Wednesday
April 22, 1987
Part II
Protection Agency
40 CFR Parts 300 and 355
Extremely Hazardous Substances List *nnd
Threshold Planning Quantities;
Emergency Planning and Release
Notification Requirements; Final Rule
Printed on Recycled Paper
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13378 Federal Register / Vol. 52. No. 77 / Wednesday, April 22. 1987 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 300 and 355
IFRL-3173-8]
Extrtmtly Hazardous Substances List
and Threshold Planning Quantities;
Emergsncy Planning and Release
Notification Requirements
AQiNCY: U.S. Environmental Protection
Agency (EPA).
ACTION; Final rule.
SUMMARY: Section 302 of the Superfund
Amendments and Reauthorization Act
of 1980 (SARA), signed into law on
October 17,1988, required the
Administrator of EPA to publish a list of
extremely hazardous substances within
30 days. The Administrator was also
required to simultaneously publish an
interim final regulation establishing a
threshold planning quantity for each
substance on the list and initiate a
rulomaking to finalize these regulations.
The list and planning quantities trigger
emergency planning in States and local
communities under SARA. On
November 17,1986, EPA published an
Interim final rule codifying the
statutorily prescribed list of extremely
hazardous substances, the
corresponding threshold planning
quantities for those substances, and the
local and State reporting requirements
for facilities at which extremely
hazardous substances or other
"hazardous substances" are present. On
November 17, EPA also proposed
revisions to the list of extremely
hazardous substances. Today's
rulemaklng revises the list of extremely
hazardous substances, the threshold
planning quantities, and the emergency
planning and release reporting
requirements based on public comments
received on the Interim final rule and
proposed revisions.
EFFECTIVE DATES: This rule becomes
effective on May 17,1987 for purposes of
facility planning notification under
section 302 and May 22,1987 for
purposes of emergency release
notification under section 304. Other
dates relevant to this rule include the
following:
1. State emergency response
commissions are to be established by
April 17,1987.
2. Facility notifications for emergency
planning are required by May 17,1987.
8. State commissions are to establish
emergency planning districts by July 17,
1967.
4. State commissions are to establish
local emergency planning committees by
August 17,1987.
5. Facility emergency release
notifications to the local emergency
planning committee begin on August 17,
1987 or on the date on which the
committee is formed if prior to that date.
6. Facility notifications to local
committees concerning facility
representatives are due by September
17,1987.
7. Emergency response plans should
be completed by the local emergency
planning committees by October 17,
1988.
ADDRESS: The record supporting this
rulemaking is contained in the
Superfund Docket located in Room
Lower Garage at the U.S. Environmental
Protection Agency, 401M Street, SW,
Washington, DC 20460. The docket is
available for inspection by appointment
only 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:
Richard A. Homer, Chemical Engineer,
Preparedness Staff, Office of Solid
Waste and Emergency Response, WH-
562A, U.S. Environmental Protection
Agency, 401M Street, SW, Washington,
DC 20460. The Chemical Emergency
Preparedness Hotline, at 1-800/535-
0202, in Washington, DC at 1-202/479-
2449 can also be contacted for further
information.
SUPPLEMENTARY INFORMATION: The
contents of today's preamble are listed
in the following outline:
I. Introduction
A. Statutory Authority
B. Background
1. Superfund Amendments and
Reauthorization Act of 1986 (SARA)
, 2. Title III
3. Emergency Planning and Notification
Requirements Under Title III
4. Emergency Planning Program
D. Summary of Public Comments
III. Summary of Revisions to the Interim Final
Rule
IV. Responses to Major Public Comments
A. Emergency Planning
B. Emergency Release Notifications
C. Criteria Used to Identify Extremely
Hazardous Substances
D. List of Extremely Hazardous Substances
E. Determination of Levels of Concern
F. Threshold Planning Quantities
G. Reportable Quantities
H. Miscellaneous
V. Relationship to CERCLA
A. Relationship of Title III to the National
Contingency Plan
B. Relationship of This Rule to CERCLA
section 103 Reporting Requirements
VI. Effective Dates
VII. Regulatory Analyses
A. Regulatory Impact Analysis
B. Regulatory Flexibility Analysis
C. Paperwork Reduction Act
VIII. Supporting Information
I. Introduction
A, Statutory Authority
This regulation is issued under Title
III of the Superfund Amendments and
Reauthorization Act of 1986, (Pub. L. 99-
499), ("SARA" or "the Act"). Title III of
SARA is known as the Emergency
Planning and Community Right-to-know
Act of 1986.
B. Background
1. Superfund Amendments and
Reauthorization Act of 1986 (SARA)
On October 17,1986, the President
signed into law the Superfund
Amendments and Reauthorization Act
of 1986 ("SARA") which revises and
extends the authorities established
under the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980 ("CERCLA").
