

Edward A. Klein, Director, TSCA 

Assistance Office (TS-799), Office of 

Toxic Substances, Environmental 

Protection Agency, Rm. E-543, 401 M St., 

SW., Washington, DC 20460, (202-554-

1411). 

SUPPLEMENTARY INFORMATION: 

I. Authority 

The Agency is proposing this rule 

pursuant to sections 313 and 328 of Title 

III of the Superfund Amendments and 

Reauthorization Act of 1986, Pub. L. 99-

499. Title III is also cited as "The 

Emergency Planning and Community 

Right-To-Know Act of 1986." Section 313 

of Title III requires owners and 

operators of covered facilities to report 

annually their releases of listed toxic 

chemical substances. Section 313 also 

specifies that EPA must publish a 

uniform toxic chemical release form by 

June 1,1987. Section 328 provides EPA 

with the authority necessary to 

promulgate such regulations as may be 

necessary to carry out the purposes of 

Title III. 

II. Background 

A. Overview of Section 313 

On October 17,1986, the President 

signed into law the Superfund 

Amendments and Reauthorization Act 

of 1986 (SARA), Pub. L. 99-499. The 

major function of this legislation is to 

amend and reauthorize provisions of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (CERCLA). However, Title 

III of SARA is a free-standing statute 

(not part of CERCLA) that is itself titled 

"The Emergency Planning and 

Community Right-To-Know Act of 1986." 

In general, Title III contains authorities 

relating to emergency planning, 

emergency notification, community 

right-to.-know on chemicals, and a toxic 

chemical release inventory. 

The focus of this proposed rule is the 

toxic chemical release inventory 

provision contained in section 313 of 

Title III. Section 313 requires owners 

and operators of certain facilities that 

manufacture, process, or otherwise use a 

listed chemical to report annually their 

releases of such chemicals to the 

environment. The reports are to be sent 

to both EPA and the State in which the 

facility is located. The basic purpose of 

this provision is to make available to the 

public information about total annual 

releases of toxic chemicals from 

manufacturing facilities in their 

community. 

For emissions reporting purposes, 

section 313(c) mandates an initial list of 

"Toxic Chemicals Covered" that is 

composed of 329 entries, including 20 

categories of chemicals. This list is a 

combination of lists of chemicals used 

by the States of Maryland and New 

Jersey for emissions reporting under 

their individual right-to-know laws. 

Section 313 (d) and (e) authorize the 

Administrator to modify by rulemaking 

the list of "toxic chemicals covered" 

either as a result of EPA's self-initiated 

review or in response to petitions. For 

more information on EPA's policy and 

guidance with respect to such petitions 

see the notice published in the Federal 

Register of February 4,1987 (52 FR 3479). 

Section 313(g) specifically requires 

EPA to publish a uniform toxic chemical 

release reporting form by June 1,1987. If 

such a form is not published, then 

owners and operators must report by -

letter and include the specific 

information identified in section 313(g). 

As part of the community right-toknow emphasis of Title III, section 313 

requires EPA to make the emissionsrelated information available to the 

public. In particular, section 313(i) 

requires EPA to develop a computer 

data base containing this toxic chemical 

release information and to make it 

accessible by telecommunications on a 

cost reimbursable basis. 

Covered facilities are also required to 

submit a copy of the Section 313 report 

to the State. Some States may choose to 

have their State Emergency Response 

Commission (as established under 

section 301 of Title III) be the focal point 

for receipt and management of these 

reports. Under Title III these 

Commissions are designated as 

recipients of reports and notifications 

required by sections 302, 304, 311 and 

312. However, section 313 does not 

designate any specific agency as the 

recipient of the reports submitted to the 

States. Therefore, some States may 

choose to direct such reporting to their 

environmental or public health 

departments. Whatever the decision, 

States also have a responsibility under 

Title III to make this information 

available to the public. 

Section 313(h) states that the toxic 

chemical release information reported to 

EPA and the States is intended to 

provide information to Federal, State, 

and local governments and the public, 

including citizens of communities 

surrounding covered facilities. To the 

extent consistent with trade secret 

considerations in section 322, the 

information reported is intended to 

inform persons about releases of toxic 

chemicals to the environment. The ' 

information is also intended to assist 

government agencies, researchers, and 

other persons in the conduct of research 

and data gathering; to aid in the 

development of regulations, guidelines, 

and standards: and for other similar 

purposes. 

B. Summary of Public Participation 

EPA held pre-proposal public 

meetings on January 8 and 9,1987 to 

discuss the section 313 reporting form 

and related reporting requirements. Prior 

to these meetings, EPA made materials 

available to the public which included a 

draft form with instructions, a draft 

paper that discussed form-related 

issues, a paper describing an exercise 

conducted by EPA staff to test various 

potential versions of a reporting form, 

and a copy of section 313. 

More than 100 persons, representing a 

wide range of interests, attended the 2 

days of public meetings. The discussion 

at the meetings focused on the potential 

reporting elements that the form could 

contain and the associated reporting 

issues. Comments received during these 

meetings proved valuable in shaping the 

proposed requirements depicted in this 

proposed rule. The docket for this 

rulemaking contains comments received 

at these meetings as well as written 

comments received at, and subsequent 

to, the public meetings. 

In addition to the public meetings 

described above, EPA staff have met, 
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upon request, with representatives of 

companies and trade associations likely 

to be affected by the rule, with 

representatives of public interest groups, 

and with State government 

representatives. Summaries of such 

meetings are also available for review in 

the public docket. 

III. Chemicals Covered by the Proposed 

Rule 

A. The Mandated List of Chemicals 

Section 313(c) of Title III states that 

the toxic chemicals subject to the 

requirements of the section are those 

chemicals on the list in Senate 

Environment and Public Works 

Committee Print No. 99-169, including 

any revisions to this list made by EPA. 

The list in the above-referenced 

Committee Print contains 309 entries, 

with associated Chemical Abstracts 

Service (CAS) registry numbers, plus 20 

additional category entries (without 

specific CAS numbers). 

Subpart C of this proposed rule 

contains those chemicals and categories. 

Specifically, § 372.45 of Subpart C 

contains the chemicals and categories 

organized in several different ways. The 

entries that have CAS numbers are 

listed twice. One list is in alphabetical 

order and the second list is in CAS 

number order. These chemical entries 

are presented in this manner so that 

persons who must refer to the list may 

more easily locate a chemical they 

manufacture, process or otherwise use. 

A third list contains the chemical 

categories, which are arranged in 

alphabetical order. 

The effective date column in the 

listings refers to the beginning calendar 

year for which release data are to be 

reported. This proposed rule contains 

the initial listing of the chemicals. 

Therefore, all chemicals have an 

effective date of January 1,1987. If EPA 

adds a chemical to the list, the effective 

date column will contain a date 

corresponding to the first calendar year 

for which release data are to be 

reported, in accordance with section 

313(d)(4) of Title III. 

B. Proposed Technical Modifications to 

the List 

EPA is proposing to incorporate 

certain technical modifications and 

clarifications to the list of chemicals and 

chemical categories. 

1. Duplicative Listings Relating to 

Compounds. Upon reviewing the 

Committee Print, EPA noted that certain 

of the listed chemical categories appear 

to be duplicated in the CAS number 

specific list. For example, "Copper and 

compounds" appears with the CAS 

number 7440-50-8 and "Copper 

compounds" also appears as a chemical 

category listing. The reason for the 

apparent duplication is that the 

Committee Print listed the parent metal, 

copper, with its attendant CAS number. 

This same pattern holds true for the 

other metal and metal compound 

listings. Therefore, EPA is proposing a 

technical modification to that part of the 

chemical listing containing CAS 

numbers. This change removes the "and 

compounds" phrase designations where 

the CAS number actually refers to a 

specific parent metal or other specific 

category member. 

2. Basic definitions for the listed 

chemical categories. The 20 chemical 

categories mandated for inclusion by the 

Committee Print cover a wide range of 

metal-containing compounds as well as 

certain organic compounds. EPA has 

developed brief, proposed definitions for 

each category. These definitions appear 

after the listed category name in 

proposed § 372.45(c). They are included 

in the regulation to help clarify the basic 

scope of each category for reporting 

purposes. 

3. Reporting listed trade name 

chemicals. Certain of the entries on the 

Committee Print are product trade 

names, not chemical names. For 

example, the entry Parathion is a trade 

name. The chemical name with the 

corresponding CAS registry number is 

Phosphorothioic acid, 0,0-diethyl-o-(4-

nitrophenyl) ester. EPA has received 

comment stating that a company that 

makes a section 313 chemical, but sells 

it under a different trade name, should 

not be required to report the chemical 

using its competitor's trade name. The 

commenter stated that there may even 

be legal constraints to such reporting. 

EPA agrees with this comment. As a 

result EPA is proposing to replace trade 

name entries with the CAS prefered 

chemical name. The proposed list in 

§ 372.45 contains the trade name as 

present in the Committee Print followed 

in solid brackets by the CAS prefered 

chemical name. EPA proposes that this 

CAS prefered chemical name be 

reported rather than the trade name. 

4. Clarification of certain qualifiers 

that appear next to chemical names. 

Certain of the chemicals listed in the 

Committee Print have parenthetic 

qualifiers listed next to them. 

Commenters requested that EPA provide 

some clarification or interpretation of 

these qualifiers. 

Three of the metals on the list 

(aluminum, vanadium, and zinc) contain 

the qualifier "fume or dust". EPA 

interprets this qualifier to mean that a 

facility is manufacturing, processing, or 

using the metal in the physical form of 

fume or dust. As explained in Unit IV.C. 

the proposed definition of the term 

manufacture includes the generation of 

a chemical as a byproduct or impurity. 

In such cases, a facility should 

determine if, for example, it generated 

more than the 1987 threshold of 75,000 

pounds per year of aluminum fume or 

dust as a byproduct of its activities. If so 

then the facility must report. Similarly 

there may be certain technologies in 

which one of these metals are processed 

in the form of a fume or dust in order to 

make other chemicals or other products 

for distribution in commerce. Again, if 

more than the applicable threshold 

quantity is processed in a year, this 

triggers reporting. 

Two of the chemicals entries contain 

a qualifier relating to manufacture. For 

isopropyl alcohol the qualifier reads 

"mfg. — strong acid process." For 

saccharin the qualifier simply reads 

"manufacturing." In the case of 

isopropyl alcohol, EPA proposes to 

interpret the qualifier to mean that only 

persons who manufacturer isopropyl 

alcohol by the strong acid process 

would be required to report. In the case 

of saccharin, only manufactures of 

saccharin would be required to report. A 

facility that processes or otherwise uses 

either chemical would not be required to 

report for those chemicals. 

Four substances on the list are 

qualified by the term "solution." These 

substances are ammonium nitrate, 

ammonium sulfate, sodium hydroxide, 

and sodium sulfate. EPA interprets the 

term "solution" to refer to the physical 

state of these chemicals. Only facirrties 

that manufacture, process, or use these 

chemicals in the form of a solution 

would be required to report these 

chemicals. 

The listing for phosphorus is qualified 

by the term "yellow or white." This 

refers to a chemical state of phosphorus 

meaning that only manufacturing, 

processing, or use of phosphorus in the 

yellow or white states would trigger 

reporting. Conversely, manufacturing, 

processing, or use of "black" or "red" 

phosphorus would not trigger reporting. 

The listing for asbestos is qualified by 

the term "friable." This term refers to a 

physical characteristic of asbestos. The 

EPA interprets "friable" as being 

crumbled, pulverized, or reducable to a 

powder with hand pressure. Again, only 

manufacturing, processing, or use of 

asbestos in the friable form would 

trigger reporting. 

C. Authority and Mechanisms for 

Changing the List 

Section 313(d) provides EPA the 

authority to revise the list of chemicals. 
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21154 Federal Register / Vol 52. No. 107 / Thursday, June 4, 1987 / Proposed Rules 

Such revisions must be made through. - -

notice and comment rulemaking 

procedures. A chemical may be added 

to the list if EPA determines that there is 

sufficient evidence that the chemical 

meets any one of several human health 

or environmental effects criteria, as 

outlined in section 313(d)(2). A chemical 

may be deleted from the list if EPA 

determines that there is not sufficient 

evidence to establish that the chemical 

meets any of the criteria. 

Proposals to add or delete chemicals 

can arise from two basic activities: 

either by EPA's own review of 

chemicals, or through consideration of 

public petitions authorized under 

section 313(e). For a detailed discussion 

of the petitions process and the criteria 

mentioned above, refer to EPA's section 

313 petitions policy notice published in 

the Federal Register of February 4,1987 

(52 FR 3479). 

IV. Who Must Report 

Section 313(b) provides that owners 

and operators of covered facilities are 

subject to the reporting requirements 

contained in section 313(a). If a facility 

is owned by one person but operated by 

another then either person may report. 

However, if a report is not submitted for 

a covered facility, EPA would hold both 

persons liable for any applicable 

penalties under section 325 of Title III. 

Section 329(4) of Title III defines the 

term "facility" as all buildings, 

equipment, structures, and other 

stationary items which are located on a 

single site or on contiguous or adjacent 

sites and which are owned or operated 

by thftsame person (or by any person 

who controls, is controlled by, or under 

common control with, such person). 

Therefore, a facility is a broad 

concept and may include the-activities 

of more than one manufacturing.plant' 

site. One commenter stated that the 

physical boundaries of their facility 

would encompass five plant sites. These 

sites are, for all practical purposes, 

separate business units that may or may 

not make, process, or use the same 

chemicals. The commenter explained 

that it would be difficult to develop a 

single "facility" report for the purposes 

of this proposed rule. One option EPA is 

considering is to allow reporting by such 

separate plants rather than requiring 

one report that would aggregate the 

emissions of the same chemical from all 

plants within a facility. The major 

disadvantage of this plant-specific 

approach is that the Agency may lose 

emissions data otherwise captured by 

the broader approach. For example, 

several of the sites may process the 

same listed toxic chemical but none of 

them individually may meet the 

threshold for reporting that chemical. 

Under the aggregate facility approach, 

the total amount processed by all such 

sites might exceed the threshold, thus 

triggering a report. There is also the 

basic difficulty- of consistently defining 

the subunits for reporting. EPA is 

requesting comment on how common 

such multiple plant site situations are 

within the manufacturing industry and 

how EPA may most reasonably deal 

with this plant site versus facility 

reporting issue. 

A. Covered Facilities 

Section 313(b) further specifies that a 

facility is covered for purposes of 

reporting if it meets all of the following 

criteria: 

The facility has 10 or more full-time 

employees. 

The facility is in Standard Industrial 

Classification (SIC) codes 20 through 39 

(as in effect on July 1,1985). 

The facility manufactured (including 

quantities imported), processed, or 

otherwise used a listed chemical in 

amounts that exceed certain threshold 

quantities (see Unit V.A. below) during 

the calendar year for which reporting is 

required. 

The statute targets facilities in the 

manufacturing sector of the economy by 

designating SIC codes 20 through 39. In 

brief, a facility is considered to be 

covered under the SIC code criteria if its 

primary SIC code is within the 20 

through 39 designations. A primary SIC 

code is generally considered to be the 

code related to the types of products 

distributed from that facility that have 

the highest dollar value added. 

In addition, a facility that may not 

consider its primary SIC code to be in 

the 20 through 39 range. It may, 

however, engage in 1 or more activities 

in the SIC code 20 through 39 range, thus 

meetingthe SIC code criteria for the 

purposes of this proposed rule. For 

example, a large facility may consider • 

its primary SIC code to be 13, relating to 

oil and gas extraction. However, within 

that facility there may be specific sites 

or other definable units engaged in 

production of chemicals (SIC 28) or 

refining of petroleum products (SIC 29). 

EPA believes that it is important to 

cover these situations where significant 

emissions of chemicals might occur but 

would not otherwise be reported. This 

interpretation is also consistent with the 

Occupational Safety and Health 

Administration's (OSHA) intepretation 

of facilities subject to the Hazard 

Communication Standards. 

At the time the legislation was 

drafted, the most current revision of the 

SIC code manual was actually 1972 with 

a supplement published in 1977. EPA 

interprets the parenthetical reference in 

the statute to July 1,1985 to mean the 

most recent update of the SIC code 

system. EPA does not believe that 

Congress intended the facility SIC code 

designations to be frozen in time. The . 

Office of Management and Budget 

(OMB) has updated the SIC code system 

effective January 1,1987. Therefore, EPA 

proposes to use this most current update 

of the SIC code system and any 

subsequent revisions as the basis for 

facilities to determine whether they may 

be subject to reporting. EPA expects that 

these basic manufacturing designations 

will remain relatively stable over time. 

For example, in the 1987 revision there 

are no basic additions, deletions, or 

movements of facility types in the 20 

through 39 code part (Part D— 

Manufacturing) as compared with the 

preceeding edition of the SIC Code 

Manual. 

OMB published its final notice of 

decisions regarding the SIC code manual 

update in the Federal Register of . 

October 1,1986 (51 FR 35170). Refer to 

that notice for relevant modifications in 

SIC codes 20 through 39. Also see the 

Instructions for EPA Form R for 

information on how to obtain a copy of 

the updated SIC code manual, or check 

with a local library. If a person engaged 

in manufacturing activities is not 

already familiar with the facility's 

primary SIC code then he can contact 

his trade association, legal counsel, or 

the Chamber of Commerce for 

assistance. 

B. Modifying the Requirements for 

Facilities Covered 

This proposed rule contains the SIC 

code designations as present in the 

statute. However, section 313(b)(1)(B) of 

the statute allows EPA to modify the 

requirements for facilities covered by 

adding or deleting SIC codes, but only to 

the extent necessary to carry out the' 

purposes of section 313. Also, EPA may, 

at its own discretion, or at the request of 

a state governor, apply the reporting 

provisions of section 313 to specific 

facilities not covered by the SIC codes 

(or other facility criteria) in accordance 

with the criteria set forth in section 

313(b)(2). 

EPA is not proposing at this time to 

add or delete SIC codes or make any 

individual facility designations. The 

Agency has received comments 

suggesting that certain facilities in 

segments of the economy other than 

those covered by SIC codes 20 through 

39 may release significant quantities of 

toxic chemicals covered by this 

proposed rule. Examples given are 

warehouses or other storage facilities, 
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wholesale distributors of chemicals 

(where processing activities such as 

repackaging may occur), commercial 

waste treatment facilities, and some 

types of Federal facilities. EPA is 

seeking further comment on the issue of 

modifying the SIC code coverage. 

Commenters should state specifically 

the segment of the industry they believe 

should be covered or deleted, the 

specific SIC code designation(s), and 

how the inclusion or deletion of such 

facilities is consistent with the basic 

objectives of the statute. 

C. Applicability Based on Manufacture, 

Process, or Use 

A person that determines that the 

facility meets the employment and SIC 

code standards for being a covered 

facility must then determine if the 

facility manufactures, processes, or 

otherwise uses a listed toxic chemical in 

excess of certain annual threshold 

quantities (see Unit V for these 

threshold values). Section 313(b)(1)(C) 

contains definitions for the terms 

"manufacture" and "process." 

1. Manufacture. As defined by the 

statute, the term "manufacture" means 

to produce, prepare, import, or 

compound a toxic chemical. 

It is important to note that the term 

manufacture includes importation. 

Commenters requested clarification as 

to whether all importers of listed toxic 

chemicals are subject to reporting. 

Inclusion of the term import in the 

manufacture definition equates the 

action of importing with that of 

producing the same chemical. It does not 

directly define a "person" subject to 

reporting. The determining factor is 

whether the facility receiving the 

imported chemical falls within the SIC 

code 20 through 39 range. For example, a 

company that is primarily an import 

agent may not be subject because its 

facility may not be classified in the 

covered SIC codes. On the other hand, a 

chemical manufacturing facility that 

orders and receives a chemical 

substance from a foreign supplier (either 

directly or through an agent) would most 

likely be subject to reporting. 

EPA wishes to clarify another point 

relating to quantities imported and the 

threshold determinations. If a facility 

both makes and imports the same 

covered chemical in the same year, then 

the facility would add those quantities 

together when making the 

manufacturing threshold determination. 

EPA is proposing to further interpret 

the statutory definition of 

"manufacture" to include coincidental 

production of a toxic chemical (e.g., as a 

byproduct or impurity) resulting from 

the manufacture, processing, use or 

disposal of other chemical substances. 

EPA believes that significant quantities 

of listed toxic chemicals can be 

produced as byproducts or impurities. If 

that chemical is produced coincidentally 

in quantities that exceed the specified 

thresholds under section 313, then it is 

important to account for releases of that 

toxic chemical to the environment in the 

same way as a person would account 

for the releases associated with 

producing that chemical as a 

commercial end product. 

2. Process. As defined by the statute, 

the term "process" means the 

preparation of a toxic chemical after its 

manufacture for distribution in 

commerce—(a) in the same form or 

physical state as, or in a different form 

or physical state from, that in which it is 

received by the person so preparing 

such substance, or (b) as part of an 

article containing the toxic chemical. 

In general, processing includes making 

mixtures, repackaging, or use of a 

chemical as a feedstock, raw material, 

or starting material for making another 

chemical. Processing also includes 

incorporating a chemical into an article. 

EPA also interprets the term 

"process" to apply to the processing of a 

toxic chemical that is a component of a 

mixture or other trade name product. 

This would include processing of a toxic 

chemical that is an impurity in such 

product. That is, if a person is 

processing a chemical or mixture that 

contains an impurity, then the person is 

processing that impurity. 

3. Otherwise used. The statute does 

not define the term "otherwise used" 

and no guidance with respect to this 

term is provided in the legislative 

history. EPA proposes to define 

"otherwise used" as any use of a toxic 

chemical at a covered facility that is not 

an action covered by the terms 

"manufacture" or "process," and 

includes use of a toxic chemical 

contained in a mixture or trade name 

product. For example, a chemical would 

be otherwise used if it is used as a 

solvent to aid a chemical process but 

does not intentionally become part of 

the product distributed in commerce. 

Another example would be a chemical 

used as an aid in manufacturing such as 

a lubricant or metalworking fluid. Such 

uses do not fall within the definitions of 

manufacture or process. 

EPA believes that it is necessary to 

define the term "otherwise used" to 

make a distinction between processing 

and other uses, primarily as they relate 

to the threshold values discussed in Unit 

V. In particular, a facility that processes 

a chemical has a higher threshold 

assigned to it by the statute than a 

facility that uses (i.e., otherwise uses) 

that chemical. For example,, a facility 

that incorporates toluene into a mixture 

for distribution in commerce is 

processing that chemical. Provided the 

facility meets the SIC code and 

employment triggers above, the facility 

must report if it processes more than 

75,00a pounds of toluene in 1987. A 

facility that "otherwise uses" toluene, 

for example to clean equipment, is not 

processing toluene. Therefore the 

threshold is use of more than 10,000 

pounds per year of toluene. EPA 

requests comment on the proposed 

definition of "otherwise used" and its 

application in the proposed rule. 

EPA also interprets the terms 

"otherwise use" or "otherwise used" to 

include use of a toxic chemical that is a 

component of a mixture or other trade 

name product. That is, if a facility is 

using such product it is thereby using 

the toxic chemical. 

4. Determining applicability when 

mixtures or trade name products are of 

undetermined composition. Commenters 

pointed out to the Agency that 

importers, users, and processors of 

mixtures and trade name products may 

not know that they are subject to 

reporting because the composition of 

such products may not be readily 

apparent. EPA has developed a support 

document titled "Toxic Chemical 

Release Inventory—Glossary of 

Synonyms." This document is designed 

to aid respondents in identifying the fact 

that they may be making, processing, or 

using a listed toxic chemical. 

However, the Agency realizes that the 

composition of many mixtures or trade 

name products may be considered trade 

secret by the manufacturer or supplier of 

those products. Thus the identity of 

chemicals subject to section 313 

reporting may not, for example, be 

entered on the Material Safety Data 

Sheet (MSDS) for that product. 

Section 313(g)(1)(C) states that a 

person must report the information 

required for those toxic chemicals 

"known to be present at the facility." In 

those cases involving importation, use, 

or processing of products of 

undetermined composition, EPA 

believes that a facility must take 

reasonable steps to identify any 

reportable chemicals in those products. 

a. Guidance to importers, users, and 

processors. EPA offers the following 

guidance for making such a reasonable 

determination relating to mixtures and 

trade name products of unknown 

composition. In this discussion the term 

user applies to importers, users, and 

processors of the product in question. 

The term supplier is used to indicate the 
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21156 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

manufacturer or processor who 

distributed the product in commerce. 

Users meeting the SIC code and 

employment triggers should survey their 

facilities for mixtures or trade name 

products that they either use in excess 

of 10,000 pounds per year or import or 

process in excess of 75,000 pounds per 

year {the 1987 processing threshold). 

Contact the supplier of the product 

and ask if the product contains a 

chemical or chemical category members 

listed for reporting under section 313. If 

the supplier is unaware of the reporting 

requirements, provide the supplier the 

citation to this Federal Register 

document and follow up on the contact. 

If the supplier confirms that the 

product contains no section 313 listed 

chemical or category member, then the 

user has no further reporting 

responsibility with respect to that 

particular product. 

If the supplier of the product refuses 

to answer the question on grounds of 

trade secret protection, the user could 

offer to enter into a confidentiality 

agreement with the supplier. If this 

approach is unsuccessful, EPA would 

consider that the user has reached the 

limit of his or her ability to reasonably 

determine the presence of a listed 

chemical in that product. The user 

should, however, document his or her 

attempts to make this determination. 

