Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II), 48093-48101 [2011-19900]
Download as PDF
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
(1) Carbon dioxide streams that meet
all of the following conditions are
excluded from the definition of
hazardous waste:
(i) Transportation of the carbon
dioxide stream must be in compliance
with applicable Department of
Transportation requirements;
(ii) Injection of the carbon dioxide
stream must be in compliance with the
applicable requirements for Class VI
Underground Injection Control wells,
including the applicable requirements
in 40 CFR parts 144 and 146;
(iii) No other hazardous wastes may
be mixed with, or otherwise co-injected
with, the carbon dioxide stream; and
(iv) Any generator of a carbon dioxide
stream, and any Class VI Underground
Injection Control well owner or
operator, who claims that a carbon
dioxide stream is excluded under
paragraph (h)(1) of this section, must
have an authorized representative (as
defined in 40 CFR 260.10) sign a
certification statement worded as
follows:
I certify under penalty of law that the
carbon dioxide stream that I am claiming to
be excluded under 40 CFR 261.4(h)(1) meets
all of the conditions set forth in that
paragraph.
The signed certification statement
must be kept on-site for no less than
three years. The signed certification
statement must be made available
within 72 hours of a written request
from the Regional Administrator or state
Director (if located in an authorized
state), or their designee, and shall be
renewed every year by persons claiming
the exclusion in 40 CFR 261.4(h). The
yearly renewal of a certification
statement under this paragraph means
that an authorized representative must
annually prepare and sign a new copy
of the certification statement.
[FR Doc. 2011–19915 Filed 8–5–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 370
[EPA–HQ–SFUND–2010–0763; FRL–9448–8]
emcdonald on DSK2BSOYB1PROD with PROPOSALS
RIN 2050–AG64
Hazardous Chemical Reporting:
Revisions to the Emergency and
Hazardous Chemical Inventory Forms
(Tier I and Tier II)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The U.S Environmental
Protection Agency (EPA or the Agency)
SUMMARY:
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
is proposing to revise the Emergency
and Hazardous Chemical Inventory
Forms (Tier I and Tier II) under Section
312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA)
to add new data elements and revise
some existing data elements.
DATES: Comments must be received on
or before October 7, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2010–0763 by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: superfund.docket@epa.gov.
• Fax: (202) 566–0224.
• Mail: EPA Docket Center,
Superfund Docket, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. In addition,
please mail a copy of your comments on
the information collection provisions to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC
20503.
• Hand Delivery: Environmental
Protection Agency West Building, Room
3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2010–
0763. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
48093
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Superfund Docket, EPA/DC, EPA
West Building, 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, Mailcode 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. You
may 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). 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 proposed rule?
B. What should I consider as I prepare my
comments for EPA?
C. What is the statutory authority for this
proposed rule?
D. What is the background of this proposed
rule?
II. What are the revisions that EPA is
proposing on the Tier I and Tier II forms?
A. Facility Identification
B. Name of the Facility’s Parent Company
and Owner or Operator of the Facility
C. Facility Emergency Coordinator
E:\FR\FM\08AUP1.SGM
08AUP1
48094
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
D. Tier I and Tier II Information Contacts
E. Subject to Emergency Planning
Notification Under Section 302 of
EPCRA
F. Subject to Chemical Accident
Prevention Under Section 112(r) of the
Clean Air Act (40 CFR part 68, Risk
Management Program)
G. Range Codes and Ranges for Reporting
Maximum Amount and Average Daily
Amount
III. What are the revisions specific to the Tier
II form proposed by EPA in this rule?
A. Chemical Information
B. Storage Types and Conditions
IV. Statutory and Executive Orders
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order13563: Improving Regulation and
Regulatory 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 (Protection of
Children From Environmental Health
Risks and Safety Risks)
H. Executive Order 13211 (Energy Effects)
I. National Technology Transfer and
Advancement Act (‘‘NTAA’’)
J. Executive Order 12898: (Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations)
I. General Information
A. Who is affected by this proposed
rule?
Entities that would be affected by this
proposed rule are those organizations
and facilities subject to Section 312 of
the Emergency Planning and
Community Right-to-Know Act (EPCRA)
and its implementing regulations found
in 40 CFR part 370. 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.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
B. What should I consider as I prepare
my comments for EPA?
Tips for Preparing Your Comments.
When submitting comments remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The Agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible.
• Make sure to submit your
comments by the comment period
deadline identified.
C. What is the statutory authority for
this proposed rule?
This proposed 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). The Agency relies on
sections 312 and 328 of EPCRA for
general rulemaking authority.
D. What is the background of this
proposed rule?
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 (EHSs) and to
provide the public, local governments,
fire departments and other emergency
officials with information concerning
chemical releases and the potential
chemical risks in their communities.
EPCRA consists of emergency planning
notification and community right-toknow reporting of hazardous and toxic
chemicals. The implementing
regulations as well as substances and
reporting thresholds are codified in 40
CFR parts 355 and 370.
Under the emergency planning
provisions of EPCRA, codified in 40
CFR part 355, a facility is required to
provide a one-time notification to the
State Emergency Response Commission
(SERC) and the local emergency
planning committee (LEPC) if the
facility has any EHS present at the site
in excess of its threshold planning
quantity (TPQ). EHSs and their TPQs
are listed in 40 CFR part 355, Appendix
A and B. The emergency planning
notification occurred approximately
seven months after the law was passed
for facilities that existed at that time.
Any facilities that became subject to the
notification requirement after that date
are required to comply as provided in
40 CFR part 355. Facilities that are
currently covered by these regulations
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
are required to report only changes
occurring at the facility that may be
relevant to emergency planning. LEPCs
use the information obtained from
facilities to develop emergency response
plans required under section 303 of
EPCRA. Section 303 of EPCRA also
requires LEPCs to review these plans
annually and to adjust them
accordingly, for changes that have
occurred in their community.
Reporting requirements under the
community right-to-know provisions,
sections 311 and 312 of EPCRA are ongoing obligations. Sections 311 and 312
of EPCRA apply to owners and
operators of facilities that are required
to prepare or have available a material
safety data sheet (MSDS) for a
hazardous chemical defined under the
Occupational Safety and Health Act
(OSHA) Hazard Communication
Standard (HCS). If the hazardous
chemical is present at or above the
reporting thresholds specified in 40 CFR
part 370, the facility owner or operator
is required to submit a MSDS or a list
that contains the hazardous chemical
under section 311 of EPCRA. Under
section 312 of EPCRA, if a hazardous
chemical is present at or above the
reporting threshold specified in 40 CFR
part 370, the facility owner or operator
is required to submit an emergency and
hazardous chemical inventory form
(Tier I or Tier II) to the SERC, LEPC and
the local fire department annually by
March 1.
As required by section 312(g) of
EPCRA, EPA published two emergency
and hazardous chemical inventory
reporting forms, Tier I and Tier II. The
Tier I inventory form requires facilities
to report minimum information on the
general types and locations of hazardous
chemicals present at the facility. The
Tier II inventory form requires facilities
to report specific information on the
amounts and locations of hazardous
chemicals present at the facility. The
information required under Tier I and
Tier II can be found in §§ 370.41 and
370.42 of the regulations.
Section 312(a)(2) of EPCRA states that
the owner or operator of a facility shall
submit the Tier I inventory form
annually by March 1 to the SERC, LEPC
and the local fire department. However,
section 312(e) states that the owner or
operator of a facility shall submit the
Tier II inventory form upon request by
their SERC, LEPC or the fire department
with jurisdiction over the facility.
Currently, all states require facilities to
submit the federal Tier II inventory form
or the state developed inventory
reporting form.
In addition to the information
obtained under the emergency planning
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
provisions of EPCRA, LEPCs use the
information provided on the facility’s
annual emergency and hazardous
chemical inventory form to update the
emergency response plan for their
communities. States were always given
the flexibility to implement the EPCRA
program as appropriate for their State to
meet the goals of EPCRA, which is to
prepare for and respond to releases of
EHSs and to provide the public with
information on potential chemical risks
in their communities. This flexibility
includes adding more chemicals, setting
lower reporting thresholds and creating
a reporting form or format that includes
more information than is required by
the federal reporting requirements.
Some States developed their own
inventory reporting form, including
electronic reporting format. Other States
use the federal inventory reporting form
or the federal electronic reporting
format, Tier2 Submit.
Over the years, stakeholders requested
that EPA add new data elements to the
forms that would be useful to improve
their community emergency response
plans. In this action, EPA is proposing
new data elements to make the forms
more useful for State and local agencies
and to better inform the public on
chemical hazards in their communities.
We are also proposing to revise some
existing data elements to make reporting
easier for facilities. The elements
proposed herein are intended to meet
the purpose of EPCRA (Title III of
SARA) which is ‘‘* * * to encourage
and support State and local planning for
emergencies caused by the release of
hazardous chemicals and to provide
citizens and governments with
information concerning potential
chemical hazards present in their
communities.’’ See 55 FR 30632,
Community Right-to-Know Reporting
Requirements, Final Rule, July 26, 1990.
II. What are the revisions that EPA is
proposing on the Tier I and Tier II
forms?
