Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting, 65452-65484 [E8-25329]

Download as PDF 65452 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 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 EPA proposed four major revisions and provided draft guidance on various reporting options that States and local agencies may wish to consider in implementing the hazardous chemical reporting requirements.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 https://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 jlentini on PROD1PC65 with RULES2 SUMMARY: VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 https://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. 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 https://www.epa.gov/emergencies. FOR FURTHER INFORMATION CONTACT: Here are the contents of today’s preamble. SUPPLEMENTARY INFORMATION: 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 § 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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-toKnow 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 rightto-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 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES2 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 65453 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 nonEHSs. 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 nonEHS 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 nonEHS 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 nonEHS 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 E:\FR\FM\03NOR2.SGM 03NOR2 65454 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations as well as the treatment of mixtures in threshold calculations. jlentini on PROD1PC65 with RULES2 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 § 370.28 were: (1) Removing the phrase ‘‘the total quantity of the mixture’’ from § 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 rewriting 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 renumbering 40 CFR part 370. Commenters provided general support for re-organizing and re-numbering 40 CFR part 370. As stated in the proposed rule, § 370.28 is re-numbered as § 370.14. A table is also provided in § 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 and non-EHS hazardous chemical components. The basic reporting option stated in § 370.28(a) is now in the table in § 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 § 370.28(b)(2) In the process of re-organizing and renumbering 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 § 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 §§ 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 crossreferenced, §§ 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 § 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 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 § 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 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES2 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 § 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 § 370.14(a) as it was previously stated in § 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 65455 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 nonEHS hazardous chemical component or the mixture itself. The table in § 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 § 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 E:\FR\FM\03NOR2.SGM 03NOR2 65456 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES2 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 § 370.28(a)(2), is now in § 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 § 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 nonEHS 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 nonEHS 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 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 §§ 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 https:// 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. E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES2 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 § 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 65457 action, the Tier II Informational Requirements in § 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 §§ 355.50 and 370.5, respectively. The Tier I and Tier II form instructions contained in §§ 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 renumbered 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 E:\FR\FM\03NOR2.SGM 03NOR2 jlentini on PROD1PC65 with RULES2 65458 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 §§ 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 § 355.30(e)(1), are now in § 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 § 355.30(e)(2)(i) are now in § 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 § 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 renumbering part 355, this requirement is now finalized in § 355.20. The regulations in § 355.30(c) also require that the name of the facility emergency coordinator be provided on VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 § 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 § 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 § 355.20. In order for the regulations to be consistent with the statutory requirements in EPCRA section PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 303(d)(1), the Agency proposed to add ‘‘within 30 days after establishment of an LEPC’’ in § 355.20. Prior to the revisions finalized in this rulemaking, § 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 § 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 § 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 § 355.20. • Changes relevant to emergency planning. Prior to the revisions finalized in this rulemaking, § 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 § 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 E:\FR\FM\03NOR2.SGM 03NOR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 § 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 § 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 § 355.40(b)(4)(ii) are now in § 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 for reduced reporting requirements under EPCRA. The requirements for reporting continuous releases in § 355.40(a)(2)(iii) are now in § 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 § 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 § 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 § 370.43. As proposed, the Agency has added paragraph (d) to § 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. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 65459 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 § 355.61 and § 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 E:\FR\FM\03NOR2.SGM 03NOR2 jlentini on PROD1PC65 with RULES2 65460 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 reconfirm 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 reconfirming 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 §§ 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 §§ 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 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 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. E:\FR\FM\03NOR2.SGM 03NOR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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-forprofit 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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- PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 65461 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 rewritten 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 E:\FR\FM\03NOR2.SGM 03NOR2 65462 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 rewritten 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. jlentini on PROD1PC65 with RULES2 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 rewritten 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 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 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. For the reasons set out in the preamble, title 40, chapter 1 of the Code of Federal Regulations is amended as follows: ■ 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? E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 jlentini on PROD1PC65 with RULES2 § 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 Planning Quantities (TPQs) in Appendices A and B, which are used in determining if you are subject to these requirements. (b) This part is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. Information considered non-binding guidance under EPCRA is indicated in this regulation by the word ‘‘note’’ and a smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part. § 355.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to in this part? Throughout this part, ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to the owner or operator of a facility. § 355.3 Which section contains the definitions of the key words used in this part? The definitions of key words used in this part are in § 355.61. 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 § 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. § 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 65463 purposes, as provided in § 355.10(b), substances that are not EHSs at this facility may become subject to the emergency planning requirements. § 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.’’ § 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) × (weight of mixture) = (20 percent) × (150 pound mixture) = (0.20) × (150) EHS (in pounds) = 30 pounds § 355.14 Do I have to aggregate extremely hazardous substances to determine 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. § 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 E:\FR\FM\03NOR2.SGM 03NOR2 65464 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 § 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. § 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 § 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 § 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 notification are required? What information must I provide? To whom must I provide the information? When must I provide the information? (a) Emergency planning notification. You must provide notice that your facility is subject to the emergency planning requirements of this subpart. To the SERC and the LEPC ........ (b) Facility emergency coordinator You must designate a facility representative who will participate in the local emergency planning process as a facility emergency response coordinator. You must provide notice of this facility representative. To the LEPC (or the SERC if there is no LEPC, or the Governor if there is no SERC). (c) Changes relevant to emergency planning. You must provide notice of any changes occurring at your facility that may be relevant to emergency planning. You must provide any information necessary for developing or implementing the local emergency plan if the LEPC requests it. To the LEPC ................................. Within 60 days after your facility first becomes subject to the requirements of this subpart. If no LEPC exists for your facility at the time you are required to provide emergency planning notification, then 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. Within 60 days after your facility first becomes subject to the requirements of this subpart. If no LEPC exists when you first report, then provide an additional report to the LEPC within 30 days after such LEPC is established for the emergency planning district in which your facility is located. Within 30 days after the changes have occurred. (d) Requested information ............. § 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 § 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 jlentini on PROD1PC65 with RULES2 Who Must Comply § 355.30 What facilities must comply with the emergency release notification requirements of this subpart? You must comply with the emergency release notification requirements in this VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 To the LEPC ................................. 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 § 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. PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 Promptly. Note: The LEPC may specify a time frame for this information. § 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 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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. jlentini on PROD1PC65 with RULES2 § 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 § 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. VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 (c) Notification of a ‘‘new release’’ as specified in 40 CFR 302.8(g)(1). (d) Notification of a change in the normal range of the release as specified under 40 CFR 302.8(g)(2). § 355.33 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 § 355.40 What information must I provide? You must make two separate notifications to comply with the emergency release notification requirements of this subpart: an immediate notification, and as soon as practicable thereafter a written followup emergency notification (or notifications, as more information becomes available). (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 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 65465 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 § 355.42(b) for requirements for reporting such releases. § 355.41 In what format should the information be submitted? The immediate notification, described in § 355.40(a), should be oral. The follow-up emergency notification, described in § 355.40(b), shall be in writing. EPA does not specify a particular format for the written followup emergency notification. Note: The LEPC may request a specific format for this information. § 355.42 To whom must I submit the information? (a) You must provide the 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 § 355.40(a). You are not required under this subpart to submit a written followup notification, as described in § 355.40(b), for such a release. § 355.43 When must I submit the information? (a) You must provide the required emergency release notification E:\FR\FM\03NOR2.SGM 03NOR2 65466 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations information described under § 355.40(a), immediately. (b) You must provide the written follow-up emergency notice (or notices, as more information becomes available) described under § 355.40(b), as soon as practicable after the release. Subpart D—Additional Provisions § 355.60 What is the relationship between the emergency release notification requirements of this part and the release notification requirements of CERCLA? The emergency release notification requirements of this part are in addition to the release notification requirements of CERCLA. If you have a release of a CERCLA hazardous substance, you must comply with the emergency release notification requirements of this part and the release 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: If a reportable quantity of a substance is released within a 24-hour period at your facility And if the release is reportable under EPCRA Section 304, you must And if the release is reportable under CERCLA Section 103, you must (a) And the substance is on BOTH the list of EHSs (Appendices A and B of this part) AND the list of CERCLA Hazardous Substances (40 CFR 302.4). Notify the LEPC and the SERC in accordance with §§ 355.40 through 355.43 of this part (except for a release during transportation or from storage incident to transportation; see § 355.42(b)). Notify the LEPC and the SERC, in accordance with §§ 355.40 through 355.43 of this part (except for a release during transportation or from storage incident to transportation; see in § 355.42(b)). Notify the LEPC and the SERC in accordance with §§ 355.40 through 355.43 of this part (except for a release during transportation or from storage incident to transportation; see § 355.42(b)). Comply with the release notification requirements of CERCLA section 103 and its implementing regulations (40 CFR part 302). Call the NRC at 800–424–8802. (b) And the substance is on the list of CERCLA Hazardous Substances (40 CFR 302.4) and not on the list of EHSs (Appendices A and B of this part). (c) And the substance is on the list of EHSs (Appendices A and B of this part) and not the list of CERCLA Hazardous Substances (40 CFR 302.4). Comply with the release notification requirements of CERCLA section 103 and its implementing regulations (40 CFR part 302). Call the NRC at 800–424–8802. Note: This table only applies to reportable releases, not to exempt releases. jlentini on PROD1PC65 with RULES2 § 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-ToKnow 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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. PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 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), E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 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 65467 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 quantity * (pounds) Threshold planning quantity (pounds) Chemical name Notes 75–86–5 ....................... 1752–30–3 ................... 107–02–8 ..................... 79–06–1 ....................... 107–13–1 ..................... 814–68–6 ..................... 111–69–3 ..................... 116–06–3 ..................... 309–00–2 ..................... 107–18–6 ..................... 107–11–9 ..................... 20859–73–8 ................. 54–62–6 ....................... 