Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections, 38104-38109 [2016-13582]
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38104
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 1, 2016.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.910 add alphabetically the
inert ingredients to the table to read as
follows:
■
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
Inert ingredients
*
................
*
*
Limits
*
*
*
*
D-glucurono-6-deoxy-L-manno-D-glucan, acetate, calcium magnesium potassium sodium salt (diutan gum) (CAS Reg. No. 595585–15–2).
*
*
*
*
3. In § 180.940(a) add alphabetically
the inert ingredients to the table to read
as follows:
■
*
Uses
*
*
*
*
Stabilizer/suspension agent.
*
*
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food contact
surface sanitizing solutions).
*
CAS Registration No.
*
*
*
*
*
*
Limits
*
*
None.
*
*
*
*
Final rule; technical
amendment.
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
40 CFR Part 370
[FR Doc. 2016–13805 Filed 6–10–16; 8:45 am]
*
(a) * * *
*
*
*
*
*
D-glucurono-6-deoxy-L-manno-D-glucan, acetate, calcium magnesium (CAS No. 595585–15–2) ...............
potassium sodium salt (diutan gum).
*
*
*
Pesticide chemical
*
*
SUMMARY:
BILLING CODE 6560–50–P
[EPA–HQ–SFUND–2010–0763; FRL 9945–
07–OLEM]
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RIN 2050–AG85
Hazardous Chemical Reporting:
Community Right-to-Know; Revisions
to Hazard Categories and Minor
Corrections
Environmental Protection
Agency (EPA).
AGENCY:
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The Environmental Protection
Agency (EPA or the Agency) is
amending its hazardous chemical
reporting regulations due to the changes
in the Occupational Safety and Health
Administration (OSHA) Hazard
Communication Standard (HCS).
OSHA’s HCS was recently revised to
conform to the United Nations Globally
Harmonized System of Classification
and Labeling of Chemicals (GHS). Under
the revised HCS, chemical
manufacturers and importers are
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
required to evaluate their chemicals
according to the new criteria adopted
from GHS to ensure that they are
classified and labeled appropriately.
Manufacturers and importers are also
required to develop standardized Safety
Data Sheets (formerly known as
‘‘Material Safety Data Sheets’’) and
distribute them to downstream users of
their chemicals. These changes in HCS
affect the reporting requirements under
sections 311 and 312 of the Emergency
Planning and Community Right-toKnow Act (EPCRA). Based on the new
classification criteria that OSHA
adopted, EPA is revising the existing
hazard categories for hazardous
chemical inventory form reporting
under EPCRA Section 312 and for list
reporting under section 311. In this
action, EPA is also making a few minor
corrections in the hazardous chemical
reporting regulations.
DATES: Effective Date: This final rule is
effective June 13, 2016.
Compliance Date: The compliance
date is January 1, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–SFUND–2010–0763. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Superfund Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the
Superfund Docket is (202) 566–0270.
FOR FURTHER INFORMATION CONTACT: Sicy
Jacob, Office of Emergency
Management, Mail Code 5104A,
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington
DC 20004; telephone number: (202)
564–8019; email address: jacob.sicy@
epa.gov. Also contact the Superfund,
TRI, EPCRA, RMP and Oil Information
Center at (800) 424–9346 or (703) 412–
9810 (in the Washington, DC
metropolitan area). The
Telecommunications Device for the Deaf
(TDD) number is (800) 553–7672 or
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(703) 412–3323 (in the Washington, DC
metropolitan area.) You may wish to
visit the Office of Emergency
Management (OEM) Internet site at
https://www.epa.gov/emergencies.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is amending its hazardous
chemical reporting regulations at 40
CFR part 370 to conform to the revisions
of OSHA’s HCS due its adoption of the
GHS classification and labeling of
chemicals. The Occupational and Safety
and Health Administration published a
final rule to revise the HCS on March
26, 2012 (77 FR 17574), codified in 29
CFR 1910.1200. Among the recent HCS
modifications, the classification of
chemicals adopted from GHS affect the
reporting requirements under EPCRA
Sections 311 and 312. OSHA’s HCS
adopted certain terms used in GHS
provisions, such as ‘‘Safety Data Sheet
(SDS)’’ instead of the term ‘‘Material
Safety Data Sheet (MSDS).’’ EPCRA
Sections 311 and 312 and the
implementing regulations use the term
‘‘Material Safety Data Sheet (MSDS).’’ In
this action, EPA is also revising the
regulations to use both terms and their
acronyms as they have the same
meaning. This action is also making
some minor corrections in the
regulations at 40 CFR part 370. EPA
anticipates that closer correlation with
the OSHA HCS and GHS will provide
greater clarification to the regulated
community and facilitate emergency
planning.
II. Revisions to Hazard Categories
Sections 311 and 312 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) and its
implementing regulations at 40 CFR part
370 apply to the owners and operators
of facilities required to prepare or have
a MSDS for any hazardous chemical
defined under OSHA and its
implementing regulations. EPCRA
Section 311(e) defines the term
‘‘hazardous chemical’’ to be the same
meaning as it is given in 29 CFR
1910.1200(c), except for certain
substances exempted in EPCRA Section
311(e).
Section 311 of EPCRA requires
facilities to submit MSDSs of hazardous
chemicals or a list of hazardous
chemicals grouped into categories of
physical and health hazards as defined
in OSHA’s HCS to the State Emergency
Response Commission (SERC), Local
Emergency Planning Committee (LEPC)
and the local fire department with
jurisdiction over the facility. Section
312 of EPCRA requires these facilities to
submit an emergency and hazardous
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chemical inventory form to the SERC,
LEPC, and the local fire department,
annually by March 1. The inventory
form provides the physical or health
hazard of each hazardous chemical as
well as the locations and quantities
present at the facility during the
previous calendar year. There are two
reporting tiers, Tier I and Tier II. Tier I
inventory forms provide only general
information on hazardous chemicals.
Tier II inventory forms provide specific
information on each hazardous
chemical, which is used by many LEPCs
for developing or modifying their local
emergency response plans. Currently,
all states require facilities to submit the
federal Tier II form or the form
developed by the states, including
electronic reporting and submission.
The regulations including the
information required on the Tier I and
Tier II inventory forms were first
promulgated in 1987 and are codified in
40 CFR part 370.
As stated earlier in this document, the
statute specifies that the list reporting
under section 311 and the inventory
reporting under section 312 should be
based on the physical and health
hazards established under OSHA
regulations. Sections 311 and 312 also
provide that EPA may modify the
physical and health hazards set forth
under the Occupational Safety and
Health Act and regulations promulgated
under that Act. Accordingly, in 1987,
EPA modified OSHA’s 23 physical and
health hazards into five hazard
categories (three physical and two
health hazard categories) for facilities to
use for reporting under sections 311 and
312. These categories are defined
currently in the regulations at 40 CFR
370.66. Facilities have been using these
five hazard categories since 1987 to
report under sections 311 and 312.