The Tier I and Tier II forms were first
published in 1987 and were amended in
1990. Recently, State and local agencies
requested that EPA modify these forms
to include new data elements and revise
existing data elements to make it more
useful for emergency planning and
response. EPA requests public comment
on each of the new and revised data
elements proposed by EPA in this notice
for the Tier I and Tier II forms. These
elements are described below.
Information requirements for the Tier
I and Tier II forms can be found in 40
CFR 370.41 and 370.42, respectively.
Current Tier I and II forms are available
on the Agency’s Web site at https://
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
www.epa.gov/emergencies.
Additionally, the current Tier I and Tier
II inventory forms and the proposed
Tier I and II inventory forms with the
additional elements and changes
highlighted are in the docket for today’s
rulemaking under the docket number
EPA–HQ–SFUND–2010–0763.
A. Facility Identification
In addition to the information
currently required on the Tier I and Tier
II forms under facility identification, we
are proposing to add new data elements
for facility phone number, latitude and
longitude, and number of full-time
employees.
Section 312 covers a broad range of
chemicals and facilities. Some of the
facilities covered under section 312 also
may be subject to the Chemical
Accident Prevention under section 112
(r) of the Clean Air Act (CAA), also
known as the Risk Management Program
or the Toxic Release Inventory (TRI)
Program under section 313 of EPCRA.
For those facilities that are subject to
these programs, EPA is also proposing
to add data elements for facility
identification numbers that are assigned
under these two programs. These data
elements should be readily available to
facilities that are covered by these two
programs. Stakeholders have requested
that EPA add these data elements in
order to provide more complete
information on the facilities to the
public and to the State and local
agencies responsible for emergency
planning and response.
In addition to reporting the number of
full-time employees, local emergency
responders requested that EPA require
facilities such as hotels, colleges,
universities, and convention centers to
report the total number of people that
may occupy a building at any given
time, to assist them in emergency
planning and response. While EPA is
not including this additional element in
today’s proposal, EPA requests
comments if number of occupants
should also be added as a data element
to the Tier I and II inventory forms.
B. Name of the Facility’s Parent
Company and Owner or Operator of the
Facility
States and LEPCs informed EPA that
some facilities have sites in remote
locations and do not have operators
present at all times. Thus, if there is a
need to contact someone in an
emergency, emergency response
officials and State and local agencies
need the contact information of the
facility’s parent company or the owner
or operator of the facility. Therefore,
under the facility identification section,
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
48095
EPA is also proposing to require
facilities to provide information on the
facility’s parent company and the owner
or operator of the facility, such as name,
address and phone number, as well as
the Dun and Bradstreet number of the
facility’s parent company. EPA is also
proposing that the facility owner or
operator provide their e-mail address.
C. Facility Emergency Coordinator
Under EPCRA section 303(d)(1), a
facility is required to provide the LEPC
with the name and contact information
of a facility representative who will
participate in the emergency planning
process as a facility emergency
coordinator. The regulations in § 355.20
(c) require facilities to notify LEPCs of
any changes relevant to the emergency
planning within 30 days after the
changes have occurred. However, EPA
also believes that this information
should be provided on the facility’s
annual inventory form since LEPCs and
other emergency response coordinators
may need this information during an
emergency. Therefore, EPA is proposing
to add this data element to the Tier I and
Tier II forms.
D. Tier I and Tier II Information
Contacts
Since the information reported under
EPCRA section 312 is used by LEPCs to
improve emergency response plans,
these entities may need to contact the
facility regarding information that is
reported on the Tier I and Tier II
reporting forms. The information filed
under section 312 is also used by
emergency response officials during an
emergency situation. As requested by
these entities, the Agency is proposing
to require the name, title, phone number
and e-mail address of the person
knowledgeable or responsible for
completing the information on the Tier
I and Tier II forms.
E. Subject to Emergency Planning Under
Section 302 of EPCRA
EPCRA section 302(c) requires
facilities to notify their SERC and LEPC
that they are subject to emergency
planning if there is an EHS present at
the facility at or above its threshold
planning quantity (TPQ). For facilities
in existence when EPCRA was enacted,
this was a one-time notification that
occurred approximately seven months
after enactment (in May 1987). Facilities
that became subject to the emergency
planning notification requirement after
this date are required to provide
notification to their SERC and LEPC
within sixty days of becoming subject to
the requirements.
E:\FR\FM\08AUP1.SGM
08AUP1
emcdonald on DSK2BSOYB1PROD with PROPOSALS
48096
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
EPCRA section 303(a) requires each
LEPC to develop an emergency response
plan for their communities. Such plans
were to be developed in two years after
the enactment of EPCRA (October 1988).
EPCRA section 303(a) also requires
LEPCs to review the emergency
response plan once a year. LEPCs use
the information reported by facilities
under section 302(c) to develop or
update the emergency response plans in
their community. The Agency believes
that some of the facilities which
complied with the requirements under
section 302(c) may no longer be subject
to emergency planning, for a number of
reasons, including using a chemical that
is safer than an EHS, having an EHS
below the TPQ, etc. The Agency also
believes that facilities that may become
subject to the annual inventory
reporting under EPCRA section 312 may
not be aware of the requirements under
EPCRA section 302. The EPCRA section
312 reporting requirement covers a
broad range of chemicals, including
EHSs that are subject to emergency
planning.
The reporting thresholds and
requirements for EHSs are different
under sections 302 and 312. The
reporting requirement for EHSs under
section 302 is to provide notification to
the SERC and LEPC if the facility has
any EHS at or above the TPQ in order
to complete emergency planning
requirements for the community. The
reporting requirement for EHSs under
section 312 is to submit an inventory
form annually by March 1 to the SERC,
LEPC and the local fire department if
the EHS is present at a facility at any
one time in an amount equal to or
greater than 500 pounds or the TPQ,
whichever is less in order to inform the
public of chemical hazards in their
community.
Since the notification under section
302(c) is a one-time notification which
occurred in 1987 for most facilities, and
since section 303(a) requires LEPCs to
update the emergency plan annually, it
would be useful for LEPCs to get an
update from facilities clarifying whether
they are still subject to emergency
planning. This will help ensure that
local emergency plans are up-to-date
and include all appropriate facilities.
To better account for facilities subject
to emergency planning and for LEPCs to
use this information to improve the
emergency response plans in their
community, LEPCs requested that EPA
require facilities to report if they are
subject to emergency planning
notification under EPCRA section 302.
As a result, the Agency is proposing to
add a new data element to indicate if
facilities are subject to the emergency
VerDate Mar<15>2010
19:17 Aug 05, 2011
Jkt 223001
planning notification under EPCRA
section 302.
F. Subject to Chemical Accident
Prevention Under Section 112(r) of the
Clean Air Act (40 CFR Part 68, Risk
Management Program)
Section 112(r) of the Clean Air Act
(CAA) amendments of 1990 requires
certain facilities to develop and
implement a risk management program
to prevent accidental releases of
regulated chemicals. Facilities subject to
section 112(r) of the CAA are required
to implement an accident prevention
program and an emergency response
program, conduct hazard assessment
and summarize and submit to EPA
information about these programs and
hazards in a risk management plan
(RMP). The implementing regulations
are codified in 40 CFR part 68, Chemical
Accident Prevention, also known as the
Risk Management Program.
In addition to the information
reported under EPCRA section 312,
LEPCs and States use the information
reported in RMPs to improve the
emergency response plans in each
community. In order to better serve this
purpose, EPA is proposing to add a new
data element to both the Tier I and Tier
II forms to indicate whether the facility
is subject to chemical accident
prevention under section 112(r) of the
CAA.
G. Range Codes and Ranges for
Reporting Maximum Amount and
Average Daily Amount
As stated in EPCRA section 312(d),
the information requirements in 40 CFR
370.41 and 370.42 for the Tier I and Tier
II forms currently list range codes for
reporting the maximum amount and
average daily amounts of hazardous
chemicals present at the site in the
preceding calendar year. The range
codes currently listed in the regulations
are very broad. Such information is not
as useful as specific quantity
information for effective emergency
response planning. Since the statute
specifically states that an estimate in
ranges for the maximum amount and
average daily amount should be
reported on the Tier I and II inventory
forms, the regulations would still
require facilities to report in ranges.
However, in order for the States, local
agencies and emergency response
officials to have information on the
maximum amount and average daily
amount that are closer to the actual
amounts present at the facility, EPA is
proposing to narrow the ranges that are
in the existing regulations. EPA
specifically seeks comments if the range
codes and the ranges proposed below
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
would be more useful to LEPCs for
effective emergency response planning
or for responding to emergencies, and if
not, what ranges would be more useful
to the LEPCs for effective emergency
response planning or for responding to
emergencies.
Weight range in
pounds
Range
codes
From
01
02
03
04
05
06
07
08
09
10
11
12
13
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
0
100
500
1,000
5,000
10,000
25,000
50,000
75,000
100,000
500,000
1,000,000
10,000,000
To
99.
499.
999.
4,999.
9,999.
24,999.
49,999.
74,999.
99,999.
499,999.
999,999.
9,999,999.
Greater than 10
million.
III. What are the revisions specific to
the Tier II form proposed by EPA in
this rule?
Facilities are required to report
specific information about hazardous
chemicals on the Tier II inventory form.
