31268 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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

SUPERFUND.DOCKET@

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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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
31270 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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-toknow 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,
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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,
31272 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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:

• 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-toknow (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.

• 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.

• 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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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 riskbased 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
31274 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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 facilityspecific 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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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 rightto-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
31276 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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 renotification 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-toknow. 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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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 reopening 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
31278 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

comparison between the current

regulation (existing section 370.28) and

the proposed regulation (proposed

section 370.14) follows:

• 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.

• 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.)

• 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.

• 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 crossreference 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.

• 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.

• 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).

• 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.

• 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.

• 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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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 nonEHS 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
31280 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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 selfimplementing. 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 facilityrelated 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
31282 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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:

• 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.

• 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.

• 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.

• 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.

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

• 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).

• 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.

• 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.

• 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 ‘‘transportationrelated 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.

• 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).

• 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
31284 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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).

• 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:

• 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 CommunityTo-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.

• 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.’’

• 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.

• 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).

• 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.

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

• 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.

• 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.

• 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).

• 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.

• 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
31286 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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:

• 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.

• 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.

• 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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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.
31288 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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:

• 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.

• 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.

• 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.)

• 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:

• 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.

• 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.

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

• 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.

• 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.

• 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?

• 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.

• 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
31290 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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
31292 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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.
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31293

Existing section Proposed section(s) Comment

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-todate 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
31294 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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

farmer.sandy@epamail.epa.gov, 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 costeffective 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,
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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

§ 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.

§ 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.

§ 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 § 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.
31296 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

Subpart B—Emergency Planning

Who Must Comply

§ 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.

§ 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 § 355.10(b) of

this subpart, substances that are not

EHSs may become subject to the

emergency planning requirements of

this subpart.

§ 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.’’

§ 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) × (weight of

mixture)

= (20 percent) × (150 pound mixture)

= (0.20) × (150)

EHS (in pounds)

= 30 pounds

§ 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.

§ 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 § 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.

§ 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 § 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

§ 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:
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31297

What types of

emergency

planning notification are required?

What information must I provide?To whom must I provide the

information? When must I provide the information?

Emergency

planning notification.

You must provide notice that

your facility is subject to the

emergency planning requirements of this subpart.

To the SERC and the LEPC

(LEPC means the local

emergency planning committee appointed by the

SERC).

By May 17, 1987, or within 60 days after your facility first becomes subject to the requirements of this subpart; if no

LEPC exists 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

representative who will participate in the local emergency planning process as

a facility emergency response coordinator. You

must provide notice of this

facility representative.

To the LEPC (or the SERC if

there is no LEPC, or the

Governor if there is no

SERC).

By September 17, 1987, or within 60 days after your facility

first becomes subject to the requirements of this subpart; if

no LEPC exists for your facility at the time you are required to provide facility emergency coordinator notification, then provide an additional report to the LEPC within

30 days after establishment 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 changes occurring at

your facility that may be relevant to emergency planning.

To the LEPC ........................... Promptly.

Requested information.You must provide any information necessary for developing or implementing the

local emergency plan if the

LEPC requests it.

To the LEPC Promptly.

§ 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

§ 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

§ 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 § 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.

§ 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.

§ 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 § 355.40. However, in addition to

the notifications required under 40 CFR

302.8, you must make all of the

following notifications to the
31298 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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).

§ 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

§ 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 followup 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 § 355.42(b) for

requirements for reporting such releases.

§ 355.41 What format should the

information be in?

The immediate notification, described

in § 355.40(a), should be oral. The

written follow-up emergency

notification, described in § 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.

§ 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

§ 355.40(a). You are not required under

this subpart to submit a written followup notification, as described in

§ 355.40(b), for such a release.

§ 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

§ 355.40(a), immediately.

(b) Provide the written follow-up

emergency notice (or notices, as more

information becomes available)

described under § 355.40(b), as soon as

practicable after the release.

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?