Commonly known as "Superfund,"
CERCLA provides authority for federal
cleanup of uncontrolled hazardous
waste sites and response to releases of
hazardous substances. Title III of SARA
establishes new authorities for
emergency planning and preparedness,
emergency release notification,
community right-to-know reporting, and
toxic chemical release reporting.
2. Title III
Title III of SARA, also known as the
"Emergency Planning and Community
Right-to-Know Act of 1986", is Intended
to encourage and support emergency
planning efforts at the State and local
levels and provide the public and local
governments with information
concerning potential chemical hazards
present in their communities. The
emergency planning requirements of this
Act recognize the need to establish and
maintain contingency plans for
responding to chemical accidents which
can inflict health and environmental
damage as well as cause significant
disruption within a community.
Title III is organized into three
subtitles. Subtitle A, which .establishes
the framework for local emergency
planning, will be described in more
detail in the following section. Subtitle B
provides the mechanism for community
awareness with respect to hazardous
chemicals present in the locality. This
information is critical for effective local
contingency planning. Subtitle B
includes requirements for the
submission of material safety data
sheets and emergency and hazardous
chemical inventory forms to State and
local governments, and the submission
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of toxic chemical release forms to the
States and the Agency. Subtitle C
contains general provisions concerning
trade secret protection, enforcement,
citizen suits, and public availability of
information.
Today's rule revises the interim final
rule, published on November 17,1986,
(51 FR 41570), which set forth the basic
elements for initiation of local
emergency planning. The preamble to
that rule described the Title III
framework in more detail. Following is a
summary of the statutory provisions
directly related to today's final rule.
3. Emergency Planning and Notification
Requirements Under Title III
Subtitle A of Title III is concerned
primarily with emergency planning
programs at the State and local levels.
Section 301 requires each State to
establish an emergency response
commission by April 17,1987, The State
commission is responsible for
establishing emergency planning
districts and appointing, supervising,
and coordinating local emergency
planning committees.
Section 303 governs the development
of comprehensive emergency response
plans by the local emergency planning
committees and provision of facility
information to the committee. The local
emergency planning committee is
responsible for completing an
emergency plan meeting the
requirements of section 303 by October
17,1988 and reviewing the plan at least
annually. Under section 303(d), facilities
subject to emergency planning must
designate a facility representative who
will participate in the local emergency
planning effort as a facility emergency
response coordinator. This designation
must be made by September 17,1987 or
30 days after establishment of the local
emergency planning committee,
whichever is earlier. Section 303(dJ also
requires facilities to provide the
committee with information relevant to
development or implementation of the
local emergency response plan.
Section 302 required the
Administrator of EPA to publish a list of
extremely hazardous substances and
threshold planning quantities (TPQs) for
such substances within 30 days of
enactment of SARA. Any facility where
an extremely hazardous substance is
present in an amount in excess of the
threshold planning quantity is required
to notify the State commission by May
17,1987 or 60 days after the facility first
begins handling an extremely hazardous
substance in excess of its TPQ. Such
notification should be in writing and
specify the name and an accurate and
current locational address of the facility.
Other facilities may also be designated
by the commission or the Governor. In
turn, the State emergency response
commission must notify EPA of such
facilities. The Agency encourages State
commissions to provide such notice by
August 17,1987 to the EPA Regional
Administrator for the standard Federal
Region in which the State is located. The
Agency requests that the notification
provide a list of the covered facilities
with their current and accurate
locational addresses organized by
emergency planning district, if
practicable.
The list of extremely hazardous
substances is defined in section
302(a)(2) as "the list of substances
published in November, 1985 by the
Administrator in Appendix A of the
Chemical Emergency Preparedness
Program Interim Guidance". This list
was established by EPA to identify
chemical substances which could cause
serious irreversible health effects from
accidental releases. Section 302(a)(3)
further required EPA to initiate a
rulemaking to revise the threshold
planning quantities.
Section 304 establishes requirements
for immediate reporting of certain
releases of hazardous substances to the
local planning committees and the State
emergency response commissions,
similar to the release reporting
provisions under section 103 of
CERCLA. Section 304 also requires
follow-up reports on the release, its
effects, and response actions taken. An
interim final rule, published on
November 17,1986 set forth the list of
extremely hazardous substances,
threshold planning quantities and
reporting requirements. A companion
rule requested comments on the interim
final rule and proposed deletions from
and additions to the list of extremely
hazardous substances. Today's rule
finalizes the list and associated planning
requirements based on public
comments.