If the supplier of the product confirms 

that the product contains a listed section 

313 chemical, the user should request 

the specific identity of the listed 

chemical and the percent by weight of 

that chemical in the product. Should the 

supplier refuse to provide this specific 

identity, the user should ask for the 

generic classification name that the 

regulation assigns to that chemical (see 

proposed § 372.42 for this list of generic 

classifications to be used when a 

respondent claims specific chemical 

identity as trade secret). Disclosing this 

generic identity to the user would give 

the user enough information to make a 

minimal report. Also, it would give the 

Agency and the public at least an 

indication that the user may be emitting 

one or more listed toxic chemicals as a 

result of the facility's use, importation, 

or processing of a mixture or other trade 

name product. 

If the supplier provides the percentage 

by weight information requested, the 

user should first determine whether the 

quantity of the chemical meets the 

threshold for reporting that particular 

listed chemical (i.e., multiply that 

percentage by the total annual pounds 

of the product used). If an applicable 

threshold is exceeded, that percentage 

• figure would be further applied for 

purposes of calculating emissions of the 

listed chemical. 

If the supplier does not or will not 

provide the percentage composition 

information, EPA would consider that 

the user still has a limited responsibility 

to report. EPA is proposing that in such 

cases where a product is known to 

contain a listed toxic chemical but the 

specific composition cannot be 

determined, the statutory thresholds for 

reporting would apply to such mixture 

or trade name product as a whole. Such 

product is known to contain a listed 

toxic chemical. Therefore, EPA proposes 

to err on the side of caution because, 

under a worst-case assumption, it is 

possible that the product is 100 percent 

listed toxic chemical. 

However, because of the lack of 

composition information, EPA considers 

that a user would not be able to 

reasonably estimate the emissions of the 

toxic chemical in question. Therefore, in 

such cases the user would only be 

responsible for completing sections of 

the form that deal with facility 

identification, chemical identification, 

and use of the chemical at the facility 

(sections I through V of the reporting 

form). No on-site quantity information, 

release data, or treatment-related 

information would be required because 

the reporter would not have the 

information to complete those sections 

of the formi EPA believes that both 

government authorities and the public 

would still benefit from knowing that 

products containing reportable toxic 

chemicals are being imported, used, or 

processed at certain locations even if 

the emissions of such chemicals are not 

quantified. 

If the user is only able to determine 

that the product contains some 

unspecified listed chemical, the user 

would fill in the product name in the 

space provided on the form for chemical 

identity. The Instructions for the form 

provide a flow chart for determining the 

information related to mixture and trade 

name products that would be reported. 

b. Guidance to producers of mixtures 

and trade name products containing 

listed toxic chemicals. It is obvious from 

the above discussion that importers, 

users, and processors of mixtures or 

trade name products may have to do a 

considerable amount of work to 

determine if and what they must report 

under section 313. As a means of 

reducing this burden, EPA strongly urges 

manufacturers or processors who 

incorporate listed toxic chemicals into 

mixtures or trade name products to take 

the initiative to inform their customers 

of the presence of section 313 chemicals 

in those products. Such producers 

should provide information sufficient for 

their customers to meet their 

responsibilites under the statute. EPA 

believes that the presence of one or 

more of the section 313 toxic chemicals 

in a product should be information 

incorporated into the MSDS for that 

product. Such information should 

include the percent composition of the 

toxic chemicals in the product. 

If the producer considers that the . 

specific chemical identity information is 

worthy of trade secret protection, then 

the producer should provide customers 

with enough information for those 

customers to meet their minimum 

reporting requirement. As discussed 

above, producers and customers could 

enter into confidentiality agreements. 

Alternatively, the producer could 

provide the customer with the generic 

classification identity of the toxic 

chemical that the producer would enter 

on its own report to EPA and the State 

under section 313. Because the specific 

chemical identity would be masked, 

providing the percentage composition 

information to the customer should not, 

in the Agency's opinion, jeopardize the 

confidential nature of the formulation. 

c. Alternatives for developing 

information about mixtures and trade 

name products. EPA is considering other 

means for providing users and 

processors of mixtures or trade name 

products with information sufficient to 

comply with the law. 

One option would be to use the 

general rulemaking authority of section 

328 of Title III to require producers of 

trade name products to notify 

customers. Manufacturers, importers, or 

processors of a listed substance would 

be required to notify their customers 

(who order 10,000 lbs or more of the 

product per year) that they are using a 

product containing a section 313 listed 

chemical and that they may be subject 

to emissions reporting. This would at a 

minimum increase the awarenesss of the 

user community regarding its potential 

reporting responsibility. 

A second option would be to require 

these same manufacturers, importers, 

and processors to report to EPA the 

trade name of the products they 

distribute in commerce that contain a 

section 313 chemical and the percentage 

by weight of the chemical in that 

product. Chemical identity could be 

claimed trade secret. EPA would then, 

publish a comprehensive list of trade 

name products containing listed 

chemicals. The list would contain either 

the specific identity or the 

corresponding generic classification 

name along with the percent by weight 

information. 
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A third option would be to require 

producers to report to EPA the names 

and addresses of customers that 

purchase more than the quantity of a 

product that would potentially put that 

customer over the threshold for use of 

the specific toxic chemical contained in 

that product. For example, if a product 

contains 50 percent by weight of a toxic 

chemical, then the producer would 

report to EPA the names and addresses 

of those customers who purchase in 

excess of 20,000 pounds of the product 

in a calendar year. 

EPA requests comment on the issue of 

reporting mixtures and trade name 

products containing listed toxic 

chemicals and options for providing 

importers, users, and processors of such 

products with the information they need 

for purposes of compliance. 

V. General Reporting Requirements 

A. Threshold Amounts for Reporting 

Section 313(f) establishes thresholds 

for purposes of reporting toxic 

chemicals. These threshold amounts 

further define which owners or 

operators of covered facilities must 

submit toxic chemical release forms to 

EPA and the States. These statutory 

criteria are reflected in proposed 

§ 372.12. 

1. For a listed toxic chemical that is 

manufactured (including imported] or 

processed. Facilities that manufacture, 

or process a listed chemical must report 

if they manufactured (including 

quantities imported) or processed 

amounts in excess of the following 

thresholds for the calendar years: 

1987—75,000 pounds per year. 

1988—50,000 pounds per year. 

1989 and thereafter—25,000 pounds per 

year. 

2. For a listed toxic chemical 

"otherwise used."The threshold amount 

for a use other than manufacturing, 

importing, or processing of a listed toxic 

chemical is 10,000 pounds per year. A 

report must be submitted if a facility 

"otherwise used" the chemical in excess 

of this amount during a calendar year 

for which reporting is required. 

Owners or operators of facilities that 

exceed any of the above thresholds are 

subject to the reporting requirements 

and must report all emissions of that 

chemical from the facility. For example, 

a company might manufacture 20,000 

pounds of a listed toxic chemical and 

use 15,000 pounds of that production 

during a calendar year. The facility 

would report because it exceeded the 

use threshold quantity. The facility 

would then be responsible for reporting 

emissions of the chemical from the 

manufacturing activity as well as the 

use activity, even though the 

manufacturing activity itself did not 

trigger reporting. 

3. Figuring thresholds in connection 

with the listed categories. Companies 

that manufacture, process, or otherwise 

use one or more chemicals that would 

be covered by a category listing (e.g., the 

company makes several coppercontaining compounds) would count the 

total pounds of all such compounds in 

the category for purposes of making the 

threshold determination. 

4. Figuring threshold when a toxic 

chemical is a mixture component. If a 

toxic chemical is a component of a. . 

mixture then the threshold would be 

determined by multiplying .the mass 

percent of the chemical in the mixture 

times the total annual quantity of the 

mixture that is used or processed. One 

commenter asked whether EPA would 

apply some de minimis cut-off for this 

percentage in a mixture. Another 

commenter suggested a 1 percent cut-off, 

citing the 1 percent cut-off in EPA's 

interim final rule for implementing 

section 302 of Title III (51 FR 41570). 

EPA is not proposing any'de minimis 

cut-off as part of the threshold 

determination provisions of this 

proposed rule. EPA believes that if a 

facility can determine that it exceeds the 

appropriate poundage thresholds for a 

particular chemical it must report, 

regardless of the mass percent value of 

that toxic chemical in the mixture. For 

example, a company uses 2,200,000 

pounds of a mixture in a year. A 

chemical is known to constitute one-half 

percent by weight of that mixture. The 

company has therefore used 11,000 

pounds of the toxic chemical and would 

thus be subject to reporting. 

5. Figuring thresholds when a toxic 

chemical is recycled or reused at the 

facility. Commenters pointed out that 

certain chemicals may be recycled or 

otherwise reused in processes within the 

facility. For example, the company uses 

and recycles 15,000 pounds of a solvent 

in a process. However, during any given 

year they may only purchase 2,000 

pounds of the solvent to replace 

quantities lost or amounts of spent 

solvent removed from the facility. On an 

annual, "consumptive" basis one could 

argue that they have not exceeded the 

use threshold. Commenters questioned 

how they should determine whether 

they exceed the annual threshold 

quantities in such cases. EPA proposes 

that the quantity that must be figured is 

the combination of the amount of the 

chemical in the recycle or reuse activity 

at the beginning of the reporting period 

plus any additional quantity of the same 

chemical brought on site during the year. 

6. EPA's authority to modify 

thresholds. Section 313(f)(2) states that 

EPA may establish a different threshold 

amount for a toxic chemical. However, 

under the statute any revised threshold 

must obtain reporting on a substantial 

majority of total releases of the chemical 

at all facilities subject to reporting. In 

addition, EPA has some further 

discretion under this paragraph to 

establish different threshold amounts 

based on classes of chemicals or 

categories of facilities. For example, the 

Agency could apply a different 

threshold for reporting to the class of 

metal compounds. A threshold change 

based on a category of facilities could 

include facilities in certain SIC codes; 

facilities with a different number of fulltime employees than is specified by the 

statute; or facilities with air or water 

releases above certain thresholds (e.g., 

major water dischargers or those subject 

to an air permit). 

EPA is requesting comment on the 

issue of whether it should or should not 

establish modified thresholds. The 

Agency is interested in data that would 

support the necessary finding that a 

modified threshold would still generate 

reporting on a substantial majority of 

total releases, as the statute requires. 

For example, the Small Business 

Administration (SBA) has suggested that 

the thresholds be modified to capture 

only larger facilities (e.g., facilities with 

more than 50 employees). SBA believes, 

based on recent EPA studies conducted 

or underway in four regions (i.e., Santa 

Clara Valley, Philadelphia, Baltimore, 

and Kanawa Valley), that releases from 

small facilities represent a small percent 

of aggregate emissions and health risks. 

Consequently, this approach could 

potentially capture the substantial 

majority of total releases and provide 

several benefits. SBA believes that this 

approach could allow EPA, States, and 

the facilities to concentrate resources on 

estimating releases of concern, reduce 

implementation problems, and provide 

more time for EPA to develop a quality 

data base and refine its guidance for 

small business. Under SBA's approach, 

EPA, after a review of the first year or 

two of data, could then decide whether 

the thresholds need to be modified and 

whether additional simplified guidance 

for smaller facility reporting is 

warranted. As an alternative to 

exempting small firms from reporting in 

the first two years, SBA recommends 

that EPA consider the option of 

requiring small firms to report only the 

production/use figures and to indicate 

whether there are releases (above de 

minimis levels) to air, land, and water. 
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21158 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

EPA is interested in obtaining 

comment on these options but has not 

adopted them at this time, because the 

Agency believes that the data SBA 

referenced are not sufficient to support 

nationwide regulations. EPA believes 

that, given currently available 

information, any consideration of 

modified thresholds would need to be 

based upon the level of reporting 

realized over the first few years of 

implementation of this regulation. Such 

data are needed so that EPA can assess 

whether modifications of thresholds will 

allow EPA to meet the statutory 

requirement that a majority of release 

data would be submitted. 

B. Frequency of Reporting and 

Reporting Deadlines 

Section 313(a) establishes that the 

first reporting deadline is July 1,1988, 

for releases of toxic chemicals that 

occurred during calendar year 1987. 

Also, section 313(a) establishes that 

persons subject must report annually 

thereafter on or before July 1 for 

releases of toxic chemicals that 

occurred during the preceding calendar 

year. Proposed § 372.15 incorporates 

these requirements without 

modification. 

VI. Form and Specific Reporting 

Requirements 

Section 313(g) requires EPA to publish 

a uniform toxic chemical release 

reporting form not later than June 1, 

1987. If EPA had not published the form 

contained in this proposed rule, owners 

or operators of covered facilities would 

have been required to report to EPA and 

the appropriate State by letter and 

include the information as required in 

section 313(g)(1). 

Section 313(g)(2) permits owners and 

operators of covered facilities to use 

readily available data (including 

monitoring data) that were collected 

pursuant to other provisions of law to 

provide the information required by the 

reporting form. When such data are not 

available, reasonable estimates of the 

quantities involved must be developed. 

Section 313 does not require additional 

monitoring or measurement of 

quantities, concentrations, or frequency 

of any listed chemical beyond that 

monitoring and measurement required 

under other provisions of law or 

regulation. 

In addition to the instructions in this 

proposed rule, EPA has developed a 

support document titled "Guidance For 

Determining Releases And Waste 

Treatment Efficiency For The Toxic 

Chemical Release Inventory Form." That 

document contains detailed technical 

guidance for calculating the amount of a 

toxic chemical emitted into the 

environment and the efficiency of the 

treatment methods used in connection 

with the chemicals being reported. EPA 

is requesting comment on this document. 

To obtain a copy of the guidance 

document contact the address provided 

under the heading "FOR FURTHER 

INFORMATION CONTACT." 

In general, the form is designed for 

multiple chemical submissions. Page 1 of 

the form contains all the facility related 

data and other common information 

elements. The remaining pages of the 

form are chemical-specific. Therefore, if 

a company must report on more than 

one chemical they will only have to fill 

out one copy of the first page of the 

form. They would then copy the already 

completed first page and attach it to as 

many sets of the remaining pages of the 

form as are necessary to cover the 

specific chemicals they are reporting. 

In the event that the Agency does not 

issue a final rule by December 31,1987, 

the form and instructions published here 

must be used for the purposes of 

reporting 1987 data. 

Subpart D of the proposed regulatory 

text contains the reporting form and 

•instructions. The following is a general 

discussion of the information that the 

statute requires to be reported, how EPA 

has interpreted the requirements for this 

proposed rule, and how such 

interpretation is reflected in the 

proposed reporting form and 

instructions. 

A. Certification Statement 

Section I of the proposed form 

includes a statement that the 

information provided is accurate and 

complete. As required by the statute, the 

statement is to be signed by a senior 

official with management responsibility 

for the person or persons completing the 

form for that facility. 

If the identity of a chemical or 

chemical category being reported is 

claimed a trade secret, this certification 

also applies to the trade secrecy claim 

and the explanation that must 

accompany such claim. See Unit VII of 

this preamble for a specific discussion of 

trade secrecy claims and the required 

explanation to be submitted with such 

claims. 

Regarding such senior management 

official, EPA received a comment that 

the term "official" is ambiguous and 

could be interpreted to mean an officer 

of the company. In many large 

corporations there are only a few 

officers and actual management 

authority may vary from corporation to 

corporation. The commenter 

recommends modifying the language to 

read "an authorized representative with 

management responsibility...." The 

legislative history does not provide 

significant direction on this issue other 

than to state that the purpose of the 

certification requirement is to assure 

that a senior management official 

review the report for accuracy and 

completeness. EPA does not intend to 

modify the terminology prescribed by 

the statute. However, the report is 

facility-specific. Therefore EPA 

interprets that such official could be the 

facility manager (rather than a corporate 

officer) or, for example, the manager of 

environmental programs for the facility 

or for the corporation responsible for 

certifying similar reports under other 

environmental regulatory requirements. 

B. Facility Identification 

Section II of the form would require 

specific information about the reporting 

facility. 

1. Facility location. Each submission 

would specify the facility's name and 

address. In addition, EPA proposes to 

require the facility's Dun and Bradstreet 

Number and, if applicable, its EPA 

identification number. This EPA 

Identification number is also commonly 

referred to as the RCRA I.D. number. It 

is a facility-specific number (generally 

based on the Dun's number) that is 

assigned to the facility by EPA or the 

State for purposes of reporting under 

hazardous waste regulations. These 

numbers can be used as geographic 

locators. They would be required in part 

so that EPA can verify the actual 

physical location of the facility where 

the releases of toxic chemicals occur; 

not the company's headquarters, its 

administration building, or its post office 

box. These identifiers will also aid both 

regulatory authorities and the public in 

cross-referencing and analyzing existing 

data from the same facility. 

2. Technical contact. The proposed 

form would require the designation of a 

technical contact who can clarify or 

supplement the information in the 

submission. This person's name, 

address, and telephone number would 

be provided. EPA believes that the 

designation of a technical contact will 

greatly facilitate follow-up by EPA, 

States, or local governments, and by 

members of the public. 

3. Permit numbers. EPA proposes to 

require inclusion of the facility's permit 

number issued under the National 

Pollutant Discharge Elimination System 

(NPDES). Representatives of public 

interest groups and State governments 

commented that the availability of this 

permit number in the data base would 

enhance the public's ability to obtain 

further information regarding the 
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facility, particularly its emissions to 

water. Industry representatives 

indicated that the NPDES permit number 

is a well known piece of information to 

any potentially covered facility and that 

there was generally only one such 

permit number applicable to a facility. 

While the Agency had some concern 

about the duplicative nature of including 

this reporting element, EPA believes that 

it will be useful to the public and will 

represent only a very minor incremental 

increase in the reporting burden.. 

EPA is also proposing to ask for the 

name of the receiving water body as 

reported on the NPDES permit. This 

should be the receiving stream that 

directly receives the wastes and not 

rivers or bodies of water that receive 

wastes indirectly downstream. Having 

the name of the receiving stream 

enhances use of the data, for example, 

by allowing EPA or States to model instream concentrations of a chemical 

from knowledge of the discharge point. 

Communities could use the information 

to determine whether a discharge is 

upstream of drinking water intakes.. 

Another facility-specific permit 

number that would be required is the 

Underground Injection Control (UIC) 

Identification number. This permit.. 

number relates to Class 1 deep well 

injection of hazardous or other wastes 

under authority of the Safe Drinking 

Water Act. Like the NPDES permit 

number, this is a well-known facilityspecific permit number; and providing it 

on the form will give the public a direct 

lead to valuable information about this 

type of release to land. 

EPA also considered requiring specific 

air quality related permit number 

information. However, there may be a 

multitude of such numbers per facility 

based on a variety of Federal, State, and 

local government regulatory 

requirements. The problem with air 

permit numbers led the Agency to an 

alternative approach. In the release 

section of the form, EPA is proposing to 

require a "yes" or "no" indication of 

whether the chemical is specifically 

covered by provisions of an air quality 

permit. This information will at least 

provide interested users of the data with 

an indication that further information on 

such release may be obtained by 

reviewing such permits. As described in 

Unit VI.G. below a similar approach to 

permit indication is followed with 

respect to releases to water and land. 

As indicated above, the facility will 

have effectively provided a permit 

number for on-site land related 

treatment and disposal of hazardous 

wastes containing thetoxic chemicals 

by providing the EPA I.D. number and 

the UIC Identification number. 

4. SIC codes. To identify the principal 

business activity at the facility, as 

required by the statute, EPA proposes to 

require the primary four-digit Standard 

Industrial Classification (SIC) code that 

applies to the facility. Also, the facility 

would, if applicable, supply up to two 

additional four-digit manufacturing SIC 

codes within the SIC 20 through 39 range 

that relate to the facility's 

manufacturing, processing, or use of the 

chemicals being reported. These SIC 

codes can, in a very basic sense, be used 

to verify that the facility is subject to the 

section 313 reporting requirements. 

Moreover, classification by SIC code 

will allow the data obtained from these 

forms to be analyzed by industrial 

activity. 

5. Parent company name. Commenters 

expressed the need to be able to identify 

the parent company of the reporting 

facility. In the view of the commenters, 

such information would enhance the 

public's knowledge about the facility, 

especially in cases where the facility . 

name itself may give no indication of its 

connection with a larger, national or 

international corporate entity. EPA 

agrees that such information could be 

valuable to users of thedata for 

purposes of comparative analysis of 

industry activities. EPA also sees this 

element as a means of verifying the 

"person" subject to reporting, i.e., the 

owner or operator of the facility as the 

language of the statute prescribes. 

Therefore, EPA proposes to require the 

submitter to include the name of the 

facility's parent company and that 

company's Dun and Bradstreet number. 

EPA believes that this will be 

information readily available to the 

facility and will represent only a minor 

incremental increase in the reporting 

burden. 

C. Identification of Off-Site Locations to 

Which Toxic Chemicals are Transfered 

EPA is also proposing to require the 

submitter to provide the name and the 

address of any off-site waste treatment, 

storage, or disposal facility to which 

wastes containing the chemical are sent. 

This information would be entered on 

the first page of the form (form section 

III). This information is placed on the 

first page of the form so that 

respondents will not have to repeat this 

same information for each chemical they 

may be reporting. When the actual 

chemical-specific releases are reported 

in a later section of the form (see Unit 

VI.G.4. below) the submitter would only 

need to provide a reference to that offsite location as explained in the 

Instructions. 

EPA believes that this off-site location 

information will greatly enhance the 

public's understanding of the locations 

of the toxic chemicals in a community 

and will complete the picture of waste 

related releases of a chemical from a 

facility. 

This information should be readily 

available to the submitter, and EPA 

does not believe that entering such 

information on the form will pose a 

significant additional burden. EPA is 

requesting comment on this issue of 

providing off-site location information. 

For each off-site location, except a 

publicly owned treatment works 

(POTW), EPA proposes to ask whether 

that location is under the management 

or control of the reporting facility, or 

under the management or control of that 

facility's parent company. EPA believes 

that this information will give users of 

the data an important indication of the 

relative level of responsibility for the 

ultimate disposition of the chemical in 

the environment. Again, such 

information is likely to be readily 

available to submitters. 

EPA is also proposing to require 

information on how such location is 

handling the waste containing listed 

chemicals (e.g., deep well injection, 

landfill), and, if known, how the waste 

may be further treated at such locations. 

EPA and other users of the data would 

then be able to better evaluate whether 

the chemical in the waste would end up 

as a release, and the likely form of that 

release. EPA realizes that treatment 

information may not in some cases be 

readily available to the submitter. 

Therefore, the submitter would be 

required to enter this information on the 

form only if it is readily available 

-information known to the submitter. For 

example, in contracting with such offsite facility, such treatment information 

may be included as part of the 

agreement or may appear in other 

correspondence with the company or in 

promotional literature. 

Included in the concept of transfers to 

off-site locations would be quantities of 

the chemical in wastes that are shipped 

to or removed by a "broker," or 

middleman. In such cases, the facility 

owner or operator may not know the 

actual location of the site to which the 

waste is shipped or the waste treatment 

or disposal methods to which the wastes 

will be subject. Therefore, the location 

information provided by the respondent 

would be the name and address of the 

wa3te broker. 

There is a key criteria for determining 

whether the transfer of a toxic chemical 

to an off-site location is reportable. That 

criteria is whether the chemical in the 
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waste is being removed from the facility 

for ultimate disposal. For example, a 

facility contracts with a commercial 

waste disposal firm to remove a spent 

solvent from the facility. The facility 

would report the removal of the solvent 

from the facility as a transfer to an offsite location. If, however, the facility 

sells this spent solvent to a reprocessor, 

then the facility would not be required 

to report this sale as a transfer of the 

chemical to an off-site location. The firm 

purchasing and reprocessing the solvent 

would be covered by the reporting 

provisions of this proposed rule as either 

a manufacturer or a processor of the 

solvent. That reprocessor would then be 

responsible for reporting their own 

releases to the environment of the 

chemical. This later case is consistent 

with the overall distinction made 

between "releases" from a facility and 

the distribution in commerce of a 

covered toxic chemical as part of a 

product. If the reporting facility does not 

know whether the chemical being 

removed from the facility is destined for 

ultimate disposal, then EPA proposes 

that the facility would err on the side of 

caution and report this removal of die 

chemical from the facility as a transfer 

to an off-site location. 

D. Chemical Identification 

Section IV of the form requires 

identification of the chemical or 

chemical category to which all 

subsequent data apply. The chemical is 

to be identified by the listed chemical 

name and, if applicable, by the CAS 

registry number. Chemical categories 

listed do not have a CAS number 

associated with them. Refer to proposed 

§ 372.45 for the lists of chemicals and 

chemical categories covered by this 

reporting requirement. 

The form would require the CAS 

number in addition to the listed 

chemical name. Such CAS numbers are 

provided in the regulatory listing. 

Inclusion of the CAS number on the 

form will provide verification of the 

chemical's identity. CAS numbers are 

widely accepted and used for purposes 

of chemical identification and chemical 

reporting. EPA believes that their 

inclusion in the data base will also 

facilitate the retrieval of additional 

information on the chemical from other 

data bases or references. 

1. Identifying individual chemicals 

versus aggregate reporting under a 

category. Any chemical specifically 

listed (i.e., listed in proposed § 372.45 (a) 

and (b)) must be reported individually 

along with the associated CAS number. 

