[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Proposed Rules]
[Pages 31268-31317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14490]



[[Page 31267]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 355 and 370



Emergency Planning and Community Right-to-Know Programs; Amendments to 
Hazardous Chemical Reporting Thresholds, Streamlining Requirements; 
Proposed Rule

Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed 
Rules

[[Page 31268]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 355 and 370

[FR-6103-7]
RIN 2050-AE17


Emergency Planning and Community Right-to-Know Programs; 
Amendments to Hazardous Chemical Reporting Thresholds, Streamlining 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing modifications to 40 CFR parts 355 and 370, 
which are the regulations implementing sections 302, 303, 304, 311 and 
312 of the Emergency Planning and Community Right-To-Know Act (EPCRA). 
These rules cover requirements for emergency planning and release 
notification, and hazardous chemical community right-to-know reporting 
under EPCRA. The proposed changes are intended to reduce reporting 
burdens, while preserving the important public health and safety 
benefits of the hazardous chemical reporting requirements. EPA is 
proposing to raise the reporting thresholds for gasoline and diesel 
fuel in underground tanks at retail gas stations, and to set new 
reporting thresholds for some additional hazardous chemicals, under 
sections 311 and 312. EPA is also proposing to make clarifying changes 
to the mixture requirements under sections 311 and 312. In addition, 
EPA is publishing draft guidance as part of the preamble of this 
document to provide States and local governments with more discretion 
in implementing the federal requirements--this guidance would not be 
binding and does not involve any regulatory changes, as discussed 
further in this preamble. EPA believes the elimination of unnecessary 
reporting will help focus emergency prevention and planning on more 
significant hazards. EPA is also proposing to rewrite 40 CFR parts 355 
and 370 to make them easier to understand and to use. (However, the 
rewrite is not intended to make any substantive revision to the 
existing rules; substantive changes are limited to the revisions 
specifically proposed in this document.) Improving the clarity of 
regulatory requirements will make the rules easier to understand and 
improve compliance.

DATES: Comments must be submitted in writing and must be received at 
the address specified below on or before September 8, 1998.

ADDRESSES: Please reference Docket Number 300RR-IF1. By Mail: Mail 
original and three copies of comments (no facsimiles or tapes) to 
Docket Coordinator, Headquarters; U.S. EPA; CERCLA Docket Office; (Mail 
Code 5201G); 401 M Street, SW; Washington, DC 20460; 703/603-9232.
    By Federal Express: Send original and three copies of comments (no 
facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. EPA; 
CERCLA Docket Office; 1235 Jefferson Davis Highway; Crystal Gateway #1, 
First Floor; Arlington, VA 22202.
    By E-Mail: Comments in ASCII format only may be mailed directly to 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="43101613061105160d076d070c0008061703">[email protected]</a> EPAMAIL.EPA.GOV. E-mailed comments must be followed-
up by an original and three copies sent by mail or Federal Express. 
Don't submit confidential business information through e-mail.
    The docket, which is the administrative record for parts 355 and 
370, is available for inspection between the hours of 9 a.m. and 4 
p.m., Monday through Friday, excluding Federal holidays. You can make 
an appointment to review the docket by calling 703/603-9232. You may 
copy a maximum of 266 pages from any regulatory docket at no cost. If 
the number of pages copied exceeds 266, however, you will be charged an 
administrative fee of $25 and a charge of $0.15 per page for each page 
after 266. The docket will mail copies of materials to you if you are 
outside of the Washington, DC metropolitan area.

FOR FURTHER INFORMATION CONTACT: Meg Victor or John Ferris, Chemical 
Emergency Preparedness and Prevention Office, MC 5104, U.S. EPA, 401 M 
Street SW, Washington, DC 20460, 202/260-1379 or 202/260-4043. Also 
contact the RCRA/UST, Superfund, and EPCRA Hotline (the Hotline) at 
800/424-9346 (in the Washington, DC metropolitan area, contact 703/412-
9810). The Telecommunications Device for the Deaf (TDD) Hotline number 
is 800/535-7672 (in the Washington, DC metropolitan area, 703/412-
3323). You may wish to visit the Chemical Emergency Preparedness and 
Prevention Office (CEPPO) Internet site, at www.epa.gov/ceppo.

SUPPLEMENTARY INFORMATION: The contents of the SUPPLEMENTARY 
INFORMATION section of today's preamble are listed in the following 
outline:

I. Who is Affected by This Rule?
II. What is the Statutory Authority for This Rule?
III. What is the Background of This Rulemaking?
IV. What Regulatory Changes is EPA Proposing in This Rule?
    A. Principal Regulatory Changes
    1. Higher Threshold Levels for Gasoline and Diesel Fuel at 
Retail Gas Stations When Stored in Tanks Entirely Underground and in 
Compliance With Underground Storage Tank Regulations
    2. Relief From Routine Reporting for Substances With Minimal 
Hazards and Minimal Risks Under EPCRA Sections 311 and 312
    3. Relief From Routine Reporting for Sand, Gravel and Rock Salt 
Under EPCRA Sections 311 and 312
    B. Other Regulatory Changes
    1. Reporting of Mixtures Under EPCRA Sections 311 and 312
    2. Tier I and Tier II Inventory Forms and Instructions
    3. Penalties for Noncompliance
    4. Facility Identifier as a Tier I and Tier II Information 
Requirement
    5. Additional Changes to the Parts 355 and 370 Regulations
    6. Definitions
V. What Draft Guidance is EPA Publishing in This Preamble?
    A. Increased Flexibility for States and Local Governments With 
Respect to Reporting Under EPCRA Sections 311 and 312
    1. UST Forms to Fulfill the Requirements for Tier I Information 
Under EPCRA Section 312
    2. Partnership Programs for Joint Access to Information and 
Streamlined Submission of EPCRA Sections 311 and 312 Reporting
    3. Electronic Submittal for EPCRA Sections 311 and 312 Reporting
    4. Incorporation of Previous Submissions Into EPCRA Section 312 
Reporting
    B. Electronic Access to Facilities' Databases of MSDSs
    C. Interpretation of the Hazardous Chemical Exemption for Solids 
Under EPCRA Section 311(e)(2)
    D. EPCRA Section 312 Reporting to Fulfill Reporting Requirements 
Under Section 311
    E. Emergency Planning Notification
    F. Emergency Release Notification
VI. What Else is Different About This Rule?
    A. Plain English Format
    B. Conversion Table
VII. Where are SERCs and LEPCs Listed?
VIII. Regulatory Analyses
    A. Executive Order No. 12866
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Unfunded Mandates Reform Act
    E. Environmental Justice
    F. National Technology Transfer and Advancement Act
    G. Executive Order No. 13045

I. Who Is Affected by This Rule?

    Three general categories of entities are affected by this rule. 
These three categories are industry, Federal government, and State and 
local governments. Numerous entities within each general category are 
regulated by

[[Page 31269]]

this rule. Regulated categories and entities include:

------------------------------------------------------------------------
           Category                        Regulated entities           
------------------------------------------------------------------------
Industry.....................  Retail gasoline service stations,        
                                Chemical storage and processing.        
Federal Government...........  Executive Order 12856 requires all       
                                Federal agencies to comply with EPCRA.  
State and Local Governments..  State Emergency Response Commissions     
                                (SERCs) and Local Emergency Planning    
                                Committees (LEPCs) receive the          
                                information provided under EPCRA        
                                sections 302, 304, 311 and 312. LEPCs   
                                receive information provided under EPCRA
                                section 303. Fire departments receive   
                                the information provided under EPCRA    
                                sections 311 and 312. State/local       
                                government facilities handling chemicals
                                may be subject to this regulation.      
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather to provide 
a guide for readers regulated by this action. To determine whether or 
not your facility is regulated by this action, you should carefully 
examine the sections in today's proposed rule explaining who must 
comply with the rule. If you have questions regarding the applicability 
of this action to a particular entity, consult one of the persons 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

II. What Is the Statutory Authority for This Rule?

    This proposed rule is issued under the Emergency Planning and 
Community Right-To-Know Act of 1986 (EPCRA), which was enacted by Title 
III of the Superfund Amendments and Reauthorization Act of 1986, (Pub. 
L. 99-499). EPCRA established a program to encourage state and local 
planning and preparedness for releases of extremely hazardous 
substances, and to provide the public, local governments, fire 
departments and other emergency officials with information concerning 
chemical releases and the potential chemical risks in their 
communities.

III. What Is the Background of This Rulemaking?

    In 1986, EPCRA created requirements regarding planning and 
preparedness for chemical emergencies, and public access to information 
concerning potential chemical hazards. EPA established implementing 
regulations at 40 CFR parts 355 and 370. Today EPA is proposing 
modifications to several of the regulations that implement the 
emergency planning, emergency release notification, and the hazardous 
chemical community right-to-know portions of the EPCRA program (this 
rulemaking does not effect the implementation of EPCRA section 313, 40 
CFR part 372, in any way). The proposed revisions are intended to 
reduce costs to individuals, businesses and other levels of government, 
while continuing to achieve EPCRA's environmental goals. These changes 
are proposed as part of EPA's ongoing efforts to streamline regulatory 
requirements. In addition, EPA is proposing draft guidance that does 
not involve regulatory revisions but explores flexible options to meet 
the existing regulations. EPA also is proposing to rewrite the 
emergency planning and hazardous chemical community right-to-know 
portions of the EPCRA regulations in plain English, in order to reduce 
regulatory burdens and improve compliance. Only the regulatory 
revisions specifically discussed in part IV below involve substantive 
changes to the existing rule. The rewrite of the existing regulations 
in plain English is intended merely to restate the existing regulations 
in a format that makes them easier to understand.
    In 1990, section 112(r) of the amended Clean Air Act (CAA) 
established requirements regarding the prevention and detection of 
accidental releases of hazardous chemicals. The Risk Management Program 
(RMP) established under those requirements, codified at 40 CFR part 68, 
is an extension of the planning and preparedness programs established 
under EPCRA. A specific facility may be subject to the RMP requirements 
under CAA section 112(r) as well as the planning and preparedness 
programs under EPCRA. EPA has considered the relationship between these 
programs while developing today's proposed rule.

IV. What Regulatory Changes Is EPA Proposing in This Rule?

    EPA seeks public comment on the specific regulatory revisions 
addressed below. However, EPA is not reconsidering and is not seeking 
public input on any other aspects of the existing regulations that are 
not subject to substantive revision.

A. Principal Regulatory Changes

    In today's proposed rulemaking, EPA is exploring innovative ways to 
improve the efficiency of the reporting requirements under sections 311 
and 312 of EPCRA, and provide regulatory relief, while continuing to 
protect public health and the environment. This action is proposed as 
part of EPA's ongoing efforts at regulatory reinvention. EPA based the 
following proposed changes to the regulatory requirements on input from 
various stakeholders including States and local emergency planning 
committees (LEPCs), and on the experience gained through implementing 
the EPCRA program at the Federal, State and local levels over the past 
ten years.
    The proposed regulatory changes are discussed below:
1. Higher Threshold Levels for Gasoline and Diesel Fuel at Retail Gas 
Stations When Stored in Tanks Entirely Underground and in Compliance 
With Underground Storage Tank Regulations
    The reporting requirements under sections 311 and 312 of EPCRA are 
intended to enhance communities' and emergency response officials' 
awareness of chemical hazards, and to facilitate the development of 
State and local emergency response plans, thereby aiding communities 
and emergency response officials in preparing for and responding to 
emergencies safely and effectively. EPA would like to achieve a sound 
balance between the amount of information generated for the public 
under sections 311 and 312, and the value of that information. In an 
effort to streamline reporting requirements, EPA assessed the 
usefulness and benefit of the information reported under sections 311 
and 312 for various industries. EPA considered the input from 
stakeholders in making this evaluation.
    As described in more detail below, EPA is proposing to establish 
higher reporting thresholds for gasoline and diesel fuel stored 
underground at retail gas stations. Both sections 311(b) and 312(b) of 
EPCRA give EPA general authority to establish threshold quantities for 
hazardous chemicals below which reporting is not required. Both 
statutory provisions also state that, in EPA's discretion, the 
thresholds may be based on classes of chemicals or categories of 
facilities. Thus, under the

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statute, EPA's authority to establish thresholds includes but is not 
limited to thresholds that are based on classes of chemicals or 
categories of facilities. Congress broadly empowered EPA to establish 
thresholds so that EPA could ``provide for the development of a 
manageable program.'' H.R. Rep. No. 962, 99th Cong., 2d Sess. 1986 
(Conf. Rpt.) reprinted in Senate Comm. on Environment and Public Works, 
101st Cong., 2d Sess., A Legislative History of the Superfund 
Amendments and Reauthorization Act of 1986 (Pub. L. 99-499), vol. 6 at 
5104 (hereinafter ``Conference Report''). The legislative history also 
calls for EPA, in establishing thresholds under section 312(b), to 
``consider the degree to which the hazardous chemical, if released at 
the facility, would endanger the health of individuals in the 
community, including emergency response personnel.'' Conference Report 
at 5104-5105.
    EPA believes that gasoline and diesel fuel, when stored entirely 
underground at retail gas stations, and in compliance with the 
Underground Storage Tank (UST) regulations under 40 CFR part 280, 
present a unique situation for which separate reporting thresholds 
under EPCRA sections 311 and 312 are warranted. Factors contributing to 
the uniqueness of this situation, and which EPA considered in 
establishing the higher reporting thresholds, include the following.
(1) Community Right-to-Know
    The public and local emergency officials are generally familiar 
with the location of retail gas stations, are aware that these 
facilities have gasoline and diesel fuel, and can typically discern the 
general storage location of the gasoline and diesel fuel at the 
facility. In fact, retail gas stations prominently advertise the 
presence of gasoline and diesel fuel at their facilities, encourage the 
public to come on site, and often permit the public to dispense the 
gasoline and diesel fuel themselves. For example, the public can 
readily determine the location of a retail gasoline station by looking 
in the telephone books. Because the primary business of retail gasoline 
stations includes the sale of gasoline and diesel fuel, the public can 
be certain that a facility stores these substances without the need for 
reporting under sections 311 and 312 of EPCRA. Thus, the community's 
right-to-know about the presence of gasoline and diesel fuel at retail 
gas stations is largely satisfied without routine reporting.
(2) Public Knowledge of Hazards
    The public and local emergency officials generally are aware of the 
hazards associated with gasoline and diesel fuel, so the community's 
right-to-know about the hazards of those substances is also addressed 
independent of routine reporting.
(3) Storage Entirely Underground
    Retail gas stations typically store gasoline and diesel fuel in 
tanks that are entirely underground, which generally mitigates the risk 
of catastrophic release.
(4) Subject to UST Regulations
    Underground storage tanks are regulated under the Resource 
Conservation and Recovery Act (RCRA), so a comprehensive regulatory 
program is in place that establishes standards for the safe performance 
and operation of USTs. Additionally, retail gas stations provide 
notification of their gasoline and diesel fuel under the UST program.
    EPA believes that each of these four factors alone wouldn't 
necessarily warrant separate reporting thresholds, but that in 
combination these factors present a unique situation for gasoline and 
diesel fuel in this industry category. Considering these factors 
together, EPA believes that excluding retail gas stations from the 
requirement to report material safety data sheets (MSDSs) and annual 
Tier I information for gasoline and diesel fuel (when held in typical 
amounts in tanks that are entirely underground, and in compliance with 
the UST regulations) will promote a more manageable EPCRA program while 
still protecting the public health and safety of individuals in the 
community and emergency response officials. EPA acknowledges that 
gasoline and diesel fuel are flammable and toxic, and that they have 
the potential to pose a hazard to the community including emergency 
responders. However, for the reasons stated above, EPA believes that 
these substances need not be routinely reported under EPCRA when stored 
in tanks entirely underground in typical amounts and in compliance with 
the UST regulations, at retail gas stations.
    Consequently, in today's rule EPA is proposing to raise the 
reporting threshold with respect to sections 311 and 312 of EPCRA, for 
gasoline and diesel fuel when stored entirely underground and in 
compliance with the UST regulations, at retail gas stations in typical 
amounts. EPA's intent is to establish new thresholds corresponding to 
amounts just higher than the typical total amounts of gasoline and 
diesel fuel held at retail gas stations, so that facilities with 
typical capacities would be relieved from reporting. EPA's intent is to 
set the thresholds at the upper bound of the amounts typically stored 
at retail gas stations, so that facilities with greater than typical 
capacities would not be relieved from routine reporting. EPA believes 
that the public and emergency officials would generally be aware of the 
quantity stored at typical gas stations, but might not be aware of the 
amount stored at facilities with above normal inventories.
    The reporting thresholds that EPA is proposing are 75,000 gallons 
for all grades of gasoline combined, and 100,000 gallons for diesel 
fuel, when held in tanks that are entirely underground and in 
compliance with the UST regulations, at retail gas stations. EPA based 
these proposed thresholds on information provided by the Service 
Station Dealers of America, the Society of Independent Gas Marketers of 
America, and the Petroleum Equipment Institute. A discussion of the 
basis for these proposed thresholds is found in a technical memo that 
you can review at the CERCLA Docket Office, in docket number 300RR-IF1 
(for the address of the docket office, see the ADDRESSES section in 
this preamble). For the minority of retail gas stations where gasoline 
or diesel fuel are not stored entirely underground, the existing 
reporting threshold of 10,000 pounds would still apply. When gasoline 
and diesel fuel are not stored entirely underground, the risk of 
catastrophic release is not mitigated as it generally is when these 
substances are stored entirely underground. Also, when not stored in 
underground storage tanks, these substances aren't regulated under the 
RCRA UST program.
    The reporting thresholds that EPA is proposing today are intended 
to provide relief from reporting gasoline and diesel fuel stored at the 
great majority of retail gas stations, including truck stops. Retail 
gas stations with unusually large inventories of gasoline or diesel 
fuel would still be required to report. EPA is not intending to relieve 
gasoline and diesel fuel from reporting when stored at facilities other 
than retail gas stations, or when stored above ground at retail gas 
stations, or when stored in amounts in excess of an amount typically 
found at retail gas stations.
    Under this proposal, retail gas stations using underground tank 
systems that do not comply with EPA's UST regulations under 40 CFR part 
280 (53 FR 37082) would be subject to the current threshold of 10,000 
pounds for gasoline and diesel fuel. Part 280 includes requirements for 
UST system design,

[[Page 31271]]

construction, installation, operation, release detection, release 
reporting, corrective action and financial responsibility. As of 
December 23, 1998, part 280 will also require all UST systems to meet 
certain requirements for corrosion protection and spill and overfill 
prevention. Gasoline and diesel fuel stored in underground tank systems 
that are not in compliance with the UST regulations would not be 
eligible for the higher threshold proposed today, because the Agency 
believes that they continue to pose a significant risk of release, 
contamination of soil and ground water, seepage of vapors into 
underground areas, and even fire and explosions. The Agency believes 
that the large majority of retail facilities will be subject to the 
higher thresholds in today's proposed rule, because they meet the 
current UST system requirements and will meet those in effect as of 
December 23, 1998.
    The proposed thresholds are presented in gallons, instead of pounds 
like the existing reporting thresholds under current 40 CFR part 370. 
The existing reporting thresholds apply to solids, liquids and gases, 
therefore the reporting threshold is in pounds in order to provide a 
consistent measure for all three phases. However, because gasoline and 
diesel fuel are liquids, EPA believes that facilities measure their 
stock of gasoline and diesel fuel in gallons, not in pounds. In 
addition, the densities of gasoline and diesel fuel vary with 
temperature, grade, and time of year, so volume is a more reasonable 
measure for establishing threshold quantities for these substances. EPA 
requests public comment on setting the proposed thresholds in gallons 
instead of pounds, and whether this would create confusion because the 
other thresholds under part 370 are in pounds.
    EPA also seeks public comment on its rationale for proposing to 
raise the reporting thresholds for gasoline and diesel fuel stored 
entirely underground, and in compliance with the UST regulations, at 
retail gas stations. Additionally, EPA requests comments on the 
suitability of the proposed thresholds. As noted, EPA's intent is to 
establish thresholds corresponding to amounts just higher than the 
typical total amounts of gasoline and diesel fuel held at retail gas 
stations. EPA seeks comment on whether this approach is appropriate for 
this rule, and whether the proposed amounts accurately reflect this 
approach.
    While this proposed regulatory change is intended to generally 
provide relief from reporting MSDSs under EPCRA section 311 and annual 
Tier I inventory information under EPCRA section 312, public access to 
MSDSs and Tier II inventory information regarding gasoline and diesel 
fuel of any quantity would be preserved in specific circumstances 
because the threshold for reporting in response to a request for 
information (by State or local officials) would remain zero. Section 
370.21(d) of the existing rule requires that MSDSs be provided upon 
request of the LEPC, and section 370.25(c) requires that Tier II 
information be provided upon request of the SERC, LEPC, or fire 
department with jurisdiction over a facility. Section 370.20(b)(3) in 
the existing rule provides that the minimum reporting threshold for 
reporting in response to a request is zero. In other words, a facility 
with gasoline or diesel fuel of any quantity would continue to be 
required to provide this information upon request. However, under EPCRA 
section 312(e)(3)(C), and section 370.61(a) of today's proposed 
regulations, if a person submits a request to a SERC or LEPC for Tier 
II information regarding a hazardous chemical that a facility doesn't 
store in excess of 10,000 pounds, and the SERC or LEPC does not have 
the Tier II information in its possession, then the person making the 
request must indicate the general need for the information; the SERC or 
LEPC, as the case may be, has discretion in deciding whether to request 
that information from the facility. In today's proposed rule the zero 
reporting threshold for reporting in response to requests for an MSDS 
or Tier II information is retained, and is found in proposed section 
370.10(b). In addition, States and local governments always may choose 
to establish lower thresholds under State or local law.
    The terms ``gasoline'' and ``diesel fuel'' have been used without 
definition in today's proposed rulemaking, because EPA believes that 
the meanings of these terms are understood by the general public. It is 
EPA's intention to raise the reporting thresholds under sections 311 
and 312 of EPCRA for gasoline and diesel fuel, but not for any other 
hydrocarbon mixtures (e.g., aviation fuel). Comments are requested 
concerning whether EPA should define gasoline and diesel fuel, in order 
to clarify that other types of hydrocarbon mixtures aren't subject to 
the higher thresholds. EPA also seeks suggestions for technical 
definitions of gasoline and diesel fuel.
    The proposed regulatory text reflecting the establishment of higher 
thresholds for gasoline and diesel fuel when stored entirely 
underground at retail gas stations is located in section 370.10(a)(2) 
of today's rulemaking. Within that proposed section, the term ``retail 
gas station'' has been defined as a retail gasoline facility 
principally engaged in selling gasoline to the public, and convenience 
stores engaged in selling gasoline to the public, for purposes of 40 
CFR part 370 regulations implementing EPCRA sections 311 and 312.
    EPA proposes to raise the reporting threshold for gasoline and 
diesel fuel at retail gas stations when held in tanks that are entirely 
underground. EPA has chosen to use the phrase ``entirely underground'' 
instead of ``underground storage tank'' (UST) to establish 
applicability of the proposed thresholds because, under RCRA, UST has a 
specific meaning that includes tanks with a significant portion of 
their volume above ground. USTs include tanks, the volume of which 
(including the volume of underground pipes connected thereto) is 10 
percent or more beneath the surface of the ground. In today's proposal, 
EPA intends the proposed reporting thresholds to apply only to storage 
in tanks that are entirely underground, which generally mitigates the 
risk of catastrophic release.
    EPA has had discussions with various stakeholders regarding the 
establishment of a higher reporting threshold for gasoline at retail 
gas stations. During those discussions, some State and local entities 
expressed a desire to continue to receive information on gasoline at 
retail gas stations, and a concern that they would not be able to get 
the information if it were not required under Federal regulations. EPA 
would like to know if these concerns are widespread among State and 
local governments. In addition, EPA seeks comments from SERCs, LEPCs 
and fire departments on whether the information on gasoline and diesel 
fuel at retail gas stations received under sections 311 and 312 is 
useful to them, and if so, how it is used. Some State entities have 
also expressed concern that raising the reporting threshold for 
gasoline and diesel fuel at retail gas stations may trigger other 
industries to request higher thresholds. As discussed above, EPA 
believes that gasoline and diesel fuel, when stored entirely 
underground and in compliance with the UST regulations, at retail gas 
stations, present a unique situation for which a higher reporting 
threshold is warranted.
    EPA understands that some States generate funds for support of 
their EPCRA programs through fees collected from facilities that comply 
with section 312. Such States may oppose raising the thresholds for 
gasoline and diesel fuel, as proposed in today's rulemaking,

[[Page 31272]]

because of the potential for loss of revenue. EPCRA does not provide 
for annual Federal funds for State implementation of the EPCRA program. 
However, some Federal funds are available through EPA grants, or 
through other Federal agencies, to support emergency planning and 
community right-to-know programs (e.g., Hazardous Materials Emergency 
Preparedness Grants administered through the Department of 
Transportation). In addition, States that want to retain a fee system 
that includes retail gasoline stations could choose to establish lower 
thresholds for gasoline and diesel fuel under State law. EPA currently 
believes that routine reporting of gasoline and diesel fuel at retail 
gas stations, when stored entirely underground and in compliance with 
the UST regulations, is not necessary nationwide. The Agency further 
believes that the generation of fees is not sufficient justification 
for requiring such reporting, and will not consider State fee 
generation in its decision on whether or not to raise the reporting 
threshold for gasoline and diesel fuel at retail gas stations.
    EPA is soliciting comments on these proposed regulatory changes, 
and on EPA's rationale for the changes. The idea of relieving retail 
gas stations from routinely reporting gasoline and diesel fuel under 
EPCRA sections 311 and 312 came from the suggestions of stakeholders, 
including the U.S. Small Business Administration (SBA). EPA would like 
to know whether there is general support among stakeholders and the 
public regarding this issue. EPA has included a June 18, 1995 letter 
from the Chief Counsel for Advocacy at SBA, related letters, and a 
contractor report prepared for the Office of Advocacy that discusses 
various regulatory alternatives for providing paperwork relief to 
retail gas stations, in the CERCLA Docket Office (Docket No. 300RR-IF-
1).
    EPA also seeks comment on whether or not it would be useful to 
provide a specific industry classification code (or codes) to help 
describe the universe of facilities to which the proposed higher 
threshold for gasoline and diesel fuel would apply. In addition, EPA 
seeks comments regarding whether it would be more helpful to provide a 
Standard Industrial Classification (SIC) code, or a North American 
Industry Classification System (NAICS) code, or both types of codes. 
NAICS is a new economic classification system that replaces the 1987 
SIC system. On April 9, 1997, the Office of Management and Budget 
published a document in the Federal Register (62 FR 17288) regarding 
the replacement of the 1987 SIC by the 1997 NAICS.
    EPA believes that it can best serve the public by requiring a 
manageable quantity of reporting data, which can be supplemented by 
requests for additional information and the imposition of lower State 
or local thresholds when appropriate. EPA's objective is to find a 
sound balance between the amount of information collected, and the 
public benefit served by the information. In developing this proposal, 
EPA considered whether any chemicals or facilities, in addition to 
gasoline and diesel fuel at retail gas stations, should be relieved of 
routine reporting under sections 311 and 312 of EPCRA. EPA applied the 
same four factors discussed earlier in this section to other chemicals 
and facilities. For example, EPA applied the four factors to propane 
retailers and determined that these entities do not meet the factors 
necessary to warrant higher thresholds:
    <bullet> Propane--EPA considered whether the reporting threshold 
for propane at propane retailers should be raised in a similar manner 
as for gasoline and diesel fuel at retail gas stations. From the 
perspective of community right-to-know (factor 1), the Agency believes 
the public and emergency officials are less familiar with the locations 
of propane retailers, and with propane itself and the associated 
hazards (factor 2), than the public and emergency officials are with 
gasoline and diesel fuel. EPA believes that propane is not generally 
stored entirely underground (factor 3), and also is not regulated by 
the UST program under RCRA (factor 4). Based on the application of the 
four factors to propane retailers, EPA believes that raising the 
reporting threshold under sections 311 and 312 for propane at propane 
retailers would not be protective of public health and the environment, 
and would not be consistent with the fundamental purposes of EPCRA.
    EPA found that several other types of facilities presented 
situations similar to retail gasoline stations. At this time, however, 
the Agency does not believe the following facilities meet the community 
right-to-know criteria (factor 1) for inclusion into this higher 
reporting threshold because the public and emergency officials are 
generally less familiar with the location of these facilities, and may 
not know whether and where any particular facility stores gasoline and 
diesel fuel. Based on this belief, EPA is not proposing to raise the 
reporting threshold for the following entities. However, the Agency is 
requesting comment on whether communities nationwide are in fact aware 
of the location of these facilities and whether they store gasoline and 
diesel fuel, and whether or not it would be appropriate to raise the 
threshold for the following types of facilities.
    <bullet> Motor pools, van and bus lines, rental car facilities and 
other vehicle fleets--EPA considered whether the proposed higher 
reporting thresholds for gasoline and diesel fuel should apply to other 
facilities that store gasoline or diesel fuel, such as motor pools, van 
and bus lines, rental car facilities and other vehicle fleets. These 
types of facilities don't retail gasoline or diesel fuel, and not all 
of them have gasoline and diesel fuel. The public and local emergency 
officials may not be aware of the presence of gasoline or diesel fuel 
at these types of facilities and may not readily recognize these 
facilities as potentially containing hazardous chemicals (factor 1). As 
with retail gasoline stations, however, the public and emergency 
officials are generally aware of the hazards of gasoline and diesel 
(factor 2). Also, these types of facilities generally store the 
chemicals entirely underground (factor 3) and the underground tanks are 
subject to UST (factor 4). Nonetheless, these facilities do not 
distribute gasoline and diesel fuel in a retail manner, the public may 
not have access to these facilities, and the public is less likely to 
know the location of these chemicals at these facilities. Because EPA 
does not currently believe that these facilities meet factor 1, EPA is 
not proposing to raise the reporting thresholds for gasoline and diesel 
fuel at motor pools, van and bus lines, rental car facilities and other 
vehicle fleets at this time.
    <bullet> Marinas--EPA also applied the factors to determine whether 
the proposed higher reporting thresholds for gasoline and diesel fuel 
should apply to marinas. Unlike retail gasoline stations, not all 
marinas have gasoline. Therefore, as with the other types of facilities 
discussed above, the public and local emergency officials may not be 
aware of the presence of gasoline or diesel fuel at these types of 
facilities or as readily recognize them as potentially containing 
hazardous chemicals (factor 1). However, like gas stations, marinas 
that store gasoline generally retail it to boat owners at pumps 
accessible to the public. As with retail gasoline stations, the public 
and emergency officials are generally aware of the hazards of gasoline 
and diesel fuel (factor 2). Also, like retail gasoline stations, 
marinas can store the gasoline and diesel fuel underground (factor 3) 
and would be subject to UST regulations (factor 4). The Agency however, 
is not proposing to raise the reporting threshold for

[[Page 31273]]

gasoline and diesel fuel when stored at marinas, at this time. Because 
the public and emergency officials may not be aware of whether or not a 
marina stores gasoline, the Agency believes continued reporting is 
warranted.
    EPA will consider all comments received regarding alternate 
reporting thresholds for marinas, motor pools, van and bus lines, and 
rental car facilities. EPA believes that public comment could reveal 
that the public and emergency officials nationwide are aware of the 
presence and location of gasoline and diesel at some or all of these 
types of facilities, as at retail gas stations. If the public comments 
are conclusive that such types of facilities meet the community right-
to-know criteria (factor 1), EPA may decide to add these facilities to 
the final rule or issue a supplementary notice with additional 
information and opportunity for public comment before making a final 
decision.
    Should EPA find, based on public comment, that the public and 
emergency officials are aware of the presence of gasoline and diesel 
fuel at these other facilities discussed here, and decide to raise 
reporting thresholds for such facilities, the Agency would list the 
specific types of facilities in the regulation, with appropriate 
threshold levels. If EPA were to raise the reporting thresholds for 
such facilities, the threshold levels would be based upon the 
quantities of gasoline and diesel fuel that are routinely stored at 
these facilities, so that facilities with typical capacities would be 
relieved from reporting. EPA believes that the public and emergency 
officials would not be aware of the amount stored at facilities with 
above normal inventories, even if they were aware of the presence of 
gasoline and diesel fuel at such facilities. EPA seeks data that would 
assist it to determine the quantities routinely stored at such 
facilities, and also on whether quantities routinely stored would be 
the appropriate standards for use in establishing alternate thresholds. 
Were EPA to set an alternative threshold for such facilities for 
reporting of MSDSs under EPCRA section 311 and annual Tier I 
information under EPCRA section 312, EPA would still preserve public 
access to MSDSs and Tier II information in specific circumstances by 
retaining a reporting threshold of zero for response to a request for 
information by state or local officials, just as it is currently 
proposing to do for retail gas stations.
2. Relief From Routine Reporting Requirements for Substances With 
Minimal Hazards and Minimal Risks Under EPCRA Sections 311 and 312
    A substance is subject to reporting under EPCRA sections 311 and 
312 if OSHA's hazard communication standard, codified at 29 CFR 
1910.1200, requires the owner or operator of a facility to prepare or 
have available an MSDS for that substance. See EPCRA sections 311(a)(1) 
and 312(a)(1). OSHA's hazard communication standard is designed to 
promote worker safety and health; the requirements of that standard are 
applicable to any hazardous chemical that is known to be present in the 
workplace in such a manner that employees may be exposed under normal 
conditions of use or in a foreseeable emergency. The definition of 
hazardous chemical under OSHA's hazard communication standard is very 
broad, and includes any chemical which is a physical hazard or a health 
hazard (29 CFR 1910.1200(c)).
    EPA believes that certain substances that may present a physical or 
health risk to employees in the workplace, and are therefore considered 
to be hazardous chemicals and subject to OSHA's hazard communication 
standard, may have minimal inherent hazards and may not, depending upon 
the circumstances, present a significant risk to the health of 
individuals in the community, to emergency responders on-site, or to 
the environment. Such substances, although important under OSHA, are 
not generally of regulatory significance under EPCRA sections 311 and 
312. The reporting requirements under sections 311 and 312 are intended 
to enhance communities' and emergency response officials' awareness of 
chemical hazards, to facilitate the development of State and local 
emergency response plans, and to aid communities and emergency response 
officials in preparing for and responding to emergencies safely and 
effectively. Although hazardous chemical reporting under EPCRA sections 
311 and 312 is not intended to duplicate the role that OSHA's hazard 
communication standard has of protecting worker safety, it is intended 
to extend the worker safety protection provided under OSHA to emergency 
response officials. As described below, EPA proposes to provide 
reporting relief for substances that are not of regulatory significance 
under EPCRA, using the Agency's authority to establish reporting 
thresholds. Under this proposal, relief from routine reporting means 
that facilities would not need to report MSDS and inventory 
information, except for reporting in response to requests for 
information (the requirements for reporting in response to requests are 
discussed further below). EPA intends to accomplish relief from routine 
reporting by establishing infinite threshold levels for these 
substances.
    The current threshold levels for reporting under EPCRA sections 311 
and 312 are 500 pounds (or the threshold planning quantity (TPQ), 
whichever is lower) for extremely hazardous substances (EHSs), and 
10,000 pounds for other hazardous chemicals. In the preamble to the 
proposed rule to set these threshold levels, EPA stated that the Agency 
``would have liked to establish risk-based reporting thresholds that 
take into consideration the hazards posed by the chemicals, the 
potential for a significant release, and the potential exposure of 
surrounding populations'' (54 FR 12994, March 29, 1989). However, 
because of the tens of thousands of hazardous chemicals covered under 
sections 311 and 312, ``a chemical-specific approach simply was not 
feasible.'' In today's proposed rule, EPA is reconsidering this 
approach for chemicals that are OSHA hazardous chemicals because of the 
way they are used in the workplace (and their potential for worker 
exposure) but have minimal inherent hazards and present minimal 
physical or health risks to individuals in the community and emergency 
response personnel on-site, and present minimal risks to the 
environment. EPA is seeking public comment on potential approaches to 
raise the reporting threshold or otherwise reduce the reporting burden 
for these chemicals that have minimal inherent hazards and pose minimal 
risks under the EPCRA sections 311 and 312 program.
    EPCRA empowers EPA to establish reporting thresholds under sections 
311 and 312 of EPCRA. Both sections 311(b) and 312(b) of EPCRA give EPA 
broad authority to establish threshold quantities for hazardous 
chemicals below which reporting is not required. Both statutory 
provisions also state that, in EPA's discretion, the thresholds may be 
based on classes of chemicals or categories of facilities. Thus, under 
the statute EPA's authority to establish thresholds includes, but is 
not limited to, thresholds that are based on classes of chemicals or 
categories of facilities. As noted previously, Congress broadly 
empowered EPA to establish thresholds so that EPA could ``provide for 
the development of a manageable program.'' Conference Report at 5104. 
The legislative history also calls for EPA, in establishing thresholds 
under section 312(b) to ``consider the degree to which the hazardous 
chemical, if released at