Some states may require additional
information than that which is required
under the federal reporting
requirements. In addition to the new
data elements proposed in the previous
section of this document, EPA is
proposing to revise some existing data
elements on the Tier II federal inventory
form.
A. Chemical Information
In the final rule published on
November 3, 2008 (73 FR 65452), EPA
clarified how to report a hazardous
chemical mixture after determining if
the mixture or its hazardous
components meet or exceed the
reporting thresholds specified in 40 CFR
part 370. In that notice, the Agency
clarified that if a hazardous chemical in
the mixture is an EHS, the facility has
to aggregate any and all amounts of that
EHS present throughout the facility in
mixtures and in pure form to determine
if the reporting threshold for EHS has
been met or exceeded. If the reporting
threshold for that EHS is exceeded, then
the facility would have an option to
report the mixture or the EHS
component.
To determine if the reporting
threshold has been met or exceeded for
a mixture that contains a non-EHS
hazardous chemical component, a
facility has the option to either add up
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
all the amounts of that non-EHS
hazardous chemical present as a
component in all mixtures and all other
quantities of that non-EHS hazardous
chemical present throughout the facility
or consider the total quantity of that
mixture present throughout the facility.
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
has the option to report the non-EHS
hazardous chemical component or the
mixture itself. See § 370.14 for
requirements on reporting mixtures. As
stated in § 370.14(b), EPA encourages
facilities to be consistent with their
reporting under EPCRA section 311
when reporting mixtures.
In this notice, EPA is proposing to
modify the chemical information
reporting section of the Tier II inventory
form to make it more user-friendly for
States and local agencies, as well as the
emergency response officials. This
revision will also benefit facilities by
clarifying how to report mixtures on the
Tier II form. Specifically, the current
form requires facilities to report the
name of the mixture, indicate whether
the mixture contains an EHS, indicate
the physical and health hazards of the
mixture, and report the amount present
on-site, as well as the type of storage
and storage locations. The regulated
community and the state and local
agencies, however, are unsure if the
amount present on-site refers to the
mixture or the non-EHS hazardous
chemical or the EHS in the mixture. In
order to clarify the reporting of pure
chemicals vs. mixtures, the proposed
Tier II form has separate entries for
mixtures and pure chemicals. The entry
for mixtures includes a separate line for
mixture name, amount of mixture
present (i.e. maximum and average daily
amount), the EHS(s) name, and the
amount of EHS(s) present (i.e. maximum
and average daily amount). Facilities
still have the option to report the
mixture or the hazardous chemical
component as stated in § 370.14.
B. Storage Types and Conditions
The Tier II form currently requires
facilities to report the codes for types of
storage (i.e. above ground tank, steel
drum) and storage conditions (i.e.
temperature, pressure). A code is
currently listed for each type of storage
and storage conditions in § 370.43. In
order to make the form more userfriendly and also to have information
readily available to emergency response
officials in an emergency, EPA proposes
that facilities list the types of storage
(i.e. above ground tank, steel drum) and
storage conditions (i.e. ambient
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
temperature, ambient pressure) on the
Tier II form rather than noting the
reporting codes.
EPA seeks public comment on all the
proposed new data elements and
revisions of the existing data elements
described in this proposed rule. The
Agency also requests that commenters,
including State and local agencies
suggest any additional information that
should be added to the Tier I and Tier
II forms in order to make them more
useful for emergency planning and
response.
Finally, we would note that the
Agency is not proposing to revise the
introductory paragraph to §§ 370.41 and
370.42. However, since we are
proposing to add some new data
elements and proposing to revise some
existing data elements, we re-arranged
and re-numbered all the paragraphs to
be consistent with how each data
element appears on the Tier I and Tier
II inventory forms.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under the Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). We believe this
action is administrative and noncontroversial. The proposed data
elements are readily available to the
facility. Stakeholders requested that
EPA add these new data elements
because the additional information
would improve community emergency
response planning. In addition, revising
the existing data elements will make the
forms more user-friendly.
The proposed regulation will not have
an annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities.
B. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR)
document prepared by EPA has been
assigned EPA ICR number 1352.13. This
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
48097
action may impose only minimal
reporting burden on facilities since the
data elements proposed are readily
available to the facility. Revising the
existing data elements will make the
forms more user-friendly and ease
reporting requirements for facilities.
Stakeholders requested that EPA add
the new data elements since the
additional information would be useful
to develop or modify their community
emergency response plans. New data
elements, such as facility emergency
coordinator needs to be updated
annually for LEPCs to coordinate the
emergency plans and response to
emergencies in their community.
The Office of Management and Budget
(OMB) has previously approved the
information collection requirements
contained in regulations at 40 CFR part
370 which includes information
requirements for the Tier I and Tier II
inventory forms, under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2050–0072, EPA ICR
number 1352.11. The OMB control
numbers for EPA’s regulations are listed
in 40 CFR part 9. Burden is defined at
5 CFR 1320.3(b). An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The OMB control numbers for EPA’s
regulations are listed in 40 CFR part 9.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, EPA has established
a public docket for this rule, which
includes this ICR, under Docket ID
number EPA–HQ–SFUND–2010–0763.
Submit any comments related to the ICR
to EPA and OMB. See ADDRESSES
section at the beginning of this notice
for where to submit comments to EPA.
Send comments to OMB at the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Office for EPA.
Since OMB is required to make a
decision concerning the ICR between 30
and 60 days after August 8, 2011, a
comment to OMB is best assured of
having its full effect if OMB receives it
by September 7, 2011. The final rule
will respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
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
E:\FR\FM\08AUP1.SGM
08AUP1
48098
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
rulemaking requirements under the
Administrative Procedure 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.
For purposes of assessing the impacts
of today’s proposed rule on small
entities, small entity is 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.’’
After considering the economic
impacts of today’s proposed 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.
The new data elements that we are
proposing to add have been requested
by stakeholders in an effort to develop
or modify their community emergency
response plans. In addition, revising the
existing data elements will make the
forms more user-friendly, and thus, will
make reporting easier for facilities and
will make the forms more user-friendly
for state and local officials.
local and tribal governments to develop
or modify their community emergency
response plans. In addition, the
proposed revision to the existing data
elements will make the forms more
user-friendly.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments.
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1532–
1538 for State, local, or tribal
governments or the private sector. This
proposed rule does not impose any new
requirements on State, local or tribal
governments. The data elements we are
proposing to add to the Tier I and Tier
II inventory forms will be useful to state,
G. Executive Order 13045 (Protection of
Children From Environmental Health
Risks and Safety Risks)
This action is not subject to EO 13045
(62 FR 19885, April 23, 1997) because
it is not economically significant as
defined in Executive Order 12866 and
because the Agency does not believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children. The
additional information that we are
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
E. Executive Order 13132 (Federalism)
This action 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. The data
elements we are proposing to add to the
Tier I and Tier II inventory forms will
be useful to state, local and tribal
governments to develop or modify their
community emergency response plan. In
addition, the proposed revision to the
existing data elements will make the
forms more user-friendly.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and local governments, EPA
specifically solicits comment on this
proposed action from State and local
officials.
F. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
This action does not have tribal
implications, as specified in Executive
Order 13175, (65 FR 67249, November
9, 2000). The data elements we are
proposing to add to the Tier I and Tier
II inventory forms will be useful to the
tribal governments to develop or modify
their community emergency response
plans. In addition, the proposed
revision to the existing data elements
will make the forms more user-friendly.
This action does not impose any new
requirements on tribal governments.
Thus, Executive Order 13175 does not
apply to this action.
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
proposing to add to the Tier I and Tier
II inventory forms will be useful to State
and local officials to assist them in
preparing the community in an
emergency situation.
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.
I. National Technology Transfer and
Advancement Act (‘‘NTTAA’’)
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. NTTAA directs EPA to provide
Congress, through OMB, explanations of
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This proposed rule does not involve
technical standards. Therefore, EPA
does 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 (February 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
proposed 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. The new data
elements that the Agency is proposing
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
would be useful to develop or modify
the community’s emergency response
plan. In addition, revising the existing
data elements will make the forms more
user-friendly.
List of Subjects in 40 CFR Part 370
Emergency Planning and Community
Right-to-Know Act (EPCRA), Hazardous
chemicals, Emergency and hazardous
chemical inventory forms, Hazardous
substances, Intergovernmental relations,
Reporting requirements, Superfund,
Tier I and Tier II inventory forms.
Dated: August 1, 2011.
Lisa P. Jackson,
Administrator.
For the reasons discussed in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
PART 370—HAZARDOUS CHEMICAL
REPORTING: COMMUNITY RIGHT-TOKNOW
1. The authority citation for part 370
continues to read as follows:
Authority: 42 U.S.C. 11021 and 11022.
2. Section 370.41 is revised to read as
follows:
emcdonald on DSK2BSOYB1PROD with PROPOSALS
§ 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) The calendar year for the reporting
period.
(b) The complete name and address of
the location of your facility (include the
full street address or state road, city,
county, State and zip code), phone
number, latitude, longitude, and the
number of full time employees (FTE).
(c) The North American Industry
Classification System (NAICS) code for
your facility.
(d) Toxic Release Inventory (TRI) and
Risk Management Plan (RMP)
identification numbers, if available.
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
(e) The Dun & Bradstreet number of
your facility.