Prior to the adoption of the GHS,
OSHA’s HCS was performance-oriented.
It established requirements for hazard
determination but did not provide the
specific language to convey the
information or a format in which to
provide to the users of the chemicals.
This meant that chemical producers
were able to use whatever language or
format they chose to provide the
necessary information. With the
adoption of GHS provisions, OSHA’s
HCS 2012 final rule established
consistent and standardized hazard
communication to the users of the
chemicals, to anyone exposed to the
chemicals, and to emergency
responders.
GHS is a standardized approach for
classifying chemicals by their health,
physical and environmental effects and
communicating this information to
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downstream users by using consistent
signal words, pictograms, hazard
statements, etc., on labels and SDSs.
GHS establishes a set of criteria and
provisions that regulatory authorities,
such as OSHA, can incorporate into
their existing regulations or standards,
or use to develop a new system.
Regulatory authorities are not required
to adopt all of the criteria that are
defined in GHS, only those that are
appropriate to their specific regulations.
Accordingly, OSHA adopted the
classification criteria and provisions
that are appropriate to its existing
standards for hazard communication for
labeling and SDSs. The revised HCS
provisions also include developing
SDSs using the standardized 16-section
format with consistent headings
adopted from GHS.
The definitions of hazards in GHS are
more specific, detailed criteria than they
were in OSHA’s HCS prior to the 2012
revisions. Under the GHS, each hazard
is considered to be a hazard class and
the classes are then generally subdivided into categories of hazard. For
example, under the original HCS, a
chemical is either a potential carcinogen
or it is not. Under the revised HCS, this
is further divided according to the
degree of severity of the hazard. That is,
carcinogenicity has two hazard
categories. Category 1 includes known
or presumed human carcinogens, while
Category 2 includes suspected human
carcinogens. Category 1 is also subdivided into Category 1A and 1B. Such
detailed criteria provides more accurate
hazard determinations and more
consistency among various suppliers of
the same chemical. EPA believes that
such detailed criteria will be valuable to
emergency planners and responders.
OSHA also revised the definition of
the term ‘‘hazardous chemical.’’ Prior to
March 26, 2012, OSHA’s HCS defined
the term ‘‘hazardous chemical’’ as any
chemical which is a physical or health
hazard. OSHA has revised the definition
of the term ‘‘hazardous chemical’’ to
add the term ‘‘classified’’ and to list
specifically certain hazards already
covered by HCS but not addressed in
GHS at the time of the March 2012 final
Physical hazards
(prior to GHS adoption)
rule. The revised definition of
‘‘hazardous chemical’’ is any chemical
which is classified as a physical or
health hazard, a simple asphyxiant,
combustible dust, pyrophoric gas, or
hazard not otherwise classified. OSHA
added the three hazards, simple
asphyxiant, combustible dust and
pyrophoric gas, to the definition of
‘‘hazardous chemical’’ to ensure that the
regulated community would understand
that these are still covered under the
revised HCS. The definition of
hazardous chemical also includes the
term ‘‘hazard not otherwise classified’’
(HNOC) for those chemicals that do not
fit into any of the hazard classes
adopted from GHS.
Although the physical and health
hazards in OSHA’s HCS prior to the
2012 revisions are the same as the
revised hazards, the descriptions are
slightly different. See the following
table for descriptions of physical hazard
class before and after adopting GHS
provisions.
Physical hazards
(after adoption, revised in 2012)
Combustible liquid ....................................................................................
Compressed Gas ......................................................................................
Explosive ..................................................................................................
Flammable ................................................................................................
Pyrophoric .................................................................................................
Oxidizer .....................................................................................................
Organic Peroxide ......................................................................................
Unstable (Reactive) ..................................................................................
Water-Reactive .........................................................................................
Flammable (gases, aerosols, liquids, or solids).
Gas under pressure.
Explosive.
Self-heating.
Pyrophoric (liquid or solid).
Oxidizer (liquid, solid or gas).
Organic peroxide.
Self-reactive.
In contact with water emits flammable gas.
Corrosive to metal.
Hazard Not Otherwise Classified (HNOC).
The following table lists OSHA HCS
health hazard class prior to and after
adoption of GHS provisions.
Health hazards
(prior to GHS adoption)
Health hazards
(after adoption, revised in 2012)
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Carcinogens ..............................................................................................
Toxic or highly toxic agents ......................................................................
Reproductive toxins ..................................................................................
Irritants; Corrosives ..................................................................................
Sensitizers ................................................................................................
Agents which damage the lungs, skin, eyes, or mucous membranes ....
Hepatotoxins .............................................................................................
Nephrotoxins .............................................................................................
Neurotoxins ...............................................................................................
Agents which act on the hematopoietic system .......................................
In addition to the hazards listed in the
previous tables, OSHA specifically
added the following hazards in the
March 2012 final rule, simple
asphyxiant, combustible dust,
pyrophoric gas, and hazard not
otherwise classified, to the definition of
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Carcinogenicity.
Acute toxicity (any route of exposure).
Reproductive toxicity.
Skin Corrosion or Irritation.
Respiratory or Skin Sensitization.
Serious eye damage or eye irritation.
Specific target organ toxicity (single or repeated exposure).
Germ cell mutagenicity.
Aspiration Hazard.
Hazard Not Otherwise Classified (HNOC).
hazardous chemical as mentioned
earlier in this document.
Hazardous chemical reporting under
EPCRA Sections 311 and 312 requires
facilities to report the physical and
health hazards of chemicals as
established under OSHA and its
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regulations. EPCRA provides that EPA
may modify the OSHA categories as
necessary.
Currently, the definition of the term
‘‘hazard category’’ in the regulations at
40 CFR 370.66 is the consolidation of
OSHA’s 23 original hazard categories
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into five hazard categories. The
following table lists the physical and
health hazard categories (consolidated
from OSHA’s original 23 hazard
categories) that facilities have been
using since 1987 to comply with EPCRA
Sections 311 and 312.
Health Hazard (Immediate-Acute)
Highly Toxic; Toxic; Irritant; Sensitizer;
Corrosives & other hazardous chemicals
that cause an adverse effect to a target
organ and which effect usually occurs rapidly as a result of a short term exposure
and is of short duration.
Health Hazard (Delayed-Chronic)
Physical Hazard
Fire
(Flammable,
Combustible
liquid,
Pyrophoric, Oxidizer).
Sudden Release of Pressure (Explosive,
Compressed Gas).
Reactive (Unstable Reactive, Organic Peroxide, Water Reactive).
Carcinogens & other hazardous chemicals
that cause an adverse effect to a target
organ and which effect generally occurs as
a result of long term exposure and is of
long duration.