[[Page 31274]]

the facility, would endanger the health of individuals in the 
community, including emergency response personnel.'' Conference Report 
at 5104-5105.
    EPA is proposing to establish an infinite threshold level for the 
class of chemicals with minimal inherent hazards, and presenting 
minimal risks, under the EPCRA sections 311 and 312 program (an 
infinite threshold level means a threshold level so great that, no 
matter what amount is present at a facility, the amount present is less 
than the threshold level). At the same time, the Agency believes that 
the local community is best situated to make judgments about the level 
of risk presented in site-specific circumstances. Thus, EPA is 
proposing to establish specific criteria governing the class of 
substances that may qualify for an infinite threshold. With this 
approach, EPA is endeavoring to promote decision-making about 
information routinely reported under EPCRA sections 311 and 312, based 
on community specific concerns. EPA seeks public comment on this 
proposal, and also requests other suggestions for ways to bridge 
community-based judgments about the level of risk presented by 
substances in specific circumstances, with EPA's authority to establish 
thresholds.
    EPA proposes the establishment of an infinite threshold level for 
the class of chemicals with minimal inherent hazards and presenting 
minimal risks under the EPCRA sections 311 and 312 program. The 
criteria for determining whether a substance may, under certain 
circumstances, be included within this class of chemicals would govern 
whether individual substances are assigned an infinite threshold level 
and therefore not subject to routine reporting under EPCRA sections 311 
and 312. EPA proposes to relieve this class of substances from routine 
reporting under EPCRA sections 311 and 312 in only those cases where 
the specific conditions warrant such relief.
    The proposed threshold is as follows. A hazardous chemical would be 
deemed to have a minimal hazard and present a minimal risk under the 
EPCRA sections 311 and 312 program, and the owner or operator would be 
relieved from the routine reporting requirements under these 
provisions, if the chemical meets each of the following criteria:
    (1) The chemical has a minimal inherent hazard and presents a 
minimal physical or health risk, to individuals in the community beyond 
the site or sites on which the facility is located, and to emergency 
responders on-site, under normal conditions of production, use, or 
storage, or in a foreseeable emergency.
    (2) The chemical has a minimal inherent hazard and presents a 
minimal risk, to the environment beyond the site or sites on which the 
facility containing the chemical is located.
    (3) The SERC, the LEPC and the fire department with jurisdiction 
over the facility have been notified of the facility's assessment 
regarding a chemical that has a minimal inherent hazard and presents a 
minimal risk. (The proposed requirements for notification are discussed 
further below.)
    In today's proposed regulation, paragraph 370.10(a)(2)(v) provides 
that, for any chemical meeting the specific criteria for minimal 
inherent hazards and minimal risks under proposed section 370.11, the 
threshold level is infinite. Proposed section 370.11 provides the 
criteria that must be met for a hazardous chemical to qualify for the 
proposed infinite threshold level, including the proposed requirements 
for notification to the SERC, the LEPC and the fire department.
    It is important to note that, under today's proposed rule, the 
following substances do not qualify for the infinite threshold level: 
substances that are listed as Extremely Hazardous Substances (EHSs) 
under EPCRA section 302 (40 CFR part 355); regulated substances under 
the Clean Air Act (CAA) Risk Management Program (RMP) (40 CFR part 68); 
hazardous substances under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) (40 CFR part 302); 
toxic chemicals under the toxic chemical release reporting requirements 
of EPCRA section 313 (40 CFR part 372). See proposed paragraph 
370.11(a). Substances that are covered under these other programs are 
regulated because of the significant hazards they present; so such 
substances could not meet the proposed criteria for minimal hazards. 
EPA seeks public comment on these or any other lists of regulated 
substances that should be categorically excluded from the proposed 
class of chemicals with minimal inherent hazards and presenting minimal 
risks, under the EPCRA sections 311 and 312 program.
    The application of the proposed infinite threshold depends on the 
conditions of a particular substance at a particular facility. The 
level of risk associated with a substance depends on a variety of 
chemical and facility-specific factors, including the identity of the 
substance involved and the nature of the facility. A substance may meet 
the proposed criteria for an infinite threshold at a particular 
facility, due to the relevant circumstances at that facility, but may 
not meet the criteria at a different facility.
    The infinite threshold level proposed today could only apply to 
substances that have a minimal inherent hazard. EPA doesn't intend the 
proposed threshold to apply to any substance that, because of its 
inherent hazards, could present a significant risk to emergency 
responders at a facility (or to the surrounding community or 
environment) in the event of a release. Examples of substances which 
might be covered by the proposed infinite threshold may include 
substances that are OSHA hazardous chemicals solely because of an 
irritation hazard only to employees regularly exposed in the workplace, 
but for which there is no other acute health hazard.
    Implementation of the proposed infinite threshold would be 
optional--any facility owner or operator would have a choice whether to 
make an assessment regarding a hazardous chemical present at their 
facility. Upon making an assessment that a hazardous chemical met the 
criteria for the infinite threshold level, a facility owner or operator 
would notify the SERC, the LEPC and the local fire department of such 
assessment, the name of the chemical, and any conditions relevant to 
the assessment. Any facility owner or operator may choose not to make 
use of the proposed threshold for any hazardous chemicals at their 
facility, in which case they would continue to routinely report all 
covered hazardous chemicals present at their facility above threshold 
levels.
    EPA is considering several options regarding the notification 
requirements associated with this relief from routine reporting 
requirements. In weighing each option, EPA will need to consider the 
requirements associated with each notification option, any burden to 
government entities and industry associated with each option, and the 
government entities' ability to ensure that they continue to receive 
information that they believe is necessary. While the proposed 
regulatory text includes only one of these options, based on this 
document and opportunity for public comment, EPA may, in the final 
rulemaking action, choose to promulgate any combination of the proposed 
options discussed below. EPA seeks comments on all of the notification 
options discussed below.
    In today's document, EPA proposes that any facility owner or 
operator that makes an assessment that a specific substance meets the 
infinite threshold

[[Page 31275]]

criteria notify the SERC, the LEPC, and the local fire department with 
jurisdiction over the facility (see proposed section 370.11(b)(1)). The 
SERC, the LEPC or the local fire department may request additional 
information on the basis of the assessment or otherwise question the 
assessment. The required notification must include the name of the 
chemical for which an assessment has been made and any conditions 
relevant to that assessment. EPA recommends, but does not require, this 
notification be in writing. If a facility owner or operator makes an 
assessment, but fails to follow the required notification procedures, 
the substance in question would not qualify for the proposed infinite 
threshold--such a substance would continue to be subject to routine 
reporting. The notification need only be made once (not annually), 
provided that there are no changes in the conditions of that substance 
at the facility that might affect whether the substance continues to 
meet the proposed criteria. Requirements for re-notification due to a 
change in conditions are discussed further below.
    In the paragraph above, EPA has stated that the notification of a 
facility's assessment regarding a hazardous chemical would not have to 
be in writing. Another option would be to require that such 
notification be in writing. EPA could also require, as part of the 
notification, that the facility provide a brief description of why a 
chemical meets the criteria for minimal hazard/minimal risk chemicals. 
EPA requests comment on the contents of the notification, as well as on 
whether or not EPA should require the notification be in writing.
    The proposed notification requirement imposes a minimal burden to 
qualify for relief from routine reporting. This option does not require 
EPA, the SERC, the LEPC or the fire department to review the facility's 
assessment. However, EPA, the SERC, the LEPC or the fire department may 
evaluate the assessment and may contact the facility to discuss the 
assessment at any time. In addition, EPA and these three other 
governmental entities may bring enforcement and/or civil actions if a 
facility uses the infinite threshold for a hazardous chemical that does 
not meet the proposed criteria.
    Another option would include requiring a notice of acceptance from 
the SERC, the LEPC and local fire department before a facility could 
apply the proposed infinite threshold level. In this case, the infinite 
threshold would apply only for reporting to an entity that has accepted 
the assessment. Therefore, if a facility owner or operator does not 
receive notice of acceptance from the SERC, the LEPC or the fire 
department, the facility's assessment has effectively been rejected, 
and the infinite threshold level does not apply to the hazardous 
chemical in question (for purposes of reporting to any entity that has 
not accepted the determination). If a SERC, LEPC, or fire department 
did not notify a facility that its assessment regarding a specific 
substance had been accepted, but the facility owner or operator failed 
to report the substance as required under sections 311 and 312 and the 
implementing regulations (that is, they failed to comply with the 
routine reporting requirements and did their reporting as if that 
substance was subject to an infinite threshold level), such a facility 
could be subject to an enforcement action.
    SERCs, LEPCs and local fire departments each evaluate, and set 
priorities for, emergency planning and hazardous chemical community 
right-to-know under EPCRA sections 311 and 312, and may have their own 
information needs. Thus, one entity may agree with the facility owner 
or operator that the threshold properly applies, and another entity may 
disagree. Because each SERC, LEPC or local fire department would have 
discretion concerning the acceptance or rejection of facilities' 
assessments regarding specific OSHA hazardous chemicals, a particular 
quantity of a specific substance might be reportable at one facility, 
and not reportable at another facility.
    In addition, the SERC, the LEPC or the local fire department might 
choose to accept the facility's assessment, but only under specific 
conditions. Thus, the facility owner or operator, the SERC, the LEPC, 
or the local fire department might each establish conditions under 
which a specific substance is covered by the proposed infinite 
threshold. Some examples of conditions on the use of the proposed 
infinite threshold could include: type of storage vessel, or whether 
stored aboveground or underground.
    Another option would be to allow the SERC, the LEPC, and the local 
fire department to reject the facility's assessment. In this case, the 
SERC, the LEPC, or the fire department would notify the facility only 
if its assessment had not been accepted. The substance in question 
would not be covered by the proposed infinite threshold for purposes of 
reporting to that specific entity that rejected the assessment.
    An additional option would require the facility to maintain the 
records that served as the basis for the assessment. Under this option, 
the facility would not have to notify the SERC, the LEPC and the local 
fire department of its assessment. The facility, however, would need to 
be able to produce the assessment records upon request.
    The Agency is seeking comments on all of these notification 
options. In the final rulemaking action, the Agency may promulgate any 
option or combination of options proposed above.
    A hazardous chemical would no longer qualify for the proposed 
infinite threshold level if a change occurred that could affect whether 
the chemical continued to meet the specific criteria under proposed 
section 370.11. Such a substance would instead be subject to the usual 
hazardous chemical reporting threshold (generally 10,000 pounds), and 
would be routinely reported in accordance with EPCRA sections 311 and 
312 and the implementing regulations. If the facility owner or operator 
made an assessment that, under the changed conditions, the substance 
met the specific criteria for minimal hazards and minimal risks, it 
would be necessary to repeat the proposed notification procedures (see 
proposed section 370.11(b)(3)). Until the notification requirements 
were met, the chemical would need be routinely reported, based on the 
applicable threshold level (generally 10,000 pounds).
    While EPA intends, in this proposal, to provide relief from 
reporting material safety data sheets (MSDSs) under EPCRA section 311 
and annual Tier I inventory information under EPCRA section 312, public 
access to MSDSs and Tier II inventory information regarding substances 
fitting the proposed criteria would be preserved in specific 
circumstances because the threshold for reporting in response to a 
request for information (by a State or local official) would remain 
zero. In other words, EPA is not proposing any changes to the existing 
requirements under EPCRA regarding public access to hazardous chemical 
information. These requirements are discussed in detail in part IV.A.1. 
of this document. In addition, State and local governments always may 
choose to establish lower thresholds under State or local law, if 
appropriate.
    EPA requests comments concerning the proposed infinite threshold 
described here. EPA also requests comments regarding whether the 
specific criteria proposed will achieve the goal of establishing a 
class of substances that can be relieved from routine reporting burdens 
without significant risk to the community including emergency response

[[Page 31276]]

personnel, and seeks suggestions regarding additional or different 
criteria to achieve that goal.
    EPA seeks comments on a number of issues regarding the 
implementation and administration of the proposed threshold described 
here. The one-time notification described above (with re-notification 
if warranted by changes in conditions) is, in EPA's view, a less 
burdensome requirement than the annual submission of information--EPA 
requests public comment on whether such a notification would, in fact, 
be less burdensome than annual reporting. EPA would also like to know 
if SERCs, LEPCs and local fire departments would be concerned that the 
burden placed on them to review and respond to such notifications would 
be significant. EPA also seeks comment on imposing conditions on the 
use of the proposed infinite threshold level. Additionally, EPA is 
interested in public comment on whether there are any concerns over the 
inconsistencies that may develop in reporting, since a specific 
substance might be reportable at one facility, and not be reportable at 
another facility, under this proposal.
    In today's rulemaking, EPA is proposing the above approach to 
provide relief for facilities from routinely reporting substances that 
have minimal hazards, and present minimal risks to the community and to 
emergency response personnel, and present minimal risks to the 
environment. EPA is also exploring an alternative approach to achieve 
that goal, and is seeking feedback on that alternative approach. Under 
the alternative approach, any substance which was determined to have 
minimal hazards and present minimal risks, using the proposed criteria 
described above, would be put into a newly created subset of OSHA 
hazardous chemicals that would be called Type 2 hazardous chemicals 
under EPCRA. Type 2 hazardous chemicals would be subject to the same 
reporting thresholds (generally 10,000 pounds), and reporting 
deadlines, as all hazardous chemicals that are reportable under EPCRA 
sections 311 and 312, but the information requirements under section 
312 would be reduced. Under section 312 and the implementing 
regulations, the maximum amount and average daily amount of hazardous 
chemicals are to be reported in ranges. For Type 2 hazardous chemicals, 
the reporting ranges would be much broader than the usual ranges. The 
ranges would be so broad that, each year, the range reported for a Type 
2 hazardous chemical would not likely change. In addition, a facility 
owner or operator would be able to incorporate by reference information 
previously reported on a Type 2 hazardous chemical, in the manner 
described in part V.A.4 of this document. In other words, if the 
information regarding a Type 2 hazardous chemical did not change from 
year to year, it would not be necessary to report any new information 
for that specific hazardous chemical. It would, however, be necessary 
to report that the information submitted the prior year for that 
hazardous chemical was incorporated by reference into the current 
report. A detailed discussion on the concept of incorporation by 
reference, including issues and concerns, is found in part V.A.4 of 
this preamble. In order to report a Type 2 hazardous chemical, a 
facility owner or operator would need to provide notice to the SERC, 
the LEPC and the local fire department of their assessment that a 
hazardous chemical was of Type 2. The notice requirement might be 
satisfied by providing a brief explanation, when submitting inventory 
information under section 312, of the minimal inherent hazards 
associated with a specific substance, and of the conditions under which 
that substance presents minimal risks. EPA will review the public 
comments received regarding this alternative approach, and may consider 
publishing a supplemental proposal if this approach is feasible.
    In today's document, EPA seeks to relieve facilities from routine 
reporting of substances that are not generally relevant for the 
hazardous chemical community right-to-know and emergency planning 
purposes of EPCRA sections 311 and 312, but that are considered 
hazardous chemicals under OSHA because of the way they are used in the 
workplace. While EPA's goal is to relieve facilities from routine 
reporting of information that is not useful to the community, EPA does 
not intend to compromise communities' right-to-know. EPA intends, in 
this proposal, to achieve this goal in a manner that is reasonable and 
also consistent with the requirements under the EPCRA statute. EPA 
seeks public comments on the feasibility of the various alternatives 
discussed here, and also seeks suggestions on any other ways that this 
goal may be achieved.
3. Relief From Routine Reporting for Sand, Gravel and Rock Salt Under 
EPCRA Sections 311 and 312
    As discussed above, a substance is subject to EPCRA sections 311 
and 312 if OSHA's hazard communication standard, codified at 29 CFR 
1910.1200, requires the owner or operator of a facility to prepare or 
have available an MSDS for that substance. OSHA's hazard communication 
standard is designed to protect worker safety, and the requirements of 
that section are applicable to any hazardous chemical that is known to 
be present in the workplace in such a manner that employees may be 
exposed under normal conditions of use or in a foreseeable emergency. 
The definition of hazardous chemical under OSHA is very broad. EPA 
believes that certain substances that may present a physical or health 
hazard to employees in the workplace (and are therefore considered to 
be hazardous chemicals and subject to OSHA's hazard communication 
standard) have minimal inherent hazards, and present minimal 
environmental risks and minimal physical or health risks to the 
community or to emergency responders on-site; therefore these 
substances are not generally of regulatory significance under EPCRA 
sections 311 and 312. Also, as discussed in the previous part of the 
document, sections 311(b) and 312(b) of EPCRA allow EPA to establish 
threshold quantities for hazardous chemicals below which no facility 
needs to report (except in response to a request for information).
    EPA believes that sand, gravel and rock salt, which may be 
considered hazardous chemicals under OSHA's hazard communication 
standard, have minimal inherent hazards and generally would not have 
the potential to present significant risks to the community or to 
emergency responders on-site, regardless of site-specific 
circumstances, and are therefore not of regulatory significance under 
EPCRA sections 311 and 312. Specifically, EPA believes that sand, 
gravel and rock salt meet the following two criteria:
    (1) Sand, gravel and rock salt have a minimal inherent hazard and 
present a minimal physical or health risk, to individuals in the 
community beyond the site or sites on which the facility is located, 
and to emergency responders on-site, under normal conditions of 
production, use, or storage, or in a foreseeable emergency.
    (2) Sand, gravel and rock salt have a minimal inherent hazard and 
present minimal risks, to the environment beyond the site or sites on 
which the facility containing the chemical is located.
    The threshold for reporting hazardous chemicals under EPCRA 
sections 311 and 312 is currently 10,000 pounds for the majority of 
substances. In today's rulemaking, EPA is proposing to establish an 
infinite threshold level for sand, gravel and rock salt. An infinite 
threshold level means that, regardless of

[[Page 31277]]

the amount of sand, gravel or rock salt present at a facility at any 
one time, the amount would not trigger routine reporting under sections 
311 and 312. Section 370.10(a)(2)(iv) in today's proposed rule contains 
the proposed infinite threshold level for sand, gravel and rock salt.
    Setting this infinite threshold level would not create an exemption 
from reporting, however, because reporting would still be required in 
response to a request. While EPA intends, in this proposal, to provide 
relief from reporting material safety data sheets (MSDSs) under EPCRA 
section 311 and annual Tier I inventory information under EPCRA section 
312, public access to MSDSs and Tier II inventory information regarding 
sand, gravel and rock salt would be preserved in specific circumstances 
because the threshold for reporting in response to a request for 
information (by a State or local official) would remain zero. In other 
words, EPA is not proposing any changes to the existing requirements 
under EPCRA regarding public access to hazardous chemical information. 
The existing requirements are discussed in detail in part IV.A.1. of 
this preamble, above. In addition, States and local governments always 
may choose to establish lower thresholds under State or local law, if 
appropriate.
    A substance such as gravel or sand may be subject to OSHA's hazard 
communication standard because, for example, of the hazard posed by 
respirable dust. EPA understands that such dust may present a health 
hazard to employees who are regularly exposed to it in the workplace. 
However, EPA believes such dust would not pose an acute hazard to 
emergency responders or to the surrounding community, so it is not of 
regulatory significance under EPCRA sections 311 and 312. EPA would 
like to achieve a sound balance between the amount of information 
generated under sections 311 and 312, and the value of that 
information. EPA believes that, although sand, gravel and rock salt may 
fit OSHA's broad criteria for hazardous chemicals, they are not 
generally relevant for the hazardous chemical community right-to-know 
and emergency planning purposes of EPCRA.
    EPA is interested in public comments addressing its belief that 
sand, gravel and rock salt warrant infinite threshold levels to exclude 
these substances from routine reporting under EPCRA sections 311 and 
312. EPA seeks public input on any emergency situations in which any of 
these three substances threatened the health or safety of emergency 
response officials or the surrounding community. Additionally, EPA 
requests public input regarding any other specific hazardous chemicals 
that may also generally not warrant routine reporting under sections 
311 and 312.
    While EPA is proposing to generally relieve sand, gravel and rock 
salt from being routinely reported under EPCRA sections 311 and 312, 
EPA is also proposing in today's document to relieve other hazardous 
chemicals from routine reporting in specific cases where the conditions 
warrant such relief (see part IV.A.2 of this document, which is headed 
``Relief From Routine Reporting Requirements for Substances With 
Minimal Hazards and Minimal Risks Under EPCRA sections 311 and 312''). 
EPA seeks public comment on whether sand, gravel and rock salt should, 
in fact, be absolutely excluded from routine reporting as discussed 
here, or whether these three substances should be treated on a case-by-
case basis, in the manner described in part IV.A.2 of this document.

B. Other Regulatory Changes

1. Reporting of Mixtures Under EPCRA Sections 311 and 312
    In today's document, EPA is rewriting in plain English format the 
current regulation for applying threshold quantities to mixtures and 
reporting mixtures under EPCRA sections 311 and 312, and reorganizing 
the regulation to improve understanding of the requirements (a detailed 
discussion on plain English format is provided in part VI.A. of this 
document). In the preamble discussion below, EPA also generally 
explains the mixture requirements. Although the proposed regulation has 
been rewritten and reorganized, the only substantive changes proposed 
today to the existing mixture regulations are the four specific 
regulatory revisions explained below. EPA seeks public comment on those 
particular proposed regulatory revisions. EPA is not re-opening for 
public comment any other provisions of the mixtures regulation 
contained in today's document, as the regulation is a restatement of 
the existing regulation in plain English format. However, EPA will 
consider public comment on the limited issue of whether EPA, in 
restating and reorganizing the existing regulatory requirements, has 
inadvertently changed the meaning.
    A facility is subject to sections 311 and 312 of EPCRA if the 
facility must prepare or have available an MSDS for a hazardous 
chemical under the Occupational Safety and Health Act (OSHA) and 
regulations issued under that Act. The OSHA regulations allow that 
MSDSs may provide hazard information on a mixture that contains 
hazardous chemicals, or provide hazard information on the individual 
hazardous chemical components of that mixture. For this reason, 
facilities subject to EPCRA sections 311 and 312 might have MSDSs for 
mixtures, or for individual hazardous chemical components of mixtures. 
Therefore, the reporting requirements under sections 311 and 312 permit 
the choice of reporting a mixture as the mixture itself or by its 
hazardous chemical components.
    EPCRA sections 311(a)(3) and 312(a)(3) contain the statutory 
provisions for reporting on mixtures containing hazardous chemicals. 
These provisions state that for a mixture of hazardous chemicals, a 
facility may meet the reporting requirements of section 311 of EPCRA by 
submitting an MSDS (or a list) for the mixture itself, or for each 
hazardous chemical component in the mixture. Similarly, a facility may 
meet the reporting requirements of section 312 by providing inventory 
information for the mixture itself, or for each hazardous chemical 
component of the mixture. If an MSDS (or listing) and inventory form 
are submitted for a hazardous chemical which is a component of a 
mixture (instead of for the mixture itself), and if more than one 
mixture at a facility contains the same hazardous chemical, only one 
MSDS (or one listing) and one entry on the inventory form is necessary 
for that hazardous chemical.
    In the current regulation, section 370.28 contains the requirements 
for applying the reporting threshold to mixtures containing hazardous 
chemicals, and for reporting such mixtures, under EPCRA sections 311 
and 312. Section 370.14 in today's proposed regulation provides the 
requirements for mixtures containing hazardous chemicals. The 
regulatory language in proposed section 370.14 generally reiterates the 
current regulation. However, four regulatory revisions are proposed, 
and are discussed below.
    In today's document, EPA proposes to present some of the more 
complex aspects of the mixture requirements in table format (see 
proposed section 370.14(b)). With the four exceptions identified below, 
EPA is merely restating the existing regulatory requirements in an 
improved format and is not re-opening the underlying regulations for 
public comment (although EPA will consider public comment on the narrow 
issue of whether it has accurately rewritten the existing regulations). 
A detailed

[[Page 31278]]

comparison between the current regulation (existing section 370.28) and 
the proposed regulation (proposed section 370.14) follows:
    <bullet> Section 370.28(a) in the current regulation provides that 
the owner or operator of a facility may meet the requirements for MSDS 
and Tier I information reporting for mixtures containing hazardous 
chemicals by either (1) reporting with respect to each component in the 
mixture that is a hazardous chemical, or (2) reporting with respect to 
the mixture itself. In today's proposed regulation, section 370.14(a) 
and the table in section 370.14(b) repeat this basic reporting option, 
without substantive revision.
    <bullet> Section 370.28(a) in the existing regulation also provides 
that, where practicable, the reporting of mixtures by a facility be 
consistent for inventory reporting and MSDS reporting. The requirement 
for consistent reporting is provided, without substantive change, in 
proposed section 370.14(d) and is also reflected in the reporting 
requirements in the proposed table at section 370.14(b). (The 
requirements for consistent reporting are discussed below.)
    <bullet> Section 370.28(b)(1) in the current regulation provides 
the requirements for calculating the quantity of a hazardous chemical 
component present in a mixture, and proposed section 370.14(c) repeats 
those requirements without substantive change.
    <bullet> Section 370.28(b)(2) in the existing regulation provides 
that, if the reporting is on the mixture itself, the total quantity of 
the mixture shall be reported. This is the first provision where EPA is 
proposing a substantive regulatory revision for public comment. 
Proposed section 370.14(a)(2) and the table in proposed section 
370.14(b) in today's regulation provide the requirements for reporting 
mixtures. Those proposed sections do not include reference to reporting 
``the total quantity of the mixture,'' but instead cross-reference the 
EPCRA sections 311 and 312 information requirements for reporting 
elsewhere within the proposed regulation. The table in proposed section 
370.14(b) directs the reader to proposed sections 370.30 and 370.40, 
which provide the information requirements. EPA therefore believes it 
is not necessary to retain the current regulatory language in section 
370.28(b)(2) and requests public comment on the proposed deletion of 
this provision.
    <bullet> Section 370.28(c)(1) in the existing regulation provides 
EPA's requirements for applying threshold quantities to hazardous 
chemicals that are EHSs, when they are components in mixtures. That 
section provides that all quantities of an EHS present at a facility be 
added together to determine if the reporting threshold has been equaled 
or exceeded-- including the quantity present as a component in all 
mixtures and all other quantities of the EHS at the facility. In 
today's proposed regulation, the requirement to add together all 
quantities of an EHS present at the facility when applying the 
reporting threshold is provided in the table in proposed section 
370.14(b) without substantive revision. However, one limited 
substantive change is proposed to that requirement--language has been 
added to clarify that, when determining the total quantity of an EHS 
present at a facility, the quantity present in a mixture must be 
included even if that particular mixture is also being applied as a 
whole toward the threshold level for that mixture. This is the second 
substantive regulatory revision that EPA is proposing to the mixture 
regulations. EPA requests public comment on the substance of this 
clarification.
    <bullet> Section 370.28(c)(2) in the existing regulation provides 
that, when reporting an EHS that is a component of a mixture, the owner 
or operator of a facility has the basic option to report either with 
respect to each component in the mixture that is a hazardous chemical, 
or with respect to the mixture itself. As noted, this option is 
provided (for all hazardous chemicals including EHSs) without 
substantive revision in proposed section 370.14(a) and the table in 
proposed section 370.14(b).
    <bullet> Note that section 370.21(b) in the existing regulation 
(which provides that facility owners or operators have the option to 
submit a list of hazardous chemicals instead of submitting MSDSs), also 
contains a provision on reporting of mixtures. Proposed section 
370.30(a)(2), which contains the same provision that owners or 
operators have the option to submit a list instead of MSDSs, does not 
contain any provisions on reporting of mixtures because in today's 
proposed rule the requirements for reporting mixtures are consolidated 
in proposed section 370.14.
    <bullet> In today's regulation, the table in proposed section 
370.14(b) specifies EPA's requirements for applying the threshold 
quantity to a hazardous chemical component in a mixture, when the 
hazardous chemical is not an EHS. Proposed section 370.14(b) provides 
that the owner or operator of a facility may choose to either (1) 
determine the total quantity of a (non-EHS) hazardous chemical 
component present throughout the facility, by adding together the 
quantity present as a component in all mixtures and all other 
quantities of that hazardous chemical (including the quantity present 
in a mixture even if that particular mixture is also being applied as a 
whole toward the threshold level for that mixture), or (2) determine 
the total quantity of the mixture itself present throughout the 
facility. EPA proposes today to adopt regulatory revisions to clarify 
these requirements for applying threshold quantities for mixtures 
containing non-EHS hazardous chemicals, and requests comments on the 
substance of this proposed regulatory revision. This is the third 
substantive regulatory revision that EPA is proposing to the mixture 
requirements today. This proposal is discussed further below.
    <bullet> EPA is also proposing to add regulatory language to 
specify requirements for determining if a threshold amount of a non-EHS 
hazardous chemical is present, when that chemical is present both by 
itself and as a component in mixture(s). Proposed section 370.14(e) 
provides that, if a non-EHS hazardous chemical is present at a facility 
both by itself and as a component in mixture(s), the facility must 
determine the total amount present to apply the threshold level. To 
calculate this quantity, you must add together all quantities of the 
hazardous chemical present at the facility, including the quantity 
present in all mixtures. EPA proposes today to adopt this regulatory 
revision, and requests comments on the substance of the revision. This 
is the fourth substantive regulatory revision that EPA is proposing to 
the mixture regulations today. This proposal is discussed further 
below.
    As discussed above, EPA is proposing regulatory revisions to 
clarify the requirements for applying threshold quantities to mixtures 
containing hazardous chemical components that are not EHSs, by adding 
regulatory language in proposed section 370.14(b) that provides the 
choice of either (1) determining the total quantity of a hazardous 
chemical component present, or (2) determining the total quantity of 
the mixture itself. Whenever you must apply a threshold to the total 
quantity of a non-EHS hazardous chemical present at any one time, this 
proposed revision clarifies that you can calculate either the total 
quantity of the hazardous chemical component, or the total quantity of 
the mixture (considering the mixture itself as the ``hazardous 
chemical''). Both of these options to determine the quantity of a 
hazardous chemical will result in a reasonably accurate reflection of 
the total quantity of a non-EHS hazardous

[[Page 31279]]

chemical present at a facility at any one time--which is the amount to 
which the threshold levels should be compared. The two options for 
applying threshold quantities to mixtures containing non-EHS hazardous 
chemical components are explained below:

    Option (1) In this case, the total quantity of a non-EHS 
hazardous chemical component is determined. To establish whether the 
reporting threshold for that hazardous chemical component has been 
exceeded, calculate the total quantity of that hazardous chemical 
present throughout the facility at any one time, including as a 
component in all mixtures (even in a mixture that will be separately 
applied toward the threshold level for that mixture), and all other 
quantities present. See Conference Report at 5105. Section 370.14(c) 
in today's proposed regulation provides instructions for determining 
the quantity of a non-EHS hazardous chemical component present in a 
mixture. Compare the total quantity of that hazardous chemical to 
the hazardous chemical reporting threshold (the reporting threshold 
for all non-EHS hazardous chemicals is currently 10,000 pounds--
today EPA is proposing to change the thresholds for certain 
circumstances, as discussed elsewhere in this preamble).
    Option (2) In this case, the total quantity of the mixture 
itself is determined. To establish whether the reporting threshold 
for that mixture has been exceeded, calculate the total quantity of 
that particular mixture present throughout the facility at any one 
time. Compare the total quantity of that mixture to the hazardous 
chemical reporting threshold.