(f) The name, mailing address, phone
number and email address of the owner
or operator of the facility.
(g) The name, mailing address, phone
number, Dun & Bradstreet number and
email address of the facility’s parent
company.
(h) The name, title, phone number(s)
and email address of at least one local
individual that can act as a referral if
emergency responders need assistance
in responding to a chemical accident at
your facility. You must also provide an
emergency phone number which will be
available 24 hours a day, every day.
(i) An indication whether your facility
is subject to the emergency planning
notification requirement under section
302 of EPCRA, codified in 40 CFR part
355.
(j) The name, title, phone number, 24hour phone number, and email address
of the facility emergency coordinator.
Note to paragraph (j): Section 303(d)(1) of
EPCRA requires facilities subject to the
emergency planning notification requirement
to designate a facility representative who will
participate in the local emergency planning
process as a facility emergency coordinator.
EPA encourages facilities that are not subject
to the emergency planning notification
requirement also to provide this information,
if available, for effective emergency planning
in your community.
(k) An indication whether your
facility is subject to the chemical
accident prevention requirements under
Section 112(r) of the Clean Air Act,
codified in 40 CFR part 68, Chemical
Accident Prevention Provisions, also
known as the Risk Management Program
regulations.
(l) The name, title, phone number,
and email address of the person to
contact for the information contained in
the Tier I form.
(m) Certification. The owner or
operator or the officially designated
representative of the owner or operator
must certify that all information
included in the Tier I submission is
true, accurate, and complete as follows:
‘‘I certify under penalty of law that I
have personally examined and am
familiar with the information and that
based on my inquiry of those
individuals responsible for obtaining
the information, I believe that the
submitted information is true, accurate,
and complete.’’ This certification shall
be accompanied by your full name,
official title, signature, date signed, and
total number of pages in the submission
including all attachments.
Note to paragraph (m): Some states require
electronic reporting (on-line or via diskettes)
and electronic certification. Contact your
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
48099
state for the specific requirements in that
state.
(n) An indication whether you are
including any attachments (optional).
(o) An indication whether the
information being reported is identical
to that submitted the previous year.
(p) 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
provided in § 370.43.
(q) 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 provided in
§ 370.43.
(r) The maximum number of days that
any single hazardous chemical within
each hazard category was present at
your facility during the reporting
period.
(s) The general locations of all
applicable chemicals for each hazard
type. General locations should include
the names or identification of buildings,
tank fields, lots, sheds or other such
areas. You may also attach one of the
following with your Tier I inventory
form.
(A) A site plan with site indicated for
buildings, lots, areas, etc. throughout
your facility.
(B) A list of site coordinate
abbreviations that correspond to
buildings, lots, areas, etc., throughout
your facility.
(C) A description of dikes and other
safeguard measures for storage locations
throughout your facility.
3. Section 370.42 is revised to read as
follows:
§ 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. Some states may
require you to use a state reporting
format including electronic reporting
and certification for submitting your
hazardous chemical inventory. Contact
your state for the specific requirements
in that state.
If you are reporting Tier II
information, you must include all of the
following:
(a) The calendar year of the reporting
period.
E:\FR\FM\08AUP1.SGM
08AUP1
48100
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
(b) The complete name and address of
the location of your facility (include the
full street address or state road, city,
county, State and zip code), phone
number, latitude, longitude, and the
number of full-time employees (FTE).
(c) The North American Industry
Classification System (NAICS) code for
your facility.
(d) Toxic Release Inventory (TRI) and
Risk Management Plan (RMP)
identification numbers, if available.
(e) The Dun & Bradstreet number of
your facility.
(f) The name, mailing address, phone
number, Dun & Bradstreet number and
email address of the facility’s parent
company.
(g) The name, mailing address, phone
number and email address of the owner
or operator of the facility.
(h) The name, title, phone number(s)
and email address of at least one local
individual that can act as a referral if
emergency responders need assistance
in responding to a chemical accident at
your facility. You must also provide an
emergency phone number which will be
available 24 hours a day, every day.
(i) The name, title, phone number and
email address of the person to contact
regarding information contained in the
Tier II report.
(j) An indication if your facility is
subject to the emergency planning
notification requirement under section
302 of EPCRA, codified in 40 CFR part
355.
(k) The name, title, phone number,
24-hour phone number and email
address of the facility emergency
coordinator.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Note to paragraph (k): Section 303(d)(1) of
EPCRA requires facilities subject to the
emergency planning notification requirement
to designate a facility representative who will
participate in the local emergency planning
process as a facility emergency coordinator.
EPA encourages facilities not subject to the
emergency planning notification requirement
also to provide this information, if available,
for effective emergency planning in your
community.
(l) An indication whether your facility
is subject to the chemical accident
prevention requirements under section
112(r) of the Clean Air Act (CAA),
codified in 40 CFR part 68, Chemical
Accident Prevention Provisions, also
known as the Risk Management Program
regulations.
(m) 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
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
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, signature, date signed, and
total number of pages in the submission
including all Confidential and NonConfidential Information Sheets and all
attachments.
Note to paragraph (m): Some states require
electronic reporting (on-line or via diskettes)
and electronic certification. Contact your
state for the specific requirements in that
state.
(n) An indication whether you are
including any attachments (optional).
(o) An indication whether the
information being reported is identical
to that submitted the previous year.
(p) For each hazardous chemical that
you are required to report, you must:
(1) Provide the chemical name (or the
common name of the chemical) or the
name of the mixture as provided on the
Material Safety Data Sheet (MSDS) and
provide the Chemical Abstract Service
(CAS) registry number of the
chemical(s) provided on the MSDS. 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). Two separate
entries are provided to make reporting
easier for your facility.
Note to paragraph (p)(1): As provided in
§ 370.14(a), if you have a mixture that is a
hazardous chemical on site you have an
option to report the hazardous component or
the mixture itself. See § 370.14 for more
information on how to determine if a
reporting threshold is met for a mixture
containing a hazardous chemical and how to
report that mixture.
(2) Indicate whether the chemical is a
solid, liquid, or gas; and whether the
chemical is an EHS. If reporting a
hazardous chemical component in the
mixture, indicate that it is part of a
mixture.
Note to paragraph (p)(2): As provided in
§ 370.14(b), for each specific mixture, EPA
encourages facilities to be consistent with
their reporting under EPCRA section 311.
(3) Provide the name of each EHS in
the mixture if you are reporting a
mixture that contains an EHS. As
provided in § 370.14(a), you also have
an option to report the non-EHS
hazardous components in the mixture.
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
(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. If the hazardous chemical
is a mixture, provide an estimate of the
total amount of the mixture. If the
mixture contains any EHS, provide the
total amount of each EHS in that
mixture. 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. If the hazardous chemical is a
mixture, provide an estimate of the
average daily amount of the mixture. If
the mixture contains any EHS, provide
the average daily amount of each EHS
in the mixture. You must use codes that
correspond to different ranges. The
range codes are in § 370.43.
(7) Provide the maximum number of
days that the hazardous chemical was
present at your facility during the
preceding calendar year.
(8) Provide the type of storage for the
hazardous chemical or the mixture
containing the hazardous chemical at
your facility. Examples for type of
storage: Above-ground tank, plastic or
non-metallic drum, steel drum,
cylinder, rail car, etc.
(9) Provide the storage conditions for
the hazardous chemical or the mixture
containing the hazardous chemical at
your facility. Examples for type of
storage conditions: Ambient pressure,
less than ambient temperature/pressure,
cryogenic conditions, etc.
(10)(i) Provide a brief description of
the precise location(s) of the hazardous
chemical or the mixture at your facility.
You may also attach one of the
following with your Tier II inventory
form.
(A) A site plan with site indicated for
buildings, lots, areas, etc. throughout
your facility.
(B) A list of site coordinate
abbreviations that correspond to
buildings, lots, areas, etc., throughout
your facility.
(C) A description of dikes and other
safeguard measures for storage locations
throughout your facility.
(ii) 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
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
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.
4. Section 370.43 is revised as
follows:
§ 370.43 What codes are used to report
Tier I and Tier II inventory information?
(a) 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 inventory
information:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 1, 10, 11, 12, 13, 14
Range
codes
From
01
02
03
04
05
06
07
08
09
10
11
12
13
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
0
100
500
1,000
5,000
10,000
25,000
50,000
75,000
100,000
500,000
1,000,000
10,000,000
99.
499.
999.
4,999.
9,999.
24,999.
49,999.
74,999.
99,999.
499,999.
999,999.
9,999,999.
Greater than 10
million.
Note to paragraph (a): To convert gas or
liquid volume to weight in pounds, multiply
by an appropriate density factor.
(b) Your SERC or LEPC may provide
other range codes for reporting
maximum amount and average daily
amount, 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.
[FR Doc. 2011–19900 Filed 8–5–11; 8:45 am]
emcdonald on DSK2BSOYB1PROD with PROPOSALS
BILLING CODE 6560–50–P
Implementation of the Amendments to
the International Convention on
Standards of Training, Certification
and Watchkeeping for Seafarers, 1978,
and Changes to Domestic
Endorsements
Coast Guard, DHS.
Notice of public meetings;
request for comments; Correction.