A chemical on the list that has an 

associated CAS number may also fall 

into a covered category or be the parent 

metal for one of the categories. Again if 

the chemical is listed individually in the 

rule, it would be reported on a separate 

form. For example, a company makes 

and sells the specific listed chemical 2,4-

dichlorophenol. The company would not 

report the category "chlorophenols." 

A chemical that fits the definition of 

one of the listed categories and that is 

not specifically listed in § 372.45(a) and 

(b) would be reported using the category 

name. For example, a company using 

copper chloride, which is a chemical not 

specifically listed, would enter "Copper 

compounds" as the chemical 

identification. If more than one such 

unspecified category member is made, 

processed, or used by the facility, then 

the facility would aggregate those 

chemicals for reporting. Aggregate 

reporting allows a facility to report (on 

one form) all the chemicals that fit a 

category using the categorical name as a 

label. For example, a facility may report 

emissions of all the copper-containing 

compounds on one form. In the chemical 

identification section of the form, the 

category name "Copper compounds" 

would be entered. 

2. Claiming the chemical identity as a 

trade secret. Section 322 of Title III 

permits chemical identity to be claimed 

as a trade secret. Title III does not 

authorize a claim of trade secrecy for 

anything other than chemical identity. A 

box in Section IV.B. of the form must be 

checked when a claim of trade secrecy 

is made. The submitter must also 

provide EPA with an explanation of the 

trade secret claim. Refer to Unit VII of 

this preamble for a detailed discussion 

of the required explanation. 

The statute requires that the submitter 

must supply a generic chemical class 

identification on the form. EPA proposes 

a list of generic classifications with 

related codes in § 372.42 of the proposed 

rule. EPA is proposing to predefine the 

generic classification name for each 

listed chemical and chemical category. 

EPA has assigned a generic 

classification to each list entry and has 

placed the corresponding generic 

classification code next to the chemical 

or chemical category name in the 

§ 372.45 listings. Refer to the column 

titled Generic Classification Code that 

appears in the chemical lists. EPA 

believes that this system will foster 

consistency in reporting and improve 

quality control related to data entry. 

This approach should also reduce the 

burden on respondents because they 

will not be required to develop their 

own generic identity for the submission. 

EPA considers the classifications to be 

general enough to satisfy the trade 

secrecy concerns of industry. At the 

same time, the classifications are 

descriptive enough to give users of the 

data base some indication of the type of 

chemical or chemical category being 

reported. 

In relation to trade secrecy claims, 

commenters stated that a facility 

reporting a chemical category (e.g., 

Antimony compounds) could not further 

claim that reported identity as trade 

secret. Their rationale is that the 

identities of specific components being 

reported under that category name are 

already sufficiently masked. EPA does 

not agree with the commenters 

interpretation. A category such as 

Antimony compounds is a toxic 

chemical identity as listed in the 

referenced Committee print for purposes 

of reporting under section 313. Because 

chemical identity may be claimed trade 

secret and because there is no specific 

exclusion from such claims for an 

identitiy that is a category, EPA 

concludes that such category 

designations may be claimed trade 

secret. As a practical matter, however, 

the Agency believes that a facility 

would have difficulty justifying a trade 

secrecy claim with respect to one of the 

compound categories. 

3. Identifying mixtures or trade name 

products. Unit IV.C.4. of this preamble 

discussed the problems of identifying 

and reporting toxic chemicals within 

mixtures or other trade name products. 

Section IV.D. of the form provides space 

for the reporting the name of a mixture 

or trade name products. If provided by 

the supplier, the generic classification 

name associated with the actual toxic 

chemical component would be entered 

in Section IV.C. of the form. As 

discussed, such importers, users, and 

processors of these products may only 

have a limited reporting responsibility 

under this proposed rule depending 

upon whether they reasonably can 

determine the necessary percent 

composition information. 

E. Facility Activities and Uses of the 

Chemical 

The statute requires information about 

whether the toxic chemical is 

manufactured, imported, processed, or 

otherwise used and the general category 

or categories of use of that chemical. 

EPA interprets this requirement to mean 

activities and uses at the facility, not 

uses for which the chemical is 

distributed in commerce. EPA has 

developed several proposed indicators 

of facility activity or use related to the 

chemical being reported (see Section V 

of the form). EPA believes that' these 

indicators will give the users of the data 

a sufficient idea of why the chemical is 

present at the facility and, if applicable, 
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Federal Register / Vol 52. No. 107 / Thursday, June 4, 1987 / Proposed Rules 21161 

how it functions within the facility. EPA 

attempted at the same time to keep 

these indicators of use general enough 

so as not to compromise process-related 

trade secret information. A submitter 

would be required to check all activities 

and uses that apply. 

F. Maximum Amount 

The statute also requires an estimate 

of the maximum amount (in ranges) of 

the chemical present at the facility at 

any time during the reporting period. 

EPA proposes, as the conference 

committee report directs, that these 

ranges be adapted from the ranges used 

for development of the chemical 

inventory under section 8(b) of the Toxic 

Substances Control Act (TSCA). The 

TSCA 8(b) ranges relate, however, to 

total annual production rather than 

maximum on-site quantity at a point in 

time. Therefore, EPA requests comment 

on whether the magnitude of these 

ranges are appropriate for purposes of 

reporting under section 313. 

G. Releases to Environmental Media 

The statute requires information on 

"the annual quantity of the toxic 

chemical entering each environmental 

medium." The conference committee 

report elaborates upon this requirement, 

stating that "Reporting on releases to 

each environmental medium .. . shall 

include, at a minimum, releases to the 

air, water (surface water and 

groundwater), land (surface and 

subsurface), and waste treatment and 

storage facilities." The transfer of 

chemical-laden wastes to treatment or 

storage facilities is not commonly 

construed as a "release" to the 

"environment." However, such transfers 

are comparable to discharges from a 

facility because they are wastes leaving 

the facility, with the possibility that 

some fraction of the chemical in the 

waste may ultimately enter the 

environment. 

The statute defines release as "any 

spilling, leaking, pumping, pouring, 

emitting, emptying, discharging, 

injecting, escaping, leaching, dumping, 

or disposing into the environment 

(including the abandonment or 

discarding of barrels, containers, and 

other closed receptacles) of any .. . toxic 

chemical." EPA is proposing to require 

reporting of total annual releases to 

various media, including in each total 

both accidental and routine or planned 

releases. In connection with this total 

release concept, EPA also proposes to 

require a "yes" or "no" indication on the 

form of whether the reported quantity of 

release includes any accidental releases 

reported under section 304 of Title III or 

section 103 of CERCLA. This approach 

ensures complete reporting of releases 

from the facility without requiring 

duplicative reporting on the specific 

quantities of the accidental or 

emergency portion of releases. Users of 

the data can then go to the state or local 

planning commission to review the 

specific "release" reports. 

The release information required on 

the form is to be based on readily 

available data (including monitoring 

data and emissions measurements) 

collected pursuant to other provisions of 

law or as part of routine plant 

operations. Where monitoring data or 

emissions measurements are not readily 

available, reasonable estimates of the 

amounts released may be made using 

published emission factors, material 

balance calculations, or engineering 

calculations. No monitoring or 

measurement of the quantities, 

concentration, or frequency of any toxic 

chemical released into the environment, 

beyond that monitoring and 

measurement required under other 

provisions of law or regulation, is 

required for the purpose of completing 

the form. 

EPA is proposing that respondents 

estimate as accurately as possible the 

quantities in pounds of the listed 

chemical released annually to each 

environmental medium. Respondents 

would round off these figures to the 

nearest pound. However, given the 

annual aggregate nature of the data, 

EPA is seeking comment on alternatives 

for reporting release quantities. One 

option would be to allow reporting in 

ranges for all emissions or for emissions 

below a certain threshold amount. A 

concern expressed by one commenter is 

the compliance implications, especially 

for smaller firms, of having to certify to 

a very specific release figure. Ranges 

could be established as order of 

magnitude or other appropriate 

categories; for example, 0 to 10 pounds, 

10 to 100 pounds, 100 to 1,000 pounds, or 

0 to 10 pounds, 10 to 100 pounds, 100 to 

250 pounds, 250 to 500 pounds, 500 to 

1000 pounds. One potential drawback to 

this approach is the difficulty of doing 

analyses from the data base where 

emissions are expressed in ranges rather 

than single numbers. Another potential 

problem is that neither the statute nor 

the legislative history of section 313 

provides for reporting the emissions 

data as a range, such as is provided for 

reporting the maximum quantity of the 

chemical on site. Another option would 

be to allow respondents to report to one 

significant figure. For example, if a 

respondent estimates that their release 

of a toxic chemical to water is 1,120 

pounds per year they would be allowed 

to report 1,000 pounds per year. This 

approach would allow for a consistent 

degree of leeway in expressing the 

accuracy of a single number for any 

release. 

As a third option, EPA could require 

specific estimates within some specified 

degree of precision. For example, in the 

TSCA Inventory update rule, EPA 

required reporting of production 

volumes to two significant digits with an 

accuracy of plus or minus 10 percent. 

EPA asks for comment on whether this 

approach should be applied in this 

rulemaking. 

For each annual release quantity, EPA 

proposes to require a "basis of 

estimate." This element will indicate 

whether the quantity reported was 

derived primarily based on monitoring 

data for the wastes leading to release, 

mass balance calculations of streams 

entering and leaving process equipment, 

emission factors (e.g., published data on 

the amount of release to a medium as a 

fraction of production volume for the 

process/equipment leading to the 

release), or other approaches such as 

best engineering judgement. In addition 

to providing some idea of the quality of 

the estimate, this element will identify 

situations in which monitoring data 

might be obtained as part of follow-up 

activities by EPA or states. Most release 

quantities are likely to be aggregates of 

estimates using different methodologies 

(e.g., part of stack emissions based on 

monitoring data, part based on emission 

factors). Submitters would indicate the 

single method accounting for the largest 

portion of the release quantity. EPA 

requests comment on this approach. 

For metal compounds, EPA proposes 

that the release quantities be reported 

for only the metal and not the metal 

compound. EPA recognizes that most 

monitoring data available measures 

only the metal portion of the compound. 

Reporting of the amount of compounds 

released would be complicated when 

more than one substance contributes to 

the metal content of the waste, when the 

compound dissociates, and when the 

compound is converted to a different 

substance due to waste treatment or 

other processes. It therefore appears 

reasonable to require reporting of metal 

released to avoid confusion over the 

meaning of total compound released. 

This section of the form also requires 

a "yes" or "no" indication of whether 

the toxic chemical released is 

specifically covered by a environmental 

permit. In general, a facility would 

answer "yes" if the permit specifically 

includes or cites the reported toxic 

chemical. 
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21162 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

Section VII of the proposed form is 

organized by environmental media. It 

would ask for information on releases to 

(A) air, (B) water, (C) land, and (D) 

transfers to off-site locations. 

1. Emissions to air. The subsection on 

air releases includes fugitive and point 

air emissions. EPA proposes to 

distinguish fugitive or non-point air 

emissions from stack or point air 

emissions for two reasons. First, 

estimates pf stack emissions are likely 

to be more accurate than estimates of 

fugitive emissions because stack 

emissions can be directly measured. 

Better overall information on air 

releases can be obtained if fugitive 

emissions are reported separately and 

the accuracy of the data on stack 

emissions is preserved. Second, 

separate reporting of fugitive and stack 

emissions will enable regulatory 

agencies and other users of the data to 

judge the relative significance of these 

two sources of releases. 

For each air release quantity, 

submitters are to indicate whether the 

release is covered by any applicable 

permit controlling the chemical. Because 

a facility may have many air permits 

covering single pieces of equipment or 

processes, EPA is not requesting permit 

numbers. That a permit exists for the air 

emissions of the chemical at the facility 

provides a starting point for the 

community to obtain permit information. 

To answer "yes" to the permit 

question, the facility must determine 

that the permit specifically cites the 

toxic chemical in that permit. For 

example, a permit might set a numerical 

emission limit to control quantities of 

that specific toxic chemical released. 

The facility would answer "no" if, for 

example, the permit sets a performance 

standard for the process equipment in 

which the chemical is made or used but 

does not cite the specific toxic chemical. 

Some facilities may have several similar 

emissions sources that treat the same 

toxic chemical. If some but not all of 

these emission sources specifically have 

permits that specifically cite the 

chemical, then it is still appropriate to 

answer "yes" to the permit question. 

2. Discharges to water. The subsection 

on releases to water includes the 

facility's direct releases to receiving 

water bodies only. The facility would 

enter the amount of the chemical 

released to surface waters (e.g., rivers, 

lakes, streams, etc.) from all discharge 

points at the facility. Quantities of a 

toxic chemical in wastewater 

discharged to a POTW or other off-site 

treatment plant would be entered in 

Section VII.D. of the form (see 

paragraph G.4. of this unit). 

EPA also proposes that the total 

releases of a chemical to surface waters 

include the contribution from 

stormwater if the facility's permit 

includes stormwater sources. Given the 

potential difficulty in estimating the 

contribution of stormwater to the total 

release of a chemical, EPA is 

specifically asking for comment on the 

inclusion of stormwater discharges and 

how these releases should be estimated 

and reported. 

As discussed in B.3. of this unit, EPA 

is proposing that facilities that directly 

discharge wastes to surface waters 

provide their NPDES permit number. In 

the release section the respondent 

would also indicate whether the 

chemical discharges being reported are 

specifically limited by the NPDES 

permit. 

3. Releases to land. The subsection on 

releases to land asks for the amounts of 

a chemical disposed of within the 

confines of the facility. Types of landbased disposal are identified in the 

instructions along with a code, which is 

to be entered on the form. Specific landbased disposal methods include 

placement in surface impoundments and 

subsurface disposal in landfills, septic 

systems and infiltration lagoons, or 

underground injection wells. Such 

methods may result in the chemical 

reaching groundwater. They are grouped 

as methods of land-disposal to 

emphasize that reported quantities are 

to be amounts placed in each type of 

disposal system. The respondent would 

report the amounts that are placed in 

infiltration and/or septic systems as one 

total since both are designed to allow 

wastes to percolate into near-surface 

soil. 

For the purposes of this reporting, a 

surface impoundment denotes a "final" 

disposal method, and quantities of a 

chemical added to an impoundment that 

is part of a wastewater treatment 

process should generally not be reported 

here. However, where the impoundment 

accumulates sludges containing the 

chemical, quantities should be entered 

here, unless they are accounted for by 

other totals (e.g., impoundment 

dredgings hauled to off-site disposal). 

An impoundment would, in this regard, 

mean a type of final disposal. 

The respondent would check "yes" in 

the permit column if the facility has an 

EPA Identification Number and the 

chemical is being disposed of as part of 

a regulated hazardous waste. 

4. Transfers to off-site locations. In 

Section VII.D. of the form the 

respondent would enter the actual 

amount of the chemical in waste 

transferred to off-site locations. 

Addresses for these facilities will have 

been provided in Section III of the form. 

First, facilities would be required to 

estimate releases to POTWs. EPA's and 

the community's ability to analyze data 

on releases to water would be greatly 

enhanced by knowing how much 

chemical goes to a POTW. EPA and 

other users would be able to make more 

accurate assessments of environmental 

concentrations of the chemical because, 

for example, estimates of POTW 

treatment effectiveness can be taken 

into account. 

The other lines in this section are to 

be used for reporting releases of the 

chemical to any of the other types of offsite locations identified in Section III.B. 

of the form. The respondent would also 

indicate the basis of estimate for the 

release and whether that release is 

covered by the permit, i.e., whether the 

chemical is part of a hazardous waste 

leaving the facility. 

H. Waste Treatment Information 

1. EPA s concept of wastestream for 

the purpose of this reporting. Section 

313(g)(i)(c)(iii) states that facilities must 

report "for each wastestream, the waste 

treatment or disposal methods 

employed, and an estimate of the 

treatment efficiency typically achieved. 

. . ." EPA has proposed a list of codes in 

the instructions from which facilities can 

specify a treatment method (e.g., 

biological treatment, incineration) for 

each wastestream. 

EPA is proposing to consider a 

wastestream as aggregate wastes 

treated in a particular manner or the 

influent stream to a single treatment 

method. For example, aggregate waste 

going to secondary wastewater 

treatment on-site would be reported as a 

wastestream. Estimates would not be 

required for each of the numerous 

waters from various process points that 

are combined for treatment. EPA 

recognizes the difficulties involved for a 

submitter to estimate efficiences for 

each separately. 

If certain wastestreams containing the 

chemical are treated separately, then 

individual reporting of each treatment 

process would be required. For example, 

one process wastestream could go to 

carbon adsorption, then be combined 

with other process waters for secondary 

treatment. Carbon adsorption would 

then have to be reported separately as a 

treatment method. 

EPA considered an alternative 

approach to defining wastestreams 

which would classify them more 

specifically by source. In particular, the 

Resource Conservation and Recovery 

Act (RCRA) D, F, and K waste codes 
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Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21163 

could be used where applicable. For 

example, RCRA code K083 refers to 

"Distillation bottoms from aniline 

production." Other source specific codes 

could be developed for non-RCRA 

wastestreams. 

Knowing the source of each 

wastestream or wastestream component 

would allow EPA or other regulatory 

agencies to link specific listed chemicals 

and currently regulated hazardous 

wastes. Such information would permit 

better identification of toxicity hazards 

and risks associated with hazardous 

wastes and would be helpful in 

decisions to list or delist specific 

wastestreams under RCRA. In addition, 

information on source-specific treatment 

efficiencies could be used as a screening 

tool for EPA and State programs that 

regulate chemical releases and set 

standards based on source-specific 

control/treatment technologies. 

Despite these potential uses, there are 

a number of difficulties in requiring the 

more detailed source-specific 

information. First, in order to fully 

evaluate waste treatment methods for 

the purpose of regulatory development, 

a considerable amount of more detailed 

technical information would have to be 

collected. Such data would include unit 

design and operating features of the 

treatment equipment, waste throughput, 

waste composition and physical form, 

waste pre-treatment, waste components 

that can interfere with or enhance the 

treatment process, and whether 

recyclable materials or usable energy 

are generated. 

Second, companies may consider that 

wastestream sources reveal trade secret 

information by revealing specific 

process or chemical information, 

whereas Title III allows only chemical 

name to be claimed trade secret. EPA's 

program offices have other authorities 

that would allow them to collect these 

data while providing mechanisms for 

protecting valid company trade secrets. 

Finally, source-specific waste code 

reporting would considerably increase 

the reporting burden because of the 

large number of wastestreams that must 

be considered. Each waste treatment 

process may be associated with multiple 

source-specific streams, thereby 

requiring multiple line entries and 

efficiency estimates for each such 

process. Given the broad coverage of 

section 313 reporting, it may not be 

appropriate to include this level of 

detail. 

Therefore, EPA believes that 

identifying the specific source of a 

wastestream (for example, absorber 

effluent, distillation bottoms, or spent 

catalyst) should not be included on the 

proposed form for two major reasons: (1) 

Without other more detailed information 

that source wastestream data would 

have limited usefulness, and (2) it raises 

trade-secret problems. For the purpose 

of this proposed form, the wastestreams 

are being characterized as gaseous 

emissions, wastewater, non-aqueous 

liquid wastes, and solid waste (including 

sludges and slurries). 

2. Waste treatment efficiency. 

Although treatment methods are 

reported for the wastestream containing 

the listed chemical, the conference 

committee report states that the 

treatment efficiency should refer to the 

listed chemical as opposed to other 

components of the wastestream. EPA 

interprets the term "treatment 

efficiency" to mean the mass percent by 

which the treatment removes the 

chemical from the wastestream. An 

alternative interpretation is that only the 

mass percent destroyed or chemically 

converted be reported. Of course, the 

chemical removed may only be 

transferred to another waste (e.g., from 

water to sludge) and release quantities 

to various media must reflect these 

transfers. The reporting envisioned for 

this form would not allow EPA to track 

sequential treatment processes and 

subsequent disposal. However, for most 

treatment methods it will be possible to 

determine, based solely on the treatment 

code whether transfers to another 

medium occurs. 

It may be difficult for the facility to 

ascertain the degree to which the 

chemical is removed or destroyed. For 

example, wastewater treatment may 

treat a chemical waste by simultaneous 

mechanisms: Evaporation, reaction with 

other chemicals in the wastewater, 

biological oxidation, and adsorption to 

sludge. Treatment efficiency data 

readily known to a facility represents 

net removal by all these mechanisms 

and it is not usually possible to 

distinguish destruction from removal. 

Therefore, EPA proposes that 

treatment efficiency be expressed as the 

overall concept of percent removal, 

whether the specific action taking place 

is destruction, chemical conversion, 

physical removal, or some combination. 

3. Indication of influent concentration. 

EPA is also proposing that the 

concentration of the chemical in 

wastestreams prior to treatment be 

indicated. The effectiveness of most 

treatment methods is concentrationdependent and obtaining this 

information will assist users of the data 

in determining whether effective 

treatment methods may be available for 

wastes containing different amounts of a 

given chemical. The ranges for reporting 

are listed in the instructions. Each range 

covers 2 or 3 orders of magnitude. 

4. Indication of whether the efficiency 

estimate is based on operating data. 

EPA is also proposing that facilities 

provide a "yes" or "no" indication of 

whether the treatment efficiency 

estimate is based on actual operating 

data. For example, the facility would 

check "yes" if the estimate is based on 

monitoring of influent and effluent 

wastes under typical operating 

conditions. The facility would check 

"no" if the efficiency estimate is based 

on published data for similar processes 

or on equipment supplier's literature. 

EPA believes that this indication will be 

valuable to users of the data in the same 

way that the "basis of estimate" 

information is valuable in relation to 

release estimates. It will provide users 

of the data with an indication of the 

relative quality and reliability of the 

efficiency estimate figure. 

/. Optional Information on Waste 

Minimization 

The final section of the form allows 

the respondent to describe any action 

taken at the facility in the past year 

(other than the waste treatment methods 

specified in Section VIII of the form) to 

mimirnize generation of waste related to 

the chemical being reported. Actions 

may include process modifications, 

changes in operating procedures, 

product redesign, raw material 

substitutions, or recycle/reuse which 

have reduced or eliminated the 

generation of wastes containing the 

chemical being reported. This section 

allows a facility to demonstrate that 

progress is being made in waste 

minimization, not just reduction in 

releases. 

For example, yearly reporting may 

show that a facility has significantly 

reduced releases of a chemical but the 

reason for such reduction may not be 

obvious from the reported data. 

Alternatively, a great reduction in waste 

generation may be hidden by the fact 

that very efficient treatment has always 

led to little release. 

The form asks for: The type of action 

taken to reduce waste generation (by 

code); pounds of the reported chemical 

in the waste in the reporting year; 

pounds of the reported chemical in the 

waste in the previous year (or the 

facility can enter a number for the 

percent change); an index comparing 

production level in the reporting year to 

production level in the previous year; 

and reasons for taking the action (by 

code). 

The index of production level figure 

provides a means to sort out changes in 

waste amount due to level of business 

activity. For example, if the chemical 
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21164 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

were used in coating appliances and 

80,000 appliances were produced in 1987 

compared to 100,000 in 1986, the index 

would be 0.8. Any reported waste 

reduction (or lack of increase) could 

then be apportioned to the action taken 

or to change in economic activity. 

Companies can protect trade secret 

information since actual production 

levels would not be reported, nor would 

"waste per unit production." The 

production level indicator chosen should 

most closely represent activities 

involving the chemical. However, these 

activities could range from production 

volume of the chemical itself (or of 

another chemical using the reported 

substance) to the dollar value of all 

products made at the facility. This latter 

indicator might be most appropriate, for 

example, in the case where the facility 

substituted one general purpose solvent 

with another solvent. 

Facilities can use the narrative space 

provided in this optional section of the 

form to explain how the modification 

caused the changes in waste 

composition or changes in hazard. Such 

information is expected to be highly 

valuable to those citizens who are 

attempting to understand industry 

progress in reducing releases of 

chemicals to the environment. It will 

also permit regulatory agencies to 

analyze the effectiveness and the extent 

of use of various techniques for reducing 

routine releases of toxic chemicals. Such 

information will be essential to 

understanding why reductions in 

releases are observable in long-term 

data from a facility. Completion of this 

section is optional because actions that 

reduce releases could in some cases 

reveal trade secret information and 

because the statute does not specifically 

request information on reductions in 

releases. 

VII. Trade Secret Claims and 

Substantiation 

Section 322 of Title III provides that 

the specific chemical identity (including 

the chemical name and other specific 

identification) may be designated by the 

submitter as a trade secret. To do so, the 

submitter would check the box in 

Section IV.B. of the form indicating that 

the chemical identity is being claimed as 

a trade secret. The submitter would also 

have to enter the generic classification 

name and code that is pre-assigned by 

the regulation to that specific toxic 

chemical. See proposed § 372.42 for 

these generic classification names. Also, 

the listings of covered chemicals and 

chemical categories proposed in § 372.45 

of the regulation include a column that 

contains the pre-assigned generic 

classification code for that chemical. 

If the submitter claims the specific 

chemical identity as trade secret then a 

second copy of that report must be 

included with the submission. This 

second copy would be a "sanitized" 

version of the original submission. It 

would contain all the same information 

as the original submission except that 

the space provided for the specific 

chemical identity (including CAS 

number, if applicable) would be left 

blank. This non-trade secret version of 

the form is the one that will be made 

available to the public and is the version 

to be submitted to the State. 