    As discussed above, EPA is also proposing regulatory revisions to 
clearly establish that, if a particular non-EHS hazardous chemical is 
present both by itself and as a component in mixture(s) at your 
facility, you must determine the total quantity of the hazardous 
chemical to see if it meets or exceeds the threshold. To determine the 
total quantity of a hazardous chemical present, you must add together 
all quantities of the hazardous chemical, including the quantity 
present in all mixtures (even in a particular mixture that is being 
applied separately toward the threshold level for that mixture). For 
example, in the case of a manufacturer that produces or obtains benzene 
and formulates 200 mixtures with the benzene, the threshold level would 
apply to the total quantity of benzene at the facility, where some 
benzene is still in bulk storage and some has been formulated into 
mixtures. EPA understands that there has been confusion in the past 
about EPA's requirements for applying threshold quantities when a non-
EHS hazardous chemical is present both by itself and as a component in 
mixture(s). This regulatory revision clearly establishes a method of 
calculating the quantity that will result in an accurate reflection of 
the total quantity present at any one time--which is the amount to 
which the threshold levels should be compared. Applying the threshold 
to a non-EHS hazardous chemical component by itself without considering 
its presence in mixtures will not completely reflect the amount of the 
hazardous chemical present. Because you must already apply the 
threshold to the hazardous chemical itself (when the hazardous chemical 
is present both by itself and in mixtures), you can only do so 
accurately by adding together all quantities of that hazardous chemical 
present.
    EPA has required that, where practicable, reporting for mixtures be 
done consistently for both sections 311 and 312 of EPCRA (this 
requirement is in section 370.28(a)(2) in the existing regulation). In 
today's proposed regulation, section 370.14(d) similarly states, 
without substantive revisions, that for each specific mixture, 
reporting must be done consistently for both sections 311 and 312, ``* 
* * unless impracticable.'' In other words, if a facility reports a 
specific mixture as a whole under section 311, the facility is also 
required to report that mixture as a whole under section 312, unless 
the facility can show that it is impracticable to do so. Similarly, if 
a facility reports a specific mixture by its hazardous chemical 
components under section 311, the facility is also required to report 
that mixture by its hazardous chemical components under section 312, 
unless the facility can show that it is impracticable to do so.
    EPA's intention is to be reasonable in establishing reporting 
requirements. Consistent with the existing regulation, the phrase 
``unless impracticable'' has been included to account for specific 
cases where the owner or operator of a regulated facility can 
demonstrate that it wouldn't be practicable to report consistently 
under sections 311 and 312. EPA believes that in all but a few unique 
cases, consistent reporting for sections 311 and 312 is practicable. It 
is important for the MSDS information to correspond with the inventory 
information to ensure consistency in the qualitative and quantitative 
information received about the hazards of covered chemicals. The MSDS 
information and inventory information are intended to be used together 
to determine the chemical hazards present at a facility--the MSDS 
provides information on the hazards associated with the types of 
chemicals that are reported with the inventory information. See 
Conference Report at 5105.
    As discussed above, EPCRA sections 311(a)(3) and 312(a)(3) provide 
that, when reporting mixtures containing hazardous chemicals, facility 
owners or operators have a choice to report in reference to the mixture 
itself, or in reference to each hazardous chemical component of the 
mixture. EPA, of course, recognizes this basic choice for reporting 
mixtures. However, EPA recommends that whichever way a facility owner 
or operator chooses to report for one mixture, the same choice should 
be made for every mixture at the facility. In other words, if a 
facility reports a specific mixture as a whole under sections 311 and 
312, then EPA suggests that each mixture at the facility be reported as 
a whole under sections 311 and 312. Similarly, if a facility reports a 
specific mixture by its hazardous chemical components, then EPA 
suggests that each mixture at the facility be reported by its hazardous 
chemical components. EPA encourages consistent reporting throughout a 
facility because of various programmatic reasons. Consistent reporting 
throughout a facility facilitates the calculations necessary for 
reporting, improves the clarity of the reported information consistent 
with the emergency planning and response purposes of EPCRA, and reduces 
duplicative reporting. However, EPA understands that it may not always 
be reasonable to report consistently throughout a facility and 
recognizes that the owner or operator of the facility has discretion to 
determine whether to report based on the mixture or the hazardous 
chemical components of the mixture.
    While the plain English format proposed today is intended to 
improve the public's understanding of EPA's regulations, it is not 
intended to change the substantive requirements in EPA's existing 
regulations. As discussed in detail above, EPA has proposed four 
specific substantive regulatory revisions regarding mixtures including 
(1) the removal of reference to reporting ``the total quantity of the 
mixture'' from the section containing the mixture requirements (see 
existing section 370.28(b)(2) and proposed section 370.14); (2) the 
additional language in proposed section 370.14(b) to make the 
clarification that, when determining the total quantity of an EHS 
present at a facility, the quantity present in a mixture must be 
included even if that particular mixture is also being applied as a 
whole toward the threshold level for that mixture; (3) the additional 
language in proposed section 370.14(b) to clarify how to apply 
threshold levels

[[Page 31280]]

for mixtures containing hazardous chemical components that are not 
EHSs; and (4) the additional language in proposed section 370.14(e) to 
clearly establish how to determine the total quantity of a hazardous 
chemical present, when the chemical is present both by itself and as a 
component in mixture(s).
    EPA requests public comment on the specific substantive proposed 
regulatory revisions in today's document. EPA also seeks public comment 
on the plain English format in which the proposed regulation is 
written, but only on the limited issue of whether any unintended 
substantive changes have been made to the mixture requirements as a 
result of re-writing and reorganizing the regulation. Except for the 
four specific substantive regulatory revisions listed above, EPA is not 
intending any other substantive changes to the mixture requirements 
under sections 311 and 312 today. The mixture requirements have been in 
effect for several years, and EPA is not re-opening for public comment 
any other substantive aspects of those requirements in this document. 
EPA is seeking public comments on ways to improve the plain English 
format to make the mixture requirements clearer and less confusing 
without changing the substantive requirements. EPA similarly requests 
public comment on the adequacy and usefulness of the table in proposed 
section 370.14(b), as well as suggestions for improving the table's 
clarity.
2. Tier I and Tier II Inventory Forms and Instructions
    In today's rulemaking, EPA is proposing to remove the Tier I and 
Tier II inventory forms from the body of the regulation. Section 312(g) 
of EPCRA requires the EPA to publish a ``uniform format for inventory 
forms.'' However, the forms are not required by the statute to be 
published in regulations. Removing the forms from the regulation would 
shorten and simplify the regulations, and allow EPA to change the forms 
more easily to reflect new information and experience. (Note that any 
change to the forms would still require Office of Management and Budget 
(OMB) approval under the Paperwork Reduction Act, including public 
notice and comment when required.) EPA would continue to publish the 
uniform Tier I and Tier II forms, which would be readily available on 
the CEPPO Internet site (www.epa.gov/ceppo), or by contacting the 
National Center for Environmental Publications and Information (NCEPI) 
at 800/490-9198. The Tier II form is currently available on the CEPPO 
Internet site.
    EPA is proposing today to remove both the forms and corresponding 
instructions from the regulation. The Tier I form and instructions are 
in section 370.40 in the existing regulation, and the Tier II form and 
instructions are currently in section 370.41. Neither the forms 
themselves, nor the instructions, are included in today's proposed 
rule. However, EPA will continue to make the forms and instructions 
available to the public, as indicated above.
    At the same time, EPA's proposed rule would continue to contain a 
narrative description of the Tier I and Tier II informational 
requirements. Specifically, sections 370.41 and 370.42 in the proposed 
rule set forth the required Tier I and Tier II information, 
respectively.
    Today EPA is proposing two changes to the Tier I and Tier II 
information requirements. The first proposed change is to require 
facilities to report a Facility Identification Number with their Tier I 
(or Tier II) information. The Facility Identification Number is part of 
a standardized facility identification scheme the Agency is currently 
undertaking, and is discussed further in part IV.B.4. of this document. 
The second proposed change to the information requirements is to 
require facilities to report the NAICS code for their facility instead 
of the SIC code, as currently required. Replacement of the SIC codes by 
the NAICS codes is discussed below. The Tier I and Tier II information 
requirements in today's proposed rule are the same as the existing 
information requirements, with the exception of these two proposed 
changes. EPA is not seeking public comment on any other aspect of the 
existing information requirements.
    The facility identification portions of the existing Tier I and 
Tier II forms require reporting of the primary SIC code for the 
facility. However, the SIC system is currently being replaced by the 
NAICS system, which is a new economic classification system that has 
been developed to provide common industry definitions for Canada, 
Mexico, and the United States. OMB published a document in the Federal 
Register regarding the replacement of the 1987 SIC by the 1997 NAICS, 
on April 9, 1997. In today's proposed rule, the sections that list the 
Tier I and Tier II information requirements (proposed sections 370.41 
and 370.42, respectively) require the NAICS code instead of the SIC 
code.
    EPA seeks comment on requiring facilities to report the NAICS code 
instead of the SIC code. In particular, EPA seeks comment on whether it 
is premature or otherwise inappropriate to adopt NAICS codes at this 
time, and whether EPA should therefore retain usage of the SIC codes 
for the time being. EPA also invites comment on whether it would be 
sensible to allow reporting of either the SIC code or the NAICS code 
(and an indication of which code was being reported), or to require 
reporting of both codes, during a period of transition from use of the 
SIC to the NAICS. EPA understands that different agencies may begin 
using the NAICS codes for regulatory purposes at different times. If 
EPA transitions to using the NAICS codes in today's proposed rule, this 
change may not be consistent with the timing of some other agencies' 
use of the new codes. EPA seeks comment on the appropriate time to 
transition to the NAICS codes for purposes of the reporting 
requirements under today's proposed rule. EPA also seeks public input 
on making a corresponding change to use NAICS codes instead of SIC 
codes on the Tier I and Tier II forms themselves.
    In addition to setting forth the uniform inventory forms and 
instructions, existing sections 370.40 and 370.41 reiterate many of the 
reporting requirements that are codified in other sections in the 
regulation. EPA doesn't believe it is necessary for these requirements 
to be stated twice within the same regulation, and the proposed Tier I 
and Tier II information sections (sections 370.41 and 370.42) don't 
reiterate requirements codified elsewhere in the regulation. EPA 
requests public comments on this proposed change.
    The Tier I and Tier II instructions, which are in existing sections 
370.40 and 370.41, contain some general explanatory information about 
the reporting requirements and some examples and suggestions to ease 
compliance. This instructional information is not included in the body 
of the proposed regulation, but would still be included with the forms 
and instructions that are readily available to the public. While EPA is 
proposing to remove this instructional information from the proposed 
regulation, the Tier I and Tier II information requirements in today's 
proposed rule are the same as the existing Tier I and Tier II 
information requirements (except for the two specific proposed changes 
described above). EPA requests public comments regarding removal of 
this instructional information.
    Hazardous chemicals are classified into five hazard categories for 
purposes of reporting under EPCRA sections 311 and 312. These five 
categories are a

[[Page 31281]]

consolidation of the 23 hazard categories defined under OSHA, at 29 CFR 
1910.1200. Sections 370.40 and 370.41 in the existing rule, which 
contain the Tier I and Tier II inventory forms and instructions, each 
contain a chart that compares EPA's hazard categories under EPCRA with 
OSHA's hazard categories. Although today's proposed rule does not 
include the Tier I and Tier II forms and instructions, the five EPCRA 
hazard categories are defined in proposed section 355.62 and the 
corresponding OSHA hazard categories are identified for each EPCRA 
hazard category.
    Section 370.41 in the existing regulation, which contains the Tier 
II form and instructions, also sets forth the requirements pertaining 
to trade secret information and confidential location information for 
specific chemicals. These requirements aren't found elsewhere in the 
existing regulation. Section 370.64 in today's proposed rule contains 
the trade secret requirements and the requirements for confidential 
location information.
    The instructions for the Tier II form (currently found in section 
370.41) indicate the requirement to report the ``chemical name or 
common name'' for each chemical being reported. Section 370.42 in 
today's proposed rule, which contains the Tier II information 
requirements, indicates the requirement to report the ``chemical name 
or common name of the chemical as provided on the material safety data 
sheet.'' EPA isn't proposing any change to this requirement, but rather 
reiterating the full requirement, consistent with the statutory 
language in EPCRA section 312(d)(2)(A).
    The Tier I and Tier II forms that EPA publishes aren't the only 
formats that are acceptable for inventory reporting under the EPCRA 
program. The existing regulations (40 CFR 370.40 and 370.41) provide 
that the facility owner or operator may submit a State or local form 
that contains the identical content of the published uniform federal 
format (the Tier I or Tier II information). Such State or local forms 
are adequate for section 312 reporting of Tier I and Tier II 
information, provided the entities to whom the forms must be submitted 
receive the information by the reporting deadline. The proposed 
regulations specify the requirements for Tier I and II information (see 
proposed sections 370.41 and 370.42) and similarly provide that State 
or local formats for reporting may be used so long as they contain the 
required information. See proposed section 370.40(b). Many States have 
developed their own format for reporting, which often contains 
additional requirements beyond what is required by the Tier I or Tier 
II forms. Electronic inventory forms are available from various 
sources, including the CEPPO homepage and some States.
    EPA believes that it is appropriate for the Tier I and Tier II 
forms to be published and readily available, but not to be published in 
the regulations. EPA is interested in comments concerning the removal 
of these forms from the body of the regulation, and suggestions about 
how the forms can be made readily available. EPA is especially 
interested in comments on whether the public actually uses the Code of 
Federal Regulations (CFR) as a source of the Tier I or Tier II forms, 
in which case it might be helpful to retain the forms and instructions 
in the regulations.
3. Penalties for Noncompliance
    Sections 355.50 and 370.5 in the existing rules describe potential 
penalties for noncompliance with EPCRA's emergency release notification 
requirements and hazardous chemical reporting requirements, 
respectively. The Tier I and Tier II form instructions also describe 
potential penalties for noncompliance with the hazardous chemical 
reporting requirements. In today's rulemaking, EPA is proposing to 
remove these provisions from the body of the regulations because it is 
not necessary to repeat them in the regulations. The potential 
penalties for all EPCRA violations are established in the statute 
itself, which is self-implementing. The absence of the penalty 
discussions in the rule won't change any requirements with respect to 
enforcement. EPA seeks comment on whether this is a useful change to 
streamline the regulations.
4. Facility Identifier as a Tier I and Tier II Information Requirement
    EPA is currently undertaking an agency-wide initiative to 
streamline and consolidate the Agency's collection and maintenance of 
environmental data. EPA, in cooperation with States, is seeking to 
establish information management procedures for the identification of 
facilities that are subject to Federal environmental reporting and 
permitting requirements. This initiative is intended to improve EPA's 
management and use of such information, as well as to provide improved 
public access to such information, by creating links between major data 
sources. This initiative is known as the Facility Identification 
Initiative. Through this initiative, EPA intends to establish a 
standardized facility identification scheme, including a unique 
Facility Identification Number, for facilities that submit 
environmental data to EPA under various regulatory programs. EPA would 
then be able to establish links among records of environmental data 
relative to a specific facility, and also establish means for the 
public to access the Agency's data via computer telecommunications and 
other means. The aim is to enable facility-related environmental 
information in multiple databases to be easily linked. EPA, in 
cooperation with the States, is currently developing a non-regulatory 
process for assigning the Facility Identification Numbers. For the 
latest information regarding the Facility Identifiers Initiative, 
please see the memorandum ``Announcing the Facility Identification 
Interim Data Standard'' in the CERCLA Docket Office, in docket number 
300RR-IF1 (for the address of the docket office, see the ADDRESSES 
section of this preamble).
    In today's document, EPA is seeking public comment on whether or 
not to require facilities to report their Facility Identification 
Number when reporting under EPCRA section 312, if such number has been 
assigned under another State or Federal environmental program. This 
document does not contain proposed regulatory language establishing the 
Facility Identifier Number as part of the Tier I and Tier II 
information requirements. However, EPA wants to ensure that the public 
understands that based on this document and opportunity for public 
comment, EPA may, in the final rulemaking action on this proposal, 
revise the regulatory requirements for Tier I and Tier II information 
by adding regulatory language that requires submission of the Facility 
Identification Number. See existing sections 370.40 and 370.41, and 
proposed sections 370.41 and 370.42, for Tier I and Tier II information 
requirements generally. The Tier I and Tier II information regulations 
would also be revised to provide that only those facilities that are 
subject to other State and Federal environmental programs, and have 
been assigned a Facility Identification Number by their State or EPA, 
would need to submit such Number with their Tier I and Tier II 
information. The public is hereby informed that EPA may also take final 
action to include the Facility Identification Number as part of the 
Tier I and Tier II information requirements, separate from the final 
action on other aspects of this proposal. This could occur, for 
example, if EPA determines that the status of the Facility Identifiers 
Initiative warrants either more expeditious or later regulatory action. 
Finally, EPA could also

[[Page 31282]]

conclude, based on the public input from this document or other 
considerations, that it will not add Facility Identification Number to 
the Tier I and Tier II information requirements. All three of these 
outcomes may occur without providing opportunity for public comment 
beyond that provided in this document.
    Information reported under EPCRA section 312 is submitted to SERCs, 
LEPCs and local fire departments; it is not reported directly to EPA. 
However, the Facility Identifiers Initiative is a cooperative data 
management effort between EPA and the States. States participating in 
the initiative would include the Facility Identification Numbers in 
their records, which may eventually be linked to EPA data. Although EPA 
does not maintain EPCRA section 312 data, EPA may be able to provide 
data users with links to State data systems. Having the Facility 
Identification Number present in the data that the SERCs, LEPCs and 
local fire departments receive from a facility under EPCRA section 312 
may allow Federal, State and local governments as well as the public to 
coordinate that data with other State and Federal data maintained about 
the same facility. Persons viewing the Tier I or Tier II information 
for a facility would then know whether the facility is subject to other 
environmental laws in addition to EPCRA, and would have a link to find 
additional information about that facility.
    EPA seeks comment on whether it would be useful to require that 
facilities provide their Facility Identification Number, if assigned, 
when reporting Tier I or Tier II information under EPCRA section 312. 
EPA would like to know if SERCs, LEPCs, local fire departments and the 
public would benefit by the Identification Numbers being reported under 
section 312.
5. Additional Changes to the Parts 355 and 370 Regulations
    In today's rule EPA is proposing some changes to the regulations at 
40 CFR parts 355 and 370 that are intended to make the rules clearer 
and easier to use. While rewriting these regulations, EPA took the 
opportunity to ``clean-up'' the rules--by clarifying requirements, 
codifying policy, and in some cases restating statutory language. The 
proposed regulatory revisions are as follows:
    <bullet> SERC and LEPC instead of commission and committee. In 
today's proposed rule, SERC and LEPC are used to abbreviate State 
emergency response commission and local emergency response committee, 
respectively. Commission and committee (rather than SERC and LEPC) have 
been used as abbreviations in the existing rule, but EPA believes that 
the public is generally more familiar with the terms SERC and LEPC. The 
definitions for key words used in parts 355 and 370, which are found in 
section 355.62 in today's proposed rule, reflect the use of the terms 
SERC and LEPC instead of commission and committee.
    <bullet> Quantity of an extremely hazardous substance in a mixture. 
Instructions for calculating the quantity of an extremely hazardous 
substance (EHS) present in a mixture, for purposes of emergency 
planning, are in section 355.30(e)(1) of the existing regulation. The 
terms ``mixture'' and ``solution'' are both used in these instructions. 
In the proposed regulation the term ``solution'' has been removed 
because ``mixture'' includes ``solution,'' so it is redundant to use 
both terms. The term ``mass'' in the existing instructions is replaced 
by ``weight'' in the proposed instructions. For the purposes of this 
regulation the two terms are synonymous, and ``weight'' is a more 
familiar term to the general public. Further, in order to improve the 
understanding of these instructions, an example is provided in the 
proposed instructions, which are in section 355.13 of today's proposed 
rule.
    <bullet> Extremely hazardous substances in solid form. Instructions 
for determining which threshold planning quantity (TPQ) to use for 
extremely hazardous substances (EHSs) in solid form are in section 
355.30(e)(2)(i) of the existing regulation. In that section solids are 
described as ``existing in'' or ``being handled in'' various forms. In 
the proposed rule, the phrases ``exists in'' and ``is handled in'' have 
been replaced by ``is in.'' This is simpler and easier to understand, 
but doesn't affect the requirements in any way. These instructions are 
in section 355.15 of today's proposed rule.
    <bullet> Facility emergency coordinator.

--Section 355.30(c) in the existing regulation requires the owner or 
operator of a facility to notify the LEPC (or the Governor if there is 
no LEPC) of the facility emergency coordinator. In today's proposed 
rule, section 355.20 requires this notification be made to the SERC if 
there is no LEPC, or to the Governor if there is no SERC. EPA believes 
that most States have functioning SERCs now, and this notification 
should be given to the SERC rather than the Governor, if there is no 
LEPC.
--The existing rule requires that this notification be made on or 
before September 17, 1987, or 30 days after establishment of an LEPC, 
whichever is earlier. The notification deadlines in the existing rule 
correspond to the statutory deadlines found in EPCRA section 303(d)(1). 
Neither the statute nor the current regulation establish a deadline for 
providing this notice in the case of a facility that later becomes 
subject to the emergency planning requirements (that is, an EHS first 
becomes present at the facility in excess of its TPQ, or the EHS list 
is revised and an EHS on the revised list is present at the facility in 
excess of its TPQ). EPCRA section 302(c) does, however, require that, 
within 60 days after becoming subject to the emergency planning 
requirements, a facility provide notice that it is subject to such 
requirements. EPA believes that notice of the facility emergency 
coordinator is an integral part of the emergency planning notification 
requirements, and should therefore be provided at the same time as the 
emergency planning notice. Accordingly, section 355.20 in today's 
proposed rule requires that notice of the facility emergency 
coordinator be provided by September 17, 1987, or within 30 days of 
establishment of the LEPC (in accordance with the statutory deadlines 
at EPCRA section 303(d)(1)), or within 60 days after a facility becomes 
subject to EPCRA's emergency planning requirements (consistent with 
EPCRA section 302(c)). In today's proposed rule, the deadlines for a 
facility to provide notice of its facility emergency coordinator are 
consistent with the deadlines for a facility to provide notice that it 
is subject to the emergency planning requirements (see proposed section 
355.20). (The deadlines for notification that a facility is subject to 
the emergency planning requirements are discussed further below.) 
Proposed section 355.20 presents a summary, in table format, of the 
information that is required under EPCRA's emergency planning 
requirements; including types of information to be reported, required 
recipients of information, and deadlines for reporting. The proposed 
table is intended to present the requirements in a clear, easy to 
understand format.

    <bullet> Emergency planning notification.

--Section 355.30(b) in the existing regulation requires notification to 
the SERC that a facility is subject to the emergency planning 
requirements under EPCRA. In today's proposed rule, section 355.20 
requires this notification be provided to both the SERC and the LEPC. 
This is consistent

[[Page 31283]]

with section 302(c) of EPCRA, which provides for owners or operators to 
notify the SERC and LEPC when their facility becomes subject to the 
emergency planning requirements.
--Section 355.30(b) in the existing regulation requires that 
notification be provided on or before May 17, 1987 or within 60 days 
after a facility first becomes subject to the requirements. The 
notification deadlines in the existing regulation correspond to the 
statutory deadlines at EPCRA section 302(c). Section 355.20 in today's 
proposed rule requires that emergency planning notification be provided 
by May 17, 1987 or within 60 days after a facility first becomes 
subject to the requirements (in accordance with the statutory deadlines 
at EPCRA section 302(c)) or within 30 days after establishment of an 
LEPC. EPA is proposing to add ``within 30 days after establishment of 
an LEPC'' in section 355.20 of today's proposed rule to provide for 
consistency with the statutory requirement at EPCRA section 303(d)(1) 
to provide notice of the facility emergency coordinator within 30 days 
of establishment of an LEPC. EPA believes that notification that a 
facility is subject to EPCRA's emergency planning requirements, and 
notification of a facility's emergency coordinator, which are the two 
basic components of emergency planning notification, should be provided 
according to consistent reporting deadlines. EPA does not believe that 
it is reasonable to require a facility to provide notice of the 
facility emergency coordinator in advance of the deadline for providing 
notice that they are, in fact, subject to EPCRA's emergency planning 
requirements. (The deadlines for providing notification of the facility 
emergency coordinator are discussed in detail above.) EPA seeks, in 
today's document, to provide for consistency between these two basic 
components of EPCRA's emergency planning requirements.

    <bullet> Changes relevant to emergency planning. Section 355.30(d) 
in the current regulation requires that facility owners or operators 
inform the LEPC of any changes occurring at the facility which may be 
relevant to emergency planning. The table in proposed section 355.20 in 
today's rule contains this same requirement, and also indicates that 
the information be provided promptly--EPA is proposing to add 
``promptly'' to be consistent with EPCRA section 303(d)(2).
    <bullet> Format for notifications. In today's proposed rule, EPA 
has added sections that discuss the format to be used for emergency 
planning and emergency release notification (sections 355.21 and 
355.41, respectively). EPA is not intending to change the existing 
requirements for format of notifications, or to impose new 
requirements. Sections 355.21 and 355.41 are intended simply to clarify 
the existing requirements. Although the current regulation does not 
state the required format for emergency planning notification, it long 
has been EPA policy to recommend that the emergency planning 
notification be made in writing. In the preamble to the final rule 
establishing the emergency planning requirements (52 FR 13379, April 
22, 1987), EPA stated that, ``Any facility where an extremely hazardous 
substance is present in an amount in excess of the threshold planning 
quantity is required to notify the State commission * * * Such 
notification should be in writing * * * '' (emphasis added). Proposed 
section 355.21 in today's rule is intended to reflect EPA's policy of 
recommending (but not requiring) written emergency planning 
notification.
    <bullet> 24-hour time period for release. The emergency release 
notification requirements in the existing regulation, found in section 
355.40, don't indicate over what time period a release of a reportable 
quantity must occur to trigger emergency release notification 
requirements. Under EPCRA section 304(a), releases are reportable if 
they occur in a manner that requires, or would require, notification 
under CERCLA section 103(a). Thus, EPA's interpretation has been that 
the 24-hour policy applicable under CERCLA also applies under EPCRA. 
This interpretation, which long has been EPA policy, is being codified 
in today's proposed rule. Accordingly, section 355.33 in this proposed 
rule indicates that the ``release of a reportable quantity * * * within 
any 24-hour period'' triggers emergency release notification 
requirements.
    <bullet> Releases during transportation. The emergency release 
notification requirements that apply to release of a substance during 
transportation (or storage incident to transportation) are in section 
355.40(b)(4)(ii) in the existing regulation. The term ``transportation-
related release'' is used in that section, and is also defined there. 
Section 304(b)(1) of EPCRA, which provides the statutory requirements 
for releases during transportation or storage incident to 
transportation, doesn't use the term ``transportation-related 
release.'' In today's proposed rule, the requirements for releases 
during transportation or storage incident to transportation are in 
section 355.42(b). In that section the term ``transportation-related 
release,'' and its definition, have been removed because EPA believes 
that the use of that term adds to the confusion about these 
requirements. In addition, the language of that section has been 
modified to generally track the statutory language in EPCRA 304(b)(1). 
EPA requests comments as to whether additional guidance should be 
provided concerning notification of releases during transportation (or 
storage incident to transportation). EPA also requests suggestions as 
to what type of additional guidance would be helpful.
    <bullet> Releases that are continuous. A release that is continuous 
and stable in quantity and rate, under the definitions in 40 CFR 
302.8(b), qualifies for reduced reporting requirements under EPCRA. The 
requirements for reporting continuous releases are in section 
355.40(a)(2)(iii) in the current regulation, and in section 355.32 in 
today's proposed regulation. Continuous releases are subject to four 
specific reporting requirements. These requirements have been 
reorganized in today's proposed rule, to clarify that each of the four 
notifications must be made to the community emergency coordinator for 
the LEPC for any area likely to be affected by the release and to the 
SERC of any State likely to be affected by the release (in addition to 
the notifications required under 40 CFR 302.8). The Agency stated that 
these four notifications are to be made to the SERC and the LEPC (in 
addition to the NRC) in the final rule establishing the requirements 
for reporting continuous releases of hazardous substances published on 
July 24, 1990 (55 FR 30179).
    <bullet> State or local format for reporting inventory information.

--One of the purposes of today's proposal is to insure that SERCs and 
LEPCs have flexibility with respect to the manner in which information 
is reported under EPCRA sections 311 and 312. Sections 370.40 and 
370.41 in EPA's existing rule allow for flexibility by providing that a 
State or local form may be used for reporting inventory information, as 
long as the State or local form contains identical content to the 
uniform federal forms (Tier I of Tier II forms). To further clarify 
this flexibility, EPA proposes today to revise those provisions such 
that the use of a State or local format is allowed (see proposed 
section 370.40). These proposed revisions would clearly encompass 
submittal of inventory information in any number

[[Page 31284]]

or potential manners, including electronic submittal, so long as all 
information required under the statute and its implementing regulations 
were provided.
--Section 370.43 in today's proposed rule provides weight range codes, 
and codes for storage types and conditions, that are used when 
reporting Tier I and Tier II information (the same codes are in 
sections 370.40 and 370.41 in the current regulation). These codes must 
be used when reporting inventory information using the federal Tier I 
and Tier II forms. However, when State or local formats are used for 
reporting Tier I and Tier II information (as discussed above), EPA 
allows the use of State or local codes for weight ranges and storage 
types and conditions. State or local codes may be used for reporting 
weight ranges, provided that the weight ranges are no broader than 
those in proposed section 370.43. State or local codes may be used for 
reporting storage types and conditions, provided that the codes specify 
the same or more detailed information as that specified in proposed 
section 370.43. Paragraph (d) in proposed section 370.43 has been added 
to clarify this flexibility regarding the use of EPA's codes. For 
example, a State or local government might choose to specify ranges in 
gallons instead of in pounds--such ranges may be used when reporting 
amounts, provided that weight ranges corresponding to the given ranges 
in gallons are not broader than the ranges in proposed section 370.43 
(and provided that a format other than the federal Tier I or Tier II 
forms are used).

    <bullet> SERC or LEPC response to a request for Tier II information 
within 45 days. Section 370.61 in today's proposed rule states that ``A 
SERC or LEPC must respond to a request for Tier II information * * * 
within 45 days of receiving such a request.'' This requirement isn't 
found in the existing regulation. However, this requirement is 
specified under EPCRA section 312(e)(3)(D), and EPA is proposing to 
codify the statutory requirement at this time for clarity. Codifying 
this requirement will not create any new substantive requirement, since 
it was already provided by the statute.
    EPA requests public comment on all aspects of the proposed 
regulatory revisions described above.
6. Definitions
    In today's proposed rulemaking, the definitions for parts 355 and 
370 (that currently are found in sections 355.20 and 370.2, 
respectively) have been combined into one section and placed at the end 
of part 355. See proposed section 355.62. This was done because parts 
355 and 370 are closely related and are published together, and the 
defined words used in both parts are generally the same.
    Placing the consolidated definitions section at the end of part 355 
relieves the reader of having to read through all of the definitions 
before seeing how they are used in the text. A short statement at the 
beginning of each part in today's proposed rule tells the reader where 
to find the definitions. Words that are defined in the consolidated 
definitions section are printed with the initial letter capitalized the 
first time they are used in each part, to highlight them. EPA is 
seeking comments concerning whether or not these changes improve the 
readability of the rule.
    Some minor revisions to the contents of the definitions are 
proposed in today's rulemaking. EPA intends these changes to make the 
definitions clearer and easier to use. Some of these changes were 
necessary to consolidate the two existing definitions sections into one 
section. EPA requests public comment on the proposed changes to the 
definitions, which are as follows:
    <bullet> Act. The term ``act'' is defined in the existing 
definition section for part 355 as ``the Superfund Amendments and 
Reauthorization Act of 1986.'' This definition has been removed from 
the proposed definitions section, which applies to both parts 355 and 
370. The Emergency Planning and Community-To-Know Act (EPCRA), the 
Occupational Safety and Health Act (OSHA), the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA), and 
the Clean Air Act (CAA) are each referenced in today's proposed rule. 
The term ``act'' is not used in today's rule without the name of the 
``act'' it is referencing, so it is unnecessary to give it a specific 
meaning.
    <bullet> SERC and LEPC. As discussed above, the terms 
``commission'' and ``committee'' have been replaced with ``SERC'' and 
``LEPC,'' respectively, throughout today's proposed rule. Accordingly, 
the terms ``commission'' and ``committee'' have been replaced with 
``SERC'' and ``LEPC'' in the proposed definitions section, which is 
section 355.62 in today's rule. No changes are proposed to the 
definitions themselves in today's rule, the terms ``commission'' and 
``committee'' have simply been replaced by ``SERC'' and ``LEPC.''
    <bullet> EPCRA and OSHA. Definitions of ``EPCRA'' and ``OSHA'' have 
been added in the consolidated definitions section proposed in today's 
rulemaking. These acronyms frequently are used throughout the rule. 
Placing them in the definitions section should make it easier for the 
reader to find their meanings.
    <bullet> Facility. The term ``facility'' is defined in both parts 
355 and 370 in the existing rule. The two definitions are identical, 
except that in part 370 the definition of ``facility'' includes ``all 
natural structures in which chemicals are purposefully placed or 
removed through human means such that it functions as a containment 
structure for human use.'' EPA intends for the definition of 
``facility'' under part 355 to be identical to the definition under 
part 370 (see 55 FR 30634, July 26, 1990; and 54 FR 12999, March 29, 
1989). This is being clarified in today's proposed rulemaking by 
including ``all natural structures in which chemicals are purposefully 
placed or removed through human means such that it functions as a 
containment structure for human use'' in the definition of ``facility'' 
under the consolidated definitions section (see proposed section 
355.62).
    <bullet> Hazardous substances. The term ``CERCLA hazardous 
substance'' is defined in the existing definitions for part 355, but 
not in the definitions for part 370. This term is defined in the 
proposed combined definitions section. The terms have been reorganized 
such that ``CERCLA hazardous substance'' and ``extremely hazardous 
substance'' appear together under the heading ``hazardous substances.'' 
EPA believes that putting the definitions of the two terms together 
under a common heading will help clarify the difference between these 
closely related terms. In addition, these terms now appear immediately 
after the definition of ``hazardous chemical,'' which is the third 
category of substances regulated by today's rulemaking. Placing 
together the definitions of each of the categories of substances that 
this rule regulates should help the reader to compare and understand 
their meanings.
    <bullet> Hazardous chemical. No change is proposed to the meaning 
of the term ``hazardous chemical.'' However, two organizational changes 
are proposed that should improve the clarity of the definition. The 
first is that the list of exceptions to the term has been reformatted. 
The second involves the definition of the phrase ``present in the same 
form and concentration as a product packaged for distribution and use 
by the general public,'' which is used within the definition of 
``hazardous chemical'' (in the list of

[[Page 31285]]

exceptions to the term). This phrase is defined in the existing 
definitions section for part 370, in a separate paragraph from the 
definition of ``hazardous chemical.'' In the consolidated definitions 
section in today's rulemaking (proposed section 355.62), the definition 
of this phrase has been relocated to appear within the definition of 
``hazardous chemical.'' The list of exceptions to the definition of 
``hazardous chemical'' is reiterated in section 370.13 in today's 
proposed rule, and the definition of ``present in the same form and 
concentration as a product packaged for distribution and use by the 
general public'' is placed within that list.
    <bullet> Inventory form. The Tier I and Tier II ``inventory forms'' 
have been removed from the regulation, as discussed above. The 
definition of ``inventory form'' has been modified to reflect that, 
under the proposed rule, the Tier I and Tier II forms no longer are set 
forth in part 370.
    <bullet> Mixture. In the existing rule, the term ``mixture'' is 
defined in part 355 but not in part 370, although the term is used in 
both parts. In today's proposed rulemaking, ``mixture'' is defined in 
the consolidated definitions section. For the purposes of part 355, the 
proposed meaning of ``mixture'' is the same as the existing meaning, 
except that the existing definition includes the term ``compounds'' and 
the proposed definition does not. EPA believes that this term shouldn't 
be included--in a ``compound'' the various constituents don't retain 
their individual identities, so a ``compound'' shouldn't be treated as 
a mixture for the purposes of part 355. For the purposes of part 370, 
the proposed definition of ``mixture'' is ``mixture'' as defined under 
29 CFR 1910.1200(c). Applicability for the part 370 requirements is 
based on OSHA's hazard communication standard (29 CFR 1910.1200), and 
today EPA is proposing this regulatory revision to clarify the Agency's 
policy that the definition of ``mixture'' at 29 CFR 1910.1200(c) 
applies to 40 CFR part 370.
    <bullet> Reportable quantity. In section 355.20 in the current 
regulation, ``reportable quantity'' means, ``for any CERCLA hazardous 
substance, the reportable quantity established in Table 302.4 of 40 CFR 
part 302, for such substance, for any other substance, the reportable 
quantity is one pound.'' In section 355.62 in today's proposed rule, 
however, ``reportable quantity'' is defined as, ``for any CERCLA 
hazardous substance, the reportable quantity established in Table 302.4 
of 40 CFR part 302, for such substance. For any extremely hazardous 
substance, reportable quantity means the reportable quantity 
established in appendices A and B of this part, for such substance. 
Unless and until superseded by regulations establishing a reportable 
quantity for newly listed EHSs or CERCLA hazardous substances, a weight 
of 1 pound shall be the reportable quantity.'' EPA seeks to make clear 
that the phrase ``any other substance'' in the current definition 
refers only to EHSs (that are not also CERCLA hazardous substances). 
``Reportable quantities'' currently have been established by EPA for 
all EHSs, so the proposed definition directs the reader to appendices A 
and B of part 355, where the ``reportable quantities'' are published. 
The language, ``Unless and until superseded by regulations establishing 
a reportable quantity for newly listed EHSs or CERCLA hazardous 
substances, a weight of 1 pound shall be the reportable quantity'' has 
been added to clarify that the statutory default reportable quantity is 
one pound for EHSs and CERCLA hazardous substances (see EPCRA section 
304(a) and CERCLA section 102(b), respectively).
    <bullet> Threshold planning quantity. The definition of ``threshold 
planning quantity (TPQ)'' has been changed to make it clear where in 
the existing regulations the TPQs are found, in order to avoid any 
confusion that may arise due to the consolidation of the definitions 
for parts 355 and 370.
    <bullet> Tribe. The term ``Tribe'' was placed together with the 
definition of ``Indian Tribe,'' because these terms have the same 
meaning in the regulation and the term ``Tribe'' isn't defined in the 
existing rule.