Soon after OSHA’s HCS 2012 final
rule was published, many stakeholders
requested EPA adopt physical and
health hazard classes as they are
described in the revised HCS. The
stakeholders expressed that, if the EPA
adopted these physical and hazard
classes, it would be less burdensome to
Physical hazards
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the regulated community as they would
only need to copy the chemical hazard
information from the MSDS (or SDS)
and implementing agencies could more
easily compare the hazard information
provided on each MSDS (or SDS) with
the information provided on the list of
hazardous chemicals and the inventory
form.
Therefore, EPA has decided to replace
the existing five hazard categories (Fire,
Sudden Release of Pressure, Reactive,
Immediate (Acute) health hazard,
Delayed (Chronic) health hazard) in 40
CFR part 370 with each specific hazard
class listed in the revised OSHA HCS as
well as the four hazards that GHS did
not address (simple asphyxiant,
combustible dust, pyrophoric gas, and
hazard not otherwise classified). The
following table lists the physical and
health hazards that EPA is adopting
from the revised HCS.
Health hazards
Flammable (gases, aerosols, liquids, or solids)
Gas under pressure
Explosive
Self-heating
Pyrophoric (liquid or solid)
Oxidizer (liquid, solid or gas)
Organic
peroxide
Self-reactive
Pyrophoric gas
Corrosive to metal
In contact with water emits flammable gas
Combustible Dust
Hazard Not Otherwise Classified (HNOC)
The four hazards that are specifically
listed in the definition of ‘‘hazardous
chemical’’ in the revised HCS are listed
in the table as either a physical or health
hazard. The hazard, HNOC (hazard not
otherwise classified), would be both a
physical and health hazard, as listed in
the previous table.
Sections 311 and 312 use the term
‘‘hazard category,’’ so EPA will continue
to use the term ‘‘hazard category’’ in the
definition section in 40 CFR 370.66 but
will replace the five hazard categories
with those hazards listed in the
previous table. This technical
amendment would also delete any
reference to the consolidated five hazard
categories in the regulations,
specifically in sections 370.41 and
370.42(s)(5).
The hazard categories on both
inventory forms (Tier I and Tier II) and
the instructions to these forms would be
replaced with the list of physical and
health hazards as identified in the
previous table. As mentioned earlier,
the revised HCS requires chemical
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Carcinogenicity.
Acute toxicity (any route of exposure).
Reproductive toxicity.
Skin Corrosion or Irritation.
Respiratory or Skin Sensitization.
Serious eye damage or eye irritation.
Specific target organ toxicity (single or repeated exposure).
Aspiration Hazard.
Germ cell mutagenicity.
Simple Asphyxiant.
Hazard Not Otherwise Classified (HNOC).
producers to provide detailed criteria of
each hazard on the MSDS (or SDS) as
adopted from GHS. So, in addition to
the hazards listed in the previous table,
facilities complying with sections 311
and 312 may report the detailed criteria
for each hazard as provided on the SDS,
which would be beneficial for
emergency planners and responders.
EPA will be modifying Tier2 Submit,
the software developed for reporting
under section 312, to include the new
physical and health hazards as well as
the four specifically listed hazards that
EPA adopted from OSHA’s revised HCS.
For states that have their own reporting
software for section 312, EPA is
providing flexibility to allow states to
modify their software by January 1,
2018. Facilities are required to comply
with reporting the new physical and
health hazards on their Tier II inventory
form for reporting year 2017, by March
1, 2018. In the meantime, EPA
encourages facilities to provide the most
accurate information available on
potential hazards of each chemical at
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their facility to the SERC, LEPC, and the
local fire department with jurisdiction
over the facility.
Some states may already have
amended their regulations to include
the new hazards, consistent with the
revised HCS, which EPA is finalizing in
this action. Facilities should contact
their state for any additional reporting
and submission requirements.
III. Other Revisions to 40 CFR Part 370
As mentioned previously, the OSHA
HCS adopted some terms used in the
GHS provisions, such as, ‘‘Safety Data
Sheet (SDS)’’ instead of the term,
‘‘Material Safety Data Sheet (MSDS).’’
Although EPCRA Sections 311 and 312
refer to the term, ‘‘Material Safety Data
Sheet’’, the implementing regulations
would be revised to use both terms in
40 CFR part 370. The term ‘‘Safety Data
Sheet (SDS)’’ is now more commonly
used by all stakeholders.
In this action, EPA is correcting a
typographical error in 40 CFR 370.30(a)
and revising EPA’s Web site address in
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40 CFR 370.40(a), 370.64(a), and
370.64(b).
In this action, EPA is also revising the
definition section, 40 CFR 370.66, by
replacing the list of ‘‘hazard category’’
by the specific physical and health
hazards listed in the revised HCS. The
term ‘‘Safety Data Sheet (SDS)’’ will be
added to the definition section in
alphabetical order.
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IV. Authority Under the Administrative
Procedure Act
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, ‘‘when an
Agency for good cause finds . . . that
notice and public procedure thereon are
impracticable, unnecessary or contrary
to the public interest,’’ the Agency may
issue a final rule without providing
notice and an opportunity for public
comment. EPA has determined that
there is good cause for making this
technical amendment final without
prior proposal and opportunity for
comment, because this final rule simply
adopts the hazard classes established in
OSHA’s revised HCS as directed by
EPCRA Sections 311 and 312. The
burden for facilities associated with reclassifying their chemicals into the new
criteria that OSHA HCS adopted from
GHS is already accounted for in the
OSHA HCS March 2012 final rule.
Facilities required to comply with
EPCRA Sections 311 and 312 would
simply need to copy the hazards found
on each MSDS (or SDS) of the
hazardous chemical, to comply with the
inventory reporting under EPCRA
Section 312, and for the list of
chemicals submitted under section 311.
There is no additional burden incurred
for facilities due to this technical
amendment to 40 CFR part 370. The
burden for developing an MSDS (or
SDS) is already considered under the
OSHA HCS. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
V. Do any of the statutory and
Executive Order reviews apply to this
action?
This final rule simply adopts the
hazard categories set forth in OSHA
HCS for reporting on the inventory form
and the list of hazardous chemicals as
directed by sections 311 and 312 of
EPCRA. It does not impose any new
burden on the regulated community or
the implementing agencies.