Any submitter claiming trade secret 

protection for a chemical identity must 

also submit an explanation for this 

claim in accordance with section 

322(a)(2)(ii) of Title III. This explanation 

must demonstrate: (1) That the submitter 

has not disclosed the chemical identity 

to any other person, other than a 

member of a local emergency planning 

committee, an officer or employee of the 

United States or a State or local 

government, an employee of such 

person, or a person who is bound by a 

confidentiality agreement; (2) that the 

submitter has taken reasonable 

measures to protect the confidentiality 

of such information and will continue to 

take such measures; (3) that the 

information is not required to be 

disclosed or otherwise made available 

to the public under any other Federal or 

State law; (4) that disclosure of the 

information is likely to cause substantial 

harm to the competitive position of the 

submitter; and (5) that the chemical 

identity is not readily discoverable 

through reverse engineering. Failure to 

submit this explanation as part of the 

submission will result in immediate 

disallowance of the trade secrecy claim 

without further notice to the submitter. 

The explanation document itself will 

be available to the public. However, the 

submitter may further claim portions of 

the explanation document as 

confidential if that information would 

reveal the chemical identity claimed as 

a trade secret or would reveal other 

confidential business or trade secret 

information. To make this claim the 

submitter would clearly designate those 

portions of the explanation document to 

be claimed as confidential. The 

submitter would include a certification 

that those portions of the explanation 

document claimed as confidential 

would, if disclosed, reveal the chemical 

identity being claimed as a trade secret, 

or would reveal other confidential 

business or trade secret information. 

This certification must be signed by the 

same person that signs the certification 

statement on the reporting form. 

Under section 322(a)(2)(h) of Title III, 

a person who claims a specific chemical 

identity as confidential is required to 

include an explanation of the reasons 

for the claim, including a specific 

description of why the trade secret 

factors in section 322(b) apply. This 

explanation is to be included "in the 

submittal referred to in [section 

322(a)(1)]" which in this case is the „ 

submittal of the report under section 

313. Since the section 313 report is 

required to be submitted to EPA and "to 

an official or officials of the State 

designated by the Governor," section 

322(a)(2)(h) could be read as requiring 

that the explanation, including any 

information in it which is trade secret or 

otherwise confidential under section 

322(f), must be submitted to the State as 

well. However, EPA believes that this 

reading of section 322(a)(2)(ii) is 

inconsistent with the remainder of 

section 322. Accordingly, EPA is 

proposing that persons submitting 

reports under section 313 in which the 

specific chemical identity is claimed as 

a trade secret would, in addition to 

submitting a sanitized copy of the form 

to the State, be required to submit a 

sanitized copy of the explanation for the 

trade secret claim to the State and EPA 

as well. In this way, States and the 

public at large would be in a better 

position to determine whether a trade 

secret claim appears to be valid and, 

therefore, whether to petition EPA under 

section 322(d) to review the trade secret 

claim. 

EPA received comments that the trade 

secret provisions of Title III do not 

require "up-front substantiation" of a 

trade secret claim. EPA considers that 

the statute is quite clear on the 

requirement that the above-mentioned 

explanation be provided as part of the 

submission. That is, the required 

explanation must be provided "up 

front." The commenter may be referring 

to additional, more detailed information 

that must be submitted, in the event that 

such trade secret claim is challenged 

through the public petition process as 

provided by section 322 of Title III. 

Another commenter asserted that 

emissions of specific chemical 

substances that could be required under 

section 104 of the Clean Air Act or 

under section 304 of the Clean Water 

Act are data that must be made 

publically available. Therefore, 

according to this argument,.a submitter 

of a section 313 report would not be able 

to claim trade secret the chemical 

identity associated with such emission. 

In the commenter's opinion, the 

submitter would not be able to attest to 

the fact that such chemical-specific 
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Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21165 

information is not public knowledge. 

EPA is reviewing this comment and will 

address it in connection with the 

comprehensive Title III trade secret 

regulations to be proposed by the 

Agency. 

VIII. Recordkeeping 

EPA proposes under the general 

rulemaking authority of section 328 of 

Title III to require submitters to retain a 

copy of each report plus the supporting 

documentation used to complete each 

report. EPA proposes that these records 

be retained for a period of 5 years from 

the date of submission of the report. 

Such records would be retained at the 

facility for which the report is submitted 

and would have to be readily available 

for purposes of inspection. EPA is 

requesting comment on the appropriate 

length of the recordkeeping period. 

IX. The Toxic Chemical Release 

Inventory Data Base 

The Toxic Chemical Release 

Inventory will provide, for the first time, 

information on toxic chemical releases 

to all environmental media on a 

nationwide basis. EPA expects that 

users of the data base will include 

Federal, State and local agency officials; 

private citizens; industry; local and 

national environmental and citizens 

organizations; workers and labor 

organizations; educators; researchers 

and consultants; private physicians and 

public health officials; members of the 

legal community; and the media. 

A. Development of a Data Base 

Section 313{j) requires EPA to 

establish and maintain in a 

computerized data base a national toxic 

chemical release inventory based on the 

data submitted. (This inventory should 

not be confused with the inventory of 

chemical substances developed and 

maintained under section 8(b) of the 

Toxic Substances Control Act.) Further, 

EPA is required to make this data base 

accessible to the public by computer 

telecommunications and other means on 

a cost reimbursible basis. After the data 

base has been established and the data 

for the first reporting period has been 

entered, EPA will issue a notice for 

pubication in the Federal Register that 

will instruct potential users regarding 

access to the data base and procedures 

for use. Also included in this notice will 

be instructions on how to obtain 

information from the data base through 

means other than computer 

telecommunications. 

B. Identifying Adverse Health and 

Environmental Effects Information in 

the Data Base 

Section 322(h)(2) of Title III requires 

EPA to identify the adverse health and 

environmental effects associated with a 

toxic chemical that is claimed trade 

secret and assure that such information 

be included in the computer data base. 

The Legislative history associated with 

this provision further explains that the 

adverse effects identified should be • 

described in general terms so as not to' 

provide a unique identifier of a 

particular trade secret chemical. 

EPA has identified several options for 

meeting this requirement of providing 

adverse effects information relating to 

trade secret claims. One option would 

be to develop a cumulative, worst-case 

effects characterization for the 

predefined generic class of the chemical. 

For example, a person using the 

database determines that a facility is 

emitting certain quantities of a chemical 

claimed trade secret. The generic class 

identity.available to the person is 

"Hydrocarbons." Since such a chemical 

as benzene, a known human carcinogen, 

is included in this generic class then the 

adverse effects characterization would 

have to include this effect. Chemicals 

without this effect would be identified 

as; carcinogens if the chemical identity, is 

claimed trade secret. One obvious 

problem with this approach is that it can 

overstate the adverse effect of any 

particular chemical within a generic 

class. 

A second option would be a modified 

generic identification approach. Rather 

than the predefined generic 

classification system proposed in this 

rule, companies would be required to 

develop and submit a generic identity 

for the chemical. EPA would then 

develop: the.associated adverse health 

effects description that relates to the 

general class or category of the 

chemical. For example, a company 

claims the listed chemical aniline trade 

secret and gives it a generic identity as 

an "aromatic amine." The adverse 

effects would then be based on the 

adverse effects of aromatic amines in 

general. This approach would be a 

variation on the first option but could 

provide the data user with somewhat 

more specific information. One problem 

that this option would create is that EPA 

would not be able to develop the toxic 

effects for the database until the 

submission is received, thus possibly 

delaying the data availability. 

A third approach would be to attempt 

to develop individual adverse effect 

profiles that would be substance 

specific but would mask any particular 

effect that is unique and that could 

divulge its specific identity. For 

example, if one of the metals has a 

unique effect (e.g., kidney toxicity) this 

effect may have to be generalized to 

"organ effect." 

EPA requests comment on ways to 

specify adverse effects information in 

the data base in connection with trade 

secrecy claims. 

X. Economic Impact 

EPA has prepared a Regulatory 

Impact Analysis (RIA) in connection 

with this proposed rule. The RIA 

assesses the economic impact of the 

proposed regulation on the affected 

industry (manufacturing, SIC codes 20 

through 39) and State and Federal 

governments. The following cost results 

are presented in the analysis document 

titled "Regulatory Impact Analysis in 

Support of the Proposed Rulemaking 

Under Section 313 of the Superfund 

Amendments and Reauthorization Act 

of 1986." 

Four alternatives are considered in 

the RIA for implementing section 313: 

, Alternative I—Facilities report by letter. 

Alternative II—Facilities must report by 

use of a form, with minimal 

interpretation of the data elements 

required by the statute. 

Alternative III—Facilities report by 

form, with additional data elements 

required (proposed form). 

Alternative IV—Facilities report by . 

form, with elements of Alternative III 

above plus specific source . 

wastestream identification/ 

characterization required. 

The population of facilities that would 

be required to submit reports—forms or 

letters—under section 313 is based on 

Census data for facilities engaged in 

manufacturing, a survey of toxic 

substances use conducted by the State 

of New Jersey involving a subset of the 

substances contained in the list of 329 

chemicals covered by section 313, and 

the Toxic Substances Control Act 

Inventory. 

Section 313 will require reports from 

an estimated 32,760 facilities. On 

average, 5.0 toxic substances will need 

to be reported per covered facility, 

resulting in a total of 165,100 reports 

each year. 

Estimates of the costs per facility 

(based on an average of 4 chemicals and 

1 mixture per facility) for the proposed 

form in the first year are $12,467 and 

$9,426 in subsequent years of reporting. 

The higher first year costs are expected 

due to initial one-time costs associated 

with compliance determination and 

establishing a methodology for 
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21166 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

estimating emissions. Estimates of the 

cost per facility for each alternative are 

as follows: 

First 

year 

$11,110 

. 11,931 

12,467 

12.690 

Second 

year 

$8,132 

8,891 

9,426 

9,650 

In the first year of reporting, 

industry's total compliance costs will 

range from $427.6 million for Alternative 

I (letters) to $480.1 million for 

Alternative IV (version 3 of the form). 

Over a 10-year projection period, the 

present value of the costs will range 

from $1,656 to $2,108.7 million at a 

discount rate of 10 percent (real). 

All the regulatory alternatives appear 

to be somewhat more costly than if EPA 

took no action to issue a form and 

regulation implementing section 313. 

However, the majority of the overall 

costs associated with this proposed rule 

are driven by the statutory provisions. If 

the letter reporting is taken as a 

baseline, the proposed form represents 

approximately a 12 percent increase in 

the overall costs for industry to comply 

with section 313 requirements. As 

explained elsewhere in this preamble, 

EPA has chosen to develop a form and 

regulation in order to provide for 

uniform reporting so that a computerized 

data base of high quality and utility can 

be created and maintained. 

There is some variability in the costs 

of the regulatory options (Alternatives II 

through IV) based on the quantity and 

type of information required. The 

proposed regulatory approach 

(Alternative III) is somewhat more 

costly than Alternative II. However, 

EPA believes that this extra cost is 

justified by the increased utility of the 

data that this option provides. 

The proposed regulatory option asks 

for information that will improve the 

ability of communities to track the flow 

of releases in their areas, specifically 

reporting on the disposition of 

substances off-site in treatment, storage, 

and disposal facilities. Use of the data 

base is also enhanced by the 

requirement for data on non-primary 

manufacturing SIC codes, parent 

companies, and applicability of section 

304 and permits to particular releases. 

Compared to Alternative IV, the 

proposed option entails lower costs for 

industry because it does not require 

wastestream-specific reporting on 

treatment methods and percent 

destruction or conversion of the toxic 

chemicals. 

EPA will incur costs to process, check, 

store, and make available the data 

reported under section 313. EPA's costs 

will vary depending upon its choice of 

data management systems and policies 

but are estimated to range from between 

$4.0 and $13.8 million per year. Over a 

10-year period, the present value of 

EPA's expenses will be $21.0 to $74.0 

million discounted at 10 percent. States 

will have expenses for processing, 

storing, and distributing reports sent to 

them. State costs are estimated at $1.0 

million per year. 

A draft RIA underwent a limited 

public review and certain comments 

received have been incorporated. EPA 

requests comment on the methodology 

employed, the unit costs, and the results 

of the RIA. In particular, EPA requests 

comment on the following issues: 

1. How many toxic chemicals will be 

reported by typical facilities overall? 

2. How many additional reports will 

be associated with the requirement to 

report on mixtures and trade name 

products? 

3. What are the costs of preparing 

estimates where information required is 

not readily available? 

4. Are the unit cost estimates 

reasonable for both industry and 

government? 

5. Are there other activities associated 

with section 313 that should be 

considered? What costs are associated 

with such activities? 

XI. Rulemaking Record 

The following documents constitute 

the rulemaking record for this proposed 

rule (docket control number OPTS400002). All documents, including the 

index of this record, are available to the 

public in the OTS Reading Room from 8 

a.m. to 4 p.m., Monday through Friday, 

excluding legal holidays. The OTS 

Reading Room is located at EPA 

Headquarters, Rm. NE-G004, 401 M St., 

SW., Washington, DC 20460. The record 

includes the following information 

considered by the Agency in developing 

this proposed rule: 

1. This proposed rule. 

2. Summaries of individual meetings 

held with representatives of industry, 

public interest groups, and State 

government officials. 

3. Transcripts of public meetings held 

January 8 and 9,1987. 

4. A summary of comments received 

at the above-referenced public meetings. 

5. Written comments received in 

connection with draft materials 

distributed for review prior to the above 

referenced public meetings. 

6. The document titled "Regulatory 

Impact Analysis in Support of the 

Proposed Rulemaking Under Section 313 

of the Superfund Amendments and 

Reauthorization Act of 1986." (May 

1987). 

7. Written comments on the abovereferenced regulatory analysis. . 

8. The technical guidance document 

titled, "Guidance for Determining 

Releases and Waste Treatment 

Efficiency for the Toxic Chemical 

Release Inventory." 

9. Written comments received in 

connection with the above-referenced 

guidance document. 

10. The support document titled, 

"Toxic Chemical Release Inventory— 

Glossary of Synonyms." 

XII. Regulatory Assessment 

Requirements 

A. Executive Order 12291 

Under Executive Order 12291, EPA 

must judge whether a regulation is 

"major" and therefore requires a 

regulatory impact analysis. EPA has 

developed a regulatory impact analysis. 

This, analysis shows that the 

combination of impacts of the statutory 

provisions of section 313 and the 

interpretive provisions of this proposed 

regulation may create a first year impact 

of $472.7 million and a second year 

impact of $311.8 million. However, the 

incremental impact of EPA's form as 

represented in this proposed rule 

accounts for only 12 percent of the total 

impact. As discussed elsewhere in this 

preamble, facilities will have to report 

the information outlined in section 313 

by letter if EPA does not publish a 

uniform reporting form. In any event, 

EPA has determined that this proposed 

rule, considered in combination with the 

mandated provisions of section 313, is 

"major" because it may have an effect 

of $100 million or more on the economy. 

EPA does not, however, anticipate that 

this propo.sed rule will have a significant 

effect on competition, costs, or prices. 

This proposed regulation was 

submitted to the Office of Management 

and Budget (OMB) for review as 

required by Executive Order 12291. 

B. Regulatory Flexibility Act 

The proposed rule does not 

specifically exempt small businesses, 

nor does the statute. However, the 

statute and this proposed rule do 

exempt facilities with fewer than 10 fulltime employees or facilities whose 

chemical manufacturing, processing, or 

use activities do not meet certain 

volume thresholds. EPA estimates that 

Section 313 will require reporting from 

approximately 3 percent (8,520 of 

286,000) of all of the small 

manufacturing facilities. 
P.17 

Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21167 

Preliminary analysis of the impacts of 

the proposed rule on small entities 

(included in the RIA as an appendix) 

indicates that for some segments of the 

manufacturing sector the compliance 

costs may have a significant impact. 

Specifically, the reporting costs are 

estimated to be 2.0 to 3.0 percent of 

median sales for facilities with 10 to 19 

employees in SIC codes 25 (furniture), 27 

(printing and publishing), and 30 (rubber 

and miscellaneous plastics). The number 

of facilities affected is estimated to be 

635, which represents 0.2 percent of all 

manufacturing facilities with less than 

50 employees. The number of small 

businesses affected is not known but 

would be fewer than 635. Although this 

represents a very small percentage of all 

small facilities, the absolute numbers of 

facilities affected is of concern. 

Moreover, given the uncertainties in the 

data upon which the RIA is based, other 

reporting requirements of SARA Title III 

that may affect the same facilities, and 

concerns raised by the Small Business 

Administration, EPA believes that it is 

prudent public policy to assume that the 

requirements of the Regulatory . 

Flexibility Act (Pub. L. 96-354) have 

been triggered. 

The RIA and appendix on small 

facility impacts serves as the Initial 

Regulatory Flexibility Analysis required 

by the Regulatory Flexibility Act. EPA 

intends to revise this analysis prior to 

promulgation of the final rule. EPA 

requests comment on the methodology 

employed in the analysis, the 

breakdown of facility sizes, and the 

results of the analysis. EPA is especially 

interested in receiving comments from 

small entities in SIC codes 25, 27, and 30 

and from members of the public who 

might be affected by releases from small 

entities. In particular, EPA requests 

comment on the following issues: 

1. Are there data to support 

exemptions to the proposed rule on the 

basis of facility size (number of 

employees, sales, production volume), 

SIC code, or quantity of release. 

2. Which questions on the proposed 

form are particularly burdensome? 

3. What kind of guidance could EPA. 

provide to reduce the burden to small 

entities? 

C. Paperwork Reduction Act 

OMB has reviewed the information 

collection requirements contained in this 

proposed rule under the provisions of 

the Paperwork Reduction Act of 1980, 44 

U.S.C. 3501 et seq. Submit comments on 

these requirements to The Office of 

Information and Regulatory Affairs: 

OMB: 726 Jackson Place, NW„ 

Washington, DC 20503 marked 

"Attention Desk Officer for EPA." 

The Final Rule will respond to any 

OMB or public comments on the 

information collection requirements. 

List of Subjects in 40 CFR Part 372 

Environmental protection. Reporting 

and recordkeeping requirements, Toxic 

chemicals. 

Dated: May 27,1987. 

Lee M.Thomas, 

Administrator. 

Therefore, it is proposed that Chapter 

I of 40 CFR be amended by adding a 

new Part 372 to read as follows: 

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 who must report. 

372.10 Covered facilities. 

372.12 Thresholds for reporting. 

372.15 Reporting requirements and schedule 

for reporting. 

372.16 Recordkeeping. 

372.19 Compliance and enforcement. 

Subpart B—[Reserved] 

Subpart C—Specific Toxic Chemical 

Listings 

372.42 Generic classification of listed 

chemicals and chemical categories for 

purposes of trade secrecy claims. 

372.45 Chemicals and chemical categories to 

- which this part applies. 

Subpart D—Reporting Forms and 

Instructions 

372.65 Toxic chemical release reporting 

forms and instructions. 

Authority: Pub. L. 99-499. 

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. 

§372.3 Definitions. 

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

and 329 of Title III and not explicitly 

defined herein are used with the 

meaning given in Title III. For the 

purpose of this part: 

"Act" means Title III. 

"Article" means a manufactured item 

which is formed to a specific shape or 

design during manufacture, which has 

end use function(s) dependent in whole 

or in part upon its Shape or design 

during end use, and which has either no 

change in chemical composition during 

its end use or only those changes of 

composition which have no commercial 

purpose separate from that of the article, 

and that result from a chemical reaction 

that occurs upon end use of other 

chemical substances, mixtures, or 

articles; except that fluids and particles 

are not considered articles regardless of 

shape or design. 

"Customs territory of the United 

States" means the 50 States, the District 

of Columbia, and Puerto Rico. 

"EPA" means the United States 

Environmental Protection Agency. 

"Facility" means all buildings, 

equipment, structures, and other 

stationary items which are located on a 

single site or on contiguous or adjacent 

sites and which are owned or operated 

by the same person (or by any person 

which controls, is controlled by or under 

common control with, such person). 

"Import" means to import a chemical 

substance into the customs territory of 

the United States. 

"Manufacture" means to produce, 

prepare, import, or compound a toxic 

chemical. Manufacture also applies to 

substances that are produced 

coincidentally during the manufacture, 

processing, use, or disposal of another 

substance or mixture, including 

byproducts and coproducts that are 

separated from that other substance or 

mixture, and impurities that remain in 

that substance or mixture. 

"Otherwise use" or "otherwise used" 

means any use of a toxic chemical that 

is not covered by the terms 

"manufacture" or "process" and 

includes use of a toxic chemical 

contained in a mixture or trade name 

product. 

"Process" means the preparation of a 

toxic chemical, after its manufacture, for 

distribution in commerce— 

(1) In the same form or physical state 

as, or in a different form or physical 

state from, that in which it was received 

by the person so preparing such 

substance, or 

(2) As part of an article containing the 

toxic chemical. 

Process also applies to the processing of 

a toxic chemical contained in a mixture 

or trade name product. 

"Release" means any spilling, leaking, 

pumping, pouring, emitting, emptying, 

discharging, injecting, escaping, 

leaching, dumping, or disposing into the 

environment (including the 
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21168 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

abandonment or discarding of barrels, 

containers, and other closed 

receptacles) of any toxic chemical. 

"Title III" means Title III of the 

Superfund Amendments and 

Reauthorization Act of 1986, also titled 

the Emergency Planning and Community 

Right-To-Know Act of 1986. 

"Toxic chemical" means a chemical or 

chemical category listed in § 372.45. 

§ 372.5 Persons who must report 

Owners and operators of covered 

facilities described in § 372.10 are 

subject to the requirements of this part. 

If the owner and operator of a covered 

facility are different persons, only one 

need report for each toxic chemical 

required to be reported under this part. 

However, if no report is submitted, EPA 

will hold both the owner and the 

operator liable under section 325(c) of 

Title III. 

§ 372.10 Covered facilities. 

A facility that meets all of the 

following criteria for a calendar year is 

a covered facility for that calendar year. 

(a) The facility has 10 or more fulltime employees. 

(b) The facility is in Standard 

Industrial Classification Codes 20 

through 39 as in effect on January 1, 

1987. 

(c) The facility manufactured 

(including imported), processed, or 

otherwise used a toxic chemical in 

excess of an applicable threshold 

quantity of that chemical set forth in 

§ 372.12. 

§ 372.12 Thresholds for reporting. 

The threshold amounts for purposes of 

reporting under this Part for toxic 

chemicals are as follows: 

(a) With respect to a toxic chemical 

manufactured (including imported) or 

processed at a facility during the 

following calendar years: 

1987—75,000 pounds of the chemical for the 

year. 

1988—50,000 pounds of the chemical for the 

year. 

1989 and thereafter—25,000 pounds of the 

chemical for the year. 

(b) With respect to a chemical 

otherwise used at a facility, 10,000 

pounds of the chemical for the 

applicable calendar year. 

§ 372.15 Reporting requirements and 

schedule for reporting. 

A person subject to this Part must 

submit to EPA and to the State in which 

the covered facility is located a 

completed EPA Form R (EPA Form 7740-

20) for each toxic chemical 

manufactured (including imported), 

processed, or otherwise used in excess 

of an applicable threshold quantity in 

§ 372.12 for a calendar year. A report 

must be submitted for releases of the 

toxic chemical that occurred during that 

calendar year at that facility on or 

before July 1 of the next year. The first 

such report for calendar year 1987 must 

be submitted on or before July 1,1988. 

§ 372.16 Recordkeeping. 

(a) Each person subject to the 

reporting requirements of this Part must 

retain the following records for a period 

of 5 years following the submission of a 

report: 

(1) A copy of the report submitted by 

the person in response to the 

requirements of this Part. 

(2) All supporting materials and 

documentation used by the person to 

complete each report. 

(b) Records retained under this 

section must be retained at the facility 

to which the report applies. Such 

records must be readily available for 

purposes of inspection by EPA. 

(c) If the facility closes permanently, 

the records retained under this section 

must be transfered to and retained by 

the owner or operator of the facility. If 

there is no separate owner or operator 

then such records must be sent to EPA. 

§ 372.19 Compliance and enforcement. 

Violators of the requirements of this 

part are subject to the civil and 

administrative penalties as provided in 

section 325(c) of Title III. 

Subpart B—[Reserved] 

Subpart C—Specific Toxic Chemical 

Listings 

§ 372.42 Generic classification of listed 

chemicals and chemical categories for 

purposes of trade secrecy claims. 

The following generic classification 

names and codes are to be used when 

the identity of a chemical or chemical 

category listed in § 372.45 of this part is 

claimed a trade secret. All chemicals 

and chemical categories listed in 

§ 372.45 have been assigned one of the 

generic classifications as indicated by 

the code that appears in the column 

titled "Generic Classification Code." 

The generic classification names and 

codes are listed in the following Table 1: 

TABLE 1 .—CHEMICAL CLASSIFICATIONS 

AND CATEGORIES 

Generic classifications 

Hydrocarbons 

Halogenated alkanes 

Halogenated alkenes 

Halogenated aromatics 

Hydroxy compounds 

Ethers and epoxides..... 

Aldehydes and ketones 

Carboxylic acids, esters, anhydrides, 

lactones 

Other carboxylic acid derivatives 

Amines 

Amine derivatives 

Nitro and nitroso compounds 

Phosphorus and sulfur compounds 

Azo and hydrazo compounds 

Metal containing compounds 

Non-metal containing inorganic compounds 

Code 

C01 

C02 

C03 

C04 

C05 

C06 

C07 

008 

C09 

010 

C11 

012 

C13 

C14 

C15 

C16 

§ 372.45 Chemicals and chemical 

categories to which this part applies. 