4. Emergency Planning Program
After the enactment of Superfund
[1980), it became apparent that
emergency response, although vital to
the protection of public health and the
environment from accidental releases of
hazardous substances, was not enough
protection against the possibility of
releases of extremely hazardous
substances. For many chemicals, it is
not sufficient merely to plan for cleanup
of releases once they have occurred
because of the hazard the releases pose
to surrounding populations. Rather, it is
important to facilitate emergency
planning which can help prevent the
accident and enable timely and effective
emergency response in the event of a
hazardus release. To aid in such
planning, the Agency initiated the
voluntary Chemical Emergency
Preparedness Program (CEPP)a part of
the Agency's Air Toxics Strategy for
addressing both continuing and
accidental releases of toxic substances
into the air environment. Under CEPP,
EPA developed the list of substances
referred to in section 302(a) (now known
as "extremely hazardous substances")
and guidance materials to help local
communities focus their planning efforts.
Title III of SARA mandates the type of
program advocated by the Agency's
CEPP. It encourages State and local
governments to establish the
infrastructure needed to facilitate
emergency planning and provides
technical support to these programs. It
also requires certain facilities to supply
the information on substances present at
the facility which is necessary for
contingency planning.
The extremely hazardous substances
list and its threshold planning quantities
are intended to help communities focus
on the substances and facilities of the
most immediate concern for emergency
planning and response. EPA strongly
emphasizes, however, that while the list
finalized today includes many of the
chemicals which may pose an
Immediate hazard to a community upon
release, it is not to be considered a list
of all substances which are hazardous
enough to require community emergency
response planning. There are tens of
thousands of compounds and mixtures
in commerce in the United States, and in
specific circumstances, many of them
could be considered toxic or otherwise
dangerous. The list published today
represents only a first step towards
development of an effective emergency
response planning effort at the
community level. Without a preliminary
list of this kind, it would be very difficult
for most communities to know where to
begin identification of potential
chemical hazards among the many
chemicals present in any community.
Similarly, the threshold planning
quantities are not absolute levels above
which the extremely hazardous
substances are dangerous and below
which they pose no threat at all. Rather,
the threshold planning quantities are
intended to provide a "first cut" for
community emergency response
planners where these extremely
hazardous substances are present. After
identification of facilities at which
extremely hazardous substances are
present in quantities greater than the
threshold planning quantities, the
community will have the basis for
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13380 Federal Register / Vol. 52. No. 77 / Wednesday, April 22. 1987 / Rules and Regulations
further analysis of the potential danger
posed by these facilities. Also, they will
be able to identify other facilities posing
potential chemical risks to the
community and develop contingency
plans to protect the public from releases
of hazardous chemicals. Sections 311
and 312 of Title III provide a mechanism
through which a community will receive
material safety data sheets and other
information on extremely hazardous
substances, as well as many other
chemicals, from many facilities which
handle them. A community can then
assess and initiate planning activities, if
desirable, for quantities below the
threshold planning quantity and for
other substances of concern to them. A
proposed rule setting forth the
requirements for reporting under
sections 311 and 312 was published on
January 27,1987 (51FR 2836).
In addition to the assistance provided
by the extremely hazardous substance
list and the threshold planning
quantities, community emergency
response planners will be further aided
by the National Response Team's
Hazardous Materials Emergency
Planning Guide. A separate notice of
availability of this document was
published in the Federal Register on
March 17,1987. (52 FR 8360,61) as
required under section 303(f) of Title III.
The planning guide will be
supplemented at a later date with
Technical Guidance to assist local
emergency planning committees in the
technical evaluation of potential
chemical hazards and the prioritization
of sites. This technical document will
provide more detailed guidance on
identifying and assessing the hazards
associated with the accidental release of
hazardous substances on a site-specific
basis. In addtion to the toxicity of the
substance, such an assessment should
address site-specific considerations
such as the conditions of storage or use
of the substance (e.g. whether under
tempera lure-or pressure), the physical
properties of the substance (e.g. physical
state (solid, liquid, gas), volatility,
dispersability, reactivity), the location
(e.g. distance to affected populations),
and the quantity of the substance. The
Technical Guidance will address such
considerations to assist local planners in
hazard indentification and analysis
essential to effective emergency
response planning.
Following is a summary of comments
received by the Agency on the interim
final rule, EPA's responses to major
comments, and a description of
revisions to the rule.
II. Summary of the Public Comments
A total of 81 letters was received on
the interim final rule and proposed rule.
There were several comments on the
emergency planning program
infrastructure and notification
requirements, especially requests for
clarification of notification requirements
and exemptions. In particular,
clarifications were requested on
federally permitted releases, continuous
releases and the relationship of the Title
III reporting requirements to CERCLA
reporting requirements.
Other major comments focused on the
criteria used to identify chemicals for
inclusion in the list of extremely
hazardous substances, the need for
additional criteria to address chronic or
acute non-lethal health effects and
physical and chemical properties.
