Thursday
October 12, 1989
Part II
Environmental
Protection Agency
40 CFR Part 370
Community Right-to-Know Reporting
Requirements; Interim Final Rule and
Supplemental Notice to Proposed Rule
Printed on Recycled Paper
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41906 Federal Register / Vol. 54. No. 196 / Thursday, October 12. .1989 / Rules and Regulations^
Notice published elsewhere in today's
Federal Register.
II. Interim Final Rule
A, Extension of the Two-Year
Thresholds for Manufacturers
By extending the current reporting
thresholds for manufacturers, today's
Interim Final Rule limits for an
additional year the hazardous chemicals
that must be reported by facilities in SIC
codes 20 through 39 under sections 311
and 312 to those that are present at the
facility in an amount equal to or greater
than 10,000 pounds, or at which EHSs
are present in an amount equal to or
greater than 500 pounds (or 55 gallons}
or the TPQ, whichever is lower.
Accordingly, the following changes are. ;
made in 40 CFR 370.20: (1) the date"
specified at 40 CFR 370.20(b)(l)(ii) for
reporting all hazardous chemicals
present at a manufacturing facility in
quantities between 10,000 and zero
pounds for which an MSDS has not yet
been submitted is changed from October
17,1989 to October 17,1990; (2] the
amounts specified at 40 CFR
370.20(B)(2)(iii) for the third year of Tier <
I reporting for all hazardous chemicals
present at a manufacturing facility
during the preceding calendar year is
changed to amounts equal to or greater
than 10,000 pounds or extremely
hazardous substances present at the
jfacility in an amount equal to or greater
than 500 pounds (or 55 gallons)
whichever is lower; and (3) the date
specified at new section. 40 GFR
370.2Q(b)(2)(iv), is March t, 1991, for
reporting under the current final
threshold for all hazardous chemicals
and all extremely hazardous substances
present at a manufacturing facility
during the preceding calendar year in
amounts equal to or greater than'zero
pounds.
IV. Regulatory Analyses
A; Regulatory Impact Analysis
A Regulatory Impact Analysis is not
necessary for today's Interim Final Rule
because il makes no change in current
reporting thresholds but merely extends
those currently in effect for one- ,
additional year. Costs and benefits
associated with reporting requirements
under the thresholds specified at 40 CFR
370.20 will remain unchanged.
B. Regulatory Flexibility Act Analysis
A Regulatory Flexibility Act Analysis
is not necessary for the Interim Final •
Rule because the impact of the current
third-year reporting thresholds was
analyzed for the October 15,1987 final
rule and today's Interim Final Rule
makes no change in the reporting
thresholds or their impact oh small
businesses. , •
C. Paperwork Reduction Act
Office of Management and Budget
approval is not necessafjrfor this
Interim Final Rule because it has no
effect on the reporting burden imposed
by40CFR370.-
List of Subjects in 40 CFR Part 370
Chemicals, Hazardous substances,
F4Xtremely hazardous substances,
Intergovernmental relations, Community
right-to-know, Chemical accident •
prevention, Chemical emergency
' preparedness, Community emergency
response plan, Contingency planning,
Reporting,and recordkeeping
requirements. .
Dated: September 29,1989.
William K.Reffly,
Administrator. . , ; .
For the reasons set out in .the , .
preamble, part 370 of subtitle J of title 40
of the Code of Federal Regulations is
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. 11011,11012,11024,
11025,11028,11029.
2. Section 370.20 is amended by
revising paragraph (b)(l)(ii) by
redesignating paragraph (b)(2)(iii) as
paragraph (b)(2)(iv), by revising the
newly redesignated paragraph (b}(2)(iv)
and by adding a new paragraph
(b)(2)(iii) to read as follows:
Subpart B—Reporting Requirements
§ 370.20 Applicability.
* * ' * * , *
(b) * . * ,
(I)1.* *
(ii) On or before October 17,1990 for
facilities in Standard Industrial •
Classification Codes 20 through 39
(manufacturing facilities) (or 2 years and
3 months after the facility first becomes
subject to this Subpart for non-
manufacturing facilities), for;all
hazardous chemical present at the
facility between 10,000 and zero.pounds j
for which MSDS has not yet been,
submitted. •
' (2) * * * . - .