AGENCY:
On August 2, 2011 (76 FR
46217), the Coast Guard published a
notice of public meetings and request
for comments on a supplemental notice
of proposed rulemaking (SNPRM)
entitled ‘‘Implementation of the
Amendments to the International
Convention on Standards of Training,
Certification and Watchkeeping for
Seafarers, 1978, and Changes to
Domestic Endorsements.’’ The incorrect
publication date of the SNPRM was
cited. This notice corrects that error.
FOR FURTHER INFORMATION CONTACT: Mr.
Rogers Henderson, Maritime Personnel
Qualification Division, U.S. Coast
Guard, telephone 202–372–1408, e-mail
Rogers.W.Henderson@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: On August
2, 2011 (76 FR 46217), the Coast Guard
published a notice of public meetings
and request for comments on a
supplemental notice of proposed
rulemaking (SNPRM) entitled
‘‘Implementation of the Amendments to
the International Convention on
Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, and
Changes to Domestic Endorsements.’’
Subsequent to the publication of that
notice, the Coast Guard discovered that
the publication date of the SNPRM on
page 46217 was incorrect.
Correction
In the notice (FR Doc. 2011–19459)
published on August 2, 2011 (76 FR
46217) make the following correction.
On page 46217, in the first sentence of
the second paragraph in the third
column, the date should read ‘‘August 1,
2011’’ instead of ‘‘August 1, 2001.’’
VerDate Mar<15>2010
19:17 Aug 05, 2011
Jkt 223001
[FR Doc. 2011–19985 Filed 8–5–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
RIN 1625–AA16
SUMMARY:
To
Dated: August 2, 2011.
Erin Ledford,
LCDR, Deputy, Office of Regulations and
Administrative Law.
[Docket No. USCG–2004–17914]
ACTION:
Weight range in
pounds
48101
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
National Highway Traffic Safety
Administration
49 CFR Part 580
[Docket No. NHTSA–2011–0109; Notice 1]
Petition for Approval of Alternate;
Odometer Disclosure Requirements
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Notice of initial determination.
AGENCY:
The State of Florida has
petitioned for approval of alternate
odometer requirements to certain
requirements under Federal odometer
law. NHTSA preliminarily grants
Florida’s petition regarding proposed
alternate disclosure requirements for
vehicle transfers involving casual or
private sales. NHTSA preliminarily
denies Florida’s petition regarding
proposed alternate disclosure
requirements for sales involving
licensed dealers. NHTSA preliminarily
denies Florida’s petition regarding
proposed alternate disclosure
requirements for sales of leased
vehicles.
SUMMARY:
Comments are due no later than
September 7, 2011.
ADDRESSES: You may submit comments
[identified by DOT Docket ID Number
NHTSA–2010–####] by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. E.T., Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the SUPPLEMENTARY INFORMATION section
of this document. Note that all
comments received will be posted
DATES:
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48093-48101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19900]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 370
[EPA-HQ-SFUND-2010-0763; FRL-9448-8]
RIN 2050-AG64
Hazardous Chemical Reporting: Revisions to the Emergency and
Hazardous Chemical Inventory Forms (Tier I and Tier II)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S Environmental Protection Agency (EPA or the Agency) is
proposing to revise the Emergency and Hazardous Chemical Inventory
Forms (Tier I and Tier II) under Section 312 of the Emergency Planning
and Community Right-to-Know Act (EPCRA) to add new data elements and
revise some existing data elements.
DATES: Comments must be received on or before October 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2010-0763 by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: superfund.docket@epa.gov.
Fax: (202) 566-0224.
Mail: EPA Docket Center, Superfund Docket, Environmental
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. In addition, please mail a copy of your comments
on the information collection provisions to the Office of Information
and Regulatory Affairs, Office of Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: Environmental Protection Agency West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2010-0763. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Superfund Docket,
EPA/DC, EPA West Building, 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, Mailcode 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. You may 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). 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 proposed rule?
B. What should I consider as I prepare my comments for EPA?
C. What is the statutory authority for this proposed rule?
D. What is the background of this proposed rule?
II. What are the revisions that EPA is proposing on the Tier I and
Tier II forms?
A. Facility Identification
B. Name of the Facility's Parent Company and Owner or Operator
of the Facility
C. Facility Emergency Coordinator
[[Page 48094]]
D. Tier I and Tier II Information Contacts
E. Subject to Emergency Planning Notification Under Section 302
of EPCRA
F. Subject to Chemical Accident Prevention Under Section 112(r)
of the Clean Air Act (40 CFR part 68, Risk Management Program)
G. Range Codes and Ranges for Reporting Maximum Amount and
Average Daily Amount
III. What are the revisions specific to the Tier II form proposed by
EPA in this rule?
A. Chemical Information
B. Storage Types and Conditions
IV. Statutory and Executive Orders
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order13563: Improving Regulation and Regulatory 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 (Protection of Children From
Environmental Health Risks and Safety Risks)
H. Executive Order 13211 (Energy Effects)
I. National Technology Transfer and Advancement Act (``NTAA'')
J. Executive Order 12898: (Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations)
I. General Information
A. Who is affected by this proposed rule?
Entities that would be affected by this proposed rule are those
organizations and facilities subject to Section 312 of the Emergency
Planning and Community Right-to-Know Act (EPCRA) and its implementing
regulations found in 40 CFR part 370. 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 should I consider as I prepare my comments for EPA?
Tips for Preparing Your Comments. When submitting comments remember
to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period
deadline identified.
C. What is the statutory authority for this proposed rule?
This proposed 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). The Agency relies on sections 312 and 328 of
EPCRA for general rulemaking authority.
D. What is the background of this proposed rule?
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 (EHSs) and
to provide the public, local governments, fire departments and other
emergency officials with information concerning chemical releases and
the potential chemical risks in their communities. EPCRA consists of
emergency planning notification and community right-to-know reporting
of hazardous and toxic chemicals. The implementing regulations as well
as substances and reporting thresholds are codified in 40 CFR parts 355
and 370.
Under the emergency planning provisions of EPCRA, codified in 40
CFR part 355, a facility is required to provide a one-time notification
to the State Emergency Response Commission (SERC) and the local
emergency planning committee (LEPC) if the facility has any EHS present
at the site in excess of its threshold planning quantity (TPQ). EHSs
and their TPQs are listed in 40 CFR part 355, Appendix A and B. The
emergency planning notification occurred approximately seven months
after the law was passed for facilities that existed at that time. Any
facilities that became subject to the notification requirement after
that date are required to comply as provided in 40 CFR part 355.
Facilities that are currently covered by these regulations are required
to report only changes occurring at the facility that may be relevant
to emergency planning. LEPCs use the information obtained from
facilities to develop emergency response plans required under section
303 of EPCRA. Section 303 of EPCRA also requires LEPCs to review these
plans annually and to adjust them accordingly, for changes that have
occurred in their community.
Reporting requirements under the community right-to-know
provisions, sections 311 and 312 of EPCRA are on-going obligations.
Sections 311 and 312 of EPCRA apply to owners and operators of
facilities that are required to prepare or have available a material
safety data sheet (MSDS) for a hazardous chemical defined under the
Occupational Safety and Health Act (OSHA) Hazard Communication Standard
(HCS). If the hazardous chemical is present at or above the reporting
thresholds specified in 40 CFR part 370, the facility owner or operator
is required to submit a MSDS or a list that contains the hazardous
chemical under section 311 of EPCRA. Under section 312 of EPCRA, if a
hazardous chemical is present at or above the reporting threshold
specified in 40 CFR part 370, the facility owner or operator is
required to submit an emergency and hazardous chemical inventory form
(Tier I or Tier II) to the SERC, LEPC and the local fire department
annually by March 1.
As required by section 312(g) of EPCRA, EPA published two emergency
and hazardous chemical inventory reporting forms, Tier I and Tier II.
The Tier I inventory form requires facilities to report minimum
information on the general types and locations of hazardous chemicals
present at the facility. The Tier II inventory form requires facilities
to report specific information on the amounts and locations of
hazardous chemicals present at the facility. The information required
under Tier I and Tier II can be found in Sec. Sec. 370.41 and 370.42
of the regulations.
Section 312(a)(2) of EPCRA states that the owner or operator of a
facility shall submit the Tier I inventory form annually by March 1 to
the SERC, LEPC and the local fire department. However, section 312(e)
states that the owner or operator of a facility shall submit the Tier
II inventory form upon request by their SERC, LEPC or the fire
department with jurisdiction over the facility. Currently, all states
require facilities to submit the federal Tier II inventory form or the
state developed inventory reporting form.
In addition to the information obtained under the emergency
planning
[[Page 48095]]
provisions of EPCRA, LEPCs use the information provided on the
facility's annual emergency and hazardous chemical inventory form to
update the emergency response plan for their communities. States were
always given the flexibility to implement the EPCRA program as
appropriate for their State to meet the goals of EPCRA, which is to
prepare for and respond to releases of EHSs and to provide the public
with information on potential chemical risks in their communities. This
flexibility includes adding more chemicals, setting lower reporting
thresholds and creating a reporting form or format that includes more
information than is required by the federal reporting requirements.
Some States developed their own inventory reporting form, including
electronic reporting format. Other States use the federal inventory
reporting form or the federal electronic reporting format, Tier2
Submit.