Under Executive Order 12866 (58 FR
51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821, January 21,
2011), this action is not a ‘‘significant
regulatory action’’ and is therefore not
subject to OMB review. Because this
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action is not subject to notice and
comment requirements under the
Administrative Procedure Act or any
other statute, it is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) or Sections 202 and 205 of the
Unfunded Mandates Reform Act (2
U.S.C. 1531–1538). In addition, this
action does not significantly or uniquely
affect small governments. This action
does not create new binding legal
requirements that substantially and
directly affect Tribes under Executive
Order 13175 (65 FR 67249, November 9,
2000). This action does not have
significant Federalism implications
under Executive Order 13132 (64 FR
43255, August 10, 1999). Because this
final rule has been exempted from
review under Executive Order 12866,
this final rule is not subject to Executive
Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994). This action does not involve
technical standards; thus, the
requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
VI. Congressional Review Act
This action is subject to the
Congressional Review Act (CRA), and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in section IV of this
document, including the basis for that
finding.
List of Subjects in 40 CFR Part 370
Environmental protection, Extremely
hazardous substances, GHS, Hazard
categories, Hazard class, Hazardous
PO 00000
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Fmt 4700
Sfmt 4700
chemicals, OSHA HCS, Tier II Inventory
Form.
Dated: May 26, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and
Emergency Management.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 370—HAZARDOUS CHEMICAL
REPORTING: COMMUNITY RIGHT-TOKNOW
1. The authority citation for part 370
continues to read as follows:
■
Authority: Sections 302, 311, 312, 322,
324, 325, 327, 328, and 329 of the Emergency
Planning and Community Right-To-Know
Act of 1986 (EPCRA) (Pub. L. 99–499, 100
Stat. 1613, 42 U.S.C. 11002, 11021, 11022,
11042, 11044, 11045, 11047, 11048, and
11049).
§§ 370.10, 370.12, 370.13, 370.14, 370.20,
370.30, 370.31, 370.32, 370.33, 370.60,
370.62, 370.63, 370.64, and 370.66
[Amended]
2. In 40 CFR part 370, after the text
‘‘MSDS’’, add the words ‘‘(or SDS)’’ in
the following places:
■ a. Section 370.10(b)(1), two times;
■ b. Section 370.12(a) and (b);
■ c. Section 370.13 introductory text;
■ d. Section 370.14(a)(1) two times;
(a)(2), two times; and (b), three times;
■ e. Section 370.20, two times;
■ f. Undesignated center heading before
§ 370.30;
■ g. Section 370.30(a)(1), (a)(2) and (b)
two times;
■ h. Section 370.31, five times;
■ i. Section 370.32, two times;
■ j. Section 370.33, four times;
■ k. Section 370.60, section heading and
four times;
■ l. Section 370.62, three times;
■ m. Section 370. 63(b);
■ n. Section 370.64(a); and
■ o. Section 370.66 (definition of
‘‘Material Safety Data Sheet or MSDS’’).
In addition to the amendments set
forth above:
■
§ 370.1
[Amended]
3. In § 370.1, paragraph (a), after the
text ‘‘(MSDS)’’, add the words ‘‘or Safety
Data Sheet (SDS)’’.
■
§ 370.10
[Amended]
4. In § 370.10, paragraph (a)
introductory text, after the text
‘‘(MSDS)’’, add the words ‘‘(or Safety
Data Sheet (SDS))’’.
■
§ 370.14
[Amended]
5. In § 370.14, paragraphs (a)(1) and
(2), after the text ‘‘MSDSs’’, add the
words ‘‘(or SDSs)’’, four times.
■
E:\FR\FM\13JNR1.SGM
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
§ 370.30
[Amended]
6. Amend § 370.30 by:
a. In paragraph (a), removing the text
‘‘§ 1A370.10’’, and adding ‘‘§ 370.10’’ in
its place; and
■ b. Revising paragraph (a)(2).
The revised text reads as follows:
■
■
§ 370.30 What information must I provide
and what format must I use?
(a) * * *
(2) Submitting a list of all hazardous
chemicals present at your facility at or
above the applicable threshold levels.
The hazardous chemicals on your list
must be grouped by the specific health
and physical hazards as defined in
§ 370.66. The list must contain the
chemical or common name of each
hazardous chemical as provided on the
MSDS (or SDS).
*
*
*
*
*
§ 370.40
[Amended]
7. Amend § 370.40, paragraph (b), by
removing the text ‘‘https://www.epa.gov/
emergencies’’, and adding ‘‘https://
www.epa.gov/epcra’’ in its place.
■ 8. Amend § 370.41 by revising the
introductory text to read as follows:
■
Note to Paragraph (s)(1): 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).
*
*
*
*
*
(3) Mixture. If you are reporting a
mixture, enter the mixture name,
product name or trade name as provided
on the Material Safety Data Sheet
(MSDS) (or Safety Data Sheet (SDS)) and
provide the Chemical Abstract Service
(CAS) registry number of the mixture
provided on the MSDS (or SDS). If there
is no CAS number provided or it is not
known, check the box ‘‘Not Available.’’
*
*
*
*
*
(5) Pure Chemical or Mixture: Indicate
which hazard categories (or hazard
classes) apply to the chemical or the
mixture. The hazard categories (or
physical and health hazards) are defined
in § 370.66.
*
*
*
*
*
§ 370.64
§ 370.41 What is Tier I inventory
information?
§ 370.42 What is Tier II inventory
information?
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
(s) For each hazardous chemical that
you are required to report, you must:
(1) Pure Chemical: Provide the
chemical name (or the common name of
the chemical) as provided on the
Material Safety Data Sheet (MSDS) (or
Safety Data Sheet (SDS)) and provide
the Chemical Abstract Service (CAS)
registry number of the chemical
provided on the MSDS (or SDS).
VerDate Sep<11>2014
16:33 Jun 10, 2016
Jkt 238001
10. Amend § 370.64 by removing
‘‘https://www.epa.gov/emergencies’’ and
adding ‘‘https://www.epa.gov/epcra’’ in
its place, two times.
■
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. The hazard categories
(physical and health hazards) are
defined in § 370.66. Tier I inventory
form includes the following data
elements:
*
*
*
*
*
■ 9. Amend § 370.42 by revising
paragraphs (s)(1), (3), and (5) to read as
follows:
*
[Amended]
11. Amend § 370.66 by revising the
definition ‘‘Hazard category’’, and
adding in alphabetical order the
definition ‘‘Safety Data Sheet or SDS’’ to
read as follows:
■
§ 370.66 How are key words in this part
defined?
*
*
*
*
*
Hazard category is divided into two
categories, health and physical hazards.
(1) Health hazard means a chemical
which poses one of the following
hazardous effects: Carcinogenicity;
acute toxicity (any route of exposure);
aspiration hazard; reproductive toxicity;
germ cell mutagenicity; skin corrosion
or irritation; respiratory or skin
sensitization; specific target organ
toxicity (single or repeated exposure);
simple asphyxiant; and hazard not
otherwise classified (HNOC).