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:
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31299

If a reportable quantity of a substance is released within a 24-hour period at your facilityAnd if the release is reportable under EPCRA

section 304 then you must

And if the release is reportable under

CERCLA section 103 then you must

And the substance is on BOTH the list of

EPCRA Extremely Hazardous Substances

(appendices A and B of this part) AND the

list of CERCLA Hazardous Substances

(Table 302.4 of 40 CFR 302.4).

Notify the local emergency planning committee

(the LEPC) and the State emergency response commission (the SERC), in accordance with §§ 355.40 through 355.43 of this

part (see exception for a release during

transportation or storage incident to transportation, as provided in § 355.42(b)).

Comply with the release reporting requirements of CERCLA section 103 and its implementing regulations (40 CFR part 302).

Call the National Response Center at 800/

424–8802.

And the substance is on the list of CERCLA

Hazardous Substances (Table 302.4 of 40

CFR 302.4) and NOT on the list of EPCRA

extremely hazardous substances (appendices A and B of this part).

Notify the LEPC and the SERC, in accordance

with §§ 355.40 through 355.43 of this part

(see exception for a release during transportation or storage incident to transportation,

as provided in § 355.42(b)),.

Comply with the release reporting requirements of CERCLA section 103 and its implementing regulations (40 CFR part 302).

Call the National Response Center at 800/

424–8802.

And the substance is on the list of EPCRA Extremely Hazardous Substances (appendices

A and B of this part) and NOT on the list of

CERCLA Hazardous Substances (Table

302.4 of 40 CFR 302.4).

Notify the LEPC and the SERC, in accordance

with §§ 355.40 through 355.43 of this part

(see exception for a release during transportation or storage incident to transportation,

as provided in § 355.42(b)).

Note: This table only applies to reportable releases, not to exempt releases.

§ 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-ToKnow 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.
31300 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

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]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

75–86–5 Acetone Cyanohydrin ..................................................................................................... 10 1,000

1752–30–3 Acetone Thiosemicarbazide ........................................................................................... 1,000 1,000/10,000

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-(Trifluoromethyl)- ................................................................................. 500 500

100–14–1 Benzene, 1-(Chloromethyl)-4-Nitro- ............................................................................... 500 500/10,000

98–05–5 Benzenearsonic Acid ..................................................................................................... 10 10/10,000

3615–21–2 Benzimidazole, 4,5-Dichloro-2-(Trifluoromethyl)- ........................................................... g 500 500/10,000
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31301

APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[Alphabetical Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

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-Carbonitrile, 5-Chloro-6-

((((Methylamino)Carbonyl)Oxy)Imino)-, (1s-(1-alpha,2-beta,4-alpha,5-alpha,6E))-.

500 500/10,000

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 Compound With Methyl Ether (1:1) ................................................... 1,000 1,000

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-, O-(((2,4-Dimethyl-1, 3-Dithiolan-2-yl)Methylene)Amino)- ....... d 1 100/10,000

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 Chloroformate ............................................................................................. 1,000 1,000

67–66–3 Chloroform ...................................................................................................................... l 10 10,000

542–88–1 Chloromethyl Ether ........................................................................................................ h 10 100

107–30–2 Chloromethyl Methyl Ether ............................................................................................. c 10 100

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-Ethanediylbis (Nitrilomethylidyne)) Bis(6-Fluorophenolato))(2-)-

N,N’,O,O’)-.

100 100/10,000

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 Dichloromethylphenylsilane ............................................................................................ 1,000 1,000

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
31302 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[Alphabetical Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

60–51–5 Dimethoate ..................................................................................................................... 10 500/10,000

2524–03–0 Dimethyl Phosphorochloridothioate ............................................................................... 500 500

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-Phenylenediamine ....................................................................................... 10 10/10,000

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, Octamethyl- ...................................................................................... 100 100

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, 2-Chloro- ................................................................................ 500 500

10140–87–1 Ethanol, 1,2-Dichloro-, Acetate ...................................................................................... 1,000 1,000