Over the years, stakeholders requested that EPA add new data
elements to the forms that would be useful to improve their community
emergency response plans. In this action, EPA is proposing new data
elements to make the forms more useful for State and local agencies and
to better inform the public on chemical hazards in their communities.
We are also proposing to revise some existing data elements to make
reporting easier for facilities. The elements proposed herein are
intended to meet the purpose of EPCRA (Title III of SARA) which is ``*
* * to encourage and support State and local planning for emergencies
caused by the release of hazardous chemicals and to provide citizens
and governments with information concerning potential chemical hazards
present in their communities.'' See 55 FR 30632, Community Right-to-
Know Reporting Requirements, Final Rule, July 26, 1990.
II. What are the revisions that EPA is proposing on the Tier I and Tier
II forms?
The Tier I and Tier II forms were first published in 1987 and were
amended in 1990. Recently, State and local agencies requested that EPA
modify these forms to include new data elements and revise existing
data elements to make it more useful for emergency planning and
response. EPA requests public comment on each of the new and revised
data elements proposed by EPA in this notice for the Tier I and Tier II
forms. These elements are described below.
Information requirements for the Tier I and Tier II forms can be
found in 40 CFR 370.41 and 370.42, respectively. Current Tier I and II
forms are available on the Agency's Web site at https://www.epa.gov/emergencies. Additionally, the current Tier I and Tier II inventory
forms and the proposed Tier I and II inventory forms with the
additional elements and changes highlighted are in the docket for
today's rulemaking under the docket number EPA-HQ-SFUND-2010-0763.
A. Facility Identification
In addition to the information currently required on the Tier I and
Tier II forms under facility identification, we are proposing to add
new data elements for facility phone number, latitude and longitude,
and number of full-time employees.
Section 312 covers a broad range of chemicals and facilities. Some
of the facilities covered under section 312 also may be subject to the
Chemical Accident Prevention under section 112 (r) of the Clean Air Act
(CAA), also known as the Risk Management Program or the Toxic Release
Inventory (TRI) Program under section 313 of EPCRA. For those
facilities that are subject to these programs, EPA is also proposing to
add data elements for facility identification numbers that are assigned
under these two programs. These data elements should be readily
available to facilities that are covered by these two programs.
Stakeholders have requested that EPA add these data elements in order
to provide more complete information on the facilities to the public
and to the State and local agencies responsible for emergency planning
and response.
In addition to reporting the number of full-time employees, local
emergency responders requested that EPA require facilities such as
hotels, colleges, universities, and convention centers to report the
total number of people that may occupy a building at any given time, to
assist them in emergency planning and response. While EPA is not
including this additional element in today's proposal, EPA requests
comments if number of occupants should also be added as a data element
to the Tier I and II inventory forms.
B. Name of the Facility's Parent Company and Owner or Operator of the
Facility
States and LEPCs informed EPA that some facilities have sites in
remote locations and do not have operators present at all times. Thus,
if there is a need to contact someone in an emergency, emergency
response officials and State and local agencies need the contact
information of the facility's parent company or the owner or operator
of the facility. Therefore, under the facility identification section,
EPA is also proposing to require facilities to provide information on
the facility's parent company and the owner or operator of the
facility, such as name, address and phone number, as well as the Dun
and Bradstreet number of the facility's parent company. EPA is also
proposing that the facility owner or operator provide their e-mail
address.
C. Facility Emergency Coordinator
Under EPCRA section 303(d)(1), a facility is required to provide
the LEPC with the name and contact information of a facility
representative who will participate in the emergency planning process
as a facility emergency coordinator. The regulations in Sec. 355.20
(c) require facilities to notify LEPCs of any changes relevant to the
emergency planning within 30 days after the changes have occurred.
However, EPA also believes that this information should be provided on
the facility's annual inventory form since LEPCs and other emergency
response coordinators may need this information during an emergency.
Therefore, EPA is proposing to add this data element to the Tier I and
Tier II forms.
D. Tier I and Tier II Information Contacts
Since the information reported under EPCRA section 312 is used by
LEPCs to improve emergency response plans, these entities may need to
contact the facility regarding information that is reported on the Tier
I and Tier II reporting forms. The information filed under section 312
is also used by emergency response officials during an emergency
situation. As requested by these entities, the Agency is proposing to
require the name, title, phone number and e-mail address of the person
knowledgeable or responsible for completing the information on the Tier
I and Tier II forms.
E. Subject to Emergency Planning Under Section 302 of EPCRA
EPCRA section 302(c) requires facilities to notify their SERC and
LEPC that they are subject to emergency planning if there is an EHS
present at the facility at or above its threshold planning quantity
(TPQ). For facilities in existence when EPCRA was enacted, this was a
one-time notification that occurred approximately seven months after
enactment (in May 1987). Facilities that became subject to the
emergency planning notification requirement after this date are
required to provide notification to their SERC and LEPC within sixty
days of becoming subject to the requirements.
[[Page 48096]]
EPCRA section 303(a) requires each LEPC to develop an emergency
response plan for their communities. Such plans were to be developed in
two years after the enactment of EPCRA (October 1988). EPCRA section
303(a) also requires LEPCs to review the emergency response plan once a
year. LEPCs use the information reported by facilities under section
302(c) to develop or update the emergency response plans in their
community. The Agency believes that some of the facilities which
complied with the requirements under section 302(c) may no longer be
subject to emergency planning, for a number of reasons, including using
a chemical that is safer than an EHS, having an EHS below the TPQ, etc.
The Agency also believes that facilities that may become subject to the
annual inventory reporting under EPCRA section 312 may not be aware of
the requirements under EPCRA section 302. The EPCRA section 312
reporting requirement covers a broad range of chemicals, including EHSs
that are subject to emergency planning.
The reporting thresholds and requirements for EHSs are different
under sections 302 and 312. The reporting requirement for EHSs under
section 302 is to provide notification to the SERC and LEPC if the
facility has any EHS at or above the TPQ in order to complete emergency
planning requirements for the community. The reporting requirement for
EHSs under section 312 is to submit an inventory form annually by March
1 to the SERC, LEPC and the local fire department if the EHS is present
at a facility at any one time in an amount equal to or greater than 500
pounds or the TPQ, whichever is less in order to inform the public of
chemical hazards in their community.
Since the notification under section 302(c) is a one-time
notification which occurred in 1987 for most facilities, and since
section 303(a) requires LEPCs to update the emergency plan annually, it
would be useful for LEPCs to get an update from facilities clarifying
whether they are still subject to emergency planning. This will help
ensure that local emergency plans are up-to-date and include all
appropriate facilities.
To better account for facilities subject to emergency planning and
for LEPCs to use this information to improve the emergency response
plans in their community, LEPCs requested that EPA require facilities
to report if they are subject to emergency planning notification under
EPCRA section 302. As a result, the Agency is proposing to add a new
data element to indicate if facilities are subject to the emergency
planning notification under EPCRA section 302.
F. Subject to Chemical Accident Prevention Under Section 112(r) of the
Clean Air Act (40 CFR Part 68, Risk Management Program)
Section 112(r) of the Clean Air Act (CAA) amendments of 1990
requires certain facilities to develop and implement a risk management
program to prevent accidental releases of regulated chemicals.
Facilities subject to section 112(r) of the CAA are required to
implement an accident prevention program and an emergency response
program, conduct hazard assessment and summarize and submit to EPA
information about these programs and hazards in a risk management plan
(RMP). The implementing regulations are codified in 40 CFR part 68,
Chemical Accident Prevention, also known as the Risk Management
Program.
In addition to the information reported under EPCRA section 312,
LEPCs and States use the information reported in RMPs to improve the
emergency response plans in each community. In order to better serve
this purpose, EPA is proposing to add a new data element to both the
Tier I and Tier II forms to indicate whether the facility is subject to
chemical accident prevention under section 112(r) of the CAA.
G. Range Codes and Ranges for Reporting Maximum Amount and Average
Daily Amount
As stated in EPCRA section 312(d), the information requirements in
40 CFR 370.41 and 370.42 for the Tier I and Tier II forms currently
list range codes for reporting the maximum amount and average daily
amounts of hazardous chemicals present at the site in the preceding
calendar year. The range codes currently listed in the regulations are
very broad. Such information is not as useful as specific quantity
information for effective emergency response planning. Since the
statute specifically states that an estimate in ranges for the maximum
amount and average daily amount should be reported on the Tier I and II
inventory forms, the regulations would still require facilities to
report in ranges. However, in order for the States, local agencies and
emergency response officials to have information on the maximum amount
and average daily amount that are closer to the actual amounts present
at the facility, EPA is proposing to narrow the ranges that are in the
existing regulations. EPA specifically seeks comments if the range
codes and the ranges proposed below would be more useful to LEPCs for
effective emergency response planning or for responding to emergencies,
and if not, what ranges would be more useful to the LEPCs for effective
emergency response planning or for responding to emergencies.
------------------------------------------------------------------------
Weight range in pounds
Range codes ----------------------------------------------
From To
------------------------------------------------------------------------
01....................... 0 99.
02....................... 100 499.
03....................... 500 999.
04....................... 1,000 4,999.
05....................... 5,000 9,999.
06....................... 10,000 24,999.
07....................... 25,000 49,999.
08....................... 50,000 74,999.