V. What Draft Guidance Is EPA Publishing in This Preamble?

    The discussion below addresses a number of issues for which EPA is 
considering providing guidance, to facilitate understanding and 
flexibility in complying with the existing regulatory requirements. 
Although the draft guidance explored below does not involve any 
revision to the existing regulatory requirements, EPA seeks public 
comment in developing this guidance.

A. Increased Flexibility for States and Local Governments With Respect 
to Reporting Under EPCRA Sections 311 and 312

    In order to streamline compliance with the existing regulatory 
requirements, EPA is developing guidance discussing certain reporting 
options that SERCs, LEPCs and fire departments may wish to consider in 
implementing EPCRA sections 311 and 312. This effort is part of the 
President's program for reinventing government and reforming regulatory 
policy. Several different options under sections 311 and 312 are 
discussed below. EPA does not believe any of these options would entail 
regulatory changes. EPA's intention is to generate discussion of 
different options at this time. While EPA's objective is to identify 
opportunities for flexibility in implementing EPCRA sections 311 and 
312, SERCs, LEPCs, fire departments, and facility owners and operators 
would not have to follow any of the draft options. Further, SERCs and 
LEPCs could implement the options discussed in section A(1), (2), (3) 
and (4) regardless of whether EPA issues final guidance, provided the 
implementation of the option meets the statutory and regulatory 
requirements.
    Numerous stakeholders have asked EPA to provide greater flexibility 
with respect to reporting under section 312 of EPCRA, in order to 
facilitate their use of the reporting information. EPA agrees that 
enhanced flexibility would allow SERCs and LEPCs greater discretion in 
implementing the EPCRA program; however, an increase in flexibility may 
compromise the existing national consistency within the EPCRA program. 
Also, if the EPCRA programs become less consistent nationally, Federal 
guidance may become obsolete. This could increase the burden on State 
and local entities to provide guidance to their regulated community. 
EPA is also concerned that increased State and local flexibility may 
compromise Federal, State and local compliance efforts. EPA is 
presenting several options that would clarify State and local 
flexibility with respect to reporting under sections 311 and 312, and 
is seeking public comment on those options. EPA is especially 
interested in comments from SERCs, LEPCs and local fire departments, 
and will consider all public comments in developing this guidance under 
the EPCRA program.
    Section 311 of EPCRA requires facilities to submit MSDSs (or a list 
of hazardous chemicals subject to the requirements) to the SERC, the 
LEPC, and the fire department with jurisdiction over the facility. 
Likewise, section 312 requires facilities to submit an emergency and 
hazardous chemical inventory form (containing at a minimum the Tier I 
information) by March 1 of every year to the same three entities. 
Sections 370.40 and 370.41 in the existing rule allow facilities to use 
State and local forms instead of the federal forms, provided the State 
or local form contains the information required by the statute and its 
implementing regulations. In today's

[[Page 31286]]

proposed rule, section 370.40 similarly provides that a State or local 
format may be used if the State or local format contains at least the 
Tier I information.
    Throughout the implementation of EPCRA, States have suggested 
alternatives to the federal reporting format. EPA has considered these 
suggestions, and is presenting suggested alternatives below for public 
comment. Every SERC, LEPC and fire department would have the choice of 
adopting any, or none, of the alternatives explored below--EPA would 
not require the adoption of any of these options. EPA would like to 
provide flexibility in implementing EPCRA sections 311 and 312, 
provided that the statutory and regulatory standards regarding 
information reported (at a minimum the Tier I information), recipients 
of information (the SERC, the LEPC, and local fire department), and 
timing of submission (March 1 annually under section 312, and within 3 
months after becoming subject under section 311), are met. EPA believes 
it is important for the SERC, the LEPC, and the local fire department 
to have the information provided under sections 311 and 312 and the 
implementing regulations, at the required time. Each entity has a 
unique use and need for this information. EPA seeks comments on the 
following alternatives for reporting under sections 311 and 312 of 
EPCRA.
1. UST Forms to Fulfill the Requirements for Tier I Information Under 
EPCRA Section 312
    EPA is aware that many facilities that are subject to the 
underground storage tank (UST) regulations under section 9002 of RCRA 
are also subject to the reporting requirements under EPCRA sections 311 
and 312. Some, but not all, of the reporting information that is 
currently required under section 312 of EPCRA and under the Federal UST 
program, is duplicative. In keeping with EPA's efforts to provide 
flexibility with respect to meeting the reporting requirements, EPA is 
considering developing guidance which would clarify that States, if 
they so choose, have the option to allow the UST form required under 
RCRA to be used to comply with the reporting requirements under section 
312 of EPCRA, provided that all of the statutory and regulatory 
reporting requirements under section 312 are met. The statutory and 
regulatory reporting requirements are discussed in detail below.
    EPCRA section 312 requires submission of an inventory form 
containing, at a minimum, Tier I information, and also requires that 
the EPA publish a uniform format for inventory forms. However, neither 
the statute nor the implementing regulations require that the uniform 
federal format be used for submission of information under section 312. 
Sections 370.40 and 370.41 in the existing rule provide that a State or 
local form that includes content identical to that of the Tier I or 
Tier II forms, respectively, may be used instead of the Tier I or Tier 
II forms. It long has been EPA policy that alternative State and local 
formats are acceptable for reporting under section 312. Today, EPA is 
proposing to remove the forms themselves from the regulation, as 
discussed above, in part IV.B.2. of this document.
    Some States have suggested to EPA that the UST form and submittal 
procedures under their State UST programs are similar to the EPCRA 
section 312 reporting requirements, and have asked for guidance on 
whether their State UST form could fulfill the requirements under EPCRA 
section 312. By clarifying the conditions under which a single form (or 
forms) would fulfill the reporting requirements under a UST program and 
under EPCRA section 312 and its implementing regulations, EPA intends 
to provide States with flexibility in implementing the EPCRA program 
and also seeks to reduce the reporting burden on regulated facilities, 
while preserving the goals of the two programs. The issue of using UST 
forms to substitute for the Tier I information was also addressed in a 
December 27, 1988 Federal Register Request for Comments (53 FR 52273).
    In order for the UST form to address section 312 of EPCRA, all of 
the statutory and regulatory reporting requirements under section 312 
must be met. The statute and regulations contain requirements for the 
information reported, the recipients of the information, and the timing 
of the submission. A comparison of those requirements with the Federal 
UST program follows:
    <bullet> Information Reported: Tier I information is the minimum 
information required under EPCRA section 312 and the implementing 
regulations. In addition, Tier II information must be reported upon 
request. Note that some States or LEPCs require more than the minimum 
data that EPA requires. In order for the UST form to meet the routine 
reporting requirements under EPCRA section 312, it must contain at 
least the information required for the Tier I information.
    <bullet> Recipients of Information: EPCRA section 312 requires that 
the reporting information be submitted to the SERC, the LEPC, and the 
fire department with jurisdiction over the facility. The UST program 
under RCRA requires that the UST forms be submitted to a State agency. 
However, that State agency is not necessarily the SERC. If the UST 
forms are to meet section 312 of EPCRA, then the SERC, the LEPC, and 
the fire department must all receive the information.
    <bullet> Timing of Reporting: Under EPCRA section 312 and the 
implementing regulations, the owner or operator of a regulated facility 
must submit the required Tier I reporting information by March 1 of the 
first year after the facility first becomes subject to reporting, and 
by March 1 of each year afterwards (see EPCRA section 312(a)(2), and 40 
CFR 370.20(b)(2) and 370.25(a)). In addition, the owner or operator of 
a regulated facility must submit Tier II information within 30 days of 
the receipt of such a request from the SERC, the LEPC, or the fire 
department having jurisdiction over the facility (see EPCRA section 
312(e)(1) and 40 CFR 370.25(c)). In contrast, the UST program requires 
a one-time notification, not an annual notification. If the UST forms 
are to meet section 312 of EPCRA, then they must contain Tier I 
information and must be submitted annually by March 1, as required 
under EPCRA. Additionally, the owner or operator would continue to be 
subject to the requirement to submit Tier II information upon request.
    The reporting requirements under the Federal UST program differ 
from reporting requirements under EPCRA section 312 in terms of 
content, recipients, and timing of submission. In order for the UST 
form to fulfill the reporting requirements under EPCRA section 312, all 
of the requirements for content, recipients and timing described above 
must be met. If a facility submits its UST form in such a manner that 
each of these requirements is met, EPA would consider that facility to 
be in compliance with section 312 of EPCRA.
    If an UST form is submitted to fulfill EPCRA section 312 
requirements, under the conditions examined here, it might be advisable 
to indicate on that form that it is being submitted for EPCRA section 
312, so that the receiving entity will know why the UST form was 
submitted. In addition, it is conceivable that a facility may submit 
UST forms, as well as other inventory forms, together in one section 
312 submission. In such a case, it may be advisable to indicate on both 
sets of forms the total number of pages in the submission, and that 
some of the information is reported on UST forms and some on other 
inventory forms, to avoid any confusion for the receiving entity.
    EPA requests comments on the draft guidance provided above, and on 
any

[[Page 31287]]

other issues or concerns regarding the use of UST forms to fulfill 
reporting requirements under EPCRA section 312.
2. Partnership Programs for Joint Access to Information and Streamlined 
Submission of EPCRA Sections 311 and 312 Reporting
    Sections 311(a)(1) and 312(a)(1) of EPCRA require the owner or 
operator of covered facilities to submit an MSDS (or list of hazardous 
chemicals) and Tier I inventory information. There are two key 
requirements associated with the reporting of this information. First, 
the information must be submitted to the following three entities: the 
SERC, the appropriate LEPC, and the fire department with jurisdiction 
over the facility. Second, there are specific compliance deadlines 
governing submission of the information to the three entities. The 
basic requirement to submit the EPCRA sections 311 and 312 information 
to the SERC, the LEPC and fire department by specific deadlines is 
implemented in 40 CFR sections 370.21 and 370.25 of the existing 
regulations, and is proposed in today's document at sections 370.32, 
370.33, 370.40, 370.44 and 370.45 without substantive revision.
    EPA is interested in exploring how the statutory and regulatory 
requirements to submit the MSDS and Tier I information to all three 
entities, by the required deadlines, could be streamlined to reduce the 
reporting burden on regulated facilities. Specifically, EPA is 
exploring the conditions under which the SERC, LEPCs and fire 
departments could establish partnerships for joint receipt of EPCRA 
information. Under such partnerships, a submission timely reported 
under EPCRA sections 311 or 312 to a central database that the SERC, 
the LEPC and fire department have unrestricted access to, could jointly 
be received by all three entities. In other words, timely submission to 
the joint database could constitute timely submission to all three 
entities in accordance with the statute and regulations. In the 
discussion below, EPA examines a number of issues involved in 
developing this guidance. EPA seeks public input on all of these 
issues, to help design guidance to facilitate streamlined submission of 
EPCRA information.
    A critical consideration in designing any guidance on streamlined 
submittal is to ensure that emergency response officials, State and 
local officials, and other members of the community continue to have 
timely access to information reported under EPCRA sections 311 and 312. 
As discussed, to be in compliance with EPCRA, covered facilities need 
to submit the required information by specific statutory and regulatory 
deadlines. For example, the reporting for EPCRA section 312 Tier I 
information is due each year by March 1st, to cover hazardous chemicals 
present at the facility the preceding calendar year. See EPCRA section 
312(a)(2). Thus, any partnership program for joint access to 
information would need to ensure that the SERC, the LEPC and the fire 
department receive Tier I information by March 1st. As noted, under the 
partnership program concept, this could be accomplished by timely 
submittal to a central database that all three entities have 
unrestricted access to and thereby jointly receive. The critical point 
is that the goal of the streamlined submittal policy is to reduce the 
reporting burden on regulated facilities without diminishing timely and 
full access to reported information.
    A potential example of streamlined submission is a joint electronic 
database. If, for example, covered facilities submitted the information 
required under EPCRA sections 311 and 312 to a joint electronic 
database to which the SERC, the LEPC and the fire department each have 
unrestricted access, then timely submittal to the single electronic 
database could constitute timely submittal to all three entities. The 
obvious advantage of the electronic database example is that the 
regulated community could provide the required information to all three 
entities through a single streamlined submission. This could reduce the 
reporting burden on the regulated community. EPA is interested in other 
examples of systems through which a single submittal of EPCRA 
information could similarly be jointly received by the SERC, the LEPC 
and the fire department.
    In part V.A.3 of this document (immediately below), EPA explores 
the development of guidance on optional electronic submittal of 
information required under EPCRA sections 311 and 312 and the 
implementing regulations. If EPA establishes guidance for streamlined 
submittal that relies on the use of a central electronic database for 
joint receipt of EPCRA information, as suggested above, EPA would build 
on the guidance for electronic submittal of EPCRA information discussed 
in part V.A.3 of this document.
    EPA notes that information partnerships could be structured to 
reduce the overall information management burden on SERCs, LEPCs and 
fire departments. By joining together to collectively access the EPCRA 
information reported under sections 311 and 312, SERCs, LEPCs and fire 
departments could conserve resources through economies of scale. For 
instance, in the electronic submittal example, a single electronic 
database would be more efficient than three separate databases. Thus, 
the initial effort to establish partnership programs for joint access 
to information could be offset by the resources saved from more 
efficient program administration.
    Regardless, EPA does not wish to create burden for the State and 
local entities implementing EPCRA. Thus, an important principle of the 
streamlined submittal guidance under development is that participation 
by SERCs, LEPCs and fire departments would be entirely voluntary. 
SERCs, LEPCs and fire departments would decide on their own accord 
whether establishing partnership programs for joint access to 
information is a sensible option for them.
    To promote flexibility in the establishment of partnership 
programs, EPA also wishes to explore how a variety of different 
partnerships could be created based on the interests and capabilities 
of the SERC, the LEPCs and the fire departments in any given State. 
Partnerships could range from statewide to more limited partnerships as 
SERCs, LEPCs and fire departments see fit. For example, a SERC could 
form partnerships with all of the LEPCs and fire departments in the 
State managing EPCRA information. If the SERC, the LEPCs and fire 
departments had unrestricted access to a statewide electronic database, 
then for any facility in the State, timely submission to the central 
electronic database could constitute timely submission to each entity 
under EPCRA.
    Such a statewide EPCRA database could have several benefits in 
addition to reducing the reporting burden for the regulated community. 
For example, compilation of the information in a single database, such 
as a statewide web site accessible from the Internet, could provide 
greatly expanded public access to EPCRA information, advancing the 
fundamental purpose of EPCRA-- community right-to-know. Further, if the 
public has ready access to the information, there may be fewer requests 
from the public for information, which could result in a decrease in 
the overall administrative burden to process such requests. EPA also 
recognizes that there may be technical information management issues to 
explore further. EPA seeks comment about how broad partnerships, such 
as statewide electronic databases, could best be implemented.

[[Page 31288]]

    In addition, EPA seeks input on the establishment of more limited 
partnership programs for joint access to information. As an alternative 
to a statewide database, limited partnerships might include two of the 
three entities to which EPCRA information must be submitted. Such 
partnerships would still reduce the reporting burden for the regulated 
community. For example, the fire departments in a State that wishes to 
establish a partnership may not presently have adequate tools to access 
a central electronic database. A SERC and LEPC may nevertheless choose 
to establish a limited partnership so that timely submission to their 
joint database would constitute timely submission to both the SERC and 
the LEPC. In this example, EPCRA would still require a covered facility 
to make a separate submittal to the appropriate fire department, but 
the reporting burden on the regulated community would still be reduced. 
In a similar manner, limited partnerships could be formed between the 
LEPCs and fire departments or the SERC and fire departments. Under any 
such scenario, EPCRA would require a separate submission to the entity 
not included in the partnership.
    EPA seeks public input on how partnerships, whether broad or 
limited, should be established by the partners. For example, EPA is 
contemplating whether it should encourage SERCs, LEPCs and fire 
departments to spell out partnerships through a Memorandum of 
Understanding (MOU) or other written document. There are several 
reasons to establish a partnership through a written document. First, a 
written document describing the partnership will help delineate clearly 
relative roles and responsibilities of the participating partners, 
ensure that all partners participate willingly, and provide continuity 
when there are changes in personnel. Further, a written document will 
help ensure that the regulated community is aware of the governmental 
partnership and, by making the partnership better known, will help 
maximize the benefits of reducing the EPCRA reporting burden. 
Additionally, formal delineation of partnerships will help ensure that 
the community knows and understands how the information is handled, 
promoting community involvement in the program. EPA seeks public 
comment on whether the partnerships should be formally delineated 
through MOUs or other written documents. EPA also seeks public input on 
whether, once formed, it makes sense to notify the regulated community 
and the public so that they are aware of, and can put to use, the 
streamlined submittal option.
    EPA would like to maintain reporting flexibility under this draft 
guidance. State and local partnerships for streamlined submission of 
information under EPCRA sections 311 and 312 should be structured to 
allow facilities the option of submitting the information separately to 
all three entities (SERC, LEPC and local fire department), instead of 
submitting it to the joint database (or other appropriate system for 
joint access to information). Some regulated facilities may not have 
adequate electronic tools to submit information to an electronic 
database or may have other concerns with the streamlined submittal 
approach. The objective is to reduce the reporting burden on the 
regulated community. Therefore, if a facility owner or operator decided 
that, on balance, it is more sensible to submit separately instead of 
jointly to all three entities, EPA would not want that reporting option 
to be eliminated. Further, the SERC, the LEPC and the local fire 
department would still have the option to receive Tier II information 
separately from the facility by requesting it (see section 370.10(b) in 
today's proposed regulation).
    To summarize, the proposed core elements of the draft streamlined 
submittal guidance are as follows:
    <bullet> Voluntary Participation. SERCs, LEPCs and fire departments 
would voluntarily decide whether they wish to form partnership programs 
for joint access to EPCRA sections 311 and 312 information, based upon 
their own programmatic priorities.
    <bullet> Flexible Participation. Partnership programs for joint 
access to information could include a range of potential partnerships; 
from SERC and LEPC, or LEPC and fire departments for a particular 
emergency planning district, to statewide partnerships that include the 
SERC, and all LEPCs and fire departments.
    <bullet> Information Management Systems that Streamline Reporting 
and Maintain Community Access. Whatever the scope of the partnership, 
it should involve a system that allows for a single streamlined 
submission of EPCRA MSDS and Tier I information, that must be jointly 
and timely received by all members of the partnership, and that 
provides all partners unrestricted access to the EPCRA information 
(although a separate submission would need be made to an entity not 
included in the partnership). An example is submission of EPCRA 
information, by the compliance deadlines, to a joint, centralized 
electronic database that all partners can access without restriction. 
(Under EPCRA, the owner or operator of a covered facility would have to 
make a separate submission to any SERC, LEPC or fire department not 
included in the partnership.)
    <bullet> Written Formation and Public Notice of Partnership 
Programs for Joint Access to Information. EPA believes there are clear 
advantages for the formation of partnership programs through a written 
instrument that describes relative roles and responsibilities under the 
partnership. The formation of a partnership should be announced to the 
public to promote awareness by regulated facilities and the affected 
community.
    Because EPA's draft guidance addresses reporting under EPCRA, EPA 
is designing it to conform to the Federal requirements only. The draft 
guidance does not address any additional State or local reporting 
requirements. However, if desired, State and local officials could 
incorporate or expand partnerships to address additional State or local 
requirements. For example, where State law requires the routine 
submittal of Tier II information (instead of Tier I information) to all 
three entities, the partnership program could be designed to encompass 
Tier II information. In this particular example, the annual submittal 
of Tier II information could satisfy the EPCRA requirement for annual 
submittal of Tier I information, in addition to addressing State and 
local requirements, so long as the Tier II information is timely 
received by the SERC, the LEPC and fire department.
    EPA seeks public input on a number of issues related to this draft 
guidance, including the following:
    <bullet> Whether SERCs, LEPCs and fire departments would be 
interested in forming partnership programs for joint access to 
information; whether these entities currently have the tools to form 
such partnerships; what implementation obstacles are anticipated; and 
how EPA could reduce any administrative burden associated with 
developing and implementing such partnerships. EPA would also like to 
know whether any State is interested in piloting a partnership program, 
to promote streamlined submission of EPCRA information.
    <bullet> Whether the proposed core elements of the guidance are 
sensible. Also, whether EPA has overlooked any specific concerns, and 
any suggestions on ways the draft guidance should be revised.
    <bullet> How the draft streamlined submittal guidance described 
here should be implemented in conjunction with the guidance for 
electronic submittal of EPCRA sections 311 and 312

[[Page 31289]]

information (see part V.A.3 in this document), and what potential 
obstacles are presented by the use of electronic means to streamline 
submittal of information.
    <bullet> EPA understands that some SERCs, LEPCs and fire 
departments are currently using electronic means to obtain and store 
reporting data that is required under EPCRA sections 311 and 312 and 
the implementing regulations. EPA is interested in comments concerning 
the various software programs used, and any pitfalls encountered. EPA 
is interested in how State and local experience might inform EPA's 
guidance.
    <bullet> What other information systems, in addition to electronic 
databases, could be established through which a submission to a central 
database could be timely and jointly received by the SERC, the LEPC and 
fire department.
    <bullet> Whether the partnership programs for joint access to 
information should be formed through an MOU or other written document. 
Also, how EPA could minimize the burden on SERCs, LEPCs and fire 
departments of developing MOUs. If MOUs or other written documents are 
not used to establish partnerships, how should partnerships be created?
    <bullet> As discussed above, EPA suggests that partnerships may 
vary in scope--that is, a partnership could be between a SERC and LEPC 
for a single emergency planning district, or might encompass a 
statewide database. EPA seeks comment on whether the Agency should in 
any way restrict participation in partnerships.
    <bullet> What technical database management issues are raised by 
the draft guidance, and how could such issues be addressed?
    In addition, EPA seeks public input on any other suggestions and 
concerns regarding the draft guidance.
3. Electronic Submittal for EPCRA Sections 311 and 312 Reporting
    EPA is considering the development of guidance on electronic 
submittal to satisfy sections 311 and 312 reporting. As noted, EPA's 
existing regulations give State and locals broad discretion to 
determine the reporting format for section 312 information. Likewise, 
under EPA's draft guidance on electronic submittal, States would 
continue to be able to develop their own format for electronically 
submitted section 312 reporting data, as long as the information 
includes the information required by the statute and its implementing 
regulations. Tier I information is the minimum information required 
under EPCRA section 312 and the regulations. Tier II information, which 
is more detailed, is required under some State laws and must be 
provided upon request under EPCRA. EPA's regulations require section 
312 reporting information to be certified by the facility owner or 
operator, or an official designated representative, as to its accuracy 
and completeness. This requirement applies to section 312 reporting 
information regardless of the format in which it is submitted, and 
would apply to electronic submittal. Section 311 and the implementing 
regulations require submission of an MSDS or a list of hazardous 
chemicals. If an electronic MSDS is developed such that it fits the 
requirements for MSDS development found at 29 CFR 1910.1200(g), that 
MSDS could be submitted electronically. EPA's existing regulations 
don't specify a format for submission of a list of hazardous chemicals 
under EPCRA section 311. Such a list could be submitted electronically.
    If States and locals allow section 312 reporting information to be 
submitted via the Internet, it will be necessary for the facility owner 
or operator or its officially designated representative to certify the 
information submitted. A number of Federal agencies, including EPA, 
have been striving to develop methods for certification of 
electronically submitted data. This is a difficult issue, and EPA has 
not yet resolved it. One option EPA is considering is for the facility 
owner or operator to mail a signed certification statement to the SERC, 
or to all three entities, for data that has been submitted 
electronically. It would be necessary to establish a precise 
correspondence between the data submitted electronically, and the 
certification statement submitted by mail. EPA seeks comments on ideas 
for establishing such a correspondence.
    One way to solve the problem of certification of electronically 
submitted section 312 data is for the data be submitted on a diskette, 
along with a signed certification statement. The data would be 
submitted in an electronic format, but would not be transmitted via the 
Internet. This may reduce some of the current data management burden on 
regulated facilities, and on SERCs, LEPCs and fire departments that 
receive EPCRA section 312 information. EPA believes that some States 
may currently accept section 312 data on diskette (with signed 
certification on paper), and seeks comments on the feasibility and 
effectiveness of this reporting option.
    Under EPCRA the requirements for Tier II information include 
providing the locations of specific chemicals present at a facility. At 
the same time, EPCRA provides that a facility may request that the SERC 
or LEPC not disclose confidential location information to the public, 
for a specific chemical. Under the current regulations a facility may 
choose to report confidential location information, with respect to a 
specific chemical, on a Tier II Confidential Location Information 
Sheet, which must be attached to the other Tier II information being 
reported. In this way, the SERC, the LEPC and the fire department 
receive the location information but can readily recognize and separate 
it in responding to a public request for Tier II information. If EPA 
develops guidance on electronic submittal for sections 311 and 312 
reporting it will be necessary to address issues relating to submission 
of confidential location information. EPA seeks comments regarding 
submission of confidential location information electronically.
    The requirements for section 312 Tier II information include 
providing the names of specific chemicals present at a facility; 
however, the facility may withhold this information from reporting if 
it claims the information as a trade secret. In addition, the facility 
may withhold chemical identities from the MSDS or list of chemicals 
required under section 311, if claimed as trade secret. Although trade 
secret information may be withheld from the SERC, the LEPC and the fire 
department, it must be submitted to EPA, along with a substantiation. 
Forms for trade secrecy claims are available on the CEPPO Internet site 
(www.epa.gov/ceppo), and EPA's final rule on trade secrecy (53 FR 
28772, July 29, 1988) contains detailed information on how to submit 
trade secrecy claims. While EPA is exploring, in today's document, 
development of guidance for electronic submittal of sections 311 and 
312 information to SERCs, LEPCs and fire departments, EPA is not 
considering receiving trade secrecy information electronically. EPA 
currently believes that the small number of trade secrecy claims that 
EPA receives for sections 311 and 312 information would not justify the 
development of a system for electronic submittal of such claims.
    EPA is seeking public comments on the development of electronic 
submittal guidance for sections 311 and 312 reporting, including ideas 
for certification of electronically submitted data. EPA is interested 
in public comment regarding any other issues or concerns that may not 
have been discussed here, but that need to be considered in developing 
electronic

[[Page 31290]]

submittal guidance. EPA is particularly interested in responses from 
States, LEPCs and fire departments regarding their capabilities for 
receiving and processing electronically submitted sections 311 and 312 
information.
4. Incorporation of Previous Submissions Into EPCRA Section 312 
Reporting
    Section 312(a) (1) and (2) of EPCRA mandate that the owner or 
operator of any facility that is required to prepare or have available 
an MSDS for a hazardous chemical under OSHA prepare and submit an 
inventory form containing Tier I information annually. Under EPCRA and 
the existing regulations, facility owners or operators are obliged to 
report all of the inventory information required under section 312 each 
year. The Tier I information is the minimum routinely required by the 
statute and regulations. Some States have imposed stricter reporting 
requirements under State and local law.
    In some cases, a facility may find that some or all of the 
information from previous year's Tier I submission has not changed. EPA 
is considering developing guidance to help reduce the burden of re-
creating information that has not changed from the previous year. In 
order for the statutory and regulatory information requirements to be 
satisfied, any option must ensure that the SERC, LEPC and local fire 
department have complete, up-to-date, section 312 inventory information 
by the reporting deadline each year. One option would be for the 
facility to simply reference and attach a copy of the unchanged 
information from the previous year's submittal to the current year's 
Tier I submission. This would mean that the facility would have to 
retain a copy of its previous submission.
    A second option would be for the facility to reference previous 
submittals retained by the SERC, LEPC, and local fire department. 
However, if facilities are to submit only their changes each year, then 
SERCs, LEPCs, and fire departments receiving such reports need to have 
retained inventory information from prior year(s), in order to have 
complete, up-to-date information. In addition, facilities would need to 
accompany such a submission with a statement that the section 312 Tier 
I (or Tier II) information reported the prior year is ``incorporated by 
reference'' in the new submission.
    All of the section 312 information is necessary for emergency 
planning and community right-to-know purposes. Thus, allowing 
facilities to report under this second option would only be feasible in 
cases where the SERC, LEPC and local fire department have maintained 
the reporting information from prior year(s) such that they continue to 
have access to all of the information required under section 312. This 
second reporting option would be limited to those facilities where the 
SERC, LEPC and fire department establish a policy to retain the 
necessary section 312 information from year to year, and seeks comments 
concerning this issue. Further, EPA believes that SERCs, LEPCs and fire 
departments that choose to implement incorporation of prior submissions 
by reference should communicate to potentially regulated facilities, 
that this second reporting option is available.
    Under the second reporting option, EPA would consider submission of 
a statement of the changes in inventory information (or a statement 
that there are no changes to report), accompanied by a statement that 
the information submitted in the previous year's Tier I (or Tier II) 
report is ``incorporated by reference'' in the new report, to 
constitute submission of a Tier I ``inventory form'' as required by 
statute. A facility that made such a submission would be in compliance 
with the requirement to report Tier I inventory information under 
section 312 of EPCRA, provided that upon receipt of such a submission, 
the net result is that the SERC, LEPC and fire department had all of 
the Tier I inventory information required under EPCRA section 312 and 
the implementing regulations. (However, this may not meet State or 
local laws with more stringent reporting requirements.)
    The information required under section 312 and the implementing 
regulations consists of a variety of data elements beyond the 
quantities of hazardous chemicals on site, such as the number of days 
that a chemical was on site, the general location of a chemical within 
the facility, and an emergency contact person for the facility. It 
would be necessary to consider each of the data elements required under 
the statute and implementing regulations, before reporting the changes 
in information (or that there were no changes), in order to use this 
reporting method.
    If either option were implemented, public access to the Tier II 
reporting information required under section 312 and the implementing 
regulations would be preserved, because the public's right to request 
Tier II information would not be affected and facility owners or 
operators would still be required to submit Tier II information upon 
request of the SERC, LEPC or local fire department. In addition, States 
and local governments can always choose to establish stricter reporting 
requirements under State or local law.
    Either reporting option would reduce the reporting burden for many 
regulated facilities, since much of the required information wouldn't 
typically change from year to year. The burden imposed on SERCs, LEPCs 
and fire departments may increase under the second option, however, 
because it would be necessary for these entities to retain reporting 
information from previous year(s) and to manage or read together more 
than a single report to comprehend a facility's reported information. 
If SERCs, LEPCs or fire departments indicate to regulated facilities 
that it is only necessary to report changes in section 312 information, 
and then these entities fail to establish a policy for keeping previous 
year's submissions, necessary inventory information may become less 
readily available to local emergency officials and the public.
    EPA's regulations require the Tier I (or Tier II) information 
submitted under section 312 of EPCRA to be certified by the facility 
owner or operator, or an official designated representative, as to its 
accuracy and completeness. The certification must be accompanied by an 
original signature. By certifying the accuracy and completeness of a 
submission that attaches or incorporates previous reports, the 
certifying individual would be assuming full responsibility for the 
accuracy and completeness of the entire current submission, including 
any information attached or incorporated by reference from a previous 
report. The certifying individual couldn't disclaim responsibility for 
inaccurate information that was attached or incorporated from previous 
reports. EPA seeks comments regarding certification of a section 312 
Tier I (or Tier II) submission that attaches or incorporates by 
reference prior section 312 reports.
    EPCRA section 312 and the implementing regulations require 
submission of an inventory form containing, at a minimum, Tier I 
information. Although EPA publishes uniform federal formats for 
reporting (the Tier I and Tier II forms), State or local forms 
containing the same information as the uniform federal forms are 
acceptable for reporting inventory information. This flexibility is 
provided in sections 370.40 and 370.41 in the existing rule. Section 
370.40 in today's proposed rule likewise provides that State or local 
formats containing at least the Tier I information are acceptable. The 
reporting requirements concern the specific information to be reported, 
not the form itself. EPA believes that a report stating any

[[Page 31291]]

changes in information, and attaching or incorporating by reference 
information previously submitted, could constitute an ``inventory 
form.'' EPA also believes that, provided that such a report contains, 
attaches, or incorporates at least the Tier I information, the 
statutory and regulatory requirements regarding the contents of an 
inventory form would be met. In EPA's judgement, the SERC, LEPC and 
fire department could implement either reporting option without a 
change to the federal EPCRA regulations.
    In considering these reporting options, EPA's intent is to balance 
the amount of information generated under section 312 and the value of 
that information, with the costs of providing and managing the 
information. EPA is soliciting comments as to whether these reporting 
options are feasible, particularly the second option. In addition, EPA 
seeks public comment on whether the Agency should develop regulations 
to support or control either of these reporting options. EPA 
particularly seeks input from SERCs, LEPCs and fire departments about 
administrative and implementation issues or concerns, associated with 
the second option.