(iii) On or before March 1,1990 for
facilities in Standard Industrial
Classification Codes 20 through 39
(manufacturing facilities) covering all
hazardous chemicals present at the •
facility during the preceding calendar
• yeariii amounts equal to or greater than
10,000 pounds or that are extremely
hazardous substances present at the
facility in an amount equal to or greater
than 500 pounds (or 55 gallons) or the
TPQ, whichever is less. .-..'' . .
(iv) On or before March 1,1991 for
facilities in Standard Industrial
• Classification Codes 20 through 39
(manufacturing facilities) (or March 1 ,of
the third year after the facility, first . •
becomes subject to this Subpart for non-
mariufacruring facilities), and annually
thereafter, covering all hazardous
chemic.als present at the facility during
the preceding calendar year in amounts
equal to or greater than zero pounds or
that are extremely hazardous •
substances present at the facility in an
amount equal to or greater than 500
pounds (or 55 gallons) or the TPQ
whichever is less.
***,**
[FR Doc. 89-23831 Filed 10-11-89; 8:45 am]
BILLING CODE 6560-50-M
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41907
Federal Register / Vol. 54, No. 166
E!W!RONR/iŁNTAL PROTECTION
AGENCY
40 CFR Parts 370
[FRL-3657-9]
Community Rigtit-to-Know Reporting
Requirements
AGENCY: Environmental Protection
Agency (EPA).
ACTION! Supplemental notice to
proposedrule; notice of availabihty.___
^IMMARY: Section 311 of the Emergency
Sfnnfng and Community Right-to-Know
Act (EPCRA) or Title III of the
c;,inprfund Amendments and
Xuthorization Act of 1986 (SARA]
authorizes the Administrator &Ł"**&
Environmental Protection Agency ffiPAJ
to establish reporting thresholds (i.e.,
) for hazardous chemicals
ing
for thirst two years of
[52 ŁK 38344; October 15,
1987]. EPA also promulgated zero
thresholds "in that rulemaking to become
effective in the third year of reporting,
but stated in the preamble that it would
conduct further studies of all threshold
alternatives and would propose final
reporting thresholds before the
beginning of the third year of reporting.
After completing its study of
alternative thresholds, EPA published a
Notice of Proposed Rulemaking (NPRM)
proposing final reporting thresholds (54
FR 12992; March 29, 1989). Also as part
of the NPRM, EPA proposed to eliminate
the language, in 40 CFR 370.20 that
established the three-year phased-in
reporting requirements established by
the October 17, 1987- final rule, intending
to subject all sectors of industry to the •
same final reporting thresholds on the
same effective dates. In today's
Supplemental Notice, EPA is clarifying
and soliciting comments on its intent to
establish, in the final rule on reporting
thresholds, uniform effective dates for
final reporting thresholds for all
facilities required to submit reports
under sections 311 and 312, regardless of
the threshold option selected in the final
rule. In this Supplemental Notice, EPA is
using the term "final" rather than
"permanent" threshold to avoid the
misapprehension that no changes in the
thresholds could ever be made in the
future.
Also, EPA is today announcing the
availability of .the results of an analysis
of reporting thresholds under State
Right-to-Know laws.
Elsewhere in today's Federal Register,
EPA is promulgating an Interim Final
Rule extending, for manufacturing
facilities, the reporting thresholds
established for the first two years of
reporting under the October 15,1987'
rule.
DATES: Comments must be received on
or before November 13,1989.
ADDRESSES: Comments may be mailed
or delivered to the Superfund Docket
clerk. Atm: Docket Number 300RR-IF,
Superfund Docket Room 2427 (OS-240),
U.S. Environmental Protection Agency,
401M Street SW., Washington, DC
20460. Please send four copies of
comments. .