09....................... 75,000 99,999.
10....................... 100,000 499,999.
11....................... 500,000 999,999.
12....................... 1,000,000 9,999,999.
13....................... 10,000,000 Greater than 10
million.
------------------------------------------------------------------------
III. What are the revisions specific to the Tier II form proposed by
EPA in this rule?
Facilities are required to report specific information about
hazardous chemicals on the Tier II inventory form. Some states may
require additional information than that which is required under the
federal reporting requirements. In addition to the new data elements
proposed in the previous section of this document, EPA is proposing to
revise some existing data elements on the Tier II federal inventory
form.
A. Chemical Information
In the final rule published on November 3, 2008 (73 FR 65452), EPA
clarified how to report a hazardous chemical mixture after determining
if the mixture or its hazardous components meet or exceed the reporting
thresholds specified in 40 CFR part 370. In that notice, the Agency
clarified that if a hazardous chemical in the mixture is an EHS, the
facility has to aggregate any and all amounts of that EHS present
throughout the facility in mixtures and in pure form to determine if
the reporting threshold for EHS has been met or exceeded. If the
reporting threshold for that EHS is exceeded, then the facility would
have an option to report the mixture or the EHS component.
To determine if the reporting threshold has been met or exceeded
for a mixture that contains a non-EHS hazardous chemical component, a
facility has the option to either add up
[[Page 48097]]
all the amounts of that non-EHS hazardous chemical present as a
component in all mixtures and all other quantities of that non-EHS
hazardous chemical present throughout the facility or consider the
total quantity of that mixture present throughout the facility. 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 has the option to report the non-EHS hazardous chemical
component or the mixture itself. See Sec. 370.14 for requirements on
reporting mixtures. As stated in Sec. 370.14(b), EPA encourages
facilities to be consistent with their reporting under EPCRA section
311 when reporting mixtures.
In this notice, EPA is proposing to modify the chemical information
reporting section of the Tier II inventory form to make it more user-
friendly for States and local agencies, as well as the emergency
response officials. This revision will also benefit facilities by
clarifying how to report mixtures on the Tier II form. Specifically,
the current form requires facilities to report the name of the mixture,
indicate whether the mixture contains an EHS, indicate the physical and
health hazards of the mixture, and report the amount present on-site,
as well as the type of storage and storage locations. The regulated
community and the state and local agencies, however, are unsure if the
amount present on-site refers to the mixture or the non-EHS hazardous
chemical or the EHS in the mixture. In order to clarify the reporting
of pure chemicals vs. mixtures, the proposed Tier II form has separate
entries for mixtures and pure chemicals. The entry for mixtures
includes a separate line for mixture name, amount of mixture present
(i.e. maximum and average daily amount), the EHS(s) name, and the
amount of EHS(s) present (i.e. maximum and average daily amount).
Facilities still have the option to report the mixture or the hazardous
chemical component as stated in Sec. 370.14.
B. Storage Types and Conditions
The Tier II form currently requires facilities to report the codes
for types of storage (i.e. above ground tank, steel drum) and storage
conditions (i.e. temperature, pressure). A code is currently listed for
each type of storage and storage conditions in Sec. 370.43. In order
to make the form more user-friendly and also to have information
readily available to emergency response officials in an emergency, EPA
proposes that facilities list the types of storage (i.e. above ground
tank, steel drum) and storage conditions (i.e. ambient temperature,
ambient pressure) on the Tier II form rather than noting the reporting
codes.
EPA seeks public comment on all the proposed new data elements and
revisions of the existing data elements described in this proposed
rule. The Agency also requests that commenters, including State and
local agencies suggest any additional information that should be added
to the Tier I and Tier II forms in order to make them more useful for
emergency planning and response.
Finally, we would note that the Agency is not proposing to revise
the introductory paragraph to Sec. Sec. 370.41 and 370.42. However,
since we are proposing to add some new data elements and proposing to
revise some existing data elements, we re-arranged and re-numbered all
the paragraphs to be consistent with how each data element appears on
the Tier I and Tier II inventory forms.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011). We believe this action is
administrative and non-controversial. The proposed data elements are
readily available to the facility. Stakeholders requested that EPA add
these new data elements because the additional information would
improve community emergency response planning. In addition, revising
the existing data elements will make the forms more user-friendly.
The proposed regulation will not have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities.
B. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR number 1352.13. This action may impose only minimal
reporting burden on facilities since the data elements proposed are
readily available to the facility. Revising the existing data elements
will make the forms more user-friendly and ease reporting requirements
for facilities. Stakeholders requested that EPA add the new data
elements since the additional information would be useful to develop or
modify their community emergency response plans. New data elements,
such as facility emergency coordinator needs to be updated annually for
LEPCs to coordinate the emergency plans and response to emergencies in
their community.
The Office of Management and Budget (OMB) has previously approved
the information collection requirements contained in regulations at 40
CFR part 370 which includes information requirements for the Tier I and
Tier II inventory forms, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2050-0072, EPA ICR number 1352.11. The OMB control numbers for
EPA's regulations are listed in 40 CFR part 9. Burden is defined at 5
CFR 1320.3(b). An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The OMB control numbers
for EPA's regulations are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this rule, which includes this ICR, under Docket ID number EPA-HQ-
SFUND-2010-0763. Submit any comments related to the ICR to EPA and OMB.
See ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after August 8, 2011, a comment to OMB is best
assured of having its full effect if OMB receives it by September 7,
2011. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
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
[[Page 48098]]
rulemaking requirements under the Administrative Procedure 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.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any ``not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.''
After considering the economic impacts of today's proposed 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.
The new data elements that we are proposing to add have been
requested by stakeholders in an effort to develop or modify their
community emergency response plans. In addition, revising the existing
data elements will make the forms more user-friendly, and thus, will
make reporting easier for facilities and will make the forms more user-
friendly for state and local officials.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1532-1538 for State, local, or tribal governments or the private
sector. This proposed rule does not impose any new requirements on
State, local or tribal governments. The data elements we are proposing
to add to the Tier I and Tier II inventory forms will be useful to
state, local and tribal governments to develop or modify their
community emergency response plans. In addition, the proposed revision
to the existing data elements will make the forms more user-friendly.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.
E. Executive Order 13132 (Federalism)
This action 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. The data elements we are proposing
to add to the Tier I and Tier II inventory forms will be useful to
state, local and tribal governments to develop or modify their
community emergency response plan. In addition, the proposed revision
to the existing data elements will make the forms more user-friendly.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.
F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This action does not have tribal implications, as specified in
Executive Order 13175, (65 FR 67249, November 9, 2000). The data
elements we are proposing to add to the Tier I and Tier II inventory
forms will be useful to the tribal governments to develop or modify
their community emergency response plans. In addition, the proposed
revision to the existing data elements will make the forms more user-
friendly. This action does not impose any new requirements on tribal
governments. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045 (Protection of Children From Environmental
Health Risks and Safety Risks)
This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in
Executive Order 12866 and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. The additional information that we
are proposing to add to the Tier I and Tier II inventory forms will be
useful to State and local officials to assist them in preparing the
community in an emergency situation.
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.
I. National Technology Transfer and Advancement Act (``NTTAA'')
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. NTTAA directs EPA to
provide Congress, through OMB, explanations of when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rule does not involve technical standards. Therefore,
EPA does 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 (February 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 proposed 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. The new data elements that the Agency is proposing
[[Page 48099]]
would be useful to develop or modify the community's emergency response
plan. In addition, revising the existing data elements will make the
forms more user-friendly.
List of Subjects in 40 CFR Part 370
Emergency Planning and Community Right-to-Know Act (EPCRA),
Hazardous chemicals, Emergency and hazardous chemical inventory forms,
Hazardous substances, Intergovernmental relations, Reporting
requirements, Superfund, Tier I and Tier II inventory forms.
Dated: August 1, 2011.
Lisa P. Jackson,
Administrator.
For the reasons discussed in the preamble, title 40, chapter I of
the Code of Federal Regulations is proposed to be amended as follows:
PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW
1. The authority citation for part 370 continues to read as
follows:
Authority: 42 U.S.C. 11021 and 11022.
2. Section 370.41 is revised to read as follows:
Sec. 370.41 What is Tier I inventory information?
Tier I information provides State and local officials and the
public with information on the general types and locations of hazardous
chemicals present at your facility during the previous calendar year.
The Tier I information is the minimum information that you must provide
to be in compliance with the inventory reporting requirements of this
part. If you are reporting Tier I information, you must report
aggregate information on hazardous chemicals by hazard categories.
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) The calendar year for the reporting period.
(b) The complete name and address of the location of your facility
(include the full street address or state road, city, county, State and
zip code), phone number, latitude, longitude, and the number of full
time employees (FTE).
(c) The North American Industry Classification System (NAICS) code
for your facility.
(d) Toxic Release Inventory (TRI) and Risk Management Plan (RMP)
identification numbers, if available.
(e) The Dun & Bradstreet number of your facility.
(f) The name, mailing address, phone number and email address of
the owner or operator of the facility.
(g) The name, mailing address, phone number, Dun & Bradstreet
number and email address of the facility's parent company.
(h) The name, title, phone number(s) and email address of at least
one local individual that can act as a referral if emergency responders
need assistance in responding to a chemical accident at your facility.
