
[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Rules and Regulations]               
[Page 65451-65484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no08-13]                         


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Part II





Environmental Protection Agency





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40 CFR 355 and 370



Emergency Planning and Community Right-to-Know Act; Amendments to 
Emergency Planning and Notification; Emergency Release Notification and 
Hazardous Chemical Reporting; Final Rule


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 355 and 370

[EPA-HQ-SFUND-1998-0002; FRL-8733-5]
RIN 2050-AE17

 
Emergency Planning and Community Right-to-Know Act; Amendments to 
Emergency Planning and Notification; Emergency Release Notification and 
Hazardous Chemical Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing changes to the Emergency Planning 
Notification, Emergency Release Notification and Hazardous Chemical 
Reporting regulations that were proposed on June 8, 1998. EPA proposed 
four major revisions and provided draft guidance on various reporting 
options that States and local agencies may wish to consider in 
implementing the hazardous chemical reporting requirements. This action 
addresses only those changes proposed under the heading ``Other 
Regulatory Changes'' described in the preamble to the 1998 proposed 
rule. This final action includes minor revisions to the Emergency 
Planning Notification, Emergency Release Notification and Hazardous 
Chemical Reporting regulations, codifying statutory requirements, and 
clarifying certain interpretations and policy statements that EPA has 
provided to the regulated community. This final action does not affect 
public access to any of the information provided under the Emergency 
Planning Notification, Emergency Release Notification and Hazardous 
Chemical Reporting regulations. In addition to the regulatory changes, 
the Agency is finalizing the plain language format of the regulations. 
Each section in these regulations will be re-numbered and tables will 
be added for further clarification. Improving the clarity of the 
regulatory requirements will make the rule easier to understand and 
improve compliance.

DATES: This final rule is effective on December 3, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-SFUND-1998-0002. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Superfund Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Superfund Docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20004; telephone number: (202) 
564-8019; fax number: (202) 564-2620; e-mail address: 
jacob.sicy@epa.gov. Also contact the Superfund, TRI, EPCRA, RMP and Oil 
Information Center at (800) 424-9346 or (703) 412-9810 (in the 
Washington DC, metropolitan area). The Telecommunications Device for 
the Deaf (TDD) number is (800) 553-7672 or (703) 412-3323 (in the 
Washington, DC, metropolitan area.) You may wish to visit the Office of 
Emergency Management (OEM) Internet site at http://www.epa.gov/
emergencies.

SUPPLEMENTARY INFORMATION: Here are the contents of today's preamble.

I. General Information
    A. Who is Affected by This Rule?
    B. What is the Statutory Authority for This Rule?
    C. What is the Background for This Rulemaking?
II. What are the Regulatory Changes in This Rule?
A. Reporting of Mixtures Under EPCRA Sections 311 and 312 (40 CFR 
part 370)
    1. Background of the Proposed Revisions for the Reporting of 
Mixtures
    2. Summary of the Proposed Revisions for the Reporting of 
Mixtures
    3. Organizational Changes to the Reporting of Mixtures in This 
Final Action
    4. Final Action on Proposed Revision (1): Removing the Phrase 
``The Total Quantity of the Mixture'' From Sec.  370.28(b)(2)
    5. Final Action on Proposed Revision (2): Clarifying How To 
Determine the Total Quantity of an EHS in Mixtures
    6. Final Action on Proposed Revision (3): Adding a Provision for 
Determining the Quantity of a Non-EHS Hazardous Chemical Component 
in a Mixture
    7. Final Action on Proposed Revision (4): Adding a Provision for 
Determining the Quantity of a Non-EHS Hazardous Chemical When 
Present in Pure Form and in Mixtures
    B. Tier I and Tier II Inventory Forms and Instructions
    1. Removal of Forms and Instructions From the Code of Federal 
Regulations
    2. Revisions to the Forms and Instructions
    C. Penalties for Noncompliance
    D. Additional Changes to Parts 355 and 370 Regulations
    E. Definitions
    III. Statutory and Executive Orders
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132 (Federalism)
    F. Executive Order 13175 (Consultation and Coordination with 
Indian Tribal Governments)
    G. Executive Order 13045
    H. Executive Order 13211 (Energy Effects)
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Who is Affected by This Rule?

    Entities that would be affected by this rule are those 
organizations and facilities subject to the Emergency Planning and 
Community Right-to-Know Act (EPCRA) and its implementing regulations 
found in 40 CFR parts 355 and 370. To determine whether your facility 
is affected by this action, you should carefully examine the sections 
below that explain who must comply with the rule. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. What is the Statutory Authority for This Rule?

    This final rule is being issued under EPCRA, which was enacted as 
Title III of the Superfund Amendments and Reauthorization Act (SARA) of 
1986 (Pub. L. 99-499), (SARA). The Agency relies on EPCRA section 328 
for general rulemaking authority.

 C. What is the Background of This Rulemaking?

    Title III of SARA (EPCRA) establishes authorities for emergency 
planning and preparedness, emergency release notification reporting, 
community right-to-know reporting, and toxic chemical release 
reporting. It is intended 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

[[Page 65453]]

chemical releases and the potential chemical risks in their 
communities. The implementing regulations for emergency planning, 
emergency release notification and the chemicals subject to these 
regulations (Extremely Hazardous Substances) are codified in 40 CFR 
part 355. The implementing regulations for community right-to-know 
reporting (or hazardous chemical reporting) are codified in 40 CFR part 
370.
    On June 8, 1998, EPA published a proposed rule (63 FR 31268) to 
streamline the reporting requirements under EPCRA, in particular, 
sections 311 and 312. EPA proposed four major revisions and provided 
draft guidance on various reporting options that State Emergency 
Response Commissions (SERCs), Local Emergency Planning Committees 
(LEPCs), and fire departments may wish to consider as they implement 
EPCRA sections 311 and 312. The four proposed revisions were: (1) 
Higher threshold levels for reporting gasoline and diesel fuel at 
retail gas stations; (2) relief from routine reporting for substances 
with minimal hazards and minimal risks; (3) relief from routine 
reporting for sand, gravel and rock salt; and (4) ``Other Regulatory 
Changes,'' such as: reporting of mixtures; removing the Tier I and Tier 
II inventory forms and instructions from the CFR, as well as some minor 
revisions to the forms and instructions; and some minor changes to the 
emergency planning and emergency release notification regulations (40 
CFR part 355).
    EPA finalized higher threshold levels for reporting gasoline and 
diesel fuel at retail gas stations on February 11, 1999 (64 FR 7031). 
In today's action, the Agency is finalizing only items in (4) above--
``Other Regulatory Changes,'' as discussed in section IV.B of the 
preamble to the 1998 proposed rule. The remaining two proposed 
revisions [(2) and (3) above] and the draft guidance related to EPCRA 
sections 311 and 312 for States and local government agencies may be 
finalized at a later date.

II. What are the Regulatory Changes in This Rule?

    This section of the notice provides a brief summary of this final 
rule. Specifically, the changes in this final action include: (1) 
Finalizing some of the proposed revisions on applying threshold 
quantity and the reporting of mixtures under EPCRA sections 311 and 
312; (2) removing the Tier I and II inventory forms and instructions 
from the CFR, as well as making some minor changes to the forms and 
instructions; and (3) codifying certain existing policies and 
interpretations in 40 CFR parts 355 and 370. Today's action also: (1) 
Re-writes the regulations in 40 CFR parts 355 and 370 in plain 
language, using a question and answer format; (2) re-numbers and re-
organizes each section in 40 CFR parts 355 and 370; and (3) adds tables 
in order to improve the clarity and understanding of certain reporting 
requirements.
    The proposed changes to determining whether the thresholds have 
been met or exceeded and reporting of mixtures under EPCRA sections 311 
and 312 received the most comments. Commenters generally supported the 
regulatory changes discussed in the June 1998 preamble. Details on the 
significant comments received on mixture reporting and certain other 
aspects of the final rule are provided below. For a more complete 
discussion of all comments received and the Agency's response, please 
see the Summary of Comments and Response document that is in the Docket 
to today's rule as specified in the beginning of this notice.

 A. Reporting of Mixtures Under EPCRA Sections 311 and 312 (40 CFR Part 
370)

 1. Background of the Proposed Revisions for the Reporting of Mixtures
    Sections 311 and 312 of EPCRA apply to any facility that is 
required to prepare or have available a Material Safety Data Sheet 
(MSDS) for any hazardous chemical under the Occupational Safety and 
Health Administration (OSHA) and its implementing regulations. EPCRA 
Sections 311(a)(3) and 312(a)(3) contain the statutory provisions for 
reporting of mixtures containing hazardous chemicals. These provisions 
state that for a mixture that is a hazardous chemical, a facility may 
meet the reporting requirements of section 311 of EPCRA by submitting 
an MSDS for the mixture or an MSDS for each hazardous chemical 
component in the mixture. In lieu of submitting an MSDS for the 
mixture, a facility may submit a list that contains the mixture or the 
hazardous chemical components in the mixture. Section 311(a)(3) also 
states that if more than one mixture at a facility contains the same 
hazardous chemical, only one MSDS or one entry on the list of chemicals 
is necessary for that hazardous chemical. Similarly, a facility may 
meet the reporting requirements of section 312 by providing inventory 
information only for the mixture or for each hazardous chemical 
component in the mixture. In addition, section 312(a)(3) states that if 
more than one mixture at a facility contains the same hazardous 
chemical, only one listing on the inventory form is necessary for that 
hazardous chemical.
    OSHA may require a facility owner or operator to prepare or have 
available an MSDS for a pure chemical, a mixture and/or its hazardous 
components. Therefore, owners and operators of facilities subject to 
EPCRA sections 311 and 312 may have MSDSs for pure chemicals, mixtures, 
and/or for individual hazardous chemical components in those mixtures. 
For facilities that have only pure chemicals on site, determining if 
the total amount of a hazardous chemical is at or above the reporting 
threshold is straightforward. However, in many cases, facilities have 
mixtures that contain hazardous chemical components, including both 
extremely hazardous substances (EHSs) and non-EHSs. Before the 
effective date of this final rule, 40 CFR part 370 specified how to 
determine if a reporting threshold has been met or exceeded for 
mixtures that contain EHSs. If the threshold is met, 40 CFR part 370 
provided options to report either the hazardous chemical components or 
the mixture itself. 40 CFR part 370 did not provide options for 
determining if the reporting threshold has been met or exceeded for 
mixtures containing non-EHS hazardous chemical components. In the 
proposed rule, the Agency proposed to add requirements and/or options 
for determining if the reporting threshold has been met or exceeded and 
for reporting mixtures that contain non-EHS hazardous chemical 
components.
    Although prior to the effective date of this final rule, the 
regulations in 40 CFR part 370 did not include requirements and/or 
options for determining if non-EHS hazardous chemical components in 
mixtures are at or above the reporting threshold, the Agency provided 
guidance on this issue in the preamble to the July 26, 1990 (55 FR 
30632) final rule. In that preamble, EPA specified that, while 
aggregation of non-EHS hazardous chemical components present in 
mixtures is not required for determining if the reporting threshold is 
met, the facility may choose to aggregate if they wish to report by 
hazardous chemical components rather than reporting as mixtures. The 
July 1990 rule finalized the reporting thresholds under sections 311 
and 312 and established uniform effective dates for all facilities 
subject to reporting under sections 311 and 312. Other revisions 
included finalizing the revision of the definition of the term 
``facility'' to include subsurface operations, the implementation of 
all sections of EPCRA by Indian Tribes on Indian lands

[[Page 65454]]

as well as the treatment of mixtures in threshold calculations.
2. Summary of the Proposed Revisions for the Reporting of Mixtures
    In the June 1998 proposed rule, the Agency proposed a number of 
revisions to 40 CFR 370.28 for applying threshold quantities and the 
reporting of mixtures under EPCRA sections 311 and 312. Specifically, 
the proposed revisions to Sec.  370.28 were:
    (1) Removing the phrase ``the total quantity of the mixture'' from 
Sec.  370.28(b)(2);
    (2) Adding a provision to clarify that, when determining the total 
quantity of an EHS present at a facility, the quantity of that 
substance present in a mixture must be included even if the total 
quantity of that particular mixture is also being counted toward the 
threshold level for that mixture;
    (3) Adding a provision for applying the threshold quantity to a 
hazardous chemical component in a mixture when that hazardous chemical 
component is not an EHS; and
    (4) Adding a provision for applying the threshold quantity to a 
non-EHS hazardous chemical when that chemical is present both by itself 
and as a component in a mixture.
    EPA requested comments on these proposed revisions, as well as on 
the re-writing of the mixture reporting section in plain language, 
using a question and answer format. EPA received a total of 38 comments 
from industry, State and local governments, trade associations and 
environmental groups. In general, commenters supported codifying 
existing policies for the reporting of mixtures. However, several 
commenters opposed two of the proposed revisions. An overview of the 
comments received on each of the proposed revisions and the final 
actions being taken by the Agency are discussed below.
3. Organizational Changes to the Reporting of Mixtures in This Final 
Action
    In addition to the four proposed revisions described above, EPA 
proposed re-organizing and re-numbering 40 CFR part 370. Commenters 
provided general support for re-organizing and re-numbering 40 CFR part 
370. As stated in the proposed rule, Sec.  370.28 is re-numbered as 
Sec.  370.14. A table is also provided in Sec.  370.14(a) to clarify 
the requirements and/or provide options to determine if reporting 
thresholds have been met or exceeded for mixtures containing EHSs and 
non-EHS hazardous chemical components. The table also shows how to 
report mixtures that contain EHSs and non-EHS hazardous chemical 
components. The basic reporting option stated in Sec.  370.28(a) is now 
in the table in Sec.  370.14(a). This provision states that the owner 
or operator of a facility may meet the MSDS and Tier I information 
reporting requirements 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, provided that the mixture itself is a hazardous 
chemical.
    Section 370.28(a) also stated that, where practicable, the 
reporting of mixtures by a facility be consistent for both inventory 
and MSDS reporting. Although we proposed that the new section 370.14(d) 
would restate this requirement, EPA has re-numbered this provision as 
370.14(b) to provide further clarity and improve the flow of the 
regulations.
4. Final Action on Proposed Revision (1): Removing the Phrase ``the 
Total Quantity of the Mixture'' From Sec.  370.28(b)(2)
    In the process of re-organizing and re-numbering all the sections 
in 40 CFR part 370, some of the requirements were consolidated into one 
section. As a result, the Agency proposed to remove the phrase ``the 
total quantity of the mixture'' from Sec.  370.28(b)(2). This 
requirement states that if the facility chooses to report the mixture, 
then the total quantity of the mixture present at the facility shall be 
reported. Since the table in new section 370.14(a) directs the reader 
to Sec. Sec.  370.30 and 370.40, which already provides this 
information, EPA believed that this phrase did not need to be repeated. 
EPA received five comments opposing this revision. Specifically, the 
commenters argued that the sections that are cross-referenced, 
Sec. Sec.  370.30 and 370.40, do not adequately address how mixtures 
should be reported and thus, recommended that the phrase ``the total 
quantity of the mixture'' should be retained for clarity. Based on 
these comments, EPA has decided to retain this language in the final 
rule. As noted above, the language is now in the table in Sec.  
370.14(a).
5. Final Action on Proposed Revision (2): Clarifying How To Determine 
the Total Quantity of an EHS in Mixtures
    Prior to this action, the regulation only stated that when 
determining whether a reporting threshold for an EHS has been met or 
exceeded, the owner or operator of a facility shall aggregate the 
quantity of the EHS present as a component in all mixtures at the 
facility and all other quantities of the EHS present at the facility. 
The Agency proposed to amend the regulations 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 the total 
quantity of that particular mixture is also being counted toward the 
threshold level for that mixture. For example, a facility has 15,000 
pounds of a hazardous chemical mixture which contains 6,000 pounds of 
sulfuric acid, an EHS. Although the facility may report this mixture on 
the Tier II form as a mixture since it is above the reporting threshold 
of 10,000 pounds for a hazardous chemical, the facility must include 
the amount of the sulfuric acid in this mixture when determining the 
total quantity of the sulfuric acid present throughout the facility.
    Since publication of the July 1990 final rule, this has been EPA's 
policy for determining if reporting thresholds have been met or 
exceeded for mixtures that contain EHSs. Thus, the Agency was simply 
proposing to include EPA's policy in the regulation. The Agency 
received seven comments supporting this revision and four comments that 
argued against the proposed revision. Some of the commenters who 
supported this revision stated that this policy is consistent with the 
regulatory language in Sec.  370.28(c). These commenters also stated 
that EHSs should be reported this way to make sure that emergency 
responders do not unknowingly encounter a mixture containing an EHS 
component. The commenters who argued against this change stated that 
this method may ``double count'' the EHS and increase the reporting 
burden on large facilities. These commenters also argued that an EHS 
component of a mixture often does not exhibit the same hazardous 
properties as it does in its pure form, especially when present in a 
mixture at low concentrations.
    EPA agrees with those commenters who supported the proposed 
revision. In particular, we believe it is important for local 
government officials to plan and prepare the community for emergencies 
involving EHSs, and it is also important to protect emergency 
responders. While EPA understands that this approach may increase the 
burden for some facilities, we believe that any extra burden is 
appropriate and necessary to protect emergency responders. EPA also 
agrees with commenters that a hazardous component may not exhibit the 
same hazardous properties of the pure chemical when present in a 
mixture at low concentrations. For this reason, EPA established a de 
minimis limit (1