563–12–2 Ethion ............................................................................................................................. 10 1,000

13194–48–4 Ethoprophos ................................................................................................................... 1,000 1,000

538–07–8 Ethylbis(2-Chloroethyl)Amine ......................................................................................... h 500 500

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 Hydrochloride ............................................................................................ d, h 1 500/10,000

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 Hexachlorocyclopentadiene ........................................................................................... h 10 100

4835–11–4 Hexamethylenediamine, N,N′-Dibutyl- ........................................................................... 500 500

302–01–2 Hydrazine ....................................................................................................................... 1 1,000

74–90–8 Hydrocyanic Acid ........................................................................................................... 10 100

7647–01–0 Hydrogen Chloride (gas only) ........................................................................................ l 5,000 500

7664–39–3 Hydrogen Fluoride .......................................................................................................... 100 100

7722–84–1 Hydrogen Peroxide (Conc > 52%) ................................................................................. l 1,000 1,000

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-Dichlorophenyl Ester ....................................................................... 500 500/10,000

465–73–6 Isodrin ............................................................................................................................. 1 100/10,000

55–91–4 Isofluorphate ................................................................................................................... c 100 100
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31303

APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[Alphabetical Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

4098–71–9 Isophorone Diisocyanate ................................................................................................ 100 100

108–23–6 Isopropyl Chloroformate ................................................................................................. 1,000 1,000

119–38–0 Isopropylmethylpyrazolyl Dimethylcarbamate ................................................................ d 1 500

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 Methylcyclopentadienyl .......................................................... h 100 100

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 Isocyanate .................................................................................... h 100 100

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 Acetate ....................................................................................... 500 500/10,000

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 Dichloride ........................................................................................ b 100 100

556–64–9 Methyl Thiocyanate ........................................................................................................ 10,000 10,000

78–94–4 Methyl Vinyl Ketone ....................................................................................................... 10 10

502–39–6 Methylmercuric Dicyanamide ......................................................................................... 500 500/10,000

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 (PMN–82–147) ...................................................................... 10 10/10,000

630–60–4 Ouabain .......................................................................................................................... c 100 100/10,000

23135–22–0 Oxamyl ........................................................................................................................... d 1 100/10,000

78–71–7 Oxetane, 3,3-Bis(Chloromethyl)- .................................................................................... 500 500

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
31304 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[Alphabetical Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

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-Chloro-6-Methyl)- ....................................................................... 100 100/10,000

64–00–6 Phenol, 3-(1-Methylethyl)-, Methylcarbamate ................................................................ d 1 500/10,000

58–36–6 Phenoxarsine, 10,10’-Oxydi- .......................................................................................... 500 500/10,000

696–28–6 Phenyl Dichloroarsine .................................................................................................... h 1 500

59–88–1 Phenylhydrazine Hydrochloride ..................................................................................... 1,000 1,000/10,000

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, Methyl-, O-Ethyl O-(4-(Methylthio) Phenyl) Ester ..................... 500 500

50782–69–9 Phosphonothioic Acid, Methyl-, S-(2-(Bis(1Methylethyl)Amino)Ethyl) O-Ethyl Ester .... 100 100

2665–30–7 Phosphonothioic Acid, Methyl-, O-(4-Nitrophenyl) O-Phenyl Ester ............................... 500 500

3254–63–5 Phosphoric Acid, Dimethyl 4-(Methylthio)Phenyl Ester ................................................. 500 500

2587–90–8 Phosphorothioic Acid, O,O-Dimethyl-S-(2-Methylthio) Ethyl Ester ................................ c, g 500 500

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, Salicylate (1:1) ...................................................................................... d 1 100/10,000

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-Vinyl- ............................................................................................. 500 500

504–24–5 Pyridine, 4-Amino- .......................................................................................................... h 1,000 500/10,000

1124–33–0 Pyridine, 4-Nitro-,l-Oxide ................................................................................................ 500 500/10,000

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 Hydrochloride ........................................................................................ 1,000 1,000/10,000

