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[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38104-38109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13582]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 370

[EPA-HQ-SFUND-2010-0763; FRL 9945-07-OLEM]
RIN 2050-AG85

Hazardous Chemical Reporting: Community Right-to-Know; Revisions 
to Hazard Categories and Minor Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
amending its hazardous chemical reporting regulations due to the 
changes in the Occupational Safety and Health Administration (OSHA) 
Hazard Communication Standard (HCS). OSHA's HCS was recently revised to 
conform to the United Nations Globally Harmonized System of 
Classification and Labeling of Chemicals (GHS). Under the revised HCS, 
chemical manufacturers and importers are

[[Page 38105]]

required to evaluate their chemicals according to the new criteria 
adopted from GHS to ensure that they are classified and labeled 
appropriately. Manufacturers and importers are also required to develop 
standardized Safety Data Sheets (formerly known as ``Material Safety 
Data Sheets'') and distribute them to downstream users of their 
chemicals. These changes in HCS affect the reporting requirements under 
sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA). Based on the new classification criteria that OSHA 
adopted, EPA is revising the existing hazard categories for hazardous 
chemical inventory form reporting under EPCRA Section 312 and for list 
reporting under section 311. In this action, EPA is also making a few 
minor corrections in the hazardous chemical reporting regulations.

DATES: Effective Date: This final rule is effective June 13, 2016.
    Compliance Date: The compliance date is January 1, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-SFUND-2010-0763. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Superfund Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Superfund Docket is (202) 566-0270.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington DC 20004; telephone number: (202) 
564-8019; email address: jacob.sicy@epa.gov. Also contact the 
Superfund, TRI, EPCRA, RMP and Oil Information Center at (800) 424-9346 
or (703) 412-9810 (in the Washington, DC metropolitan area). The 
Telecommunications Device for the Deaf (TDD) number is (800) 553-7672 
or (703) 412-3323 (in the Washington, DC metropolitan area.) You may 
wish to visit the Office of Emergency Management (OEM) Internet site at 
http://www.epa.gov/emergencies.

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is amending its hazardous chemical reporting regulations at 40 
CFR part 370 to conform to the revisions of OSHA's HCS due its adoption 
of the GHS classification and labeling of chemicals. The Occupational 
and Safety and Health Administration published a final rule to revise 
the HCS on March 26, 2012 (77 FR 17574), codified in 29 CFR 1910.1200. 
Among the recent HCS modifications, the classification of chemicals 
adopted from GHS affect the reporting requirements under EPCRA Sections 
311 and 312. OSHA's HCS adopted certain terms used in GHS provisions, 
such as ``Safety Data Sheet (SDS)'' instead of the term ``Material 
Safety Data Sheet (MSDS).'' EPCRA Sections 311 and 312 and the 
implementing regulations use the term ``Material Safety Data Sheet 
(MSDS).'' In this action, EPA is also revising the regulations to use 
both terms and their acronyms as they have the same meaning. This 
action is also making some minor corrections in the regulations at 40 
CFR part 370. EPA anticipates that closer correlation with the OSHA HCS 
and GHS will provide greater clarification to the regulated community 
and facilitate emergency planning.