Many commenters suggested changes
to the extremely hazardous substance
list, primarily deletions of specific
chemicals, and expressed support for
proposed deletions to the list. Other
commenters opposed the deletions on
the basis that the criteria for deletion
were too narrow. Several recommended
deletions of non-reactive, non-powdered
solids.
Other commenters questioned the
methodology used in setting threshold
planning quantities and/or suggested
changes to the threshold planning
quantities for specific chemicals.
Another topic of concern was the
percent mixture policy, with some
commenfers opposing it and others
stating that it was not appropriate in all
cases.
In addition, a major issue was the
inconsistency between reportable
quantities (RQs) and threshold planning
quantities for a number of chemicals,
particularly where the reportable
quantities exceed threshold planning
quantities.
Other comments included lack of
funding for State and local programs,
use of the metric system, protection of
confidential business information, and
the content of an emergency response
plan.
III. Summary of Revisions to the Interim
Final Rule
Several changes from the interim final
rule should be noted. First, while the
interim final rule was placed in Part 300
of Title 40 of the Code of Federal
Regulation, the final rule has been
placed in Part 355. Part 300 is the
National Oil and Hazardous Substances
Pollution Contingency Plan (NCP). In the
interim final rule, the Agency announced
its intention to evaluate the placement
of Title HI rules. After consideration, the
Agency has decided to place all Title III
regulations in Subpart 335 et seq. since
some of Title III is not specifically '
germane to the NCP and the Agency
believes that all Title III rules should
reside in one place in the Code of
Federal Regulations. For clarity, today's
rule republishes the list of extremely
hazardous substances and associated
regulations in its entirety.
This section described the significant
changes that have been made to the
interim final rule, based upon public
comments on that rule and on the
proposed rule. The following summary is
organized according to the sections of
the rule.
Section 355.20 (formerly ง 300.92)
Definitions
The definition of "Commission" was
revised to indicate that the Governor of
a State will be the State emergency
response commission, if no commission
is designated, for all commission
responsibilities in addition to planning,
such as receipt of emergency release
notifications and community right-to-
know information and processing
requests from the public for information
under section 324. This change was
made to better accord with the statutory
language and to clarify, in response to
commenters' concern, the entity to be
nptified after April 17,1987 of a release
under section 304 if no State commission
has been established.
A definition of transportation-related
release has been added in response to
comments requesting clarification of the
term.
Section 355.30 (formerly ง 300.93)
Emergency Planning
In response to commenters who asked
how the TPQ is to be calculated, EPA
has added a definition of the phrase
"amount of any extremely hazardous
substance" to paragraph (a). Thus, to
determine whether the facility has
present an amount of an extremely
hazardous substance which equals or
exceeds the TPQ, the owner or operator
must determine the total amount of an
extremely hazardous substance present
at any one time at a facility, regardless
of location, number of containers or
method of storage. Additionally, the
amount of an extremely hazardous
substance present in mixtures or
solutions in excess of one (1) percent
must be included in the determination.
Section 355.40 (formerly ง 300.94)
Emergency Release Notification
In response to several comments with
respect to the exemption for on-site
releases, EPA has revised the
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applicability of this section to parallel
the statutory exemption. The phrase
"results in exposure to persons solely
within the boundaries of the facility"
was substituted for "results in exposure
to persons outside the boundaries of the
facility". Thus, releases need not result
in actual exposure to persons off-site in
order to be subject to release reporting
requirements.
Several commenters requested that
"continuous" releases be added to the
exemptions listed under applicability to
the extent that such releases are exempt
from reporting under CERCLA. EPA
agrees, based on the language in .section
304(a) which requires that releases
reportable under that Section occur in a
manner which would require
notification under section 103(a) of
CERCLA. EPA has added this exemption
to paragraph (a) along with other similar
exemptions from section 103(a)
notification under CERCLA (e.g.,
pesticide product releases under section
103(e)). However, because "statistically
significant increases" from a continuous
release must be reported as an episodic
release under section 103(a) of CERCLA,
such releases must also be reported
under section 304(a). This has also been
clarified in today's rule.
EPA has also clarified the effective
date for emergency release notifications.
EPA agrees with commenters who
argued that the reporting provisions
should not come into effect on
November 17,1986 as stated in the
interim final rule, but rather when the
entity to which reports must be made is
established. Accordingly, section 304
notifications must be made to the
Commission beginning May 22,1987
since the State emergency response
commission is to be already established
by that date. After April 17,1987, the
Governor becomes the Commission until
a Commission is established and
notifications should be made to him/her.
Beginning August 17,1987, notifications
should also be made to the local
committees. If no local emergency
planning committee is established by
August 17,1987, local notifications must
be made to the appropriate local
emergency response personnel. In many
cases, facilities will already be alerting
relevant local officials, such as fire
departments, to those releases.