The reporting requirements of this 

Part apply to the following chemicals 

and chemical categories. This section 

contains three listings. Paragraph (a) of 

this section is an alphabetical order 

listing of those chemicals that have an 

associated Chemical Abstracts Service 

(CAS) Registry number. Paragraph (b) of 

this section contains a CAS number 

order list of the same chemicals listed in 

paragraph (a) of this section. Paragraph 

(c) of this section contains the chemical 

categories for which reporting is 

required. These chemical categories are 

listed in alphabetical order. 

(a) Alphabetical listing. 

Chemical name 

Acetaldehyde 

Acetonitrile 

CAS No. 

75-07-0 

60-35-5 

67-64-1 

75-05-8 

53-96-3 

Generic 

classification 

code 

C07 

C09 

C07 

C11 

C10 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 
P.19 

Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21169 

Chemical name CAS No. 

Generic 

classification 

code 

Effective date 

Acrolein 

Acrylamide 

Acrylic acid 

Acrylonitrile 

Aldrin [ 1,4:5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexachloro-1,4,4a, 5,8,8a-hexahydro-

(1.alpha.,4.alpha.,4a.beta.,5.alpha.,8.alpha.,8a.beta.)-] 

Allyl chloride „ 

Aluminum (fume or dust) 

Aluminum oxide 

2-Aminoanthraquinone 

4-Aminoazobenzene 

4-Aminobiphenyl 

1-Arnino-2-methylanthraquinone 

Ammonia 

Ammonium nitrate (solution).. 

Ammonium sulfate (solution). 

Aniline 

o-Anisidine 

p-Anisidine 

o-Anisidine hydrochloride.. 

Anthracene 

Antimony 

Arsenic. 

Asbestos (friable) 

Auramine [Benzeneamine, 4,4'-carbonimidoylbis[N,N-dimethyl-].. 

Barium 

Benzal chloride.. 

Benzamide 

Benzene 

Benzidine 

Benzoic trichlorides (Benzotrichloride). 

Benzoyl chloride 

Benzoyl peroxide 

Benzyl chloride 

Beryllium 

Biphenyl.. 

Bis(2-chloroethyl) ether 

Bis(chloromethyl) ether 

Bis(2-chloro-1 -methylethyl) ether.... 

Bis(2-ethylhexyl) adipate 

Bromoform (Tribromomethane) 

Bromomethane (Methyl bromide).... 

1,3-Butadiene 

Butyl acrylate 

n-Butyl alcohol 

sec-Butyl alcohol 

/erf-Butyl alcohol 

Butyl benzyl phthalate 

1,2-Butylene oxide 

Butyraldehyde 

C.I. Acid Blue 9, diammonium salt.. 

C.I. Acid Blue 9, disodium salt 

C.I. Acid Green 3 

C.I. Basic Green 4 

C.I. Basic Red 1 

C.I. Disperse Yellow 3 

C.I. Food Red 5 

C.I. Food Red 15 „ 

C.I. Solvent Orange 7 

C.I. Solvent Yellow 3 

C.I. Solvent Yellow 14... 

C.I. Vat Yellow 4 

Cadmium 

Calcium cyanamide 

Captan [1 H-lsoindole-1,3(2H)-dione,3a,4,7,7a-tetrahydro-2- •[(trichloromethyl)thio3-]. 

Carbaryl [1-Naphthalenol,methylcarbamate] 

Carbon disulfide 

Carbon tetrachloride 

Carbonyl sulfide 

Catechol 

Chloramben [Benzoic acid, 5-amino-2,5-dichloro-l 

107-02-8 

79-06-1 

79-10-7 

107-13-1 

309-00-2 

107-05-1 

7429-90-5 

1344-28-1 

117-79-3 

60-09-3 

92-67-1 

82-28-0 

7664-41-7 

6484-52-2 

7783-20-2 

62-53-3 

90-04-0 

104-94-9 

134-29-2 

120-12-7 

7440-36-0 

7440-38-2 

1332-21-4 

492-80-8 

7440-39-3 

98-87-3 

55-21-0 

71-43-2 

92-87-5 

98-07-7 

98-88-4 

94-36-0 

100-44-7 

7440-41-7 

92-52-4 

111-44-4 

542-88-1 

108-60-1 

103-23-1 

75-25-2 

74-83-9 

106-99-0 

141-32-2 

71-36-3 

78-92-2 

75-65-0 

85-68-7 

106-88-7 

123-72-8 

2650-18-2 

3844-45-9 

4680-78-8 

569-64-2 

989-38-6 

2832-40-8 

3761-53-3 

81-88-9 

3118-97-6 

97-56-3 

842-07-9 

128-66-5 

7440-43-9 

156-62-7 

133-06-2 

63-25-2 

75-15-0 

56-23-5 

463-58-1 

120-80-9 

133-90-4 

C07 

C09 

C08 

011 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

C03 

C03 

C15 

C15 

C10 

C10 

C10 

C10 

C16 

C16 

C16 

C10 

C10 

010 

C10 

C01 

C15 

C15 

C16 

C10 

C15 

C02 

C09 

C01 

C10 

C02 

C09 

C09 

C02 

C15 

C01 

C06 

C06 

C06 

C08 

C02 

C02 

C01 

C08 

C05 

C05 

C05 

C08 

C06 

C07 

C13 

C13 

C13 

010 

C10 

C14 

014 

C10 

C14 

C14 

C14 

C07 

015 

C11 

C13 

C09 

C13 

C02 

C13 

C05 

C11 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 
21170 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

Chemical name CAS No. 

Generic 

classification 

code 

Effective date 

Chlordane [4,7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a- hexahydro-].. 

Chlorinated fluorocarbon (Freon 113)[Ethane, 1,1,2-trichloro-1,2, 2-trifluoro-I 

Chlorine 

Chlorine dioxide 

Chloroacetic acid 

2-Chloroacetophenone 

Chlorobenzene , 

Chlorobenzilate [Benzeneacetic acid, 4-chloro-.alpha.-(4-chlorophenyl)-.alpha.-hydroxy-, 

ethyl ester] 

Chloroethane (Ethyl chloride) 

Chloroform '. 

Chloromethane (Methyl chloride) 

Chloromethyl methyl ether 

Chloroprene 

Chlorothalonil [ 1,3-Benzenedicarbonitrile,2,4,5,6-tetrachloro-l 

Chromium 

Cobalt.. 

Copper 

p-Cresidine 

Cresol (mixed isomers).. 

m-Cresol 

o-Cresol 

p-Cresol 

Cumene 

Cumene hydroperoxide ;...: 

Cupferron [Benzeneamine, N-hydroxy-N-nitroso,ammonium salt! 

Cyanide compounds 

Cyclohexane 

2,4-D [Acetic acid, (2,4-dichloro-phenoxy)-] 

Decabromodiphenyl oxide 

Diallate [Carbamothioic acid, bis(l-methylethyl)-, S-(2,3- dichloro-2-propenyl) ester] 

2,4-Diaminoanisole 

2,4-Diaminoanisole sulfate 

4,4'-Diaminodiphenyl ether 

Diaminotoluene (mixed isomers) 

2,4-Diaminotoluene 

Diazomethane 

Dibenzofuran 

1,2-Dibromo-3-chloropropane (DBCP) 

1,2-Dibromoethane (Ethylene dibromide) 

Dibutyl phthalate 

Dichlorobenzene (mixed isomers) 

1,2-Dichlorobenzene 

1,3-Dichlorobenzene 

1,4-Dichlorobenzene 

3,3'-Dichlorobenzidine 

Dichlorobromomethane 

1,2-Dichloroethane (Ethylene dichloride) 

1,2-Dichloroethylene , 

Dichloromethane (Methylene chloride) 

2,4-Dichlorophenol 

1,2-Dichloropropane 

1,3-Dichloropropylene 

Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester] 

Dicofol [Benzenemethanol, 4-chloro-.alpha.-(4-chlorophenyl).alpha.-(trichloromethyl)-]. 

Diepoxybutane 

Diethanolamine 

Di-(2-ethylhexyl) phthalate (DEHP) '. 

Diethyl phthalate 

Diethyl sulfate 

3,3'-Dimethoxybenzidine 

4-Dimethylaminoazobenzene ; 

3,3'-Dimethylbenzidine(o-Tolidine) 

Dimethylcarbamyl chloride 

1,1-Dimethyl hydrazine 

2,4-Dimethylphenol 

Dimethyl phthalate '. 

Dimethyl sulfate :. 

4,6-Dinitro-o-cresol 

2,4-Dinitrophenol 

2,4-Dinitrotoluene 

57-74-9 

76-13-1 

7782-50-5 

10049-04-4 

79-11-8 

532-27-4 

108-90-7. 

510-15-6 

75-00-3 

67-66-3 

74-87-3 

107-30-2 

126-99-8 

, 1897-45-6 

7440-47-3 

7440-48-4 

7440-50-8, 

120-71-8 

1319-77-3 

108-39-4 

95-48-7 

106-44-5 

98-82-8 

80-15-9 

135-20-6 

57-12-5 

110r82-7 

94-75-7 

1163-19-5 

2303-16-4 

615-05-4 

39156-41-7 

101-80-4 

25376-45-8 

95-80-7 

334-88-3 

132-64-9 

96-12-8 

106-93-4 

84-74-2 

25321-22-6 

95-50-1 

541-73-1 

106-46-7 

91-94-1 

75-27-4 

107-06-2 

540-59-0 

75-09-2 

120-83-2 

78-87-5 

542-75-6 

62-73-7 

115-52-2 

1464-53-5 

111-42-2 

117-81-7 

84-66-2 

64-67-5 

119-90-4 

60-11-7 

119-93-7 

79-44-7 

57-14-7 

105-67-9 

131-11-3 

77-78-1 

534-52-1 

51-28-5 

121-14-2 

COS 

C02 

016 

C16 

C08 

C07 

C04 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

COS 

C02 

C02 

C02 

C06 

003 

C09 

C15 

C15 

C15 

006 

C05 

005 

C05 

C05 

COI 

C05 

C12 

C16 

C01 

COS 

C04 

C13 

C10 

C10 

C10 

C10 

C10 

C11 

C06 

C02 

C02 

C08 

C04 

004 

C04 

C04 

C10 

C02 

C02 

C03 

C02 

C04 

C02 

C03 

C13 

004 

C06 

C10 

008 

C08 

C13 

C10 

C10 

C10 

C09 

C11 

C05 

COS 

C13 

C12 

C12 

C12 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

. 01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

. 01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 
P.21 

Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21171 

Chemical name CAS No. 

606-20-2 

117-84-0 

123-91-1 

12.2-66-7 

1937-37-7 

2602-46-2 

16071-86-6 

106-89-8 

110-80-5 

140-88-5 

100-41-4 

541-41-3 

74-85-1 

107-21-1 

151-56-4 

75-21-8 

96-45-7 

2164-17-2 

50-00-0 

76-44-8 

118-74-1 

87-68-3 

77-47-4 

67-72-1 

1335-87-1 

680-31-9 

302-01-2 

10034-93-2 

764-01-07 

74-90-8 

7664-39-3 

123-31-9 

78-84-2 

67-63-0 

80-05-7 

7439-92-1 

58-89-9 

108-31-6 

12427-38-2 

7439-96-5 

108-78-1 

7439-97-6 

67-56-1 

72-43-5 

109-86-4 

96-33-3 

1634-04-4 

101-14-4 

101-61-1 

101-68-8 

74-95-3 

101-77-9 

78-93-3 

60-34-4 

74-88-4 

108-10-1 

624-85-9 

80-62-6 

90-94-8 

1313-27-5 

505-60-2 

91-20-3 

134-32-7 

91-59-8 

7440-02-0 

7697-37-2 

139-13-9 

99-59-2 

98-95-3 

92-93-3 

Generic 

classification 

code 

C12 

C08 

C06 

C11 

C14 

C14 

C14 

C06 

C06 

C08 

C01 

C09 

C01 

C05 

C11 

C06 

C13 

C09 

C07 

C03 

C04 

C03 

C03 

C02 

C04 

C13 

C11 

C11 

C16 

C16 

C16 

C07 

C07 

C05 

C05 

C15 

C02 

C08 

C16 

C15 

C10 

C15 

C05 

C03 

C06 

C08 

C06 

010 

C10 

C11 

C02 

C10 

C07 

C11 

C02 

C07 

C11 

C08 

C07 

C15 

C13 

C01 

C10 

C10 

C15 

C16 

C08 

C12 

C12 

C12 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

2,6-Dinitrotoluene 

/7-Dioctyl phthalate 

1,4-Dioxane 

1,2-Diphenylhydrazine(Hydrazobenzene) 

Direct Black 38 

Direct Blue 6 

Direct Brown 95 

Epichlorohydrin 

2-Ethoxyethanol 

Ethyl acrylate 

Ethylbenzene 

Ethyl chloroformate 

Ethylene 

Ethylene glycol 

Ethyleneimine (Aziridine) „ 

Ethylene oxide 

Ethylene thiourea 

Fluometuron [Urea, N,N-dimethyl-N'-[3-(trifluoromethyl)phenyl]-] 

Formaldehyde _ 

Heptachlor [1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7- methano-1 H-indene] 

Hexachlorobenzene 

Hexachloro 1,3-butadiene 

Hexachlorocyclopentadiene 

Hexachloroethane 

Hexachloronaphthalene 

Hexamethylphosphoramide 

Hydrazine 

Hydrazine sulfate 

Hydrochloric acid 

Hydrogen cyanide 

Hydrogen fluoride 

Hydroquinone 

Isobutyraldehyde 

Isopropyl alcohol (mfg.—strong acid processes) 

4,4'-lsopropylidenediphenol 

Lead 

Lindane [Cyclohexane, I^.SAS.e-hexachloro-.O.alpha.^.alpha., 3.beta, 

4.alpha.,5.alpha.,6.beta.)-] .' 

Maleic anhydride 

Maneb [Carbamodithioic acid, 1,2-ethanediylbis-, manganese complex] 

Manganese 

Melamine 

Mercury 

Methanol .-

Methoxychlor [Benzene, 1,1'-(2,2 2-trichloroethylidene)bis[4-methoxy-] 

2-Methoxyethanol 

Methyl acrylate 

Methyl terr-butyl ether ; 

4,4'-Meth lenebis(2-chloro aniline) (MBOCA) 

4,4'-Methylenebis(/V/V-dimethyl) benzenamine 

Methylenebis(phenylisocyanate) (MBI) 

Methylene bromide 

4,4'-Methylenedianiline 

Methyl ethyl ketone 

Methyl hydrazine 

Methyl iodide 

Methyl isobutyl ketone 

Methyl isocyanate 

Methyl methacrylate 

Michler's ketone 

Molybdenum trioxide 

Mustard gas [Ethane, 1,1'-thiobis[2-chloro-] 

Naphthalene 

3//>/?a-Naphthylamine „ 

fcefa-Naphthylamine 

Nickel ; 

Nitric acid 

Nitrilotriacetic acid 

5-Nitro-o-anisidine 

Nitrobenzene 

4-Nitrobiphenyl 
21172 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

Chemical name C AS No. 

1836-75-5 

51-75-2 

55-63-0 

88-75-5 

100-02-7 

79-46-9 

156-10-5 

121-69-7 

924-16-3 

55-18-5 

62-75-9 

86-30-6 

621-64-7 

4549-40-0 

59-89-2 

759-73-9 

684-93-5 

16543-55-8 

100-75-4 

2234-13-1 

20816-12-0 

56-38-2 

87-86-5 

79-21-0 

108-95-2 

106-50-3 

90-43-7 

75-44-5 

7664-38-2 

7723-14-0 

85-44-9 

88-89-1 

1336-36-3 

1120-71-4 

57-57-8 

123-38-6 

114-26-1 

115-07-1 

75-55-8 

75-56-9 

110-86-1 

91-22-5 

106-51-4 

82-68-8 

81-07-2 

94-59-7 

7782-49-2 

7440-22-4 

1310-73-2 

7757-82-6 

. 100-42-5 

96-09-3 

7664-93-9 

100-21-0 

79-34-5 

127-18-4 

961-11-5 

7440-28-0 

62-55-5 

139-65-1 

62-56-6 

1314-20-1 

13463-67-7 

7550-45-0 

108-88-3 

584-84-9 

91-08-7 

95-53-4 

636-21-5 

8001-35-2 

Generic 

classification 

code 

C15 

C10 

C12 

012 

C12 

C12 

C12 

C10 

C12 

012 

012 

C12 

C12 

C12 

C12 

C12 

C12 

C12 

C12 

C04 

C15 

013 

004 

C09 

C05 

C10 

C05 

C09 

C16 

C16 

C08 

C08 

C04 

C13 

. 008 

C07 

C09 

C01 

C11 

C06 

C11 

C11 

007 

012 

C09 

C06 

C16 

C15 

C16 

C16 

C01 

C06 

C16 

C08 

C02 

C03 

C13 

C15 

C13 

C13 

C13 

C15 

. C15 

C15 

C01 

C11 

C11 

C10 

C10 

C02 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

Nitrofen [Benzene, 2,4-dichloro-1-(4-nitrophenoxy)-] 

Nitrogen mustard [2-Chloro-N-(2-chloroethyl)-N-methylelhanamine]. 

Nitroglycerin 

2-Nitrophenol '. 

4-Nitrophenol.. 

2-Nitropropane 

p Nitrosodiphenylamine 

/V,A/-Dimethylaniline 

A/-Nitrosodi-/7-butylamine 

AZ-Nitrosodiethylamine 

/V-Nitrosodimethylamine ... 

/V-Nitrosodiphenylamine 

A/-Nitrosodi-rt-propylamine 

/V-Nitrosomethylvinylamine 

AV-Nitrosomorpholine 

/V-Nitroso-/V-ethylurea .: 

/V-Nitroso-ZV-methylurea 

/V-Nitrosonornicotine 

/V-Nitrosopiperidine 

Octachloronaphthalene 

Osmium tetroxide 

Parathion [Phosphorothioic acid, 0,0-dieth 1-0-(4-nitrophenyl)ester]. 

Pentachlorophenol (PCP) 

Peracetic acid 

Phenol 

p-Phenylenediamine. 

2-Phenylphenol 

Phosgene. 

Phosphoric acid 

Phosphorus (yellow or white). 

Phthalic anhydride 

Picric acid 

Polychlorinated biphenyls (PCBs) '. 

Propane sultone ..„ 

fce/a-Propiolactone 

Propionaldehyde 

Propoxur [Phenol, 2-(1-methylethoxy)-,methylcarbamate]., 

Propylene (Propene) 

Propyleneimine 

Propylene oxide „ , 

Pyridine.. 

Ouinoline 

Quinone 

Quintozene [Benzene, pentachloronitro-] 

Saccharin (manufacturing) [1,2-Benzisothiazol-3(2H)-one,1,1-dioxide]. 

Safrole 

Selenium 

Silver and compounds 

Sodium hydroxide (solution). 

Sodium sulfate (solution) 

Styrene., 

Styrene oxide 

Sulfuric acid 

Terephthalic acid 

1.1,2,2-Tetrachloroethane 

Tetrachloroethylene (Perchloroethylene) 

Tetrachlorvinphos [Phosphoric acid, 2-chlor6-1-(2,4,5-trichlorophenyl)ethenyl dimethyl 

ester] 

Thallium ; 

Thioacetamide 

4,4'-Thiodianiline 

Thiourea 

Thorium dioxide 

Titanium dioxide 

Titanium tetrachloride........ 

Toluene 

Toluene 2,4 diisocyanate.. 

Toluene-2,6-diisocyanate.. 

o-Toluidine 

o-Toluidine hydrochloride.. 

Toxaphene -. 
P.23 

Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21173 

Chemical name CAS No. 

Generic 

classification 

code 

Effective date 

Triaziquone [2,5-Cyclohexadiene-1,4-dione,2,3,5-tris(1-aziridinyl)-] 

Tnchlorfon [Phosphonic acid, (2,2,2-trichloro-1-hydroxyethyl)-,dimethyl ester] 

1,2,4-Trichlorobenzene 

1,1,1-Trichloroethane (Methyl chloroform) 

1,1,2-Trichloroethane ;. ; 

Trichloroethylene .; :. •....:.....;. 

2,4,5-Trichlorophenol ; 

2,4,6 Trichlorophenol ; 

Trifluralin [Benzeneamine, 2,6-dinitro-N,N-dipropyi-4-(trifluoromethyl)-].... 

1,2,4-Trimethylbenzene 

Tris(2,3-dibromopropyl) phosphate 

Urethane (Ethyl carbamate) „. 

Vanadium (fume or dust)

 :

. .!....„„...... .'..... 

Vinyl acetate.... ; 

Vinyl bromide 

Vinyl chloride ; 

Vinylidene chloride..... 

Xylene (mixed isomers) 

m-Xylene 

o-Xylene ; 

p-Xylene 

2,6-Xylidine : 

Zinc (fume or dust) 

Zineb [Carbamodithioic acid, 1,2-ethanediylbis-, zinc complex] 

68-76-8 

52-68-6 

120-82-1 

71-55-6 

79-00-5 

79-01-6 

95-95-4 

88-06-2 

1582-09-8 

95-63-6 

126-72-7 

51-79-6 

7440-62-2 

108-05-4 

593-60-2 

75-01-4 

75-35-4 

1330-20-7 

108-38-3 

95-47-6 

106-42-3 

87-62-7 

7440-66-6 

12122-67-7 

C11 

C13 

C04 

C02 

C02 

C03 

C04 

C04 

C12 

C01 

C13 

C09 

C15 

C08 

C03 

C03 

C03 

C01 

C01 

C01 

C01 

C10 

C15 

C15 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

M/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

(b) CAS Number listing. 

CAS No. Chemical name 

Generic 

classification 

code 

C07 

C12 

C10 

C09 

C13 

C10 

C12 

009 

C12 

C02 

C13 

C16 

C11 

COB 

C03 

C02 

C12 

C10 

C10 

C11 

C09 

C10 

C13 

C13 

C13 

C12 

C09 

C13 

C05 

C05 

C07 

C02 

C02 

C11 

C05 

C01 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

50-00-0 

51-28 5 

51-75-2 

51-79-6 

52-68-6 

53-96-3 

55-18-5 

55-21-0 

55-63-0 

56-23-5 

56-38-2 

57-12-5 

57-14-7 

57-57-6 

57-74-9 

58-89-9 

59-89-2 

60-09-3 

60-11-7 

60-34-4 

60-35-5 

62-53-3 

62-55-5 

62-56-6 

62-73-7 

62-75-9 

63-25-2 

64-67-5 

67-56-1 

67-63-0 

67-64-1 

67-66-3 

67-72-1 

68-76-8 

71-36-3 

71-43-2 

Formaldehyde : ...;.„....; 

2,4-Dinitrophenol 

Nitrogen mustard [2-Chloro-N-(2-chloroethyl) -N-methylethanamine] 

Urethane (Ethyl carbamate) :.. 

Trichlorfon [Phosphonic acid, (2,2,2-trichloro-1-hydroxyethyl)-, dimethyl ester].. 

2-Acetylaminofluorene 

rV-Nitrosodiethylamine ; 

Benzamide -. 

Nitroglycerin 

Carbon tetrachloride 

Parathion [Phosphorothioic acid, 0, 0-diethyl 1-0-(4-nitrophenyl) ester].....'..... 

Cyanide compounds , 

1,1-Dimethyl hydrazine 

oe/a-Propiolactone 

Chlordane [4, 7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydror] 

Lindane [Cyclohexane 1,2,3,4,5,6-hexachloro-,(1.alpha.,2. 

alpha.,3.beta.,4.alpha.,5.alpha.,6.beta.)-]. 

W-Nitrosomorpholine 

4-Aminoazobenzene ....'. '. :'. , 

4-Dimethylaminoazobenzene 

Methyl hydrazine ; 

Acetamide ; 

Aniline ;. 

Thioacetamide 

Thiourea .-. 

Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester] 

/V-Nitrosodimethylamine 

Carbaryl [1-Naphthalenol methylcarbamate] 

Diethyl sulfate 

Methanol 

Isopropyl alcohol (mfg.—strong acid processes) 

Acetone : ....; 

Chloroform '..: 

Hexachloroethane ; : '. : .". 

Triaziquone [2,5-Cyclohexadiene-1,4-dione, 2,3,5-tris (1-aziridinyl)-].. 

/>Butyl alcohol ; ....:.;..... 

Benzene ..; ; ; 
P.24 

21174 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

CAS No. Chemical name 

Generic 

classification 

code 

C02 

C03 

C02 

C01 

C02 

002 

C16 

C02 

C02 

C03 

011 

C07 

C02 

013 

C06 

002 

002 

003 

C09 

C11 

C06 

C05 

C02 

003 

C03 

C13 

C07 

C02 

C05 

C07 

002 

C03 

009 

C08 

008 

009 

C02 

009 

C12 

C05 

C05 

C08 

C09 

C10 

010 

012 

008 

COS 

C08 

C08 

C12 

C10 

C03 

C04 

C04 

012 

COS 

C10 

C05 

C07 

011 

C01 

C11 

C10 

C10 

C01 

C10 

C10 

C12 

C09 

C06 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/S7 

71-55-6 

72-43-5 

74-83-9 

74-85-1 

74-87-3 

74-88-4 

74-90-8 

74-95-3 

75-00-3 

75-01-4 

75-05-8 

75-07-0 

75-09-2 

75-15-0 

75-21-8 

75-25-2 

75-27-4 

75-35-4 

75-44-5 

75-55-8 

75-56-9 

75-65-0 

76-13-1 

76-44-8 

77-47-4 

77-78-1 

78-84-2 

78-87-5 

78-92-2 

78-93-3 

79-00-5 

79-01-6 

79-06-1 

79-10-7 

79-11-8 

79-21-0 

79-34-5 

79-44-7 

79-46-9 

80-05-7 

80-15-9 

80-62-6 

81-07-2 

81-88-9 

82-28-0 

82-68-8 

84-66-2 

84-74-2 

85-44-9 

85-68-7 

86-30-6 

87-62-7 

87-68-3 

87-86-5 

88-06-2 

88-75-5 

88-89-1 

90-04-0 

90-43-7 

90-94-8 

91-08-7 

91-20-3 

91-22-5 

91-59-8 

91-94-1 

92-52-4 

92-67-1 

92-87-5 

92-93-3 

94-36-0 

94-59-7 

1,1,1-Trichloroethane (Methyl chloroform) 

Methoxychlor [Benzene, 1,1'-(2,2, 2-trichloroethylidene)bis [4-methoxy-]. 