II. Revisions to Hazard Categories

    Sections 311 and 312 of the Emergency Planning and Community Right-
to-Know Act (EPCRA) and its implementing regulations at 40 CFR part 370 
apply to the owners and operators of facilities required to prepare or 
have a MSDS for any hazardous chemical defined under OSHA and its 
implementing regulations. EPCRA Section 311(e) defines the term 
``hazardous chemical'' to be the same meaning as it is given in 29 CFR 
1910.1200(c), except for certain substances exempted in EPCRA Section 
311(e).
    Section 311 of EPCRA requires facilities to submit MSDSs of 
hazardous chemicals or a list of hazardous chemicals grouped into 
categories of physical and health hazards as defined in OSHA's HCS to 
the State Emergency Response Commission (SERC), Local Emergency 
Planning Committee (LEPC) and the local fire department with 
jurisdiction over the facility. Section 312 of EPCRA requires these 
facilities to submit an emergency and hazardous chemical inventory form 
to the SERC, LEPC, and the local fire department, annually by March 1. 
The inventory form provides the physical or health hazard of each 
hazardous chemical as well as the locations and quantities present at 
the facility during the previous calendar year. There are two reporting 
tiers, Tier I and Tier II. Tier I inventory forms provide only general 
information on hazardous chemicals. Tier II inventory forms provide 
specific information on each hazardous chemical, which is used by many 
LEPCs for developing or modifying their local emergency response plans. 
Currently, all states require facilities to submit the federal Tier II 
form or the form developed by the states, including electronic 
reporting and submission. The regulations including the information 
required on the Tier I and Tier II inventory forms were first 
promulgated in 1987 and are codified in 40 CFR part 370.
    As stated earlier in this document, the statute specifies that the 
list reporting under section 311 and the inventory reporting under 
section 312 should be based on the physical and health hazards 
established under OSHA regulations. Sections 311 and 312 also provide 
that EPA may modify the physical and health hazards set forth under the 
Occupational Safety and Health Act and regulations promulgated under 
that Act. Accordingly, in 1987, EPA modified OSHA's 23 physical and 
health hazards into five hazard categories (three physical and two 
health hazard categories) for facilities to use for reporting under 
sections 311 and 312. These categories are defined currently in the 
regulations at 40 CFR 370.66. Facilities have been using these five 
hazard categories since 1987 to report under sections 311 and 312.
    Prior to the adoption of the GHS, OSHA's HCS was performance-
oriented. It established requirements for hazard determination but did 
not provide the specific language to convey the information or a format 
in which to provide to the users of the chemicals. This meant that 
chemical producers were able to use whatever language or format they 
chose to provide the necessary information. With the adoption of GHS 
provisions, OSHA's HCS 2012 final rule established consistent and 
standardized hazard communication to the users of the chemicals, to 
anyone exposed to the chemicals, and to emergency responders.
    GHS is a standardized approach for classifying chemicals by their 
health, physical and environmental effects and communicating this 
information to

[[Page 38106]]

downstream users by using consistent signal words, pictograms, hazard 
statements, etc., on labels and SDSs. GHS establishes a set of criteria 
and provisions that regulatory authorities, such as OSHA, can 
incorporate into their existing regulations or standards, or use to 
develop a new system. Regulatory authorities are not required to adopt 
all of the criteria that are defined in GHS, only those that are 
appropriate to their specific regulations. Accordingly, OSHA adopted 
the classification criteria and provisions that are appropriate to its 
existing standards for hazard communication for labeling and SDSs. The 
revised HCS provisions also include developing SDSs using the 
standardized 16-section format with consistent headings adopted from 
GHS.
    The definitions of hazards in GHS are more specific, detailed 
criteria than they were in OSHA's HCS prior to the 2012 revisions. 
Under the GHS, each hazard is considered to be a hazard class and the 
classes are then generally sub-divided into categories of hazard. For 
example, under the original HCS, a chemical is either a potential 
carcinogen or it is not. Under the revised HCS, this is further divided 
according to the degree of severity of the hazard. That is, 
carcinogenicity has two hazard categories. Category 1 includes known or 
presumed human carcinogens, while Category 2 includes suspected human 
carcinogens. Category 1 is also sub-divided into Category 1A and 1B. 
Such detailed criteria provides more accurate hazard determinations and 
more consistency among various suppliers of the same chemical. EPA 
believes that such detailed criteria will be valuable to emergency 
planners and responders.
    OSHA also revised the definition of the term ``hazardous 
chemical.'' Prior to March 26, 2012, OSHA's HCS defined the term 
``hazardous chemical'' as any chemical which is a physical or health 
hazard. OSHA has revised the definition of the term ``hazardous 
chemical'' to add the term ``classified'' and to list specifically 
certain hazards already covered by HCS but not addressed in GHS at the 
time of the March 2012 final rule. The revised definition of 
``hazardous chemical'' is any chemical which is classified as a 
physical or health hazard, a simple asphyxiant, combustible dust, 
pyrophoric gas, or hazard not otherwise classified. OSHA added the 
three hazards, simple asphyxiant, combustible dust and pyrophoric gas, 
to the definition of ``hazardous chemical'' to ensure that the 
regulated community would understand that these are still covered under 
the revised HCS. The definition of hazardous chemical also includes the 
term ``hazard not otherwise classified'' (HNOC) for those chemicals 
that do not fit into any of the hazard classes adopted from GHS.
    Although the physical and health hazards in OSHA's HCS prior to the 
2012 revisions are the same as the revised hazards, the descriptions 
are slightly different. See the following table for descriptions of 
physical hazard class before and after adopting GHS provisions.