(2) Physical hazard means a chemical
which poses one of the following
hazardous effects: Flammable (gases,
aerosols, liquids or solids); gas under
pressure; explosive; self-heating;
pyrophoric (liquid or solid); pyrophoric
gas; oxidizer (liquid, solid or gas);
organic peroxide; self-reactive; in
contact with water emits flammable gas;
combustible dust; corrosive to metal;
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
38109
and hazard not otherwise classified
(HNOC).
*
*
*
*
*
Safety Data Sheet or SDS means the
sheet required to be developed under 29
CFR 1910.1200(g). This term means the
same as the term ‘‘material safety data
sheet or MSDS’’ defined in this section.
*
*
*
*
*
[FR Doc. 2016–13582 Filed 6–10–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 535
[Docket No. 16–09]
RIN 3072–AC65
Optional Method of Filing Ocean
Common Carrier and Marine Terminal
Operator Agreements Subject to the
Shipping Act of 1984
Federal Maritime Commission.
Confirmation of effective date of
direct final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission (Commission) is publishing
this document to confirm the effective
date of the direct final rule published on
April 27, 2016.
DATES: The direct final rule published
on April 27, 2016 (81 FR 24703) will
become effective on June 13, 2016.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Secretary, Federal
Maritime Commission, 800 North
Capitol Street NW., Washington, DC
20573–0001. Phone: (202) 523–5725.
Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: On April
27, 2016 (81 FR 24703), the Commission
published a direct final rule (DFR)
amending 46 CFR part 535 relating to
the filing of Ocean Common Carrier and
Marine Terminal Operator Agreements
to provide for optional filing of these
agreements through a new electronic
filing system. The Commission
indicated that if it did not receive any
significant adverse comments by May
27, 2016, the DFR would go into effect
on June 13, 2016.
The Commission received only one
comment that was not a significant
adverse comment, but rather in support
of the amendments. The commenter
stated that the amendments are a ‘‘winwin’’ and will make the filing process of
agreements and amendments more
efficient, expeditious, and effective. The
Commission agrees with the commenter
that the optional filing system will
facilitate more efficient filing, review,
and publication of these agreements.
SUMMARY:
E:\FR\FM\13JNR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38104-38109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13582]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 370
[EPA-HQ-SFUND-2010-0763; FRL 9945-07-OLEM]
RIN 2050-AG85
Hazardous Chemical Reporting: Community Right-to-Know; Revisions
to Hazard Categories and Minor Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
amending its hazardous chemical reporting regulations due to the
changes in the Occupational Safety and Health Administration (OSHA)
Hazard Communication Standard (HCS). OSHA's HCS was recently revised to
conform to the United Nations Globally Harmonized System of
Classification and Labeling of Chemicals (GHS). Under the revised HCS,
chemical manufacturers and importers are
[[Page 38105]]
required to evaluate their chemicals according to the new criteria
adopted from GHS to ensure that they are classified and labeled
appropriately. Manufacturers and importers are also required to develop
standardized Safety Data Sheets (formerly known as ``Material Safety
Data Sheets'') and distribute them to downstream users of their
chemicals. These changes in HCS affect the reporting requirements under
sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA). Based on the new classification criteria that OSHA
adopted, EPA is revising the existing hazard categories for hazardous
chemical inventory form reporting under EPCRA Section 312 and for list
reporting under section 311. In this action, EPA is also making a few
minor corrections in the hazardous chemical reporting regulations.
DATES: Effective Date: This final rule is effective June 13, 2016.
Compliance Date: The compliance date is January 1, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-SFUND-2010-0763. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the Superfund Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Superfund Docket is (202) 566-0270.
FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management, Mail Code 5104A, Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington DC 20004; telephone number: (202)
564-8019; email address: jacob.sicy@epa.gov. Also contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at (800) 424-9346
or (703) 412-9810 (in the Washington, DC metropolitan area). The
Telecommunications Device for the Deaf (TDD) number is (800) 553-7672
or (703) 412-3323 (in the Washington, DC metropolitan area.) You may
wish to visit the Office of Emergency Management (OEM) Internet site at
https://www.epa.gov/emergencies.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is amending its hazardous chemical reporting regulations at 40
CFR part 370 to conform to the revisions of OSHA's HCS due its adoption
of the GHS classification and labeling of chemicals. The Occupational
and Safety and Health Administration published a final rule to revise
the HCS on March 26, 2012 (77 FR 17574), codified in 29 CFR 1910.1200.
Among the recent HCS modifications, the classification of chemicals
adopted from GHS affect the reporting requirements under EPCRA Sections
311 and 312. OSHA's HCS adopted certain terms used in GHS provisions,
such as ``Safety Data Sheet (SDS)'' instead of the term ``Material
Safety Data Sheet (MSDS).'' EPCRA Sections 311 and 312 and the
implementing regulations use the term ``Material Safety Data Sheet
(MSDS).'' In this action, EPA is also revising the regulations to use
both terms and their acronyms as they have the same meaning. This
action is also making some minor corrections in the regulations at 40
CFR part 370. EPA anticipates that closer correlation with the OSHA HCS
and GHS will provide greater clarification to the regulated community
and facilitate emergency planning.
II. Revisions to Hazard Categories
Sections 311 and 312 of the Emergency Planning and Community Right-
to-Know Act (EPCRA) and its implementing regulations at 40 CFR part 370
apply to the owners and operators of facilities required to prepare or
have a MSDS for any hazardous chemical defined under OSHA and its
implementing regulations. EPCRA Section 311(e) defines the term
``hazardous chemical'' to be the same meaning as it is given in 29 CFR
1910.1200(c), except for certain substances exempted in EPCRA Section
311(e).
Section 311 of EPCRA requires facilities to submit MSDSs of
hazardous chemicals or a list of hazardous chemicals grouped into
categories of physical and health hazards as defined in OSHA's HCS to
the State Emergency Response Commission (SERC), Local Emergency
Planning Committee (LEPC) and the local fire department with
jurisdiction over the facility. Section 312 of EPCRA requires these
facilities to submit an emergency and hazardous chemical inventory form
to the SERC, LEPC, and the local fire department, annually by March 1.
The inventory form provides the physical or health hazard of each
hazardous chemical as well as the locations and quantities present at
the facility during the previous calendar year. There are two reporting
tiers, Tier I and Tier II. Tier I inventory forms provide only general
information on hazardous chemicals. Tier II inventory forms provide
specific information on each hazardous chemical, which is used by many
LEPCs for developing or modifying their local emergency response plans.
Currently, all states require facilities to submit the federal Tier II
form or the form developed by the states, including electronic
reporting and submission. The regulations including the information
required on the Tier I and Tier II inventory forms were first
promulgated in 1987 and are codified in 40 CFR part 370.