78–53–5 ....................... 3734–97–2 ................... 7664–41–7 ................... 300–62–9 ..................... 62–53–3 ....................... 88–05–1 ....................... 7783–70–2 ................... 1397–94–0 ................... 86–88–4 ....................... 1303–28–2 ................... 1327–53–3 ................... 7784–34–1 ................... 7784–42–1 ................... 2642–71–9 ................... 86–50–0 ....................... 98–87–3 ....................... 98–16–8 ....................... 100–14–1 ..................... 98–05–5 ....................... 3615–21–2 ................... 98–07–7 ....................... 100–44–7 ..................... 140–29–4 ..................... 15271–41–7 ................. jlentini on PROD1PC65 with RULES2 CAS No. Acetone Cyanohydrin .......................................................................... Acetone Thiosemicarbazide ................................................................ Acrolein ............................................................................................... Acrylamide .......................................................................................... Acrylonitrile .......................................................................................... Acrylyl Chloride ................................................................................... Adiponitrile .......................................................................................... Aldicarb ............................................................................................... Aldrin ................................................................................................... Allyl Alcohol ......................................................................................... Allylamine ............................................................................................ Aluminum Phosphide .......................................................................... Aminopterin ......................................................................................... Amiton ................................................................................................. Amiton Oxalate ................................................................................... Ammonia ............................................................................................. Amphetamine ...................................................................................... Aniline ................................................................................................. Aniline, 2,4,6-Trimethyl- ...................................................................... Antimony Pentafluoride ....................................................................... Antimycin A ......................................................................................... ANTU .................................................................................................. Arsenic Pentoxide ............................................................................... Arsenous Oxide .................................................................................. Arsenous Trichloride ........................................................................... Arsine .................................................................................................. Azinphos-Ethyl .................................................................................... Azinphos-Methyl .................................................................................. Benzal Chloride ................................................................................... Benzenamine, 3-(Trifluoromethyl)- ..................................................... Benzene, 1-(Chloromethyl)-4-Nitro- .................................................... Benzenearsonic Acid .......................................................................... Benzimidazole, 4,5-Dichloro-2-(Trifluoromethyl)- ............................... Benzotrichloride .................................................................................. Benzyl Chloride ................................................................................... Benzyl Cyanide ................................................................................... Bicyclo[2.2.1]Heptane-2-Carbonitrile, 5-Chloro-6((((Methylamino)Carbonyl)Oxy)Imino)-, (1s-(1-alpha,2-beta,4alpha,5-alpha,6E))-. Bis(Chloromethyl) Ketone ................................................................... Bitoscanate ......................................................................................... Boron Trichloride ................................................................................. Boron Trifluoride ................................................................................. Boron Trifluoride Compound With Methyl Ether (1:1) ........................ Bromadiolone ...................................................................................... Bromine ............................................................................................... Cadmium Oxide .................................................................................. ................ ................ ................ f .............. f .............. d ............. f .............. b ............. ................ ................ ................ a ............. ................ ................ ................ f .............. ................ f .............. ................ ................ b ............. ................ ................ d ............. ................ ................ ................ ................ ................ ................ ................ ................ c ............. ................ ................ d ............. ................ 10 1,000 1 5,000 100 100 1,000 1 1 100 500 100 500 500 100 100 1,000 5,000 500 500 1,000 100 1 1 1 100 100 1 5,000 500 500 10 500 10 100 500 500 1,000 1,000/10,000 500 1,000/10,000 10,000 100 1,000 100/10,000 500/10,000 1,000 500 500 500/10,000 500 100/10,000 500 1,000 1,000 500 500 1,000/10,000 500/10,000 100/10,000 100/10,000 500 100 100/10,000 10/10,000 500 500 500/10,000 10/10,000 500/10,000 100 500 500 500/10,000 ................ ................ ................ ................ ................ ................ f .............. ................ 10 500 500 500 1,000 100 500 100 10/10,000 500/10,000 500 500 1,000 100/10,000 500 100/10,000 534–07–6 ..................... 4044–65–9 ................... 10294–34–5 ................. 7637–07–2 ................... 353–42–4 ..................... 28772–56–7 ................. 7726–95–6 ................... 1306–19–0 ................... VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 65468 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [Alphabetical Order] Reportable quantity * (pounds) Threshold planning quantity (pounds) CAS No. Chemical name Notes 2223–93–0 ................... 7778–44–1 ................... 8001–35–2 ................... 56–25–7 ....................... 51–83–2 ....................... 26419–73–8 ................. Cadmium Stearate .............................................................................. Calcium Arsenate ................................................................................ Camphechlor ....................................................................................... Cantharidin .......................................................................................... Carbachol Chloride ............................................................................. Carbamic Acid, Methyl-, O-(((2,4-Dimethyl-1, 3-Dithiolan-2yl)Methylene)Amino)-. Carbofuran .......................................................................................... Carbon Disulfide ................................................................................. Carbophenothion ................................................................................. Chlordane ............................................................................................ Chlorfenvinfos ..................................................................................... Chlorine ............................................................................................... Chlormephos ....................................................................................... Chlormequat Chloride ......................................................................... Chloroacetic Acid ................................................................................ Chloroethanol ...................................................................................... Chloroethyl Chloroformate .................................................................. Chloroform .......................................................................................... Chloromethyl Ether ............................................................................. Chloromethyl Methyl Ether ................................................................. Chlorophacinone ................................................................................. Chloroxuron ......................................................................................... Chlorthiophos ...................................................................................... Chromic Chloride ................................................................................ Cobalt, ((2,2′-(1,2-Ethanediylbis (Nitrilomethylidyne)) Bis(6Fluorophenolato))(2-)-N,N′,O,O′)-. Cobalt Carbonyl .................................................................................. Colchicine ............................................................................................ Coumaphos ......................................................................................... Coumatetralyl ...................................................................................... Cresol, o- ............................................................................................ Crimidine ............................................................................................. Crotonaldehyde ................................................................................... Crotonaldehyde, (E)- ........................................................................... Cyanogen Bromide ............................................................................. Cyanogen Iodide ................................................................................. Cyanophos .......................................................................................... Cyanuric Fluoride ................................................................................ Cycloheximide ..................................................................................... Cyclohexylamine ................................................................................. Decaborane(14) .................................................................................. Demeton .............................................................................................. Demeton-S-Methyl .............................................................................. Dialifor ................................................................................................. Diborane .............................................................................................. Dichloroethyl ether .............................................................................. Dichloromethylphenylsilane ................................................................ Dichlorvos ........................................................................................... Dicrotophos ......................................................................................... Diepoxybutane .................................................................................... Diethyl Chlorophosphate ..................................................................... Digitoxin .............................................................................................. Diglycidyl Ether ................................................................................... Digoxin ................................................................................................ Dimefox ............................................................................................... Dimethoate .......................................................................................... Dimethyl Phosphorochloridothioate .................................................... Dimethyl sulfate .................................................................................. Dimethyldichlorosilane ........................................................................ Dimethylhydrazine ............................................................................... Dimethyl-p-Phenylenediamine ............................................................ Dimetilan ............................................................................................. Dinitrocresol ........................................................................................ Dinoseb ............................................................................................... Dinoterb ............................................................................................... Dioxathion ........................................................................................... Diphacinone ........................................................................................ b ............. ................ ................ ................ ................ ................ 1,000 1 1 100 500 100 1,000/10,000 500/10,000 500/10,000 100/10,000 500/10,000 100/10,000 ................ f .............. ................ ................ ................ ................ ................ d ............. ................ ................ ................ f .............. d ............. b ............. ................ ................ d ............. ................ ................ 10 100 500 1 500 10 500 100 100 500 1,000 10 10 10 100 500 500 1 100 10/10,000 10,000 500 1,000 500 100 500 100/10,000 100/10,000 500 1,000 10,000 100 100 100/10,000 500/10,000 500 1/10,000 100/10,000 d ............. d ............. ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ f .............. ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ d ............. b ............. ................ d ............. ................ ................ ................ ................ d ............. ................ ................ ................ ................ ................ ................ ................ ................ 10 10 10 500 100 100 100 100 1,000 1,000 1,000 100 100 10,000 500 500 500 100 100 10 1,000 10 100 10 500 100 1,000 10 500 10 500 100 500 10 10 1 10 1,000 500 500 10 10/10,000 10/10,000 100/10,000 500/10,000 1,000/10,000 100/10,000 1,000 1,000 500/10,000 1,000/10,000 1,000 100 100/10,000 10,000 500/10,000 500 500 100/10,000 100 10,000 1,000 1,000 100 500 500 100/10,000 1,000 10/10,000 500 500/10,000 500 500 500 1,000 10/10,000 500/10,000 10/10,000 100/10,000 500/10,000 500 10/10,000 jlentini on PROD1PC65 with RULES2 1563–66–2 ................... 75–15–0 ....................... 786–19–6 ..................... 57–74–9 ....................... 470–90–6 ..................... 7782–50–5 ................... 24934–91–6 ................. 999–81–5 ..................... 79–11–8 ....................... 107–07–3 ..................... 627–11–2 ..................... 67–66–3 ....................... 542–88–1 ..................... 107–30–2 ..................... 3691–35–8 ................... 1982–47–4 ................... 21923–23–9 ................. 10025–73–7 ................. 62207–76–5 ................. 10210–68–1 ................. 64–86–8 ....................... 56–72–4 ....................... 5836–29–3 ................... 95–48–7 ....................... 535–89–7 ..................... 4170–30–3 ................... 123–73–9 ..................... 506–68–3 ..................... 506–78–5 ..................... 2636–26–2 ................... 675–14–9 ..................... 66–81–9 ....................... 108–91–8 ..................... 17702–41–9 ................. 8065–48–3 ................... 919–86–8 ..................... 10311–84–9 ................. 19287–45–7 ................. 111–44–4 ..................... 149–74–6 ..................... 62–73–7 ....................... 141–66–2 ..................... 1464–53–5 ................... 814–49–3 ..................... 71–63–6 ....................... 2238–07–5 ................... 20830–75–5 ................. 115–26–4 ..................... 60–51–5 ....................... 2524–03–0 ................... 77–78–1 ....................... 75–78–5 ....................... 57–14–7 ....................... 99–98–9 ....................... 644–64–4 ..................... 534–52–1 ..................... 88–85–7 ....................... 1420–07–1 ................... 78–34–2 ....................... 82–66–6 ....................... VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 65469 APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [Alphabetical Order] Reportable quantity * (pounds) jlentini on PROD1PC65 with RULES2 CAS No. Chemical name Notes 152–16–9 ..................... 298–04–4 ..................... 514–73–8 ..................... 541–53–7 ..................... 316–42–7 ..................... 115–29–7 ..................... 2778–04–3 ................... 72–20–8 ....................... 106–89–8 ..................... 2104–64–5 ................... 50–14–6 ....................... 379–79–3 ..................... 1622–32–8 ................... 