------------------------------------------------------------------------
     Physical hazards (prior to GHS          Physical hazards (after
               adoption)                    adoption, revised in 2012)
------------------------------------------------------------------------
Combustible liquid.....................  Flammable (gases, aerosols,
                                          liquids, or solids).
Compressed Gas.........................  Gas under pressure.
Explosive..............................  Explosive.
Flammable..............................  Self-heating.
Pyrophoric.............................  Pyrophoric (liquid or solid).
Oxidizer...............................  Oxidizer (liquid, solid or
                                          gas).
Organic Peroxide.......................  Organic peroxide.
Unstable (Reactive)....................  Self-reactive.
Water-Reactive.........................  In contact with water emits
                                          flammable gas.
                                         Corrosive to metal.
                                         Hazard Not Otherwise Classified
                                          (HNOC).
------------------------------------------------------------------------

    The following table lists OSHA HCS health hazard class prior to and 
after adoption of GHS provisions.

------------------------------------------------------------------------
                                         Health hazards (after adoption,
 Health hazards (prior to GHS adoption)          revised in 2012)
------------------------------------------------------------------------
Carcinogens............................  Carcinogenicity.
Toxic or highly toxic agents...........  Acute toxicity (any route of
                                          exposure).
Reproductive toxins....................  Reproductive toxicity.
Irritants; Corrosives..................  Skin Corrosion or Irritation.
Sensitizers............................  Respiratory or Skin
                                          Sensitization.
Agents which damage the lungs, skin,     Serious eye damage or eye
 eyes, or mucous membranes.               irritation.
Hepatotoxins...........................  Specific target organ toxicity
                                          (single or repeated exposure).
Nephrotoxins...........................  Germ cell mutagenicity.
Neurotoxins............................  Aspiration Hazard.
Agents which act on the hematopoietic    Hazard Not Otherwise Classified
 system.                                  (HNOC).
------------------------------------------------------------------------

    In addition to the hazards listed in the previous tables, OSHA 
specifically added the following hazards in the March 2012 final rule, 
simple asphyxiant, combustible dust, pyrophoric gas, and hazard not 
otherwise classified, to the definition of hazardous chemical as 
mentioned earlier in this document.
    Hazardous chemical reporting under EPCRA Sections 311 and 312 
requires facilities to report the physical and health hazards of 
chemicals as established under OSHA and its regulations. EPCRA provides 
that EPA may modify the OSHA categories as necessary.
    Currently, the definition of the term ``hazard category'' in the 
regulations at 40 CFR 370.66 is the consolidation of OSHA's 23 original 
hazard categories

[[Page 38107]]

into five hazard categories. The following table lists the physical and 
health hazard categories (consolidated from OSHA's original 23 hazard 
categories) that facilities have been using since 1987 to comply with 
EPCRA Sections 311 and 312.

------------------------------------------------------------------------
 
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                             Physical Hazard
------------------------------------------------------------------------
Fire (Flammable, Combustible liquid, Pyrophoric, Oxidizer).
Sudden Release of Pressure (Explosive, Compressed Gas).
Reactive (Unstable Reactive, Organic Peroxide, Water Reactive).
------------------------------------------------------------------------
                     Health Hazard (Immediate-Acute)
------------------------------------------------------------------------
Highly Toxic; Toxic; Irritant; Sensitizer; Corrosives & other hazardous
 chemicals that cause an adverse effect to a target organ and which
 effect usually occurs rapidly as a result of a short term exposure and
 is of short duration.
------------------------------------------------------------------------
                     Health Hazard (Delayed-Chronic)
------------------------------------------------------------------------
Carcinogens & other hazardous chemicals that cause an adverse effect to
 a target organ and which effect generally occurs as a result of long
 term exposure and is of long duration.
------------------------------------------------------------------------

    Soon after OSHA's HCS 2012 final rule was published, many 
stakeholders requested EPA adopt physical and health hazard classes as 
they are described in the revised HCS. The stakeholders expressed that, 
if the EPA adopted these physical and hazard classes, it would be less 
burdensome to the regulated community as they would only need to copy 
the chemical hazard information from the MSDS (or SDS) and implementing 
agencies could more easily compare the hazard information provided on 
each MSDS (or SDS) with the information provided on the list of 
hazardous chemicals and the inventory form.
    Therefore, EPA has decided to replace the existing five hazard 
categories (Fire, Sudden Release of Pressure, Reactive, Immediate 
(Acute) health hazard, Delayed (Chronic) health hazard) in 40 CFR part 
370 with each specific hazard class listed in the revised OSHA HCS as 
well as the four hazards that GHS did not address (simple asphyxiant, 
combustible dust, pyrophoric gas, and hazard not otherwise classified). 
The following table lists the physical and health hazards that EPA is 
adopting from the revised HCS.