Bromomethane (Methyl bromide) 

Ethylene.. 

Chloromethane (Methyl chloride) 

Methyl iodide 

Hydrogen cyanide 

Methylene bromide 

Chloroethane (Ethyl chloride) 

Vinyl chloride 

Acetonitrile 

Acetaldehyde 

Dichloromethane (Methylene chloride). 

Carbon disulfide 

Ethylene oxide 

Bromoform (Tribromomethane) 

Dichlorobromomethane 

Vinylidene chloride 

Phosgene.. 

Propyleneimine , 

Propylene oxide 

tert-Butyl alcohol 

Chlorinated fluorocarbon (Freon 113) [Ethane, 1,1,2-trichloro-1,2,2-trifluoro-] 

Heptachlor [1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methano-1 H-indene]. 

Hexachlorocyclopentadiene 

Dimethyl sulfate 

Isobutyraldehyde 

1,2-Dichloropropane 

sec-Butyl alcohol 

Methyl ethyl ketone 

1,1,2-Trichloroethane 

Trichloroethylene 

Acrylamide 

Acrylic acid 

Chloroacetic acid 

Peracetic acid 

1,1,2,2-Tetrachloroethane.... 

Dimethylcarbamyl chloride 

2-Nitropropane 

4,4'-lsopropylidenediphenol 

Cumene hydroperoxide 

Methyl methacrylate 

Saccharin (manufacturing) [1,2-Benzisothiazol-3(2H)- one, 1,1-dioxide] 

C.I. Food Red 15 

1-Amino-2-methylanthraquinone 

Quintozene [Pentachloronitrobenzene] 

Diethyl phthalate 

Dibutyl phthalate 

Phthalic anhydride 

Butyl benzyl phthalate 

A'-Nitrosodiphenylamine 

2,6-Xylidine .'. 

Hexachloro-1,3-butadiene 

Pentachlorophenol (POP) 

2,4,6-Trichlorophenol 

2-Nitrophenol 

Picric acid 

o-Anisidine 

2-Phenylphenol .'..-. 

Michler's ketone 

Toluene-2,6-diisocyanate 

Naphthalene 

Quinoline 

£ete-Naphthylamine 

3,3'-Dichlorobenzidine.. 

Biphenyl 

4-Aminobiphenyl 

Benzidine 

4-Nitrobiphenyl 

Benzoyl peroxide 

Safrole 
P.25 

Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21175 

CAS No. Chemical name 

Generic 

classification 

code 

Effective date 

94-75-7 

95-47-6 

95-48-7 

95-50-1 

95-53-4 

95-63-6 

95-80-7 

95-95-4 

96-09-3 

96-12-8 

96-33-3 

96-45-7 

97-56-3 

98-07-7 

98-82-8 

98-87-3 

98-88-4 

98-95-3 

99-59-2 

100-02-7 

100-21-0 

100-41-4 

100-42-5 

100-44-7 

100-75-4 

101-14-4 

101-61-1 

101-68-8 

101-77-9 

101-80-4 

103-23-1 

104-94-9 

105-67-9 

106-42-3 

106-44-5 

106-46-7 

106-50-3 

106-51-4 

106-88-7 

106-89-8 

106-93-4 

106-99-0 

107-02-8 

107-05-1 

107-06-2 

107-13-1 

107-21-1 

107-30-2 

108-05-4 

108-10-1 

108-31-6 

108-38-3 

108-39-4 

108-60-1 

108-78-1 

108-88-3 

108-90-7 

108-95-2 

109-86-4 

110-80-5 

110-82-7 

110-86-1 

111-42-2 

111-44-4 

114-26-1 

115-07-1 

115-32-2 

117-79-3 

117-81-7 

117-84-0 

118-74-1 

2,4-D [Acetic acid, (2,4-dichlorophenoxy)-].. 

o-Xylene 

o-Cresol '. 

1,2-Dichlorobenzene 

o-Toluidine ......... 

1,2,4-Trimethyl benzene 

2,4-Diaminotoluene :....... 

2,4,5-Trichlorophenol .....:..'.. ; 

Styrene oxide ; 

1,2-Dibromo-3-chlpropropane (DBCP). 

Methyl acrylate 

Ethylene thiourea 

C.I. Solvent Yellow 3 

Benzoic trichloride (Benzotrichloride).. 

Cumene 

Benzal chloride 

Benzoyl chloride.... 

Nitrobenzene 

5-Nitro-o-anisidine. 

4-Nitrophenol 

Terephthalicacid... 

Ethylbenzene 

Styrene.. 

Benzyl chloride 

/V-Nitrosopiperidine.. .....; 

4,4'-Methylenebis(2-chloroaniline) (MBOCA).... 

4,4'-Methylenebis(/V,/V-dimethyl)benzenamine.. 

Methylenebis(phenyliso cyanate) (MBI) 

4,4'-Methylenedianiline ........ 

4,4'-Diaminodiphenyl ether... 

Bis(2-ethylhexyl) adipate : 

p-Anisidine 

2,4-Dimethylphenol 

p-Xylene 

p-Cresol. 

1,4-Dichlorobenzene. 

p-Phenylenediamine.. 

Quinone 

1,2-Butylene oxide 

Epichlorohydrin 

1,2-Dibromoethane (Ethylene dibromide). 

1,3-Butadiene 

Acrolein : '. 

Allyl chloride :...... ;.... 

1,2-Dichloroethane (Ethylene dichloride).. 

Acrylonitrile ; ...... 

Ethylene glycol ; 

Chloromethyl methyl ether 

Vinyl acetate 

Methyl isobutyl ketone 

Maleic anhydride : 

m-Xylene 

/n-Cresol. 

Bis(2-chloro-1-methylethyl)-ether.. 

Melamine .:.:........... 

Toluene :.............. 

Chlorobenzene 

Phenol 

2-Methoxyethanol. 

2-Ethoxyethanol 

Cyclohexane 

Pyridine. 

Diethanolamine .'..'...„ 

Bis(2-chloroethyl) ether...: 

Propoxur [Phenol, 2-(1-methylethoxy)-,methylca'rbamafe] 

Propylene (Propene) :.....;...: 

Dicofol [Benzenemethanol, 4-chloro-.alpha.-(4-chlorophehyl)-.alpha.-(trichloromethyl)-].. 

2-Aminoanthraquinone 

Di(2-ethylhexyl) phthalate (DEHP) 

/7-Dioctyl phthalate -. 

Hexachlorobenzene 

C08 

C01 

C05 

C04 

C10 

C01 

C10 

C04 

C06 

C02 

C08 

C13 

C14 

C02 

C01 

C02 

C09 

C12 

C12 

C12 

COS 

C01 

C01 

C02 

C12 

010 

010 

C11 

010 

C10 

008 

C10 

C05 

C01 

C05 

C04 

C10 

C07 

C06 

C06 

C02 

C01 

C07 

C03 

C02 

C11 

C05 

C06 

COS 

C07 

COB 

C01 

C05 

C06 

C10 

C01 

C04 

C05 

C06 

C06 

C01 

C11 

C10 

C06 

C09 

C01 

C04 

C10 

C08 

C08 

C04 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 
21176 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

CAS No. Chemical name 

Generic 

classification 

code 

C10 

C10 

C01 

C06 

C05 

004 

004 

C12 

C10 

011 

C07 

C07 

007 

006 

C13 

003 

C03 

C07 

C08 

C06 

013 

C11 

C10 

C10 

012 

C08 

C13 

C08 

C08 

011 

C12 

C11 

C11 

C03 

C11 

C13 

C10 

C13 

COS 

C07 

C12 

C03 

C09 

004 

C03 

C06 

C10 

C11 

C03 

C12 

010 

C12 

C11 

CIO 

C13 

012 

012 

014 

012 

013 

010 

C13 

004 

016 

015 

015 

C05 

001 

C16 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/()1/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

119-90-4 

119-93-7 

120-12-7 

120-71-8 

120-80-9 

120-82-1 

120-83-2 

121-14-2 

121-69-7 

122-66-7 

123-31-9 

123-38-6 

123-72-8 

123-91-1 

126-72-7 

126 99-8 

127-18-4 

128-66-5 

131-11-3 

132-64-9 

133-06-2 

133-90-4 

134-29-2 

134-32-7 

135-20-6 

139-13-9 

139-65-1 

140-88-5 

141-32-2 

151-56-4 

156-10-5 

156-62-7 

302-01-2 

309-00-2 

334-88-3 

463-58-1 

492-80-8 

505-60-2 

510-15-6 

532-27-4 

534-52-1 

540-59-0 

541-41-3 

541-73-1 

542-75-6 

542-88-1 

569-64-2 

584-84-9 

593-60-2 

606-20-2 

615-05-4 

621-64-7 

624-83-9 

636-21-5 

680-31-9 

684-93-5 

759-73-9 

842-07-9 

924-16-3 

961-11-5 

989-38-8 

1120-71-4 

1163-19-5 

1310-73-2 

1313-27-5 

1314-20-1 

1319-77-3 

1330-20-7 

1332-21-4 

3,3'-Dimethoxybenzidine 

3,3'-Dimethylbenzidine (o-Tolidine). 

Anthracene 

p-CreskJine 

Catechol 

1,2,4-Trichlorobenzene 

2,4-Dichlorophenol 

2,4-Dinitrotoluene 

/V,/V-Dimethylaniline 

1,2-Diphenylhydrazine(Hydrazobenzene) 

Hydroquinone 

Propionaldehyde 

Butyraldehyde 

1,4-Dioxane „.... 

Tris-2,3-dibromopropyl) phosphate „ 

Chloroprene .-. 

Tetrachloroethylene (Perchloroethylene) 

C.I. Vat Yellow 4 

Dimethyl phthalate 

Dibenzofuran ... 

Captan [1 H-lsoindole-1,3(2H)-dione,3a,4,7,7a-tetrahydro-2- [(trichloromethyl)thio]-].. 

Chloramben [Benzoic acid, 3-amino-2,5-dichloro-] 

o-Anisidine hydrochloride 

a/p/ia-Naphthylamine 

Cupferron [Benzeneamine, N-hydroxy-N-nitroso, ammonium salt] 

Nitrilotriacetic acid 

4,4'-Thiodianiline 

Ethyl acrylate 

Butyl acrylate 

Ethyleneimine (Aziridine) , 

p-Nitrosodiphenylamine 

Calcium cyanamide 

Hydrazine 

Aldrin[1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-

(1.alpha,4.alpha.,4a.beta.,5.alpha. 8.alpha.,8a .beta.)-]:. 

Diazomethane , 

Carbonyl sulfide 

Auramine [Benzeneamine, 4 4'-carbonimidoylbis[tN,N- dimethyl-] 

Mustard gas [Ethane, 1,1'-thiobis [2-chloro-] 

Chlorobenzilate [Benezeneacetic acid, 4-chloro-.alpha.-(4-chlorophenyl)-.alpha.hydroxy-, 

ethyl ester]. 

2-Chloroacetophenone 

4,6-Dinitro-o-cresol 

1,2-Dichloroethylene 

Ethyl chloroformate , 

1,3-Dichlorobenzene..; 

1,3-Dichloropropylene , 

Bis(chloromethyl) ether 

C.I. Basic Green 4 

Toluene-2,4-diisocyanate 

Vinyl bromide 

2,6-Dinitrotoluene 

2,4-Diaminoanisole ; , 

/V-Nitrosodi-/>propylamine ;. 

Methyl isocyanate 

o-Toluidine hydrochloride 

Hexamethylphosphoramide 

A/-Nitroso-A'-methylurea 

A'-Nitroso-A'-methylurea 

C.I. Solvent Yellow 14 

A/-Nitrosodi-rj-butylamine 

Tetrachlorvinphos [Phosphoric acid, 2-chloro-1-(2,4,5-trichlorophenl) ethenyl dimethyl ester] 

C.I. Basic Red 1 

Propane sultone 

Decabromodiphenyl oxide 

Sodium hydroxide (solution) 

Molybdenum trioxide 

Thorium dioxide 

Cresol (mixed isomers) 

Xylene (mixed isomers) 

Asbestos (friable) _ 
P.27 

Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21177 

CAS No. Chemical name 

1335-87-1 

1336-36-3 

1344-28-1 

1464-53-5 

1582-09-8 

1634-04-4 

1836-75-5 

1897-45-6 

1937-37-7 

2164-17-2 

2234-13-1 

2303-16-4 

2602-46-2 

2650-18-2 

2832-40-8 

3118-97-6 

3761-53-3 

3844-45-9 

4549-40-0 

4680-78-8 

6484 52-2 

7429-90-5 

7439-92-1 

7439-96-5 

7439-97-6 

7440-02-0 

7440-22-4 

7440-28-0 

7440-36-0 

7440-38-2 

7440-39-3 

7440-41-7 

7440-43-9 

7440-47-3 

7440-48-4 

7440-50-8 

7440-62-2 

7440-66-6 

7550-45-0 

7647-01-0 

7664-38-2 

7664-39-3 

7664-41-7 

7664-93-9 

7697-37-2 

7723-14-0 

7757-82-6 

7782-49-2 

7782-50-5 

7783-20-2 

8001-35-2 

10034-93-2 

10049-04-4 

12122-67-7 

12427-38-2 

13463-67-7 

16071-86-6 

16543-55-8 

20816-12-0 

25321-22-6 

25376-45-8 

39156-41-7 

Hexachloronaphthalene 

Polychlorinated biphenyls (PCBs) 

Aluminum oxide 

Jiepoxybutane 

Trifluralin [Benzeneamine, 2,6-dinitro-N,N-dipropyW-(trifluoromethyl)-] 

Methyl tert-butyl ether 

Nitrofen [ Benzene, 2,4-dichloro-1 -(4-nitrophenoxy)-] 

Chlorothalonil [1-3-Benzenedicarbonitrile, 2,4,5,6-tetrachloro-J 

Direct Black 38 „ _ 

Fluometuron [Urea, N,N-dimethyl-N'- [3-(trifluoromethyl)phenyl]-] 

Octachloronaphthalene „ 

Diallate [Carbamothioic acid, bis(l-methylethyl)-, S-(2,3- dichloro-2-propenyl) ester].. 

Direct Blue 6 

C.I. Acid Blue 9, diammonium salt 

C.I. Disperse Yellow 3 

C.I. Solvent Orange 7 

C.I. Food Red 5 L. 

C.I. Acid Blue 9, disodium salt , 

A/-Nitrosomethylvinylamine , 

C.I. Acid Green 3 

Ammonium nitrate (solution) , 

Aluminum (fume or dust) 

Lead 

Manganese.. 

Mercury 

Nickel. 

Silver 

Thallium.... 

Antimony... 

Arsenic 

Barium 

Beryllium ... 

Cadmium... 

Chromium. 

Cobalt 

Copper 

Vanadium (fume or dust). 

Zinc (fume or dust) 

Titanium tetrachloride 

Hydrochloric acid 

Phosphoric acid 

Hydrogen fluoride 

Ammonia -

Sulfuric acid 

Nitric acid 

Phosphorus (yellow or white).. 

Sodium .sulfate (solution) 

Selenium ~ „ 

Chlorine 

Ammonium sulfate (solution).. 

Toxaphene. 

Hydrazine sulfate 

Chlorine dioxide 

Zineb [Carbamodithioic acid, 1,2-ethanediylbis-, zinc complex] 

Maneb [Carbamodithioic acid, 1,2-ethanediylbis-, manganese complex]. 

Titanium dioxide 

Direct Brown 95 „ 

A/-Nitrosonornicotine 

Osmium tetroxide 

Dichlorobenzene (mixed isomers) 

Diaminotoluene (mixed isomers) 

2,4-Diaminoanisole sulfate 

Generic 

classification 

code 

C04 

C04 

C15 

C06 

C12 

C06 

015 

C09 

C14 

C09 

C04 

013 

014 

013 

014 

014 

014 

C13 

012 

013 

016 

C15 

C15 

015 

015 

C15 

015 

C15 

C15 

C15 

C15 

015 

C15 

015 

C15 

C15 

C15 

C15 

C15 

C16 

C16 

016 

C16 

016 

C16 

C16 

C16 

C16 

016 

016 

C02 

C11 

016 

015 

016 

C15 

014 

012 

015 

C04 

010 

010 

Effective date 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 
21178 Federal Register / Vol 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

(c) Chemical categories in alphabetical order. 

Category name 

Generic 

classification 

code 

Effective date 

Antimony compounds—includes any unique chemical substance that contains antimony as part of that 

chemical's infrastructure 

Arsenic compounds—includes any unique chemical substance that contains arsenic as part of that 

chemical's infrastructure _ 

Barium compounds—includes any unique chemical substance that contains barium as part of that chemical's 

infrastructure 

Beryllium compounds—includes any unique chemical substance that contains beryllium as part of that 

chemical's infrastructure -. 

Cadmium compounds—includes any unique chemical substance that contains cadmium as part of that 

chemical's infrastructure 

Chlorophenols , 

OH 

-Clx 

(5-x) 

Where x=1 to 5 

Chromium compounds—includes any unique chemical substance that contains chromium as part of that 

chemical's infrastructure 

Cobalt compounds—includes any unique chemical substance that contains cobalt as part of that chemical's 

infrastructure 

Copper compounds—includes any unique chemical substance that contains copper as part of that chemical's infrastructure '. _ 

Cyanide compounds—X* CN~ where X=H* or any other group where a formal dissociation can be made. 

For example KCN. or Ca(CN)* 

Glycol ethers—includes mono- and di- ethers of ethylene glycol, diethylene glycol, and Methylene glycol.......... 

R-(OCH2CH2)n-°,u 

Where 

n=1,2. or 3 

R=alkyt or aryl groups. 

R'=R, H, or groups which, when removed, yield glycol ethers with the structure: 

R-(OCH2CH)n-0„ 

Polymers are excluded from this category 

Lead compounds—includes any. unique chemical substance that contains lead as part of that chemical's 

infrastructure.. . .'. 

Manganese compounds—includes any unique chemical substance that contains manganese as part of that 

chemical's infrastructure 

Mercury compounds—includes any unique chemical substance that contains mercury as part of that 

chemical's infrastructure '. 

Nickel compounds—includes any unique chemical substance that contains nickel as part of that chemical's 

infrastructure _ 

Polybrominated biphenyls (PBBs) 

H

(IO-x) 

Wherex=1to10 

Selenium compounds—includes any unique chemical substance that contains selenium as part of that 

chemical's infrastructure 

Silver compounds—includes any unique chemical substance that contains silver as part of that chemical's 

infrastructure 

Thallium compounds—includes any unique chemical substance that contains thallium as part of that 

chemical's infrastructure 

015 

015 

C15 

015 

C15 

C04 

C15 

C15 

C15 

C16 

006 

C15 

C15 

C15 

015 

C04 

C15 

015 

015 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 

01/01/87 
P.29 

Federal Register / Vol 52, No. 107 / Thursday, Jurie 4, 1987 / Proposed Rules 

Category name 

Zinc compounds—includes any unique chemical substance that contains zinc as part of that chemical's. 

Generic 

classification 

code 

C15 

21179 

Effective date 

01/01/87 

Subpart D—Reporting Forms and 

Instructions 

§ 372 65 Toxic chemical release reporting 

form and instructions. 

(a) EPA Form R, the Toxic Chemical 

Release Inventory Form: 

BILLING CODE 6560-50-M 
21180 ' i - •'- Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 -/• Proposed Rules 

Page 1 of pages 

Important: Read instructions before completing form 

Form Approved OMB No.:J_ 

Approval Expires:— 

Section 313, 

U.S. Environmental Protection Agency 

TOXIC CHEMICAL RELEASE INVENTORY 

Title III of The Superfund Amendments and Reauthorization Act of 1966 

Report Number 

Calendar Year 

I. CERTIFICATION (Read and sign afttr computing all sections) 

I cartlty undar panalty of law that I hava paraonally axamlnad and am familiar with tha Information tubmlttad In thla and all attaehad dooumanta. and that baaad 

on my: Inquiry of thoaa Individual! Immadlataly responsible tor obtaining tha Information, I ballava that tha tubmlttad Information la trua. aocurata. and complato. 

Nama and official tltla of ownar/oparator or aanlor management official 

Slgnatura Data Slgnad 

I I . FACILITY IDENTIFICATIO N 

A. Name and Location 

Nama ' 

StraM Mrint i 

City—I 

Stata J : Zip — 

C . Facility Identifiers 

Facility Dun & [ 1 

Bradstreet Number [ J _ 

EPA Identification Numbar 

NPDES Permit Numbar 

Nama of Receiving Straam 

UIC Identification Numbar 

0 . Parent Company N 

M II 

MM M M or Body of Wa 

M M 

l-l 1 1 1 1 II 

M M 

1 II I 

1 1 1 1 

1 1 

1 1 

1 

1 

1 

B. Technical Contact 

Nama 

Street Addrasa 

Telephone 

Facility Primary SIC Code 

Other Manufacturing 

SIC Code 

Other Manufacturing 

SIC Code 

i i i 

IE 

1 1 1 

[ 1 Dun & Bradstreet Number 

i ii-i M I-I i 

"• 

III . OFF-SITE LOCATIONS TO WHICH ANY TOXIC CHEMICAL IS TRANSFERRED 

A. Publicly Owned Treatment Works (POTW) 

Name. 

2. Other off-site location 

Type ot treatment/disposal (enter code) 

Address 

_ .J 

B. 1. Other off-site location 

Type of treatment /disposal (enter code) 

Name 

Is location undar control of reporting facility I I I I 

or parent company? • ' "—~ 

3. Other off-site location . 

Type of treatment/disposal (enter code) n 

Address 

ts location under control of reporting facility 

or parent company? D • It location under control of raponing facility 

Of pmrwnt oompany? D • 

yes 

| j Check II supplemental sheet Is attaohed 

EPA Forrr 7740-20 (6/87) 
P.31 

Federal Register / VoL 52, No, 107 / Thursday, June 4, 1987 / Proposed Rules 

Page

 2 ot s pages Form R (continued) 

21181 

IV:, CHEMICAL IDENTITY 

A. CAS# -D B. Trade Secret D 

(Provide the generic classification code and name in Section C below. 

Attach the required explanation to this submission.) 

Chemical or Chemical Category Name 

C. Generic classification of the chemical or chemical category 

(Complete if the chemical or chemical category identity is claimed a trade secret at you are reporting a mixture or tradename 

product under D, below, and Ihe supplier has provided you with the generic classification.) 

Code Generic Classification ; • 

D. Mixture or tradename product Identification .. . 

(Complete this section only if you are reporting a mixture or tradename product and you do not know the specific toxic chemical component.) 

Name of product Mrcentaae " *** L_ ] *** " eomp,*

t

*

 th " r«n*lnoer of this form 

composition of __, 

the toxic chemical I I no - complete only through taction V of 

to the product 7 ; • • this form ; ; , 

v. ACTIVITIES AN&USES OF THE TOXIC CHEMICAL" AT THE FACILITY 

(Check all that apply) 

A. MANUFACTURE 

Produce[ | 

Import [ | 

For on-site 1 | use/processing 1 1 

For sale/dl8trlbutlon| 1 

As a byproduct 1 1 

As ah Impurity I 1 

B. PROCESS 

As a reactant | | 

As a formulation [ 1 

component 1 1. 

As an article 1 1 

component 1 1 

Repackaging only 1 1 

C . OTHERWIS E USE D 

As a chemical processing aid 1 1 

As • manufacturing aid 1 1 

Ancillary or other use | | 

V i : MAXIMU M AMOUNT OFTH£'CHEM.CAt " 

'• • ON-SITE AT ANY TIME DURING THE- , t -

v

 - . . REPORTING PERIOD V „- - , " „ , 

Check th * 

Reporting 

Tha'Appll*. pligh t Range In Pounds ^ 

D 

• 100

 9 " 

• 1000 .

 9 '9 9 9 

• 10.000

 99 '9 9 9 

• : 100.000 ,

 999 '9 9 9 

• 1.000.000

 9

-

999

-

9 9 9 

• 10.000.000 49.999.999 

Q 50.000.000

 99 '999 '9 9 9 

• 100.000.000 499.999.999 

O 500.000.000 999.999.999 

1 I 1 bflHon more than 1 billion 
21182 Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 

Page of pages Form R (continued) 

Vlf. RELEASES TO THE ENVIRONMENT 

A. Emission to the Air 

Fugitive or non-point air emissions 

Stack or point air emissions 

B. Discharges to Water 

Direct discharges 

C. Releases to Land 

3. Enter code |_ 

4. Enter code 1 

1 I 

1 I 

1 1 

1 1 

Transfers to Off-Site Locations 

1. Discharge to POTW 

2. Other oft-slte location -

Enter block number 

from section (H.8. 