B. Electronic Access to Facilities' Databases of MSDSs

    EPA believes that some facilities maintain an electronic database 
of MSDSs. EPA is exploring the possibility of allowing a facility to 
meet the requirement under EPCRA section 311 for submitting MSDSs by 
giving the SERC, LEPC, and local fire department electronic access to 
the facility's database of MSDSs, instead of actually submitting the 
MSDSs to each of the three entities. EPA is not advancing this 
reporting option at this time, but is seeking comment on the 
feasibility of such an option. This reporting option raises several 
concerns. It would be necessary to ensure that the SERC, LEPC or local 
fire department had the capabilities to access such a database at any 
time, to ensure the required information was clearly delineated and 
readily accessible, and to ensure that access was uninterrupted, even 
in the event of an emergency situation. While this option would reduce 
the burden on regulated facilities, it could increase the burden on the 
SERC, LEPC, or local fire department. EPA seeks comments on how this 
option would increase or decrease the burden on SERCs, LEPCs, and fire 
departments. EPA also seeks comment on whether facilities allowing 
access to an electronic database of MSDSs could constitute submission 
of an MSDS, as required under EPCRA section 311(a)(1).

C. Interpretation of the Hazardous Chemical Exemption for Solids Under 
EPCRA Section 311(e)(2)

    EPA is considering interpreting the exemption for hazardous 
chemicals found at EPCRA section 311(e)(2) so that only the amount of 
fume or dust given off a piece of metal (or other manufactured solid) 
that is being modified be subject to EPCRA sections 311 and 312 and 
applied toward threshold determination.
    Under EPCRA section 311(e)(2), ``Any substance present as a solid 
in any manufactured item to the extent exposure to the substance does 
not occur under normal conditions of use'' is exempt from the 
definition of hazardous chemical and therefore need not be reported 
under sections 311 and 312. EPA's interpretation of this exemption has 
been that portions of metal stock that are modified such that exposure 
to a hazardous chemical can occur should be counted to determine the 
quantity present for threshold purposes. For example, if there are 
10,000 pounds of steel undergoing a welding process at a facility at 
any one time, then 10,000 pounds would need be counted toward the 
quantity for threshold determination.
    EPA believes that the current interpretation of this exemption 
occasionally requires reporting of information that is unnecessary for 
emergency planning and community right-to-know purposes. Refining this 
interpretation would relieve facilities from reporting that unnecessary 
information. Under this approach, the facility owner or operator would 
need to quantify the amount of fume or dust given off during a 
modification process, in order to apply that amount toward threshold 
determination.
    EPA's intention is to interpret this exemption in a reasonable 
manner, one that provides a balance between the amount of information 
required to be reported, and the usefulness of the information for the 
protection of public health and the environment. EPA requests comments 
concerning whether it should revise its guidance on the meaning of this 
exemption and, if so, whether the alternative interpretation described 
above is sensible.
    EPA would also like to clarify that, under any of the 
interpretations of this exemption being considered, stamping a piece of 
sheet metal doesn't negate the exemption for that piece of metal; the 
piece of metal would still qualify for the exemption. EPA believes that 
the stamping of sheet metal does not present exposure to a hazardous 
chemical.
    EPA also seeks to clarify that bricks generally need not be 
reported under sections 311 and 312, provided that they are being 
neither manufactured nor modified, because they fall under the 
exemption at EPCRA section 311(e)(2). However, if a brick undergoes a 
modification process (for example cutting) such that exposure to a 
hazardous chemical can occur, then under the current interpretation, 
the brick would no longer be exempt; and under the alternative 
interpretation under consideration, that portion of the brick released 
as fume or dust would no longer be exempt, but the remainder of the 
brick would be exempt.

D. EPCRA Section 312 Reporting to Fulfill Reporting Requirements Under 
Section 311

    EPA is considering guidance that addresses how facilities may use 
section 312 reporting to fulfill the reporting requirements under 
section 311, provided that the reporting conforms to the required time 
frame and that Tier II information is reported. The information and 
timing requirements are discussed below.
    Section 312 reporting can only be used to fulfill section 311 
reporting if the section 312 report contains all of the information 
required under section 311. Section 311 permits the choice of 
submitting either an MSDS for each hazardous chemical being reported, 
or a list of such chemicals grouped by hazard categories. Under section 
312, a regulated facility may choose to submit Tier I information or 
Tier II information; some States may require Tier II information. Tier 
II information includes all of the data required under section 311. 
Tier II information requires the reporting of hazardous chemicals, with 
an indication of which hazard categories apply to each chemical being 
reported. In short, Tier II information constitutes a list of hazardous 
chemicals identified by hazard category, consistent with section 311.
    In addition, section 312 and its implementing regulations require 
reporting Tier I information by March 1 of each year for which 
hazardous chemicals were present at a facility during the preceding 
year, and Tier II information within 30 days of a request from the 
SERC, the LEPC or the fire department. Section 311 and its implementing 
regulations require reporting within 3 months after becoming subject to 
the reporting requirements, or within 3 months after discovery of 
significant new information concerning a hazardous chemical that

[[Page 31292]]

has already been reported, or within 30 days of a request from the 
SERC, LEPC or the fire department. For any given year, a section 312 
submission may be made between January 1 and March 1 of the following 
year. Section 312 reporting could be used to meet section 311 reporting 
for only those facilities that become subject to reporting under 
section 311, or discover significant new information concerning a 
hazardous chemical, between October 1 and December 31 of any given 
calendar year.
    Both sections 311 and 312 require submission of reporting 
information to the SERC, the LEPC and the fire department with 
jurisdiction over the facility, so allowing section 312 reporting to 
meet section 311 reporting requirements does not create any 
difficulties concerning recipients of the information.
    EPA seeks comments from regulated facilities, SERCs, LEPCs, and 
local fire departments regarding the usefulness of guidance on this 
reporting option, and any difficulties that may have been encountered 
in the past that might be relevant.

E. Emergency Planning Notification

    Section 355.20 in today's proposed rule provides requirements for 
emergency planning notification. That section is based on section 
355.30 of the existing regulations, and indicates that notice of any 
changes relevant to emergency planning, and any information requested 
by the LEPC that is necessary for developing or implementing the local 
emergency plan, must be submitted promptly to the SERC and the LEPC. 
EPA is taking this opportunity to consider guidance on the meaning of 
``promptly.'' EPA does not intend to define the term ``promptly,'' 
however, EPA believes that 10 to 20 working days is generally a 
reasonable amount of time to provide such notice. EPA requests public 
comment on this potential guidance.

F. Emergency Release Notification

    Section 355.40 in today's proposed rule provides requirements for 
emergency release notification. That section is based on section 355.40 
of the existing regulations, and indicates that a written follow-up 
emergency notice is to be provided as soon as practicable after a 
release. EPA is taking this opportunity to consider guidance on the 
meaning of ``as soon as practicable.'' EPA does not intend to define 
the phrase ``as soon as practicable'--the amount of time required to 
provide a written follow-up notice will depend on the specific 
circumstances of an incident. However, EPA believes that it should be 
practicable to provide such notice in no more than 30 days (although, 
depending on the circumstances, more or less time may be appropriate 
for the written follow-up notification). EPA requests public comment on 
this potential guidance.

VI. What Else Is Different About This Rule?

A. Plain English Format

    EPA is proposing today to rewrite and reorganize all of parts 355 
and 370, which cover requirements for emergency planning and release 
notification and hazardous chemical community right-to-know reporting, 
to make them clearer and easier to use. These changes are proposed as 
part of the Agency's ongoing efforts at regulatory reinvention. 
Although the format has changed as a result of rewriting the regulatory 
text in ``plain English,'' the only substantive regulatory changes that 
EPA is proposing are those discussed above, under the heading What 
Regulatory Changes is EPA Proposing in This Rule? EPA is not intending 
to revise, reopen or reconsider the merits of any other aspects of the 
existing regulatory requirements at 40 CFR parts 355 and 370. In 
today's document EPA is also exploring the development of guidance on 
the implementation of existing statutory and regulatory requirements, 
as discussed under the heading What Draft Guidance is EPA Publishing in 
This Preamble? Any previous policy statements, interpretations, or 
guidance issued by EPA concerning the existing requirements under parts 
355 and 370 would not be changed by today's document, except for the 
specific guidance EPA has described in this document.
    EPA is seeking comments concerning whether the plain English format 
that is proposed in today's rulemaking is, in fact, clearer and easier 
to use than the existing regulatory text. EPA requests suggestions for 
improving the readability of the rule. EPA also is requesting comments 
on whether any unintended substantive changes have been made as a 
result of rewriting the regulatory text in plain English. Comments are 
requested concerning all issues and options regarding the specific 
substantive regulatory changes that are discussed in this preamble. 
However, the regulations at 40 CFR parts 355 and 370 have been in 
effect for many years and EPA is not soliciting comments on any other 
aspects regarding the merits of those regulations in today's 
rulemaking.
    One of the proposed changes to parts 355 and 370 is to use tables 
to reorganize and clarify some of the requirements. In particular, 
sections 355.20, 355.60 and 370.14 of today's proposed rule each 
contain tables. EPA is interested in public comment on the usefulness 
of the proposed tables. Note that ellipses are used in the proposed 
tables to help the reader walk through the tables, and do not reflect 
the omission of any text. Ellipses used in the body of a table indicate 
that the rows contain sentences to be read across the table from left 
to right. Ellipses used in the heading of a table indicate the 
continuation of a concept in the rows below.
    It is important to understand that all of the requirements found in 
today's proposed regulations, including those set forth in table 
format, constitute binding, enforceable legal requirements. The plain 
English format used in today's proposed regulations may appear 
different from other rules, but it establishes binding, enforceable 
legal requirements like those in the existing regulations at 40 CFR 
parts 355 and 370. Note, however, that EPA has added some non-binding 
guidance in today's proposed regulations in the form of notes. Such 
notes are indicated in the regulations by the word ``note'' and a 
smaller typeface (see, for example, the note at the end of proposed 
paragraph 355.40(b)). These notes are intended to improve understanding 
of the regulatory requirements, but are not binding under EPCRA. 
Proposed sections 355.1 and 370.1 explain that the notes are considered 
non-binding guidance.

B. Conversion Table

    In an effort to make the requirements clearer and easier to use, 
the existing parts 355 and 370 have been reorganized. The conversion 
table below will help you to determine where the various sections of 
the existing regulations are located in today's proposed rule:

----------------------------------------------------------------------------------------------------------------
               Existing section                       Proposed section(s)                    Comment            
----------------------------------------------------------------------------------------------------------------
355.10.......................................  355.1...........................  ...............................
355.20.......................................  355.61..........................  Definitions for parts 355 and  
                                                                                  370 were consolidated.        

[[Page 31293]]

                                                                                                                
355.30.......................................  355.10, 355.11, 355.12, 355.13,                                  
                                                355.14, 355.15, 355.16, 355.20.                                 
355.40.......................................  355.30, 355.31, 355.32, 355.33,                                  
                                                355.40, 355.42, 355.43, 355.60.                                 
355.50.......................................  ................................  Penalty provisions were removed
                                                                                  from the regulation; penalties
                                                                                  continue to apply under       
                                                                                  statutory authority.          
                                               355.2...........................  New section.                   
                                               355.3...........................  New section.                   
                                               355.21..........................  New section.                   
                                               355.41..........................  New section.                   
370.1........................................  370.1...........................  ...............................
370.2........................................  355.61, 370.13..................  Definitions for parts 355 and  
                                                                                  370 were consolidated;        
                                                                                  exceptions to the definition  
                                                                                  of hazardous chemical were    
                                                                                  also placed in section 370.13.
370.5........................................  ................................  Penalty provisions were removed
                                                                                  from the regulation; penalties
                                                                                  continue to apply under       
                                                                                  statutory authority.          
370.20.......................................  370.10, 370.12, 370.20, 370.30,                                  
                                                370.33, 370.40, 370.45.                                         
370.21.......................................  370.10, 370.30, 370.31, 370.32,                                  
                                                370.33, 370.62.                                                 
370.25.......................................  370.10, 370.40, 370.44, 370.45,                                  
                                                370.62, 370.65.                                                 
370.28.......................................  370.14.                                                          
370.30.......................................  370.10, 370.60, 370.61, 370.62,                                  
                                                370.63.                                                         
370.31.......................................  370.63, 370.64                                                   
370.40.......................................  370.40, 370.41, 370.43..........  Tier I form and instructions   
                                                                                  were removed.                 
370.41.......................................  370.40, 370.42, 370.43, 370.64..  Tier II form and instructions  
                                                                                  were removed.                 
                                               370.2...........................  New section.                   
                                               370.3...........................  New section.                   
                                               370.11..........................  New section.                   
----------------------------------------------------------------------------------------------------------------

VII. Where Are SERCs and LEPCs Listed?

    You may access a database of SERCs and LEPCs by visiting the CEPPO 
Internet site, at www.epa.gov/ceppo. The database provides the most up-
to-date information that EPA has regarding contacts, phone numbers and 
addresses for SERCs and LEPCs. This information is subject to change, 
however. You may also contact the Hotline for information regarding 
SERCs, and your SERC should be able to direct you to your LEPC. Hotline 
phone numbers are listed in the preceding FOR FURTHER INFORMATION 
CONTACT section. EPA is providing this information here in an effort to 
ease compliance with the regulations at 40 CFR parts 355 and 370.

VIII. Regulatory Analyses

A. Executive Order No. 12866

    Under Executive Order 12866, (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. This proposed rule is considered 
significant because it advances novel policy issues. Thus, EPA has 
submitted this action to OMB for review. The draft of this proposed 
rulemaking document submitted to OMB for review, related documents, and 
changes made in response to OMB suggestions or recommendations will be 
documented in the public record and made available for public 
inspection at EPA's CERCLA Docket Office (Docket No. 300RR-IF-1).

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, or SBREFA) whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
This analysis is unnecessary, however, if the agency's administrator 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities.
    EPA has examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act and has determined that this 
action will not have a significant economic impact on a substantial 
number of small entities. This rule would reduce regulatory burdens for 
small entities. The overall economic effect of this regulation has been 
estimated to equate to 588,054 hours of burden reduction (with no added 
burden) at a total cost saving of approximately $16 million per year to 
all regulated entities. Therefore, this regulation will result in a 
cost savings. Accordingly, the Agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities. This rule, therefore, does not require a regulatory 
flexibility analysis.

C. Paperwork Reduction Act

    The information collection analysis for this proposed rule has been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An Information Collection

[[Page 31294]]

Request (ICR) document has been prepared by EPA (ICR No.1352.05) and a 
copy may be obtained from Sandy Farmer by mail at OPPE Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., SW; Washington, DC 20460, by email at 
<a href="/cdn-cgi/l/email-protection#c0a6a1b2ada5b2eeb3a1aea4b980a5b0a1ada1a9aceea5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="ec8a8d9e81899ec29f8d828895ac899c8d818d8580c2899c8dc28b839a">[email protected]</span></a>, or by calling (202) 260-2740. A copy may 
also be downloaded off the Internet at http://www.epa.gov/icr.
    EPA currently has an approved ICR (ICR No. 1395.03) of 965,982 
hours for the existing EPCRA sections 302, 303 and 304 (40 CFR part 
355) reporting requirements, based on 106,400 annual responses, 
averaging 20.75 hours per response for newly regulated facilities, 11.5 
hours for existing facilities, and approximately 5 hours for emergency 
release notification requirements with no annual record keeping burden 
hours. Also, EPA currently has an approved ICR (ICR No. 1352.04) of 
2,963,209 hours for the existing EPCRA sections 311 and 312 reporting 
requirements (40 CFR part 370), based on 868,527 annual responses, 
averaging 3.1 hours per response with no annual record keeping burden 
hours. Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    As part of the President's program for reinventing government and 
reforming regulatory policy, EPA is proposing to relax the reporting 
burden imposed by the EPCRA regulations at 40 CFR parts 355 and 370. 
EPA anticipates that today's proposed rulemaking will reduce the burden 
for part 370 from 2,963,209 hours to 2,375,155 hours, for a reduction 
of 588,054 hours under ICR No. 1352.04. This translates into an 
estimated cost savings of over $16 million.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden reduction estimates, and any 
suggested methods for further minimizing respondent burden, including 
through the use of automated collection techniques. Send comments on 
the ICR to the Director, OPPE Regulatory Information Division; U.S. 
Environmental Protection Agency (2137); 401 M St., SW; Washington, DC 
20460; and to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, 725 17th St., NW, Washington, DC 20503, 
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in 
any correspondence. Since OMB is required to make a decision concerning 
the ICR between 30 and 60 days after June 8, 1998, a comment to OMB is 
best assured of having its full effect if OMB receives it by July 8, 
1998. The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. This rule is intended to provide burden relief, 
and doesn't impose additional costs to State, local, or tribal 
governments, or to the private sector. Thus, today's rule is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    EPA also has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The intent of this rule is to provide burden relief to 
regulated entities, including small governments.

E. Environmental Justice

    Executive Order 12898 requires that each Federal agency make 
achieving environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations. By proposing to 
rewrite the regulations at 40 CFR parts 355 and 370 in plain English, 
EPA intends to make the rule clearer and more easy to use, which may 
decrease the costs of compliance and also promote more meaningful 
public participation under EPCRA. This will benefit all of the public, 
including minorities and low-income populations.

F. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. No. 104-113, section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices, etc.) That are developed or 
adopted by voluntary consensus standards bodies. The NTTAA requires EPA 
to provide Congress, through OMB,

[[Page 31295]]

explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    EPA is not proposing any new test methods or other technical 
standards as part of today's rule, which proposes revisions to the 
regulations implementing the emergency planning and release 
notification and hazardous chemical community right-to-know 
requirements under EPCRA. Thus, the Agency does not need to consider 
the use of voluntary consensus standards in developing this proposed 
rule. EPA invites public comment on this analysis.

G. Executive Order 13045

    The Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that EPA determines (1) ``economically 
significant'' as defined under Executive Order 12866, and (2) the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children; and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This 
proposed rule is not subject to E.O. 13045 because a) this is not an 
economically significant regulatory action as defined by E.O. 12866 and 
b) the environmental health or safety risks addressed by this action do 
not have a disproportionate effect on children.

List of Subjects in 40 CFR Parts 355 and 370

    Environmental protection, Air pollution control, Chemical accident 
prevention, Chemical emergency preparedness, Chemicals, Community 
emergency response plan, Community right-to-know, Contingency planning, 
Disaster assistance, Emergency planning and community right-to-know 
act, Hazardous substances, Intergovernmental relations, Natural 
resources, Reporting and recordkeeping requirements, Threshold planning 
quantity, Water pollution control, Water supply.

    Dated: May 21, 1998.
Carol M. Browner,
Administrator.

    For the reasons discussed in the preamble the Environmental 
Protection Agency proposes to revise 40 CFR parts 355 and 370 as 
follows:

PART 355--EMERGENCY PLANNING AND NOTIFICATION

Subpart A--General Information

Sec.
355.1  What is the purpose of this part?
355.2  Who do ``you,'' ``I,'' and ``your'' refer to in this part?
355.3  Which section contains the definitions of the key words used 
in this part?

Subpart B--Emergency Planning

Who Must Comply

355.10  Must my facility comply with the emergency planning 
requirements of this subpart?
355.11  To what substances do the emergency planning requirements of 
this subpart apply?
355.12  What quantities of extremely hazardous substances trigger 
emergency planning requirements?
355.13  How do I calculate the quantity of extremely hazardous 
substances present in mixtures?
355.14  Do I have to aggregate extremely hazardous substances to 
determine quantities present?
355.15  Which threshold planning quantity do I use for extremely 
hazardous substances present at my facility in solid form?
355.16  How do I determine the quantity of extremely hazardous 
substances present for certain forms of solids?

How To Comply

355.20  If this subpart applies to my facility, what information 
must I provide, who must I submit it to, and when is it due?
355.21  What format should the information be in?

Subpart C--Emergency Release Notification

Who Must Comply

355.30  What facilities must comply with the emergency release 
notification requirements of this subpart?
355.31  What types of releases are exempt from the emergency release 
notification requirements of this subpart?
355.32  Which emergency release notification requirements apply to 
continuous releases?
355.33  Release of what quantities of EHSs and CERCLA hazardous 
substances trigger the emergency release notification requirements 
of this subpart?

How To Comply

355.40  What information must I provide?
355.41  What format should the information be in?
355.42  To whom must I submit the information?
355.43  When must I submit the information?

Subpart D--Additional Provisions

355.60  What is the relationship between the emergency release 
notification requirements of this part and the release notification 
requirements of CERCLA?
355.61  How are key words in this part defined?

Appendix A to Part 355--The List of Extremely Hazardous Substances and 
Their Threshold Planning Quantities (Alphabetical Order)

Appendix B to Part 355--The List of Extremely Hazardous Substances and 
Their Threshold Planning Quantities (CAS Number Order)

    Authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the 
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) 
(42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049).

Subpart A--General Information


Sec. 355.1  What is the purpose of this part?

    (a) This part (40 CFR part 355) establishes requirements for a 
facility to provide information necessary for developing and 
implementing State and local chemical emergency response plans, and 
requirements for emergency notification of chemical releases. This part 
also lists Extremely Hazardous Substances (EHSs) and Threshold Planning 
Quantities (TPQs) in appendices A and B, which are used in determining 
if you are subject to these requirements.
    (b) This part is written in a special format to make it easier to 
understand the regulatory requirements. Like other Environmental 
Protection Agency (EPA) regulations, this part establishes enforceable 
legal requirements. Information considered non-binding guidance under 
EPCRA is indicated in this regulation by the word ``note'' and a 
smaller typeface. Such notes are provided for information purposes only 
and are not considered legally binding under this part.


Sec. 355.2  Who do ``you,'' ``I,'' and ``your'' refer to in this part?

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


Sec. 355.3  Which section contains the definitions of the key words 
used in this part?

    The definitions of key words used in this part are in Sec. 355.62. 
It is important to read the definitions for key words because the 
definition explains the word's specific meaning in the regulations in 
this part. When a defined word first appears in this part, it is 
printed with the initial letter capitalized.

[[Page 31296]]

Subpart B--Emergency Planning

Who Must Comply


Sec. 355.10  Must my facility comply with the emergency planning 
requirements of this subpart?

    You must comply with the emergency planning requirements in this 
subpart if your facility meets either of the following two conditions:
    (a) Any extremely hazardous substance (EHS) is present at your 
facility in an amount equal to or greater than its threshold planning 
quantity (TPQ), or
    (b) Your facility has been designated for emergency planning 
purposes, after public notice and opportunity for comment, by one of 
the following three entities:
    (1) The State Emergency Response Commission (SERC). SERC means the 
emergency response commission for the State in which the facility is 
located except where the facility is located in Indian Country, in 
which case, SERC means the emergency response commission for the Indian 
Tribe under whose jurisdiction the facility is located.
    (2) The Governor of the State in which your facility is located.
    (3) The Chief Executive Officer of the Tribe for the Indian Tribe 
under whose jurisdiction your facility is located.


Sec. 355.11  To what substances do the emergency planning requirements 
of this subpart apply?

    The emergency planning requirements of this subpart apply to any 
extremely hazardous substance (EHS). EHSs are listed in appendices A 
and B of this part. If a facility is designated for emergency planning 
purposes, as provided in Sec. 355.10(b) of this subpart, substances 
that are not EHSs may become subject to the emergency planning 
requirements of this subpart.


Sec. 355.12  What quantities of extremely hazardous substances trigger 
emergency planning requirements?

    Any EHS present at your facility in an amount equal to or greater 
than its threshold planning quantity triggers the emergency planning 
requirements of this subpart. The threshold planning quantities are 
listed in appendices A and B of this part, in the column labeled 
``threshold planning quantity.''


Sec. 355.13  How do I calculate the quantity of extremely hazardous 
substances present in mixtures?

    If an EHS is present in a Mixture in a particular container, then 
determine the actual quantity of EHS in that container as follows: 
multiply the concentration of EHS (in weight percent) by the weight (in 
pounds) of mixture in the container. If the concentration of an EHS is 
less than or equal to one percent, you do not have to count that EHS 
present in the mixture. The following example illustrates the 
provisions of this paragraph:

Example

    If you have 150 pounds of a mixture that contains 20 percent of 
a certain EHS, the quantity of that EHS present in the mixture can 
be calculated as follows:

EHS (in pounds)
    = (weight percent of EHS)  x  (weight of mixture)
    = (20 percent)  x  (150 pound mixture)
    = (0.20)  x  (150)
EHS (in pounds)
    = 30 pounds


Sec. 355.14  Do I have to aggregate extremely hazardous substances to 
determine quantities present?

    You must aggregate (i.e., add together) EHSs at your facility to 
determine if a TPQ is present. This means that, for a particular 
extremely hazardous substance, you must consider the total amount 
present at any one time at your facility, by adding together the 
quantity present in all mixtures and all other quantities of the EHS, 
regardless of location, number of containers, or method of storage. You 
do not have to count extremely hazardous substances present in a 
mixture if the concentration is less than or equal to one percent.


Sec. 355.15  Which threshold planning quantity do I use for extremely 
hazardous substances present at my facility in solid form?

    Extremely hazardous substances that are in solid form are subject 
to one of two different TPQs (for example, TPQs may be listed as 500/
10,000 pounds), both of which are listed in appendices A and B of this 
part. The following explains how to determine which of the two listed 
TPQs you must use for an extremely hazardous substance present at your 
facility in solid form:
    (a) Use the lower TPQ, from appendices A and B of this part, if the 
solid is in one of the following four categories:
    (1) The solid is in powdered form and has a particle size less than 
100 microns.
    (2) The solid is in solution.
    (3) The solid is in molten form.
    (4) The solid meets the criteria for a National Fire Protection 
Association (NFPA) rating of 2, 3 or 4 for reactivity.

    Note to paragraph (a): Use the instructions in Sec. 355.16 to 
calculate the quantity present for the categories of solids listed 
in paragraphs (a)(1), (2) and (3) of this section.

    (b) Use the higher TPQ, from appendices A and B of this part, if 
the solid does not meet one of the criteria in paragraph (a) of this 
section. The higher TPQ is 10,000 pounds in every case.


Sec. 355.16  How do I determine the quantity of extremely hazardous 
substance present for certain forms of solids?

    For the following three forms of solids, which are listed in 
Sec. 355.15(a), use these instructions to determine the quantity of 
extremely hazardous substance present:
    (a) Solid in powdered form with a particle size less than 100 
microns. Multiply the weight percent of solid with a particle size less 
than 100 microns in a particular container by the total weight of solid 
in the container.
    (b) Solid in solution. Multiply the weight percent of solid in the 
solution in a particular container by the total weight of solution in 
the container.
    (c) Solid in molten form. Multiply the weight of solid in molten 
form by 0.3.

How to Comply


Sec. 355.20  If this subpart applies to my facility, what information 
must I provide, who must I submit it to, and when is it due?

    The following table tells you what information you must provide to 
comply with the emergency planning requirements of this subpart. The 
table also tells you to whom you must provide the information, and when 
the information is due:

[[Page 31297]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
   What types of emergency planning         What information must I       To whom must I provide the                                                    
      notification are required?                   provide?                      information?                 When must I provide the information?      
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emergency planning notification.......  You must provide notice that    To the SERC and the LEPC       By May 17, 1987, or within 60 days after your    
                                         your facility is subject to     (LEPC means the local          facility first becomes subject to the           
                                         the emergency planning          emergency planning committee   requirements of this subpart; if no LEPC exists 
                                         requirements of this subpart.   appointed by the SERC).        for your facility at the time you are required  
                                                                                                        to provide emergency planning notification, then
                                                                                                        report to the LEPC within 30 days after         
                                                                                                        establishment of a LEPC for the emergency       
                                                                                                        planning district in which your facility is     
                                                                                                        located.                                        
Facility emergency coordinator........  You must designate a facility   To the LEPC (or the SERC if    By September 17, 1987, or within 60 days after   
                                         representative who will         there is no LEPC, or the       your facility first becomes subject to the      
                                         participate in the local        Governor if there is no        requirements of this subpart; if no LEPC exists 
                                         emergency planning process as   SERC).                         for your facility at the time you are required  
                                         a facility emergency response                                  to provide facility emergency coordinator       
                                         coordinator. You must provide                                  notification, then provide an additional report 
                                         notice of this facility                                        to the LEPC within 30 days after establishment  
                                         representative.                                                of a LEPC for the emergency planning district in
                                                                                                        which your facility is located.                 
Changes relevant to emergency planning  You must provide notice of any  To the LEPC..................  Promptly.                                        
                                         changes occurring at your                                                                                      
                                         facility that may be relevant                                                                                  
                                         to emergency planning.                                                                                         
Requested information.................  You must provide any            To the LEPC                    Promptly.                                        
                                         information necessary for                                                                                      
                                         developing or implementing                                                                                     
                                         the local emergency plan if                                                                                    
                                         the LEPC requests it.                                                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 355.21  What format should the information be in?

    EPA does not require any specific format. Note: EPA recommends that 
you submit the information described in Sec. 355.20 in writing, in 
order to insure appropriate documentation. The SERC or LEPC may request 
a specific format for this information.

Subpart C--Emergency Release Notification

Who Must Comply


Sec. 355.30  What facilities must comply with the emergency release 
notification requirements of this subpart?

    You must comply with the emergency release notification 
requirements in this subpart if both of the following two conditions 
are met:
    (a) A Hazardous Chemical is produced, used, or stored at your 
facility.
    (b) There is a release of a Reportable Quantity (RQ) of any 
extremely hazardous substance, or of a hazardous substance as defined 
by the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA Hazardous Substance) at your facility, except 
that certain releases are exempted from these requirements. Exempted 
releases are listed in Sec. 355.31.

    Note to paragraph (b): In addition to the emergency release 
notification requirements of this subpart, releases of CERCLA 
hazardous substances are subject to notification requirements under 
CERCLA. This is explained further in subpart D of this part.


Sec. 355.31  What types of releases are exempt from the emergency 
release notification requirements of this subpart?

    You do not have to provide emergency release notification under 
this subpart for any of the following five types of releases of EHSs or 
CERCLA hazardous substances that occur at your facility:
    (a) Any release that results in exposure to persons solely within 
the boundaries of your facility.
    (b) Any release that is a federally permitted release as defined in 
section 101(10) of CERCLA.
    (c) Any release of a pesticide product that is exempt from CERCLA 
section 103(a) reporting under section 103(e) of CERCLA.
    (d) Any release that doesn't meet the definition of release under 
section 101(22) of CERCLA and is therefore exempt from CERCLA section 
103(a) reporting.
    (e) Any radionuclide release that occurs:
    (1) Naturally in soil from land holdings such as parks, golf 
courses, or other large tracts of land.
    (2) Naturally from land disturbance activities, including farming, 
construction, and land disturbance incidental to extraction during 
mining activities, except that which occurs at uranium, phosphate, tin, 
zircon, hafnium, vanadium, monazite, and rare earth mines. Land 
disturbance incidental to extraction includes: land clearing; 
overburden removal and stockpiling; excavating, handling, transporting, 
and storing ores and other raw materials; and replacing materials in 
mined-out areas as long as such materials have not been beneficiated or 
processed and do not contain elevated radionuclide concentrations 
(greater than 7.6 picocuries per gram or pCi/g of Uranium-238, 6.8 pCi/
g of Thorium-232, or 8.4 pCi/g of Radium-226).
    (3) From the dumping and transportation of coal and coal ash 
(including fly ash, bottom ash, and boiler slags), including the 
dumping and land spreading operations that occur during coal ash uses.
    (4) From piles of coal and coal ash, including fly ash, bottom ash, 
and boiler slags.


Sec. 355.32  Which emergency release notification requirements apply to 
continuous releases?

    If there is a release of an EHS or CERCLA hazardous substance that 
is continuous and stable in quantity and rate at your facility, as 
defined in 40 CFR 302.8(b), the release qualifies for reduced reporting 
requirements under this subpart. Under the reduced reporting 
requirements, you do not need to provide the notifications required 
under Sec. 355.40. However, in addition to the notifications required 
under 40 CFR 302.8, you must make all of the following notifications to 
the

[[Page 31298]]

community emergency coordinator for the LEPC for any area likely to be 
affected by the release and to the SERC of any State likely to be 
affected by the release:
    (a) Initial notifications as specified in 40 CFR 302.8 (d) and (e).
    (b) Notification of a ``statistically significant increase,'' 
defined in 40 CFR 302.8(b) as any increase above the upper bound of the 
reported normal range.
    (c) Notification of a ``new release'' as specified in 40 CFR 
302.8(g)(1).
    (d) Notification of a change in the normal range of the release as 
specified under 40 CFR 302.8(g)(2).


Sec. 355.33  Release of what quantities of EHSs and CERCLA hazardous 
substances trigger the emergency release notification requirements of 
this subpart?

    The release of a reportable quantity (RQ) of an EHS or CERCLA 
hazardous substance, within any 24-hour period, triggers the emergency 
release notification requirements. Reportable quantities for extremely 
hazardous substances are listed in appendices A and B of this part, in 
the column labeled ``reportable quantity.'' Reportable quantities for 
CERCLA hazardous substances are listed in Table 302.4 of 40 CFR part 
302, in the column labeled ``final RQ.''

How to Comply


Sec. 355.40  What information must I provide?