As stated earlier in this document, the statute specifies that the
list reporting under section 311 and the inventory reporting under
section 312 should be based on the physical and health hazards
established under OSHA regulations. Sections 311 and 312 also provide
that EPA may modify the physical and health hazards set forth under the
Occupational Safety and Health Act and regulations promulgated under
that Act. Accordingly, in 1987, EPA modified OSHA's 23 physical and
health hazards into five hazard categories (three physical and two
health hazard categories) for facilities to use for reporting under
sections 311 and 312. These categories are defined currently in the
regulations at 40 CFR 370.66. Facilities have been using these five
hazard categories since 1987 to report under sections 311 and 312.
Prior to the adoption of the GHS, OSHA's HCS was performance-
oriented. It established requirements for hazard determination but did
not provide the specific language to convey the information or a format
in which to provide to the users of the chemicals. This meant that
chemical producers were able to use whatever language or format they
chose to provide the necessary information. With the adoption of GHS
provisions, OSHA's HCS 2012 final rule established consistent and
standardized hazard communication to the users of the chemicals, to
anyone exposed to the chemicals, and to emergency responders.
GHS is a standardized approach for classifying chemicals by their
health, physical and environmental effects and communicating this
information to
[[Page 38106]]
downstream users by using consistent signal words, pictograms, hazard
statements, etc., on labels and SDSs. GHS establishes a set of criteria
and provisions that regulatory authorities, such as OSHA, can
incorporate into their existing regulations or standards, or use to
develop a new system. Regulatory authorities are not required to adopt
all of the criteria that are defined in GHS, only those that are
appropriate to their specific regulations. Accordingly, OSHA adopted
the classification criteria and provisions that are appropriate to its
existing standards for hazard communication for labeling and SDSs. The
revised HCS provisions also include developing SDSs using the
standardized 16-section format with consistent headings adopted from
GHS.
The definitions of hazards in GHS are more specific, detailed
criteria than they were in OSHA's HCS prior to the 2012 revisions.
Under the GHS, each hazard is considered to be a hazard class and the
classes are then generally sub-divided into categories of hazard. For
example, under the original HCS, a chemical is either a potential
carcinogen or it is not. Under the revised HCS, this is further divided
according to the degree of severity of the hazard. That is,
carcinogenicity has two hazard categories. Category 1 includes known or
presumed human carcinogens, while Category 2 includes suspected human
carcinogens. Category 1 is also sub-divided into Category 1A and 1B.
Such detailed criteria provides more accurate hazard determinations and
more consistency among various suppliers of the same chemical. EPA
believes that such detailed criteria will be valuable to emergency
planners and responders.
OSHA also revised the definition of the term ``hazardous
chemical.'' Prior to March 26, 2012, OSHA's HCS defined the term
``hazardous chemical'' as any chemical which is a physical or health
hazard. OSHA has revised the definition of the term ``hazardous
chemical'' to add the term ``classified'' and to list specifically
certain hazards already covered by HCS but not addressed in GHS at the
time of the March 2012 final rule. The revised definition of
``hazardous chemical'' is any chemical which is classified as a
physical or health hazard, a simple asphyxiant, combustible dust,
pyrophoric gas, or hazard not otherwise classified. OSHA added the
three hazards, simple asphyxiant, combustible dust and pyrophoric gas,
to the definition of ``hazardous chemical'' to ensure that the
regulated community would understand that these are still covered under
the revised HCS. The definition of hazardous chemical also includes the
term ``hazard not otherwise classified'' (HNOC) for those chemicals
that do not fit into any of the hazard classes adopted from GHS.
Although the physical and health hazards in OSHA's HCS prior to the
2012 revisions are the same as the revised hazards, the descriptions
are slightly different. See the following table for descriptions of
physical hazard class before and after adopting GHS provisions.
------------------------------------------------------------------------
Physical hazards (prior to GHS Physical hazards (after
adoption) adoption, revised in 2012)
------------------------------------------------------------------------
Combustible liquid..................... Flammable (gases, aerosols,
liquids, or solids).
Compressed Gas......................... Gas under pressure.
Explosive.............................. Explosive.
Flammable.............................. Self-heating.
Pyrophoric............................. Pyrophoric (liquid or solid).
Oxidizer............................... Oxidizer (liquid, solid or
gas).
Organic Peroxide....................... Organic peroxide.
Unstable (Reactive).................... Self-reactive.
Water-Reactive......................... In contact with water emits
flammable gas.
Corrosive to metal.
Hazard Not Otherwise Classified
(HNOC).
------------------------------------------------------------------------
The following table lists OSHA HCS health hazard class prior to and
after adoption of GHS provisions.
------------------------------------------------------------------------
Health hazards (after adoption,
Health hazards (prior to GHS adoption) revised in 2012)
------------------------------------------------------------------------
Carcinogens............................ Carcinogenicity.
Toxic or highly toxic agents........... Acute toxicity (any route of
exposure).
Reproductive toxins.................... Reproductive toxicity.
Irritants; Corrosives.................. Skin Corrosion or Irritation.
Sensitizers............................ Respiratory or Skin
Sensitization.
Agents which damage the lungs, skin, Serious eye damage or eye
eyes, or mucous membranes. irritation.
Hepatotoxins........................... Specific target organ toxicity
(single or repeated exposure).
Nephrotoxins........................... Germ cell mutagenicity.
Neurotoxins............................ Aspiration Hazard.
Agents which act on the hematopoietic Hazard Not Otherwise Classified
system. (HNOC).
------------------------------------------------------------------------
In addition to the hazards listed in the previous tables, OSHA
specifically added the following hazards in the March 2012 final rule,
simple asphyxiant, combustible dust, pyrophoric gas, and hazard not
otherwise classified, to the definition of hazardous chemical as
mentioned earlier in this document.
Hazardous chemical reporting under EPCRA Sections 311 and 312
requires facilities to report the physical and health hazards of
chemicals as established under OSHA and its regulations. EPCRA provides
that EPA may modify the OSHA categories as necessary.
Currently, the definition of the term ``hazard category'' in the
regulations at 40 CFR 370.66 is the consolidation of OSHA's 23 original
hazard categories
[[Page 38107]]
into five hazard categories. The following table lists the physical and
health hazard categories (consolidated from OSHA's original 23 hazard
categories) that facilities have been using since 1987 to comply with
EPCRA Sections 311 and 312.
------------------------------------------------------------------------
-------------------------------------------------------------------------
Physical Hazard
------------------------------------------------------------------------
Fire (Flammable, Combustible liquid, Pyrophoric, Oxidizer).
Sudden Release of Pressure (Explosive, Compressed Gas).
Reactive (Unstable Reactive, Organic Peroxide, Water Reactive).
------------------------------------------------------------------------
Health Hazard (Immediate-Acute)
------------------------------------------------------------------------
Highly Toxic; Toxic; Irritant; Sensitizer; Corrosives & other hazardous
chemicals that cause an adverse effect to a target organ and which
effect usually occurs rapidly as a result of a short term exposure and
is of short duration.