3. Other off-site location -

Enter block number 

from section 01. B. 

4. Other off-site location -

Enter block number 

from section III.B. 

• 

• 

Total Release 

(Ibs/yr) 

Check If supplemental sheet Is attached. | j 

Is of 

mate 

:er Code) 

• 

• 

• 

• 

• 

• 

• 

• 

• 

D 

• 

Title III 

Sec. 304 

Release? 

Yes No 

DD 

DD 

DD 

Yes No 

DD 

DD 

DD 

DD 

Permit 

Applies to 

Release? 

Yes No 

DD 

DD 

DD 

Yes No 

DD 

DD 

DD 

DD 

Yes No 

DD 

DD 

DD 

DD 
Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 21183 

Page of pages Form R (continued) 

VIII. WASTE TREATMENT METHODS ANO EFFICIENCY 

General Wastestream 

Check the box corresponding to the general 

wastestream. 

O s Gaseous 

W = Wastewater 

L s Liquid Waste (Non-Aqueous) 

S = Solid Waste (Including slurry/sludge) 

Treatment 

Method 

(Enter Code) 

w S 

Range of Treatment 

Influent Efficiency 

Concentration Estimate 

(Enter Code) 

2. 

3. 

9. 

10. 

11. 

12 

13. 

14. 

• 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

DDDD 

I I 

I I 

I I I 

Mil l 

I I I 

I I I 

I I 

I I I 

I I I I 

I I 

I I I 

I I I 

D D 

I I I 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

% 

% 

% 

% 

% 

% 

% 

% 

% 

% 

% 

% 

% 

%. 

Based on 

Operating 

Data? 

yes no 

• D 

• • 

• • 

• • 

• • 

• • 

• • 

• • 

• • 

• • • 

• • 

• • 

• • 

• D 

Check if supplemental sheet Is attached 

IX.' OPTIONAL INFORMATION ON WASTE MINIMIZATION --,;,, -

Describe actions taken since the last report to reduce the amount of toxic chemicals being released from the facility. 

See the Instructions for coded Items and explanation of what Information to Include, or provide a narrative explanation 

In the space provided. 

Type of 

modification • 

.{Enter Code) 

DD 

Narrative Description 

Quantity of chemical In the wastestream 

prior to treatment/disposal -

Index' 

Current 

reporting 

year (fb/yr) 

Prior 

year 

(lb/yr> 

OR Percent 

change - an 

Reason for Action 

(Enter Code) 

m-

• Check If supplemental sheet Is attached. 
P.34 

21184 Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 

(b) Instructions: 

INSTRUCTIONS FOR COMPLETING EPA FORM R — THE TOXIC CHEMICAL 

RELEASE INVENTORY REPORTING FORM 

UNIT A — INTRODUCTION 

These instructions and the regulation (40 CFR part 372) should be read carefully 

before completing EPA Form R, the Toxic Chemical Release Inventory form. For 

additional assistance in performing calculations required to complete this form, please 

consult EPA's guidance manual for toxic chemical release reporting titled "Guidance for 

Estimating Releases and Waste Treatment Efficiency for The Toxic Chemical Inventory 

Form." This document is available by contacting EPA at the address given in Unit B.10. 

of these instructions. 

The completion of the Toxic Chemical Release Inventory form is required under 

section 313 in Title III of the Superfund Amendments and Reauthorization Act of 1986, 

Pub. L. 99-499. Title III is itself called the "Emergency Planning and Community Rightto-Know Act of 1986." Section 313 requires owners and operators of certain facilities 

that manufacture, process, or otherwise use certain toxic chemicals to report their total 

annual releases or emissions of these chemicals from the facility to the environment. 

Such report is to be sent to both EPA and to the state in which the facility is located. 

The purpose of this reporting requirement is to make available to the public 

information about releases of toxic chemicals resulting from activities of manufacturing 

facilities in a community. The information is also intended to assist governmental 

agencies and researchers in gathering data and conducting research, as well as to aid the 

development of regulations, guidelines, and standards. 

The data in these reports wil l be maintained in a computerized data base as 

required by section 313(j) in Title III. This data base will be made available to the public, 

using computer telecommunications or similar means of access. Certain information 

claimed as a trade secret, however, is protected under specific provisions in the statute 

that are explained in these instructions. 

UNIT B — APPLICABILITY AND GENERAL REQUIREMENTS 

(1) Determination of Applicability. The decision flowchart in the following Figure 

1 can be used to help determine whether your facility is required to submit Toxic 

Chemical Release Inventory reports. 
P.35 

Federal Register / Vol. 52. No. 107 / Thursday. June 4,1987 / Proposed Rules 21185 

Figure 1 

Flowsheet for Determination of Applicability 

Does your facility have 

10 or more full-time 

employees? 

fYes 

Is your facility classified 

under SIC codes 

20 through 39? 

rYes 

Does your facility 

manufacture, import, 

process, or otherwise 

use any listed chemical? 

Manufacture, 

Import 

or 

Process 

Calendar Year 

1987 

Calendar Year 

1988 

Calendar Year 

after 1988 

No 

—*• Reporting not required 

No 

Reporting not required 

No 

Reporting not required 

Otherwise 

Used „ 

Did your facility otherwise 

use more than 10,000 pounds 

of the chemical in the 

past calendar year? 

Yes Did your facility manufacture, import 

or process more than 75,000 pounds 

of the chemical in 1987? 

Yes 

Report must be filed 

No 

Reporting not required 

Yes 

Report must be filed 

-2fc[ Reporting not required 

Yes Did your facility manufacture, import 

or process more than 50,000 pounds 

of the chemical in 1988? 

Did your facility manufacture, import 

or process more than 25.000 pounds 

of the chemical in the past 

calendar year? 

Yes 

No 

Yes 

No 

Report must be filed 

Reporting not required 

Report must be filed 

Reporting not required 
21186 Federal Register / Vol. 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

(2) Who Must Report. Reports must be filed by owners and operators of facilities 

that meet"all three of the following criteria: 

The facility has 10 or more full-time employees; 

The facility is included in Standard Industrial Classification (SIC) 

Codes 20 through 39; and 

— , The facility manufactured (including importation), processed, or 

otherwise used any applicable chemical in greater than threshold 

quantities (see (3) below) in the course of a calendar year. 

(a) SIC code determination. SIC codes 20 through 39 are those codes within the 

SIC system Division D - Manufacturing. The reporting requirements are generally 

directed toward the manufacturing sector of the economy. A facility meets the SIC code 

criteria if its primary SIC code is within the 20 through 39 range. A primary SIC code is 

that code that best describes the products made by the facility that have the highest 

economic value. 

A faciljty is also covered, if its primary SIC code is not in the 20 through 39 range 

but it is engaged in manufacturing activities at that facility, and the products produced 

correspond to those products as outlined in SIC codes 20 through 39. 

If you are not familiar with the SIC codes that apply to your facility, contact your 

trade association, Chamber of Commerce, or your legal counsel. 

For a detailed description of 4-digit SIC codes, refer to the Standard Industrial 

Classification Manual 1987. Clothbound editions should be available in most major 

libraries or may be ordered through the National Technical Information Service, 5285 

Port Royal Road, Springfield, VA 22161. The Accession Number for the clothbound 

Manual is PB87-1000012. 

(b) Manufacture, process or otherwise use. The term "manufacture" means to 

produce, prepare, import, or compound a toxic chemical. It is important to note that the 

term manufacture includes importation. 

The term "manufacture" also includes coincidental production of a toxic chemical 

(e.g. as a byproduct or impurity) resulting from the manufacture, processing, use, or 

disposal of other chemical substances. For example, a company makes chemical A, but, 

as a consequence, chemical B is generated as a byproduct. If chemical B is a listed toxic 

chemical and it is produced at the facility in quantities that exceed the threshold (e.g., 

75,000 lbs for 1987), chemical B and relevant emissions of chemical B from the facility 

must be reported. 

The term "process" means the preparation of a toxic chemical, after its 

manufacture, for distribution in commerce — (a) in the same form or physical state as, or 

in a different form or physical state from, that in which it is received by the person so 

preparing such substance, or (b) as part of an article containing the toxic chemical. 

The term "process" also applies to the processing of a toxic chemical that is a 

component of a mixture or Other trade name product. 
P.37 

Federal Register / Vol. 52. No. 107 / Thursday, June 4,1987/ Proposed Rules 21187 

The term "otherwise used" encompasses any use of a listed chemical at a facility 

that is not specified by the defined actions of manufacture or process. For example, a 

facility that incorporates toluene into a mixture for distribution in commerce is 

processing that chemical. A facility that cleans equipment with toluene is not processing 

toluene but, nonetheless, is using toluene. 

(3) Threshold Quantities for Reporting. Section 313 sets certain reporting 

thresholds. These threshold quantities vary depending upon the activity (e.g., 

manufacture, process, or otherwise use) and the year for which the report is submitted. 

You must submit a report if the chemical is manufactured (including importation) or 

processed at the facility: 

For calendar year 1987, in quantities greater than 75,000 pounds. 

For calendar year 1988, in quantities greater than 50,000 pounds. 

For calendar year 1989 and subsequent years, in quantities greater 

• than 25,000 pounds. 

You must submit a report if the Chemical is otherwise used at the facility in 

quantities greater than 10,000 pounds in the course of a calendar year. 

(4) What Chemicals Must Be Reported? Chemicals arid categories of chemicals for 

which release data must be reported are listed in 40 CFR 372.45 (Subpart C of the 

regulation). Thereis an alphabetized list by chemical name of chemicals that have ah 

associated CAS number. There- is also a list of the same chbmicsds in CAS number 

order. A third list gives the chemical categories for which reporting is required. 

As an aid in determining what chemicals must be reported, EPA has developed a 

support document containing common synonyms and known trade names of the chemicals 

covered by the rule titled "Toxic Chemical Release Inventory — Glossary of Synonyms." 

To obtain a copy of this document contact EPA at the address provided in paragraph (10) 

of this Unit. 

(5) Reporting Related to Mixtures or Trade Name Products of Undetermined 

Composition. Use or processing of mixtures or trade name chemical products Containing 

a listed chemical can trigger reporting. A: facility Is subject to reporting releases of 

toxic chemicals that result from the use or processing of mixtures or trade name 

products containing such toxic chemicals. However, your facility may use or processes 

mixtures or trade name chemical products of undetermined composition. In such cases, 

you must make a reasonable attempt to determine if the product contains one or more 

reportable toxic chemicals. The following Figure 2 outlines the steps for making this 

determination. 
P.38 

21188 Federal Register / Vol. 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

Figure 2 

Reporting Mixture and Tradename Product Information 

Do you use mixture/tradename product in amounts > 10,000 lbs/yr 

or process mixture/tradename product in amounts > threshold 

for year of report? 

I 

Report not 

required 

Y»s - Contact Supplier 

Is a Section 313 chemical in the product? 

i Yes 

1 — No • 

Supplier 

Will Not • 

Confirm 

Report not 

required but 

document the 

contact 

Will supplier give specific Section 313 identity? 

I Yes 

Will supplier provide you with 

percentage by weight of chemical in 

product? 

I Yes 

Does the 

amount of the 

chemical meet 

threshold(s)? 

Yes J No 

Report 

not 

required 

I 

J No 

Will supplier give the Section 313 

generic classification identity? 

No 

Enter specific 

chemical name in 

IV.B. Enter 

product name in 

IV. D. Complete 

form only 

through Section V. 

I Yes 

Will the supplier give the 

percentage by weight of 

the chemicals in the 

product? 

Enter specific 

chemical in 

IV.B. 

Complete 

remainder of 

form 

1 

Does the 

amount of 

the chemical 

meet threshold? 

} No 

I No 

Enter product 

name in IV. D. 

Complete form 

ONLY through 

Section V. 

Enter generic 

name and code in 

IV.C. 

Enter 

product name 

in IV. D. 

Complete 

form only 

through 

Section V. 

Enter generic 

name and code in 

IV.C. 

Enter 

product name 

in IV.D. 

Complete 

remainder of 

form 
P.39 

Federal Register'/ Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 21139 

To begin with, identify those chemical products otherwise used in excess of 10,000 

pounds per year, or processed (e.g., used as a reactant, mixture component, or article 

component) in excess of the applicable threshold for the year of reporting (e.g., 75,000 

pounds for 1987). Then, contact the supplier of the product and ask whether the product 

contains a reportable section 313 toxic chemical. If the response is "no" or if the 

supplier wil l not, for other, reasons, tel l you then you have no further responsibility 

relative to that product. You must, however, keep a record of this contact. If the 

answer is "yes" then follow the steps outlined in Figure 2 to determine what you must 

report. 

(6) How Many Reports to Submit. A separate report must be submitted for each 

covered toxic chemical at each facility. However, the information to be supplied on 

page i of the form (Sections I through III of the form) wil l be the same for all reports 

from the facility. Therefore, page 1 needs to be completed.only once. The remaining 

pages of the form must be completed for each chemical. If you arereporting more than 

one chemical, photocopy page 1 of the Form and attach it to the remaining, chemical 

specific pages for each chemical being reported. 

(7) Recordkeeping. You must keep a copy of each submission. In addition you 

must keep the supporting materials used to develop the information contained in the 

submission. These records must be kept for a period of 5 years from the date of the 

submission. The records are to be kept at the facility for which the report is submitted 

and these records must be readily available for inspection by EPA. If the facility closes 

permanently these records must be sent to the owner or operator or the facility. If there 

is no other owner or operator of the facility such records must be sent to EPA. 

(8) When the Report Must Be Submitted. The report for any calendar year must be 

submitted on or before July 1: of the following year (e.g., the report for calendar year 

1987 must be submitted on or before July 1, 1988). 

(9) Where To Send The Report. Submit reports to: 

OTS Document Control Officer, 

U.S. Environmental Protection Agency, 

401 M Street, SW., 

Washington, D.C. 20460. 

Attn: Toxic Chemical Release Inventory 

Also, you must forward a copy of the submission to the State in which the facility 

is located. States will provide.addresses to which the copies of the reports are to be 

sent. 

NOTE: The copy of the submission sent to the State should be the nontrade secret version of the form. 
P.40 

21190 Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 

(10) How to Obtain Forms and Other Information. Additional copies of this form 

and guidance documents may be obtained from: 

TSCA Assistance Of fice, 

Office of Toxic Substances, 

Environmental Protection Agency, 

Room E-543, 

401 M Street, SW., 

Washington, D.C. 20460, 

(202) 554-1404. 

Attn: Toxic Chemical Release Inventory, 

UNIT C — SPECIFIC INSTRUCTIONS FOR COMPLETING EPA FORM R 

Report Number. Leave this space blank. 

Calendar Year. Al l reporting is by calendar year. Enter the year in which the 

reported releases occurred (not the year the report is submitted) in the 

appropriate space. 

SECTION I — CERTFICATION STATEMENT: 

A senior official with management responsibility for the person (or persons) 

completing the form must sign the certification statement. This person must certify the 

accuracy and completeness of the information reported on the form by signing and dating 

the certification statement. Print or type the name and title of the person who signs the 

statement in the space provided. This certification statement applies to all information 

in the submittal including claims of trade secrecy and the required explanation for such 

claims. (See Unit D of these instructions for specfic instructions on trade secrecy claims 

and the required explanation that must be included with the submission.) 

SECTION II — FACILITY IDENTIFICATION: 

A. FACILITY NAME AND LOCATION 

Enter the name of the facility (plant site name or appropriate facility designation), 

street address, city, county, state, and zip code in the space provided. Do not use a P.O. 

Box number as part of this location information. 

B. TECHNICAL CONTACT 

Enter the name, firm , title, street address, and telephone number (including area 

code) of an individual whom EPA, State officials, or the public may contact for 

clarification of the information on the form. This person does not have to be the person 

who prepares the report or signs the certification statement. However, this person must 

have a detailed knowledge of the report to be able to respond to questions. 
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Federal Register •/• Vol. 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 21191 

C. FACILITY IDENTIFIERS 

Dun and Bradstreet Number. Use the number obtained from Dun and Bradstreet for 

your facility. If your facility has not been assigned a Dun and Bradstreet Number, 

indicate this in the appropriate space by entering £NA . 

EPA Identification Number. If your facility has been assigned an EPA 

Identification Number, enter the number in the appropriate space. The EPA I.D. number 

is a 12-digit number assigned to facilities covered by hazardous waste regulations of the 

Resource Conservation and Recovery Act (RCRA) and other regulations under Superfund 

(CERCLA). Facilities not covered by these regulations are not likely to have an assigned 

EPA I.D. number. If your facility does not have an EPA I.D. number, enter $NA in the 

appropriate space. 

Standard Industrial Classification (SIC) Codes. Enter the appropriate 4-digit 

primary SIC codes for your facility. If applicable, enter any other 4-digit manufacturing 

SIC code(s) (i.e., codes in the 20 through 39 range). Enter up to 2 of these other SIC 

codes for activities associated with the toxic chemicals being reported. If no other SIC 

codes are applicable enter NA in these spaces. 

NPDES Permit Number. Enter the permit number your facility holds under the 

National Pollutant Discharge Elimination System (NPDES). This permit number is 

assigned to your facility by EPA or the State under authority of the Clean Water Act. 

Enter the name of the surface water body or receiving stream to which the chemical is 

directly discharged. Report the name of the receiving stream or water body as it 

appears on the NPDES permit for the facility. 

UIC Identification Number. If your facility injects chemical-containing waste into 

class 1 deep wells, enter the Underground Injection Control (UIC) identification number 

assigned by EPA or by the State under authority of the Safe Drinking Water Act. If your 

facility does not hold such a permit enter NA in this space. 

D. PARENT COMPANY 

If applicable, enter the name of the corporation or other business entity that owns 

or controls the facility. Also enter the Dun and Bradstreet Number for that parent 

company. If the facility is not owned or controlled by another corporation, enter NA in 

these spaces. 
21192 Federal Register / Vol. 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

SECTION III - OFF-SITE LOCATIONS TO WHICH ANY TOXIC CHEMICAL IS 

TRANSFERRED: 

This section requires a listing of all off-site locations to which you transfer wastes 

containing the chemical(s) being reported. The information to be entered in this section 

relates to chemical-specific release information in section VII.D. of the form. 

A. PUBLICLY OWNED TREATMENT WORKS (POTW) 

Enter the name and address of the POTW to which your facility discharges 

wastewater containing the chemicals being reported. If you do not discharge wastewater 

containing the reported chemicals to a POTW, enter NA. 

B. OTHER OFF-SITE LOCATIONS 

In the spaces provided enter the name and address of each location to which you 

transfer wastes containing the chemical. For each location enter the code from Unit E 

at the end of these instructions that best describes the type of disposal or treatment 

applied to the waste at that location. Also indicate in the space provided whether the 

location is owned or controlled by your facility or your parent company. If more space is 

needed attach a continuation sheet. 

SECTION IV - CHEMICAL IDENTITY: 

A. CAS REGISTRY NUMBER AND CHEMICAL. NAME 

Enter the Chemical Abstracts Service (CAS) registry number for the chemical 

being reported. If you are reporting one of the chemical categories (e.g. copper 

compounds) enter £NA in the CAS number space. 

Enter the name of the chemical or chemical category as it is listed in 40 CFR 

372.45 (the chemical listing section of the regulation). 

B. TRADE SECRET BLOCK 

If you are claiming the identity of the chemical or chemical category being 

reported as a trade secret, indicate this by marking the trade secret block. As discussed 

in Unit D. of these instructions you must also provide an explanation of this trade 

secrecy claim as part of the submission. If you claim chemical identity as trade secret 

you must complete Section IV.C. 
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Federal Register / Vol. 52, No. 107 / Thursday, June 4.1987 / Proposed Rules 21193 

C. GENERIC CLASSFICATIONS OF THE CHEMICAL OR CHEMICAL CATEGORY 

Complete Section IV.C. if you are claiming the chemical identity as a trade secret 

(also see D. below). For the purposes of trade secret claims, all listed chemicals and 

chemical categories are pre-classified under one of the following generic groups: 

C I Hydrocarbons 

C2 Halogenated Alkanes 

C3 Halogenated Alkenes 

C4 Halogenated Aromatics 

C5 Hydroxy Compounds 

C6 Ethers and Epoxides 

C7 Aldehydes and Ketones 

C8 Carboxylic Acids, Esters, Lactones, and Anhydrides 

C9 Other Carboxylic Acid Derivatives 

CIO Amines 

C l l Amine Derivatives 

C12 Nitro and Nitroso Compounds 

C13 Phosphorus and Sulfur Compounds 

C14 Azo and Hydrazo Compounds 

C15 Metal Containing Compounds 

C16 Non-Metal Inorganic Compounds 

Enter both the Generic Classification code and the corresponding Generic 

Classification name in the spaces provided. For example, a company makes styrene and 

claims this identity as trade secret. The chemical list in 40 CFR 372.45 shows that 

styrene has been assigned to generic classification code "CI " which corresponds to the 

generic classification name "Hydrocarbon." The company would then enter "CI " 

"Hydrocarbon" in the spaces provided in Section IV.C. 

D. MIXTURE OR TRADE NAME PRODUCT IDENTFICATION 

Complete this section only if you are reporting based on the use or processing of a 

mixture or other trade name product and you do not know the specific listed toxic 

chemical that is in the product. Again, refer to Figure 2 of these instructions to help you 

determine the proper information to enter on the form. 

Enter the name of the mixture or trade name product on the line provided. 

Enter in Section IV.C. the generic classification name of the toxic chemical if the 

supplier of the product provided this identity to you instead of a listed toxic chemical 

name. 

Finally, answer the question in Section IV.D. that relates to your having been able 

to determine the percent by weight of the toxic chemical in the product. If your answer 

is "yes" then you must complete the remainder of the questions on the form. If your 

answer is "no" then you are only required to complete through Section V. of the form. 
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21194 Federal Register / Vol. 52, No. 107 / Thursday. June 4, 1987 / Proposed Rules 

SECTION V - ACTIVITIES AND USES OF THE TOXIC CHEMICAL AT THE FACILITY: 

This section requires an indication of whether the chemical is manufactured 

(including imported), processed, or otherwise used at the facility and the general nature 

of such uses. Mark all the appropriate block(s) in this section that apply. Following is an 

explanation of the activities and use indication terms: 

A. MANUFACTURE 

On-site use/processing. A chemical that is manufactured and then further 

processed or otherwise used at that same facility. 

Sale/Distribution. A chemical which is manufactured specifically for sale or 

distribution outside the manufacturing facility. 

Byproduct. A chemical produced without a separate commercial intent during the 

production, processing, use, or disposal of another chemical substance or mixture, and 

following its production, separated from that other chemical substance or mixture. 

Impurity. A chemical that is unintentionally produced with another chemical 

substance and not separated. 

B. PROCESS 

Reactant. A natural or synthetic chemical used in chemical reactions for the 

manufacture of another chemical substance or product. Includes but is not limited to 

feedstock, raw materials, intermediates, and initiators. 

Formulation Component. A chemical added to a product or product mixture prior 

to use or distribution that aids in the performance of the product in its use. Examples 

include but are not limited to additives, dyes, reaction diluents, initiators, solvents, 

inhibitors, emulsifiers, surfactants, lubricants, flame retardants, and rheological 

modifiers. 

Repackaging. Processing or preparation of a chemical or product mixture for 

distribution in commerce in a desirable form, state, and/or quantity. 

Article Component. A chemical substance that becomes an integral component of 

an article for industrial, trade, or consumer use. 

C. OTHERWISE USE 

Chemical Processing Aid. A chemical that is added to a reaction mixture to aid in 

the manufacture or synthesis of another chemical substance but the chemical does not 

intentionally remain in or become part of the product or product mixture. Examples of 

such chemicals include but are not limited to process solvents, catalysts, inhibitors, 

initiators, reaction terminators, and solution buffers. 

Manufacturing Aid. A chemical that, through its function, aids in a manufacturing 

process. Examples include but are not limited to lubricants, metalworking fluids, 

coolants, refrigerants, and hydraulic fluids. 
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Federal Register / Vol. 52, No-107 / Thursday, June 4,1987 / Proposed Rules 21195 

Ancillary or Other Uses. A chemical that is.used at a facility for purposes other 

than a chemical processing aid or manufacturing aid as described above. Includes but is 

not limited to cleaners, degreasers, lubricants, and fuels. 

SECTION VI — MAXIMUM AMOUNT OF THE CHEMICAL AT THE FACILITY: 

Check the box next to the range that covers the maximum quantity of the chemical 

(in storage tanks, process vessels, on-site shipping containers etc.) at your facility at any 

time during the reporting year. If the chemical is present at several locations within 

your facility, use the maximum total amount present at any one time. Ranges of 

quantities should be selected from the table on the form. You are not required to report 

the maximum quantity itself on the form. 

SECTION VII - RELEASES TO THE ENVIRONMENT: 

In Section VII of the form you are to account for the total aggregate annual 

releases of the chemical to each environmental medium. These total releases include 

"routine" emissions plus any amount released "accidentally." 

Under Title III a release is defined as any spilling, leaking, pumping, pouring, 

emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into 

the environment (including the abandonment or discarding of barrels, containers, and 

other closed receptacles) of any "toxic chemical" (i.e., a chemical listed in Subpart C of 

the regulation). Under this section of the form you are required to estimate both the 

direct releases or emissions from your facility to the environment as well as your 

transfers of the chemical to off-site treatment or disposal locations as part of waste. 