You must also provide an emergency phone number which will be available
24 hours a day, every day.
(i) An indication whether your facility is subject to the emergency
planning notification requirement under section 302 of EPCRA, codified
in 40 CFR part 355.
(j) The name, title, phone number, 24-hour phone number, and email
address of the facility emergency coordinator.
Note to paragraph (j): Section 303(d)(1) of EPCRA requires
facilities subject to the emergency planning notification
requirement to designate a facility representative who will
participate in the local emergency planning process as a facility
emergency coordinator. EPA encourages facilities that are not
subject to the emergency planning notification requirement also to
provide this information, if available, for effective emergency
planning in your community.
(k) An indication whether your facility is subject to the chemical
accident prevention requirements under Section 112(r) of the Clean Air
Act, codified in 40 CFR part 68, Chemical Accident Prevention
Provisions, also known as the Risk Management Program regulations.
(l) The name, title, phone number, and email address of the person
to contact for the information contained in the Tier I form.
(m) Certification. The owner or operator or the officially
designated representative of the owner or operator must certify that
all information included in the Tier I submission is true, accurate,
and complete as follows: ``I certify under penalty of law that I have
personally examined and am familiar with the information and that based
on my inquiry of those individuals responsible for obtaining the
information, I believe that the submitted information is true,
accurate, and complete.'' This certification shall be accompanied by
your full name, official title, signature, date signed, and total
number of pages in the submission including all attachments.
Note to paragraph (m): Some states require electronic reporting
(on-line or via diskettes) and electronic certification. Contact
your state for the specific requirements in that state.
(n) An indication whether you are including any attachments
(optional).
(o) An indication whether the information being reported is
identical to that submitted the previous year.
(p) 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 provided in Sec. 370.43.
(q) 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 provided in Sec. 370.43.
(r) The maximum number of days that any single hazardous chemical
within each hazard category was present at your facility during the
reporting period.
(s) The general locations of all applicable chemicals for each
hazard type. General locations should include the names or
identification of buildings, tank fields, lots, sheds or other such
areas. You may also attach one of the following with your Tier I
inventory form.
(A) A site plan with site indicated for buildings, lots, areas,
etc. throughout your facility.
(B) A list of site coordinate abbreviations that correspond to
buildings, lots, areas, etc., throughout your facility.
(C) A description of dikes and other safeguard measures for storage
locations throughout your facility.
3. Section 370.42 is revised to read as follows:
Sec. 370.42 What is Tier II inventory information?
Tier II information provides State and local officials and the
public with specific information on amounts and locations of hazardous
chemicals present at your facility during the previous calendar year.
Some states may require you to use a state reporting format including
electronic reporting and certification for submitting your hazardous
chemical inventory. Contact your state for the specific requirements in
that state.
If you are reporting Tier II information, you must include all of
the following:
(a) The calendar year of the reporting period.
[[Page 48100]]
(b) The complete name and address of the location of your facility
(include the full street address or state road, city, county, State and
zip code), phone number, latitude, longitude, and the number of full-
time employees (FTE).
(c) The North American Industry Classification System (NAICS) code
for your facility.
(d) Toxic Release Inventory (TRI) and Risk Management Plan (RMP)
identification numbers, if available.
(e) The Dun & Bradstreet number of your facility.
(f) The name, mailing address, phone number, Dun & Bradstreet
number and email address of the facility's parent company.
(g) The name, mailing address, phone number and email address of
the owner or operator of the facility.
(h) The name, title, phone number(s) and email address of at least
one local individual that can act as a referral if emergency responders
need assistance in responding to a chemical accident at your facility.
You must also provide an emergency phone number which will be available
24 hours a day, every day.
(i) The name, title, phone number and email address of the person
to contact regarding information contained in the Tier II report.
(j) An indication if your facility is subject to the emergency
planning notification requirement under section 302 of EPCRA, codified
in 40 CFR part 355.
(k) The name, title, phone number, 24-hour phone number and email
address of the facility emergency coordinator.
Note to paragraph (k): Section 303(d)(1) of EPCRA requires
facilities subject to the emergency planning notification
requirement to designate a facility representative who will
participate in the local emergency planning process as a facility
emergency coordinator. EPA encourages facilities not subject to the
emergency planning notification requirement also to provide this
information, if available, for effective emergency planning in your
community.
(l) An indication whether your facility is subject to the chemical
accident prevention requirements under section 112(r) of the Clean Air
Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention
Provisions, also known as the Risk Management Program regulations.
(m) 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, signature, date signed, and total
number of pages in the submission including all Confidential and Non-
Confidential Information Sheets and all attachments.
Note to paragraph (m): Some states require electronic reporting
(on-line or via diskettes) and electronic certification. Contact
your state for the specific requirements in that state.
(n) An indication whether you are including any attachments
(optional).
(o) An indication whether the information being reported is
identical to that submitted the previous year.
(p) For each hazardous chemical that you are required to report,
you must:
(1) Provide the chemical name (or the common name of the chemical)
or the name of the mixture as provided on the Material Safety Data
Sheet (MSDS) and provide the Chemical Abstract Service (CAS) registry
number of the chemical(s) provided on the MSDS. If you are withholding
the name in accordance with trade secret criteria, you must provide the
generic class or category that is structurally descriptive of the
chemical and indicate that the name is withheld because of trade
secrecy. Trade secret criteria are addressed in Sec. 370.64(a). Two
separate entries are provided to make reporting easier for your
facility.
Note to paragraph (p)(1): As provided in Sec. 370.14(a), if you
have a mixture that is a hazardous chemical on site you have an
option to report the hazardous component or the mixture itself. See
Sec. 370.14 for more information on how to determine if a reporting
threshold is met for a mixture containing a hazardous chemical and
how to report that mixture.
(2) Indicate whether the chemical is a solid, liquid, or gas; and
whether the chemical is an EHS. If reporting a hazardous chemical
component in the mixture, indicate that it is part of a mixture.
Note to paragraph (p)(2): As provided in Sec. 370.14(b), for
each specific mixture, EPA encourages facilities to be consistent
with their reporting under EPCRA section 311.
(3) Provide the name of each EHS in the mixture if you are
reporting a mixture that contains an EHS. As provided in Sec.
370.14(a), you also have an option to report the non-EHS hazardous
components in the mixture.
(4) Indicate which hazard categories apply to the chemical. The
five hazard categories are defined in Sec. 370.66.
(5) Provide an estimate (in ranges) of the maximum amount of the
hazardous chemical present at your facility on any single day during
the preceding calendar year. If the hazardous chemical is a mixture,
provide an estimate of the total amount of the mixture. If the mixture
contains any EHS, provide the total amount of each EHS in that mixture.
You must use codes that correspond to different ranges. The range codes
are in Sec. 370.43.
(6) Provide an estimate (in ranges) of the average daily amount of
the hazardous chemical present at your facility during the preceding
calendar year. If the hazardous chemical is a mixture, provide an
estimate of the average daily amount of the mixture. If the mixture
contains any EHS, provide the average daily amount of each EHS in the
mixture. You must use codes that correspond to different ranges. The
range codes are in Sec. 370.43.
(7) Provide the maximum number of days that the hazardous chemical
was present at your facility during the preceding calendar year.
(8) Provide the type of storage for the hazardous chemical or the
mixture containing the hazardous chemical at your facility. Examples
for type of storage: Above-ground tank, plastic or non-metallic drum,
steel drum, cylinder, rail car, etc.
(9) Provide the storage conditions for the hazardous chemical or
the mixture containing the hazardous chemical at your facility.
Examples for type of storage conditions: Ambient pressure, less than
ambient temperature/pressure, cryogenic conditions, etc.
(10)(i) Provide a brief description of the precise location(s) of
the hazardous chemical or the mixture at your facility. You may also
attach one of the following with your Tier II inventory form.
(A) A site plan with site indicated for buildings, lots, areas,
etc. throughout your facility.
(B) A list of site coordinate abbreviations that correspond to
buildings, lots, areas, etc., throughout your facility.
(C) A description of dikes and other safeguard measures for storage
locations throughout your facility.
(ii) 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
[[Page 48101]]
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.
4. Section 370.43 is revised as follows:
Sec. 370.43 What codes are used to report Tier I and Tier II
inventory information?
(a) 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 inventory information:
------------------------------------------------------------------------
Weight range in pounds
Range codes ----------------------------------------------
From To
------------------------------------------------------------------------
01....................... 0 99.
02....................... 100 499.
03....................... 500 999.
04....................... 1,000 4,999.
05....................... 5,000 9,999.
06....................... 10,000 24,999.
07....................... 25,000 49,999.
08....................... 50,000 74,999.
09....................... 75,000 99,999.
10....................... 100,000 499,999.
11....................... 500,000 999,999.
12....................... 1,000,000 9,999,999.
13....................... 10,000,000 Greater than 10
million.
------------------------------------------------------------------------
Note to paragraph (a): To convert gas or liquid volume to weight
in pounds, multiply by an appropriate density factor.
(b) Your SERC or LEPC may provide other range codes for reporting
maximum amount and average daily amount, 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.
[FR Doc. 2011-19900 Filed 8-5-11; 8:45 am]
BILLING CODE 6560-50-P