------------------------------------------------------------------------
Health Hazard (Delayed-Chronic)
------------------------------------------------------------------------
Carcinogens & other hazardous chemicals that cause an adverse effect to
a target organ and which effect generally occurs as a result of long
term exposure and is of long duration.
------------------------------------------------------------------------
Soon after OSHA's HCS 2012 final rule was published, many
stakeholders requested EPA adopt physical and health hazard classes as
they are described in the revised HCS. The stakeholders expressed that,
if the EPA adopted these physical and hazard classes, it would be less
burdensome to the regulated community as they would only need to copy
the chemical hazard information from the MSDS (or SDS) and implementing
agencies could more easily compare the hazard information provided on
each MSDS (or SDS) with the information provided on the list of
hazardous chemicals and the inventory form.
Therefore, EPA has decided to replace the existing five hazard
categories (Fire, Sudden Release of Pressure, Reactive, Immediate
(Acute) health hazard, Delayed (Chronic) health hazard) in 40 CFR part
370 with each specific hazard class listed in the revised OSHA HCS as
well as the four hazards that GHS did not address (simple asphyxiant,
combustible dust, pyrophoric gas, and hazard not otherwise classified).
The following table lists the physical and health hazards that EPA is
adopting from the revised HCS.
------------------------------------------------------------------------
Physical hazards Health hazards
------------------------------------------------------------------------
Flammable (gases, aerosols, liquids, or Carcinogenicity.
solids)
Gas under pressure Acute toxicity (any route of
exposure).
Explosive Reproductive toxicity.
Self-heating Skin Corrosion or
Irritation.
Pyrophoric (liquid or solid) Respiratory or Skin
Sensitization.
Oxidizer (liquid, solid or gas) Serious eye damage or eye
irritation.
Organic Specific target organ
peroxide toxicity (single or
repeated exposure).
Self-reactive Aspiration Hazard.
Pyrophoric gas Germ cell mutagenicity.
Corrosive to metal Simple Asphyxiant.
In contact with water emits flammable gas Hazard Not Otherwise
Classified (HNOC).
Combustible Dust
Hazard Not Otherwise Classified (HNOC)
------------------------------------------------------------------------
The four hazards that are specifically listed in the definition of
``hazardous chemical'' in the revised HCS are listed in the table as
either a physical or health hazard. The hazard, HNOC (hazard not
otherwise classified), would be both a physical and health hazard, as
listed in the previous table.
Sections 311 and 312 use the term ``hazard category,'' so EPA will
continue to use the term ``hazard category'' in the definition section
in 40 CFR 370.66 but will replace the five hazard categories with those
hazards listed in the previous table. This technical amendment would
also delete any reference to the consolidated five hazard categories in
the regulations, specifically in sections 370.41 and 370.42(s)(5).
The hazard categories on both inventory forms (Tier I and Tier II)
and the instructions to these forms would be replaced with the list of
physical and health hazards as identified in the previous table. As
mentioned earlier, the revised HCS requires chemical producers to
provide detailed criteria of each hazard on the MSDS (or SDS) as
adopted from GHS. So, in addition to the hazards listed in the previous
table, facilities complying with sections 311 and 312 may report the
detailed criteria for each hazard as provided on the SDS, which would
be beneficial for emergency planners and responders.
EPA will be modifying Tier2 Submit, the software developed for
reporting under section 312, to include the new physical and health
hazards as well as the four specifically listed hazards that EPA
adopted from OSHA's revised HCS. For states that have their own
reporting software for section 312, EPA is providing flexibility to
allow states to modify their software by January 1, 2018. Facilities
are required to comply with reporting the new physical and health
hazards on their Tier II inventory form for reporting year 2017, by
March 1, 2018. In the meantime, EPA encourages facilities to provide
the most accurate information available on potential hazards of each
chemical at their facility to the SERC, LEPC, and the local fire
department with jurisdiction over the facility.
Some states may already have amended their regulations to include
the new hazards, consistent with the revised HCS, which EPA is
finalizing in this action. Facilities should contact their state for
any additional reporting and submission requirements.
III. Other Revisions to 40 CFR Part 370
As mentioned previously, the OSHA HCS adopted some terms used in
the GHS provisions, such as, ``Safety Data Sheet (SDS)'' instead of the
term, ``Material Safety Data Sheet (MSDS).'' Although EPCRA Sections
311 and 312 refer to the term, ``Material Safety Data Sheet'', the
implementing regulations would be revised to use both terms in 40 CFR
part 370. The term ``Safety Data Sheet (SDS)'' is now more commonly
used by all stakeholders.
In this action, EPA is correcting a typographical error in 40 CFR
370.30(a) and revising EPA's Web site address in
[[Page 38108]]
40 CFR 370.40(a), 370.64(a), and 370.64(b).
In this action, EPA is also revising the definition section, 40 CFR
370.66, by replacing the list of ``hazard category'' by the specific
physical and health hazards listed in the revised HCS. The term
``Safety Data Sheet (SDS)'' will be added to the definition section in
alphabetical order.
IV. Authority Under the Administrative Procedure Act
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, ``when an Agency for good cause finds . .
. that notice and public procedure thereon are impracticable,
unnecessary or contrary to the public interest,'' the Agency may issue
a final rule without providing notice and an opportunity for public
comment. EPA has determined that there is good cause for making this
technical amendment final without prior proposal and opportunity for
comment, because this final rule simply adopts the hazard classes
established in OSHA's revised HCS as directed by EPCRA Sections 311 and
312. The burden for facilities associated with re-classifying their
chemicals into the new criteria that OSHA HCS adopted from GHS is
already accounted for in the OSHA HCS March 2012 final rule. Facilities
required to comply with EPCRA Sections 311 and 312 would simply need to
copy the hazards found on each MSDS (or SDS) of the hazardous chemical,
to comply with the inventory reporting under EPCRA Section 312, and for
the list of chemicals submitted under section 311. There is no
additional burden incurred for facilities due to this technical
amendment to 40 CFR part 370. The burden for developing an MSDS (or
SDS) is already considered under the OSHA HCS. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(3)(B).
V. Do any of the statutory and Executive Order reviews apply to this
action?
This final rule simply adopts the hazard categories set forth in
OSHA HCS for reporting on the inventory form and the list of hazardous
chemicals as directed by sections 311 and 312 of EPCRA. It does not
impose any new burden on the regulated community or the implementing
agencies.
Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. Because this action is not subject to notice and comment
requirements under the Administrative Procedure Act or any other
statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) or Sections 202 and 205 of the Unfunded Mandates Reform
Act (2 U.S.C. 1531-1538). In addition, this action does not
significantly or uniquely affect small governments. This action does
not create new binding legal requirements that substantially and
directly affect Tribes under Executive Order 13175 (65 FR 67249,
November 9, 2000). This action does not have significant Federalism
implications under Executive Order 13132 (64 FR 43255, August 10,
1999). Because this final rule has been exempted from review under
Executive Order 12866, this final rule is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001)
or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). This action does not
involve technical standards; thus, the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
VI. Congressional Review Act
This action is subject to the Congressional Review Act (CRA), and
EPA will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. The CRA allows the issuing
agency to make a rule effective sooner than otherwise provided by the
CRA if the agency makes a good cause finding that notice and comment
rulemaking procedures are impracticable, unnecessary or contrary to the
public interest (5 U.S.C. 808(2)). The EPA has made a good cause
finding for this rule as discussed in section IV of this document,
including the basis for that finding.
List of Subjects in 40 CFR Part 370
Environmental protection, Extremely hazardous substances, GHS,
Hazard categories, Hazard class, Hazardous chemicals, OSHA HCS, Tier II
Inventory Form.
Dated: May 26, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and Emergency Management.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW
0
1. The authority citation for part 370 continues to read as follows:
Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and
329 of the Emergency Planning and Community Right-To-Know Act of
1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002,
11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).
Sec. Sec. 370.10, 370.12, 370.13, 370.14, 370.20, 370.30, 370.31,
370.32, 370.33, 370.60, 370.62, 370.63, 370.64, and 370.66 [Amended]
0
2. In 40 CFR part 370, after the text ``MSDS'', add the words ``(or
SDS)'' in the following places:
0
a. Section 370.10(b)(1), two times;
0
b. Section 370.12(a) and (b);
0
c. Section 370.13 introductory text;
0
d. Section 370.14(a)(1) two times; (a)(2), two times; and (b), three
times;
0
e. Section 370.20, two times;
0
f. Undesignated center heading before Sec. 370.30;
0
g. Section 370.30(a)(1), (a)(2) and (b) two times;
0
h. Section 370.31, five times;
0
i. Section 370.32, two times;
0
j. Section 370.33, four times;
0
k. Section 370.60, section heading and four times;
0
l. Section 370.62, three times;
0
m. Section 370. 63(b);
0
n. Section 370.64(a); and
0
o. Section 370.66 (definition of ``Material Safety Data Sheet or
MSDS'').
In addition to the amendments set forth above:
Sec. 370.1 [Amended]
0
3. In Sec. 370.1, paragraph (a), after the text ``(MSDS)'', add the
words ``or Safety Data Sheet (SDS)''.
Sec. 370.10 [Amended]
0
4. In Sec. 370.10, paragraph (a) introductory text, after the text
``(MSDS)'', add the words ``(or Safety Data Sheet (SDS))''.
Sec. 370.14 [Amended]
0
5. In Sec. 370.14, paragraphs (a)(1) and (2), after the text
``MSDSs'', add the words ``(or SDSs)'', four times.
[[Page 38109]]
Sec. 370.30 [Amended]
0
6. Amend Sec. 370.30 by:
0
a. In paragraph (a), removing the text ``Sec. 1A370.10'', and adding
``Sec. 370.10'' in its place; and
0
b. Revising paragraph (a)(2).
The revised text reads as follows:
Sec. 370.30 What information must I provide and what format must I
use?
(a) * * *
(2) Submitting a list of all hazardous chemicals present at your
facility at or above the applicable threshold levels. The hazardous
chemicals on your list must be grouped by the specific health and
physical hazards as defined in Sec. 370.66. The list must contain the
chemical or common name of each hazardous chemical as provided on the
MSDS (or SDS).
* * * * *
Sec. 370.40 [Amended]
0
7. Amend Sec. 370.40, paragraph (b), by removing the text ``https://www.epa.gov/emergencies'', and adding ``https://www.epa.gov/epcra'' in
its place.
0
8. Amend Sec. 370.41 by revising the introductory text 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. The
hazard categories (physical and health hazards) are defined in Sec.
370.66. Tier I inventory form includes the following data elements:
* * * * *
0
9. Amend Sec. 370.42 by revising paragraphs (s)(1), (3), and (5) to
read as follows:
Sec. 370.42 What is Tier II inventory information?
* * * * *
(s) For each hazardous chemical that you are required to report,
you must:
(1) Pure Chemical: Provide the chemical name (or the common name of
the chemical) as provided on the Material Safety Data Sheet (MSDS) (or
Safety Data Sheet (SDS)) and provide the Chemical Abstract Service
(CAS) registry number of the chemical provided on the MSDS (or SDS).
Note to Paragraph (s)(1): 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).
* * * * *
(3) Mixture. If you are reporting a mixture, enter the mixture
name, product name or trade name as provided on the Material Safety
Data Sheet (MSDS) (or Safety Data Sheet (SDS)) and provide the Chemical
Abstract Service (CAS) registry number of the mixture provided on the
MSDS (or SDS). If there is no CAS number provided or it is not known,
check the box ``Not Available.''
* * * * *
(5) Pure Chemical or Mixture: Indicate which hazard categories (or
hazard classes) apply to the chemical or the mixture. The hazard
categories (or physical and health hazards) are defined in Sec.
370.66.
* * * * *
Sec. 370.64 [Amended]
0
10. Amend Sec. 370.64 by removing ``https://www.epa.gov/emergencies''
and adding ``https://www.epa.gov/epcra'' in its place, two times.
0
11. Amend Sec. 370.66 by revising the definition ``Hazard category'',
and adding in alphabetical order the definition ``Safety Data Sheet or
SDS'' to read as follows:
Sec. 370.66 How are key words in this part defined?
* * * * *
Hazard category is divided into two categories, health and physical
hazards.
(1) Health hazard means a chemical which poses one of the following
hazardous effects: Carcinogenicity; acute toxicity (any route of
exposure); aspiration hazard; reproductive toxicity; germ cell
mutagenicity; skin corrosion or irritation; respiratory or skin
sensitization; specific target organ toxicity (single or repeated
exposure); simple asphyxiant; and hazard not otherwise classified
(HNOC).
(2) Physical hazard means a chemical which poses one of the
following hazardous effects: Flammable (gases, aerosols, liquids or
solids); gas under pressure; explosive; self-heating; pyrophoric
(liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas);
organic peroxide; self-reactive; in contact with water emits flammable
gas; combustible dust; corrosive to metal; and hazard not otherwise
classified (HNOC).
* * * * *
Safety Data Sheet or SDS means the sheet required to be developed
under 29 CFR 1910.1200(g). This term means the same as the term
``material safety data sheet or MSDS'' defined in this section.
* * * * *
[FR Doc. 2016-13582 Filed 6-10-16; 8:45 am]
BILLING CODE 6560-50-P