To provide the release information required in this section of the form, you may 

use readily available data (including monitoring data and emissions measurements) 

collected pursuant to other provisions of law or as part of routine plant operations. 

Where monitoring data or emission measurements are not readily available, reasonable 

estimates of the amounts released may be made using published emission factors, 

material balance calculations, or engineering calculations. Do not use emission factors 

or calculations to estimate releases if more accurate data are available. No monitoring 

or measurement of the quantities, concentration, or frequency of any toxic chemical 

released into the environment, beyond that monitoring and measurement required under 

other provisions of law or regulation, is required for the purpose of completing this form. 

For releases to each media you must answer four questions: (1) How much of the 

chemical was released (in pounds per year)?, (2) Was any portion of that release (except 

releases to off-site locations) reported under the emergency notification provisions of 

section 304 of Title HI?, (3) What is the basis of estimate (e.g., what was the primary 

estimation method used to determine the quantity released)? and (4) Is the release 

specifically covered by a relevant environmental permit held by the facility? 
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21196 Federal Register / Vol. 52, No. 107 / Thursday, June 4, 1987 / Proposed Rules 

Quantity Estimates: 

Estimate as accurately as possible the quantities in pounds of only the listed 

chemical or chemical category that are released annually to each environmental 

medium. Do not include in this estimate other components of the waste stream. If you 

are reporting a listed category, combine the release data for all substances in the listed 

chemical category (e.g., all glycol ethers) and report this aggregate on a single form. Do 

not report releases of each individual chemical in that category on a separate form. In 

all other cases a separate form is required for each listed chemical being reported. 

For metal compound categories report releases of only the parent metaL For 

example, a user of various inorganic nickel salts would report the total nickel released in 

each waste regardless of the nickel's form (as the original salts, nickel ion, oxide, etc.); 

and excluding any contribution to mass made by other species in the molecule. 

Basis of Estimate: 

For each release estimate you are required to indicate the principal method by 

which the quantity was derived. Enter the letter code which applies to the derivation of 

the largest portion of the total quantity estimated. 

For example, if 40 percent of stack emissions were derived using monitoring data, 

30 percent by mass balance, and 30 percent by emission factors, enter the code letter 

" M " for monitoring. 

The codes are as follows: 

M - based on monitoring data or measurement for the chemicalin the 

wastestream as released; •...-••••., -

B - based on a mass balance such as the amount of the chemical in streams 

entering and leaving process equipment. 

E - based on published emission factors such as those relating release to 

throughput or equipment type. 

O - based on other approaches such as engineering calculations (for example, 

estimating volatilization using published mathematical formulas) or best 

engineering judgment. This would include applying an estimated removal 

efficiency to a wastestream even if the stream before treatment were fully 

characterized by monitoringdata. 

The monitoring data, mass balance, or emission factor must be specific to the 

chemical being reported. Otherwise, the estimate should be considered to be based on 

engineering calculations or judgment. For example, if a mass balance yields the flow 

rate of an aqueous waste but the quantity of chemical in the waste is based on solubility 

data, report "O" because "engineering calculations" were used as the basis of estimate. 

Alternatively, if the concentration of the chemical in the wastewater was measured, 

then the primary basis of estimate is "monitoring" even though a mass balance 

calculation also contributed to the estimate. Use of mass balance should only be 

indicated if it directly calculates the mass (weight) of chemical released. Use of 
P.47 

! ' Federal Register / Vol. 52, No: 107 / Thursday, June 4, 1987 / Proposed Rules

 : ' 21197 

monitoring data should be indicated as basis of estimate only if the chemical 

concentration is measured in the wastestream being released into the environment as 

opposed to measured in other process streams containing the chemical. 

Title III, Section 304 Release: . 

Certain of the toxic chemicals subject to section 313 reporting are subject to 

emergency notification provisions of Title III. If your facility has reported an emergency 

release of the toxic chemical during the calender year under Title III Section 304 then 

you must check the box "YES" in the column labeled "Title III Section 304 Release?." 

Section 304 is the emergency notification provision of Title III. Chemicals subject to this 

notification are those "extremely hazardous chemicals" as listed under section 302 of 

Title III and chemicals subject to section 103 of CERCLA. 

Permit Applies To Release: 

The last column in Section VII asks for a "yes" or "no" indication of whether the 

toxic chemical released is specifically covered by an environmental permit. In general, a 

facility would: answer "yes" if the permit specifically includes or cites the reported toxic 

chemical. 

A. EMISSIONS TO THE AIR 

1. Fugitive or Nonpoint Air Emissions. Enter the total quantity of emissions of the 

chemical to the air which is not released through stacks, vents, ducts pipes, etc or any 

other confined air stream. Include (1) fugitive equipment leaks from valves, pump seals, 

flanges, compressors, sampling connections, open ended lines, etc., (2) evaporative losses 

from surface impoundments, (3) releases from building ventilation systems, and (4) any 

other fugitive or nonpoint air emissions. 

2. Stack or Point Air Emissions. Enter the total emissions of the chemical to the 

air which are released through stacks, vents, ducts, pipes, etc. Include storage tank 

emissions. Air releases from control equipment would generally fal l in this category. 

Al l air releases of the chemical from the facility should be accounted for. In case 

of doubt about whether an air release is fugitive or stack in nature, it is more important 

that the release be included as one or the other than be omitted. Do not enter 

information on individual emissions points or releases on the form. 

For both fugitive and stack point emissions, check the appropriate box in the 

column titled "Permit Applies To Release?" Indicating YES means that the facility has 

determined that the permit specifically includes or cites the chemical being emitted. •. • 

For example, a permit may set a numerical emission limit to control quantities of on or 

more specific chemical released. The facility would answer "NO" if a permit sets a 

performance standard for process equipment in which a chemical is made or used but the 

permit does not specify the chemical. Some facilities may have several similar emissions 

controls that treat the same toxic chemical. If some but not all have permits that cite 

the specific chemical, the the facility may still answer "YES" in the permit column. 
P.48 

21198 Federal Register/"Vol 52. No. J07 / Thursday, June 4,1987 / Proposed Rules 

B. DISCHARGES TO WATER ; : ' 

Direct Discharges. Enter the total annual amount of the chemical released from 

all discharge points at the facility to surface waters (rivers, lakes, streams, etc.) Include 

both process outfalls such as pipes and open trenches and releases from on-site 

wastewater treatment systems in this category. Include in the total any cdntribution 

from stormwater if your permit includes stormwater sources. Do not include "indirect" 

discharges to surface waters such as to a POTW or off-site wastewater treatment 

facility. Check "YES" in the "Permit Applies To Release" column if the discharge of this 

chemical is specifically covered by your facility's NPDES permit^ 

C. RELEASES TO LAND 

Report quantities of the chemipal that were disposed of within the confines of the 

facility. Enter the appropriate disposal code from Unit E of these instructions i n the 

space provided. These types of disposal include placement in surface impoundments in 

addition to subsurface disposal in landfills, infiltration lagoons and septic systems, or 

underground injection wells. 

For the purposes of this form, a surface impoundment is considered "final 

disposal." Quantities of the chemical released to impoundments which are merely part of 

a wastewater treatment process generally should not be reported here. If the 

impoundment accumulates sludges containing the chemical, include an estimate here of 

the annual accumulation of the chemical in such sludges. If, however, the sludges were 

removed from the impoundment during the year and disposed of in a different manner 

(e.g., if the sludge is disposed of in a different manner at the facility or if it is transfered 

to an off-site location) then the amount of the chemical disposed should be reported, 

under a different code in this section or i t should be reported in section VII.D. as an offsite release. 

Report the amounts that are placed in infiltration lagoons and/or septic systems as 

one total, since both are designed to allow wastes to percolate into near-surface soil. 

For the purposes of this reporting, storage tanks are not considered to be a type of 

disposal and are not to be reported in this section of the form. 

Enter the quantitiy released in pounds per year. Four lines are provided in this 

section of the form to accommodate various types of land disposal. If more spaCe is 

needed, mark the box at the bottom pf this section and attach a continuation sheet. 

Check "YES" in the "Permit Applies To Release" column only if ttie chemical is 

part of a RCRA-covered hazardous waste. 

P. TRANSFERS TO OFF-SITE LOCATIONS 

Report in this section the quantity of the chemical sent to any of the off-site 

disposal, treatment, or storage facilities for which you have provided an address in 

Section III of the form. 
P.49 

Federal Register / Vol. 52, No. 107 / Thursday, June 4.1987 / Proposed Rules 21199 

Line D.l . is for releases to a POTW. 

Lines D.2., D.3., and D.4. are provided for releases to other off-site locations, 

including off-site private wastewater treatment. For these lines you must enter the 

block number from Section III.B. of the form that corresponds to the off-site location to 

which you are transfering the chemical. If you need additional space check the box at 

the bottom of Section VII and attach a continuation sheet. 

Check "YES" in the "Permit Applies To Release" column only if the chemical is 

part of a RCRA covered hazardous waste. 

SECTION VIII - WASTE TREATMENT METHODS AND EFFICIENCY: 

In Section VIII, report waste treatment methods used on wastestreams containing 

the chemical; the range of concentrations of the chemical in the influent to the 

treatment method; the effectiveness of each treatment method in removing the 

chemical; and indicate whether the treatment efficiency figure was based on actual 

operating data. 

General Wastestream: 

For each waste treatment method reported, indicate the type of wastestream 

containing the chemical that is treated. Mark one box that corresponds to the general 

wastestream: 

G = Gaseous 

W = Wastewater 

L = Liquid waste (non-aqueous) 

S = Solid waste (including sludges and slurries) 

Waste Treatment Methods: 

Codes for treatment methods are included in Unit E of these instructions. Enter 

the code for each treatment method used in connection with wastes containing the 

chemical being reported. ..''*'..' . 

Treatment methods are to be reported by type of waste being treated, i.ei gaseous 

wastes (including gases, vapors, particulates), aqueous wastes, liquid non-aqueous, or 

solids. Where a waste is a mixture of water and organic liquid, report it under aqueous 

wastes unless the organic content exceeds 50 percent. Slurries containing water should 

be reported as solids if they contain appreciable amounts of settlable or dissolved solids 

such that the viscosity or density of the waste is considerably different from that of 

process wastewater. 

Wastestreams may have a single source or may be aggregates of many sources, as 

when process water from several pieces of equipment is combined prior to treatment. 

Report treatments that apply to the aggregate wastestream. However, if your facility 

treats various wastewaters in different ways, then the different treatment methods must 

each be listed. 
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21200 Federal Register / Vol. 52. No. 107 / Thursday. June 4. 1987 / Proposed Rules 

For any given wastestream, waste treatment may be a single step or a multiple 

step process. Where waste treatment consists of several of the methods, choose the 

method listed in Unit E of these instructions that best describes the treatment applied to 

that wastestream. You are not required to separately list each part of the process. 

Note, however, that a wastewater treatment step and further incineration of the sludge 

from wastewater must be reported separately: one treats the aqueous waste, the second 

treats a distinctly different "solid" waste. 

Your facility may have several pieces of equipment in similar service. It is not 

necessary to enter four lines of data to cover four scrubbers, for example, if all four are 

treating wastes of similar character (e.g., gaseous emissions), have similar influent 

concentrations, and have the same removal efficiency. 

Range of Influent Concentration: 

The form requires an indication of the range of concentration of the chemical in 

the wastestream <i.e., the influent) as it typically enters the treatment equipment. Enter 

one of the following code numbers in the space provided that corresponds to the relative 

concentration of the chemical in the influent: 

1 = (for liquid or solid) Greater than 1 percent 

(for gaseous) Greater than 10,000 milligrams per cubic meter 

2 = (for liquid or solid) 100 parts per million (0.01 percent) to 1 percent 

(for gaseous) 100 milligrams per cubic meter to 10,000 milligrams per cubic 

meter 

3 = (for liquid or solid) 1 part per million to 100 parts per million 

(for gaseous) 1 milligram per cubic meter to 100 milligrams per cubic 

meter 

4 = (for liquid or solid) 1 part per billion to 1 part per million 

(for gaseous) 1 microgram per cubic meter to 1 milligram per cubic meter 

5 = (for liquid or solid) Less than 1 part per billion 

(for gaseous) Less than one microgram 

Treatment Efficiency: 

In the space provided enter a number for the percent removal of the listed 

chemical (not other waste constituents) from the wastestream. The treatment efficiency 

expressed as percent removal represents any destruction, biological degradation, 

chemical reaction, or physical removal of the chemical from the wastestream being 

treated. This efficiency should represent the mass or weight percent of chemical 

destroyed or removed, and not just chanqes in volume or concentration of the chemical 

or its wastestream. For some treatments, the percent removal will represent removal by 

several mechanisms such as in secondary wastewater treatment where a chemical may 

evaporate, may be biodegraded, and may be physically removed in the sludge. 
P.51 

Federal Register / Vol. ,'52, 'No. 107 / Thursday, June 4, 1987 / Proposed Rules 21201 

Percent removal should <be calculated as follows: 

(I - E) 

I x 100 

where I - mass<of the chemical in the influent waste 

and E = mass of the chemical in the effluent waste 

The mass or weight of chemical in the wastestream being treated should be 

calculated by multiplying the concentration (by weight) of the chemical in the 

wastestream times the .flowrate. When (calculating or estimating percent removal 

efficiency for various wastestreams, the percent removal should compare the gaseous 

effluent from treatment, to the gaseous influent, the aqueous effluent from treatment to 

aqueous influent, and likewise for organic liquid and solid waste. However some 

treatment methods may not result in comparable form of effluent wastestreams. Such 

an example would be incineration of wastewater, where the percent removal of the 

chemical from the influent wastestream would be reported as 100percent. 

Some of the treatments listed in Unit E do not destroy, chemically .react, or 

physically remove the chemical from its wastestream. Some examples of these include 

fuel blending or encapsulation. For these treatments, an efficiency of zero should be 

reported. The facility should report the concentration of the chemical in the waste 

before treatment. 

Al l available data should be utilized to calculate treatment efficiency and influent 

chemical concentration. If such data are lacking, then estimates wil l have to toe made 

using best engineering judgment or other methods. Methods for calculating releases and 

treatment efficiencies are further discussed in the technical guidance document cited at 

the beginning of this Unit. 

For metal compounds, the reportable concentration and treatmemt efficiency 

should be calculated based on the weight of the parent imetal and not the weight of the 

metal compound(s). Metals are not destroyed but can only be physically removed or 

chemically converted from one form into another. Therefore, the treatment efficiency 

reported should only represent physical removal of the parent metal, not the percent 

chemical conversion of the metal compound. If a listed treatment method converts but 

does not remove a metal, the method should be reported but >fche treatment efficiency 

should be reported as zero. 

Based on Operating Data? 

This column requires you to indicate "yes" or "no" whether the treatment efficiency 

estimate is based on actual operating data. For example, you would check "yes" if the 

estimate is based on monitoring of influent and effluent wastes under typical operating 

conditions. If the efficiency estimate is based ion published data for .similar processes or 

on equipment supplier's literature, you would check ".no." 
P.52 

21202 Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 

SECTION IX -- OPTIONAL INFORMATION ON WASTE MINIMIZATION: 

Information provided in Section IX of the form is optional. This section allows the 

facility to describe waste minimization efforts involving the chemical. The facility may 

choose to provide a narrative of its waste minimization projects. EPA would prefer, 

however, for ease of data entry, that the following elements be included as shown on the 

form. 

Type of modification: 

Enter one code from the following list that best describes the type of waste 

minimization activity: 

M l recycling/reuse on-site 

M2 recycling/reuse off-site 

M3 equipment/technology modifications 

M4 process procedure modifications 

M5 reformulation/redesign of product 

M6 substitution of raw materials 

M7 improved housekeeping training, inventory control 

Quantity of chemical in the wastestream prior to treatment/disposal: 

Enter the pounds of the reported chemical in the waste(s) in the reporting year and 

the pounds in the waste(s) in the year prior to implementing waste minimization. 

Alternatively, to protect confidential information, you may wish to enter only the 

percent by which the weight of the chemical in the waste has changed. 

Index: 

Enter the ratio of reporting year production to production in the base year. This 

index.should be calculated to most closely reflect activites involving the chemical. 

Examples of acceptable indices include: 

chemical produced in 1987/chemical produced in 1986. 

paint produced in 1987/paint produced in 1986. 

appliances coated in 1987/appliances coated in 1986. 

sq.ft. of solar collector fabricated in 1987/sq.ft. of solar collector 

fabricated in 1986. 

value of sales in 1987/value of sales in 1986. 

For example, a company manufactures 200,000 pounds of a chemical in 1986 and 

250,000 pounds of the same chemical in 1987. The index figure to report would be 1.3 

(1.25 rounded). The index provides a means for users of the data to sort out the effect of 

change in business activity from the waste minimization project proper. It is not 

necessary to indicate the units on which the index was based. 
P.53 

Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 21203 

Reason for action: 

Finally, enter the code(s) from the following list that best describe the reason for 

initiating the waste minimization effort: 

R I regulatory requirement for the waste 

R2 reduction of treatment/disposal costs 

R3 other process cost reduction 

Narrative description: 

Use the space provided to describe your waste minimization activities as a 

supplement to, or in lieu of information provided in the coded part of this.section. 

UNIT D — TRADE SECRECY CLAIMS AND THE EXPLANATION 

Section 322 of Title III provides .that the specific chemical identity (including the 

chemical or chemical category name and other specific identification) may be designated 

by the facility as a trade secret. To do so, check the box in Section IV.B. of the form 

indicating that the identity of the chemical is being claimed :as a trade secret. As 

explained in Unit C.IV.C. of these instructions, enter the appropriate code number and 

the assigned generic classification name in the space provided. 

If you claim chemical identity as trade secret you must submit two copies of the 

form to EPA. One copy will be the complete submission including the chemical name and 

CAS number. The second copy wil l be a "sanitized" version in which the CAS number and 

chemical name is left blank in Section IV.A. and B. of the form. This sanitized version is 

the form that wil l be made available to the public. Also this non-trade secret copy is the 

copy of the form to be submitted to the State. 

Any facility claiming trade secret protection for a chemical identity must also 

submit an explanation of this claim at the time the form is submitted. This explanation 

must demonstrate that all of the following statements are true for the chemical or 

chemical category being reported: 

1. That the facility has not disclosed the fact that the chemical is 

manufactured, processed or otherwise used at the facility to any other 

person, other than a member of a local emergency planning committee, an 

officer or employee of the United States or a State or local government, an 

employee of such person, or a person who is bound by a confidentiality 

agreement. 

2. That the facility has taken reasonable measures to protect the 

confidentiality of such information and will continue to take such 

measures. , 

3. That the information is not required to be disclosed or otherwise made 

available to the public under any other Federal or State law. 

4. That disclosure of the information is likely to cause substantial harm to the 

competitive position of the facility. 
P.54 

21204 Federal Register / Vol. 52. No. 107 / Thursday, June 4, 1987 / Proposed Rules 

5. That the chemical'identity is not readily discoverable through reverse 

engineering. 

This explanation must be submitted with the copy of the form that contains the 

specific chemical identity to EPA. Otherwise the trade secret claim will be disallowed 

without further notice to you. 

The submission should be sent by registered mail, return receipt requested. 

The facility may claim parts of the explanation document as confidential if that 

information would reveal the chemical identity claimed as a trade secret or would reveal 

other confidential business or trade secret information. To make this claim the facility 

should clearly designate those portions of the document that are claimed as 

confidential. The facility must include a certification that those portions of the 

substantiation document claimed as confidential would, if disclosed, reveal the chemical 

identity being claimed as a trade secret, or would reveal other business confidential or 

trade secret information. This certification must be signed by the same senior 

management official that signs the form certification statement. 

The facility must submit sanitized copies of this explanation to EPA and the State 

because this explanation must also be made available to the public. Information claimed 

as trade secret or otherwise confidential business in the explanation should be omitted 

from this version of the explanation document. 
P.55 

________ Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 21205 

UNIT E — DISPOSAL AND WASTE TREATMENT CODES 

DISPOSAL CODES 

I D Landfill 

2D Land treatment 

3D Surface impoundment (to be closed as a landfill) 

4D Underground injection 

5D Infiltration lagoon or septic system 

6D Transfer to waste broker 

WASTE TREATMENT CODES 

(a) Incineration/thermal treatment 

II Liquid injection incineration 

21 Rotary kiln incineration 

31 Fluidized bed incineration 

41 Multiple hearth chamber incineration 

51 Pyrolytic destruction 

61 Other incineration/thermal treatment 

(b) Reuse as fuel 

1RF Cement kiln 

2RF Aggregate kiln 

3RF Asphalt kiln 

4RF Other kiln 

5RF Blast furnace 

6RF Sulfur recovery furnace 

7RF Smelting, melting, and refining furnace 

8RF Coke oven 

9RF Other furnace 

10RF Industrial boiler 

11RF Utility boiler 

12RF Other reuse as fuel 

(c) Fuel blending 

1FB: Fuel blending (general) 

(d) Solidification 

IS Cement^based processes 

2S Pozzolanic processes 

3S Asphaltic processes 

4S Thermoplastic techniques 

5S Organic polymer techniques 

6S Macro-encapsulation 

7S Other solidification 
P.56 

21206 Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 

(e) Recovery of solvents and other organic chemicals 

1SR Fractionation 

2SR Batch still distillation 

3SR Solvent extraction 

4SR Thin film evaporation 

5SR Other solvent recovery 

(f) Recovery of metals 

1MR Activated carbon (for metals recovery) 

2MR Electrodialysis (for metals recovery) 

3MR Electrolytic metal recovery 

4MR Ion exchange (for metals recovery) 

5MR Reverse osmosis (for metals recovery) 

6MR Solvent extraction (for metals recovery) 

7MR Ultrafiltration (for metals recovery) 

8MR Other metals recovery 

(g) Wastewater treatment 

i. Cyanide oxidation 

1WT Alkaline chlorination , 

2WT Ozone 

3WT Electrochemical 

4WT Other cyanide oxidation 

i i . Chemical precipitation (pH adjustment, flocculation, and 

settling (see Note 1) 

5WT Lime 

6WT Sodium hydroxide 

7WT Soda ash 

8WT Sulfide 

9WT Other precipitation 

iii . Chromium reduction 

10WT Sodium bisulfite 

11WT Sulfur dioxide 

12WT Ferrous sulfate 

13WT Other reduction 

iv. Complexed metals treatment 

14WT High pH precipitation 

15WT Other complexed metals treatment 

v. Emulsion breaking 

16WT Thermal 

17WT Chemical 

18WT Other emulsion breaking 
1 

vi. 

vii. 

« 

Federal Register / Vol. 52, 

Adsorption 

19WT Carbon adsorption 

20WT Ion exchange 

21WT Resin adsorption 

22WT Other adsorption 

Strippinq 

No. 107 / Thursday, June 4, 1987 / Proposed Rules 21207 

P.57 

24WT Steam stripping (Note 2) 

viii. Filtration 

25WT Diatomaceous earth 

26WT Sand 

27WT Multimedia 

28WT Other filtration 

ix. Dewaterinq operations 

29WT Gravity thickening 

30WT Vacuum filtration 

31WT Pressure filtration (belt, plate and frame, leaf) 

32WT Centrifuge 

33WT Other dewatering 

x. Air flotation 

34WT Dissolved air flotation'',.. 

35WT Other air flotation 

xi. Oil skimming 

36WT Gravity separation 

37WT Coalescing plate separation 

38WT Other oil skimming 

xii. Aerobic biological treatment 

39WT Activated sludge 

40WT Rotating biological contactor 

41 WT Trickling filter 

42WT Waste stabilization pond 

43WT Nitrification 

44WT Other aerobic treatment 

xiii. Anaerobic biological treatment 

45WT Anaerobic digestion 

46WT Denitrification 

47WT Other anaerobic treatment 
P.58 

21208 Federal Register / Vol. 52, No. 107 / Thursday, June 4,1987 / Proposed Rules 

xiv. Other wastewater treatment 

(h) 

48WT Wet air oxidation 

49WT Neutralization 

50WT Other wastewater treatment 

51WT Primary wastewater treatment system 

52WT Secondary wastewater treatment system 

53WT Tertiary wastewater treatment system 

Treatment of air emissions 

NOTES: 

1AT 

2AT 

3 AT 

4AT 

5AT 

6AT 

7AT 

8AT 

9AT 

10AT 

H A T 

12AT 

Thermal oxidizer 

Catalytic incineration 

Flare 

Condenser 

Scrubbers 

Absorbers 

Filters 

Electrostatic Precipitations 

Carbon adsorption 

Other adsorption 

Mechanical separation 

Other air emission Control 

Chemical precipitation is a treatment operation whereby the pH of a waste is 

adjusted to the range necessary for removal (precipitation) of contaminants. For 

purposes of this reporting flocculation and settling are considered part of the 

system. NOTE: if the pH is adjusted solely to achieve a neutral pH, THE 

OPERATION IS NEUTRALIZATION. 

As a treatment operation, steam stripping is the removal of organic 

contaminants from a waste using direct or indirect contact steam for the 

primary purpose of complying with publicly owned treatment works (POTW) or 

National Pollutant Discharge Elimination System (NPDES) wastewater discharge 

limitations. 

[FR Doc. 87-12588 Filed 6-3-87; 8:45 am] 

BILLING CODE 6560-50-C