As noted by a commenter, notification
is to be made to the "community"
emergency coordinator as stated in the
statute rather than the "local"
emergency coordinator as stated in the
interim final rule.
In response to comments, the
alternative reporting for CERCLA
hazardous substances which are not
extremely hazardous substances is
clarified to note its expiration after April
30,1988 and that the exception concerns
the immediate notice, not the follow-up
report. These changes better accord the
exception with the statutory language.
In addition, EPA responded to requests
from commenters by clarifying the
exception for transportation-related
releases in ง 355.40(b)(4)(ii) (formerly
ง 300.94(b)(4)(ii}) by specifying the
contents of the notice and further
defining "transportation-related release"
in accordance with the legislative
history of this provision.
Appendix A and B (formerly Appendix
D and Appendix E)List of Extremely
Hazardous Substances and Threshold
Planning Quantities
The appendices republish the list set
out in the interim final rule with the
addition of four new chemicals and the
revised final threshold planning
quantities.
The Agency is adding to the list of
extremely hazardous substances four of
the five chemicals proposed for addition
in the proposed rule published on
November 17,1986. The other chemical,
urea,3-(3,4-dichlorophenyl)l-methoxy-l-
methyl-, CAS number 330-55-2, will hot
be added to the list because of new data
that indicates that this chemical does
not meet the acute toxicity criteria. The
Agency has determined that this
chemical does not meet the present
criteria.
In the interim rule, 40 chemicals were
proposed for deletion from the list of
extremely hazardous substances. Based
upon public comment and upon
reconsideration of the statutory criteria
for revisions of the list, EPA has decided
not to delete these substances from the
list in this rulemaking. EPA agrees with
commenters who indicated that under
section 302(a)(4), chemicals should not
be deleted from the list if they can be
shown to have other health effects
resulting from a short-term exposure at
specified levels. The Agency does not
currently have available criteria for
determining such levels.
The Agency has also changed the way
in which threshold planning quantities
are applied to solids based on
commenters' concerns. Under today's
rule, the threshold planning quantity
listed for each solid-form substance
applies only if certain criteria are met.
Otherwise the threshold planning
quantity is 10,000 pounds. Since solids
generally do not present an airborne
release hazard unless they are handled
in certain forms or are highly reactive,
only those forms or levels of reactivity .
which can potentially result in an
airborne release apply to the threshold
planning quantity listed. Therefore, the
listed threshold planning quantity will
apply only to that fraction of the total
quantity of a solid with a particle size
less than 100 microns, that fraction of a
solid in solution, or that fraction of a
solid in molten form at any time. An
adjustment factor of 0.3 to account for
maximum potential volatility is also
applied to solids in molten form. The
total quantity in molten form must be
multiplied by 0.3 and then compared to
the listed threshold planning quantity to
determine if reporting is required for
that chemical. With respect to reactivity,
only solids with a National Fire
Protection Association (NFPA) rating, or
those that meet the criteria for a rating
of 2, 3, or 4 for reactivity, do not default
to a threshold planning quantity of
10,000 pounds. Solids on the list of
extremely hazardous substances in
Appendices A and B have two TPQ
values. The first applies to solids that
meet the form (i.e., <100 microns) or
reactivity criteria described above; the
second TPQ (10,000 pounds) are for
solids that don't meet the form or
reactivity criteria.
In addition, the Agency has made two
changes in threshold planning quantity
categories. The "any amount" category
has been eliminated and a new one-
pound category added for substances
considered to be of the highest potential
hazard. The two-pound category has
also been eliminated with two chemicals
reassigned to the one-pound category
and the others in this category
reassigned to a new ten-pound category.
These changes were made in response
to commenters' concerns over the
inconsistency between TPQ levels and
CERCLA RQ levels.
A number of chemicals have been
moved to different threshold planning
quantity categories in this rule based on
revised categories discussed above or
on new or reevaluated toxicity data.
Those chemicals whose threshold
planning quantities were reassigned are
noted in the list in Appendix A and B;
the reasons for the reassignments are
indicated in footnotes. Approximately 38
chemicals were moved to lower
categories while 12 were assigned higher
TPQ values. More details on these
reassignments can be found in the
technical support documents which are
available in the public docket.
IV. Responses to Major Public
Comments
A document summarizing the
comments and responses to all the
public comments is available in the
public docket to this final rule. The
major issues raised by the commenters
and the Agency's response to them are
described below.
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A. Emergency Planning
1. Emergency Planning Under section
302
A number of comments focused on the
emergency planning requirements of
Title III. One commenter requested that
the rule be amended to allow existing
State and local laws the provide
substantially similar protection to
supercede the specific provisions of the
federal rule.