Copies of materials relevant to this
Supplemental Notice and to the March
"29,1989 NPRM are contained in the
Superfund Docket—Room 2427, 401M
Street SW., Washington, DC 20460. The
Docket may be inspected by
appointment between the hours of 9:00
a.m. and 4:00 p.m., Monday through
Friday, excluding Federal holidays. The
docket phone number is (202) 382-3046,
As provided in 40 CFR Part 2, a
reasonable fee may be charged for
copying services.
FOR FURTHER INFORMATION CONTACT:
Kathleen Brody, Project Officer,
Chemical Emergency Preparedness and
Prevention Office, Office of Solid Waste
and Emergency Response, OS-120, U.S.
Environmental Protection Agency, 401M
Street SW., Washington, DC 20460, or
the Emergency Planning and Community
Right-to-Know Information Hotline at 1-
800-535-0202, or in the Washington, DC
metro area and Alaska at (202) 479-2449.
SUPPLEMENTARY INFORMATION: The
contents of today's Supplemental Notice
are listed in the following outline:
I. Introduction
A. Statutory Authority
B. Background
C. Proposed Uniform Effective Dates for
Compliance with Reporting Thresholds
under SARA sections 311 and 312
II. Notice of Availability.
I. Introduction
A Statutory Authority
This Supplemental Notice is issued
under sections 311 and 312 of Title III of
the Superfund Amendments and
Reauthorization Act of 1986 (SARA)
(Pub. L. 99-499; 42 U.S.C. 11001 et seq.).
Title III is the Emergency Planning and
Community Right-to-Know Act of 1986.
B.. Background
Section 311 of Title HI applies to the
owner or operator of a facility where
there are hazardous chemicals present
for which the owner or operator must -
prepare or have available a Material
Safety Data Sheet (MSDS) under the
Hazard Communication Standards
(HCS] (29 CFR 1910) promulgated under
the Occupational Safety and Health Act
of 1970. Under section 311 of Title III, the
owner or operator of a facility must
submit individual MSDSs, or a.list of
chemicals for which the facility .is
required to have MSDSs, to the State
Emergency Response Commission,
(SERO), Local Emergency Planning
Committee (LEPC), and the local fire
department. The HCS does not list
specific chemicals; a "hazardous
chemical," as defined in the HCS, is one
that poses either a physical or health
hazard. The tens of thousands of
chemicals covered by the HCS include
petroleum products, explosives, and
carcinogens.
The HCS regulations were initially
restricted to facilities in Standard
Industrial Classification (SIC) codes 20
through 39, that is, the manufacturing
sector. On August 24,1987, however, the
Occupational Safety and Health
Administration (OSHA) revised, the HCS
to cover facilities in the non-
manufacturing sector as well as
facilities in the manufacturing sector (52
FR 51852). A challenge to the revised
standards by several industrial groups
resulted in a temporary stay for non-
manufacturing facilities. On July 22,
1988, OSHA clarified that the HCS was
in effect for non-manufacturing facilities
as of June 24,1988, except for the
cons truction industry (53 FR 27679). On
February 15,1989, OSHA notified EPA
that all provisions of the HCS were in
effect as of January. 30,1989 for all.
segments of industry, including the.
construction industry (54 FR 6886),;
For facilities in SIC codes 20 through
39, the initial MSDSs or lists were.
required to be submitted to the .
appropriate SERC, LEPC, and fire
department by October 17,1987. Non-
• manufacturers were required to submit
their MSDSs or lists by September 24,
1988 (i.e., three months after they
became subject to the HCS, as specified
in 40 CFR 370.20(b)). Facilities in the
construction industry were required to
submit their MSDSs or lists by April 30,
1989. Thereafter, if a facility begins to
use a chemical subject to the HCS in a
quantity at or above the reporting
threishold, or if a facility learns that its
previously submitted MSDS is
inaccurate for any reason, the facility
must submit the new or correct
information within three months to the
appropriate SERC, LEPC, and the local
fire (department (40 CFR 370.21(c)).
Under section 312 of Title III, owners
and operators covered by section 311 af
Title HI are required to submit
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United States
Environmental Protection
Agency
(OS-120)
Washington, DC 20460
Official Business
Penalty for Private Use
$300
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