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percent for hazardous chemicals and 0.1 percent for carcinogens) below 
which the component in a mixture need not be counted toward the 
threshold quantity (October 15, 1987, 52 FR 38344).
    The requirement to aggregate EHSs present throughout the facility 
under EPCRA sections 311 and 312 is consistent with the requirements 
under emergency planning in EPCRA section 302. EPA anticipates that 
LEPCs will request information about EHSs present at a facility in 
developing emergency response plans. Therefore, EPA believes that 
routine reporting of EHSs under sections 311 and 312 would facilitate 
the planning process. For these reasons, EPA is clarifying in this 
action that when determining the total quantity of an EHS present at a 
facility, the quantity present in a mixture must be included even if 
the total quantity of that particular mixture is also being counted 
toward the threshold level for that mixture. The requirement for 
aggregating the EHS is included in the table in Sec.  370.14(a).
    Once a facility determines that the reporting threshold has been 
met for an EHS, the facility has the option to report that EHS 
component in the mixture or the mixture itself. This option is provided 
in the table in Sec.  370.14(a) as it was previously stated in Sec.  
370.28(c)(2). If the facility chooses to report on the mixture itself, 
the facility must indicate that this mixture contains an EHS and 
provide the name of that EHS.
6. Final Action on Proposed Revision (3): Adding a Provision for 
Determining the Quantity of a Non-EHS Hazardous Chemical Component in a 
Mixture
    The third revision that EPA proposed was the addition of a 
provision to determine if the reporting threshold has been met or 
exceeded for mixtures that contain non-EHS hazardous chemical 
components. Prior to this action, the regulations only specified 
requirements for determining if a reporting threshold has been met or 
exceeded for mixtures containing EHSs and for reporting mixtures 
containing EHSs. However, in the preamble of the July 26, 1990 final 
rule, the Agency provided options for mixtures containing non-EHS 
hazardous chemical components. In that preamble, the Agency stated that 
if a facility has mixtures that contain a non-EHS hazardous chemical 
component, the facility may either add up the quantity of that non-EHS 
hazardous chemical component present throughout the facility or 
consider the total quantity of the mixture to determine if the 
reporting threshold has been met or exceeded. For example, a facility 
has two hazardous chemical mixtures, mixture A is 25,000 pounds and 
mixture B is 15,000 pounds. Mixture A contains 15,000 pounds of 
hazardous chemical X and 10,000 pounds of hazardous chemical Y. Mixture 
B contains 10,000 pounds of hazardous chemical X and 5,000 pounds of 
hazardous chemical Y. The facility owner or operator has the option of 
adding up the total quantity of each of the hazardous components in 
both mixtures and report each of the components on the Tier II form if 
the reporting threshold of 10,000 pounds has been met or exceeded. In 
this example, the total amount of hazardous chemical X is 25,000 pounds 
and the total amount of hazardous chemical Y is 15,000 pounds, thus 
both would need to be reported. The facility owner or operator also has 
the option to report the mixtures on the Tier II form since both 
mixtures exceed the reporting threshold of 10,000 pounds. In the June 
1998 proposed rule, the Agency proposed to codify these options.
    In addition to providing these options, the Agency also proposed a 
requirement for facilities that choose to report the non-EHS hazardous 
chemical components of mixtures instead of reporting on the mixture 
itself. The proposed rule stated that when determining if a reporting 
threshold has been met or exceeded, these facilities must include the 
quantity of a non-EHS hazardous chemical component present in a mixture 
even if that particular mixture is also being counted toward the 
threshold level for that mixture. In looking at the example above, in 
addition to the two mixtures present at the facility, assume that the 
facility has mixture C that contains 10,000 pounds of chemical X and 
5,000 pounds of chemical Z. The facility decides to report this mixture 
on the Tier II form rather than breaking it up into its hazardous 
chemical components. The Agency proposed that if the facility chooses 
to break up the components in mixtures A and B, then the facility must 
also add the quantity of chemical X in mixture C to the quantities of 
chemical X in mixtures A and B, even though the facility has decided to 
report mixture C on the Tier II form.
    EPA received comments from industry and State and local government 
agencies regarding this approach. They generally agreed that options 
for determining if reporting thresholds have been met or exceeded for 
mixtures containing non-EHS hazardous chemicals should be provided. 
These commenters also stated that flexibility is important for those 
operating sites that may only have MSDSs for mixtures. For these sites, 
reporting on the total quantity of the mixture is preferable. One 
commenter suggested that reporting individual non-EHS hazardous 
chemical components should be required only if the facility has an MSDS 
for that specific component.
    The Agency agrees with the commenters that the options proposed for 
determining if reporting thresholds have been met or exceeded for non-
EHS hazardous chemicals present in mixtures are consistent with EPCRA 
sections 311(a)(3) and 312(a)(3). The statute provides the facility 
owner or operator with the option to either report the mixture itself 
or each hazardous chemical component in the mixture. As stated by one 
of the commenters, and EPA agrees, flexibility is important to those 
sites that may only have MSDSs for mixtures. In that case, it is 
preferable for a facility to submit an MSDS for the mixture under 
section 311 and report the mixture on the inventory form under section 
312. Therefore, the Agency is finalizing as proposed by providing 
options for determining if a reporting threshold has been met or 
exceeded for mixtures that contain non-EHS hazardous chemicals. The 
facility has the option to either add up all the amounts of each non-
EHS hazardous chemical component present throughout the facility or 
consider the total quantity of the mixture to determine whether the 
total quantity equals or exceeds the reporting threshold. These options 
were proposed to be added to the table in 370.14(b) that is re-numbered 
as 370.14(a) in this final action.
    Once it is determined that the reporting threshold is met or 
exceeded for either the non-EHS hazardous chemical component or the 
mixture, the facility may report the quantity of non-EHS hazardous 
chemical component or the mixture itself. The table in Sec.  370.14(a) 
states these options.
    EPA also understands the concern raised by some commenters that 
every facility is different. That is, in some cases, the OSHA 
regulations may require a facility to prepare or have available an MSDS 
for the mixture and/or its hazardous chemical components. This is the 
reason that the Agency proposed to add a provision in Sec.  
370.28(a)(2) with respect to consistency in MSDS (section 311) and 
inventory reporting (section 312). This means that if the facility 
owner or operator decides to report a mixture under section 311 by 
submitting an MSDS for the mixture, then the facility owner or operator 
should also report that mixture under section 312 and not report its 
hazardous chemical components, unless the facility can show that it is 
not practicable to do so. As stated in the preamble to the

[[Page 65456]]

proposed rule, it is important for the MSDS information to correspond 
with the inventory information to ensure consistency in the qualitative 
and quantitative information received regarding the hazards of 
chemicals stored on site. The requirement for consistency in reporting, 
which was in Sec.  370.28(a)(2), is now in Sec.  370.14(b).
7. Final Action on Proposed Revision (4): Adding a Provision for 
Determining the Quantity of a Non-EHS Hazardous Chemical When Present 
in Pure Form and in Mixtures
    The fourth revision that EPA proposed was to specify requirements 
for the owner or operator to determine if reporting thresholds have 
been met or exceeded when a non-EHS hazardous chemical is present both 
by itself and as a component in mixture(s). While EPA intended to 
address non-EHS hazardous chemicals with this revision, the term ``non-
EHS'' was inadvertently left out of the regulatory language in Sec.  
370.14(e). However, the preamble language included the term ``non-EHS'' 
within the discussion of this proposed revision. The proposed 
regulatory language indicated that if a hazardous chemical (should have 
stated 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 of that chemical and compare it to the reporting 
threshold. To determine this quantity, the facility would have to add 
together all quantities of the non-EHS hazardous chemical present at 
the facility, including the quantity present in concentrations greater 
than 1% in all mixtures. For example, a facility has a non-EHS 
hazardous chemical in pure form and in mixtures throughout the 
facility. This proposed requirement states that the facility owner or 
operator must add the quantity of that non-EHS hazardous chemical in 
pure form to those quantities of that non-EHS hazardous chemical in 
mixtures to determine if the reporting threshold of 10,000 pounds is 
met or exceeded. The purpose of this proposed revision was to establish 
a clear method for accurately calculating the quantity of non-EHS 
chemicals present.
    Four commenters supported this proposed revision and nine 
commenters opposed it. The commenters that supported it stated that 
this method would more accurately account for the total amount of a 
non-EHS hazardous chemical in both its pure form and in mixtures 
present at a facility. Most of the commenters who opposed this revision 
stated that requiring facilities to aggregate the amounts of non-EHSs 
on site in mixtures with non-EHS hazardous chemicals present in pure 
form will impose a great burden on facilities, as well as State and 
local government agencies that manage the submitted reports. The 
commenters also argued that requiring aggregation of non-EHSs is 
unnecessary as information on these chemicals is not required for 
emergency planning purposes. Commenters also stated that the 
aggregation will not provide meaningful hazard information to emergency 
responders. Most of the commenters agreed with the Agency that 
aggregating and reporting EHSs present throughout the facility is vital 
to emergency planning and is important to emergency responders. 
However, these same commenters opposed aggregating non-EHS hazardous 
chemicals present throughout the facility.
    After reviewing and considering all the comments received, the 
Agency has decided not to adopt this proposed revision. EPA agrees with 
those commenters that stated that this approach imposes a burden on 
most facilities and does not improve local emergency planning efforts, 
as EPCRA sections 302 and 303 do not require the incorporation of non-
EHSs into the comprehensive emergency response plan. As mentioned 
earlier in this section, EPA has determined that data on EHSs have 
greater emergency planning and right-to-know value to communities than 
do data on non-EHSs. Thus, as mentioned above, EPA is not requiring 
facilities to aggregate non-EHS hazardous chemical components in 
mixtures and in pure form to determine if the threshold level is met.

B. Tier I and Tier II Inventory Forms and Instructions

1. Removal of Forms and Instructions From the Code of Federal 
Regulations
    The Agency proposed to remove the Tier I and Tier II inventory 
forms and instructions from the Code of Federal Regulations (CFR). In 
the preamble to the proposed rule, the Agency stated that removing the 
forms (and instructions) from the CFR would make it easier for the 
Agency to make minor changes to them. Under the Paperwork Reduction Act 
(PRA), the Agency must submit any forms used to collect information 
from the regulated community to the Office of Management and Budget 
(OMB) for review and approval. The Agency must develop a supporting 
statement explaining the reasons, the method, and the burden hours and 
costs imposed on the regulated community for the collection of the 
information. Once approved, these forms receive an OMB control number 
and expiration date, usually three years from approval. To continue 
using these forms, the Agency must submit them along with the 
supporting statement to be reviewed and renewed by OMB by the 
expiration date. Therefore, if the forms remain in the CFR, the Agency 
would need to reprint them every three years just to reflect the new 
OMB information collection date, even if no other changes were made to 
the form.
    Sixteen commenters, mainly consisting of State and local government 
agencies, supported the removal of the forms and instructions from the 
CFR. Commenters from industry also supported removal of the forms from 
the CFR and making them available on EPA's Web site. Five commenters, 
however, opposed the removal of the forms and the instructions from the 
CFR.
    Commenters who supported the change did so because they believe 
that once the forms and instructions are removed, EPA can make minor 
changes to them with minimal expense. Some commenters stated that most 
States have developed their own forms with additional specific 
requirements; therefore, States would make their forms available to the 
regulated community. Other supporters also suggested that any major 
changes to the forms should still be made in a rulemaking process and 
not just through the public comment period during the renewal and 
approval process for the information collection requirements under the 
Paperwork Reduction Act (PRA). Commenters that opposed the removal of 
the forms and instructions from the CFR were concerned that EPA would 
change them without going through a public notice and comment (e.g. via 
rulemaking) process. Some of the commenters also suggested that the 
Agency should require the use of only the Federal Tier I and Tier II 
forms, instead of allowing separate forms for each State, since the 
Federal forms promote uniformity of reporting.
    In response to these comments and as described in the proposal, EPA 
has decided to remove the forms and instructions from the CFR, as 
proposed. However, revised Sec. Sec.  370.41 and 370.42 will contain a 
narrative description of the Tier I and Tier II informational 
requirements. The Tier I and Tier II forms and instructions will be 
available on the Agency's Web site at http://www.epa.gov/emergencies. 
If the Agency makes significant changes to the forms in the future, we 
would go through the rulemaking process and solicit public comment 
before such changes were made to the form.

[[Page 65457]]

    We would also note that while EPA agrees with the commenters that 
reporting should generally be uniform, EPA also believes that each 
State should have the flexibility to collect the hazardous chemical 
inventory information it needs to develop emergency plans for its 
communities. States can implement EPCRA according to their needs and 
may promulgate requirements that are more stringent than the Federal 
requirements. States also can add more chemicals, set lower reporting 
thresholds and require facilities to report using a State form, 
including the electronic submission of information. At present, most 
States have their own reporting formats or have requirements that are 
more stringent than the Federal Regulations. Thus, facilities are 
encouraged to contact their States to determine whether any additional 
requirements or formats are required by their States.
2. Revisions to the Forms and Instructions
    In addition to proposing to remove the forms and instructions from 
the CFR, EPA also proposed several changes to the forms and one change 
to the instructions. However, before discussing these, and as way of 
background, EPA stated in the preamble to the proposed rule that the 
Agency was undertaking an agency-wide initiative to streamline and 
consolidate the Agency's collection and maintenance of environmental 
data, which was 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, the Facility Identification Initiative, would establish 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 using this number.
    Thus, EPA proposed and sought public comment on whether to require 
facilities to report their Facility Identification Number on their Tier 
I (or Tier II) form, when reporting under EPCRA section 312, if such a 
number has been assigned under another State or Federal environmental 
program. EPA received a total of thirty-five comments on this issue. 
Twenty-five commenters supported and ten commenters opposed this 
revision. Commenters that supported this change stated that the 
inclusion of the Facility Identification Number will facilitate 
information sharing between localities and EPA. These commenters also 
stated that it would be helpful to integrate environmental reporting 
across program areas. However, those commenters that did not support 
the change argued that many of the facilities that comply with the Tier 
II reporting requirement would not have a number because they may not 
have to comply with other environmental programs. Other commenters 
suggested that this data element should be optional.
    Based on our evaluation of the comments, we have decided not to 
require the Facility Identification Number be reported on these forms. 
The Agency agrees with the commenters that some facilities may not have 
a number assigned to them. Also, EPA is aware that many States assign a 
number to their facilities, which is also labeled as ``Facility 
Identification Number.'' EPA believes that facilities could become 
confused with two numbers assigned by EPA and the State. Therefore, 
this data element will not be included on the Tier I and Tier II forms 
at this time.
    The second change that was proposed to the Tier I and Tier II forms 
was to require facilities to report the North American Industry 
Classification System (NAICS) code for their facility on their forms 
instead of the Standard Industrial Classification (SIC) code. The SIC 
codes were replaced by the NAICS codes in 1997. When the proposed rule 
was published in June 1998, facilities were just becoming familiar with 
the new codes and the Agency received many adverse comments on this 
proposed change. Commenters stated that it was premature to require 
this change since the industry is not very familiar with the new codes. 
However, other commenters supported the change to the NAICS code, but 
suggested that the Agency should allow facilities to report both codes 
until the codes are universally accepted.
    Since the rule was first proposed in 1998, the Agency believes that 
facilities should now be familiar with the NAICS codes since they may 
have been using them to comply with other EPA programs. Therefore, as 
proposed, EPA is requiring that facilities use the NAICS code for their 
facility on their Tier I and Tier II forms. The Agency will revise 
these forms to reflect this change.
    Finally, as mentioned in the preamble to the proposed rule, EPA is 
revising the informational requirements to the Tier II form in Sec.  
370.42 to require facilities to report ``chemical name or the common 
name of the chemical as provided on the Material Safety Data Sheet.'' 
Commenters indicated general support for this revision. Therefore, in 
this final action, the Tier II Informational Requirements in Sec.  
370.42 codifies this statutory requirement.

C. Penalties for Noncompliance

    The penalties for noncompliance with the emergency release 
notification and hazardous chemical reporting requirements were stated 
in Sec. Sec.  355.50 and 370.5, respectively. The Tier I and Tier II 
form instructions contained in Sec. Sec.  370.40 and 370.41 also 
included a description of potential penalties for noncompliance with 
the hazardous chemical reporting requirements. In order to streamline 
the regulations, EPA proposed removing these provisions from the CFR, 
since the penalties are already established in the statute. Commenters 
supported this change. Thus, the final rule will not contain this 
language.
    It should also be noted that EPA believes it is appropriate to 
remove the penalty information from this regulation because penalties 
are periodically adjusted and published in the Federal Register in a 
separate action. Under the Debt Collection Improvement Act (DCIA) of 
1996, EPA makes adjustments to the Civil Monetary Penalties at least 
once every four years to account for inflation. Therefore any penalty 
information printed in an EPA regulation would become obsolete once the 
next four year cycle begins. The Agency would need to update every rule 
that contains penalty information; instead, it publishes current 
penalty information for all regulations in the Civil Penalty Inflation 
Adjustment Rule. The most recent publication of the Civil Penalty 
Inflation Adjustment Rule was published in the Federal Register on 
February 13, 2004 (69 FR 7126).