Section 321 of SARA discusses the
relationship of Title III to other federal,
State, and local laws. This section
generally provides that nothing in Title
HI shall preempt any State or local law,
or affect any State of local law.
However, material safety data sheets, if
required under a law passed after
August 1,1985, must be identical in
content and form to that required under
section 311. Accordingly, while Title HI
does not supercede State or local laws,
EPA has no authority to waive the
requirements imposed under Title III.
These requirements, including the
threshold planning quantities, are
intended to be minimum standards.
However, EPA will work with States
which have developed reporting forms
and planning structures to determine the
moat efficient approaches to coordinate
Title HI requirements with existing State
or local structures, forms and
requirements where appropriate to
avoid duplication of effort.
Several commenters feel that EPA
should require States to notify the
Agency when the State emergency
' response commissions/local emergency
planning committees are established.
EPA should then publish this
information in the Federal Register or
disseminate it in some way so that all
affected parties could have access to it.
One commenter noted that covered
facilities must know to whom to report
in order to comply with the notification
requirements to Title HI.
States are not required to provide
information on the establishment of the
State emergency response commissions
and local emergency planning
committees to EPA. However, the
Agency strongly encourages States to
notify the public, especially potentially
affected facilities, and EPA as soon as
the State emergency response
commissions and local emergency
planning committees are established.
The Agency suggests that the facility
contact the Governor's office if it does
not have information on the commission.
EPA Regional Administrators are
writing to the Governors of each State
and Territory to inform them of Title HI
requirements, to offer information and
technical assistance in the development
of the State and local planning structure
and to request that they notify EPA of
the establishment of the State
emergency response commission.
One commenter believes that EPA
should explain fully its expectations as
to the responsibilities of the State
emergency response commissions and
local emergency planning committees. In
response to this comment, EPA notes
that Title III implementation is primarily
a State and local responsibility. EPA
does not intend to oversee the operation
of individual commissions and
committees. With respect to State
responsibilities under Title III, EPA
recommends that States review the
appropriate sections of Title III when
establishing their State emergency
response commissions and local
emergency planning committees and
laying out the commission and
committee responsibilities regarding
planning and public availability. The
Agency recommends that the State
emergency response commission be as
broad-based as possible, including key
State agencies such as environmental
protection, emergency management,
health, occupational safety and health,
labor and transportation, as well as
other public and private sector
representation as the State deems
appropriate. EPA's Regional Offices are
available to assist States in establishing
and implementing the planning structure
described in Section 301.
One commenter believes that the local
planning committees could impose
significant requirements on small
businesses. The commenter feels EPA
should clarify the information
requirements in the emergency planning
guidance and in the final rule.
With respect to the emergency
planning guidance, the National
Response Team's Hazardous Materials
Emergency Planning Guide (notice of
availability published on March 17,1987,
52 FR 8360) describes the information
requirements established under Title III
and how this information will be useful
in developing a local emergency plan.
The Agency is also clarifying the Title
III emergency planning and notification
requirements based upon public
comment. With respect to the issue of
burden on small businesses, the
Agency's small business analysis does
not show that these emergency planning
requirements will cause a significant
burden to small facilities. Because small
facilities are likely to use or store fewer
extremely hazardous substances and
handle smaller amounts, the level of
planning required will be
commensurately smaller. In addition,
unreasonable burdens on small facilities
can be prevented because owners/
operators of subject facilities will be
represented on local emergency
planning committees.
Facilities subject to section 302 will
designate a facility emergency
coordinator to participate in the
planning process. Participation by the
facility in the planning process provides
an opportunity for the facility to present
concerns regarding the burden of
planning to the committee and to ensure
that committee requests for information
are necessary for planning. In particular,
small businesses may wish to encourage
special small business representation on
the local emergency planning committee
and also make their concerns known
through their emergency coordinators.
One commenter stated that an
extremely hazardous substance that
was not stored on site but produced in a
process such as an incinerator should be
exempt from both threshold planning
quantity calculation and exempt from
release reporting if the release is
covered by a Clean Air Act permit. EPA
agrees that if none of the material is
present on site and less than a TPQ is
present at any one time during the year,
then the extremely hazardous substance
need not be reported to the local
emergency planning committee. Further,
if the release is federally permitted
under section 101(10) of CERCLA, then
the release need not be reported under
.section 304 of SARA.
Another commenter believes that
there should be an exemption for plants
over 5000 meters or some other distance
from a community. EPA disagrees. No
long distance exemption exists under
section 302. For further discussion on
plant distance from a community, see
section F.l.a. below.
B. Emergency Release Notifications
1. Recipients and Providers of Section
304 Notification
Two commenters questioned the
requirements under ง 309.94(b)(l) of the
interim final rule (now ง 355.40(b)(l))
that directs facilities to notify relevant
local and State emergency response
personnel following an emergency
release if there is no State commission
or local committee. One commenter
believed that this sentence should be
deleted as it exceeds EPA's authority.