10140–87–1 ................. 563–12–2 ..................... 13194–48–4 ................. 538–07–8 ..................... 371–62–0 ..................... 75–21–8 ....................... 107–15–3 ..................... 151–56–4 ..................... 542–90–5 ..................... 22224–92–6 ................. 115–90–2 ..................... 4301–50–2 ................... 7782–41–4 ................... 640–19–7 ..................... 144–49–0 ..................... 359–06–8 ..................... 51–21–8 ....................... 944–22–9 ..................... 50–00–0 ....................... 107–16–4 ..................... 23422–53–9 ................. 2540–82–1 ................... 17702–57–7 ................. 21548–32–3 ................. 3878–19–1 ................... 110–00–9 ..................... 13450–90–3 ................. 77–47–4 ....................... 4835–11–4 ................... 302–01–2 ..................... 74–90–8 ....................... 7647–01–0 ................... 7664–39–3 ................... 7722–84–1 ................... 7783–07–5 ................... 7783–06–4 ................... 123–31–9 ..................... 13463–40–6 ................. 297–78–9 ..................... 78–82–0 ....................... 102–36–3 ..................... 465–73–6 ..................... 55–91–4 ....................... 4098–71–9 ................... 108–23–6 ..................... 119–38–0 ..................... 78–97–7 ....................... 21609–90–5 ................. 541–25–3 ..................... 58–89–9 ....................... 7580–67–8 ................... 109–77–3 ..................... 12108–13–3 ................. 51–75–2 ....................... 950–10–7 ..................... Diphosphoramide, Octamethyl- .......................................................... Disulfoton ............................................................................................ Dithiazanine Iodide ............................................................................. Dithiobiuret .......................................................................................... Emetine, Dihydrochloride .................................................................... Endosulfan .......................................................................................... Endothion ............................................................................................ Endrin .................................................................................................. Epichlorohydrin ................................................................................... EPN ..................................................................................................... Ergocalciferol ...................................................................................... Ergotamine Tartrate ............................................................................ Ethanesulfonyl Chloride, 2-Chloro- ..................................................... Ethanol, 1,2-Dichloro-, Acetate ........................................................... Ethion .................................................................................................. Ethoprophos ........................................................................................ Ethylbis(2-Chloroethyl)Amine .............................................................. Ethylene Fluorohydrin ......................................................................... Ethylene Oxide .................................................................................... Ethylenediamine .................................................................................. Ethyleneimine ...................................................................................... Ethylthiocyanate .................................................................................. Fenamiphos ........................................................................................ Fensulfothion ....................................................................................... Fluenetil ............................................................................................... Fluorine ............................................................................................... Fluoroacetamide ................................................................................. Fluoroacetic Acid ................................................................................ Fluoroacetyl Chloride .......................................................................... Fluorouracil ......................................................................................... Fonofos ............................................................................................... Formaldehyde ..................................................................................... Formaldehyde Cyanohydrin ................................................................ Formetanate Hydrochloride ................................................................ Formothion .......................................................................................... Formparanate ...................................................................................... Fosthietan ........................................................................................... Fuberidazole ....................................................................................... Furan ................................................................................................... Gallium Trichloride .............................................................................. Hexachlorocyclopentadiene ................................................................ Hexamethylenediamine, N,N′-Dibutyl- ................................................ Hydrazine ............................................................................................ Hydrocyanic Acid ................................................................................ Hydrogen Chloride (gas only) ............................................................. Hydrogen Fluoride .............................................................................. Hydrogen Peroxide (Conc > 52%) ...................................................... Hydrogen Selenide ............................................................................. Hydrogen Sulfide ................................................................................ Hydroquinone ...................................................................................... Iron, Pentacarbonyl- ............................................................................ Isobenzan ............................................................................................ Isobutyronitrile ..................................................................................... Isocyanic Acid, 3,4-Dichlorophenyl Ester ........................................... Isodrin ................................................................................................. Isofluorphate ....................................................................................... Isophorone Diisocyanate .................................................................... Isopropyl Chloroformate ...................................................................... Isopropylmethyl-pyrazolyl Dimethylcarbamate ................................... Lactonitrile ........................................................................................... Leptophos ........................................................................................... Lewisite ............................................................................................... Lindane ............................................................................................... Lithium Hydride ................................................................................... Malononitrile ........................................................................................ Manganese, Tricarbonyl Methylcyclopentadienyl ............................... Mechlorethamine ................................................................................. Mephosfolan ........................................................................................ ................ ................ ................ ................ d ............. ................ ................ ................ f .............. ................ b ............. ................ ................ ................ ................ ................ d ............. b, d ......... f .............. ................ ................ ................ ................ d ............. ................ e ............. ................ ................ b ............. ................ ................ f .............. d ............. d ............. ................ ................ ................ ................ ................ ................ d ............. ................ ................ ................ f .............. ................ f .............. ................ f .............. f .............. ................ ................ d ............. ................ ................ b ............. g ............. ................ ................ ................ ................ b, d ......... ................ a ............. ................ d ............. b ............. ................ VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 100 1 500 100 1 1 500 1 100 100 1,000 500 500 1,000 10 1,000 500 10 10 5,000 1 10,000 10 500 100 10 100 10 10 500 500 100 1,000 100 100 100 500 100 100 500 10 500 1 10 5,000 100 1,000 10 100 100 100 100 1,000 500 1 100 500 1,000 100 1,000 500 10 1 100 1,000 100 10 500 Threshold planning quantity (pounds) 100 500 500/10,000 100/10,000 1/10,000 10/10,000 500/10,000 500/10,000 1,000 100/10,000 1,000/10,000 500/10,000 500 1,000 1,000 1,000 500 10 1,000 10,000 500 10,000 10/10,000 500 100/10,000 500 100/10,000 10/10,000 10 500/10,000 500 500 1,000 500/10,000 100 100/10,000 500 100/10,000 500 500/10,000 100 500 1,000 100 500 100 1,000 10 500 500/10,000 100 100/10,000 1,000 500/10,000 100/10,000 100 500 1,000 500 1,000 500/10,000 10 1,000/10,000 100 500/10,000 100 10 500 65470 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [Alphabetical Order] Reportable quantity * (pounds) jlentini on PROD1PC65 with RULES2 CAS No. Chemical name Notes 1600–27–7 ................... 7487–94–7 ................... 21908–53–2 ................. 10476–95–6 ................. 760–93–0 ..................... 126–98–7 ..................... 920–46–7 ..................... 30674–80–7 ................. 10265–92–6 ................. 558–25–8 ..................... 950–37–8 ..................... 2032–65–7 ................... 16752–77–5 ................. 151–38–2 ..................... 80–63–7 ....................... 74–83–9 ....................... 79–22–1 ....................... 60–34–4 ....................... 624–83–9 ..................... 556–61–6 ..................... 74–93–1 ....................... 3735–23–7 ................... 676–97–1 ..................... 556–64–9 ..................... 78–94–4 ....................... 502–39–6 ..................... 75–79–6 ....................... 1129–41–5 ................... 7786–34–7 ................... 315–18–4 ..................... 50–07–7 ....................... 6923–22–4 ................... 2763–96–4 ................... 505–60–2 ..................... 13463–39–3 ................. 54–11–5 ....................... 65–30–5 ....................... 7697–37–2 ................... 10102–43–9 ................. 98–95–3 ....................... 1122–60–7 ................... 10102–44–0 ................. 62–75–9 ....................... 991–42–4 ..................... 0 ................................... 630–60–4 ..................... 23135–22–0 ................. 78–71–7 ....................... 2497–07–6 ................... 10028–15–6 ................. 1910–42–5 ................... 2074–50–2 ................... 56–38–2 ....................... 298–00–0 ..................... 12002–03–8 ................. 19624–22–7 ................. 2570–26–5 ................... 79–21–0 ....................... 594–42–3 ..................... 108–95–2 ..................... 4418–66–0 ................... 64–00–6 ....................... 58–36–6 ....................... 696–28–6 ..................... 59–88–1 ....................... 62–38–4 ....................... 2097–19–0 ................... 103–85–5 ..................... Mercuric Acetate ................................................................................. Mercuric Chloride ................................................................................ Mercuric Oxide .................................................................................... Methacrolein Diacetate ....................................................................... Methacrylic Anhydride ......................................................................... Methacrylonitrile .................................................................................. Methacryloyl Chloride ......................................................................... Methacryloyloxyethyl Isocyanate ........................................................ Methamidophos ................................................................................... Methanesulfonyl Fluoride .................................................................... Methidathion ........................................................................................ Methiocarb .......................................................................................... Methomyl ............................................................................................. Methoxyethylmercuric Acetate ............................................................ Methyl 2-Chloroacrylate ...................................................................... Methyl Bromide ................................................................................... Methyl Chloroformate .......................................................................... Methyl Hydrazine ................................................................................ Methyl Isocyanate ............................................................................... Methyl Isothiocyanate ......................................................................... Methyl Mercaptan ............................................................................... Methyl Phenkapton ............................................................................. Methyl Phosphonic Dichloride ............................................................ Methyl Thiocyanate ............................................................................. Methyl Vinyl Ketone ............................................................................ Methylmercuric Dicyanamide .............................................................. Methyltrichlorosilane ........................................................................... Metolcarb ............................................................................................ Mevinphos ........................................................................................... Mexacarbate ....................................................................................... Mitomycin C ........................................................................................ Monocrotophos ................................................................................... Muscimol ............................................................................................. Mustard Gas ....................................................................................... Nickel Carbonyl ................................................................................... Nicotine ............................................................................................... Nicotine Sulfate ................................................................................... Nitric Acid ............................................................................................ Nitric Oxide ......................................................................................... Nitrobenzene ....................................................................................... Nitrocyclohexane ................................................................................. Nitrogen Dioxide ................................................................................. Nitrosodimethylamine .......................................................................... Norbormide ......................................................................................... Organorhodium Complex (PMN–82–147) .......................................... Ouabain ............................................................................................... Oxamyl ................................................................................................ Oxetane, 3,3-Bis(Chloromethyl)- ........................................................ Oxydisulfoton ...................................................................................... Ozone .................................................................................................. Paraquat Dichloride ............................................................................ Paraquat Methosulfate ........................................................................ Parathion ............................................................................................. Parathion-Methyl ................................................................................. Paris Green ......................................................................................... Pentaborane ........................................................................................ Pentadecylamine ................................................................................. Peracetic Acid ..................................................................................... Perchloromethylmercaptan ................................................................. Phenol ................................................................................................. Phenol, 2,2′-Thiobis(4-Chloro-6-Methyl)- ............................................ Phenol, 3-(1-Methylethyl)-, Methylcarbamate ..................................... Phenoxarsine, 10,10′-Oxydi- ............................................................... Phenyl Dichloroarsine ......................................................................... Phenylhydrazine Hydrochloride .......................................................... Phenylmercury Acetate ....................................................................... Phenylsilatrane .................................................................................... Phenylthiourea .................................................................................... ................ ................ ................ ................ ................ d ............. ................ d ............. ................ ................ ................ ................ d ............. ................ ................ f .............. d ............. ................ ................ a ............. f .............. ................ a ............. ................ ................ ................ d ............. ................ ................ d ............. ................ ................ ................ d ............. ................ b ............. ................ ................ b ............. f .............. ................ ................ d ............. ................ ................ b ............. ................ ................ d ............. ................ ................ ................ b ............. b ............. ................ ................ ................ ................ ................ ................ ................ ................ ................ d ............. ................ ................ d ............. ................ VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 500 500 500 1,000 500 1,000 100 100 100 1,000 500 10 100 500 500 1,000 1,000 10 10 500 100 500 100 10,000 10 500 500 1,000 10 1,000 10 10 1,000 500 10 100 100 1,000 10 1,000 500 10 10 100 10 100 100 500 500 100 10 10 10 100 1 500 100 500 100 1,000 100 10 500 1 1,000 100 100 100 Threshold planning quantity (pounds) 500/10,000 500/10,000 500/10,000 1,000 500 500 100 100 100/10,000 1,000 500/10,000 500/10,000 500/10,000 500/10,000 500 1,000 500 500 500 500 500 500 100 10,000 10 500/10,000 500 100/10,000 500 500/10,000 500/10,000 10/10,000 500/10,000 500 1 100 100/10,000 1,000 100 10,000 500 100 1,000 100/10,000 10/10,000 100/10,000 100/10,000 500 500 100 10/10,000 10/10,000 100 100/10,000 500/10,000 500 100/10,000 500 500 500/10,000 100/10,000 500/10,000 500/10,000 500 1,000/10,000 500/10,000 100/10,000 100/10,000 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 65471 APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [Alphabetical Order] Reportable quantity * (pounds) Threshold planning quantity (pounds) CAS No. Chemical name Notes 298–02–2 ..................... 4104–14–7 ................... 947–02–4 ..................... 75–44–5 ....................... 13171–21–6 ................. 7803–51–2 ................... 2703–13–1 ................... Phorate ................................................................................................ Phosacetim ......................................................................................... Phosfolan ............................................................................................ Phosgene ............................................................................................ Phosphamidon .................................................................................... Phosphine ........................................................................................... Phosphonothioic Acid, Methyl-, O-Ethyl O-(4-(Methylthio) Phenyl) Ester. Phosphonothioic Acid, Methyl-, S-(2-(Bis(1Methylethyl)Amino)Ethyl) O-Ethyl Ester. Phosphonothioic Acid, Methyl-, O-(4-Nitrophenyl) O-Phenyl Ester .... Phosphoric Acid, Dimethyl 4-(Methylthio)Phenyl Ester ...................... Phosphorothioic Acid, O,O-Dimethyl-S-(2-Methylthio) Ethyl Ester ..... Phosphorus ......................................................................................... Phosphorus Oxychloride ..................................................................... Phosphorus Pentachloride .................................................................. Phosphorus Trichloride ....................................................................... Physostigmine ..................................................................................... Physostigmine, Salicylate (1:1) ........................................................... Picrotoxin ............................................................................................ Piperidine ............................................................................................ Pirimifos-Ethyl ..................................................................................... Potassium Arsenite ............................................................................. Potassium Cyanide ............................................................................. Potassium Silver Cyanide ................................................................... Promecarb ........................................................................................... Propargyl Bromide .............................................................................. Propiolactone, Beta- ........................................................................... Propionitrile ......................................................................................... Propionitrile, 3-Chloro- ........................................................................ Propiophenone, 4-Amino- ................................................................... Propyl Chloroformate .......................................................................... Propylene Oxide ................................................................................. Propyleneimine ................................................................................... Prothoate ............................................................................................. Pyrene ................................................................................................. Pyridine, 2-Methyl-5-Vinyl- .................................................................. Pyridine, 4-Amino- .............................................................................. Pyridine, 4-Nitro-,l-Oxide ..................................................................... Pyriminil ............................................................................................... Salcomine ........................................................................................... Sarin .................................................................................................... Selenious Acid .................................................................................... Selenium Oxychloride ......................................................................... Semicarbazide Hydrochloride ............................................................. Silane, (4-Aminobutyl)Diethoxymethyl- ............................................... Sodium Arsenate ................................................................................ Sodium Arsenite .................................................................................. Sodium Azide (Na(N3)) ....................................................................... Sodium Cacodylate ............................................................................. Sodium Cyanide (Na(CN)) .................................................................. Sodium Fluoroacetate ......................................................................... Sodium Selenate ................................................................................. Sodium Selenite .................................................................................. Sodium Tellurite .................................................................................. Stannane, Acetoxytriphenyl- ............................................................... Strychnine ........................................................................................... Strychnine Sulfate ............................................................................... Sulfotep ............................................................................................... Sulfoxide, 3-Chloropropyl Octyl .......................................................... Sulfur Dioxide ...................................................................................... Sulfur Tetrafluoride ............................................................................. Sulfur Trioxide ..................................................................................... Sulfuric Acid ........................................................................................ Tabun .................................................................................................. Tellurium Hexafluoride ........................................................................ TEPP ................................................................................................... Terbufos .............................................................................................. ................ ................ ................ f .............. ................ ................ ................ 10 100 100 10 100 100 500 10 100/10,000 100/10,000 10 100 500 500 ................ 100 100 ................ ................ b, c ......... a, d ......... ................ a ............. ................ ................ ................ ................ ................ ................ ................ a ............. a ............. d ............. ................ ................ ................ ................ c ............. ................ f .............. ................ ................ b ............. ................ d ............. ................ d ............. ................ d ............. ................ ................ ................ ................ ................ ................ a ............. ................ a ............. ................ ................ d ............. ................ c ............. b ............. ................ ................ ................ f .............. ................ a ............. ................ b, d ........ e ............. ................ d ............. 500 500 500 1 1,000 500 1,000 100 100 500 1,000 1,000 1 10 1 1,000 10 10 10 1,000 100 500 100 1 100 5,000 500 1,000 500 100 500 10 10 500 1,000 1,000 1,00 1 1 1,000 100 10 10 100 100 500 500 10 10 100 500 500 100 100 1,000 10 100 10 100 500 500 500 100 500 500 1,000 100/10,000 100/10,000 500/10,000 1,000 1,000 500/10,000 100 500 500/10,000 10 500 500 1,000 100/10,000 500 10,000 10,000 100/10,000 1,000/10,000 500 500/10,000 500/10,000 100/10,000 500/10,000 10 1,000/10,000 500 1,000/10,000 0 1,000/10,000 500/10,000 500 100/10,000 100 10/10,000 100/10,000 100/10,000 500/10,000 500/10,000 100/10,000 100/10,000 500 500 500 100 100 1,000 10 100 100 100 jlentini on PROD1PC65 with RULES2 50782–69–9 ................. 2665–30–7 ................... 3254–63–5 ................... 2587–90–8 ................... 7723–14–0 ................... 10025–87–3 ................. 10026–13–8 ................. 7719–12–2 ................... 57–47–6 ....................... 57–64–7 ....................... 124–87–8 ..................... 110–89–4 ..................... 23505–41–1 ................. 10124–50–2 ................. 151–50–8 ..................... 506–61–6 ..................... 2631–37–0 ................... 106–96–7 ..................... 57–57–8 ....................... 107–12–0 ..................... 542–76–7 ..................... 70–69–9 ....................... 109–61–5 ..................... 75–56–9 ....................... 75–55–8 ....................... 2275–18–5 ................... 129–00–0 ..................... 140–76–1 ..................... 504–24–5 ..................... 1124–33–0 ................... 53558–25–1 ................. 14167–18–1 ................. 107–44–8 ..................... 7783–00–8 ................... 7791–23–3 ................... 563–41–7 ..................... 3037–72–7 ................... 7631–89–2 ................... 7784–46–5 ................... 26628–22–8 ................. 124–65–2 ..................... 143–33–9 ..................... 62–74–8 ....................... 13410–01–0 ................. 10102–18–8 ................. 10102–20–2 ................. 900–95–8 ..................... 57–24–9 ....................... 60–41–3 ....................... 3689–24–5 ................... 3569–57–1 ................... 7446–09–5 ................... 7783–60–0 ................... 7446–11–9 ................... 7664–93–9 ................... 77–81–6 ....................... 7783–80–4 ................... 107–49–3 ..................... 13071–79–9 ................. VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 65472 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations APPENDIX A TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [Alphabetical Order] Reportable quantity * (pounds) Threshold planning quantity (pounds) CAS No. Chemical name Notes 78–00–2 ....................... 597–64–8 ..................... 75–74–1 ....................... 509–14–8 ..................... 10031–59–1 ................. 6533–73–9 ................... 7791–12–0 ................... 2757–18–8 ................... 7446–18–6 ................... 2231–57–4 ................... 39196–18–4 ................. 297–97–2 ..................... 108–98–5 ..................... 79–19–6 ....................... 5344–82–1 ................... 614–78–8 ..................... 7550–45–0 ................... 584–84–9 ..................... 91–08–7 ....................... 110–57–6 ..................... 1031–47–6 ................... 24017–47–8 ................. 76–02–8 ....................... 115–21–9 ..................... 327–98–0 ..................... 98–13–5 ....................... 1558–25–4 ................... 27137–85–5 ................. 998–30–1 ..................... 75–77–4 ....................... 824–11–3 ..................... 1066–45–1 ................... 639–58–7 ..................... 555–77–1 ..................... 2001–95–8 ................... 1314–62–1 ................... 108–05–4 ..................... 81–81–2 ....................... 129–06–6 ..................... 28347–13–9 ................. 58270–08–9 ................. Tetraethyllead ..................................................................................... Tetraethyltin ........................................................................................ Tetramethyllead .................................................................................. Tetranitromethane ............................................................................... Thallium Sulfate .................................................................................. Thallous Carbonate ............................................................................. Thallous Chloride ................................................................................ Thallous Malonate ............................................................................... Thallous Sulfate .................................................................................. Thiocarbazide ...................................................................................... Thiofanox ............................................................................................ Thionazin ............................................................................................. Thiophenol .......................................................................................... Thiosemicarbazide .............................................................................. Thiourea, (2-Chlorophenyl)- ................................................................ Thiourea, (2-Methylphenyl)- ................................................................ Titanium Tetrachloride ........................................................................ Toluene 2,4-Diisocyanate ................................................................... Toluene 2,6-Diisocyanate ................................................................... Trans-1,4-Dichlorobutene ................................................................... Triamiphos .......................................................................................... Triazofos ............................................................................................. Trichloroacetyl Chloride ...................................................................... Trichloroethylsilane ............................................................................. Trichloronate ....................................................................................... Trichlorophenylsilane .......................................................................... Trichloro(Chloromethyl)Silane ............................................................. Trichloro(Dichlorophenyl) Silane ......................................................... Triethoxysilane .................................................................................... Trimethylchlorosilane .......................................................................... Trimethylolpropane Phosphite ............................................................ Trimethyltin Chloride ........................................................................... Triphenyltin Chloride ........................................................................... Tris(2-Chloroethyl)Amine .................................................................... Valinomycin ......................................................................................... Vanadium Pentoxide ........................................................................... Vinyl Acetate Monomer ....................................................................... Warfarin ............................................................................................... Warfarin Sodium ................................................................................. Xylylene Dichloride ............................................................................. Zinc, Dichloro(4,4-Dimethyl-5((((Methylamino)Carbonyl) Oxy)Imino)Pentanenitrile)-, (T-4)-. Zinc Phosphide ................................................................................... b ............. b ............. b, f .......... ................ d ............. b, d ......... b, d ......... b, d ......... ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ d ............. e ............. d ............. ................ ................ ................ ................ d ............. ................ ................ d ............. b ............. ................ f .............. ................ d ............. ................ ................ 10 100 100 10 100 100 100 100 100 1,000 100 100 100 100 100 500 1,000 100 100 500 500 500 500 500 500 500 100 500 500 1,000 100 500 500 100 1,000 1,000 5,000 100 100 100 100 100 100 100 500 100/10,000 100/10,000 100/10,000 100/10,000 100/10,000 1,000/10,000 100/10,000 500 500 100/10,000 100/10,000 500/10,000 100 500 100 500 500/10,000 500 500 500 500 500 100 500 500 1,000 100/10,000 500/10,000 500/10,000 100 1,000/10,000 100/10,000 1,000 500/10,000 100/10,000 100/10,000 100/10,000 a ............. 100 500 1314–84–7 ................... * 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 quantity * (pounds) jlentini on PROD1PC65 with RULES2 CAS No. Chemical name Notes 0 ................................... 50–00–0 ....................... 50–07–7 ....................... 50–14–6 ....................... Organorhodium Complex (PMN–82–147) .......................................... Formaldehyde ..................................................................................... Mitomycin C ........................................................................................ Ergocalciferol ...................................................................................... ................ f .............. ................ b ............. VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 10 100 10 1,000 Threshold planning quantity (pounds) 10/10,000 500 500/10,000 1,000/10,000 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 65473 APPENDIX B TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [CAS Number Order] jlentini on PROD1PC65 with RULES2 CAS No. 51–21–8 51–75–2 51–83–2 54–11–5 54–62–6 55–91–4 56–25–7 56–38–2 56–72–4 57–14–7 57–24–9 57–47–6 57–57–8 57–64–7 57–74–9 58–36–6 58–89–9 59–88–1 60–34–4 60–41–3 60–51–5 62–38–4 62–53–3 62–73–7 62–74–8 62–75–9 64–00–6 64–86–8 65–30–5 66–81–9 67–66–3 70–69–9 71–63–6 72–20–8 74–83–9 74–90–8 74–93–1 75–15–0 75–21–8 75–44–5 75–55–8 75–56–9 75–74–1 75–77–4 75–78–5 75–79–6 75–86–5 76–02–8 77–47–4 77–78–1 77–81–6 78–00–2 78–34–2 78–53–5 78–71–7 78–82–0 78–94–4 78–97–7 79–06–1 79–11–8 79–19–6 79–21–0 79–22–1 80–63–7 81–81–2 82–66–6 86–50–0 86–88–4 ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... VerDate Aug<31>2005 Reportable quantity * (pounds) Chemical name Notes Fluorouracil ......................................................................................... Mechlorethamine ................................................................................. Carbachol Chloride ............................................................................. Nicotine ............................................................................................... Aminopterin ......................................................................................... Isofluorphate ....................................................................................... Cantharidin .......................................................................................... Parathion ............................................................................................. Coumaphos ......................................................................................... Dimethylhydrazine ............................................................................... Strychnine ........................................................................................... Physostigmine ..................................................................................... Propiolactone, Beta- ........................................................................... Physostigmine, Salicylate (1:1) ........................................................... Chlordane ............................................................................................ Phenoxarsine, 10,10′-Oxydi- ............................................................... Lindane ............................................................................................... Phenylhydrazine Hydrochloride .......................................................... Methyl Hydrazine ................................................................................ Strychnine sulfate ............................................................................... Dimethoate .......................................................................................... Phenylmercury Acetate ....................................................................... Aniline ................................................................................................. Dichlorvos ........................................................................................... Sodium Fluoroacetate ......................................................................... Nitrosodimethylamine .......................................................................... Phenol, 3-(1-Methylethyl)-, Methylcarbamate ..................................... Colchicine ............................................................................................ Nicotine sulfate ................................................................................... Cycloheximide ..................................................................................... Chloroform .......................................................................................... Propiophenone, 4-Amino- ................................................................... Digitoxin .............................................................................................. Endrin .................................................................................................. Methyl Bromide ................................................................................... Hydrocyanic Acid ................................................................................ Methyl Mercaptan ............................................................................... Carbon Disulfide ................................................................................. Ethylene Oxide .................................................................................... Phosgene ............................................................................................ Propyleneimine ................................................................................... Propylene Oxide ................................................................................. Tetramethyllead .................................................................................. Trimethylchlorosilane .......................................................................... Dimethyldichlorosilane ........................................................................ Methyltrichlorosilane ........................................................................... Acetone Cyanohydrin .......................................................................... Trichloroacetyl Chloride ...................................................................... Hexachlorocyclopentadiene ................................................................ Dimethyl Sulfate .................................................................................. Tabun .................................................................................................. Tetraethyllead ..................................................................................... Dioxathion ........................................................................................... Amiton ................................................................................................. Oxetane, 3,3-Bis(Chloromethyl)- ........................................................ Isobutyronitrile ..................................................................................... Methyl Vinyl Ketone ............................................................................ Lactonitrile ........................................................................................... Acrylamide .......................................................................................... Chloroacetic Acid ................................................................................ Thiosemicarbazide .............................................................................. Peracetic Acid ..................................................................................... Methyl Chloroformate .......................................................................... Methyl 2-Chloroacrylate ...................................................................... Warfarin ............................................................................................... Diphacinone ........................................................................................ Azinphos-Methyl .................................................................................. ANTU .................................................................................................. ................ b ............. ................ b ............. ................ b ............. ................ b ............. ................ ................ b ............. ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ f .............. ................ ................ d ............. ................ d ............. ................ ................ f .............. c ............. b ............. ................ f .............. ................ f .............. f .............. f .............. f .............. ................ f .............. b, f .......... ................ d ............. d ............. ................ ................ d ............. ................ b, d ........ b ............. ................ ................ ................ d ............. ................ ................ f .............. ................ ................ ................ d ............. ................ ................ ................ ................ ................ 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 500 10 500 100 500 100 100 10 10 10 10 100 10 100 1 500 1 1,000 10 10 10 100 5,000 10 10 10 10 10 100 100 10 100 100 1 1,000 10 100 100 10 10 1 100 100 1,000 500 500 10 500 10 100 10 10 500 500 500 1,000 10 1,000 5,000 100 100 500 1,000 500 100 10 1 100 Threshold planning quantity (pounds) 500/10,000 10 500/10,000 100 500/10,000 100 100/10,000 100 100/10,000 1,000 100/10,000 100/10,000 500 100/10,000 1,000 500/10,000 1,000/10,000 1,000/10,000 500 100/10,000 500/10,000 500/10,000 1,000 1,000 10/10,000 1,000 500/10,000 10/10,000 100/10,000 100/10,000 10,000 100/10,000 100/10,000 500/10,000 1,000 100 500 10,000 1,000 10 10,000 10,000 100 1,000 500 500 1,000 500 100 500 10 100 500 500 500 1,000 10 1,000 1,000/10,000 100/10,000 100/10,000 500 500 500 500/10,000 10/10,000 10/10,000 500/10,000 65474 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations APPENDIX B TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [CAS Number Order] Reportable quantity * (pounds) jlentini on PROD1PC65 with RULES2 CAS No. Chemical name Notes 88–05–1 ....................... 88–85–7 ....................... 91–08–7 ....................... 95–48–7 ....................... 98–05–5 ....................... 98–07–7 ....................... 98–13–5 ....................... 98–16–8 ....................... 98–87–3 ....................... 98–95–3 ....................... 99–98–9 ....................... 100–14–1 ..................... 100–44–7 ..................... 102–36–3 ..................... 103–85–5 ..................... 106–89–8 ..................... 106–96–7 ..................... 107–02–8 ..................... 107–07–3 ..................... 107–11–9 ..................... 107–12–0 ..................... 107–13–1 ..................... 107–15–3 ..................... 107–16–4 ..................... 107–18–6 ..................... 107–30–2 ..................... 107–44–8 ..................... 107–49–3 ..................... 108–05–4 ..................... 108–23–6 ..................... 108–91–8 ..................... 108–95–2 ..................... 108–98–5 ..................... 109–61–5 ..................... 109–77–3 ..................... 110–00–9 ..................... 110–57–6 ..................... 110–89–4 ..................... 111–44–4 ..................... 111–69–3 ..................... 115–21–9 ..................... 115–26–4 ..................... 115–29–7 ..................... 115–90–2 ..................... 116–06–3 ..................... 119–38–0 ..................... 123–31–9 ..................... 123–73–9 ..................... 124–65–2 ..................... 124–87–8 ..................... 126–98–7 ..................... 129–00–0 ..................... 129–06–6 ..................... 140–29–4 ..................... 140–76–1 ..................... 141–66–2 ..................... 143–33–9 ..................... 144–49–0 ..................... 149–74–6 ..................... 151–38–2 ..................... 151–50–8 ..................... 151–56–4 ..................... 152–16–9 ..................... 297–78–9 ..................... 297–97–2 ..................... 298–00–0 ..................... 298–02–2 ..................... 298–04–4 ..................... Aniline, 2,4,6-Trimethyl- ...................................................................... Dinoseb ............................................................................................... Toluene 2,6-Diisocyanate ................................................................... Cresol, o- ............................................................................................ Benzenearsonic Acid .......................................................................... Benzotrichloride .................................................................................. Trichlorophenylsilane .......................................................................... Benzenamine, 3-(Trifluoromethyl)- ..................................................... Benzal Chloride ................................................................................... Nitrobenzene ....................................................................................... Dimethyl-p-Phenylenediamine ............................................................ Benzene, 1-(Chloromethyl)-4-Nitro- .................................................... Benzyl Chloride ................................................................................... Isocyanic Acid, 3,4-Dichlorophenyl Ester ........................................... Phenylthiourea .................................................................................... Epichlorohydrin ................................................................................... Propargyl Bromide .............................................................................. Acrolein ............................................................................................... Chloroethanol ...................................................................................... Allylamine ............................................................................................ Propionitrile ......................................................................................... Acrylonitrile .......................................................................................... Ethylenediamine .................................................................................. Formaldehyde Cyanohydrin ................................................................ Allyl Alcohol ......................................................................................... Chloromethyl Methyl Ether ................................................................. Sarin .................................................................................................... TEPP ................................................................................................... Vinyl Acetate Monomer ....................................................................... Isopropyl Chloroformate ...................................................................... Cyclohexylamine ................................................................................. Phenol ................................................................................................. Thiophenol .......................................................................................... Propyl Chloroformate .......................................................................... Malononitrile ........................................................................................ Furan ................................................................................................... Trans-1,4-Dichlorobutene ................................................................... Piperidine ............................................................................................ Dichloroethyl Ether .............................................................................. Adiponitrile .......................................................................................... Trichloroethylsilane ............................................................................. Dimefox ............................................................................................... Endosulfan .......................................................................................... Fensulfothion ....................................................................................... Aldicarb ............................................................................................... Isopropylmethyl-pyrazolyl Dimethylcarbamate ................................... Hydroquinone ...................................................................................... Crotonaldehyde, (E)- ........................................................................... Sodium Cacodylate ............................................................................. Picrotoxin ............................................................................................ Methacrylonitrile .................................................................................. Pyrene ................................................................................................. Warfarin Sodium ................................................................................. Benzyl Cyanide ................................................................................... Pyridine, 2-Methyl-5-Vinyl- .................................................................. Dicrotophos ......................................................................................... Sodium Cyanide (Na(CN)) .................................................................. Fluoroacetic Acid ................................................................................ Dichloromethylphenylsilane ................................................................ Methoxyethylmercuric Acetate ............................................................ Potassium Cyanide ............................................................................. Ethyleneimine ...................................................................................... Diphosphoramide, Octamethyl- .......................................................... Isobenzan ............................................................................................ Thionazin ............................................................................................. Parathion-Methyl ................................................................................. Phorate ................................................................................................ Disulfoton ............................................................................................ ................ ................ ................ ................ ................ ................ d ............. ................ ................ f .............. ................ ................ ................ ................ ................ f .............. ................ ................ ................ ................ ................ f .............. ................ d ............. ................ b ............. d ............. ................ f .............. ................ f .............. ................ ................ ................ ................ ................ ................ ................ ................ f .............. d ............. ................ ................ d ............. b ............. ................ f .............. ................ ................ ................ d ............. b ............. d ............. d ............. ................ ................ a ............. ................ ................ ................ a ............. ................ ................ ................ ................ b ............. ................ ................ VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 500 1,000 100 100 10 10 500 500 5,000 1,000 10 500 100 500 100 100 10 1 500 500 10 100 5,000 1,000 100 10 10 10 5,000 1,000 10,000 1,000 100 500 1,000 100 500 1,000 10 1,000 500 500 1 500 1 100 100 100 100 500 1,000 5,000 100 500 500 100 10 10 1,000 500 10 1 100 100 100 100 10 1 Threshold planning quantity (pounds) 500 100/10,000 100 1,000/10,000 10/10,000 100 500 500 500 10,000 10/10,000 500/10,000 500 500/10,000 100/10,000 1,000 10 500 500 500 500 10,000 10,000 1,000 1,000 100 10 100 1,000 1,000 10,000 500/10,000 500 500 500/10,000 500 500 1,000 10,000 1,000 500 500 10/10,000 500 100/10,000 500 500/10,000 1,000 100/10,000 500/10,000 500 1,000/10,000 100/10,000 500 500 100 100 10/10,000 1,000 500/10,000 100 500 100 100/10,000 500 100/10,000 10 500 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 65475 APPENDIX B TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [CAS Number Order] Reportable quantity * (pounds) jlentini on PROD1PC65 with RULES2 CAS No. Chemical name Notes 300–62–9 ..................... 302–01–2 ..................... 309–00–2 ..................... 315–18–4 ..................... 316–42–7 ..................... 327–98–0 ..................... 353–42–4 ..................... 359–06–8 ..................... 371–62–0 ..................... 379–79–3 ..................... 465–73–6 ..................... 470–90–6 ..................... 502–39–6 ..................... 504–24–5 ..................... 505–60–2 ..................... 506–61–6 ..................... 506–68–3 ..................... 506–78–5 ..................... 509–14–8 ..................... 514–73–8 ..................... 534–07–6 ..................... 534–52–1 ..................... 535–89–7 ..................... 538–07–8 ..................... 541–25–3 ..................... 541–53–7 ..................... 542–76–7 ..................... 542–88–1 ..................... 542–90–5 ..................... 555–77–1 ..................... 556–61–6 ..................... 556–64–9 ..................... 558–25–8 ..................... 563–12–2 ..................... 563–41–7 ..................... 584–84–9 ..................... 594–42–3 ..................... 597–64–8 ..................... 614–78–8 ..................... 624–83–9 ..................... 627–11–2 ..................... 630–60–4 ..................... 639–58–7 ..................... 640–19–7 ..................... 644–64–4 ..................... 675–14–9 ..................... 676–97–1 ..................... 696–28–6 ..................... 760–93–0 ..................... 786–19–6 ..................... 814–49–3 ..................... 814–68–6 ..................... 824–11–3 ..................... 900–95–8 ..................... 919–86–8 ..................... 920–46–7 ..................... 944–22–9 ..................... 947–02–4 ..................... 950–10–7 ..................... 950–37–8 ..................... 991–42–4 ..................... 998–30–1 ..................... 999–81–5 ..................... 1031–47–6 ................... 1066–45–1 ................... 1122–60–7 ................... 1124–33–0 ................... 1129–41–5 ................... Amphetamine ...................................................................................... Hydrazine ............................................................................................ Aldrin ................................................................................................... Mexacarbate ....................................................................................... Emetine, Dihydrochloride .................................................................... Trichloronate ....................................................................................... Boron Trifluoride Compound With Methyl Ether (1:1) ........................ Fluoroacetyl Chloride .......................................................................... Ethylene Fluorohydrin ......................................................................... Ergotamine Tartrate ............................................................................ Isodrin ................................................................................................. Chlorfenvinfos ..................................................................................... Methylmercuric Dicyanamide .............................................................. Pyridine, 4-Amino- .............................................................................. Mustard Gas ....................................................................................... Potassium Silver Cyanide ................................................................... Cyanogen Bromide ............................................................................. Cyanogen Iodide ................................................................................. Tetranitromethane ............................................................................... Dithiazanine Iodide ............................................................................. Bis(Chloromethyl) Ketone ................................................................... Dinitrocresol ........................................................................................ Crimidine ............................................................................................. Ethylbis(2-Chloroethyl)Amine .............................................................. Lewisite ............................................................................................... Dithiobiuret .......................................................................................... Propionitrile, 3-Chloro- ........................................................................ Chloromethyl Ether ............................................................................. Ethylthiocyanate .................................................................................. Tris(2-Chloroethyl)Amine .................................................................... Methyl Isothiocyanate ......................................................................... Methyl Thiocyanate ............................................................................. Methanesulfonyl Fluoride .................................................................... Ethion .................................................................................................. Semicarbazide Hydrochloride ............................................................. Toluene 2,4-Diisocyanate ................................................................... Perchloromethylmercaptan ................................................................. Tetraethyltin ........................................................................................ Thiourea, (2-Methylphenyl)- ................................................................ Methyl Isocyanate ............................................................................... Chloroethyl Chloroformate .................................................................. Ouabain ............................................................................................... Triphenyltin Chloride ........................................................................... Fluoroacetamide ................................................................................. Dimetilan ............................................................................................. Cyanuric Fluoride ................................................................................ Methyl Phosphonic Dichloride ............................................................ Phenyl Dichloroarsine ......................................................................... Methacrylic Anhydride ......................................................................... Carbophenothion ................................................................................. Diethyl Chlorophosphate ..................................................................... Acrylyl Chloride ................................................................................... Trimethylolpropane Phosphite ............................................................ Stannane, Acetoxytriphenyl- ............................................................... Demeton-S-Methyl .............................................................................. Methacryloyl Chloride ......................................................................... Fonofos ............................................................................................... Phosfolan ............................................................................................ Mephosfolan ........................................................................................ Methidathion ........................................................................................ Norbormide ......................................................................................... Triethoxysilane .................................................................................... Chlormequat Chloride ......................................................................... Triamiphos .......................................................................................... Trimethyltin Chloride ........................................................................... Nitrocyclohexane ................................................................................. Pyridine, 4-Nitro-,1-Oxide ................................................................... Metolcarb ............................................................................................ ................ ................ ................ ................ d ............. e ............. ................ b ............. b, d ......... ................ ................ ................ ................ d ............. d ............. a ............. ................ ................ ................ ................ ................ ................ ................ d ............. b, d ......... ................ ................ d ............. ................ d ............. a ............. ................ ................ ................ ................ ................ ................ b ............. ................ ................ ................ b ............. ................ ................ ................ ................ a ............. d ............. ................ ................ d ............. d ............. d ............. c ............. ................ ................ ................ ................ ................ ................ ................ ................ d ............. ................ ................ ................ ................ ................ VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 1,000 1 1 1,000 1 500 1,000 10 10 500 1 500 500 1,000 500 1 1,000 1,000 10 500 10 10 100 500 10 100 1,000 10 10,000 100 500 10,000 1,000 10 1,000 100 100 100 500 10 1,000 100 500 100 1 100 100 1 500 500 500 100 100 500 500 100 500 100 500 500 100 500 100 500 500 500 500 1,000 Threshold planning quantity (pounds) 1,000 1,000 500/10,000 500/10,000 1/10,000 500 1,000 10 10 500/10,000 100/10,000 500 500/10,000 500/10,000 500 500 500/10,000 1,000/10,000 500 500/10,000 10/10,000 10/10,000 100/10,000 500 10 100/10,000 1,000 100 10,000 100 500 10,000 1,000 1,000 1,000/10,000 500 500 100 500/10,000 500 1,000 100/10,000 500/10,000 100/10,000 500/10,000 100 100 500 500 500 500 100 100/10,000 500/10,000 500 100 500 100/10,000 500 500/10,000 100/10,000 500 100/10,000 500/10,000 500/10,000 500 500/10,000 100/10,000 65476 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations APPENDIX B TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [CAS Number Order] CAS No. jlentini on PROD1PC65 with RULES2 1303–28–2 1306–19–0 1314–62–1 1314–84–7 1327–53–3 1397–94–0 1420–07–1 1464–53–5 1558–25–4 1563–66–2 1600–27–7 1622–32–8 1752–30–3 1910–42–5 1982–47–4 2001–95–8 2032–65–7 2074–50–2 2097–19–0 2104–64–5 2223–93–0 2231–57–4 2238–07–5 2275–18–5 2497–07–6 2524–03–0 2540–82–1 2570–26–5 2587–90–8 2631–37–0 2636–26–2 2642–71–9 2665–30–7 2703–13–1 ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... 