3037–72–7 Silane, (4-Aminobutyl)Diethoxymethyl- .......................................................................... 1,000 1,000

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(N3)) ................................................................................................... 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, Acetoxytriphenyl- .......................................................................................... g 500 500/10,000

57–24–9 Strychnine ...................................................................................................................... c 10 100/10,000
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31305

APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[Alphabetical Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

60–41–3 Strychnine Sulfate .......................................................................................................... 10 100/10,000

3689–24–5 Sulfotep .......................................................................................................................... 100 500

3569–57–1 Sulfoxide, 3-Chloropropyl Octyl ...................................................................................... 500 500

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-Chlorophenyl)- ........................................................................................... 100 100/10,000

614–78–8 Thiourea, (2-Methylphenyl)- ........................................................................................... 500 500/10,000

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)Silane ........................................................................................ 100 100

27137–85–5 Trichloro(Dichlorophenyl) Silane .................................................................................... 500 500

998–30–1 Triethoxysilane ............................................................................................................... 500 500

75–77–4 Trimethylchlorosilane ..................................................................................................... 1,000 1,000

824–11–3 Trimethylolpropane Phosphite ....................................................................................... h 100 100/10,000

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-Dimethyl-5((((Methylamino)Carbonyl) Oxy)Imino)Pentanenitrile)-,

(T-4)-.

100 100/10,000

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’’).
31306 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES

[CAS Number Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

0 Organorhodium Complex (PMN–82–147) ...................................................................... 10 10/10,000

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, Salicylate (1:1) ...................................................................................... d 1 100/10,000

57–74–9 Chlordane ....................................................................................................................... 1 1,000

58–36–6 Phenoxarsine, 10,10′-Oxydi- .......................................................................................... 500 500/10,000

58–89–9 Lindane ........................................................................................................................... 1 1,000/10,000

59–88–1 Phenylhydrazine Hydrochloride ..................................................................................... 1,000 1,000/10,000

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-Methylethyl)-, Methylcarbamate ................................................................ d 1 500/10,000

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 Hexachlorocyclopentadiene ........................................................................................... h 10 100

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-Bis(Chloromethyl)- .................................................................................... 500 500

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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31307

APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[CAS Number Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

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-(Trifluoromethyl)- ................................................................................. 500 500

98–87–3 Benzal Chloride .............................................................................................................. 5,000 500

98–95–3 Nitrobenzene .................................................................................................................. l 1,000 10,000

99–98–9 Dimethyl-p-Phenylenediamine ....................................................................................... 10 10/10,000

100–14–1 Benzene, 1-(Chloromethyl)-4-Nitro- ............................................................................... 500 500/10,000

100–44–7 Benzyl Chloride .............................................................................................................. 100 500

102–36–3 Isocyanic Acid, 3,4-Dichlorophenyl Ester ....................................................................... 500 500/10,000

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 Ether ............................................................................................. c 10 100

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 Dimethylcarbamate ................................................................ d 1 500

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-Vinyl- ............................................................................................. 500 500

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 Dichloromethylphenylsilane ............................................................................................ 1,000 1,000

151–38–2 Methoxyethylmercuric Acetate ....................................................................................... 500 500/10,000

151–50–8 Potassium Cyanide ........................................................................................................ b 10 100

151–56–4 Ethyleneimine ................................................................................................................. 1 500

152–16–9 Diphosphoramide, Octamethyl- ...................................................................................... 100 100

297–78–9 Isobenzan ....................................................................................................................... 100 100/10,000
31308 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[CAS Number Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

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 Compound With Methyl Ether (1:1) ................................................... 1,000 1,000

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 Dicyanamide ......................................................................................... 500 500/10,000

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-Chloroethyl)Amine ......................................................................................... h 500 500

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 Hydrochloride ........................................................................................ 1,000 1,000/10,000

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-Methylphenyl)- ........................................................................................... 500 500/10,000

624–83–9 Methyl Isocyanate .......................................................................................................... 10 500