Along the same lines, one commenter
expressed the concern that State
commissions and local committees must
be notified after a release, but in many
States these commissions and local
committees are not yet established.
States are required to establish their
commissions by April 17,1987 and those
commissions must establish local
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Federal Register / Vol. 52. No. 77 / Wednesday. April 22, 1987 / Rules and Regulations
committees not later than 30 days after
the designation of emergency planning
districts or by August 17,1987,
whichever is earlier.
In order to alleviate confusion over
whom to notify prior to the dates upon
which the commission and committee
are to be established, EPA has revised
the effective date of the notification
requirements. As previously discussed,
under today's rule the release
notification requirements to the State
commission become effective on May
22,1987 and to local committees
beginning August 17,1987. If a
committee is in existence prior to that
date, notification should be made to it
as of the date of its establishment.
Section 301 of SARA provides that if
the State commission is not set up by
April 17,1987, the Governor must
operate as the State commission, and
thus notification must be made under
today's rule even if no commission is
established. Where no commission is
established, the notifications would be
made to the State Governor. Local
committees are required to be
established not later than 30 days after
the designation of emergency planning
districts or by August 17,1987,
whichever is earlier. If local committees
are not set up by August 17,
notifications must still be made, but
should be provided to local emergency
personnel such as local emergency
management offices or fire departments.
As indicated by the legislative history of
this provision, Congress intended that
emergency release notification
requirements become effective as of the
dates when the commissions and
committees are to be established. EPA,
however, has delayed the effective date
of release notification to the State since
the list of extremely hazardous
substances and reporting requirements
have been under revision. Local and
State governments may make any
arrangements necessary for the receipt
of the release information when
commissions and committees are not yet
established. Further discussion of
effective dates can be found under
section VI of this preamble.
One commenter believes that for
transportation-related releases, the
emergency release notification
requirements should apply to the
operator, rather than the owner of the
facility. No changes were made to the
rule in this regard because section 304
allows either the owner or operator to
give notice after a release. Owners and
operators may make private
arrangements concerning which party is
to provide release notification; however,
under section 304 both owner and
operator are responsible if no
notification is provided.
The same commenter requested the
Agency to define the term
"transportation-related release." The
Agency has defined this term for
purposes of the release notification
requirements in the revised final
regulation.
2. Scope of Section 304 Reporting
One commenter recommended that
EPA adopt under SARA the same policy
formulated under section 102 of
CERCLA to determine whether an RQ
has been reached. The method used by
CERCLA does not require aggregation of
either releases from separate facilities
or releases of different hazardous
substances at the same facility. EPA
agrees that this policy should be equally
applicable to releases under section 304
due to similarity to section 103 of
CERCLA.
One commenter believes that the
section 304 emergency release
notification requirements should apply
to all releases that meet the notification
thresholds and that have the potential
for affecting anyone outside the facility
boundaries. As discussed in section III
above, EPA agrees that its codification
of the statutory exemption for on-site
releases, by requiring the release to
result in exposure to persons off-site,
could be interpreted to be broader than
the actual statutory language. In today's
rule, EPA has revised the regulations to
better accord with the statutory
language.
One commenter stated that releases
into water or soil should also be covered
under the SARA section 304
requirements rather than just air
releases which the commenter believed
was indicated hi the November 17,1988
regulations. However, the interim final
rule did not indicate that the release
notification requirements were only
applicable to air releases. Although the
original CEPP program was concerned
primarily with the dangers of air
releases (and the TPQs developed under
section 304), section 304 of Title III, like
section 103 of CERLCA, covers releases
into all media.
3. Types of Releases That Are Exempt
From Section 304 Reporting
L Main Categories of Exemption.
Several commenters asked for
clarification of the various exemptions
from section 304 reporting requirements.
The statute provides several exemptions
from notification. These are: (a)
"Federally permitted releases" as
determined under the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980 section 101(10);
(b) releases which only result in
exposure to persons within the facility
boundaries; (c) releases from a facility
which produces, uses, or stores no
hazardous chemicals; [d) "continuous
releases" as defined under CERCLA
section 103 (f); and (e) releases of a
FIFRA-registered pesticide, as defined
under CERCLA section 103(e).
It should be noted, however, that
some releases occurring at a facility
which are not reportable under section
304 may still constitute reportable
releases under CERCLA section 103 and
must, if so, be reported to the National
Response Center. Release reporting
under section 304 is in addition to
release notifiction under CERCLA
section 103. Thus, notice to the National
Response Center may be required even
if no local of State reporting is required.