------------------------------------------------------------------------
             Physical hazards                      Health hazards
------------------------------------------------------------------------
Flammable (gases, aerosols, liquids, or     Carcinogenicity.
 solids)
Gas under pressure                          Acute toxicity (any route of
                                             exposure).
Explosive                                   Reproductive toxicity.
Self-heating                                Skin Corrosion or
                                             Irritation.
Pyrophoric (liquid or solid)                Respiratory or Skin
                                             Sensitization.
Oxidizer (liquid, solid or gas)             Serious eye damage or eye
                                             irritation.
Organic                                     Specific target organ
peroxide                                     toxicity (single or
                                             repeated exposure).
Self-reactive                               Aspiration Hazard.
Pyrophoric gas                              Germ cell mutagenicity.
Corrosive to metal                          Simple Asphyxiant.
In contact with water emits flammable gas   Hazard Not Otherwise
                                             Classified (HNOC).
Combustible Dust
Hazard Not Otherwise Classified (HNOC)
------------------------------------------------------------------------

    The four hazards that are specifically listed in the definition of 
``hazardous chemical'' in the revised HCS are listed in the table as 
either a physical or health hazard. The hazard, HNOC (hazard not 
otherwise classified), would be both a physical and health hazard, as 
listed in the previous table.
    Sections 311 and 312 use the term ``hazard category,'' so EPA will 
continue to use the term ``hazard category'' in the definition section 
in 40 CFR 370.66 but will replace the five hazard categories with those 
hazards listed in the previous table. This technical amendment would 
also delete any reference to the consolidated five hazard categories in 
the regulations, specifically in sections 370.41 and 370.42(s)(5).
    The hazard categories on both inventory forms (Tier I and Tier II) 
and the instructions to these forms would be replaced with the list of 
physical and health hazards as identified in the previous table. As 
mentioned earlier, the revised HCS requires chemical producers to 
provide detailed criteria of each hazard on the MSDS (or SDS) as 
adopted from GHS. So, in addition to the hazards listed in the previous 
table, facilities complying with sections 311 and 312 may report the 
detailed criteria for each hazard as provided on the SDS, which would 
be beneficial for emergency planners and responders.
    EPA will be modifying Tier2 Submit, the software developed for 
reporting under section 312, to include the new physical and health 
hazards as well as the four specifically listed hazards that EPA 
adopted from OSHA's revised HCS. For states that have their own 
reporting software for section 312, EPA is providing flexibility to 
allow states to modify their software by January 1, 2018. Facilities 
are required to comply with reporting the new physical and health 
hazards on their Tier II inventory form for reporting year 2017, by 
March 1, 2018. In the meantime, EPA encourages facilities to provide 
the most accurate information available on potential hazards of each 
chemical at their facility to the SERC, LEPC, and the local fire 
department with jurisdiction over the facility.
    Some states may already have amended their regulations to include 
the new hazards, consistent with the revised HCS, which EPA is 
finalizing in this action. Facilities should contact their state for 
any additional reporting and submission requirements.

III. Other Revisions to 40 CFR Part 370

    As mentioned previously, the OSHA HCS adopted some terms used in 
the GHS provisions, such as, ``Safety Data Sheet (SDS)'' instead of the 
term, ``Material Safety Data Sheet (MSDS).'' Although EPCRA Sections 
311 and 312 refer to the term, ``Material Safety Data Sheet'', the 
implementing regulations would be revised to use both terms in 40 CFR 
part 370. The term ``Safety Data Sheet (SDS)'' is now more commonly 
used by all stakeholders.
    In this action, EPA is correcting a typographical error in 40 CFR 
370.30(a) and revising EPA's Web site address in

[[Page 38108]]

40 CFR 370.40(a), 370.64(a), and 370.64(b).
    In this action, EPA is also revising the definition section, 40 CFR 
370.66, by replacing the list of ``hazard category'' by the specific 
physical and health hazards listed in the revised HCS. The term 
``Safety Data Sheet (SDS)'' will be added to the definition section in 
alphabetical order.