D. Additional Changes to 40 CFR Parts 355 and 370 Regulations

    EPA proposed some minor changes to the regulations in 40 CFR parts 
355 and 370 to make the rules clearer and easier to use. Some of the 
proposed changes included codifying policy statements that EPA has 
provided to the regulated community, clarifying some requirements, and 
restating the statutory requirements. Commenters generally supported 
these changes and thus, the regulations have been amended to reflect 
these changes. As it was stated earlier in this action, EPA has re-
numbered the sections in both 40 CFR parts 355 and 370. Thus, the 
discussion below reflects the re-numbered sections where the changes 
can be found.
     SERC and LEPC--The Agency proposed replacing the phrase 
``State Emergency Response Commission'' with SERC and the phrase 
``Local Emergency

[[Page 65458]]

Planning Committee'' with LEPC in 40 CFR parts 355 and 370, since these 
terms are now commonly used by the regulated community and the public. 
Commenters supported this change and EPA is adopting it in this final 
action. These terms are added to the definition sections in 40 CFR 
parts 355 and 370. The definitions of these terms can be found in 
Sec. Sec.  355.61 and 370.66.
     Quantity of an extremely hazardous substance in a 
mixture--The instructions for calculating the quantity of an EHS 
present in a mixture for emergency planning in Sec.  355.30(e)(1), are 
now in Sec.  355.13. The terms ``mixture'' and ``solution'' are both 
used in these instructions. EPA proposed to remove the term 
``solution'' since the definition of the term ``mixture'' includes 
``solution.'' Most commenters supported this change. EPA has also 
replaced the term ``mass'' with the term ``weight,'' which is more 
familiar to the public. For purposes of these regulations, these two 
terms are synonymous. EPA also received comments supporting this 
revision. Both of these proposed changes are finalized in today's 
action. In addition, section 355.13 now includes an example calculation 
to improve understanding of these instructions.
     Extremely Hazardous Substances in solid form--The 
instructions to determine which threshold planning quantity (TPQ) to 
use for an EHS in solid form in Sec.  355.30(e)(2)(i) are now in Sec.  
355.15. EPA proposed to replace the phrases ``exists in'' and ``is 
handled in'' with ``is in'' in these instructions, since this phrase is 
simpler and easier to understand. EPA received comments supporting this 
change and is finalizing it in today's action.
     Facility Emergency Coordinator--The regulations for 
emergency planning first promulgated on April 22, 1987 (52 FR 13395) 
set forth requirements in Sec.  355.30(c) that require the owner or 
operator of a facility to notify the LEPC (or the Governor if there is 
no LEPC) of the name of the facility emergency coordinator or the 
facility representative. In the 1998 proposed rule, EPA proposed that 
the SERC be notified if there is no LEPC, or the Governor if there is 
no SERC. The Agency proposed this change because most States now have 
functioning SERCs than when the regulations were first promulgated in 
April 1987. EPA received comments supporting this revision. In re-
organizing and re-numbering part 355, this requirement is now finalized 
in Sec.  355.20.
    The regulations in Sec.  355.30(c) also require that the name of 
the facility emergency coordinator be provided on or before September 
17, 1987 or 30 days after an LEPC is established, whichever is earlier. 
This notification deadline corresponds to the statutory deadline found 
in EPCRA section 303(d)(1). Neither the statute nor the current 
regulations establish a deadline for providing this information if a 
facility 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), after September 17, 1987 or if a 
new LEPC is established. EPCRA section 302(c) does, however, require 
that, within 60 days after becoming subject to the emergency planning 
requirements, a facility must provide notice that it is subject to 
these requirements. EPA believes that the name 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, the Agency proposed 
this change and new Sec.  355.20 now requires that the name of the 
facility emergency coordinator be provided by September 17, 1987, or 
within 30 days of the establishment of an LEPC (in accordance with the 
statutory deadline 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 action, 
the deadline for notification of the name of the facility emergency 
coordinator is now consistent with the deadline for a facility to 
provide notice that it is subject to the emergency planning 
requirements (see revised Sec.  355.20). Section 355.20 presents a 
summary in table format of the information that is required under 
EPCRA's emergency planning requirements, including the types of 
information reported, required recipients of the information, and 
deadlines for reporting. All commenters supported this revision.
     Emergency Planning Notification.
    Section 355.30 requires that a facility notify the SERC that it is 
subject to the emergency planning requirements under EPCRA section 302. 
EPA proposed that the LEPC also be notified. This would be consistent 
with section 302(c) of EPCRA, which requires that an owner or operator 
notify the SERC and LEPC when his facility becomes subject to the 
emergency planning requirements. This revised notification requirement 
is now in Sec.  355.20.
    In order for the regulations to be consistent with the statutory 
requirements in EPCRA section 303(d)(1), the Agency proposed to add 
``within 30 days after establishment of an LEPC'' in Sec.  355.20. 
Prior to the revisions finalized in this rulemaking, Sec.  355.30(b) 
only stated that the notification be provided on or before May 17, 1987 
or within 60 days after a facility first becomes subject to the 
requirements. Commenters supported these revisions, although we decided 
to re-phrase it as ``within 30 days after an LEPC is established.'' The 
table in Sec.  355.20 now includes this phrase for emergency planning 
notification and facility emergency coordinator.
    In the process of rewriting the regulations in plain language 
format, EPA realized that the dates, May 17, 1987 and September 17, 
1987 in Sec.  355.30 for emergency planning notification and facility 
emergency coordinator are no longer applicable. Therefore, EPA decided 
to remove those dates from the revised regulations in Sec.  355.20.
     Changes relevant to emergency planning.
    Prior to the revisions finalized in this rulemaking, Sec.  
355.30(d) stated that facility owners or operators were required to 
inform the LEPC of any changes occurring at the facility which may be 
relevant to emergency planning. In re-designating all the sections in 
this part, EPA proposed that this requirement be in Sec.  355.20 and to 
include the term ``promptly'' in order to be consistent with EPCRA 
section 303(d)(2). Commenters supported this revision, but suggested 
that the Agency provide a specific time period, such as 10, 20 or 30 
days, rather than using a vague term. EPA agrees with the commenters, 
but also notes that the changes that may occur at a facility could be 
important for developing and maintaining emergency plans. Therefore, 
EPA is requiring that information about changes at a facility relevant 
to emergency planning must be submitted within 30 days of such changes. 
Changes relevant to emergency planning may include, but not be limited 
to, notifying that facility is no longer in operation, new EHSs are 
present at the facility, EHSs are moved to a different location at the 
facility, EHSs are no longer present at the facility, etc.
     Format for emergency planning and release notifications.
    Since the promulgation of the final rule on April 22, 1987 (52 FR 
13379), EPA's policy has been that emergency planning notification 
under EPCRA section 302 should be provided in writing. However, the 
regulations do not specify how emergency planning notification shall be 
provided. In this

[[Page 65459]]

action, EPA has added a new section 355.21, to codify our existing 
policy to recommend that facilities provide emergency planning 
notification in writing.
    EPA also proposed to add section 355.41 to the emergency release 
notification under the EPCRA section 304 requirements which clarifies 
that the initial notification should be oral and the follow-up 
notification should be in writing. EPA does not specify a particular 
format, but does note that an LEPC may request a specific format for 
submission of this information. Commenters supported both of these 
revisions.
     24-hour time period for release notification.
    The emergency release notification requirements in Sec.  355.40 do 
not indicate the time period in which 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). EPA's interpretation has been that the 24-
hour time period under CERCLA also applies to EPCRA. This time period 
was proposed and is now added to the regulations in Sec.  355.33, which 
states that the ``release of a reportable quantity * * * within any 24-
hour period'' triggers the emergency release notification requirements. 
Commenters supported this revision.
     Releases during transportation.
    The emergency release notification requirements that apply to the 
release of a substance during transportation (or storage incident to 
transportation) in Sec.  355.40(b)(4)(ii) are now in Sec.  355.42(b). 
EPA proposed to remove the term ``transportation-related release'' and 
its definition from this section since this term may add confusion to 
the requirements. EPA also proposed to revise this requirement to be 
consistent with the language in the statute in section 304(b)(1). The 
statute states: ``* * * with respect to transportation of a substance 
subject to the requirements of this section, or storage incident to 
such transportation, the notice * * * calling the operator.'' EPA 
believes that the requirement is easier to understand if the term 
``transportation-related release'' is removed from the regulations and 
replaced with the words ``release during transportation and storage 
incident to transportation.'' Commenters supported this revision.
     Releases that are continuous.
    Under the definitions in 40 CFR 302.8(b), a release that is 
continuous and stable in quantity and rate qualifies for reduced 
reporting requirements under EPCRA. The requirements for reporting 
continuous releases in Sec.  355.40(a)(2)(iii) are now in Sec.  355.32. 
Continuous releases are subject to four notification requirements. As 
stated in the proposed rule, these notification requirements have been 
reorganized in today's action in order to clarify that the community 
emergency coordinator of the LEPC and the SERC of any State that is 
likely to be affected by the release must be notified in each of the 
four release notifications (in addition to the notifications required 
under 40 CFR 302.8). Commenters supported this revision.
     State or local format for reporting inventory information.
    One of the main goals of the June 1998 proposed rule was to provide 
flexibility for SERCs and LEPCs with respect to the manner in which 
information is reported under EPCRA sections 311 and 312. Sections 
370.40 and 370.41 proposed flexibility in that State or local forms 
could be used for reporting inventory information, as long as the 
content is identical to the uniform Federal forms (Tier I or Tier II 
forms). EPA is revising these provisions so that the use of a State or 
local format is allowed, as proposed. The provisions allow the 
submittal of inventory information in a variety of ways, including 
electronic, as long as all the information required under the statute 
and its implementing regulations is provided. These revisions are set 
forth in Sec.  370.40. Commenters supported this revision.
    EPA also proposed that, when using State or local formats for 
reporting inventory information, the use of State or local codes for 
weight ranges are allowed, provided that the weight ranges are no 
broader than those provided in Sec.  370.43. EPA also proposed that 
State or local codes for storage types and conditions can be used 
provided that the codes specify the same or more detailed information 
as that specified in Sec.  370.43. As proposed, the Agency has added 
paragraph (d) to Sec.  370.43, allowing this flexibility. Commenters 
supported this revision.
     SERC or LEPC response to a request for Tier II information 
within 45 days.
    In order to be consistent with the language in EPCRA section 
312(e)(3)(D), EPA proposed to add, ``A SERC or LEPC must respond to a 
request for Tier II information * * * within 45 days of receiving such 
a request.'' Section 370.61(b) in today's action adds this new 
requirement. Commenters supported this revision.

E. Definitions

    EPA proposed to combine all definitions found in both 40 CFR parts 
355 and 370 into one section at the end of 40 CFR part 355 in order to 
improve the readability of the rule. By placing the consolidated 
definitions section at the end of 40 CFR part 355, the reader would not 
have to read through all of the definitions before seeing how they are 
used in the text. EPA sought comments on whether these changes improve 
the readability of the rule. Many of the commenters suggested that both 
40 CFR parts 355 and 370 should have a definition section. Therefore, 
EPA will include a definition section at the end of each part in Sec.  
355.61 and Sec.  370.66 under the heading ``How are key words in this 
part defined?''
    EPA also proposed some minor revisions to some of the terms found 
in the definition section for 40 CFR parts 355 and 370. The Agency is 
finalizing all of the changes, as proposed.
     Act. The term ``Act,'' used to define ``the Superfund 
Amendments and Reauthorization Act of 1986'' in 40 CFR part 355, has 
been removed from the definition section. Each of the laws, the 
Emergency Planning and Community Right-to-Know Act (EPCRA) and the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) are used in today's action by name of the Act. Therefore, EPA 
decided to remove the term ``Act.'' Commenters supported this revision.
     SERC or LEPC. The terms ``commission'' and ``committee'' 
have been replaced with ``SERC'' and ``LEPC.'' Commenters supported 
this revision.
     EPCRA and OSHA. The definitions of these acronyms are 
added to the definition sections as proposed. Commenters supported this 
revision.
     Facility. The final rule, published on July 26, 1990 (55 
FR 30634), revised the definition of facility for both 40 CFR parts 355 
and 370 to clarify that the definition includes subsurface structures 
that are man-made or natural structures into which hazardous chemicals 
are purposefully placed or removed through human means, such that the 
structures function as a containment structure. The purpose of this 
revision was to clarify that the term ``structures'' in the definition 
of ``facility'' is not limited to surface structures, but also includes 
subsurface structures. However, the Agency inadvertently omitted the 
phrase ``all natural structures in which chemicals are purposefully 
placed or removed through human means such that it functions as a 
containment structure for

[[Page 65460]]

human use'' in 40 CFR part 355. EPA intended both 40 CFR parts 355 and 
370 to have the same definition. This discrepancy is being corrected in 
this final rule.
    EPA received a total of five comments; two commenters supported 
this change and one provided a comment that was outside the scope of 
the proposed rule. Two other commenters requested that EPA re-confirm 
the policy that the Agency issued in a letter dated October 25, 1990, 
to the American Petroleum Institute (API).
    In that letter, EPA clarified that oil and gas deposits with 
indefinite boundaries are not structures within the definition of 
facility and therefore not considered part of the ``facility.'' 
However, natural structures that function as containment structures, 
such as a cave or a salt dome which have more definite boundaries are 
considered structures within the definition of ``facility.'' EPA 
concluded that, for emergency planning, emergency release notification, 
and hazardous chemical reporting, the definition of ``facility'' does 
not include oil or gas deposits and thus, is re-confirming this policy 
today.
     Hazardous Substances. The terms ``CERCLA hazardous 
substances'' and ``extremely hazardous substances'' were proposed to be 
placed together in the definition section under the term ``hazardous 
substances'' in order to eliminate the confusion between them. EPA 
received two comments that supported this minor change. However, one 
commenter suggested that ``CERCLA hazardous substances'' and 
``extremely hazardous substances'' should be separate items in the 
definition in order to make it easier to locate these terms. EPA 
decided to keep both terms as separate entries in the definition 
section of 40 CFR part 355.
     Hazardous Chemical. Two organizational changes were 
proposed to improve the clarity of this definition. The first was to 
re-format the list of the exceptions to the term. The second was to 
move the phrase ``present in the same form and concentration as a 
product packaged for distribution and use by the general public'' to 
the exceptions to the definition of the term ``hazardous chemical.'' 
Prior to the revisions in this rulemaking, this phrase was defined 
separately in the definition section. The Agency believes that 
including this phrase in the list of exceptions to the term ``hazardous 
chemical'' will assist the reader to better understand its meaning. EPA 
received one comment that supported this revision. One commenter, 
however, argued that this exemption should not be allowed since many 
products sold to the general public are extremely dangerous. While EPA 
agrees that some products sold to the general public may pose a danger, 
the statute provides exemptions from the term ``hazardous chemical'' 
and EPA is only restating the statutory exemption in the definition 
section. Thus, this change is being finalized today.
     Inventory form. The Tier I and Tier II forms have been 
removed from the regulations in 40 CFR part 370 as discussed previously 
in the preamble. However, this term is kept in the definition section 
in 40 CFR part 370 and is revised to indicate that the information 
requirements for these forms can be found in Sec. Sec.  370.40 through 
370.45. EPA received two comments that supported this revision.
     Medium or media. This term is added to the definition 
section in 40 CFR part 355.
     Mixture. The term ``mixture'' is used in both 40 CFR parts 
355 and 370. However, the definition of this term only appeared in 40 
CFR part 355. Thus, EPA is including this term in the definition 
section of both Sec. Sec.  355.61 and 370.66. EPA also is clarifying 
that the definition of ``mixture'' in 40 CFR part 370 is the same as 
used in 29 CFR 1910.1200(c), since the applicability of 40 CFR part 370 
is based on OSHA's hazard communication standard (29 CFR 1910.1200). 
EPA received one comment that supported this revision. In addition, the 
prior definition to the term ``mixture'' included ``compounds.'' In a 
compound, the various constituents do not retain their individual 
identities, so a ``compound'' should not be treated as a mixture. 
Therefore, as stated in the preamble to the proposed rule, EPA has 
decided to remove the term ``compound'' from the definition of mixture.
     Reportable Quantity. Prior to the revisions in this 
rulemaking, the definition of the term ``reportable quantity'' stated 
that ``for any CERCLA hazardous substance, its reportable quantity is 
established in Table 302.4 of 40 CFR part 302, for such substance. For 
any other substance, the reportable quantity is one pound.'' EPA 
proposed and is revising this definition to add the phrase ``for any 
extremely hazardous substance, its reportable quantity means the 
reportable quantity established in appendices A and B of this part.'' 
EPA also proposed and is adding the phrase, ``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.'' Commenters supported this revision.
     Threshold Planning Quantity. The term ``threshold planning 
quantity'' only appeared in the definition section in 40 CFR part 355. 
Since this term is also used in 40 CFR part 370, this term will also be 
included in the definition section in 40 CFR part 370. EPA received one 
comment that supported this revision.
     Tribe. As proposed, the term ``Tribe'' is placed with the 
definition of Indian Tribe. These terms will appear in the definition 
section in both 40 CFR parts 355 and 370. EPA received one comment that 
supported this revision.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), 
this action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under EO 12866 and any changes made in response to OMB 
recommendations have been documented in the docket for this action.
    This final action only includes minor revisions to 40 CFR parts 355 
and 370, codifies statutory requirements, and clarifies certain 
interpretations and policy statements that EPA has provided to the 
regulated community. In addition, this final action is re-written in a 
plain language format, including adding tables and examples, to assist 
the regulated community better understand the requirements.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This final action only includes minor revisions to 40 CFR parts 355 and 
370, codifies statutory requirements, and clarifies certain 
interpretations and policy statements that EPA has provided to the 
regulated community. This final action also is re-written in a plain 
language format to assist the regulated community better understand the 
requirements.
    However, OMB has previously approved the information collection 
requirements contained in the existing regulations at 40 CFR parts 355 
and 370 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq. and has assigned OMB control numbers 2050-0092 and 2050-
0072, EPA ICR numbers 1395.06 and 1352.10, respectively.