627–11–2 Chloroethyl Chloroformate ............................................................................................. 1,000 1,000

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 Dichloride ........................................................................................ b 100 100

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 Phosphite ....................................................................................... h 100 100/10,000

900–95–8 Stannane, Acetoxytriphenyl- .......................................................................................... g 500 500/10,000

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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31309

APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[CAS Number Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

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-Oxide ............................................................................................... 500 500/10,000

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)Silane ........................................................................................ 100 100

1563–66–2 Carbofuran ..................................................................................................................... 10 10/10,000

1600–27–7 Mercuric Acetate ............................................................................................................ 500 500/10,000

1622–32–8 Ethanesulfonyl Chloride, 2-Chloro- ................................................................................ 500 500

1752–30–3 Acetone Thiosemicarbazide ........................................................................................... 1,000 1,000/10,000

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 Phosphorochloridothioate ............................................................................... 500 500

2540–82–1 Formothion ..................................................................................................................... 100 100

2570–26–5 Pentadecylamine ............................................................................................................ 100 100/10,000

2587–90–8 Phosphorothioic Acid, O,O-Dimethyl-S-(2-Methylthio) Ethyl Ester ................................ c, g 500 500

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, Methyl-, O-(4-Nitrophenyl) O-Phenyl Ester ............................... 500 500

2703–13–1 Phosphonothioic Acid, Methyl-, O-Ethyl O-(4-(Methylthio)Phenyl) Ester ...................... 500 500

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-Aminobutyl)Diethoxymethyl- .......................................................................... 1,000 1,000

3254–63–5 Phosphoric Acid, Dimethyl 4-(Methylthio)Phenyl Ester ................................................. 500 500

3569–57–1 Sulfoxide, 3-Chloropropyl Octyl ...................................................................................... 500 500

3615–21–2 Benzimidazole, 4,5-Dichloro-2-(Trifluoromethyl)- ........................................................... g 500 500/10,000

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-Chloro-6-Methyl)- ....................................................................... 100 100/10,000

4835–11–4 Hexamethylenediamine, N,N′-Dibutyl- ........................................................................... 500 500

5344–82–1 Thiourea, (2-Chlorophenyl)- ........................................................................................... 100 100/10,000

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
31310 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[CAS Number Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

7631–89–2 Sodium Arsenate ............................................................................................................ 1 1,000/10,000

7637–07–2 Boron Trifluoride ............................................................................................................. 500 500

7647–01–0 Hydrogen Chloride (gas only) ........................................................................................ l 5,000 500

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 > 52%) ................................................................................. l 1,000 1,000

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-, Acetate ...................................................................................... 1,000 1,000

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 Methylcyclopentadienyl .......................................................... h 100 100

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-Carbonitrile, 5-Chloro-6-

((((Methylamino)Carbonyl)Oxy)Imino)-, (1s-(1-alpha,2-beta,4-alpha,5-alpha,6E))-.

500 500/10,000

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
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31311

APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING

QUANTITIES—Continued

[CAS Number Order]

CAS No. Chemical name Notes

Reportable

quantity *

(pounds)

Threshold planning quantity

(pounds)

22224–92–6 Fenamiphos .................................................................................................................... 10 10/10,000

23135–22–0 Oxamyl ........................................................................................................................... d 1 100/10,000

23422–53–9 Formetanate Hydrochloride ............................................................................................ d, h 1 500/10,000

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-, O-(((2,4-Dimethyl-1, 3-Dithiolan-2-yl)Methylene)Amino)- ....... d 1 100/10,000

26628–22–8 Sodium Azide (Na(N3)) ................................................................................................... b 1,000 500

27137–85–5 Trichloro(Dichlorophenyl)Silane ..................................................................................... 500 500

28347–13–9 Xylylene Dichloride ......................................................................................................... 100 100/10,000

28772–56–7 Bromadiolone ................................................................................................................. 100 100/10,000

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

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

50782–69–9 Phosphonothioic Acid, Methyl-, S-(2-(Bis(1-Methylethyl)Amino)Ethyl) O-Ethyl Ester ... 100 100

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

58270–08–9 Zinc, Dichloro(4,4-Dimethyl-5((((Methylamino) Carbonyl)Oxy)Imino)Pentanenitrile)-,

(T-4)-.