    You must make two separate notifications to comply with the 
emergency release notification requirements of this subpart: an 
immediate notification, and as soon as practicable thereafter a written 
follow-up emergency notification (or notifications, as more information 
becomes available). You must include the following information in your 
notifications:
    (a) Immediate notification. Your immediate notice must include all 
of the following, to the extent known at the time of notice and so long 
as no delay in notice or emergency response results:
    (1) The chemical name or identity of any substance involved in the 
release.
    (2) An indication of whether the substance is an extremely 
hazardous substance.
    (3) An estimate of the quantity of any such substance that was 
released into the environment.
    (4) The time and duration of the release.
    (5) The medium or media into which the release occurred.
    (6) Any known or anticipated acute or chronic health risks 
associated with the emergency and, where appropriate, advice regarding 
medical attention necessary for exposed individuals.
    (7) Proper precautions to take as a result of the release, 
including evacuation (unless such information is readily available to 
the community emergency coordinator pursuant to the emergency plan).
    (8) The name and telephone number of the individual (or 
individuals) to be contacted for further information.
    (b) Written follow-up emergency notification. Except for releases 
during transportation, or storage incident to transportation, you must 
provide a written follow-up emergency notice (or notices, as more 
information becomes available), as soon as practicable after the 
release. In the written follow-up emergency notice you must set forth 
and update the information required in the immediate notification and 
include additional information with respect to all of the following:
    (1) Actions taken to respond to and contain the release.
    (2) Any known or anticipated acute or chronic health risks 
associated with the release.
    (3) Where appropriate, advice regarding medical attention necessary 
for exposed individuals.

    Note to paragraph (b): You are not required to submit a written 
follow-up notification for a release during transportation, or 
storage incident to transportation. See Sec. 355.42(b) for 
requirements for reporting such releases.


Sec. 355.41  What format should the information be in?

    The immediate notification, described in Sec. 355.40(a), should be 
oral. The written follow-up emergency notification, described in 
Sec. 355.40(b), must be in writing. The EPA does not specify a 
particular format for the written follow-up emergency notification.

    Note: The LEPC may request a specific format for this 
information.


Sec. 355.42  To whom must I submit the information?

    (a) You must provide the required emergency release notification 
information (both the immediate and written follow-up notification) to 
both of the following:
    (1) The community emergency coordinator for the LEPC of any area 
likely to be affected by the release (if there is no LEPC, notify 
relevant local emergency response personnel).
    (2) The SERC of any State likely to be affected by the release.
    (b) With respect to a release during transportation, or storage 
incident to transportation, you may meet the requirements of this 
subpart by notifying the 911 operator (or in the absence of a 911 
emergency telephone number, the operator) of the immediate notification 
information listed in Sec. 355.40(a). You are not required under this 
subpart to submit a written follow-up notification, as described in 
Sec. 355.40(b), for such a release.


Sec. 355.43  When must I submit the information?

    You must provide the required emergency release notification 
information as follows:
    (a) Provide the notice described under Sec. 355.40(a), immediately.
    (b) Provide the written follow-up emergency notice (or notices, as 
more information becomes available) described under Sec. 355.40(b), as 
soon as practicable after the release.

Subpart D--Additional Provisions


Sec. 355.60  What is the relationship between the emergency release 
notification requirements of this part and the release notification 
requirements of CERCLA?

    The emergency release notification requirements of this part are in 
addition to the release notification requirements of CERCLA. If you 
have a release of a CERCLA hazardous substance, you must comply with 
the emergency release notification requirements of this part and the 
release reporting requirements of CERCLA section 103, codified at 40 
CFR part 302. Refer to the following table to determine which emergency 
release notification requirements apply to your release:

[[Page 31299]]



------------------------------------------------------------------------
 If a reportable quantity of   And if the release    And if the release 
   a substance is released     is reportable under   is reportable under
 within a 24-hour period at     EPCRA section 304    CERCLA section 103 
        your facility             then you must         then you must   
------------------------------------------------------------------------
And the substance is on BOTH  Notify the local      Comply with the     
 the list of EPCRA Extremely   emergency planning    release reporting  
 Hazardous Substances          committee (the        requirements of    
 (appendices A and B of this   LEPC) and the State   CERCLA section 103 
 part) AND the list of         emergency response    and its            
 CERCLA Hazardous Substances   commission (the       implementing       
 (Table 302.4 of 40 CFR        SERC), in             regulations (40 CFR
 302.4).                       accordance with       part 302). Call the
                               Secs.  355.40         National Response  
                               through 355.43 of     Center at 800/424- 
                               this part (see        8802.              
                               exception for a                          
                               release during                           
                               transportation or                        
                               storage incident to                      
                               transportation, as                       
                               provided in Sec.                         
                               355.42(b)).                              
And the substance is on the   Notify the LEPC and   Comply with the     
 list of CERCLA Hazardous      the SERC, in          release reporting  
 Substances (Table 302.4 of    accordance with       requirements of    
 40 CFR 302.4) and NOT on      Secs.  355.40         CERCLA section 103 
 the list of EPCRA extremely   through 355.43 of     and its            
 hazardous substances          this part (see        implementing       
 (appendices A and B of this   exception for a       regulations (40 CFR
 part).                        release during        part 302). Call the
                               transportation or     National Response  
                               storage incident to   Center at 800/424- 
                               transportation, as    8802.              
                               provided in Sec.                         
                               355.42(b)),.                             
And the substance is on the   Notify the LEPC and                       
 list of EPCRA Extremely       the SERC, in                             
 Hazardous Substances          accordance with                          
 (appendices A and B of this   Secs.  355.40                            
 part) and NOT on the list     through 355.43 of                        
 of CERCLA Hazardous           this part (see                           
 Substances (Table 302.4 of    exception for a                          
 40 CFR 302.4).                release during                           
                               transportation or                        
                               storage incident to                      
                               transportation, as                       
                               provided in Sec.                         
                               355.42(b)) .                             
------------------------------------------------------------------------
Note: This table only applies to reportable releases, not to exempt     
  releases.                                                             

Sec. 355.61  How are key words in this part defined?

    This section contains the definitions of key words for 40 CFR parts 
355 and 370. Therefore some of the key words defined in this section do 
not appear in this part, but appear in 40 CFR part 370 (40 CFR 370.3 
indicates that definitions for part 370 are in this section). Many of 
the defined key words appear in both 40 CFR parts 355 and 370.
    CERCLA means the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended.
    Chief Executive Officer of the Tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the Tribe.
    Environment includes water, air, and land and the interrelationship 
that exists among and between water, air, and land and all living 
things.
    EPCRA means the federal Emergency Planning and Community Right-To-
Know Act.
    Facility means all buildings, equipment, structures, and other 
stationary items that are located on a single site or on contiguous or 
adjacent sites and that are owned or operated by the same person (or by 
any person that controls, is controlled by, or under common control 
with, such person). Facility includes manmade structures as well as all 
natural structures in which chemicals are purposefully placed or 
removed through human means such that it functions as a containment 
structure for human use. For purposes of emergency release 
notification, the term includes motor vehicles, rolling stock, and 
aircraft.
    Hazard category means any of the following:
    (1) Immediate (acute) health hazard, including highly toxic, toxic, 
irritant, sensitizer, corrosive, (as defined under 29 CFR 1910.1200) 
and other hazardous chemicals that cause an adverse effect to a target 
organ and which effect usually occurs rapidly as a result of short-term 
exposure and is of short duration;
    (2) Delayed (chronic) health hazard, including carcinogens (as 
defined under 29 CFR 1910.1200) and other hazardous chemicals that 
cause an adverse effect to a target organ and which effect generally 
occurs as a result of long-term exposure and is of long duration;
    (3) Fire hazard, including flammable, combustible liquid, 
pyrophoric, and oxidizer (as defined under 29 CFR 1910.1200);
    (4) Sudden release of pressure, including explosive and compressed 
gas (as defined under 29 CFR 1910.1200); and
    (5) Reactive, including unstable reactive, organic peroxide, and 
water reactive (as defined under 29 CFR 1910.1200).
    Hazardous chemical means any hazardous chemical as defined under 29 
CFR 1910.1200(c), except that such term does not include the following 
substances:
    (1) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (2) Any substance present as a solid in any manufactured item to 
the extent exposure to the substance does not occur under normal 
conditions of use.
    (3) Any substance to the extent it is used:
    (i) For personal, family, or household purposes, or is present in 
the same form and concentration as a product packaged for distribution 
and use by the general public. Present in the same form and 
concentration as a product packaged for distribution and use by the 
general public means a substance packaged in a similar manner and 
present in the same concentration as the substance when packaged for 
use by the general public, whether or not it is intended for 
distribution to the general public or used for the same purpose as when 
it is packaged for use by the general public;
    (ii) In a research laboratory or hospital or other medical facility 
under the direct supervision of a technically qualified individual; or
    (iii) In routine agricultural operations or is a fertilizer held 
for sale by a retailer to the ultimate customer.
    Hazardous substances:
    (1) CERCLA hazardous substance means a substance defined in section 
101(14) of CERCLA. A list of such substances appears in Table 302.4 of 
40 CFR part 302.
    (2) Extremely hazardous substance (EHS) means a substance listed in 
appendices A and B of this part.
    Indian Country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian Tribe or Tribe means those Tribes federally recognized by 
the Secretary of the Interior.

[[Page 31300]]

    Inventory form means the uniform Tier I and Tier II emergency and 
hazardous chemical inventory forms published by the EPA. These forms 
can be used for reporting inventory information, as described in 40 CFR 
370.40 through 370.45.
    LEPC or Local emergency planning committee means the local 
emergency planning committee appointed by the State emergency response 
commission.
    Material Safety Data Sheet or MSDS means the sheet required to be 
developed under 29 CFR 1910.1200(g).
    Mixture means, for the purposes of 40 CFR part 355, a heterogenous 
association of substances where the various individual substances 
retain their identities and can usually be separated by mechanical 
means. This definition includes, for the purposes of 40 CFR part 355, 
solutions but does not include alloys or amalgams. For the purposes of 
part 370, mixture means mixture as defined under the Occupational 
Safety and Health Administration's Hazard Communication Standard in 29 
CFR 1910.1200(c).
    OSHA means the Occupational Safety and Health Act of 1970.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, State, municipality, commission, political subdivision of 
a State, or interstate body.
    Release means 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 hazardous 
chemical, extremely hazardous substance, or CERCLA hazardous substance.
    Reportable quantity means, for any CERCLA hazardous substance, the 
reportable quantity established in Table 302.4 of 40 CFR part 302, for 
such substance. For any extremely hazardous substance, reportable 
quantity means the reportable quantity established in appendices A and 
B of this part, for such substance. Unless and until superseded by 
regulations establishing a reportable quantity for newly listed EHSs or 
CERCLA hazardous substances, a weight of 1 pound shall be the 
reportable quantity.
    SERC or State Emergency Response Commission means the emergency 
response commission for the State in which the facility is located 
except where the facility is located in Indian Country, in which case, 
SERC means the emergency response commission for the Tribe under whose 
jurisdiction the facility is located. In the absence of an emergency 
response commission for a State or an Indian Tribe, the Governor or the 
chief executive officer of the tribe, respectively, shall be the SERC. 
Where there is a cooperative agreement between a State and a Tribe, the 
SERC shall be the entity identified in the agreement.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, the Northern Mariana Islands, any other 
territory or possession over which the United States has jurisdiction 
and Indian Country.
    Threshold planning quantity (TPQ) means, for a substance listed in 
appendices A and B of this part, the quantity listed in the column 
``threshold planning quantity'' for that substance.

   Appendix A to Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities   
                                              [Alphabetical Order]                                              
----------------------------------------------------------------------------------------------------------------
                                                            Reportable quantity *    Threshold planning quantity
   CAS No.          Chemical name             Notes                (pounds)                   (pounds)          
----------------------------------------------------------------------------------------------------------------
75-86-5.....  Acetone Cyanohydrin.....  .................  10                       1,000                       
1752-30-3...  Acetone                   .................  1,000                    1,000/10,000                
               Thiosemicarbazide.                                                                               
107-02-8....  Acrolein................  .................  1                        500                         
79-06-1.....  Acrylamide..............  l                  5,000                    1,000/10,000                
107-13-1....  Acrylonitrile...........  l                  100                      10,000                      
814-68-6....  Acrylyl Chloride........  h                  100                      100                         
111-69-3....  Adiponitrile............  l                  1,000                    1,000                       
116-06-3....  Aldicarb................  c                  1                        100/10,000                  
309-00-2....  Aldrin..................  .................  1                        500/10,000                  
107-18-6....  Allyl Alcohol...........  .................  100                      1,000                       
107-11-9....  Allylamine..............  .................  500                      500                         
20859-73-8..  Aluminum Phosphide......  b                  100                      500                         
54-62-6.....  Aminopterin.............  .................  500                      500/10,000                  
78-53-5.....  Amiton..................  .................  500                      500                         
3734-97-2...  Amiton Oxalate..........  .................  100                      100/10,000                  
7664-41-7...  Ammonia.................  l                  100                      500                         
300-62-9....  Amphetamine.............  .................  1,000                    1,000                       
62-53-3.....  Aniline.................  l                  5,000                    1,000                       
88-05-1.....  Aniline, 2,4,6-Trimethyl- .................  500                      500                         
               .                                                                                                
7783-70-2...  Antimony Pentafluoride..  .................  500                      500                         
1397-94-0...  Antimycin A.............  c                  1,000                    1,000/10,000                
86-88-4.....  ANTU....................  .................  100                      500/10,000                  
1303-28-2...  Arsenic Pentoxide.......  .................  1                        100/10,000                  
1327-53-3...  Arsenous Oxide..........  h                  1                        100/10,000                  
7784-34-1...  Arsenous Trichloride....  .................  1                        500                         
7784-42-1...  Arsine..................  .................  100                      100                         
2642-71-9...  Azinphos-Ethyl..........  .................  100                      100/10,000                  
86-50-0.....  Azinphos-Methyl.........  .................  1                        10/10,000                   
98-87-3.....  Benzal Chloride.........  .................  5,000                    500                         
98-16-8.....  Benzenamine, 3-           .................  500                      500                         
               (Trifluoromethyl)-.                                                                              
100-14-1....  Benzene, 1-               .................  500                      500/10,000                  
               (Chloromethyl)-4-Nitro-.                                                                         
98-05-5.....  Benzenearsonic Acid.....  .................  10                       10/10,000                   
3615-21-2...  Benzimidazole, 4,5-       g                  500                      500/10,000                  
               Dichloro-2-                                                                                      
               (Trifluoromethyl)-.                                                                              

[[Page 31301]]

                                                                                                                
98-07-7.....  Benzotrichloride........  .................  10                       100                         
100-44-7....  Benzyl Chloride.........  .................  100                      500                         
140-29-4....  Benzyl Cyanide..........  h                  500                      500                         
15271-41-7..  Bicyclo[2.2.1]Heptane-2-  .................  500                      500/10,000                  
               Carbonitrile, 5-Chloro-                                                                          
               6-                                                                                               
               ((((Methylamino)Carbony                                                                          
               l)Oxy)Imino)-, (1s-(1-                                                                           
               alpha,2-beta,4-alpha,5-                                                                          
               alpha,6E))-.                                                                                     
534-07-6....  Bis(Chloromethyl) Ketone  .................  10                       10/10,000                   
4044-65-9...  Bitoscanate.............  .................  500                      500/10,000                  
10294-34-5..  Boron Trichloride.......  .................  500                      500                         
7637-07-2...  Boron Trifluoride.......  .................  500                      500                         
353-42-4....  Boron Trifluoride         .................  1,000                    1,000                       
               Compound With Methyl                                                                             
               Ether (1:1).                                                                                     
28772-56-7..  Bromadiolone............  .................  100                      100/10,000                  
7726-95-6...  Bromine.................  l                  500                      500                         
1306-19-0...  Cadmium Oxide...........  .................  100                      100/10,000                  
2223-93-0...  Cadmium Stearate........  c                  1,000                    1,000/10,000                
7778-44-1...  Calcium Arsenate........  .................  1                        500/10,000                  
8001-35-2...  Camphechlor.............  .................  1                        500/10,000                  
56-25-7.....  Cantharidin.............  .................  100                      100/10,000                  
51-83-2.....  Carbachol Chloride......  .................  500                      500/10,000                  
26419-73-8..  Carbamic Acid, Methyl-,   d                  1                        100/10,000                  
               O-(((2,4-Dimethyl-1, 3-                                                                          
               Dithiolan-2-                                                                                     
               yl)Methylene)Amino)-.                                                                            
1563-66-2...  Carbofuran..............  .................  10                       10/10,000                   
75-15-0.....  Carbon Disulfide........  l                  100                      10,000                      
786-19-6....  Carbophenothion.........  .................  500                      500                         
57-74-9.....  Chlordane...............  .................  1                        1,000                       
470-90-6....  Chlorfenvinfos..........  .................  500                      500                         
7782-50-5...  Chlorine................  .................  10                       100                         
24934-91-6..  Chlormephos.............  .................  500                      500                         
999-81-5....  Chlormequat Chloride....  h                  100                      100/10,000                  
79-11-8.....  Chloroacetic Acid.......  .................  100                      100/10,000                  
107-07-3....  Chloroethanol...........  .................  500                      500                         
627-11-2....  Chloroethyl               .................  1,000                    1,000                       
               Chloroformate.                                                                                   
67-66-3.....  Chloroform..............  l                  10                       10,000                      
542-88-1....  Chloromethyl Ether......  h                  10                       100                         
107-30-2....  Chloromethyl Methyl       c                  10                       100                         
               Ether.                                                                                           
3691-35-8...  Chlorophacinone.........  .................  100                      100/10,000                  
1982-47-4...  Chloroxuron.............  .................  500                      500/10,000                  
21923-23-9..  Chlorthiophos...........  h                  500                      500                         
10025-73-7..  Chromic Chloride........  .................  1                        1/10,000                    
62207-76-5..  Cobalt, ((2,2'-(1,2-      .................  100                      100/10,000                  
               Ethanediylbis                                                                                    
               (Nitrilomethylidyne))                                                                            
               Bis(6-                                                                                           
               Fluorophenolato))(2-)-                                                                           
               N,N',O,O')-.                                                                                     
10210-68-1..  Cobalt Carbonyl.........  h                  10                       10/10,000                   
64-86-8.....  Colchicine..............  h                  10                       10/10,000                   
56-72-4.....  Coumaphos...............  .................  10                       100/10,000                  
5836-29-3...  Coumatetralyl...........  .................  500                      500/10,000                  
95-48-7.....  Cresol, o-..............  .................  100                      1,000/10,000                
535-89-7....  Crimidine...............  .................  100                      100/10,000                  
4170-30-3...  Crotonaldehyde..........  .................  100                      1,000                       
123-73-9....  Crotonaldehyde, (E)-....  .................  100                      1,000                       
506-68-3....  Cyanogen Bromide........  .................  1,000                    500/10,000                  
506-78-5....  Cyanogen Iodide.........  .................  1,000                    1,000/10,000                
2636-26-2...  Cyanophos...............  .................  1,000                    1,000                       
675-14-9....  Cyanuric Fluoride.......  .................  100                      100                         
66-81-9.....  Cycloheximide...........  .................  100                      100/10,000                  
108-91-8....  Cyclohexylamine.........  l                  10,000                   10,000                      
17702-41-9..  Decaborane(14)..........  .................  500                      500/10,000                  
8065-48-3...  Demeton.................  .................  500                      500                         
919-86-8....  Demeton-S-Methyl........  .................  500                      500                         
10311-84-9..  Dialifor................  .................  100                      100/10,000                  
19287-45-7..  Diborane................  .................  100                      100                         
111-44-4....  Dichloroethyl ether.....  .................  10                       10,000                      
149-74-6....  Dichloromethylphenylsila  .................  1,000                    1,000                       
               ne.                                                                                              
62-73-7.....  Dichlorvos..............  .................  10                       1,000                       
141-66-2....  Dicrotophos.............  .................  100                      100                         
1464-53-5...  Diepoxybutane...........  .................  10                       500                         
814-49-3....  Diethyl Chlorophosphate.  h                  500                      500                         
71-63-6.....  Digitoxin...............  c                  100                      100/10,000                  
2238-07-5...  Diglycidyl Ether........  .................  1,000                    1,000                       
20830-75-5..  Digoxin.................  h                  10                       10/10,000                   
115-26-4....  Dimefox.................  .................  500                      500                         

[[Page 31302]]

                                                                                                                
60-51-5.....  Dimethoate..............  .................  10                       500/10,000                  
2524-03-0...  Dimethyl                  .................  500                      500                         
               Phosphorochloridothioat                                                                          
               e.                                                                                               
77-78-1.....  Dimethyl sulfate........  .................  100                      500                         
75-78-5.....  Dimethyldichlorosilane..  h                  500                      500                         
57-14-7.....  Dimethylhydrazine.......  .................  10                       1,000                       
99-98-9.....  Dimethyl-p-               .................  10                       10/10,000                   
               Phenylenediamine.                                                                                
644-64-4....  Dimetilan...............  d                  1                        500/10,000                  
534-52-1....  Dinitrocresol...........  .................  10                       10/10,000                   
88-85-7.....  Dinoseb.................  .................  1,000                    100/10,000                  
1420-07-1...  Dinoterb................  .................  500                      500/10,000                  
78-34-2.....  Dioxathion..............  .................  500                      500                         
82-66-6.....  Diphacinone.............  .................  10                       10/10,000                   
152-16-9....  Diphosphoramide,          .................  100                      100                         
               Octamethyl-.                                                                                     
298-04-4....  Disulfoton..............  .................  1                        500                         
514-73-8....  Dithiazanine Iodide.....  .................  500                      500/10,000                  
541-53-7....  Dithiobiuret............  .................  100                      100/10,000                  
316-42-7....  Emetine, Dihydrochloride  h                  1                        1/10,000                    
115-29-7....  Endosulfan..............  .................  1                        10/10,000                   
2778-04-3...  Endothion...............  .................  500                      500/10,000                  
72-20-8.....  Endrin..................  .................  1                        500/10,000                  
106-89-8....  Epichlorohydrin.........  l                  100                      1,000                       
2104-64-5...  EPN.....................  .................  100                      100/10,000                  
50-14-6.....  Ergocalciferol..........  c                  1,000                    1,000/10,000                
379-79-3....  Ergotamine Tartrate.....  .................  500                      500/10,000                  
1622-32-8...  Ethanesulfonyl Chloride,  .................  500                      500                         
               2-Chloro-.                                                                                       
10140-87-1..  Ethanol, 1,2-Dichloro-,   .................  1,000                    1,000                       
               Acetate.                                                                                         
563-12-2....  Ethion..................  .................  10                       1,000                       
13194-48-4..  Ethoprophos.............  .................  1,000                    1,000                       
538-07-8....  Ethylbis(2-               h                  500                      500                         
               Chloroethyl)Amine.                                                                               
371-62-0....  Ethylene Fluorohydrin...  c, h               10                       10                          
75-21-8.....  Ethylene Oxide..........  l                  10                       1,000                       
107-15-3....  Ethylenediamine.........  .................  5,000                    10,000                      
151-56-4....  Ethyleneimine...........  .................  1                        500                         
542-90-5....  Ethylthiocyanate........  .................  10,000                   10,000                      
22224-92-6..  Fenamiphos..............  .................  10                       10/10,000                   
115-90-2....  Fensulfothion...........  h                  500                      500                         
4301-50-2...  Fluenetil...............  .................  100                      100/10,000                  
7782-41-4...  Fluorine................  k                  10                       500                         
640-19-7....  Fluoroacetamide.........  j                  100                      100/10,000                  
144-49-0....  Fluoroacetic Acid.......  .................  10                       10/10,000                   
359-06-8....  Fluoroacetyl Chloride...  c                  10                       10                          
51-21-8.....  Fluorouracil............  .................  500                      500/10,000                  
944-22-9....  Fonofos.................  .................  500                      500                         
50-00-0.....  Formaldehyde............  l                  100                      500                         
107-16-4....  Formaldehyde Cyanohydrin  h                  1,000                    1,000                       
23422-53-9..  Formetanate               d, h               1                        500/10,000                  
               Hydrochloride.                                                                                   
2540-82-1...  Formothion..............  .................  100                      100                         
17702-57-7..  Formparanate............  d                  1                        100/10,000                  
21548-32-3..  Fosthietan..............  .................  500                      500                         
3878-19-1...  Fuberidazole............  .................  100                      100/10,000                  
110-00-9....  Furan...................  .................  100                      500                         
13450-90-3..  Gallium Trichloride.....  .................  500                      500/10,000                  
77-47-4.....  Hexachlorocyclopentadien  h                  10                       100                         
               e.                                                                                               
4835-11-4...  Hexamethylenediamine,     .................  500                      500                         
               N,N'-Dibutyl-.                                                                                   
302-01-2....  Hydrazine...............  .................  1                        1,000                       
74-90-8.....  Hydrocyanic Acid........  .................  10                       100                         
7647-01-0...  Hydrogen Chloride (gas    l                  5,000                    500                         
               only).                                                                                           
7664-39-3...  Hydrogen Fluoride.......  .................  100                      100                         
7722-84-1...  Hydrogen Peroxide (Conc   l                  1,000                    1,000                       
               > 52%).                                                                                          
7783-07-5...  Hydrogen Selenide.......  .................  10                       10                          
7783-06-4...  Hydrogen Sulfide........  l                  100                      500                         
123-31-9....  Hydroquinone............  l                  100                      500/10,000                  
13463-40-6..  Iron, Pentacarbonyl-....  .................  100                      100                         
297-78-9....  Isobenzan...............  .................  100                      100/10,000                  
78-82-0.....  Isobutyronitrile........  h                  1,000                    1,000                       
102-36-3....  Isocyanic Acid, 3,4-      .................  500                      500/10,000                  
               Dichlorophenyl Ester.                                                                            
465-73-6....  Isodrin.................  .................  1                        100/10,000                  
55-91-4.....  Isofluorphate...........  c                  100                      100                         

[[Page 31303]]

                                                                                                                
4098-71-9...  Isophorone Diisocyanate.  .................  100                      100                         
108-23-6....  Isopropyl Chloroformate.  .................  1,000                    1,000                       
119-38-0....  Isopropylmethylpyrazolyl  d                  1                        500                         
               Dimethylcarbamate.                                                                               
78-97-7.....  Lactonitrile............  .................  1,000                    1,000                       
21609-90-5..  Leptophos...............  .................  500                      500/10,000                  
541-25-3....  Lewisite................  c, h               10                       10                          
58-89-9.....  Lindane.................  .................  1                        1,000/10,000                
7580-67-8...  Lithium Hydride.........  b                  100                      100                         
109-77-3....  Malononitrile...........  .................  1,000                    500/10,000                  
12108-13-3..  Manganese, Tricarbonyl    h                  100                      100                         
               Methylcyclopentadienyl.                                                                          
51-75-2.....  Mechlorethamine.........  c                  10                       10                          
950-10-7....  Mephosfolan.............  .................  500                      500                         
1600-27-7...  Mercuric Acetate........  .................  500                      500/10,000                  
7487-94-7...  Mercuric Chloride.......  .................  500                      500/10,000                  
21908-53-2..  Mercuric Oxide..........  .................  500                      500/10,000                  
10476-95-6..  Methacrolein Diacetate..  .................  1,000                    1,000                       
760-93-0....  Methacrylic Anhydride...  .................  500                      500                         
126-98-7....  Methacrylonitrile.......  h                  1,000                    500                         
920-46-7....  Methacryloyl Chloride...  .................  100                      100                         
30674-80-7..  Methacryloyloxyethyl      h                  100                      100                         
               Isocyanate.                                                                                      
10265-92-6..  Methamidophos...........  .................  100                      100/10,000                  
558-25-8....  Methanesulfonyl Fluoride  .................  1,000                    1,000                       
950-37-8....  Methidathion............  .................  500                      500/10,000                  
2032-65-7...  Methiocarb..............  .................  10                       500/10,000                  
16752-77-5..  Methomyl................  h                  100                      500/10,000                  
151-38-2....  Methoxyethylmercuric      .................  500                      500/10,000                  
               Acetate.                                                                                         
80-63-7.....  Methyl 2-Chloroacrylate.  .................  500                      500                         
74-83-9.....  Methyl Bromide..........  l                  1,000                    1,000                       
79-22-1.....  Methyl Chloroformate....  h                  1,000                    500                         
60-34-4.....  Methyl Hydrazine........  .................  10                       500                         
624-83-9....  Methyl Isocyanate.......  .................  10                       500                         
556-61-6....  Methyl Isothiocyanate...  b                  500                      500                         
74-93-1.....  Methyl Mercaptan........  l                  100                      500                         
3735-23-7...  Methyl Phenkapton.......  .................  500                      500                         
676-97-1....  Methyl Phosphonic         b                  100                      100                         
               Dichloride.                                                                                      
556-64-9....  Methyl Thiocyanate......  .................  10,000                   10,000                      
78-94-4.....  Methyl Vinyl Ketone.....  .................  10                       10                          
502-39-6....  Methylmercuric            .................  500                      500/10,000                  
               Dicyanamide.                                                                                     
75-79-6.....  Methyltrichlorosilane...  h                  500                      500                         
1129-41-5...  Metolcarb...............  d                  1                        100/10,000                  
7786-34-7...  Mevinphos...............  .................  10                       500                         
315-18-4....  Mexacarbate.............  .................  1,000                    500/10,000                  
50-07-7.....  Mitomycin C.............  .................  10                       500/10,000                  
6923-22-4...  Monocrotophos...........  .................  10                       10/10,000                   
2763-96-4...  Muscimol................  .................  1,000                    500/10,000                  
505-60-2....  Mustard Gas.............  h                  500                      500                         
13463-39-3..  Nickel Carbonyl.........  .................  10                       1                           
54-11-5.....  Nicotine................  c                  100                      100                         
65-30-5.....  Nicotine Sulfate........  .................  100                      100/10,000                  
7697-37-2...  Nitric Acid.............  .................  1,000                    1,000                       
10102-43-9..  Nitric Oxide............  c                  10                       100                         
98-95-3.....  Nitrobenzene............  l                  1,000                    10,000                      
1122-60-7...  Nitrocyclohexane........  .................  500                      500                         
10102-44-0..  Nitrogen Dioxide........  .................  10                       100                         
62-75-9.....  Nitrosodimethylamine....  h                  10                       1,000                       
991-42-4....  Norbormide..............  .................  100                      100/10,000                  
0...........  Organorhodium Complex     .................  10                       10/10,000                   
               (PMN-82-147).                                                                                    
630-60-4....  Ouabain.................  c                  100                      100/10,000                  
23135-22-0..  Oxamyl..................  d                  1                        100/10,000                  
78-71-7.....  Oxetane, 3,3-             .................  500                      500                         
               Bis(Chloromethyl)-.                                                                              
2497-07-6...  Oxydisulfoton...........  h                  500                      500                         
10028-15-6..  Ozone...................  .................  100                      100                         
1910-42-5...  Paraquat Dichloride.....  .................  10                       10/10,000                   
2074-50-2...  Paraquat Methosulfate...  .................  10                       10/10,000                   
56-38-2.....  Parathion...............  c                  10                       100                         
298-00-0....  Parathion-Methyl........  c                  100                      100/10,000                  
12002-03-8..  Paris Green.............  .................  1                        500/10,000                  
19624-22-7..  Pentaborane.............  .................  500                      500                         

[[Page 31304]]

                                                                                                                
2570-26-5...  Pentadecylamine.........  .................  100                      100/10,000                  
79-21-0.....  Peracetic Acid..........  .................  500                      500                         
594-42-3....  Perchloromethylmercaptan  .................  100                      500                         
108-95-2....  Phenol..................  .................  1,000                    500/10,000                  
4418-66-0...  Phenol, 2,2'-Thiobis(4-   .................  100                      100/10,000                  
               Chloro-6-Methyl)-.                                                                               
64-00-6.....  Phenol, 3-(1-             d                  1                        500/10,000                  
               Methylethyl)-,                                                                                   
               Methylcarbamate.                                                                                 
58-36-6.....  Phenoxarsine, 10,10'-     .................  500                      500/10,000                  
               Oxydi-.                                                                                          
696-28-6....  Phenyl Dichloroarsine...  h                  1                        500                         
59-88-1.....  Phenylhydrazine           .................  1,000                    1,000/10,000                
               Hydrochloride.                                                                                   
62-38-4.....  Phenylmercury Acetate...  .................  100                      500/10,000                  
2097-19-0...  Phenylsilatrane.........  h                  100                      100/10,000                  
103-85-5....  Phenylthiourea..........  .................  100                      100/10,000                  
298-02-2....  Phorate.................  .................  10                       10                          
4104-14-7...  Phosacetim..............  .................  100                      100/10,000                  
947-02-4....  Phosfolan...............  .................  100                      100/10,000                  
75-44-5.....  Phosgene................  l                  10                       10                          
732-11-6....  Phosmet.................  .................  10                       10/10,000                   
13171-21-6..  Phosphamidon............  .................  100                      100                         
7803-51-2...  Phosphine...............  .................  100                      500                         
2703-13-1...  Phosphonothioic Acid,     .................  500                      500                         
               Methyl-, O-Ethyl O-(4-                                                                           
               (Methylthio) Phenyl)                                                                             
               Ester.                                                                                           
50782-69-9..  Phosphonothioic Acid,     .................  100                      100                         
               Methyl-, S-(2-                                                                                   
               (Bis(1Methylethyl)Amino                                                                          
               )Ethyl) O-Ethyl Ester.                                                                           
2665-30-7...  Phosphonothioic Acid,     .................  500                      500                         
               Methyl-, O-(4-                                                                                   
               Nitrophenyl) O-Phenyl                                                                            
               Ester.                                                                                           
3254-63-5...  Phosphoric Acid,          .................  500                      500                         
               Dimethyl 4-                                                                                      
               (Methylthio)Phenyl                                                                               
               Ester.                                                                                           
2587-90-8...  Phosphorothioic Acid,     c, g               500                      500                         
               O,O-Dimethyl-S-(2-                                                                               
               Methylthio) Ethyl Ester.                                                                         
7723-14-0...  Phosphorus..............  b, h               1                        100                         
10025-87-3..  Phosphorus Oxychloride..  .................  1,000                    500                         
10026-13-8..  Phosphorus Pentachloride  b                  500                      500                         
7719-12-2...  Phosphorus Trichloride..  .................  1,000                    1,000                       
57-47-6.....  Physostigmine...........  d                  1                        100/10,000                  
57-64-7.....  Physostigmine,            d                  1                        100/10,000                  
               Salicylate (1:1).                                                                                
124-87-8....  Picrotoxin..............  .................  500                      500/10,000                  
110-89-4....  Piperidine..............  .................  1,000                    1,000                       
23505-41-1..  Pirimifos-Ethyl.........  .................  1,000                    1,000                       
10124-50-2..  Potassium Arsenite......  .................  1                        500/10,000                  
151-50-8....  Potassium Cyanide.......  b                  10                       100                         
506-61-6....  Potassium Silver Cyanide  b                  1                        500                         
2631-37-0...  Promecarb...............  d, h               1                        500/10,000                  
106-96-7....  Propargyl Bromide.......  .................  10                       10                          
57-57-8.....  Propiolactone, Beta-....  .................  10                       500                         
107-12-0....  Propionitrile...........  .................  10                       500                         
542-76-7....  Propionitrile, 3-Chloro-  .................  1,000                    1,000                       
70-69-9.....  Propiophenone, 4-Amino-.  g                  100                      100/10,000                  
109-61-5....  Propyl Chloroformate....  .................  500                      500                         
75-56-9.....  Propylene Oxide.........  l                  100                      10,000                      
75-55-8.....  Propyleneimine..........  .................  1                        10,000                      
2275-18-5...  Prothoate...............  .................  100                      100/10,000                  
129-00-0....  Pyrene..................  c                  5,000                    1,000/10,000                
140-76-1....  Pyridine, 2-Methyl-5-     .................  500                      500                         
               Vinyl-.                                                                                          
504-24-5....  Pyridine, 4-Amino-......  h                  1,000                    500/10,000                  
1124-33-0...  Pyridine, 4-Nitro-,l-     .................  500                      500/10,000                  
               Oxide.                                                                                           
53558-25-1..  Pyriminil...............  h                  100                      100/10,000                  
14167-18-1..  Salcomine...............  .................  500                      500/10,000                  
107-44-8....  Sarin...................  h                  10                       10                          
7783-00-8...  Selenious Acid..........  .................  10                       1,000/10,000                
7791-23-3...  Selenium Oxychloride....  .................  500                      500                         
563-41-7....  Semicarbazide             .................  1,000                    1,000/10,000                
               Hydrochloride.                                                                                   
3037-72-7...  Silane, (4-               .................  1,000                    1,000                       
               Aminobutyl)Diethoxymeth                                                                          
               yl-.                                                                                             
7631-89-2...  Sodium Arsenate.........  .................  1                        1,000/10,000                
7784-46-5...  Sodium Arsenite.........  .................  1                        500/10,000                  
26628-22-8..  Sodium Azide (Na(N<INF>3))...  b                  1,000                    500                         
124-65-2....  Sodium Cacodylate.......  .................  100                      100/10,000                  
143-33-9....  Sodium Cyanide (Na(CN)).  b                  10                       100                         
62-74-8.....  Sodium Fluoroacetate....  .................  10                       10/10,000                   
13410-01-0..  Sodium Selenate.........  .................  100                      100/10,000                  
10102-18-8..  Sodium Selenite.........  h                  100                      100/10,000                  
10102-20-2..  Sodium Tellurite........  .................  500                      500/10,000                  
900-95-8....  Stannane,                 g                  500                      500/10,000                  
               Acetoxytriphenyl-.                                                                               
57-24-9.....  Strychnine..............  c                  10                       100/10,000                  