[[Page 65461]]

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity. 
Small entities are defined as: (1) A small business as defined by the 
Small Business Administration's (SBA) regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any ``not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' However, the RFA also authorizes an agency to 
use alternative definitions for each category of small entity, ``which 
are appropriate to the activities of the agency'' after proposing the 
alternative definition(s) in the Federal Register and taking comment. 5 
U.S.C. 601(3)-(5). In addition, to establish an alternative small 
business definition, agencies must consult with SBA's Chief Counsel for 
Advocacy.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives, ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This final action only includes minor revisions to 40 CFR parts 355 
and 370, codifies statutory requirements, and clarifies certain 
interpretations and policy statements that EPA has provided to the 
regulated community. This final action also re-writes the regulations 
in a plain language format to assist the regulated community to better 
understand the requirements. We have therefore concluded that today's 
final action will relieve regulatory burden for all affected small 
entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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, sections 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. This final action only includes 
minor revisions to 40 CFR parts 355 and 370, codifies statutory 
requirements, and clarifies certain interpretations and policy 
statements that EPA has provided to the regulated community. This final 
action also is re-written in a plain language format to assist the 
regulated community better understand the requirements. Most of the 
revisions included in this final action, including the plain language 
rewrite, are intended to help the States, Tribal governments and local 
government agencies better explain the requirements and implement the 
program under EPCRA. Thus, this rule does not impose any requirements 
on State, local or tribal governments.

E. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local government officials 
in the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' is 
defined in the Executive Order to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This final action only includes 
minor revisions to 40 CFR parts 355 and 370, codifies statutory 
requirements, and clarifies certain interpretations and policy 
statements that EPA has provided to the regulated community. This final 
action also is re-written in a plain language format to assist the 
regulated community to better understand the requirements. Most of the 
revisions included in this final action, including the plain language 
rewrite, are intended to help the States, Tribal governments and local 
agencies. These entities will be able to better explain the 
requirements and implement the program under EPCRA. This rule does not 
impose any requirements on State, local or tribal governments. Thus, 
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to

[[Page 65462]]

ensure ``meaningful and timely input by tribal officials in the 
development of regulatory policies that have tribal implications.'' 
This final rule does not have tribal implications, as specified in 
Executive Order 13175. This final action only includes minor revisions 
to 40 CFR parts 355 and 370, codifies statutory requirements, and 
clarifies certain interpretations and policy statements that EPA has 
provided to the regulated community. This final action also is re-
written in a plain language format to assist the regulated community to 
better understand the requirements. Most of the revisions included in 
this final action, including the plain language rewrite are intended to 
help Tribal governments, so these entities can better explain the 
requirements and implement the program under EPCRA. This rule does not 
impose any requirements on State, local or tribal governments. Thus, 
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045

    This action is not subject to EO 13045 (62 FR 19885, April 23, 
1997) because it is not economically significant as defined in EO 
12866, and because the Agency does not believe the environmental health 
or safety risks addressed by this action present a disproportionate 
risk to children. This final action only includes minor revisions to 40 
CFR parts 355 and 370, codifies statutory requirements, and clarifies 
certain interpretations and policy statements that EPA has provided to 
the regulated community. This final action also is re-written in a 
plain language format to assist the regulated community better 
understand the requirements.

H. Executive Order 13211 (Energy Effects)

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This final action only includes minor 
revisions to 40 CFR parts 355 and 370, codifies statutory requirements, 
and clarifies certain interpretations and policy statements that EPA 
has provided to the regulated community. This final action also is re-
written in a plain language format to assist the regulated community 
better understand the requirements.
    Under Executive Order 12866, this action is a ``significant 
regulatory action''. Accordingly, EPA submitted this action to the 
Office of Management Budget (OMB) for review under EO 12866 and any 
changes made in response to OMB recommendations have been documented in 
the docket for this action.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
would otherwise be impractical. Voluntary consensus standards are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations of when the Agency 
decides not to use available and applicable voluntary consensus 
standards. This action does not involve technical standards. Therefore, 
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule does not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This final action only includes minor revisions to 40 CFR 
parts 355 and 370, codifies statutory requirements, and clarifies 
certain interpretations and policy statements that EPA has provided to 
the regulated community. This final action also is re-written in a 
plain language format to assist the regulated community in better 
understanding the requirements. In addition, this final action does not 
affect public access to any of the information provided under the 
Emergency Planning Notification, Emergency Release Notification and 
Hazardous Chemical Reporting regulations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to the publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Parts 355 and 370

    Environmental protection, Chemicals, Hazardous substances, 
Penalties, Reporting and recordkeeping requirements, Superfund.

    Dated: October 17, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter 1 of the 
Code of Federal Regulations is amended as follows:
0
1. Part 355 is revised to read 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 keywords 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 an extremely hazardous 
substance present in mixtures?
355.14 Do I have to aggregate extremely hazardous substances to 
determine the total quantity present?

[[Page 65463]]

355.15 Which threshold planning quantity do I use for an extremely 
hazardous substance 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 In what format should the information be submitted?
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 What release 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 In what format should the information be submitted?
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 keywords in this part defined?

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

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

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

Subpart A--General Information


Sec.  355.1  What is the purpose of this part?

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


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

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


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

    The definitions of key words used in this part are in Sec.  355.61. 
It is important to read the definitions for these key words because the 
definition explains the word's specific meaning associated with the 
regulations in this part.

Subpart B--Emergency Planning

Who Must Comply


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

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


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

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


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

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


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

    If an EHS is present in a mixture in a particular container, 
determine the quantity (in pounds) of the EHS in that container by 
multiplying the concentration of the EHS (in weight percent) by the 
weight (in pounds) of the mixture in the container. If the 
concentration of an EHS is less than or equal to one percent in the 
mixture, you do not have to count that EHS. Here is an example 
calculation:
    Example: You have 150 pounds of a mixture that contains 20 
weight percent of a certain EHS. The quantity of EHS present in the 
mixture is:

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


Sec.  355.14  Do I have to aggregate extremely hazardous substances to 
determine the total quantity present?

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


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

    EHSs 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. Here is how to 
determine which of the two listed TPQs you must use for an

[[Page 65464]]

EHS present at your facility in solid form:
    (a) Use the lower TPQ from Appendices A and B of this part if the 
solid:
    (1) Is in powdered form and has a particle size less than 100 
microns;
    (2) Is in solution;
    (3) Is in molten form; or
    (4) Meets the criteria for a National Fire Protection Association 
(NFPA) rating of 2, 3 or 4 for reactivity.
    Note to paragraph (a): Use the instructions in Sec.  355.16 to 
calculate the quantity present for the categories of solids listed in 
paragraphs (a)(1), (2) and (3) of this section.
    (b) If the solid does not meet one of the criteria in paragraph (a) 
of this section, then the TPQ is 10,000 pounds.


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

    For the three forms of solids that are listed in Sec.  355.15(a)(1) 
through (3), 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 
solution in a particular container by the total weight of solution in 
the container.
    (c) Solid in molten form. Multiply the weight of solid in molten 
form by 0.3.

How to Comply


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

    Use this table to determine the information you must provide, who 
to provide it to, and when:

----------------------------------------------------------------------------------------------------------------
   What types of emergency planning    What information must I   To whom must I provide  When must I provide the
      notification are required?               provide?            the  information?           information?
----------------------------------------------------------------------------------------------------------------
(a) Emergency planning notification..  You must provide notice  To the SERC and the      Within 60 days after
                                        that your facility is    LEPC.                    your facility first
                                        subject to the                                    becomes subject to the
                                        emergency planning                                requirements of this
                                        requirements of this                              subpart. If no LEPC
                                        subpart.                                          exists for your
                                                                                          facility at the time
                                                                                          you are required to
                                                                                          provide emergency
                                                                                          planning notification,
                                                                                          then you should report
                                                                                          to the LEPC within 30
                                                                                          days after an LEPC is
                                                                                          established for the
                                                                                          emergency planning
                                                                                          district in which your
                                                                                          facility is located.
(b) Facility emergency coordinator...  You must designate a     To the LEPC (or the      Within 60 days after
                                        facility                 SERC if there is no      your facility first
                                        representative who       LEPC, or the Governor    becomes subject to the
                                        will participate in      if there is no SERC).    requirements of this
                                        the local emergency                               subpart. If no LEPC
                                        planning process as a                             exists when you first
                                        facility emergency                                report, then provide
                                        response coordinator.                             an additional report
                                        You must provide                                  to the LEPC within 30
                                        notice of this                                    days after such LEPC
                                        facility                                          is established for the
                                        representative.                                   emergency planning
                                                                                          district in which your
                                                                                          facility is located.
(c) Changes relevant to emergency      You must provide notice  To the LEPC............  Within 30 days after
 planning.                              of any changes                                    the changes have
                                        occurring at your                                 occurred.
                                        facility that may be
                                        relevant to emergency
                                        planning.
(d) Requested information............  You must provide any     To the LEPC............  Promptly. Note: The
                                        information necessary                             LEPC may specify a
                                        for developing or                                 time frame for this
                                        implementing the local                            information.
                                        emergency plan if the
                                        LEPC requests it.
----------------------------------------------------------------------------------------------------------------

Sec.  355.21  In what format should the information be submitted?

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

Subpart C--Emergency Release Notification

Who Must Comply


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

    You must comply with the emergency release notification 
requirements in this subpart if both of these two conditions are met:
    (a) You produce, use, or store a hazardous chemical at your 
facility; and
    (b) You release a reportable quantity (RQ) of any EHS or of a 
hazardous substance as defined by the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA Hazardous Substance) 
at your facility. Certain releases are exempted from these 
requirements. Exempted releases are listed in Sec.  355.31.
    Note to paragraph (b): In addition to the emergency release 
notification requirements of this subpart, releases of CERCLA hazardous 
substances are subject to the notification requirements under CERCLA. 
This is explained further in subpart D of this part.


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

    You do not have to provide emergency release notification under 
this subpart for any of the following six 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 
reporting under section 103(e) of CERCLA.
    (d) Any release that does not meet the definition of release under 
section

[[Page 65465]]

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 (not beneficiated or processed) 
materials; and replacing in mined-out areas coal ash, earthen materials 
from farming or construction, or overburden or other raw materials 
generated from the exempted mining activities.
    (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.
    (f) Any release less than 1,000 pounds per 24 hours of nitrogen 
oxide or nitrogen dioxide to the air which is the result of combustion 
and combustion related activities.


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

    If the release of an EHS or CERCLA hazardous substance is 
continuous and stable in quantity and rate at your facility as defined 
in 40 CFR 302.8(b), then the release qualifies for reduced reporting 
requirements under this subpart. Under these reduced reporting 
requirements, you do not need to provide the notifications required 
under Sec.  355.40. However, in addition to the notifications required 
under 40 CFR 302.8, you must make all of the following notifications to 
the community emergency coordinator for the LEPC for any area likely to 
be affected by the release and to the SERC of any State likely to be 
affected by the release:
    (a) Initial notifications as specified in 40 CFR 302.8 (d) and (e).
    (b) Notification of a ``statistically significant increase,'' 
defined in 40 CFR 302.8(b) as any increase above the upper bound of the 
reported normal range.
    (c) Notification of a ``new release'' as specified in 40 CFR 
302.8(g)(1).
    (d) Notification of a change in the normal range of the release as 
specified under 40 CFR 302.8(g)(2).


Sec.  355.33  What release 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. RQs for EHSs are listed in 
Appendices A and B of this part in the column labeled ``reportable 
quantity.'' RQs for CERCLA hazardous substances are listed in Table 
302.4 of 40 CFR 302.4 in the column labeled ``final RQ.''

How To Comply


Sec.  355.40  What information must I provide?

    You must make two separate notifications to comply with the 
emergency release notification requirements of this subpart: an 
immediate notification, and as soon as practicable thereafter a written 
follow-up emergency notification (or notifications, as more information 
becomes available).
    (a) Immediate notification. The notice required under this section 
shall include as much of the following information known at the time. 
However, the retrieval of this information should not cause a delay in 
the notification on the emergency response.
    (1) The chemical name or identity of any substance involved in the 
release.
    (2) Indicate whether the substance is an EHS.
    (3) Provide an estimate of the quantity of any such substance that 
was released into the environment.
    (4) State 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 
that occur during transportation or from 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 provide 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 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.
    (c) You are not required to submit a written follow-up notification 
for a release that occurred during transportation or from storage 
incident to transportation. See Sec.  355.42(b) for requirements for 
reporting such releases.


Sec.  355.41  In what format should the information be submitted?

    The immediate notification, described in Sec.  355.40(a), should be 
oral. The follow-up emergency notification, described in Sec.  
355.40(b), shall be in writing. EPA does not specify a particular 
format for the written follow-up emergency notification.
    Note: The LEPC may request a specific format for this information.


Sec.  355.42  To whom must I submit the information?

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


Sec.  355.43  When must I submit the information?

    (a) You must provide the required emergency release notification

[[Page 65466]]

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

Subpart D--Additional Provisions


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

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

------------------------------------------------------------------------
                                  And if the release  And if the release
  If a reportable quantity of a      is reportable       is reportable
 substance is released within a       under EPCRA        under CERCLA
 24-hour period at your facility   Section 304, you    Section 103, you
                                         must                must
------------------------------------------------------------------------
(a) And the substance is on BOTH  Notify the LEPC     Comply with the
 the list of EHSs (Appendices A    and the SERC in     release
 and B of this part) AND the       accordance with     notification
 list of CERCLA Hazardous          Sec.  Sec.          requirements of
 Substances (40 CFR 302.4).        355.40 through      CERCLA section
                                   355.43 of this      103 and its
                                   part (except for    implementing
                                   a release during    regulations (40
                                   transportation or   CFR part 302).
                                   from storage        Call the NRC at
                                   incident to         800-424-8802.
                                   transportation;
                                   see Sec.
                                   355.42(b)).
(b) And the substance is on the   Notify the LEPC     Comply with the
 list of CERCLA Hazardous          and the SERC, in    release
 Substances (40 CFR 302.4) and     accordance with     notification
 not on the list of EHSs           Sec.  Sec.          requirements of
 (Appendices A and B of this       355.40 through      CERCLA section
 part).                            355.43 of this      103 and its
                                   part (except for    implementing
                                   a release during    regulations (40
                                   transportation or   CFR part 302).
                                   from storage        Call the NRC at
                                   incident to         800-424-8802.
                                   transportation;
                                   see in Sec.
                                   355.42(b)).
(c) And the substance is on the   Notify the LEPC
 list of EHSs (Appendices A and    and the SERC in
 B of this part) and not the       accordance with
 list of CERCLA Hazardous          Sec.  Sec.
 Substances (40 CFR 302.4).        355.40 through
                                   355.43 of this
                                   part (except for
                                   a release during
                                   transportation or
                                   from storage
                                   incident to
                                   transportation;
                                   see Sec.
                                   355.42(b)) .
------------------------------------------------------------------------
Note: This table only applies to reportable releases, not to exempt
  releases.

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

    CERCLA means the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended.
    CERCLA hazardous substance means a substance defined in section 
101(14) of CERCLA and listed in Table 302.4 of 40 CFR 302.4.
    Chief Executive Officer of the Tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the Tribe.
    Environment includes water, air, and land and the interrelationship 
that exists among and between water, air, and land and all living 
things.
    EPCRA means the Emergency Planning and Community Right-To-Know Act 
of 1986.
    Extremely hazardous substance (EHS) means a substance listed in 
Appendices A and B of this part.
    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.
    Hazardous chemical means any hazardous chemical as defined under 29 
CFR 1910.1200(c), except that this term does not include:
    (1) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (2) Any substance present as a solid in any manufactured item to 
the extent exposure to the substance does not occur under normal 
conditions of use.
    (3) Any substance to the extent it is used:
    (i) For personal, family, or household purposes, or is present in 
the same form and concentration as a product packaged for distribution 
and use by the general public. Present in the same form and 
concentration as a product packaged for distribution and use by the 
general public means a substance packaged in a similar manner and 
present in the same concentration as the substance when packaged for 
use by the general public, whether or not it is intended for 
distribution to the general public or used for the same purpose as when 
it is packaged for use by the general public;
    (ii) In a research laboratory or hospital or other medical facility 
under the direct supervision of a technically qualified individual; or
    (iii) In routine agricultural operations or is a fertilizer held 
for sale by a retailer to the ultimate customer.
    Indian Country means Indian country defined in 18 U.S.C. 1151 as:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian Tribe or Tribe means those Tribes federally recognized by 
the Secretary of the Interior.
    LEPC means the Local Emergency Planning Committee appointed by the 
State Emergency Response Commission.
    Medium or media means the environment (i.e., air, water, land).
    Mixture means, for the purposes of 40 CFR part 355, a heterogeneous 
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.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation),

[[Page 65467]]

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, EHS, or CERCLA hazardous substance.
    Reportable quantity means, for any CERCLA hazardous substance, the 
quantity established in Table 302.4 of 40 CFR 302.4, for such 
substance. For any EHS, reportable quantity means the 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 means the State 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 a SERC for a State or 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 means, for a substance listed in 
Appendices A and B of this part, the quantity listed in the column 
``threshold planning quantity'' for that substance.