100 100/10,000

62207–76–5 Cobalt, ((2,2′-(1,2-Ethanediylbis (Nitrilomethylidyne)) Bis(6-Fluorophenolato)) (2-)-

N,N′,O,O′)-.

100 100/10,000

* Only the statutory or final RQ is shown. For more information, see 40 CFR 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-TOKNOW

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

§ 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
31312 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

reporting requirements established

under this part consist of Material

Safety Data Sheet (MSDS) reporting, and

inventory reporting.

(b) This part is written in a special

format to make it easier to understand

the regulatory requirements. Like other

Environmental Protection Agency (EPA)

regulations, this part establishes

enforceable legal requirements.

Information considered non-binding

guidance under EPCRA is indicated in

this regulation by the word ‘‘note’’ and

a smaller typeface. Such notes are

provided for information purposes only

and are not considered legally binding

under this part.

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

refer to in this part?

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

‘‘your’’ refer to the owner or operator of

a Facility.

§ 370.3 Which section contains the

definitions of the key words used in this

part?

The definitions of key words used in

this part are in 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

§ 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 § 370.10(b).

(v) For any chemical that is

considered minimal hazard and

minimal risk under § 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 § 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 (§ 370.10(b)), the threshold

level is zero. Tier II information is

discussed in § 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.

§ 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 § 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 § 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 §§ 370.10(a)(2)(i)

through (iv).

§ 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 § 370.10. (Specific

exemptions from reporting are in
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31313

§ 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).

§ 370.13 What substances are exempt

from these reporting requirements?

You do not have to report substances

for which you are not required to have

an MSDS under the OSHA regulations,

or that are excluded from the definition

of hazardous chemical under EPCRA

section 311(e). Each of the following

substances are excluded under EPCRA

section 311(e):

(a) Any food, food additive, color

additive, drug, or cosmetic regulated by

the Food and Drug Administration.

(b) Any substance present as a solid

in any manufactured item to the extent

exposure to the substance does not

occur under normal conditions of use.

(c) Any substance to the extent it is

used:

(1) For personal, family, or household

purposes, or is present in the same form

and concentration as a product

packaged for distribution and use by the

general public. Present in the same form

and concentration as a product

packaged for distribution and use by the

general public means a substance

packaged in a similar manner and

present in the same concentration as the

substance when packaged for use by the

general public, whether or not it is

intended for distribution to the general

public or used for the same purpose as

when it is packaged for use by the

general public;

(2) In a research laboratory or hospital

or other medical facility under the

direct supervision of a technically

qualified individual; or

(3) In routine agricultural operations

or is a fertilizer held for sale by a retailer

to the ultimate customer.

§ 370.14 How do I report mixtures

containing hazardous chemicals?

(a) 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:

If your mixture

contains a hazardous chemicalThen to determine if the threshold level for that hazardous

chemical is equaled or exceeded you must

And if the threshold level for that hazardous chemical is

equaled or exceeded then you must

That is an EHS Determine the total quantity of the EHS present throughout

your facility at any one time, by adding together the quantity

present as a component in all mixtures and all other quantities of the EHS (you must include the quantity present in a

mixture even if you are also applying that particular mixture

as a whole toward the threshold level for that mixture).

Report in reference to either: the EHS component—submit an

MSDS (or list) for the EHS, as provided under § 370.30,

and submit Tier I information for the EHS, as provided

under § 370.40 or the mixture itself—submit an MSDS (or

list) for the mixture, as provided under § 370.30, and submit

Tier I information for the mixture, as provided under

§ 370.40.

That is not an

EHS.