2757–18–8 2763–96–4 2778–04–3 3037–72–7 3254–63–5 3569–57–1 3615–21–2 3689–24–5 3691–35–8 3734–97–2 3735–23–7 3878–19–1 4044–65–9 4098–71–9 4104–14–7 4170–30–3 4301–50–2 4418–66–0 4835–11–4 5344–82–1 5836–29–3 6533–73–9 6923–22–4 7446–09–5 7446–11–9 7446–18–6 7487–94–7 7550–45–0 7580–67–8 7631–89–2 7637–07–2 7647–01–0 7664–39–3 ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... VerDate Aug<31>2005 Reportable quantity * (pounds) Threshold planning quantity (pounds) Chemical name Notes Arsenic Pentoxide ............................................................................... Cadmium Oxide .................................................................................. Vanadium Pentoxide ........................................................................... Zinc Phosphide ................................................................................... Arsenous Oxide .................................................................................. Antimycin A ......................................................................................... Dinoterb ............................................................................................... Diepoxybutane .................................................................................... Trichloro(Chloromethyl)Silane ............................................................. Carbofuran .......................................................................................... Mercuric Acetate ................................................................................. Ethanesulfonyl Chloride, 2-Chloro- ..................................................... Acetone Thiosemicarbazide ................................................................ Paraquat Dichloride ............................................................................ Chloroxuron ......................................................................................... Valinomycin ......................................................................................... Methiocarb .......................................................................................... Paraquat Methosulfate ........................................................................ Phenylsilatrane .................................................................................... EPN ..................................................................................................... Cadmium Stearate .............................................................................. Thiocarbazide ...................................................................................... Diglycidyl Ether ................................................................................... Prothoate ............................................................................................. Oxydisulfoton ...................................................................................... Dimethyl Phosphorochloridothioate .................................................... Formothion .......................................................................................... Pentadecylamine ................................................................................. Phosphorothioic Acid, O,O-Dimethyl-S-(2-Methylthio) Ethyl Ester ..... Promecarb ........................................................................................... Cyanophos .......................................................................................... Azinphos-Ethyl .................................................................................... Phosphonothioic Acid, Methyl-, O-(4-Nitrophenyl) O-Phenyl Ester .... Phosphonothioic Acid, Methyl-, O-Ethyl O-(4-(Methylthio)Phenyl) Ester. Thallous Malonate ............................................................................... Muscimol ............................................................................................. Endothion ............................................................................................ Silane, (4-Aminobutyl)Diethoxymethyl- ............................................... Phosphoric Acid, Dimethyl 4-(Methylthio)Phenyl Ester ...................... Sulfoxide, 3-Chloropropyl Octyl .......................................................... Benzimidazole, 4,5-Dichloro-2-(Trifluoromethyl)- ............................... Sulfotep ............................................................................................... Chlorophacinone ................................................................................. Amiton Oxalate ................................................................................... Methyl Phenkapton ............................................................................. Fuberidazole ....................................................................................... Bitoscanate ......................................................................................... Isophorone Diisocyanate .................................................................... Phosacetim ......................................................................................... Crotonaldehyde ................................................................................... Fluenetil ............................................................................................... Phenol, 2,2′-Thiobis(4-Chloro-6-Methyl)- ............................................ Hexamethylenediamine, N,N′-Dibutyl- ................................................ Thiourea, (2-Chlorophenyl)- ................................................................ Coumatetralyl ...................................................................................... Thallous Carbonate ............................................................................. Monocrotophos ................................................................................... Sulfur Dioxide ...................................................................................... Sulfur Trioxide ..................................................................................... Thallous Sulfate .................................................................................. Mercuric Chloride ................................................................................ Titanium Tetrachloride ........................................................................ Lithium Hydride ................................................................................... Sodium Arsenate ................................................................................ Boron Trifluoride ................................................................................. Hydrogen Chloride (gas only) ............................................................. Hydrogen Fluoride .............................................................................. ................ ................ ................ a ............. d ............. b ............. ................ ................ ................ ................ ................ ................ ................ ................ ................ b ............. ................ ................ d ............. ................ b ............. ................ ................ ................ d ............. ................ ................ ................ b, c ......... d ............. ................ ................ ................ ................ 1 100 1,000 100 1 1,000 500 10 100 10 500 500 1,000 10 500 1,000 10 10 100 100 1,000 1,000 1,000 100 500 500 100 100 500 1,000 1,000 100 500 500 100/10,000 100/10,000 100/10,000 500 100/10,000 1,000/10,000 500/10,000 500 100 10/10,000 500/10,000 500 1,000/10,000 10/10,000 500/10,000 1,000/10,000 500/10,000 10/10,000 100/10,000 100/10,000 1,000/10,000 1,000/10,000 1,000 100/10,000 500 500 100 100/10,000 500 500/10,000 1,000 100/10,000 500 500 b, d ......... ................ ................ ................ ................ ................ c ............. ................ ................ ................ ................ ................ ................ g ............. ................ ................ ................ ................ ................ ................ ................ b, d ......... ................ f .............. a ............. ................ ................ ................ a ............. ................ ................ f .............. ................ 100 1,000 500 1,000 500 500 500 100 100 100 500 100 500 500 100 100 100 100 500 100 500 100 10 500 100 100 500 1,000 100 1 500 5,000 100 100/10,000 500/10,000 500/10,000 1,000 500 500 500/10,000 500 100/10,000 100/10,000 500 100/10,000 500/10,000 500 100/10,000 1,000 100/10,000 100/10,000 500 100/10,000 500/10,000 100/10,000 10/10,000 500 100 100/10,000 500/10,000 100 100 1,000/10,000 500 500 100 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 65477 APPENDIX B TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [CAS Number Order] Reportable quantity * (pounds) Threshold planning quantity (pounds) Chemical name Notes 7664–41–7 ................... 7664–93–9 ................... 7697–37–2 ................... 7719–12–2 ................... 7722–84–1 ................... 7723–14–0 ................... 7726–95–6 ................... 7778–44–1 ................... 7782–41–4 ................... 7782–50–5 ................... 7783–00–8 ................... 7783–06–4 ................... 7783–07–5 ................... 7783–60–0 ................... 7783–70–2 ................... 7783–80–4 ................... 7784–34–1 ................... 7784–42–1 ................... 7784–46–5 ................... 7786–34–7 ................... 7791–12–0 ................... 7791–23–3 ................... 7803–51–2 ................... 8001–35–2 ................... 8065–48–3 ................... 10025–73–7 ................. 10025–87–3 ................. 10026–13–8 ................. 10028–15–6 ................. 10031–59–1 ................. 10102–18–8 ................. 10102–20–2 ................. 10102–43–9 ................. 10102–44–0 ................. 10124–50–2 ................. 10140–87–1 ................. 10210–68–1 ................. 10265–92–6 ................. 10294–34–5 ................. 10311–84–9 ................. 10476–95–6 ................. 12002–03–8 ................. 12108–13–3 ................. 13071–79–9 ................. 13171–21–6 ................. 13194–48–4 ................. 13410–01–0 ................. 13450–90–3 ................. 13463–39–3 ................. 13463–40–6 ................. 14167–18–1 ................. 15271–41–7 ................. jlentini on PROD1PC65 with RULES2 CAS No. Ammonia ............................................................................................. Sulfuric Acid ........................................................................................ Nitric Acid ............................................................................................ Phosphorus Trichloride ....................................................................... Hydrogen Peroxide (Conc >52%) ....................................................... Phosphorus ......................................................................................... Bromine ............................................................................................... Calcium Arsenate ................................................................................ Fluorine ............................................................................................... Chlorine ............................................................................................... Selenious Acid .................................................................................... Hydrogen Sulfide ................................................................................ Hydrogen Selenide ............................................................................. Sulfur Tetrafluoride ............................................................................. Antimony Pentafluoride ....................................................................... Tellurium Hexafluoride ........................................................................ Arsenous Trichloride ........................................................................... Arsine .................................................................................................. Sodium Arsenite .................................................................................. Mevinphos ........................................................................................... Thallous Chloride ................................................................................ Selenium Oxychloride ......................................................................... Phosphine ........................................................................................... Camphechlor ....................................................................................... Demeton .............................................................................................. Chromic Chloride ................................................................................ Phosphorus Oxychloride ..................................................................... Phosphorus Pentachloride .................................................................. Ozone .................................................................................................. Thallium Sulfate .................................................................................. Sodium Selenite .................................................................................. Sodium Tellurite .................................................................................. Nitric Oxide ......................................................................................... Nitrogen Dioxide ................................................................................. Potassium Arsenite ............................................................................. Ethanol, 1,2-Dichloro-, Acetate ........................................................... Cobalt Carbonyl .................................................................................. Methamidophos ................................................................................... Boron Trichloride ................................................................................. Dialifor ................................................................................................. Methacrolein Diacetate ....................................................................... Paris Green ......................................................................................... Manganese, Tricarbonyl Methylcyclopentadienyl ............................... Terbufosh ............................................................................................ Phosphamidon .................................................................................... Ethoprophos ........................................................................................ Sodium Selenate ................................................................................. Gallium Trichloride .............................................................................. Nickel Carbonyl ................................................................................... Iron, Pentacarbonyl- ............................................................................ Salcomine ........................................................................................... Bicyclo[2.2.1]Heptane-2-Carbonitrile, 5-Chloro-6((((Methylamino)Carbonyl)Oxy)Imino)-, (1s-(1-alpha,2-beta,4alpha,5-alpha,6E))-. Methomyl ............................................................................................. Decaborane(14) .................................................................................. Formparanate ...................................................................................... Diborane .............................................................................................. Pentaborane ........................................................................................ Digoxin ................................................................................................ Aluminum Phosphide .......................................................................... Fosthietan ........................................................................................... Leptophos ........................................................................................... Mercuric Oxide .................................................................................... Chlorthiophos ...................................................................................... Fenamiphos ........................................................................................ Oxamyl ................................................................................................ Formetanate Hydrochloride ................................................................ f .............. ................ ................ ................ f .............. a, d ......... f .............. ................ e ............. ................ ................ f .............. ................ ................ ................ e ............. ................ ................ ................ ................ b, d ......... ................ ................ ................ ................ ................ ................ a ............. ................ d ............. d ............. ................ b ............. ................ ................ ................ d ............. ................ ................ ................ ................ ................ d ............. d ............. ................ ................ ................ ................ ................ ................ ................ ................ 