   Appendix A to Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
                                              [Alphabetical Order]
----------------------------------------------------------------------------------------------------------------
                                                                                 Reportable        Threshold
             CAS No.                     Chemical name             Notes         quantity *    planning quantity
                                                                                  (pounds)          (pounds)
----------------------------------------------------------------------------------------------------------------
75-86-5..........................  Acetone Cyanohydrin.....  ................              10              1,000
1752-30-3........................  Acetone                   ................           1,000       1,000/10,000
                                    Thiosemicarbazide.
107-02-8.........................  Acrolein................  ................               1                500
79-06-1..........................  Acrylamide..............  f...............           5,000       1,000/10,000
107-13-1.........................  Acrylonitrile...........  f...............             100             10,000
814-68-6.........................  Acrylyl Chloride........  d...............             100                100
111-69-3.........................  Adiponitrile............  f...............           1,000              1,000
116-06-3.........................  Aldicarb................  b...............               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......  a...............             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.................  f...............             100                500
300-62-9.........................  Amphetamine.............  ................           1,000              1,000
62-53-3..........................  Aniline.................  f...............           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.............  b...............           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..........  d...............               1         100/10,000
7784-34-1........................  Arsenous Trichloride....  ................               1                500
7784-42-1........................  Arsine..................  ................             100                100
2642-71-9........................  Azinphos-Ethyl..........  ................             100         100/10,000
86-50-0..........................  Azinphos-Methyl.........  ................               1          10/10,000
98-87-3..........................  Benzal Chloride.........  ................           5,000                500
98-16-8..........................  Benzenamine, 3-           ................             500                500
                                    (Trifluoromethyl)-.
100-14-1.........................  Benzene, 1-               ................             500         500/10,000
                                    (Chloromethyl)-4-Nitro-.
98-05-5..........................  Benzenearsonic Acid.....  ................              10          10/10,000
3615-21-2........................  Benzimidazole, 4,5-       c...............             500         500/10,000
                                    Dichloro-2-
                                    (Trifluoromethyl)-.
98-07-7..........................  Benzotrichloride........  ................              10                100
100-44-7.........................  Benzyl Chloride.........  ................             100                500
140-29-4.........................  Benzyl Cyanide..........  d...............             500                500
15271-41-7.......................  Bicyclo[2.2.1]Heptane-2-  ................             500         500/10,000
                                    Carbonitrile, 5-Chloro-
                                    6-
                                    ((((Methylamino)Carbony
                                    l)Oxy)Imino)-, (1s-(1-
                                    alpha,2-beta,4-alpha,5-
                                    alpha,6E))-.
534-07-6.........................  Bis(Chloromethyl) Ketone  ................              10          10/10,000
4044-65-9........................  Bitoscanate.............  ................             500         500/10,000
10294-34-5.......................  Boron Trichloride.......  ................             500                500
7637-07-2........................  Boron Trifluoride.......  ................             500                500
353-42-4.........................  Boron Trifluoride         ................           1,000              1,000
                                    Compound With Methyl
                                    Ether (1:1).
28772-56-7.......................  Bromadiolone............  ................             100         100/10,000
7726-95-6........................  Bromine.................  f...............             500                500
1306-19-0........................  Cadmium Oxide...........  ................             100         100/10,000

[[Page 65468]]


2223-93-0........................  Cadmium Stearate........  b...............           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-,   ................             100         100/10,000
                                    O-(((2,4-Dimethyl-1, 3-
                                    Dithiolan-2-
                                    yl)Methylene)Amino)-.
1563-66-2........................  Carbofuran..............  ................              10          10/10,000
75-15-0..........................  Carbon Disulfide........  f...............             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....  d...............             100         100/10,000
79-11-8..........................  Chloroacetic Acid.......  ................             100         100/10,000
107-07-3.........................  Chloroethanol...........  ................             500                500
627-11-2.........................  Chloroethyl               ................           1,000              1,000
                                    Chloroformate.
67-66-3..........................  Chloroform..............  f...............              10             10,000
542-88-1.........................  Chloromethyl Ether......  d...............              10                100
107-30-2.........................  Chloromethyl Methyl       b...............              10                100
                                    Ether.
3691-35-8........................  Chlorophacinone.........  ................             100         100/10,000
1982-47-4........................  Chloroxuron.............  ................             500         500/10,000
21923-23-9.......................  Chlorthiophos...........  d...............             500                500
10025-73-7.......................  Chromic Chloride........  ................               1           1/10,000
62207-76-5.......................  Cobalt, ((2,2'-(1,2-      ................             100         100/10,000
                                    Ethanediylbis
                                    (Nitrilomethylidyne))
                                    Bis(6-
                                    Fluorophenolato))(2-)-
                                    N,N',O,O')-.
10210-68-1.......................  Cobalt Carbonyl.........  d...............              10          10/10,000
64-86-8..........................  Colchicine..............  d...............              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.........  f...............          10,000             10,000
17702-41-9.......................  Decaborane(14)..........  ................             500         500/10,000
8065-48-3........................  Demeton.................  ................             500                500
919-86-8.........................  Demeton-S-Methyl........  ................             500                500
10311-84-9.......................  Dialifor................  ................             100         100/10,000
19287-45-7.......................  Diborane................  ................             100                100
111-44-4.........................  Dichloroethyl ether.....  ................              10             10,000
149-74-6.........................  Dichloromethylphenylsila  ................           1,000              1,000
                                    ne.
62-73-7..........................  Dichlorvos..............  ................              10              1,000
141-66-2.........................  Dicrotophos.............  ................             100                100
1464-53-5........................  Diepoxybutane...........  ................              10                500
814-49-3.........................  Diethyl Chlorophosphate.  d...............             500                500
71-63-6..........................  Digitoxin...............  b...............             100         100/10,000
2238-07-5........................  Diglycidyl Ether........  ................           1,000              1,000
20830-75-5.......................  Digoxin.................  d...............              10          10/10,000
115-26-4.........................  Dimefox.................  ................             500                500
60-51-5..........................  Dimethoate..............  ................              10         500/10,000
2524-03-0........................  Dimethyl                  ................             500                500
                                    Phosphorochloridothioat
                                    e.
77-78-1..........................  Dimethyl sulfate........  ................             100                500
75-78-5..........................  Dimethyldichlorosilane..  d...............             500                500
57-14-7..........................  Dimethylhydrazine.......  ................              10              1,000
99-98-9..........................  Dimethyl-p-               ................              10          10/10,000
                                    Phenylenediamine.
644-64-4.........................  Dimetilan...............  ................               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

[[Page 65469]]


152-16-9.........................  Diphosphoramide,          ................             100                100
                                    Octamethyl-.
298-04-4.........................  Disulfoton..............  ................               1                500
514-73-8.........................  Dithiazanine Iodide.....  ................             500         500/10,000
541-53-7.........................  Dithiobiuret............  ................             100         100/10,000
316-42-7.........................  Emetine, Dihydrochloride  d...............               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.........  f...............             100              1,000
2104-64-5........................  EPN.....................  ................             100         100/10,000
50-14-6..........................  Ergocalciferol..........  b...............           1,000       1,000/10,000
379-79-3.........................  Ergotamine Tartrate.....  ................             500         500/10,000
1622-32-8........................  Ethanesulfonyl Chloride,  ................             500                500
                                    2-Chloro-.
10140-87-1.......................  Ethanol, 1,2-Dichloro-,   ................           1,000              1,000
                                    Acetate.
563-12-2.........................  Ethion..................  ................              10              1,000
13194-48-4.......................  Ethoprophos.............  ................           1,000              1,000
538-07-8.........................  Ethylbis(2-               d...............             500                500
                                    Chloroethyl)Amine.
371-62-0.........................  Ethylene Fluorohydrin...  b, d............              10                 10
75-21-8..........................  Ethylene Oxide..........  f...............              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...........  d...............             500                500
4301-50-2........................  Fluenetil...............  ................             100         100/10,000
7782-41-4........................  Fluorine................  e...............              10                500
640-19-7.........................  Fluoroacetamide.........  ................             100         100/10,000
144-49-0.........................  Fluoroacetic Acid.......  ................              10          10/10,000
359-06-8.........................  Fluoroacetyl Chloride...  b...............              10                 10
51-21-8..........................  Fluorouracil............  ................             500         500/10,000
944-22-9.........................  Fonofos.................  ................             500                500
50-00-0..........................  Formaldehyde............  f...............             100                500
107-16-4.........................  Formaldehyde Cyanohydrin  d...............           1,000              1,000
23422-53-9.......................  Formetanate               d...............             100         500/10,000
                                    Hydrochloride.
2540-82-1........................  Formothion..............  ................             100                100
17702-57-7.......................  Formparanate............  ................             100         100/10,000
21548-32-3.......................  Fosthietan..............  ................             500                500
3878-19-1........................  Fuberidazole............  ................             100         100/10,000
110-00-9.........................  Furan...................  ................             100                500
13450-90-3.......................  Gallium Trichloride.....  ................             500         500/10,000
77-47-4..........................  Hexachlorocyclopentadien  d...............              10                100
                                    e.
4835-11-4........................  Hexamethylenediamine,     ................             500                500
                                    N,N'-Dibutyl-.
302-01-2.........................  Hydrazine...............  ................               1              1,000
74-90-8..........................  Hydrocyanic Acid........  ................              10                100
7647-01-0........................  Hydrogen Chloride (gas    f...............           5,000                500
                                    only).
7664-39-3........................  Hydrogen Fluoride.......  ................             100                100
7722-84-1........................  Hydrogen Peroxide (Conc   f...............           1,000              1,000
                                    > 52%).
7783-07-5........................  Hydrogen Selenide.......  ................              10                 10
7783-06-4........................  Hydrogen Sulfide........  f...............             100                500
123-31-9.........................  Hydroquinone............  f...............             100         500/10,000
13463-40-6.......................  Iron, Pentacarbonyl-....  ................             100                100
297-78-9.........................  Isobenzan...............  ................             100         100/10,000
78-82-0..........................  Isobutyronitrile........  d...............           1,000              1,000
102-36-3.........................  Isocyanic Acid, 3,4-      ................             500         500/10,000
                                    Dichlorophenyl Ester.
465-73-6.........................  Isodrin.................  ................               1         100/10,000
55-91-4..........................  Isofluorphate...........  b...............             100                100
4098-71-9........................  Isophorone Diisocyanate.  g...............             500                500
108-23-6.........................  Isopropyl Chloroformate.  ................           1,000              1,000
119-38-0.........................  Isopropylmethyl-          ................             100                500
                                    pyrazolyl
                                    Dimethylcarbamate.
78-97-7..........................  Lactonitrile............  ................           1,000              1,000
21609-90-5.......................  Leptophos...............  ................             500         500/10,000
541-25-3.........................  Lewisite................  b, d............              10                 10
58-89-9..........................  Lindane.................  ................               1       1,000/10,000
7580-67-8........................  Lithium Hydride.........  a...............             100                100
109-77-3.........................  Malononitrile...........  ................           1,000         500/10,000
12108-13-3.......................  Manganese, Tricarbonyl    d...............             100                100
                                    Methylcyclopentadienyl.
51-75-2..........................  Mechlorethamine.........  b...............              10                 10
950-10-7.........................  Mephosfolan.............  ................             500                500

[[Page 65470]]


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.......  d...............           1,000                500
920-46-7.........................  Methacryloyl Chloride...  ................             100                100
30674-80-7.......................  Methacryloyloxyethyl      d...............             100                100
                                    Isocyanate.
10265-92-6.......................  Methamidophos...........  ................             100         100/10,000
558-25-8.........................  Methanesulfonyl Fluoride  ................           1,000              1,000
950-37-8.........................  Methidathion............  ................             500         500/10,000
2032-65-7........................  Methiocarb..............  ................              10         500/10,000
16752-77-5.......................  Methomyl................  d...............             100         500/10,000
151-38-2.........................  Methoxyethylmercuric      ................             500         500/10,000
                                    Acetate.
80-63-7..........................  Methyl 2-Chloroacrylate.  ................             500                500
74-83-9..........................  Methyl Bromide..........  f...............           1,000              1,000
79-22-1..........................  Methyl Chloroformate....  d...............           1,000                500
60-34-4..........................  Methyl Hydrazine........  ................              10                500
624-83-9.........................  Methyl Isocyanate.......  ................              10                500
556-61-6.........................  Methyl Isothiocyanate...  a...............             500                500
74-93-1..........................  Methyl Mercaptan........  f...............             100                500
3735-23-7........................  Methyl Phenkapton.......  ................             500                500
676-97-1.........................  Methyl Phosphonic         a...............             100                100
                                    Dichloride.
556-64-9.........................  Methyl Thiocyanate......  ................          10,000             10,000
78-94-4..........................  Methyl Vinyl Ketone.....  ................              10                 10
502-39-6.........................  Methylmercuric            ................             500         500/10,000
                                    Dicyanamide.
75-79-6..........................  Methyltrichlorosilane...  d...............             500                500
1129-41-5........................  Metolcarb...............  ................           1,000         100/10,000
7786-34-7........................  Mevinphos...............  ................              10                500
315-18-4.........................  Mexacarbate.............  d...............           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.............  d...............             500                500
13463-39-3.......................  Nickel Carbonyl.........  ................              10                  1
54-11-5..........................  Nicotine................  b...............             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............  b...............              10                100
98-95-3..........................  Nitrobenzene............  f...............           1,000             10,000
1122-60-7........................  Nitrocyclohexane........  ................             500                500
10102-44-0.......................  Nitrogen Dioxide........  ................              10                100
62-75-9..........................  Nitrosodimethylamine....  d...............              10              1,000
991-42-4.........................  Norbormide..............  ................             100         100/10,000
0................................  Organorhodium Complex     ................              10          10/10,000
                                    (PMN-82-147).
630-60-4.........................  Ouabain.................  b...............             100         100/10,000
23135-22-0.......................  Oxamyl..................  ................             100         100/10,000
78-71-7..........................  Oxetane, 3,3-             ................             500                500
                                    Bis(Chloromethyl)-.
2497-07-6........................  Oxydisulfoton...........  d...............             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...............  b...............              10                100
298-00-0.........................  Parathion-Methyl........  b...............             100         100/10,000
12002-03-8.......................  Paris Green.............  ................               1         500/10,000
19624-22-7.......................  Pentaborane.............  ................             500                500
2570-26-5........................  Pentadecylamine.........  ................             100         100/10,000
79-21-0..........................  Peracetic Acid..........  ................             500                500
594-42-3.........................  Perchloromethylmercaptan  ................             100                500
108-95-2.........................  Phenol..................  ................           1,000         500/10,000
4418-66-0........................  Phenol, 2,2'-Thiobis(4-   ................             100         100/10,000
                                    Chloro-6-Methyl)-.
64-00-6..........................  Phenol, 3-(1-             ................              10         500/10,000
                                    Methylethyl)-,
                                    Methylcarbamate.
58-36-6..........................  Phenoxarsine, 10,10'-     ................             500         500/10,000
                                    Oxydi-.
696-28-6.........................  Phenyl Dichloroarsine...  d...............               1                500
59-88-1..........................  Phenylhydrazine           ................           1,000       1,000/10,000
                                    Hydrochloride.
62-38-4..........................  Phenylmercury Acetate...  ................             100         500/10,000
2097-19-0........................  Phenylsilatrane.........  d...............             100         100/10,000
103-85-5.........................  Phenylthiourea..........  ................             100         100/10,000

[[Page 65471]]