IV. Authority Under the Administrative Procedure Act

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, ``when an Agency for good cause finds . . 
. that notice and public procedure thereon are impracticable, 
unnecessary or contrary to the public interest,'' the Agency may issue 
a final rule without providing notice and an opportunity for public 
comment. EPA has determined that there is good cause for making this 
technical amendment final without prior proposal and opportunity for 
comment, because this final rule simply adopts the hazard classes 
established in OSHA's revised HCS as directed by EPCRA Sections 311 and 
312. The burden for facilities associated with re-classifying their 
chemicals into the new criteria that OSHA HCS adopted from GHS is 
already accounted for in the OSHA HCS March 2012 final rule. Facilities 
required to comply with EPCRA Sections 311 and 312 would simply need to 
copy the hazards found on each MSDS (or SDS) of the hazardous chemical, 
to comply with the inventory reporting under EPCRA Section 312, and for 
the list of chemicals submitted under section 311. There is no 
additional burden incurred for facilities due to this technical 
amendment to 40 CFR part 370. The burden for developing an MSDS (or 
SDS) is already considered under the OSHA HCS. EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(3)(B).

V. Do any of the statutory and Executive Order reviews apply to this 
action?

    This final rule simply adopts the hazard categories set forth in 
OSHA HCS for reporting on the inventory form and the list of hazardous 
chemicals as directed by sections 311 and 312 of EPCRA. It does not 
impose any new burden on the regulated community or the implementing 
agencies.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is 
not a ``significant regulatory action'' and is therefore not subject to 
OMB review. Because this action is not subject to notice and comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) or Sections 202 and 205 of the Unfunded Mandates Reform 
Act (2 U.S.C. 1531-1538). In addition, this action does not 
significantly or uniquely affect small governments. This action does 
not create new binding legal requirements that substantially and 
directly affect Tribes under Executive Order 13175 (65 FR 67249, 
November 9, 2000). This action does not have significant Federalism 
implications under Executive Order 13132 (64 FR 43255, August 10, 
1999). Because this final rule has been exempted from review under 
Executive Order 12866, this final rule is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) 
or Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., nor does it require any special considerations 
under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve technical standards; thus, the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply.

VI. Congressional Review Act

    This action is subject to the Congressional Review Act (CRA), and 
EPA will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. The CRA allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
CRA if the agency makes a good cause finding that notice and comment 
rulemaking procedures are impracticable, unnecessary or contrary to the 
public interest (5 U.S.C. 808(2)). The EPA has made a good cause 
finding for this rule as discussed in section IV of this document, 
including the basis for that finding.

List of Subjects in 40 CFR Part 370

    Environmental protection, Extremely hazardous substances, GHS, 
Hazard categories, Hazard class, Hazardous chemicals, OSHA HCS, Tier II 
Inventory Form.

    Dated: May 26, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and Emergency Management.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW

0
1. The authority citation for part 370 continues to read as follows:

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

Sec. Sec.  370.10, 370.12, 370.13, 370.14, 370.20, 370.30, 370.31, 
370.32, 370.33, 370.60, 370.62, 370.63, 370.64, and 370.66  [Amended]

0
2. In 40 CFR part 370, after the text ``MSDS'', add the words ``(or 
SDS)'' in the following places:
0
a. Section 370.10(b)(1), two times;
0
b. Section 370.12(a) and (b);
0
c. Section 370.13 introductory text;
0
d. Section 370.14(a)(1) two times; (a)(2), two times; and (b), three 
times;
0
e. Section 370.20, two times;
0
f. Undesignated center heading before Sec.  370.30;
0
g. Section 370.30(a)(1), (a)(2) and (b) two times;
0
h. Section 370.31, five times;
0
i. Section 370.32, two times;
0
j. Section 370.33, four times;
0
k. Section 370.60, section heading and four times;
0
l. Section 370.62, three times;
0
m. Section 370. 63(b);
0
n. Section 370.64(a); and
0
o. Section 370.66 (definition of ``Material Safety Data Sheet or 
MSDS'').
    In addition to the amendments set forth above:

Sec.  370.1  [Amended]

0
3. In Sec.  370.1, paragraph (a), after the text ``(MSDS)'', add the 
words ``or Safety Data Sheet (SDS)''.

Sec.  370.10  [Amended]

0
4. In Sec.  370.10, paragraph (a) introductory text, after the text 
``(MSDS)'', add the words ``(or Safety Data Sheet (SDS))''.

Sec.  370.14  [Amended]

0
5. In Sec.  370.14, paragraphs (a)(1) and (2), after the text 
``MSDSs'', add the words ``(or SDSs)'', four times.