100 1,000 1,000 1,000 1,000 1 500 1 10 10 10 100 10 100 500 100 1 100 1 10 100 500 100 1 500 1 1,000 500 100 100 100 500 10 10 1 1,000 10 100 500 100 1,000 1 100 100 100 1,000 100 500 10 100 500 500 500 1,000 1,000 1,000 1,000 100 500 500/10,000 500 100 1,000/10,000 500 10 100 500 100 500 100 500/10,000 500 100/10,000 500 500 500/10,000 500 1/10,000 500 500 100 100/10,000 100/10,000 500/10,000 100 100 500/10,000 1,000 10/10,000 100/10,000 500 100/10,000 1,000 500/10,000 100 100 100 1,000 100/10,000 500/10,000 1 100 500/10,000 500/10,000 d ............. ................ ................ ................ ................ d ............. a ............. ................ ................ ................ d ............. ................ ................ d ............. 100 500 100 100 500 10 100 500 500 500 500 10 100 100 500/10,000 500/10,000 100/10,000 100 500 10/10,000 500 500 500/10,000 500/10,000 500 10/10,000 100/10,000 500/10,000 16752–77–5 17702–41–9 17702–57–7 19287–45–7 19624–22–7 20830–75–5 20859–73–8 21548–32–3 21609–90–5 21908–53–2 21923–23–9 22224–92–6 23135–22–0 23422–53–9 VerDate Aug<31>2005 ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 65478 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations APPENDIX B TO PART 355—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued [CAS Number Order] CAS No. 23505–41–1 24017–47–8 24934–91–6 26419–73–8 ................. ................. ................. ................. 26628–22–8 27137–85–5 28347–13–9 28772–56–7 30674–80–7 39196–18–4 50782–69–9 ................. ................. ................. ................. ................. ................. ................. 53558–25–1 ................. 58270–08–9 ................. 62207–76–5 ................. Reportable quantity * (pounds) Threshold planning quantity (pounds) Chemical name Notes Pirimifos-Ethyl ..................................................................................... Triazofos ............................................................................................. Chlormephos ....................................................................................... Carbamic Acid, Methyl-, O-(((2,4-Dimethyl-1, 3-Dithiolan-2yl)Methylene)Amino)-. Sodium Azide (Na(N3)) ....................................................................... Trichloro(Dichlorophenyl)Silane .......................................................... Xylylene Dichloride ............................................................................. Bromadiolone ...................................................................................... Methacryloyloxyethyl Isocyanateh ...................................................... Thiofanox ............................................................................................ Phosphonothioic Acid, Methyl-, S-(2-(Bis(1-Methylethyl)Amino)Ethyl) O-Ethyl Ester. Pyriminil ............................................................................................... Zinc, Dichloro(4,4-Dimethyl-5((((Methylamino) Carbonyl)Oxy) Imino)Pentanenitrile)-, (T–4)-. Cobalt, ((2,2′-(1,2-Ethanediylbis (Nitrilomethylidyne)) Bis(6Fluorophenolato)) (2-)-N,N′,O,O′)-. ................ ................ ................ ................ 1,000 500 500 100 1,000 500 500 100/10,000 a ............. ................ ................ ................ ................ ................ ................ 1,000 500 100 100 100 100 100 500 500 100/10,000 100/10,000 100 100/10,000 100 d ............. ................ 100 100 100/10,000 100/10,000 ................ 100 100/10,000 * 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. 2. Part 370 is revised to read as follows: ■ PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TOKNOW Subpart A—General Information Sec. 370.1 What is the purpose of this part? 370.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to in this part? 370.3 Which section contains the definitions of the key words used in this part? Subpart B—Who Must Comply 370.10 Who must comply with the hazardous chemical reporting requirements of this part? 370.11 [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? jlentini on PROD1PC65 with RULES2 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? VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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? PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 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 § 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 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations a smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part. § 370.2 Who do ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to in this part? Throughout this part, ‘‘you,’’ ‘‘I,’’ and ‘‘your’’ refer to the owner or operator of a facility. § 370.3 Which section contains the definitions of the key words used in this part? The definitions of key words used in this part are in § 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 § 370.10 Who must comply with the hazardous chemical reporting requirements of this part? jlentini on PROD1PC65 with RULES2 (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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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. § 370.11 [Reserved] § 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 § 370.10. (Specific exemptions from reporting are in § 370.13.) (b) The EPA has not issued a list of hazardous chemicals subject to reporting under this part. A substance is PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 65479 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). § 370.13 What substances are exempt from these reporting requirements? You do not have to report substances for which you are not required to have an MSDS under the OSHA regulations, or that are excluded from the definition of hazardous chemical under EPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e): (a) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (b) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (c) Any substance to the extent it is used: (1) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public; (2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or (3) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. § 370.14 How do I report mixtures containing hazardous chemicals? (a) 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: E:\FR\FM\03NOR2.SGM 03NOR2 65480 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations If your mixture contains a hazardous chemical To determine if the threshold level for that hazardous chemical is equaled or exceeded you must If the threshold level for that hazardous chemical is exceeded then you must (1) That is an EHS ............... Determine the total quantity of the EHS present throughout your facility at any one time, by adding together the quantity present as a component in all mixtures and all other quantities of the EHS (you must include the quantity present in a mixture even if you are also counting the quantity of that particular mixture toward the threshold level for that mixture). (2) That is not an EHS ......... Determine either: The total quantity of the hazardous chemical present throughout your facility at any one time by adding together the quantity present as a component in all mixtures and all other quantities of the hazardous chemical (you must include the quantity present in a mixture even if you are also applying that particular mixture as a whole toward the threshold level for that mixture) or the total quantity of that mixture present throughout your facility at any one time. Report the EHS component—submit an MSDS for the EHS (or include the EHS on the list of chemicals submitted in lieu of the MSDSs), as provided under § 370.30, and submit Tier I (or Tier II) information for the EHS, as provided under § 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 § 370.30, and submit Tier I (or Tier II) information for the mixture, as provided under § 370.40. If you report the mixture itself, then provide the total quantity of that mixture. Report the non-EHS hazardous chemical component— submit an MSDS for the non-EHS hazardous chemical (or include the non-EHS on the list of chemicals submitted in lieu of the MSDSs), as provided under § 370.30, and submit Tier I (or Tier II) information for the non-EHS hazardous chemical as provided under § 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 § 370.30, and submit Tier I (or Tier II) information for the mixture, as provided under § 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 jlentini on PROD1PC65 with RULES2 § 370.20 What are the reporting requirements of this part? The reporting requirements of this part consist of MSDS reporting and inventory reporting. If you are the owner or operator of a facility subject to the reporting requirements of this part then you must comply with both types of reporting requirements. MSDS reporting requirements are addressed in §§ 370.30 through 370.33. Inventory reporting requirements are addressed in §§ 370.40 through 370.45. VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 How to Comply With MSDS Reporting § 370.30 What information must I provide and what format must I use? (a) You must report the hazardous chemicals present at your facility that meet or exceed the applicable threshold levels (threshold levels are in §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 § 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 § 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. § 370.31 Do I have to update the information? MSDS reporting stated in § 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 § 370.30(a), for any new PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 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 § 370.30(b). § 370.32 To whom must I submit the information? (a) You must submit an MSDS or list, as provided in § 370.30(a), to the LEPC, the SERC, and the fire department with jurisdiction over your facility. (b) You must submit an MSDS requested by the LEPC, as provided in § 370.30(b), to the LEPC. § 370.33 When must I submit the information? (a) You must submit an MSDS or a list, as provided in § 370.30(a), for a hazardous chemical subject to the reporting requirements of this part by October 17, 1987, or within 3 months after you first become subject to the reporting requirements of this part (as provided in §§ 370.30 and 370.31(b)). (b) You must submit a revised MSDS, as provided in § 370.31(a), within 3 months after discovering significant new information about a hazardous chemical for which an MSDS was submitted. (c) You must submit an MSDS requested by the LEPC, as provided in §§ 370.30(b) and 370.31(c), within 30 days of receiving the request. E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations How to Comply With Inventory Reporting § 370.40 What information must I provide and what format must I use? (a) If you are required to comply with the hazardous chemical reporting requirements of this part, then 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 § 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 § 370.41. You may choose to report the Tier II information described in § 370.42 for any hazardous chemical at your facility. You must submit Tier II information to the SERC, LEPC, or fire department having jurisdiction over your facility if they request it. 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 § 370.41. EPA’s Tier I and Tier II forms are available at https:// 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. jlentini on PROD1PC65 with RULES2 § 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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 § 370.43. (j) An estimate (in ranges) of the average daily amount of hazardous chemicals in each hazard category present at your facility during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are in § 370.43. (k) The 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 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 65481 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. § 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. E:\FR\FM\03NOR2.SGM 03NOR2 65482 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations (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 § 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 § 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 § 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 § 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 § 370.43. If the specific location for which you are reporting storage conditions is a ‘‘confidential’’ location, then you must report the storage conditions on a separate Confidential Location Information Sheet. § 370.43 What codes are used to report Tier I and Tier II inventory information? (a) Weight range codes. 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 01 02 03 04 05 06 07 08 09 10 11 ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... To 0 ................................. 100 ............................. 1,000 .......................... 10,000 ........................ 100,000 ...................... 1,000,000 ................... 10,000,000 ................. 50,000,000 ................. 100,000,000 ............... 500,000,000 ............... 1 billion ....................... 99 999 9,999 99,999 999,999 9,999,999 49,999,999 99,999,999 499,999,999 999,999,999 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: jlentini on PROD1PC65 with RULES2 Codes A ............. B ............. C ............. D ............. E ............. F .............. G ............. H ............. I ............... J .............. K ............. L .............. M ............. N ............. VerDate Aug<31>2005 Codes O P Q R ............. ............. ............. ............. Types of storage Tote bin. Tank wagon. Rail car. Other. 4 .............. 5 .............. 17:19 Oct 31, 2008 Jkt 217001 (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 .............. 2 .............. 3. ............. PO 00000 Frm 00032 Ambient pressure. Greater than ambient pressure. Less than ambient pressure. Fmt 4701 Sfmt 4700 Storage conditions Temperature conditions Types of storage Above ground tank. Below ground tank. Tank inside building. Steel drum. Plastic or non-metallic drum. Can. Carboy. Silo. Fiber drum. Bag. Box. Cylinder. Glass bottles or jugs. Plastic bottles or jugs. Codes 6 .............. 7 .............. Ambient temperature. Greater than ambient temperature. Less than ambient temperature but not cryogenic. 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 E:\FR\FM\03NOR2.SGM 03NOR2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations for storage types or conditions. You may use those codes provided your SERC’s or LEPC’s storage types and conditions codes specify the same or more detailed information as the codes in paragraphs (b) and (c) of this section. § 370.44 To whom must I submit the inventory information? You must submit the required inventory information to your SERC, LEPC, and fire department with jurisdiction over your facility. § 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 § 370.10. The minimum required inventory information under EPCRA section 312 is Tier I information. Tier I information requirements are described in § 370.41. (b) 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 § 370.10(b). Tier II information requirements are described in § 370.42. Subpart D—Community Access to Information § 370.60 How does a person obtain MSDS information about a specific facility? Any person may obtain an MSDS for a specific facility by writing to the LEPC and asking for 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. jlentini on PROD1PC65 with RULES2 § 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 VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 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. § 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. § 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 § 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. § 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 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 65483 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 https://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 https://www.epa.gov/emergencies. § 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. § 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-ToKnow 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 E:\FR\FM\03NOR2.SGM 03NOR2 65484 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES2 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: VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 (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. PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 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 E:\FR\FM\03NOR2.SGM 03NOR2

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Rules and Regulations]
[Pages 65452-65484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25329]



[[Page 65451]]

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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

Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / 
Rules and Regulations

[[Page 65452]]


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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 
https://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 https://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 https://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

[[Page 65455]]

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 https://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 communicati

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