Determine either: the total quantity of the hazardous chemical

present throughout your facility at any one time, by adding

together the quantity present as a component in all mixtures

and all other quantities of the hazardous chemical (you

must include the quantity present in a mixture even if you

are also applying that particular mixture as a whole toward

the threshold level for that mixture) or the total quantity of

that mixture present throughout your facility at any one time.

Report in reference to either: the hazardous chemical component—submit an MSDS (or list) for the hazardous chemical,

as provided under § 370.30, and submit Tier I information

for the hazardous chemical, as provided under § 370.40 or

the mixture itself—submit an MSDS (or list) for the mixture,

as provided under § 370.30, and submit Tier I information

for the mixture, as provided under § 370.40.

(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

§ 370.20 What are the reporting

requirements of this part?

The reporting requirements of this

part consist of MSDS reporting and

inventory reporting. If you are the

owner or operator of a facility subject to

the reporting requirements of this part

then you must comply with both types

of reporting requirements. MSDS

reporting requirements are addressed in

§§ 370.30 through 370.33. Inventory

reporting requirements are addressed in

§§ 370.40 through 370.45.

How to Comply With MSDS Reporting

§ 370.30 What information must I provide,

and what format must I use?

(a) You must report the hazardous

chemicals present at your facility that

exceed the applicable threshold levels

(threshold levels are in § 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.
31314 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

(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 § 370.10(b)).

§ 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 § 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 § 370.30(b).

§ 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 § 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 § 370.30(b), to the

LEPC.

§ 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 § 370.30(a), for a hazardous

chemical subject to the reporting

requirements of this part by October 17,

1987, or within 3 months after you first

become subject to the reporting

requirements of this part (as provided in

§§ 370.30 and 370.31(b)).

(b) Submit a revised MSDS, as

provided in § 370.31(a), within 3

months after discovering significant

new information about a hazardous

chemical for which an MSDS was

submitted.

(c) Submit an MSDS requested by the

LEPC, as provided in §§ 370.30(b) and

370.31(c), within 30 days of receiving

the request.

How to Comply With Inventory

Reporting

§ 370.40 What information must I provide,

and what format must I use?

(a) If you are required to comply with

the hazardous chemical reporting

requirements of this part, then 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

§ 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 § 370.41. You may

choose to report Tier II information,

which is described in § 370.42, for any

hazardous chemical at your facility. You

must submit Tier II information to the

SERC, LEPC, or fire department having

jurisdiction over your facility if they

request it. 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 www.epa.gov/ceppo/

publications/.

§ 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

§ 370.43.

(j) An estimate (in ranges) of the

average daily amount of hazardous

chemicals in each hazard category

present at your facility during the

preceding calendar year. You must use

codes that correspond to different

ranges. The range codes are in § 370.43.

(k) The greatest number of days that

any single hazardous chemical within
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 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.

§ 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

§ 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 § 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 § 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 § 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.

§ 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:

Range codes

Weight range in pounds

From To

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

02 ................... 100 .............. 999.

03 ................... 1,000 ........... 9,999.

04 ................... 10,000 ......... 99,999.

05 ................... 100,000 ....... 999,999.

06 ................... 1,000,000 .... 9,999,999.

07 ................... 10,000,000 .. 49,999,999.

08 ................... 50,000,000 .. 99,999,999.

09 ................... 100,000,000 499,999,999.

10 ................... 500,000,000 999,999,999.

11 ................... 1 billion ........ 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.
31316 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

(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.

§ 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.

§ 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

§ 370.10. The minimum required

inventory information under EPCRA

section 312 is Tier I information. Tier I

information requirements are described

in § 370.41.

(b) 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 § 370.10(b).

Tier II information requirements are

described in § 370.42.

Subpart D—Community Access to

Information

§ 370.60 How does a person obtain MSDS

information about a specific facility?

Any person may obtain an MSDS for

a specific facility, by writing to the

LEPC and asking for 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.

§ 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.

§ 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.

§ 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

§ 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.

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

§ 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