[[Page 38109]]

Sec.  370.30  [Amended]

0
6. Amend Sec.  370.30 by:
0
a. In paragraph (a), removing the text ``Sec.  1A370.10'', and adding 
``Sec.  370.10'' in its place; and
0
b. Revising paragraph (a)(2).
    The revised text reads as follows:

Sec.  370.30  What information must I provide and what format must I 
use?

    (a) * * *
    (2) Submitting a list of all hazardous chemicals present at your 
facility at or above the applicable threshold levels. The hazardous 
chemicals on your list must be grouped by the specific health and 
physical hazards as defined in Sec.  370.66. The list must contain the 
chemical or common name of each hazardous chemical as provided on the 
MSDS (or SDS).
* * * * *

Sec.  370.40  [Amended]

0
7. Amend Sec.  370.40, paragraph (b), by removing the text ``http://www.epa.gov/emergencies'', and adding ``http://www.epa.gov/epcra'' in 
its place.

0
8. Amend Sec.  370.41 by revising the introductory text to read as 
follows:

Sec.  370.41  What is Tier I inventory information?

    Tier I information provides State and local officials and the 
public with information on the general types and locations of hazardous 
chemicals present at your facility during the previous calendar year. 
The Tier I information is the minimum information that you must provide 
to be in compliance with the inventory reporting requirements of this 
part. If you are reporting Tier I information, you must report 
aggregate information on hazardous chemicals by hazard categories. The 
hazard categories (physical and health hazards) are defined in Sec.  
370.66. Tier I inventory form includes the following data elements:
* * * * *

0
9. Amend Sec.  370.42 by revising paragraphs (s)(1), (3), and (5) to 
read as follows:

Sec.  370.42  What is Tier II inventory information?

* * * * *
    (s) For each hazardous chemical that you are required to report, 
you must:
    (1) Pure Chemical: Provide the chemical name (or the common name of 
the chemical) as provided on the Material Safety Data Sheet (MSDS) (or 
Safety Data Sheet (SDS)) and provide the Chemical Abstract Service 
(CAS) registry number of the chemical provided on the MSDS (or SDS).
    Note to Paragraph (s)(1): If you are withholding the name in 
accordance with trade secret criteria, you must provide the generic 
class or category that is structurally descriptive of the chemical and 
indicate that the name is withheld because of trade secrecy. Trade 
secret criteria are addressed in Sec.  370.64(a).
* * * * *
    (3) Mixture. If you are reporting a mixture, enter the mixture 
name, product name or trade name as provided on the Material Safety 
Data Sheet (MSDS) (or Safety Data Sheet (SDS)) and provide the Chemical 
Abstract Service (CAS) registry number of the mixture provided on the 
MSDS (or SDS). If there is no CAS number provided or it is not known, 
check the box ``Not Available.''
* * * * *
    (5) Pure Chemical or Mixture: Indicate which hazard categories (or 
hazard classes) apply to the chemical or the mixture. The hazard 
categories (or physical and health hazards) are defined in Sec.  
370.66.
* * * * *

Sec.  370.64  [Amended]

0
10. Amend Sec.  370.64 by removing ``http://www.epa.gov/emergencies'' 
and adding ``http://www.epa.gov/epcra'' in its place, two times.

0
11. Amend Sec.  370.66 by revising the definition ``Hazard category'', 
and adding in alphabetical order the definition ``Safety Data Sheet or 
SDS'' to read as follows:

Sec.  370.66  How are key words in this part defined?

* * * * *
    Hazard category is divided into two categories, health and physical 
hazards.
    (1) Health hazard means a chemical which poses one of the following 
hazardous effects: Carcinogenicity; acute toxicity (any route of 
exposure); aspiration hazard; reproductive toxicity; germ cell 
mutagenicity; skin corrosion or irritation; respiratory or skin 
sensitization; specific target organ toxicity (single or repeated 
exposure); simple asphyxiant; and hazard not otherwise classified 
(HNOC).
    (2) Physical hazard means a chemical which poses one of the 
following hazardous effects: Flammable (gases, aerosols, liquids or 
solids); gas under pressure; explosive; self-heating; pyrophoric 
(liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas); 
organic peroxide; self-reactive; in contact with water emits flammable 
gas; combustible dust; corrosive to metal; and hazard not otherwise 
classified (HNOC).
* * * * *
    Safety Data Sheet or SDS means the sheet required to be developed 
under 29 CFR 1910.1200(g). This term means the same as the term 
``material safety data sheet or MSDS'' defined in this section.
* * * * *
[FR Doc. 2016-13582 Filed 6-10-16; 8:45 am]
BILLING CODE 6560-50-P
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