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................  f...............              10                 10
13171-21-6.......................  Phosphamidon............  ................             100                100
7803-51-2........................  Phosphine...............  ................             100                500
2703-13-1........................  Phosphonothioic Acid,     ................             500                500
                                    Methyl-, O-Ethyl O-(4-
                                    (Methylthio) Phenyl)
                                    Ester.
50782-69-9.......................  Phosphonothioic Acid,     ................             100                100
                                    Methyl-, S-(2-
                                    (Bis(1Methylethyl)Amino
                                    )Ethyl) O-Ethyl Ester.
2665-30-7........................  Phosphonothioic Acid,     ................             500                500
                                    Methyl-, O-(4-
                                    Nitrophenyl) O-Phenyl
                                    Ester.
3254-63-5........................  Phosphoric Acid,          ................             500                500
                                    Dimethyl 4-
                                    (Methylthio)Phenyl
                                    Ester.
2587-90-8........................  Phosphorothioic Acid,     b, c............             500                500
                                    O,O-Dimethyl-S-(2-
                                    Methylthio) Ethyl Ester.
7723-14-0........................  Phosphorus..............  a, d............               1                100
10025-87-3.......................  Phosphorus Oxychloride..  ................           1,000                500
10026-13-8.......................  Phosphorus Pentachloride  a...............             500                500
7719-12-2........................  Phosphorus Trichloride..  ................           1,000              1,000
57-47-6..........................  Physostigmine...........  ................             100         100/10,000
57-64-7..........................  Physostigmine,            ................             100         100/10,000
                                    Salicylate (1:1).
124-87-8.........................  Picrotoxin..............  ................             500         500/10,000
110-89-4.........................  Piperidine..............  ................           1,000              1,000
23505-41-1.......................  Pirimifos-Ethyl.........  ................           1,000              1,000
10124-50-2.......................  Potassium Arsenite......  ................               1         500/10,000
151-50-8.........................  Potassium Cyanide.......  a...............              10                100
506-61-6.........................  Potassium Silver Cyanide  a...............               1                500
2631-37-0........................  Promecarb...............  d...............           1,000         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-.  c...............             100         100/10,000
109-61-5.........................  Propyl Chloroformate....  ................             500                500
75-56-9..........................  Propylene Oxide.........  f...............             100             10,000
75-55-8..........................  Propyleneimine..........  ................               1             10,000
2275-18-5........................  Prothoate...............  ................             100         100/10,000
129-00-0.........................  Pyrene..................  b...............           5,000       1,000/10,000
140-76-1.........................  Pyridine, 2-Methyl-5-     ................             500                500
                                    Vinyl-.
504-24-5.........................  Pyridine, 4-Amino-......  d...............           1,000         500/10,000
1124-33-0........................  Pyridine, 4-Nitro-,l-     ................             500         500/10,000
                                    Oxide.
53558-25-1.......................  Pyriminil...............  d...............             100         100/10,000
14167-18-1.......................  Salcomine...............  ................             500         500/10,000
107-44-8.........................  Sarin...................  d...............              10                 10
7783-00-8........................  Selenious Acid..........  ................              10       1,000/10,000
7791-23-3........................  Selenium Oxychloride....  ................             500                500
563-41-7.........................  Semicarbazide             ................           1,000       1,000/10,000
                                    Hydrochloride.
3037-72-7........................  Silane, (4-               ................      1,000 1,00                  0
                                    Aminobutyl)Diethoxymeth
                                    yl-.
7631-89-2........................  Sodium Arsenate.........  ................               1       1,000/10,000
7784-46-5........................  Sodium Arsenite.........  ................               1         500/10,000
26628-22-8.......................  Sodium Azide (Na(N3))...  a...............           1,000                500
124-65-2.........................  Sodium Cacodylate.......  ................             100         100/10,000
143-33-9.........................  Sodium Cyanide (Na(CN)).  a...............              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.........  d...............             100         100/10,000
10102-20-2.......................  Sodium Tellurite........  ................             500         500/10,000
900-95-8.........................  Stannane,                 c...............             500         500/10,000
                                    Acetoxytriphenyl-.
57-24-9..........................  Strychnine..............  b...............              10         100/10,000
60-41-3..........................  Strychnine Sulfate......  ................              10         100/10,000
3689-24-5........................  Sulfotep................  ................             100                500
3569-57-1........................  Sulfoxide, 3-             ................             500                500
                                    Chloropropyl Octyl.
7446-09-5........................  Sulfur Dioxide..........  f...............             500                500
7783-60-0........................  Sulfur Tetrafluoride....  ................             100                100
7446-11-9........................  Sulfur Trioxide.........  a...............             100                100
7664-93-9........................  Sulfuric Acid...........  ................           1,000              1,000
77-81-6..........................  Tabun...................  b, d............              10                 10
7783-80-4........................  Tellurium Hexafluoride..  e...............             100                100
107-49-3.........................  TEPP....................  ................              10                100
13071-79-9.......................  Terbufos................  d...............             100                100

[[Page 65472]]


78-00-2..........................  Tetraethyllead..........  b...............              10                100
597-64-8.........................  Tetraethyltin...........  b...............             100                100
75-74-1..........................  Tetramethyllead.........  b, f............             100                100
509-14-8.........................  Tetranitromethane.......  ................              10                500
10031-59-1.......................  Thallium Sulfate........  d...............             100         100/10,000
6533-73-9........................  Thallous Carbonate......  b, d............             100         100/10,000
7791-12-0........................  Thallous Chloride.......  b, d............             100         100/10,000
2757-18-8........................  Thallous Malonate.......  b, d............             100         100/10,000
7446-18-6........................  Thallous Sulfate........  ................             100         100/10,000
2231-57-4........................  Thiocarbazide...........  ................           1,000       1,000/10,000
39196-18-4.......................  Thiofanox...............  ................             100         100/10,000
297-97-2.........................  Thionazin...............  ................             100                500
108-98-5.........................  Thiophenol..............  ................             100                500
79-19-6..........................  Thiosemicarbazide.......  ................             100         100/10,000
5344-82-1........................  Thiourea, (2-             ................             100         100/10,000
                                    Chlorophenyl)-.
614-78-8.........................  Thiourea, (2-             ................             500         500/10,000
                                    Methylphenyl)-.
7550-45-0........................  Titanium Tetrachloride..  ................           1,000                100
584-84-9.........................  Toluene 2,4-Diisocyanate  ................             100                500
91-08-7..........................  Toluene 2,6-Diisocyanate  ................             100                100
110-57-6.........................  Trans-1,4-Dichlorobutene  ................             500                500
1031-47-6........................  Triamiphos..............  ................             500         500/10,000
24017-47-8.......................  Triazofos...............  ................             500                500
76-02-8..........................  Trichloroacetyl Chloride  ................             500                500
115-21-9.........................  Trichloroethylsilane....  d...............             500                500
327-98-0.........................  Trichloronate...........  e...............             500                500
98-13-5..........................  Trichlorophenylsilane...  d...............             500                500
1558-25-4........................  Trichloro(Chloromethyl)S  ................             100                100
                                    ilane.
27137-85-5.......................  Trichloro(Dichlorophenyl  ................             500                500
                                    ) Silane.
998-30-1.........................  Triethoxysilane.........  ................             500                500
75-77-4..........................  Trimethylchlorosilane...  ................           1,000              1,000
824-11-3.........................  Trimethylolpropane        d...............             100         100/10,000
                                    Phosphite.
1066-45-1........................  Trimethyltin Chloride...  ................             500         500/10,000
639-58-7.........................  Triphenyltin Chloride...  ................             500         500/10,000
555-77-1.........................  Tris(2-Chloroethyl)Amine  d...............             100                100
2001-95-8........................  Valinomycin.............  b...............           1,000       1,000/10,000
1314-62-1........................  Vanadium Pentoxide......  ................           1,000         100/10,000
108-05-4.........................  Vinyl Acetate Monomer...  f...............           5,000              1,000
81-81-2..........................  Warfarin................  ................             100         500/10,000
129-06-6.........................  Warfarin Sodium.........  d...............             100         100/10,000
28347-13-9.......................  Xylylene Dichloride.....  ................             100         100/10,000
58270-08-9.......................  Zinc, Dichloro(4,4-       ................             100         100/10,000
                                    Dimethyl-
                                    5((((Methylamino)Carbon
                                    yl)
                                    Oxy)Imino)Pentanenitril
                                    e)-, (T-4)-.
1314-84-7........................  Zinc Phosphide..........  a...............             100               500
----------------------------------------------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40 CFR 355.61.
Notes:
a. This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-
  solution form.
b. The calculated TPQ changed after technical review as described in a technical support document for the final
  rule, April 22, 1987.
c. Chemicals added by final rule, April 22, 1987.
d. Revised TPQ based on new or re-evaluated toxicity data, April 22, 1987.
e. The TPQ was revised due to calculation error, April 22, 1987.
f. Chemicals on the original list that do not meet toxicity criteria but because of their acute lethality, high
  production volume and known risk are considered chemicals of concern (``Other chemicals''), November 17, 1986
  and February 15, 1990.
g. The TPQ was recalculated (September 8, 2003) since it was mistakenly calculated in the April 22, 1987 final
  rule under the wrong assumption that this chemical is a reactive solid, when in fact it is a liquid. RQ for
  this chemical was adjusted on September 11, 2006.


   Appendix B to Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
                                               [CAS Number Order]
----------------------------------------------------------------------------------------------------------------
                                                                                 Reportable        Threshold
             CAS No.                     Chemical name             Notes         quantity *    planning quantity
                                                                                  (pounds)          (pounds)
----------------------------------------------------------------------------------------------------------------
0................................  Organorhodium Complex     ................              10          10/10,000
                                    (PMN-82-147).
50-00-0..........................  Formaldehyde............  f...............             100                500
50-07-7..........................  Mitomycin C.............  ................              10         500/10,000
50-14-6..........................  Ergocalciferol..........  b...............           1,000       1,000/10,000

[[Page 65473]]


51-21-8..........................  Fluorouracil............  ................             500         500/10,000
51-75-2..........................  Mechlorethamine.........  b...............              10                 10
51-83-2..........................  Carbachol Chloride......  ................             500         500/10,000
54-11-5..........................  Nicotine................  b...............             100                100
54-62-6..........................  Aminopterin.............  ................             500         500/10,000
55-91-4..........................  Isofluorphate...........  b...............             100                100
56-25-7..........................  Cantharidin.............  ................             100         100/10,000
56-38-2..........................  Parathion...............  b...............              10                100
56-72-4..........................  Coumaphos...............  ................              10         100/10,000
57-14-7..........................  Dimethylhydrazine.......  ................              10              1,000
57-24-9..........................  Strychnine..............  b...............              10         100/10,000
57-47-6..........................  Physostigmine...........  ................             100         100/10,000
57-57-8..........................  Propiolactone, Beta-....  ................              10                500
57-64-7..........................  Physostigmine,            ................             100         100/10,000
                                    Salicylate (1:1).
57-74-9..........................  Chlordane...............  ................               1              1,000
58-36-6..........................  Phenoxarsine, 10,10[min]- ................             500         500/10,000
                                    Oxydi-.
58-89-9..........................  Lindane.................  ................               1       1,000/10,000
59-88-1..........................  Phenylhydrazine           ................           1,000       1,000/10,000
                                    Hydrochloride.
60-34-4..........................  Methyl Hydrazine........  ................              10                500
60-41-3..........................  Strychnine sulfate......  ................              10         100/10,000
60-51-5..........................  Dimethoate..............  ................              10         500/10,000
62-38-4..........................  Phenylmercury Acetate...  ................             100         500/10,000
62-53-3..........................  Aniline.................  f...............           5,000              1,000
62-73-7..........................  Dichlorvos..............  ................              10              1,000
62-74-8..........................  Sodium Fluoroacetate....  ................              10          10/10,000
62-75-9..........................  Nitrosodimethylamine....  d...............              10              1,000
64-00-6..........................  Phenol, 3-(1-             ................              10         500/10,000
                                    Methylethyl)-,
                                    Methylcarbamate.
64-86-8..........................  Colchicine..............  d...............              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..............  f...............              10             10,000
70-69-9..........................  Propiophenone, 4-Amino-.  c...............             100         100/10,000
71-63-6..........................  Digitoxin...............  b...............             100         100/10,000
72-20-8..........................  Endrin..................  ................               1         500/10,000
74-83-9..........................  Methyl Bromide..........  f...............           1,000              1,000
74-90-8..........................  Hydrocyanic Acid........  ................              10                100
74-93-1..........................  Methyl Mercaptan........  f...............             100                500
75-15-0..........................  Carbon Disulfide........  f...............             100             10,000
75-21-8..........................  Ethylene Oxide..........  f...............              10              1,000
75-44-5..........................  Phosgene................  f...............              10                 10
75-55-8..........................  Propyleneimine..........  ................               1             10,000
75-56-9..........................  Propylene Oxide.........  f...............             100             10,000
75-74-1..........................  Tetramethyllead.........  b, f............             100                100
75-77-4..........................  Trimethylchlorosilane...  ................           1,000              1,000
75-78-5..........................  Dimethyldichlorosilane..  d...............             500                500
75-79-6..........................  Methyltrichlorosilane...  d...............             500                500
75-86-5..........................  Acetone Cyanohydrin.....  ................              10              1,000
76-02-8..........................  Trichloroacetyl Chloride  ................             500                500
77-47-4..........................  Hexachlorocyclopentadien  d...............              10                100
                                    e.
77-78-1..........................  Dimethyl Sulfate........  ................             100                500
77-81-6..........................  Tabun...................  b, d............              10                 10
78-00-2..........................  Tetraethyllead..........  b...............              10                100
78-34-2..........................  Dioxathion..............  ................             500                500
78-53-5..........................  Amiton..................  ................             500                500
78-71-7..........................  Oxetane, 3,3-             ................             500                500
                                    Bis(Chloromethyl)-.
78-82-0..........................  Isobutyronitrile........  d...............           1,000              1,000
78-94-4..........................  Methyl Vinyl Ketone.....  ................              10                 10
78-97-7..........................  Lactonitrile............  ................           1,000              1,000
79-06-1..........................  Acrylamide..............  f...............           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....  d...............           1,000                500
80-63-7..........................  Methyl 2-Chloroacrylate.  ................             500                500
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

[[Page 65474]]


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...  d...............             500                500
98-16-8..........................  Benzenamine, 3-           ................             500                500
                                    (Trifluoromethyl)-.
98-87-3..........................  Benzal Chloride.........  ................           5,000                500
98-95-3..........................  Nitrobenzene............  f...............           1,000             10,000
99-98-9..........................  Dimethyl-p-               ................              10          10/10,000
                                    Phenylenediamine.
100-14-1.........................  Benzene, 1-               ................             500         500/10,000
                                    (Chloromethyl)-4-Nitro-.
100-44-7.........................  Benzyl Chloride.........  ................             100                500
102-36-3.........................  Isocyanic Acid, 3,4-      ................             500         500/10,000
                                    Dichlorophenyl Ester.
103-85-5.........................  Phenylthiourea..........  ................             100         100/10,000
106-89-8.........................  Epichlorohydrin.........  f...............             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...........  f...............             100             10,000
 107-15-3........................  Ethylenediamine.........  ................           5,000             10,000
107-16-4.........................  Formaldehyde Cyanohydrin  d...............           1,000              1,000
107-18-6.........................  Allyl Alcohol...........  ................             100              1,000
107-30-2.........................  Chloromethyl Methyl       b...............              10                100
                                    Ether.
107-44-8.........................  Sarin...................  d...............              10                 10
107-49-3.........................  TEPP....................  ................              10                100
108-05-4.........................  Vinyl Acetate Monomer...  f...............           5,000              1,000
108-23-6.........................  Isopropyl Chloroformate.  ................           1,000              1,000
108-91-8.........................  Cyclohexylamine.........  f...............          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............  f...............           1,000              1,000
115-21-9.........................  Trichloroethylsilane....  d...............             500                500
115-26-4.........................  Dimefox.................  ................             500                500
115-29-7.........................  Endosulfan..............  ................               1          10/10,000
115-90-2.........................  Fensulfothion...........  d...............             500                500
116-06-3.........................  Aldicarb................  b...............               1         100/10,000
119-38-0.........................  Isopropylmethyl-          ................             100                500
                                    pyrazolyl
                                    Dimethylcarbamate.
123-31-9.........................  Hydroquinone............  f...............             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.......  d...............           1,000                500
129-00-0.........................  Pyrene..................  b...............           5,000       1,000/10,000
129-06-6.........................  Warfarin Sodium.........  d...............             100         100/10,000
140-29-4.........................  Benzyl Cyanide..........  d...............             500                500
140-76-1.........................  Pyridine, 2-Methyl-5-     ................             500                500
                                    Vinyl-.
141-66-2.........................  Dicrotophos.............  ................             100                100
143-33-9.........................  Sodium Cyanide (Na(CN)).  a...............              10                100
144-49-0.........................  Fluoroacetic Acid.......  ................              10          10/10,000
149-74-6.........................  Dichloromethylphenylsila  ................           1,000              1,000
                                    ne.
151-38-2.........................  Methoxyethylmercuric      ................             500         500/10,000
                                    Acetate.
151-50-8.........................  Potassium Cyanide.......  a...............              10                100
151-56-4.........................  Ethyleneimine...........  ................               1                500
152-16-9.........................  Diphosphoramide,          ................             100                100
                                    Octamethyl-.
297-78-9.........................  Isobenzan...............  ................             100         100/10,000
297-97-2.........................  Thionazin...............  ................             100                500
298-00-0.........................  Parathion-Methyl........  b...............             100         100/10,000
298-02-2.........................  Phorate.................  ................              10                 10
298-04-4.........................  Disulfoton..............  ................               1                500

[[Page 65475]]