[[Page 31305]]

                                                                                                                
60-41-3.....  Strychnine Sulfate......  .................  10                       100/10,000                  
3689-24-5...  Sulfotep................  .................  100                      500                         
3569-57-1...  Sulfoxide, 3-             .................  500                      500                         
               Chloropropyl Octyl.                                                                              
7446-09-5...  Sulfur Dioxide..........  1                  500                      500                         
7783-60-0...  Sulfur Tetrafluoride....  .................  100                      100                         
7446-11-9...  Sulfur Trioxide.........  b                  100                      100                         
7664-93-9...  Sulfuric Acid...........  .................  1,000                    1,000                       
77-81-6.....  Tabun...................  c, h               10                       10                          
7783-80-4...  Tellurium Hexafluoride..  k                  100                      100                         
107-49-3....  TEPP....................  .................  10                       100                         
13071-79-9..  Terbufos................  h                  100                      100                         
78-00-2.....  Tetraethyllead..........  c                  10                       100                         
597-64-8....  Tetraethyltin...........  c                  100                      100                         
75-74-1.....  Tetramethyllead.........  c, 1               100                      100                         
509-14-8....  Tetranitromethane.......  .................  10                       500                         
10031-59-1..  Thallium Sulfate........  h                  100                      100/10,000                  
6533-73-9...  Thallous Carbonate......  c, h               100                      100/10,000                  
7791-12-0...  Thallous Chloride.......  c, h               100                      100/10,000                  
2757-18-8...  Thallous Malonate.......  c, h               100                      100/10,000                  
7446-18-6...  Thallous Sulfate........  .................  100                      100/10,000                  
2231-57-4...  Thiocarbazide...........  .................  1,000                    1,000/10,000                
39196-18-4..  Thiofanox...............  .................  100                      100/10,000                  
297-97-2....  Thionazin...............  .................  100                      500                         
108-98-5....  Thiophenol..............  .................  100                      500                         
79-19-6.....  Thiosemicarbazide.......  .................  100                      100/10,000                  
5344-82-1...  Thiourea, (2-             .................  100                      100/10,000                  
               Chlorophenyl)-.                                                                                  
614-78-8....  Thiourea, (2-             .................  500                      500/10,000                  
               Methylphenyl)-.                                                                                  
7550-45-0...  Titanium Tetrachloride..  .................  1,000                    100                         
584-84-9....  Toluene 2,4-Diisocyanate  .................  100                      500                         
91-08-7.....  Toluene 2,6-Diisocyanate  .................  100                      100                         
110-57-6....  Trans-1,4-Dichlorobutene  .................  500                      500                         
1031-47-6...  Triamiphos..............  .................  500                      500/10,000                  
24017-47-8..  Triazofos...............  .................  500                      500                         
76-02-8.....  Trichloroacetyl Chloride  .................  500                      500                         
115-21-9....  Trichloroethylsilane....  h                  500                      500                         
327-98-0....  Trichloronate...........  k                  500                      500                         
98-13-5.....  Trichlorophenylsilane...  h                  500                      500                         
1558-25-4...  Trichloro(Chloromethyl)S  .................  100                      100                         
               ilane.                                                                                           
27137-85-5..  Trichloro(Dichlorophenyl  .................  500                      500                         
               ) Silane.                                                                                        
998-30-1....  Triethoxysilane.........  .................  500                      500                         
75-77-4.....  Trimethylchlorosilane...  .................  1,000                    1,000                       
824-11-3....  Trimethylolpropane        h                  100                      100/10,000                  
               Phosphite.                                                                                       
1066-45-1...  Trimethyltin Chloride...  .................  500                      500/10,000                  
639-58-7....  Triphenyltin Chloride...  .................  500                      500/10,000                  
555-77-1....  Tris(2-Chloroethyl)Amine  h                  100                      100                         
2001-95-8...  Valinomycin.............  c                  1,000                    1,000/10,000                
1314-62-1...  Vanadium Pentoxide......  .................  1,000                    100/10,000                  
108-05-4....  Vinyl Acetate Monomer...  1                  5,000                    1,000                       
81-81-2.....  Warfarin................  .................  100                      500/10,000                  
129-06-6....  Warfarin Sodium.........  h                  100                      100/10,000                  
28347-13-9..  Xylylene Dichloride.....  .................  100                      100/10,000                  
58270-08-9..  Zinc, Dichloro(4,4-       .................  100                      100/10,000                  
               Dimethyl-                                                                                        
               5((((Methylamino)Carbon                                                                          
               yl)                                                                                              
               Oxy)Imino)Pentanenitril                                                                          
               e)-, (T-4)-.                                                                                     
1314-84-7...  Zinc Phosphide..........  b                  100                      500                         
----------------------------------------------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40 CFR table 302.4.                        
Notes:                                                                                                          
a This chemical does not meet acute toxicity criteria. Its TPQ is set at 10,000 pounds.                         
b This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten,      
  nonsolution form.                                                                                             
c The calculated TPQ changed after technical review as described in the technical support document.             
d Indicates that the RQ is subject to change when the assessment of potential carcinogenicity and/or other      
  toxicity is completed.                                                                                        
e Statutory reportable quantity for purposes of notification under SARA sect 304(a)(2).                         
f [Reserved]                                                                                                    
g New chemicals added that were not part of the original list of 402 substances.                                
h Revised TPQ based on new or re-evaluated toxicity data.                                                       
j TPQ is revised to its calculated value and does not change due to technical review as in proposed rule.       
k The TPQ was revised after proposal due to calculation error.                                                  
l Chemicals on the original list that do not meet toxicity criteria but because of their high production volume 
  and recognized toxicity are considered chemicals of concern (``Other chemicals'').                            


[[Page 31306]]


   Appendix B to Part 355.--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities  
                                               [CAS Number Order]                                               
----------------------------------------------------------------------------------------------------------------
                                                            Reportable quantity *    Threshold planning quantity
   CAS No.          Chemical name             Notes                (pounds)                   (pounds)          
----------------------------------------------------------------------------------------------------------------
0...........  Organorhodium Complex     .................  10                       10/10,000                   
               (PMN-82-147).                                                                                    
50-00-0.....  Formaldehyde............  l                  100                      500                         
50-07-7.....  Mitomycin C.............  .................  10                       500/10,000                  
50-14-6.....  Ergocalciferol..........  c                  1,000                    1,000/10,000                
51-21-8.....  Fluorouracil............  .................  500                      500/10,000                  
51-75-2.....  Mechlorethaminec........  c                  10                       10                          
51-83-2.....  Carbachol Chloride......  .................  500                      500/10,000                  
54-11-5.....  Nicotine................  c                  100                      100                         
54-62-6.....  Aminopterin.............  .................  500                      500/10,000                  
55-91-4.....  Isofluorphate...........  c                  100                      100                         
56-25-7.....  Cantharidin.............  .................  100                      100/10,000                  
56-38-2.....  Parathion...............  c                  10                       100                         
56-72-4.....  Coumaphos...............  .................  10                       100/10,000                  
57-14-7.....  Dimethylhydrazine.......  .................  10                       1,000                       
57-24-9.....  Strychnine..............  c                  10                       100/10,000                  
57-47-6.....  Physostigmine...........  d                  1                        100/10,000                  
57-57-8.....  Propiolactone, Beta-....  .................  10                       500                         
57-64-7.....  Physostigmine,            d                  1                        100/10,000                  
               Salicylate (1:1).                                                                                
57-74-9.....  Chlordane...............  .................  1                        1,000                       
58-36-6.....  Phenoxarsine, 10,10'-     .................  500                      500/10,000                  
               Oxydi-.                                                                                          
58-89-9.....  Lindane.................  .................  1                        1,000/10,000                
59-88-1.....  Phenylhydrazine           .................  1,000                    1,000/10,000                
               Hydrochloride.                                                                                   
60-34-4.....  Methyl Hydrazine........  .................  10                       500                         
60-41-3.....  Strychnine sulfate......  .................  10                       100/10,000                  
60-51-5.....  Dimethoate..............  .................  10                       500/10,000                  
62-38-4.....  Phenylmercury Acetate...  .................  100                      500/10,000                  
62-53-3.....  Aniline.................  l                  5,000                    1,000                       
62-73-7.....  Dichlorvos..............  .................  10                       1,000                       
62-74-8.....  Sodium Fluoroacetate....  .................  10                       10/10,000                   
62-75-9.....  Nitrosodimethylamine....  h                  10                       1,000                       
64-00-6.....  Phenol, 3-(1-             d                  1                        500/10,000                  
               Methylethyl)-,                                                                                   
               Methylcarbamate.                                                                                 
64-86-8.....  Colchicine..............  h                  10                       10/10,000                   
65-30-5.....  Nicotine sulfate........  .................  100                      100/10,000                  
66-81-9.....  Cycloheximide...........  .................  100                      100/10,000                  
67-66-3.....  Chloroform..............  l                  10                       10,000                      
70-69-9.....  Propiophenone, 4-Amino-.  g                  100                      100/10,000                  
71-63-6.....  Digitoxin...............  c                  100                      100/10,000                  
72-20-8.....  Endrin..................  .................  1                        500/10,000                  
74-83-9.....  Methyl Bromide..........  l                  1,000                    1,000                       
74-90-8.....  Hydrocyanic Acid........  .................  10                       100                         
74-93-1.....  Methyl Mercaptan........  l                  100                      500                         
75-15-0.....  Carbon Disulfide........  l                  100                      10,000                      
75-21-8.....  Ethylene Oxide..........  l                  10                       1,000                       
75-44-5.....  Phosgene................  l                  10                       10                          
75-55-8.....  Propyleneimine..........  .................  1                        10,000                      
75-56-9.....  Propylene Oxide.........  l                  100                      10,000                      
75-74-1.....  Tetramethyllead.........  c, l               100                      100                         
75-77-4.....  Trimethylchlorosilane...  .................  1,000                    1,000                       
75-78-5.....  Dimethyldichlorosilane..  h                  500                      500                         
75-79-6.....  Methyltrichlorosilane...  h                  500                      500                         
75-86-5.....  Acetone Cyanohydrin.....  .................  10                       1,000                       
76-02-8.....  Trichloroacetyl Chloride  .................  500                      500                         
77-47-4.....  Hexachlorocyclopentadien  h                  10                       100                         
               e.                                                                                               
77-78-1.....  Dimethyl Sulfate........  .................  100                      500                         
77-81-6.....  Tabun...................  c, h               10                       10                          
78-00-2.....  Tetraethyllead..........  c                  10                       100                         
78-34-2.....  Dioxathion..............  .................  500                      500                         
78-53-5.....  Amiton..................  .................  500                      500                         
78-71-7.....  Oxetane, 3,3-             .................  500                      500                         
               Bis(Chloromethyl)-.                                                                              
78-82-0.....  Isobutyronitrile........  h                  1,000                    1,000                       
78-94-4.....  Methyl Vinyl Ketone.....  .................  10                       10                          
78-97-7.....  Lactonitrile............  .................  1,000                    1,000                       
79-06-1.....  Acrylamide..............  l                  5,000                    1,000/10,000                
79-11-8.....  Chloroacetic Acid.......  .................  100                      100/10,000                  
79-19-6.....  Thiosemicarbazide.......  .................  100                      100/10,000                  
79-21-0.....  Peracetic Acid..........  .................  500                      500                         
79-22-1.....  Methyl Chloroformate....  h                  1,000                    500                         
80-63-7.....  Methyl 2-Chloroacrylate.  .................  500                      500                         

[[Page 31307]]

                                                                                                                
81-81-2.....  Warfarin................  .................  100                      500/10,000                  
82-66-6.....  Diphacinone.............  .................  10                       10/10,000                   
86-50-0.....  Azinphos-Methyl.........  .................  1                        10/10,000                   
86-88-4.....  ANTU....................  .................  100                      500/10,000                  
88-05-1.....  Aniline, 2,4,6-Trimethyl- .................  500                      500                         
               .                                                                                                
88-85-7.....  Dinoseb.................  .................  1,000                    100/10,000                  
91-08-7.....  Toluene 2,6-Diisocyanate  .................  100                      100                         
95-48-7.....  Cresol, o-..............  .................  100                      1,000/10,000                
98-05-5.....  Benzenearsonic Acid.....  .................  10                       10/10,000                   
98-07-7.....  Benzotrichloride........  .................  10                       100                         
98-13-5.....  Trichlorophenylsilane...  h                  500                      500                         
98-16-8.....  Benzenamine, 3-           .................  500                      500                         
               (Trifluoromethyl)-.                                                                              
98-87-3.....  Benzal Chloride.........  .................  5,000                    500                         
98-95-3.....  Nitrobenzene............  l                  1,000                    10,000                      
99-98-9.....  Dimethyl-p-               .................  10                       10/10,000                   
               Phenylenediamine.                                                                                
100-14-1....  Benzene, 1-               .................  500                      500/10,000                  
               (Chloromethyl)-4-Nitro-.                                                                         
100-44-7....  Benzyl Chloride.........  .................  100                      500                         
102-36-3....  Isocyanic Acid, 3,4-      .................  500                      500/10,000                  
               Dichlorophenyl Ester.                                                                            
103-85-5....  Phenylthiourea..........  .................  100                      100/10,000                  
106-89-8....  Epichlorohydrin.........  l                  100                      1,000                       
106-96-7....  Propargyl Bromide.......  .................  10                       10                          
107-02-8....  Acrolein................  .................  1                        500                         
107-07-3....  Chloroethanol...........  .................  500                      500                         
107-11-9....  Allylamine..............  .................  500                      500                         
107-12-0....  Propionitrile...........  .................  10                       500                         
107-13-1....  Acrylonitrile...........  l                  100                      10,000                      
107-15-3....  Ethylenediamine.........  .................  5,000                    10,000                      
107-16-4....  Formaldehyde Cyanohydrin  h                  1,000                    1,000                       
107-18-6....  Allyl Alcohol...........  .................  100                      1,000                       
107-30-2....  Chloromethyl Methyl       c                  10                       100                         
               Ether.                                                                                           
107-44-8....  Sarin...................  h                  10                       10                          
107-49-3....  TEPP....................  .................  10                       100                         
108-05-4....  Vinyl Acetate Monomer...  l                  5,000                    1,000                       
108-23-6....  Isopropyl Chloroformate.  .................  1,000                    1,000                       
108-91-8....  Cyclohexylamine.........  l                  10,000                   10,000                      
108-95-2....  Phenol..................  .................  1,000                    500/10,000                  
108-98-5....  Thiophenol..............  .................  100                      500                         
109-61-5....  Propyl Chloroformate....  .................  500                      500                         
109-77-3....  Malononitrile...........  .................  1,000                    500/10,000                  
110-00-9....  Furan...................  .................  100                      500                         
110-57-6....  Trans-1,4-Dichlorobutene  .................  500                      500                         
110-89-4....  Piperidine..............  .................  1,000                    1,000                       
111-44-4....  Dichloroethyl Ether.....  .................  10                       10,000                      
111-69-3....  Adiponitrile............  l                  1,000                    1,000                       
115-21-9....  Trichloroethylsilane....  h                  500                      500                         
115-26-4....  Dimefox.................  .................  500                      500                         
115-29-7....  Endosulfan..............  .................  1                        10/10,000                   
115-90-2....  Fensulfothion...........  h                  500                      500                         
116-06-3....  Aldicarb................  c                  1                        100/10,000                  
119-38-0....  Isopropylmethylpyrazolyl  d                  1                        500                         
               Dimethylcarbamate.                                                                               
123-31-9....  Hydroquinone............  l                  100                      500/10,000                  
123-73-9....  Crotonaldehyde, (E)-....  .................  100                      1,000                       
124-65-2....  Sodium Cacodylate.......  .................  100                      100/10,000                  
124-87-8....  Picrotoxin..............  .................  500                      500/10,000                  
126-98-7....  Methacrylonitrile.......  h                  1,000                    500                         
129-00-0....  Pyrene..................  c                  5,000                    1,000/10,000                
129-06-6....  Warfarin Sodium.........  h                  100                      100/10,000                  
140-29-4....  Benzyl Cyanide..........  h                  500                      500                         
140-76-1....  Pyridine, 2-Methyl-5-     .................  500                      500                         
               Vinyl-.                                                                                          
141-66-2....  Dicrotophos.............  .................  100                      100                         
143-33-9....  Sodium Cyanide (Na(CN)).  b                  10                       100                         
144-49-0....  Fluoroacetic Acid.......  .................  10                       10/10,000                   
149-74-6....  Dichloromethylphenylsila  .................  1,000                    1,000                       
               ne.                                                                                              
151-38-2....  Methoxyethylmercuric      .................  500                      500/10,000                  
               Acetate.                                                                                         
151-50-8....  Potassium Cyanide.......  b                  10                       100                         
151-56-4....  Ethyleneimine...........  .................  1                        500                         
152-16-9....  Diphosphoramide,          .................  100                      100                         
               Octamethyl-.                                                                                     
297-78-9....  Isobenzan...............  .................  100                      100/10,000                  

[[Page 31308]]

                                                                                                                
297-97-2....  Thionazin...............  .................  100                      500                         
298-00-0....  Parathion-Methyl........  c                  100                      100/10,000                  
298-02-2....  Phorate.................  .................  10                       10                          
298-04-4....  Disulfoton..............  .................  1                        500                         
300-62-9....  Amphetamine.............  .................  1,000                    1,000                       
302-01-2....  Hydrazine...............  .................  1                        1,000                       
309-00-2....  Aldrin..................  .................  1                        500/10,000                  
315-18-4....  Mexacarbate.............  .................  1,000                    500/10,000                  
316-42-7....  Emetine, Dihydrochloride  h                  1                        1/10,000                    
327-98-0....  Trichloronate...........  k                  500                      500                         
353-42-4....  Boron Trifluoride         .................  1,000                    1,000                       
               Compound With Methyl                                                                             
               Ether (1:1).                                                                                     
359-06-8....  Fluoroacetyl Chloride...  c                  10                       10                          
371-62-0....  Ethylene Fluorohydrin...  c, h               10                       10                          
379-79-3....  Ergotamine Tartrate.....  .................  500                      500/10,000                  
465-73-6....  Isodrin.................  .................  1                        100/10,000                  
470-90-6....  Chlorfenvinfos..........  .................  500                      500                         
502-39-6....  Methylmercuric            .................  500                      500/10,000                  
               Dicyanamide.                                                                                     
504-24-5....  Pyridine, 4-Amino-......  h                  1,000                    500/10,000                  
505-60-2....  Mustard Gas.............  h                  500                      500                         
506-61-6....  Potassium Silver Cyanide  b                  1                        500                         
506-68-3....  Cyanogen Bromide........  .................  1,000                    500/10,000                  
506-78-5....  Cyanogen Iodide.........  .................  1,000                    1,000/10,000                
509-14-8....  Tetranitromethane.......  .................  10                       500                         
514-73-8....  Dithiazanine Iodide.....  .................  500                      500/10,000                  
534-07-6....  Bis(Chloromethyl) Ketone  .................  10                       10/10,000                   
534-52-1....  Dinitrocresol...........  .................  10                       10/10,000                   
535-89-7....  Crimidine...............  .................  100                      100/10,000                  
538-07-8....  Ethylbis(2-               h                  500                      500                         
               Chloroethyl)Amine.                                                                               
541-25-3....  Lewisite................  c, h               10                       10                          
541-53-7....  Dithiobiuret............  .................  100                      100/10,000                  
542-76-7....  Propionitrile, 3-Chloro-  .................  1,000                    1,000                       
542-88-1....  Chloromethyl Ether......  h                  10                       100                         
542-90-5....  Ethylthiocyanate........  .................  10,000                   10,000                      
555-77-1....  Tris(2-Chloroethyl)Amine  h                  100                      100                         
556-61-6....  Methyl Isothiocyanate...  b                  500                      500                         
556-64-9....  Methyl Thiocyanate......  .................  10,000                   10,000                      
558-25-8....  Methanesulfonyl Fluoride  .................  1,000                    1,000                       
563-12-2....  Ethion..................  .................  10                       1,000                       
563-41-7....  Semicarbazide             .................  1,000                    1,000/10,000                
               Hydrochloride.                                                                                   
584-84-9....  Toluene 2,4-Diisocyanate  .................  100                      500                         
594-42-3....  Perchloromethylmercaptan  .................  100                      500                         
597-64-8....  Tetraethyltin...........  c                  100                      100                         
614-78-8....  Thiourea, (2-             .................  500                      500/10,000                  
               Methylphenyl)-.                                                                                  
624-83-9....  Methyl Isocyanate.......  .................  10                       500                         
627-11-2....  Chloroethyl               .................  1,000                    1,000                       
               Chloroformate.                                                                                   
630-60-4....  Ouabain.................  c                  100                      100/10,000                  
639-58-7....  Triphenyltin Chloride...  .................  500                      500/10,000                  
640-19-7....  Fluoroacetamide.........  j                  100                      100/10,000                  
644-64-4....  Dimetilan...............  d                  1                        500/10,000                  
675-14-9....  Cyanuric Fluoride.......  .................  100                      100                         
676-97-1....  Methyl Phosphonic         b                  100                      100                         
               Dichloride.                                                                                      
696-28-6....  Phenyl Dichloroarsine...  h                  1                        500                         
732-11-6....  Phosmet.................  .................  10                       10/10,000                   
760-93-0....  Methacrylic Anhydride...  .................  500                      500                         
786-19-6....  Carbophenothion.........  .................  500                      500                         
814-49-3....  Diethyl Chlorophosphate.  h                  500                      500                         
814-68-6....  Acrylyl Chloride........  h                  100                      100                         
824-11-3....  Trimethylolpropane        h                  100                      100/10,000                  
               Phosphite.                                                                                       
900-95-8....  Stannane,                 g                  500                      500/10,000                  
               Acetoxytriphenyl-.                                                                               
919-86-8....  Demeton-S-Methyl........  .................  500                      500                         
920-46-7....  Methacryloyl Chloride...  .................  100                      100                         
944-22-9....  Fonofos.................  .................  500                      500                         
947-02-4....  Phosfolan...............  .................  100                      100/10,000                  
950-10-7....  Mephosfolan.............  .................  500                      500                         
950-37-8....  Methidathion............  .................  500                      500/10,000                  
991-42-4....  Norbormide..............  .................  100                      100/10,000                  
998-30-1....  Triethoxysilane.........  .................  500                      500                         
999-81-5....  Chlormequat Chloride....  h                  100                      100/10,000                  

[[Page 31309]]

                                                                                                                
1031-47-6...  Triamiphos..............  .................  500                      500/10,000                  
1066-45-1...  Trimethyltin Chloride...  .................  500                      500/10,000                  
1122-60-7...  Nitrocyclohexane........  .................  500                      500                         
1124-33-0...  Pyridine, 4-Nitro-,1-     .................  500                      500/10,000                  
               Oxide.                                                                                           
1129-41-5...  Metolcarb...............  d                  1                        100/10,000                  
1303-28-2...  Arsenic Pentoxide.......  .................  1                        100/10,000                  
1306-19-0...  Cadmium Oxide...........  .................  100                      100/10,000                  
1314-62-1...  Vanadium Pentoxide......  .................  1,000                    100/10,000                  
1314-84-7...  Zinc Phosphide..........  b                  100                      500                         
1327-53-3...  Arsenous Oxide..........  h                  1                        100/10,000                  
1397-94-0...  Antimycin A.............  c                  1,000                    1,000/10,000                
1420-07-1...  Dinoterb................  .................  500                      500/10,000                  
1464-53-5...  Diepoxybutane...........  .................  10                       500                         
1558-25-4...  Trichloro(Chloromethyl)S  .................  100                      100                         
               ilane.                                                                                           
1563-66-2...  Carbofuran..............  .................  10                       10/10,000                   
1600-27-7...  Mercuric Acetate........  .................  500                      500/10,000                  
1622-32-8...  Ethanesulfonyl Chloride,  .................  500                      500                         
               2-Chloro-.                                                                                       
1752-30-3...  Acetone                   .................  1,000                    1,000/10,000                
               Thiosemicarbazide.                                                                               
1910-42-5...  Paraquat Dichloride.....  .................  10                       10/10,000                   
1982-47-4...  Chloroxuron.............  .................  500                      500/10,000                  
2001-95-8...  Valinomycin.............  c                  1,000                    1,000/10,000                
2032-65-7...  Methiocarb..............  .................  10                       500/10,000                  
2074-50-2...  Paraquat Methosulfate...  .................  10                       10/10,000                   
2097-19-0...  Phenylsilatrane.........  h                  100                      100/10,000                  
2104-64-5...  EPN.....................  .................  100                      100/10,000                  
2223-93-0...  Cadmium Stearate........  c                  1,000                    1,000/10,000                
2231-57-4...  Thiocarbazide...........  .................  1,000                    1,000/10,000                
2238-07-5...  Diglycidyl Ether........  .................  1,000                    1,000                       
2275-18-5...  Prothoate...............  .................  100                      100/10,000                  
2497-07-6...  Oxydisulfoton...........  h                  500                      500                         
2524-03-0...  Dimethyl                  .................  500                      500                         
               Phosphorochloridothioat                                                                          
               e.                                                                                               
2540-82-1...  Formothion..............  .................  100                      100                         
2570-26-5...  Pentadecylamine.........  .................  100                      100/10,000                  
2587-90-8...  Phosphorothioic Acid,     c, g               500                      500                         
               O,O-Dimethyl-S-(2-                                                                               
               Methylthio) Ethyl Ester.                                                                         
2631-37-0...  Promecarb...............  d, h               1                        500/10,000                  
2636-26-2...  Cyanophos...............  .................  1,000                    1,000                       
2642-71-9...  Azinphos-Ethyl..........  .................  100                      100/10,000                  
2665-30-7...  Phosphonothioic Acid,     .................  500                      500                         
               Methyl-, O-(4-                                                                                   
               Nitrophenyl) O-Phenyl                                                                            
               Ester.                                                                                           
2703-13-1...  Phosphonothioic Acid,     .................  500                      500                         
               Methyl-, O-Ethyl O-(4-                                                                           
               (Methylthio)Phenyl)                                                                              
               Ester.                                                                                           
2757-18-8...  Thallous Malonate.......  c, h               100                      100/10,000                  
2763-96-4...  Muscimol................  .................  1,000                    500/10,000                  
2778-04-3...  Endothion...............  .................  500                      500/10,000                  
3037-72-7...  Silane, (4-               .................  1,000                    1,000                       
               Aminobutyl)Diethoxymeth                                                                          
               yl-.                                                                                             
3254-63-5...  Phosphoric Acid,          .................  500                      500                         
               Dimethyl 4-                                                                                      
               (Methylthio)Phenyl                                                                               
               Ester.                                                                                           
3569-57-1...  Sulfoxide, 3-             .................  500                      500                         
               Chloropropyl Octyl.                                                                              
3615-21-2...  Benzimidazole, 4,5-       g                  500                      500/10,000                  
               Dichloro-2-                                                                                      
               (Trifluoromethyl)-.                                                                              
3689-24-5...  Sulfotep................  .................  100                      500                         
3691-35-8...  Chlorophacinone.........  .................  100                      100/10,000                  
3734-97-2...  Amiton Oxalate..........  .................  100                      100/10,000                  
3735-23-7...  Methyl Phenkapton.......  .................  500                      500                         
3878-19-1...  Fuberidazole............  .................  100                      100/10,000                  
4044-65-9...  Bitoscanate.............  .................  500                      500/10,000                  
4098-71-9...  Isophorone Diisocyanate.  .................  100                      100                         
4104-14-7...  Phosacetim..............  .................  100                      100/10,000                  
4170-30-3...  Crotonaldehyde..........  .................  100                      1,000                       
4301-50-2...  Fluenetil...............  .................  100                      100/10,000                  
4418-66-0...  Phenol, 2,2'-Thiobis(4-   .................  100                      100/10,000                  
               Chloro-6-Methyl)-.                                                                               
4835-11-4...  Hexamethylenediamine,     .................  500                      500                         
               N,N'-Dibutyl-.                                                                                   
5344-82-1...  Thiourea, (2-             .................  100                      100/10,000                  
               Chlorophenyl)-.                                                                                  
5836-29-3...  Coumatetralyl...........  .................  500                      500/10,000                  
6533-73-9...  Thallous Carbonate......  c, h               100                      100/10,000                  
6923-22-4...  Monocrotophos...........  .................  10                       10/10,000                   
7446-09-5...  Sulfur Dioxide..........  l                  500                      500                         
7446-11-9...  Sulfur Trioxide.........  b                  100                      100                         
7446-18-6...  Thallous Sulfate........  .................  100                      100/10,000                  
7487-94-7...  Mercuric Chloride.......  .................  500                      500/10,000                  
7550-45-0...  Titanium Tetrachloride..  .................  1,000                    100                         
7580-67-8...  Lithium Hydride.........  b                  100                      100                         

[[Page 31310]]

                                                                                                                
7631-89-2...  Sodium Arsenate.........  .................  1                        1,000/10,000                
7637-07-2...  Boron Trifluoride.......  .................  500                      500                         
7647-01-0...  Hydrogen Chloride (gas    l                  5,000                    500                         
               only).                                                                                           
7664-39-3...  Hydrogen Fluoride.......  .................  100                      100                         
7664-41-7...  Ammonia.................  l                  100                      500                         
7664-93-9...  Sulfuric Acid...........  .................  1,000                    1,000                       
7697-37-2...  Nitric Acid.............  .................  1,000                    1,000                       
7719-12-2...  Phosphorus Trichloride..  .................  1,000                    1,000                       
7722-84-1...  Hydrogen Peroxide (Conc   l                  1,000                    1,000                       
               > 52%).                                                                                          
7723-14-0...  Phosphorus..............  b, h               1                        100                         
7726-95-6...  Bromine.................  l                  500                      500                         
7778-44-1...  Calcium Arsenate........  .................  1                        500/10,000                  
7782-41-4...  Fluorine................  k                  10                       500                         
7782-50-5...  Chlorine................  .................  10                       100                         
7783-00-8...  Selenious Acid..........  .................  10                       1,000/10,000                
7783-06-4...  Hydrogen Sulfide........  l                  100                      500                         
7783-07-5...  Hydrogen Selenide.......  .................  10                       10                          
7783-60-0...  Sulfur Tetrafluoride....  .................  100                      100                         
7783-70-2...  Antimony Pentafluoride..  .................  500                      500                         
7783-80-4...  Tellurium Hexafluoride..  k                  100                      100                         
7784-34-1...  Arsenous Trichloride....  .................  1                        500                         
7784-42-1...  Arsine..................  .................  100                      100                         
7784-46-5...  Sodium Arsenite.........  .................  1                        500/10,000                  
7786-34-7...  Mevinphos...............  .................  10                       500                         
7791-12-0...  Thallous Chloride.......  c, h               100                      100/10,000                  
7791-23-3...  Selenium Oxychloride....  .................  500                      500                         
7803-51-2...  Phosphine...............  .................  100                      500                         
8001-35-2...  Camphechlor.............  .................  1                        500/10,000                  
8065-48-3...  Demeton.................  .................  500                      500                         
10025-73-7..  Chromic Chloride........  .................  1                        1/10,000                    
10025-87-3..  Phosphorus Oxychloride..  .................  1,000                    500                         
10026-13-8..  Phosphorus Pentachloride  b                  500                      500                         
10028-15-6..  Ozone...................  .................  100                      100                         
10031-59-1..  Thallium Sulfate........  h                  100                      100/10,000                  
10102-18-8..  Sodium Selenite.........  h                  100                      100/10,000                  
10102-20-2..  Sodium Tellurite........  .................  500                      500/10,000                  
10102-43-9..  Nitric Oxide............  c                  10                       100                         
10102-44-0..  Nitrogen Dioxide........  .................  10                       100                         
10124-50-2..  Potassium Arsenite......  .................  1                        500/10,000                  
10140-87-1..  Ethanol, 1,2-Dichloro-,   .................  1,000                    1,000                       
               Acetate.                                                                                         
10210-68-1..  Cobalt Carbonyl.........  h                  10                       10/10,000                   
10265-92-6..  Methamidophos...........  .................  100                      100/10,000                  
10294-34-5..  Boron Trichloride.......  .................  500                      500                         
10311-84-9..  Dialifor................  .................  100                      100/10,000                  
10476-95-6..  Methacrolein Diacetate..  .................  1,000                    1,000                       
12002-03-8..  Paris Green.............  .................  1                        500/10,000                  
12108-13-3..  Manganese, Tricarbonyl    h                  100                      100                         
               Methylcyclopentadienyl.                                                                          
13071-79-9..  Terbufosh...............  h                  100                      100                         
13171-21-6..  Phosphamidon............  .................  100                      100                         
13194-48-4..  Ethoprophos.............  .................  1,000                    1,000                       
13410-01-0..  Sodium Selenate.........  .................  100                      100/10,000                  
13450-90-3..  Gallium Trichloride.....  .................  500                      500/10,000                  
13463-39-3..  Nickel Carbonyl.........  .................  10                       1                           
13463-40-6..  Iron, Pentacarbonyl-....  .................  100                      100                         
14167-18-1..  Salcomine...............  .................  500                      500/10,000                  
15271-41-7..  Bicyclo[2.2.1]Heptane-2-  .................  500                      500/10,000                  
               Carbonitrile, 5-Chloro-                                                                          
               6-                                                                                               
               ((((Methylamino)Carbony                                                                          
               l)Oxy)Imino)-, (1s-(1-                                                                           
               alpha,2-beta,4-alpha,5-                                                                          
               alpha,6E))-.                                                                                     
16752-77-5..  Methomyl................  h                  100                      500/10,000                  
17702-41-9..  Decaborane(14)..........  .................  500                      500/10,000                  
17702-57-7..  Formparanated...........  d                  1                        100/10,000                  
19287-45-7..  Diborane................  .................  100                      100                         
19624-22-7..  Pentaborane.............  .................  500                      500                         
20830-75-5..  Digoxin.................  h                  10                       10/10,000                   
20859-73-8..  Aluminum Phosphide......  b                  100                      500                         
21548-32-3..  Fosthietan..............  .................  500                      500                         
21609-90-5..  Leptophos...............  .................  500                      500/10,000                  
21908-53-2..  Mercuric Oxide..........  .................  500                      500/10,000                  
21923-23-9..  Chlorthiophos...........  h                  500                      500                         

[[Page 31311]]

                                                                                                                
22224-92-6..  Fenamiphos..............  .................  10                       10/10,000                   
23135-22-0..  Oxamyl..................  d                  1                        100/10,000                  
23422-53-9..  Formetanate               d, h               1                        500/10,000                  
               Hydrochloride.                                                                                   
23505-41-1..  Pirimifos-Ethyl.........  .................  1,000                    1,000                       
24017-47-8..  Triazofos...............  .................  500                      500                         
24934-91-6..  Chlormephos.............  .................  500                      500                         
26419-73-8..  Carbamic Acid, Methyl-,   d                  1                        100/10,000                  
               O-(((2,4-Dimethyl-1, 3-                                                                          
               Dithiolan-2-                                                                                     
               yl)Methylene)Amino)-.                                                                            
26628-22-8..  Sodium Azide (Na(N<INF>3))...  b                  1,000                    500                         
27137-85-5..  Trichloro(Dichlorophenyl  .................  500                      500                         
               )Silane.                                                                                         
28347-13-9..  Xylylene Dichloride.....  .................  100                      100/10,000                  
28772-56-7..  Bromadiolone............  .................  100                      100/10,000                  
30674-80-7..  Methacryloyloxyethyl      .................  100                      100                         
               Isocyanateh.                                                                                     
39196-18-4..  Thiofanox...............  .................  100                      100/10,000                  
50782-69-9..  Phosphonothioic Acid,     .................  100                      100                         
               Methyl-, S-(2-(Bis(1-                                                                            
               Methylethyl)Amino)Ethyl                                                                          
               ) O-Ethyl Ester.                                                                                 
53558-25-1..  Pyriminil...............  h                  100                      100/10,000                  
58270-08-9..  Zinc, Dichloro(4,4-       .................  100                      100/10,000                  
               Dimethyl-                                                                                        
               5((((Methylamino)                                                                                
               Carbonyl)Oxy)Imino)Pent                                                                          
               anenitrile)-, (T-4)-.                                                                            
62207-76-5..  Cobalt, ((2,2'-(1,2-      .................  100                      100/10,000                  
               Ethanediylbis                                                                                    
               (Nitrilomethylidyne))                                                                            
               Bis(6-Fluorophenolato))                                                                          
               (2-)-N,N',O,O')-.                                                                                
----------------------------------------------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40 CFR table 302.4.                        
Notes:                                                                                                          
a. This chemical does not meet acute toxicity criteria. Its TPQ is set at 10,000 pounds.                        
b. This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-
  solution form.                                                                                                
c. The calculated TPQ changed after technical review as described in the technical support document.            
d. Indicates that the RQ is subject to change when the assessment of potential carcinogenicity and/or other     
  toxicity is completed.                                                                                        
e. Statutory reportable quantity for purposes of notification under SARA sect 304(a)(2).                        
f. [Reserved]                                                                                                   
g. New chemicals added that were not part of the original list of 402 substances.                               
h. Revised TPQ based on new or re-evaluated toxicity data.                                                      
j. TPQ is revised to its calculated value and does not change due to technical review as in proposed rule.      
k. The TPQ was revised after proposal due to calculation error.                                                 
l. Chemicals on the original list that do not meet toxicity criteria but because of their high production volume
  and recognized toxicity are considered chemicals of concern (``Other chemicals'').                            

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

Subpart A--General Information

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

Subpart B--Who Must Comply

370.10  Who must comply with the hazardous chemical reporting 
requirements of this part?
370.11  What specific criteria must be met for a hazardous chemical 
to qualify for relief from routine reporting requirements?
370.12  What hazardous chemicals must I report under this part?
370.13  What substances are exempt from these reporting 
requirements?
370.14  How do I report mixtures containing hazardous chemicals?

Subpart C--Reporting Requirements

370.20  What are the reporting requirements of this part?

How to Comply With MSDS Reporting

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

How to Comply with Inventory Reporting

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

Subpart D--Community Access to Information

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

    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).

Subpart A--General Information


Sec. 370.1  What is the purpose of this part?

    (a) This part (40 CFR part 370) establishes reporting requirements 
that provide the public with important information on the Hazardous 
Chemicals in their communities. Reporting raises community awareness of 
chemical hazards and aids in the development of State and local 
emergency response plans. The

[[Page 31312]]

reporting requirements established under this part consist of Material 
Safety Data Sheet (MSDS) reporting, and inventory reporting.
    (b) This part is written in a special format to make it easier to 
understand the regulatory requirements. Like other Environmental 
Protection Agency (EPA) regulations, this part establishes enforceable 
legal requirements. Information considered non-binding guidance under 
EPCRA is indicated in this regulation by the word ``note'' and a 
smaller typeface. Such notes are provided for information purposes only 
and are not considered legally binding under this part.


Sec. 370.2  Who do ``you,'' ``I,'' and ``your'' refer to in this part?

    Throughout this part, ``you,'' ``I,'' and ``your'' refer to the 
owner or operator of a Facility.


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

    The definitions of key words used in this part are in 40 CFR 
355.62. It is important to read the definitions for key words because 
the definition explains the word's specific meaning in the regulations 
in this part. When a defined word first appears in this part, it is 
printed with the initial letter capitalized.

Subpart B--Who Must Comply


Sec. 370.10  Who must comply with the hazardous chemical reporting 
requirements of this part?

    (a) You must comply with the reporting requirements of this part if 
the Occupational Safety and Health Act of 1970 (OSHA) and regulations 
issued under that Act require your facility to prepare or have 
available a material safety data sheet (MSDS) for a hazardous chemical 
and if either of the following conditions is met:
    (1) A hazardous chemical that is an Extremely Hazardous Substance 
(EHS) is present at your facility at any one time in an amount equal to 
or greater than the threshold level for that EHS--500 pounds (or 227 
kg, approximately 55 gallons) or the Threshold Planning Quantity (TPQ), 
whichever is lower. Extremely hazardous substances and their TPQs are 
listed in appendices A and B of 40 CFR part 355.
    (2) A hazardous chemical that is not an extremely hazardous 
substance is present at your facility at any one time in an amount 
equal to or greater than the threshold level for that hazardous 
chemical. Threshold levels for such hazardous chemicals are as follows:
    (i) For any hazardous chemical that does not meet the criteria in 
paragraph (a)(2) (ii), (iii), (iv) or (v) of this section, the 
threshold level is 10,000 pounds (or 4,540 kg).
    (ii) For gasoline at a retail gas station, when stored in a tank 
entirely underground and in compliance with the Underground Storage 
Tank regulations at 40 CFR part 280, the threshold level is 75,000 
gallons (for all grades of gasoline combined). For purposes of this 
part, retail gas station means a retail gasoline facility principally 
engaged in selling gasoline to the public and convenience stores 
engaged in selling gasoline to the public.
    (iii) For diesel fuel at a retail gas station, when stored in a 
tank entirely underground and in compliance with the Underground 
Storage Tank regulations at 40 CFR part 280, the threshold level is 
100,000 gallons.
    (iv) For sand, gravel, and rock salt the threshold level is 
infinite. For purposes of this part, an infinite threshold level means 
that you do not have to comply with the reporting requirements of this 
part, except for Sec. 370.10(b).
    (v) For any chemical that is considered minimal hazard and minimal 
risk under Sec. 370.11, the threshold level is infinite. For purposes 
of this part, an infinite threshold level means that you do not have to 
comply with the reporting requirements of this part, except for 
Sec. 370.10(b).
    (b) You also must comply with the reporting requirements of this 
part if OSHA and regulations issued under that Act require your 
facility to prepare or have available an MSDS for a hazardous chemical 
and if the LEPC requests that you submit an MSDS (and you have not 
already submitted an MSDS to the LEPC for that hazardous chemical), or 
if the LEPC, the SERC, or the fire department with jurisdiction over 
your facility requests that you submit Tier II information. For 
reporting in response to any such requests under this paragraph 
(Sec. 370.10(b)), the threshold level is zero. Tier II information is 
discussed in Sec. 370.42. LEPC means the local emergency planning 
committee appointed by the State emergency response commission. SERC 
means the emergency response commission for the State in which the 
facility is located except where the facility is located in Indian 
Country, in which case, SERC means the emergency response commission 
for the Tribe under whose jurisdiction the facility is located.


Sec. 370.11  What specific criteria must be met for a hazardous 
chemical to qualify for relief from routine reporting requirements?

    (a) A hazardous chemical present at your facility that is not an 
EHS, a CERCLA hazardous substance, a toxic chemical listed in 40 CFR 
part 372 or a regulated substance listed under the Clean Air Act (CAA) 
Risk Management Program (RMP) in 40 CFR part 68 qualifies for the 
infinite threshold level under Sec. 370.10(a)(2)(v), which provides for 
relief from routine reporting requirements, if the hazardous chemical 
meets each of the following specific criteria:
    (1) The chemical has a minimal inherent hazard and presents a 
minimal physical or health risk, to individuals in the community beyond 
the site or sites on which the facility is located, and to emergency 
responders on-site, under normal conditions of production, use, or 
storage, or in a foreseeable emergency.
    (2) The chemical has a minimal inherent hazard and presents a 
minimal risk, to the environment beyond the site or sites on which the 
facility containing the chemical is located.
    (3) You have followed the notification requirements under paragraph 
(b) of this section.
    (b) For a hazardous chemical present at your facility to qualify 
for the infinite threshold level under Sec. 370.10(a)(2)(v), which 
provides for relief from routine reporting requirements, you must meet 
each of the following notification requirements:
    (1) You must notify the appropriate SERC, LEPC and fire department 
of your assessment that the chemical meets the specific criteria in 
paragraph (a) of this section, and must notify them of the name of the 
chemical and conditions relevant to the assessment.
    (2) You must follow the notification procedure described in this 
section one time, unless a change occurs that may affect whether the 
chemical continues to meet the criteria in paragraph (a) of this 
section. If such a change occurs, you must repeat the notification 
requirements of this paragraph. Until these notification requirements 
are met, you must report using the applicable threshold level under 
Secs. 370.10(a)(2)(i) through (iv).


Sec. 370.12  What hazardous chemicals must I report under this part?

    You must report any hazardous chemical for which you are required 
to prepare or have available an MSDS under OSHA and regulations issued 
under that Act that is present at your facility above the applicable 
threshold specified in Sec. 370.10. (Specific exemptions from reporting 
are in

[[Page 31313]]

Sec. 370.13.) The EPA has not issued a list of hazardous chemicals 
subject to reporting under this part; a substance is a hazardous 
chemical, and required to have an MSDS, if it meets the definition of 
hazardous chemical under the OSHA regulations found at 29 CFR 
1910.1200(c).


Sec. 370.13  What substances are exempt from these reporting 
requirements?

    You do not have to report substances for which you are not required 
to have an MSDS under the OSHA regulations, or that are excluded from 
the definition of hazardous chemical under EPCRA section 311(e). Each 
of the following substances are excluded under EPCRA section 311(e):
    (a) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (b) Any substance present as a solid in any manufactured item to 
the extent exposure to the substance does not occur under normal 
conditions of use.
    (c) Any substance to the extent it is used:
    (1) For personal, family, or household purposes, or is present in 
the same form and concentration as a product packaged for distribution 
and use by the general public. Present in the same form and 
concentration as a product packaged for distribution and use by the 
general public means a substance packaged in a similar manner and 
present in the same concentration as the substance when packaged for 
use by the general public, whether or not it is intended for 
distribution to the general public or used for the same purpose as when 
it is packaged for use by the general public;
    (2) In a research laboratory or hospital or other medical facility 
under the direct supervision of a technically qualified individual; or
    (3) In routine agricultural operations or is a fertilizer held for 
sale by a retailer to the ultimate customer.


Sec. 370.14  How do I report mixtures containing hazardous chemicals?

    (a) If a hazardous chemical is present at your facility as part of 
a Mixture, you must report according to one of the following two 
options:
    (1) Report the required information in reference to each component 
in the mixture that is a hazardous chemical.
    (2) Report the required information in reference to the mixture 
itself.
    (b) For a mixture containing a hazardous chemical, use the 
following table to determine if a reporting threshold is equaled or 
exceeded, and to determine how to report:

----------------------------------------------------------------------------------------------------------------
                              Then to determine if the threshold level     And if the threshold level for that  
 If your mixture contains a    for that hazardous chemical is equaled       hazardous chemical is equaled or    
     hazardous chemical                 or exceeded you must                     exceeded then you must         
----------------------------------------------------------------------------------------------------------------
That is an EHS..............  Determine the total quantity of the EHS   Report in reference to either: the EHS  
                               present throughout your facility at any   component--submit an MSDS (or list) for
                               one time, by adding together the          the EHS, as provided under Sec.        
                               quantity present as a component in all    370.30, and submit Tier I information  
                               mixtures and all other quantities of      for the EHS, as provided under Sec.    
                               the EHS (you must include the quantity    370.40 or the mixture itself--submit an
                               present in a mixture even if you are      MSDS (or list) for the mixture, as     
                               also applying that particular mixture     provided under Sec.  370.30, and submit
                               as a whole toward the threshold level     Tier I information for the mixture, as 
                               for that mixture).                        provided under Sec.  370.40.           
That is not an EHS..........  Determine either: the total quantity of   Report in reference to either: the      
                               the hazardous chemical present            hazardous chemical component--submit an
                               throughout your facility at any one       MSDS (or list) for the hazardous       
                               time, by adding together the quantity     chemical, as provided under Sec.       
                               present as a component in all mixtures    370.30, and submit Tier I information  
                               and all other quantities of the           for the hazardous chemical, as provided
                               hazardous chemical (you must include      under Sec.  370.40 or the mixture      
                               the quantity present in a mixture even    itself--submit an MSDS (or list) for   
                               if you are also applying that             the mixture, as provided under Sec.    
                               particular mixture as a whole toward      370.30, and submit Tier I information  
                               the threshold level for that mixture)     for the mixture, as provided under Sec.
                               or the total quantity of that mixture      370.40.                               
                               present throughout your facility at any                                          
                               one time.                                                                        
----------------------------------------------------------------------------------------------------------------

    (c) To determine the quantity of a hazardous chemical component 
present in a mixture, multiply the concentration of the hazardous 
chemical component (in weight percent) by the weight of the mixture (in 
pounds). You do not have to count a hazardous chemical present in a 
mixture if the concentration is less than or equal to 1%, or less than 
or equal to 0.1% for a carcinogenic chemical.
    (d) For each specific mixture, the reporting option used must be 
consistent for both MSDS and inventory reporting, unless impracticable. 
This means that if you report on a specific mixture as a whole for MSDS 
reporting, you must report on that mixture as a whole for inventory 
reporting too (unless impracticable). MSDS reporting and inventory 
reporting are discussed in detail in subpart C of this part.
    (e) If a hazardous chemical is present at your facility both by 
itself and as a component in mixture(s), you must determine the total 
amount present to apply the threshold level. To calculate the total 
amount, add together the quantity in all mixtures, and all other 
quantities of the hazardous chemical present at your facility.

Subpart C--Reporting Requirements


Sec. 370.20  What are the reporting requirements of this part?

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

How to Comply With MSDS Reporting


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

    (a) You must report the hazardous chemicals present at your 
facility that exceed the applicable threshold levels (threshold levels 
are in Sec. 370.10). You must comply with this requirement by doing one 
of the following:
    (1) Submit an MSDS for each hazardous chemical present at your 
facility above its applicable threshold level.
    (2) Submit a list of all hazardous chemicals present at your 
facility that exceed applicable threshold levels. The hazardous 
chemicals on your list must be grouped by Hazard Category as defined 
under 40 CFR 355.62. The list must contain the chemical or common name 
of each hazardous chemical as provided on the MSDS.

[[Page 31314]]

    (b) You must also submit an MSDS for any hazardous chemical present 
at your facility for which you have not submitted an MSDS, to the LEPC 
within 30 days of receipt of a request by the LEPC (as provided in 
Sec. 370.10(b)).


Sec. 370.31  Do I have to update the information?

    You must update the information in all of the following ways:
    (a) Submit a revised MSDS after discovery of significant new 
information concerning a hazardous chemical for which an MSDS was 
submitted.
    (b) Submit an MSDS, or a list as described in Sec. 370.30(a), for 
any hazardous chemical for which you become subject to these reporting 
requirements.
    (c) Submit an MSDS for any hazardous chemical present at your 
facility for which you have not submitted an MSDS, and for which the 
LEPC requests you to submit an MSDS, as provided in Sec. 370.30(b).


Sec. 370.32  To whom must I submit the information?

    You must submit the required reporting information to the following 
entities:
    (a) Submit an MSDS or list, as provided in Sec. 370.30(a), to the 
LEPC, the SERC, and the fire department with jurisdiction over your 
facility.
    (b) Submit an MSDS requested by the LEPC, as provided in 
Sec. 370.30(b), to the LEPC.


Sec. 370.33  When must I submit the information?

    You must submit the required reporting information at the following 
times:
    (a) Submit an MSDS, or a list as provided in Sec. 370.30(a), for a 
hazardous chemical subject to the reporting requirements of this part 
by October 17, 1987, or within 3 months after you first become subject 
to the reporting requirements of this part (as provided in Secs. 370.30 
and 370.31(b)).
    (b) Submit a revised MSDS, as provided in Sec. 370.31(a), within 3 
months after discovering significant new information about a hazardous 
chemical for which an MSDS was submitted.
    (c) Submit an MSDS requested by the LEPC, as provided in 
Secs. 370.30(b) and 370.31(c), within 30 days of receiving the request.

How to Comply With Inventory Reporting


Sec. 370.40  What information must I provide, and what format must I 
use?

    (a) If you are required to comply with the hazardous chemical 
reporting requirements of this part, then you must annually--by March 
1--submit inventory information regarding any hazardous chemical 
present at your facility at any time during the previous calendar year 
in an amount equal to or in excess of its threshold level. Threshold 
levels are provided in Sec. 370.10.
    (b) Tier I information is the minimum information that you must 
report to be in compliance with the inventory reporting requirements of 
this part, and is described in Sec. 370.41. You may choose to report 
Tier II information, which is described in Sec. 370.42, for any 
hazardous chemical at your facility. You must submit Tier II 
information to the SERC, LEPC, or fire department having jurisdiction 
over your facility if they request it. The EPA publishes Tier I and 
Tier II Inventory Forms, which are uniform formats for reporting the 
Tier I and Tier II information. You may use a State or local format for 
reporting inventory information if the State or local format contains 
at least the Tier I information.

    Note to paragraph (b): Some States require Tier II information 
annually under State law.

    (c) You should contact the SERC to determine State requirements for 
format and procedures regarding inventory reporting. If your State has 
a policy for electronic submittal of inventory information, you should 
obtain instructions from the SERC. You may also contact the SERC to 
obtain inventory forms specific to that State. You may obtain the most 
current versions of the EPA Tier I and Tier II forms, and instructions 
for completing the Tier I and Tier II forms, by contacting the National 
Center for Environmental Publications and Information (NCEPI) at 800/
490-9198. The forms are also available on the Internet at <a href="http://www.epa.gov/
ceppo/publications/">www.epa.gov/
ceppo/publications/</a>.


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. 
There are two health hazard categories and three physical hazard 
categories for purposes of reporting under this part. These five hazard 
categories are defined in 40 CFR 355.62. Tier I information includes 
all of the following:
    (a) Certification. The owner or operator or the officially 
designated representative of the owner or operator must certify that 
all information included in the submission is true, accurate, and 
complete by certifying the following: ``I certify under penalty of law 
that I have personally examined and am familiar with the information 
submitted and that based on my inquiry of those individuals responsible 
for obtaining the information, I believe that the submitted information 
is true, accurate, and complete.'' This certification shall be 
accompanied by your full name, official title, signature, date signed, 
and total number of pages in the submission including all attachments.
    (b) The calendar year for the reporting period.
    (c) The complete name (and company identifier where appropriate) 
and address of your facility. Include the full street address or state 
road, the city, county, State and zip code.
    (d) The North American Industry Classification System (NAICS) code 
for your facility.
    (e) The Dun & Bradstreet number of your facility.
    (f) The owner's or operator's full name, mailing address, and phone 
number.
    (g) Emergency contact. The name, title, and phone number(s) of at 
least one local individual or office that can act as a referral if 
emergency responders need assistance in responding to a chemical 
accident at your facility. You must provide an emergency phone number 
where such emergency information will be available 24 hours a day, 
every day.
    (h) An indication whether the information being reported is 
identical to that submitted the previous year.
    (i) An estimate (in ranges) of the maximum amount of hazardous 
chemicals in each hazard category present at your facility at any time 
during the preceding calendar year. You must use codes that correspond 
to different ranges. The range codes are in Sec. 370.43.
    (j) An estimate (in ranges) of the average daily amount of 
hazardous chemicals in each hazard category present at your facility 
during the preceding calendar year. You must use codes that correspond 
to different ranges. The range codes are in Sec. 370.43.
    (k) The greatest number of days that any single hazardous chemical 
within

[[Page 31315]]

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


Sec. 370.42  What is Tier II inventory information?

    Tier II information provides State and local officials and the 
public with specific information on amounts and locations of hazardous 
chemicals present at your facility during the previous calendar year. 
If you are reporting Tier II information, you must include the 
following:
    (a) Certification. The owner or operator (or the officially 
designated representative of the owner or operator) must certify that 
all information included in the submission is true, accurate, and 
complete by certifying the following: ``I certify under penalty of law 
that I have personally examined and am familiar with the information 
submitted and that based on my inquiry of those individuals responsible 
for obtaining the information, I believe that the submitted information 
is true, accurate, and complete.'' This certification must be 
accompanied by your full name, official title, original signature, date 
signed, and total number of pages in the submission including all 
Confidential and Non-Confidential Information Sheets and all 
attachments. All other pages must also contain your signature or 
signature stamp, the date you signed the certification, and the total 
number of pages in the submission.
    (b) The calendar year for the reporting period.
    (c) The complete name (and company identifier where appropriate) 
and address of your facility. Include the full street address or state 
road, the city, county, State and zip code.
    (d) The North American Industry Classification System (NAICS) code 
for your facility.
    (e) The Dun & Bradstreet number of your facility.
    (f) The owner's or operator's full name, mailing address, and phone 
number.
    (g) Emergency contact. The name, title, and phone number(s) of at 
least one local individual or office that can act as a referral if 
emergency responders need assistance in responding to a chemical 
accident at your facility. You must provide an emergency phone number 
where such emergency information will be available 24 hours a day, 
every day.
    (h) An indication whether the information being reported is 
identical to that submitted the previous year.
    (i) For each hazardous chemical that you are required to report, 
you must provide the following information:
    (1) The chemical name or the common name of the chemical as 
provided on the material safety data sheet, and the Chemical Abstract 
Service (CAS) registry number. If you are withholding the name in 
accordance with trade secret criteria, you must provide the generic 
class or category that is structurally descriptive of the chemical, and 
indicate that the name is withheld because of trade secrecy. Trade 
secret criteria are addressed in Sec. 370.64(a).
    (2) An indication if any of these descriptors apply to the 
chemical: pure or mixture; solid, liquid, or gas; and whether the 
chemical is or contains an EHS.
    (3) If the chemical is a mixture containing an EHS, the chemical 
name of each EHS in the mixture.
    (4) An indication of which hazard categories apply to the chemical. 
The five hazard categories are defined in 40 CFR 355.62.
    (5) An estimate (in ranges) of the maximum amount of the hazardous 
chemical present at your facility on any single day during the 
preceding calendar year. You must use codes that correspond to 
different ranges. The range codes are in Sec. 370.43.
    (6) An estimate (in ranges) of the average daily amount of the 
hazardous chemical present at your facility during the preceding 
calendar year. You must use codes that correspond to different ranges. 
The range codes are in Sec. 370.43.
    (7) The number of days that the hazardous chemical was present at 
your facility during the preceding calendar year.
    (8) A brief description of the precise location of the hazardous 
chemical at your facility. You may choose to attach a site plan with 
site coordinates indicated, a list of site coordinate abbreviations, or 
a description of dikes and other safeguard measures. Under EPCRA 
section 324 you may choose to withhold the location information 
regarding a specific chemical from disclosure to the public. If you 
choose to withhold the location information from disclosure to the 
public you must clearly indicate that the information is 
``confidential.'' You must provide the ``confidential'' location 
information on a separate sheet from the other Tier II information 
(which will be disclosed to the public), and attach the 
``confidential'' location information sheet to the other Tier II 
information. Indicate any attachments you are including.
    (9) A brief description of the manner of storage of the hazardous 
chemical, including container type, temperature and pressure, for each 
location listed. You must use codes that correspond to different 
storage types and temperature and pressure conditions. The storage 
codes are in Sec. 370.43. If the specific location for which you are 
reporting storage conditions is a ``confidential'' location then you 
must report the storage conditions on a separate ``confidential'' 
location information sheet.


Sec. 370.43  What codes are used to report Tier I and Tier II inventory 
information?

    (a) Weight range codes. You must use the following codes to report 
the maximum amount and average daily amount when reporting Tier I or 
Tier II information:

------------------------------------------------------------------------
                                          Weight range in pounds        
          Range codes           ----------------------------------------
                                         From                 To        
------------------------------------------------------------------------
01.............................  0..................  99.               
02.............................  100................  999.              
03.............................  1,000..............  9,999.            
04.............................  10,000.............  99,999.           
05.............................  100,000............  999,999.          
06.............................  1,000,000..........  9,999,999.        
07.............................  10,000,000.........  49,999,999.       
08.............................  50,000,000.........  99,999,999.       
09.............................  100,000,000........  499,999,999.      
10.............................  500,000,000........  999,999,999.      
11.............................  1 billion..........  Higher than 1     
                                                       billion.         
------------------------------------------------------------------------

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

    (b) Storage type codes. You must use the following codes to report 
storage types when you are reporting Tier II information:

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


[[Page 31316]]

    (c) Storage condition codes. You must use the following codes to 
report storage conditions when you are reporting Tier II information:

------------------------------------------------------------------------
              Codes                          Storage conditions         
------------------------------------------------------------------------
                                            Pressure conditions         
1................................  Ambient pressure.                    
2................................  Greater than ambient pressure.       
3................................  Less than ambient pressure.          
                                           Temperature conditions       
4................................  Ambient temperature.                 
5................................  Greater than ambient temperature.    
6................................  Less than ambient temperature but not
                                    cryogenic.                          
7................................  Cryogenic conditions.                
------------------------------------------------------------------------

    (d) Your SERC or LEPC may provide other range codes for reporting 
maximum amounts and average daily amounts, or may require reporting of 
specific amounts. You may use your SERC's or LEPC's range codes (or 
specific amounts) provided the ranges are not broader than the ranges 
in paragraph (a) of this section. Your SERC or LEPC may also provide 
other codes for storage types or conditions. You may use those codes 
provided your SERC's or LEPC's storage types and conditions codes 
specify the same or more detailed information as the codes in 
paragraphs (b) and (c) of this section.


Sec. 370.44  To whom must I submit the inventory information?

    You must submit the required inventory information to each of the 
following:
    (a) Your State emergency response commission (SERC).
    (b) Your local emergency planning committee (LEPC).
    (c) The fire department with jurisdiction over your facility.


Sec. 370.45  When must I submit the inventory information?

    You must report the required inventory information as follows:
    (a) Submit the required inventory information by March 1, each year 
(beginning in 1988 or beginning after your facility first becomes 
subject to this part), and by March 1 of each year afterwards. Your 
submission must contain the required inventory information on hazardous 
chemicals present at your facility during the preceding calendar year 
at or above the threshold levels. Threshold levels are in Sec. 370.10. 
The minimum required inventory information under EPCRA section 312 is 
Tier I information. Tier I information requirements are described in 
Sec. 370.41.
    (b) Submit Tier II information within 30 days of the receipt of 
such a request from the SERC, LEPC, or the fire department having 
jurisdiction over your facility, as provided in Sec. 370.10(b). Tier II 
information requirements are described in Sec. 370.42.

Subpart D--Community Access to Information


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

    Any person may obtain an MSDS for a specific facility, by writing 
to the LEPC and asking for such an MSDS.
    (a) If the LEPC has the MSDS, it must provide it to the person 
making the request.
    (b) If the LEPC does not have the MSDS, it must request the MSDS 
from the facility's owner or operator.


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

    (a) Any person may request Tier II information for a specific 
facility by writing to the SERC or the LEPC and asking for such 
information.
    (1) If the SERC or LEPC has the Tier II information, the SERC or 
LEPC must provide it to the person making the request.
    (2) If the SERC or LEPC does not have the Tier II information, it 
must request it from the facility's owner or operator in either of the 
following cases:
    (i) The person making the request is a State or local official 
acting in his or her official capacity.
    (ii) The request is for hazardous chemicals stored at the 
facility--in an amount greater than 10,000 pounds--at any time during 
the previous calendar year.
    (3) If the SERC or LEPC does not have the Tier II information, it 
may request it from the facility's owner or operator in the following 
case: neither condition in paragraph (a)(2) of this section is met, but 
the person's request includes a general statement of need.
    (b) A SERC or LEPC must respond to a request for Tier II 
information under this section within 45 days of receiving such a 
request.


Sec. 370.62  What information may a State or local official request 
from a facility?

    The LEPC may ask a facility's owner or operator to submit an MSDS 
for a hazardous chemical present at the facility. The SERC, LEPC, or 
fire department having jurisdiction over a facility may ask a 
facility's owner or operator to submit Tier II information. The owner 
or operator must submit the MSDS (unless the owner or operator has 
already submitted an MSDS to the LEPC for that hazardous chemical) or 
Tier II information within 30 days of receipt of such request.


Sec. 370.63  What responsibilities do the SERC and the LEPC have to 
make requested information available?

    If a person makes a request under this subpart, the SERC or LEPC 
must make available the following information (except for confidential 
location information, which is discussed in Sec. 370.64(b)):
    (a) All information obtained from an owner or operator in response 
to a request under this subpart.
    (b) Any requested Tier II information or MSDS otherwise in 
possession of the SERC or the LEPC.


Sec. 370.64  What information can I claim as trade secret or 
confidential?

    (a) Trade secrets. When submitting MSDS reporting or inventory 
reporting information that requires you to provide the names of 
specific chemicals present at your facility, you may be able to 
withhold the name of a specific chemical from reporting, if that 
information is claimed as a trade secret. The requirements for 
withholding trade secret information are set forth in EPCRA section 322 
and implemented in 40 CFR part 350. EPA's final regulation on trade 
secrecy (53 FR 28772, July 29, 1988) contains detailed information on 
how to submit trade secrecy claims. If you are withholding the name of 
a specific chemical as a trade secret, in accordance with trade secrecy 
requirements, you must report the generic class or category that is 
structurally descriptive of the chemical along with all other required 
information; you must also submit the withheld information to EPA and 
must adequately substantiate your claim.
    (b) Confidential location information. If you are reporting Tier II 
information then you are required to provide the precise locations of 
specific chemicals present at your facility (Tier II information is 
described in Sec. 370.42). You may request that the SERC or the LEPC 
not disclose to the public the location of any specific chemical 
required to be submitted as Tier II information. If you make such a 
request, the SERC or LEPC must not disclose the location of the 
specific chemical for which you made the request. If you use a Tier II 
form to report your inventory information, you can choose to report 
confidential location information with respect to a specific chemical 
on a Tier Two Confidential Location Information Sheet, which must be 
attached to the other Tier II information you are reporting. Although 
you may request

[[Page 31317]]

that location information with respect to a specific chemical be 
withheld from the public, you may not withhold this information from 
the SERC, the LEPC, or the local fire department.


Sec. 370.65  Must I allow the local fire department to inspect my 
facility, and must I provide it specific location information about 
hazardous chemicals at my facility?

    If you are the owner or operator of a facility that has submitted 
inventory information under this part, you must comply with the 
following two requirements upon request by the fire department with 
jurisdiction over your facility:
    (a) You must allow the fire department to conduct on-site 
inspection of your facility.
    (b) You must provide the fire department with information about the 
specific locations of hazardous chemicals at your facility.

[FR Doc. 98-14490 Filed 6-5-98; 8:45 am]
BILLING CODE 6560-50-P


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