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  d...............               1           1/10,000
327-98-0.........................  Trichloronate...........  e...............             500                500
353-42-4.........................  Boron Trifluoride         ................           1,000              1,000
                                    Compound With Methyl
                                    Ether (1:1).
359-06-8.........................  Fluoroacetyl Chloride...  b...............              10                 10
371-62-0.........................  Ethylene Fluorohydrin...  b, d............              10                 10
379-79-3.........................  Ergotamine Tartrate.....  ................             500         500/10,000
465-73-6.........................  Isodrin.................  ................               1         100/10,000
470-90-6.........................  Chlorfenvinfos..........  ................             500                500
502-39-6.........................  Methylmercuric            ................             500         500/10,000
                                    Dicyanamide.
504-24-5.........................  Pyridine, 4-Amino-......  d...............           1,000         500/10,000
505-60-2.........................  Mustard Gas.............  d...............             500                500
506-61-6.........................  Potassium Silver Cyanide  a...............               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-               d...............             500                500
                                    Chloroethyl)Amine.
541-25-3.........................  Lewisite................  b, d............              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......  d...............              10                100
542-90-5.........................  Ethylthiocyanate........  ................          10,000             10,000
555-77-1.........................  Tris(2-Chloroethyl)Amine  d...............             100                100
556-61-6.........................  Methyl Isothiocyanate...  a...............             500                500
556-64-9.........................  Methyl Thiocyanate......  ................          10,000             10,000
558-25-8.........................  Methanesulfonyl Fluoride  ................           1,000              1,000
563-12-2.........................  Ethion..................  ................              10              1,000
563-41-7.........................  Semicarbazide             ................           1,000       1,000/10,000
                                    Hydrochloride.
584-84-9.........................  Toluene 2,4-Diisocyanate  ................             100                500
594-42-3.........................  Perchloromethylmercaptan  ................             100                500
597-64-8.........................  Tetraethyltin...........  b...............             100                100
614-78-8.........................  Thiourea, (2-             ................             500         500/10,000
                                    Methylphenyl)-.
624-83-9.........................  Methyl Isocyanate.......  ................              10                500
627-11-2.........................  Chloroethyl               ................           1,000              1,000
                                    Chloroformate.
630-60-4.........................  Ouabain.................  b...............             100         100/10,000
639-58-7.........................  Triphenyltin Chloride...  ................             500         500/10,000
640-19-7.........................  Fluoroacetamide.........  ................             100         100/10,000
644-64-4.........................  Dimetilan...............  ................               1         500/10,000
675-14-9.........................  Cyanuric Fluoride.......  ................             100                100
676-97-1.........................  Methyl Phosphonic         a...............             100                100
                                    Dichloride.
696-28-6.........................  Phenyl Dichloroarsine...  d...............               1                500
760-93-0.........................  Methacrylic Anhydride...  ................             500                500
786-19-6.........................  Carbophenothion.........  ................             500                500
814-49-3.........................  Diethyl Chlorophosphate.  d...............             500                500
814-68-6.........................  Acrylyl Chloride........  d...............             100                100
824-11-3.........................  Trimethylolpropane        d...............             100         100/10,000
                                    Phosphite.
900-95-8.........................  Stannane,                 c...............             500         500/10,000
                                    Acetoxytriphenyl-.
919-86-8.........................  Demeton-S-Methyl........  ................             500                500
920-46-7.........................  Methacryloyl Chloride...  ................             100                100
944-22-9.........................  Fonofos.................  ................             500                500
947-02-4.........................  Phosfolan...............  ................             100         100/10,000
950-10-7.........................  Mephosfolan.............  ................             500                500
950-37-8.........................  Methidathion............  ................             500         500/10,000
991-42-4.........................  Norbormide..............  ................             100         100/10,000
998-30-1.........................  Triethoxysilane.........  ................             500                500
999-81-5.........................  Chlormequat Chloride....  d...............             100         100/10,000
1031-47-6........................  Triamiphos..............  ................             500         500/10,000
1066-45-1........................  Trimethyltin Chloride...  ................             500         500/10,000
1122-60-7........................  Nitrocyclohexane........  ................             500                500
1124-33-0........................  Pyridine, 4-Nitro-,1-     ................             500         500/10,000
                                    Oxide.
1129-41-5........................  Metolcarb...............  ................           1,000         100/10,000

[[Page 65476]]


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..........  a...............             100                500
1327-53-3........................  Arsenous Oxide..........  d...............               1         100/10,000
1397-94-0........................  Antimycin A.............  b...............           1,000       1,000/10,000
1420-07-1........................  Dinoterb................  ................             500         500/10,000
1464-53-5........................  Diepoxybutane...........  ................              10                500
1558-25-4........................  Trichloro(Chloromethyl)S  ................             100                100
                                    ilane.
1563-66-2........................  Carbofuran..............  ................              10          10/10,000
1600-27-7........................  Mercuric Acetate........  ................             500         500/10,000
1622-32-8........................  Ethanesulfonyl Chloride,  ................             500                500
                                    2-Chloro-.
1752-30-3........................  Acetone                   ................           1,000       1,000/10,000
                                    Thiosemicarbazide.
1910-42-5........................  Paraquat Dichloride.....  ................              10          10/10,000
1982-47-4........................  Chloroxuron.............  ................             500         500/10,000
2001-95-8........................  Valinomycin.............  b...............           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.........  d...............             100         100/10,000
2104-64-5........................  EPN.....................  ................             100         100/10,000
2223-93-0........................  Cadmium Stearate........  b...............           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...........  d...............             500                500
2524-03-0........................  Dimethyl                  ................             500                500
                                    Phosphorochloridothioat
                                    e.
2540-82-1........................  Formothion..............  ................             100                100
2570-26-5........................  Pentadecylamine.........  ................             100         100/10,000
2587-90-8........................  Phosphorothioic Acid,     b, c............             500                500
                                    O,O-Dimethyl-S-(2-
                                    Methylthio) Ethyl Ester.
2631-37-0........................  Promecarb...............  d...............           1,000         500/10,000
2636-26-2........................  Cyanophos...............  ................           1,000              1,000
2642-71-9........................  Azinphos-Ethyl..........  ................             100         100/10,000
2665-30-7........................  Phosphonothioic Acid,     ................             500                500
                                    Methyl-, O-(4-
                                    Nitrophenyl) O-Phenyl
                                    Ester.
2703-13-1........................  Phosphonothioic Acid,     ................             500                500
                                    Methyl-, O-Ethyl O-(4-
                                    (Methylthio)Phenyl)
                                    Ester.
2757-18-8........................  Thallous Malonate.......  b, d............             100         100/10,000
2763-96-4........................  Muscimol................  ................           1,000         500/10,000
2778-04-3........................  Endothion...............  ................             500         500/10,000
3037-72-7........................  Silane, (4-               ................           1,000              1,000
                                    Aminobutyl)Diethoxymeth
                                    yl-.
3254-63-5........................  Phosphoric Acid,          ................             500                500
                                    Dimethyl 4-
                                    (Methylthio)Phenyl
                                    Ester.
3569-57-1........................  Sulfoxide, 3-             ................             500                500
                                    Chloropropyl Octyl.
3615-21-2........................  Benzimidazole, 4,5-       c...............             500         500/10,000
                                    Dichloro-2-
                                    (Trifluoromethyl)-.
3689-24-5........................  Sulfotep................  ................             100                500
3691-35-8........................  Chlorophacinone.........  ................             100         100/10,000
3734-97-2........................  Amiton Oxalate..........  ................             100         100/10,000
3735-23-7........................  Methyl Phenkapton.......  ................             500                500
3878-19-1........................  Fuberidazole............  ................             100         100/10,000
4044-65-9........................  Bitoscanate.............  ................             500         500/10,000
4098-71-9........................  Isophorone Diisocyanate.  g...............             500                500
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[min]-         ................             100         100/10,000
                                    Thiobis(4-Chloro-6-
                                    Methyl)-.
4835-11-4........................  Hexamethylenediamine,     ................             500                500
                                    N,N[min]-Dibutyl-.
5344-82-1........................  Thiourea, (2-             ................             100         100/10,000
                                    Chlorophenyl)-.
5836-29-3........................  Coumatetralyl...........  ................             500         500/10,000
6533-73-9........................  Thallous Carbonate......  b, d............             100         100/10,000
 6923-22-4.......................  Monocrotophos...........  ................              10          10/10,000
7446-09-5........................  Sulfur Dioxide..........  f...............             500                500
7446-11-9........................  Sulfur Trioxide.........  a...............             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.........  a...............             100                100
7631-89-2........................  Sodium Arsenate.........  ................               1       1,000/10,000
7637-07-2........................  Boron Trifluoride.......  ................             500                500
7647-01-0........................  Hydrogen Chloride (gas    f...............           5,000                500
                                    only).
7664-39-3........................  Hydrogen Fluoride.......  ................             100                100

[[Page 65477]]


7664-41-7........................  Ammonia.................  f...............             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   f...............           1,000              1,000
                                    >52%).
7723-14-0........................  Phosphorus..............  a, d............               1                100
7726-95-6........................  Bromine.................  f...............             500                500
7778-44-1........................  Calcium Arsenate........  ................               1         500/10,000
7782-41-4........................  Fluorine................  e...............              10                500
7782-50-5........................  Chlorine................  ................              10                100
7783-00-8........................  Selenious Acid..........  ................              10       1,000/10,000
7783-06-4........................  Hydrogen Sulfide........  f...............             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..  e...............             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.......  b, d............             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  a...............             500                500
10028-15-6.......................  Ozone...................  ................             100                100
10031-59-1.......................  Thallium Sulfate........  d...............             100         100/10,000
10102-18-8.......................  Sodium Selenite.........  d...............             100         100/10,000
10102-20-2.......................  Sodium Tellurite........  ................             500         500/10,000
10102-43-9.......................  Nitric Oxide............  b...............              10                100
10102-44-0.......................  Nitrogen Dioxide........  ................              10                100
10124-50-2.......................  Potassium Arsenite......  ................               1         500/10,000
10140-87-1.......................  Ethanol, 1,2-Dichloro-,   ................           1,000              1,000
                                    Acetate.
10210-68-1.......................  Cobalt Carbonyl.........  d...............              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    d...............             100                100
                                    Methylcyclopentadienyl.
13071-79-9.......................  Terbufosh...............  d...............             100                100
13171-21-6.......................  Phosphamidon............  ................             100                100
13194-48-4.......................  Ethoprophos.............  ................           1,000              1,000
13410-01-0.......................  Sodium Selenate.........  ................             100         100/10,000
13450-90-3.......................  Gallium Trichloride.....  ................             500         500/10,000
13463-39-3.......................  Nickel Carbonyl.........  ................              10                  1
13463-40-6.......................  Iron, Pentacarbonyl-....  ................             100                100
14167-18-1.......................  Salcomine...............  ................             500         500/10,000
15271-41-7.......................  Bicyclo[2.2.1]Heptane-2-  ................             500         500/10,000
                                    Carbonitrile, 5-Chloro-
                                    6-
                                    ((((Methylamino)Carbony
                                    l)Oxy)Imino)-, (1s-(1-
                                    alpha,2-beta,4-alpha,5-
                                    alpha,6E))-.
16752-77-5.......................  Methomyl................  d...............             100         500/10,000
17702-41-9.......................  Decaborane(14)..........  ................             500         500/10,000
17702-57-7.......................  Formparanate............  ................             100         100/10,000
19287-45-7.......................  Diborane................  ................             100                100
19624-22-7.......................  Pentaborane.............  ................             500                500
20830-75-5.......................  Digoxin.................  d...............              10          10/10,000
20859-73-8.......................  Aluminum Phosphide......  a...............             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...........  d...............             500                500
22224-92-6.......................  Fenamiphos..............  ................              10          10/10,000
23135-22-0.......................  Oxamyl..................  ................             100         100/10,000
23422-53-9.......................  Formetanate               d...............             100         500/10,000
                                    Hydrochloride.

[[Page 65478]]


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-,   ................             100         100/10,000
                                    O-(((2,4-Dimethyl-1, 3-
                                    Dithiolan-2-
                                    yl)Methylene)Amino)-.
26628-22-8.......................  Sodium Azide (Na(N3))...  a...............           1,000                500
27137-85-5.......................  Trichloro(Dichlorophenyl  ................             500                500
                                    )Silane.
28347-13-9.......................  Xylylene Dichloride.....  ................             100         100/10,000
28772-56-7.......................  Bromadiolone............  ................             100         100/10,000
30674-80-7.......................  Methacryloyloxyethyl      ................             100                100
                                    Isocyanateh.
39196-18-4.......................  Thiofanox...............  ................             100         100/10,000
50782-69-9.......................  Phosphonothioic Acid,     ................             100                100
                                    Methyl-, S-(2-(Bis(1-
                                    Methylethyl)Amino)Ethyl
                                    ) O-Ethyl Ester.
53558-25-1.......................  Pyriminil...............  d...............             100         100/10,000
58270-08-9.......................  Zinc, Dichloro(4,4-       ................             100         100/10,000
                                    Dimethyl-
                                    5((((Methylamino)
                                    Carbonyl)Oxy)Imino)Pent
                                    anenitrile)-, (T-4)-.
62207-76-5.......................  Cobalt, ((2,2[min]-(1,2-  ................             100         100/10,000
                                    Ethanediylbis
                                    (Nitrilomethylidyne))
                                    Bis(6-Fluorophenolato))
                                    (2-)-N,N[min],O,O[min])-
                                    .
----------------------------------------------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40 CFR 355.61.
Notes:
a. This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-
  solution form.
b. The calculated TPQ changed after technical review as described in a technical support document for the final
  rule, April 22, 1987.
c. Chemicals added by final rule, April 22, 1987.
d. Revised TPQ based on new or re-evaluated toxicity data, April 22, 1987.
e. The TPQ was revised due to calculation error, April 22, 1987.
f. Chemicals on the original list that do not meet toxicity criteria but because of their acute lethality, high
  production volume and known risk are considered chemicals of concern (``Other chemicals''). (November 17,
  1986, and February 15, 1990.)
g. The TPQ was recalculated (September 8, 2003) since it was mistakenly calculated in the April 22, 1987, final
  rule under the wrong assumption that this chemical is a reactive solid, when in fact it is a liquid. RQ for
  this chemical was adjusted on September 11, 2006.


0
2. Part 370 is revised to read as follows:

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

Subpart A--General Information
Sec.
370.1 What is the purpose of this part?
370.2 Who do ``you,'' ``I,'' and ``your'' refer to in this part?
370.3 Which section contains the definitions of the key words used 
in this part?
Subpart B--Who Must Comply
370.10 Who must comply with the hazardous chemical reporting 
requirements of this part?
370.11 [Reserved]
370.12 What hazardous chemicals must I report under this part?
370.13 What substances are exempt from these reporting requirements?
370.14 How do I report mixtures containing hazardous chemicals?
Subpart C--Reporting Requirements
370.20 What are the reporting requirements of this part?

How to Comply With MSDS Reporting

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

How To Comply With Inventory Reporting

370.40 What information must I provide and what format must I use?
370.41 What is Tier I inventory information?
370.42 What is Tier II inventory information?
370.43 What codes are used to report Tier I and Tier II inventory 
information?
370.44 To whom must I submit the inventory information?
370.45 When must I submit the inventory information?
Subpart D--Community Access to Information
370.60 How does a person obtain MSDS information about a specific 
facility?
370.61 How does a person obtain inventory information about a 
specific facility?
370.62 What information may a State or local official request from a 
facility?
370.63 What responsibilities do the SERC and the LEPC have to make 
requested information available?
370.64 What information can I claim as trade secret or confidential?
370.65 Must I allow the local fire department to inspect my facility 
and must I provide specific location information about hazardous 
chemicals at my facility?
370.66 How are key words in this part defined?

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

Subpart A--General Information


Sec.  370.1  What is the purpose of this part?

    (a) This part (40 CFR part 370) establishes reporting requirements 
for providing the public with important information on the hazardous 
chemicals in their communities. Reporting raises community awareness of 
chemical hazards and aids in the development of State and local 
emergency response plans. The reporting requirements established under 
this part consist of Material Safety Data Sheet (MSDS) reporting and 
inventory reporting.
    (b) This part is written in a special format to make it easier to 
understand the regulatory requirements. Like other Environmental 
Protection Agency (EPA) regulations, this part establishes enforceable 
legal requirements. Information considered non-binding guidance under 
EPCRA is indicated in this regulation by the word ``note'' and

[[Page 65479]]

a smaller typeface. Such notes are provided for information purposes 
only and are not considered legally binding under this part.


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

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


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

    The definitions of key words used in this part are in Sec.  370.66. 
It is important to read the definitions for key words because the 
definition explains the word's specific meaning in the regulations in 
this part.

Subpart B--Who Must Comply


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

    (a) You must comply with the reporting requirements of this part if 
the Occupational Safety and Health Administration's (OSHA) Hazard 
Communication Standard (HCS) require your facility to prepare or have 
available a Material Safety Data Sheet (MSDS) for a hazardous chemical 
and if either of the following conditions is met:
    (1) A hazardous chemical that is an Extremely Hazardous Substance 
(EHS) is present at your facility at any one time in an amount equal to 
or greater than 500 pounds (227 kg--approximately 55 gallons) or the 
Threshold Planning Quantity (TPQ), whichever is lower. EHSs and their 
TPQs are listed in Appendices A and B of 40 CFR part 355.
    (2) A hazardous chemical that is not an EHS is present at your 
facility at any one time in an amount equal to or greater than the 
threshold level for that hazardous chemical. Threshold levels for such 
hazardous chemicals are:
    (i) For any hazardous chemical that does not meet the criteria in 
paragraph (a)(2)(ii) or (iii) of this section, the threshold level is 
10,000 pounds (or 4,540 kg).
    (ii) For gasoline at a retail gas station (For purposes of this 
part, retail gas station means a retail facility engaged in selling 
gasoline and/or diesel fuel principally to the public, for motor 
vehicle use on land.), the threshold level is 75,000 gallons 
(approximately 283,900 liters) (all grades combined). This threshold is 
only applicable for gasoline that was in tank(s) entirely underground 
and was in compliance at all times during the preceding calendar year 
with all applicable Underground Storage Tank (UST) requirements at 40 
CFR part 280 or requirements of the state UST program approved by the 
Agency under 40 CFR part 281.
    (iii) For diesel fuel at a retail gas station (For purposes of this 
part, retail gas station means a retail facility engaged in selling 
gasoline and/or diesel fuel principally to the public, for motor 
vehicle use on land.), the threshold level is 100,000 gallons 
(approximately 378,500 liters) (all grades combined). This threshold is 
only applicable for diesel fuel that was in tank(s) entirely 
underground and was in compliance at all times during the preceding 
calendar year with all applicable Underground Storage Tank (UST) 
requirements at 40 CFR part 280 or requirements of the state UST 
program approved by the Agency under 40 CFR part 281.
    (b) The threshold level for responding to the following requests is 
zero.
    (1) If your LEPC requests that you submit an MSDS for a hazardous 
chemical for which you have not submitted an MSDS to your LEPC; or
    (2) If your LEPC, SERC, or the fire department with jurisdiction 
over your facility requests that you submit Tier II information.


Sec.  370.11  [Reserved]


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

    (a) You must report any hazardous chemical for which you are 
required to prepare or have available an MSDS under OSHA HCS that is 
present at your facility equal to or above the applicable threshold 
specified in Sec.  370.10. (Specific exemptions from reporting are in 
Sec.  370.13.)
    (b) The EPA has not issued a list of hazardous chemicals subject to 
reporting under this part. A substance is a hazardous chemical if it is 
required to have an MSDS and meets the definition of hazardous chemical 
under the OSHA regulations found at 29 CFR 1910.1200(c).


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

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


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

    (a) 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:

[[Page 65480]]



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

    (b) For each specific mixture, the reporting option used must be 
consistent for both MSDS and inventory reporting, unless it is not 
possible to do so. This means that if you report on a specific mixture 
as a whole for MSDS reporting, you must report on that mixture as a 
whole for inventory reporting too (unless it is not possible). MSDS 
reporting and inventory reporting are discussed in detail in subpart C 
of this part.
    (c) To determine the quantity of an EHS or a non-EHS hazardous 
chemical component present in a mixture, multiply the concentration of 
the hazardous chemical component (in weight percent) by the weight of 
the mixture (in pounds). You do not have to count a hazardous chemical 
present in a mixture if the concentration is less than or equal to 1%, 
or less than or equal to 0.1% for a carcinogenic chemical.

Subpart C--Reporting Requirements


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

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

How to Comply With MSDS Reporting


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

    (a) You must report the hazardous chemicals present at your 
facility that meet or exceed the applicable threshold levels (threshold 
levels are in Sec. 1A370.10) by either:
    (1) Submitting an MSDS for each hazardous chemical present at your 
facility that meet or exceed its applicable threshold level; or
    (2) Submitting a list of all hazardous chemicals present at your 
facility at or above the applicable threshold levels. The hazardous 
chemicals on your list must be grouped by Hazard Category as defined 
under Sec.  370.66. The list must contain the chemical or common name 
of each hazardous chemical as provided on the MSDS.
    (b) Within 30 days of a request by the LEPC (as provided in Sec.  
370.10(b)), you must also submit an MSDS for any hazardous chemical 
present at your facility for which you have not submitted an MSDS.


Sec.  370.31  Do I have to update the information?

    MSDS reporting stated in Sec.  370.30 is a one-time requirement. 
However, you must update the information in all of the following ways:
    (a) Submit a revised MSDS after you discover significant new 
information concerning a hazardous chemical for which an MSDS was 
submitted.
    (b) Submit an MSDS, or a list as described in Sec.  370.30(a), for 
any new hazardous chemical for which you become subject to these 
reporting requirements.
    (c) Submit, as requested by the LEPC, an MSDS for any hazardous 
chemical present at your facility which you have not already submitted, 
as provided in Sec.  370.30(b).


Sec.  370.32  To whom must I submit the information?

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


Sec.  370.33  When must I submit the information?

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

[[Page 65481]]

How to Comply With Inventory Reporting


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

    (a) If you are required to comply with the hazardous chemical 
reporting requirements of this part, then by March 1 every year you 
must submit inventory information regarding any hazardous chemical 
present at your facility at any time during the previous calendar year 
in an amount equal to or in excess of its threshold level. Threshold 
levels are provided in Sec.  370.10.
    (b) Tier I information is the minimum information that you must 
report to be in compliance with the inventory reporting requirements of 
this part as described in Sec.  370.41. You may choose to report the 
Tier II information described in Sec.  370.42 for any hazardous 
chemical at your facility. You must submit Tier II information to the 
SERC, LEPC, or fire department having jurisdiction over your facility 
if they request it. EPA publishes Tier I and Tier II Inventory Forms 
that provide uniform formats for reporting the Tier I and Tier II 
information. You may use a State or local format for reporting 
inventory information if the State or local format contains at least 
the Tier I information described in Sec.  370.41. EPA's Tier I and Tier 
II forms are available at http://www.epa.gov/emergencies.
    Note to paragraph (b):
    Some States require Tier II information annually under State law.
    (c) You should contact the SERC to determine that State's 
requirements for inventory reporting formats, procedures, and to obtain 
inventory forms.


Sec.  370.41  What is Tier I inventory information?

    Tier I information provides State and local officials and the 
public with information on the general types and locations of hazardous 
chemicals present at your facility during the previous calendar year. 
The Tier I information is the minimum information that you must provide 
to be in compliance with the inventory reporting requirements of this 
part. If you are reporting Tier I information, you must report 
aggregate information on hazardous chemicals by hazard categories. 
There are two health hazard categories and three physical hazard 
categories for purposes of reporting under this part. These five hazard 
categories are defined in 40 CFR 370.66. Tier I information includes 
all of the following:
    (a) Certification. The owner or operator or the officially 
designated representative of the owner or operator must certify that 
all information included in the Tier I submission is true, accurate, 
and complete as follows: ``I certify under penalty of law that I have 
personally examined and am familiar with the information and that based 
on my inquiry of those individuals responsible for obtaining the 
information, I believe that the submitted information is true, 
accurate, and complete.'' This certification shall be accompanied by 
your full name, official title, signature, date signed, and total 
number of pages in the submission including all attachments. All other 
pages must also contain your signature or signature stamp, the date you 
signed the certification, and the total number of pages in the 
submission.
    (b) The calendar year for the reporting period.
    (c) The complete name (and company identifier where appropriate) 
and address of your facility. Include the full street address or state 
road, the city, county, State and zip code.
    (d) The North American Industry Classification System (NAICS) code 
for your facility.
    (e) The Dun & Bradstreet number of your facility.
    (f) The owner's or operator's full name, mailing address, and phone 
number.
    (g) Emergency contact. The name, title, and phone number(s) of at 
least one local individual or office that can act as a referral if 
emergency responders need assistance in responding to a chemical 
accident at your facility. You must provide an emergency phone number 
where such emergency information will be available 24 hours a day, 
every day.
    (h) An indication whether the information being reported is 
identical to that submitted the previous year.
    (i) An estimate (in ranges) of the maximum amount of hazardous 
chemicals in each hazard category present at your facility at any time 
during the preceding calendar year. You must use codes that correspond 
to different ranges. The range codes are in Sec.  370.43.
    (j) An estimate (in ranges) of the average daily amount of 
hazardous chemicals in each hazard category present at your facility 
during the preceding calendar year. You must use codes that correspond 
to different ranges. The range codes are in Sec.  370.43.
    (k) The maximum number of days that any single hazardous chemical 
within each hazard category was present at your facility during the 
reporting period.
    (l) The general location of hazardous chemicals in each hazard 
category within your facility. For each hazard type, list the locations 
of all applicable chemicals. As an alternative, you may choose to 
submit a site plan and list the site coordinates to indicate the 
locations of the chemicals.


Sec.  370.42  What is Tier II inventory information?

    Tier II information provides State and local officials and the 
public with specific information on amounts and locations of hazardous 
chemicals present at your facility during the previous calendar year. 
If you are reporting Tier II information, you must include:
    (a) Certification. The owner or operator or the officially 
designated representative of the owner or operator must certify that 
all information included in the Tier II submission is true, accurate, 
and complete as follows: ``I certify under penalty of law that I have 
personally examined and am familiar with the information and that based 
on my inquiry of those individuals responsible for obtaining the 
information, I believe that the submitted information is true, 
accurate, and complete.'' This certification must be accompanied by 
your full name, official title, original signature, date signed, and 
total number of pages in the submission including all Confidential and 
Non-Confidential Information Sheets and all attachments. All other 
pages must also contain your signature or signature stamp, the date you 
signed the certification, and the total number of pages in the 
submission.
    (b) The calendar year for the reporting period.
    (c) The complete name (and company identifier where appropriate) 
and address of your facility. Include the full street address or state 
road, the city, county, State and zip code.
    (d) The North American Industry Classification System (NAICS) code 
for your facility.
    (e) The Dun & Bradstreet number of your facility.
    (f) The owner's or operator's full name, mailing address, and phone 
number.
    (g) Emergency contact. The name, title, and phone number(s) of at 
least one local individual or office that can act as a referral if 
emergency responders need assistance in responding to a chemical 
accident at your facility. You must provide an emergency phone number 
where such emergency information will be available 24 hours a day, 
every day.
    (h) An indication whether the information being reported is 
identical to that submitted the previous year.

[[Page 65482]]

    (i) For each hazardous chemical that you are required to report, 
you must:
    (1) Provide the chemical name or the common name of the chemical as 
provided on the Material Safety Data Sheet and its Chemical Abstract 
Service (CAS) registry number. If you are withholding the name in 
accordance with trade secret criteria, you must provide the generic 
class or category that is structurally descriptive of the chemical and 
indicate that the name is withheld because of trade secrecy. Trade 
secret criteria are addressed in Sec.  370.64(a).
    (2) Indicate whether the chemical is: pure or mixture; solid, 
liquid, or gas; and whether the chemical is or contains an EHS.
    (3) If the chemical is a mixture containing an EHS, provide the 
chemical name of each EHS in the mixture.
    (4) Indicate which hazard categories apply to the chemical. The 
five hazard categories are defined in Sec.  370.66.
    (5) Provide an estimate (in ranges) of the maximum amount of the 
hazardous chemical present at your facility on any single day during 
the preceding calendar year. You must use codes that correspond to 
different ranges. The range codes are in Sec.  370.43.
    (6) Provide an estimate (in ranges) of the average daily amount of 
the hazardous chemical present at your facility during the preceding 
calendar year. You must use codes that correspond to different ranges. 
The range codes are in Sec.  370.43.
    (7) The maximum number of days that the hazardous chemical was 
present at your facility during the preceding calendar year.
    (8) Provide a brief description of the precise location of the 
hazardous chemical at your facility. Alternatively, you may attach a 
site plan that notes locations, coordinates or a list of site 
coordinate abbreviations where hazardous chemicals are located.
    Under EPCRA section 324, you may choose to withhold from disclosure 
to the public the location information for a specific chemical. If you 
choose to withhold the location information from disclosure to the 
public, you must clearly indicate that the information is 
``confidential.'' You must provide the confidential location 
information on a separate sheet from the other Tier II information 
(which will be disclosed to the public), and attach the Confidential 
Location Information Sheet to the other Tier II information. Indicate 
any attachments you are including.
    (9) A brief description of the manner of storage of the hazardous 
chemical, including container type, temperature and pressure, a 
description of dikes and other safeguard measures for each location 
listed. You must use codes that correspond to different storage types 
and temperature and pressure conditions. The storage codes are in Sec.  
370.43. If the specific location for which you are reporting storage 
conditions is a ``confidential'' location, then you must report the 
storage conditions on a separate Confidential Location Information 
Sheet.


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

    (a) Weight range codes. Except as provided in paragraph (d) of this 
section, you must use the following codes to report the maximum amount 
and average daily amount when reporting Tier I or Tier II information:

----------------------------------------------------------------------------------------------------------------
                                                                 Weight range in pounds
             Range codes              --------------------------------------------------------------------------
                                                       From                                   To
----------------------------------------------------------------------------------------------------------------
01...................................  0...................................  99
02...................................  100.................................  999
03...................................  1,000...............................  9,999
04...................................  10,000..............................  99,999
05...................................  100,000.............................  999,999
06...................................  1,000,000...........................  9,999,999
07...................................  10,000,000..........................  49,999,999
08...................................  50,000,000..........................  99,999,999
09...................................  100,000,000.........................  499,999,999
10...................................  500,000,000.........................  999,999,999
11...................................  1 billion...........................  More than 1 billion.
----------------------------------------------------------------------------------------------------------------
Note to paragraph (a): To convert gas or liquid volume to weight in pounds, multiply by an appropriate density
  factor.

    (b) Storage type codes. Except as provided in paragraph (d) of this 
section, you must use the following codes to report storage types when 
you are reporting Tier II information:

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

    (c) Storage condition codes. Except as provided in paragraph (d) of 
this section, you must use the following codes to report storage 
conditions when you are reporting Tier II information:

------------------------------------------------------------------------
                 Codes                          Storage conditions
------------------------------------------------------------------------
                           Pressure conditions
------------------------------------------------------------------------
1......................................  Ambient pressure.
2......................................  Greater than ambient pressure.
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

[[Page 65483]]

for storage types or conditions. You may use those codes provided your 
SERC's or LEPC's storage types and conditions codes specify the same or 
more detailed information as the codes in paragraphs (b) and (c) of 
this section.


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

    You must submit the required inventory information to your SERC, 
LEPC, and fire department with jurisdiction over your facility.


Sec.  370.45  When must I submit the inventory information?

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

Subpart D--Community Access to Information


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

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


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

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


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

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


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

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


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

    (a) Trade secrets. You may be able to withhold the name of a 
specific chemical when submitting MSDS reporting or inventory reporting 
information if that chemical name is claimed as a trade secret. The 
requirements for withholding trade secret information are set forth in 
EPCRA section 322 and implemented in 40 CFR part 350. If you are 
withholding the name of a specific chemical as a trade secret in 
accordance with trade secrecy requirements, you must report the generic 
class or category that is structurally descriptive of the chemical 
along with all other required information. You must also submit the 
withheld information to EPA and must adequately substantiate your 
claim. A Form for substantiating trade secret claims is available at 
the Agency Web site at http://www.epa.gov/emergencies.
    (b) Confidential location information. You may request that the 
SERC or the LEPC not disclose to the public the location of any 
specific chemical required to be submitted in Tier II information. If 
you make such a request, the SERC or LEPC must not disclose the 
location of the specific chemical. If you use the Tier II Form to 
report your inventory information, you can choose to report 
confidential location information for a specific chemical on the 
Confidential Location Information Sheet, which must be attached to the 
other Tier II information you are reporting. Although you may request 
that location information with respect to a specific chemical be 
withheld from the public, you may not withhold this information from 
the SERC, the LEPC, or the local fire department. The Confidential 
Location Information Sheet is available on the Agency Web site at 
http://www.epa.gov/emergencies.


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

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


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

    Chief Executive Officer of the Tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the Tribe.
    Environment includes water, air, and land and the interrelationship 
that exists among and between water, air, and land and all living 
things.
    EPCRA means the Emergency Planning and Community Right-To-Know Act 
of 1986.
    Extremely hazardous substance (EHS) means a substance listed in 
Appendices A and B of 40 CFR part 355.
    Facility means all buildings, equipment, structures, and other

[[Page 65484]]

stationary items that are located on a single site or on contiguous or 
adjacent sites and that are owned or operated by the same person (or by 
any person that controls, is controlled by, or under common control 
with, such person).
    Facility includes manmade structures, as well as all natural 
structures in which chemicals are purposefully placed or removed 
through human means such that it functions as a containment structure 
for human use.
    Hazard category means any of the following:
    (1) Immediate (acute) health hazard, including highly toxic, toxic, 
irritant, sensitizer, corrosive, (as defined under 29 CFR 1910.1200) 
and other hazardous chemicals that cause an adverse effect to a target 
organ and which effect usually occurs rapidly as a result of 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:
    (1) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (2) Any substance present as a solid in any manufactured item to 
the extent exposure to the substance does not occur under normal 
conditions of use.
    (3) Any substance to the extent it is used:
    (i) For personal, family, or household purposes, or is present in 
the same form and concentration as a product packaged for distribution 
and use by the general public. Present in the same form and 
concentration as a product packaged for distribution and use by the 
general public means a substance packaged in a similar manner and 
present in the same concentration as the substance when packaged for 
use by the general public, whether or not it is intended for 
distribution to the general public or used for the same purpose as when 
it is packaged for use by the general public;
    (ii) In a research laboratory or a hospital or other medical 
facility under the direct supervision of a technically qualified 
individual; or
    (iii) In routine agricultural operations or is a fertilizer held 
for sale by a retailer to the ultimate customer.
    Indian Country means Indian country as defined in 18 U.S.C. 1151 
as:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian Tribe or Tribe means those Tribes federally recognized by 
the Secretary of the Interior.
    Inventory form means the uniform Tier I and Tier II emergency and 
hazardous chemical inventory forms published by EPA. These forms can be 
used for reporting inventory information, as described in 40 CFR 370.40 
through 370.45.
    LEPC means the Local Emergency Planning Committee appointed by the 
State Emergency Response Commission.
    Material Safety Data Sheet or MSDS means the sheet required to be 
developed under 29 CFR 1910.1200(g).
    Mixture means mixture as defined under the Occupational Safety and 
Health Administration's Hazard Communication Standard in 29 CFR 
1910.1200(c).
    OSHA means the U.S. Occupational Safety and Health Administration.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, State, municipality, commission, political subdivision of 
a State, or interstate body.
    SERC means the State Emergency Response Commission for the State in 
which the facility is located except when the facility is located in 
Indian Country, in which case, SERC means the Emergency Response 
Commission for the Tribe under whose jurisdiction the facility is 
located. In the absence of a SERC for a State or an Indian Tribe, the 
Governor or the chief executive officer of the tribe, respectively, 
shall be the SERC. Where there is a cooperative agreement between a 
State and a Tribe, the SERC shall be the entity identified in the 
agreement.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, the Northern Mariana Islands, any other 
territory or possession over which the United States has jurisdiction 
and Indian Country.
    Threshold planning quantity (TPQ) means, for a substance listed in 
Appendices A and B of 40 CFR part 355, the quantity listed in the 
column ``threshold planning quantity'' for that substance.

 [FR Doc. E8-25329 Filed 10-31-08; 8:45 am]

BILLING CODE 6560-50-P