CERCLA section 103, for instance, does
not contain an on-site release
exemption.
iL Federally Permitted Releases,
Seven commenters stated that "federally
permitted releases" should be exempted
from SARA section 304 release
reporting. EPA agrees, but had already
included this exemption in ง 300.94 (now
ง 355.40), the emergency release
notification section of the regulation.
The exemption for "federally permitted
releases" is identical to that under
section 103 of CERCLA. Section 101(10)
of CERCLA defines "federally permitted
releases" for purposes of section 103 of
CERCLA and release notification under
Title III and includes 11 types of specific
releases permitted under certain State
and federal programs. As EPA issues
clarifications of "federally permitted
release" under section 103 of CERCLA,
these clarifications will apply equally to
releases notifications under section 304
of SARA. The issuance of rules
clarifying the definition of "federally
permitted release." will be the subject of
a later rulemaking.
One commenter asked whether the
"federally permitted release" exemption
applies fully to State permitted releases.
State permitted releases are exempted
only to the extent that the releases are
considered "federally permitted" under
section 101(10) of CERCLA.
Hi. Continuous Releases. Seven
commenters requested that a
clarification be made of the regulation
establishing an exemption from
reporting under section 304 for any
"continuous release" of an extremely
hazardous substance or CERCLA
hazardous substance. Several
commenters cited the Conference report
on the Superfund Amendments and
Reauthorization Act which states
"releases which are continuous or
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13384 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations
frequently recurring and do not require
reporting under CERCLA are not
required to be reported" under section
304. (H.R. Rep. No. 963,99th Cong. 2d
Sess, at 285 (1986))
Section 103(0 of CERCLA provides
relief from the reporting requirements of
section 103(a) for a release of a
hazardous substance that is continuous
and stable in quantity and and rate.
(Instead, continuous releases are subject
to annual reporting under section 103(f)].
As discussed in section HI above, EPA
agrees that this exemption from
Immediate release notification should
apply to SARA section 304 to the same
extent that such releases are not subject
to reporting under CERCLA section
103(a) and clarifies the regulation today
to that effect. Thus, "continuous
releases" which require annual reporting
under section 103(f) of CERCLA rather
than immediate reporting under section
103(a) are not subject to reporting under
section 304 of SARA. Unlike CERCLA
section 103, however, there is no
provision for alternative annual
reporting under section 304. (Some
continuous releases will be subject to
annual reporting under section 313 of
SARA.) In addition, because
"statistically significant increases" from
a "continuous release" must be reported
as an episodic release under CERCLA
section 103(a), such releases must also
be reported under SARA section 304.
Any clarifications or regulations
interprelating "continuous" or
"statistically significant increases"
releases under CERCLA section 103(f)
will also apply to SARA section 304.
One cornmenter noted that some
power plants without federal permits
may daily exceed RQ levels for some
extremely hazardous substances such as
SO* or SOa. The commenter desired a
clarification of the intent of EPA on this
matter. Since such substances are non-
CERCLA hazardous substances,
reporting is not necessary as pursuant to
CERCLA. In addition, such releases
need not be reported if they qualify as
"continuous" or "federally permitted
releases" under CERCLA as discussed
above. "Statistically significant
increases" would be subject to section
304 reporting.
One commenter stated that a variance
procedure is needed in the section 304
requirement to exclude or otherwise
exempt upset conditions and baseline
conditions under normal operations.
EPA disagrees because upset releases
are episodic and precisely the type of
release intended to be reported under
Title 111. "Baseline conditions" are
exempt only if "continuous" or
"federally permitted." The fact that a
release can be predicted from an upset
situation or periodically from normal
operations would exempt virtually all
releases from all facilities from ever
reporting, since most releases occur
from either normal operations or upset
conditions.
iv. Exclusion of Certain Types of
Waste and Facilities Under Section 304.
One commenter asked for an
interpretation of "release" that would
not include any disposal of hazardous
waste or solid waste, if disposal is
performed according to the permitting
and other relevant requirements of the
Resource Conservation and Recovery
Act (RCRA) or the Toxic Substances
Control Act (TSCA), or other applicable
federal or State law.
Disposal of hazardous substances at a
disposal facility in accordance with EPA
regulations is not subject to CERCLA
notification.
Regardless of the outcome of that
decision, it is important to note that
spills and accidents occurring during
disposal and outside of the approved
operation, that result in reportable
releases of extremely hazardous
substances or CERCLA hazardous
substances, must be reported to the
State emergency response commission
and local emergency planning
committee as well as to the National
Response Center. In addition, PCB
releases of an RQ or more from a TSCA-
approved facility (as opposed to
disposal into such a facility), must be
reported under section 304 (and to the
National Response Center).
The RCRA disposal issue is similar to
PCB disposal under TSCA. In a final rule
issued in April 1985, EPA determined
that where the disposal of wastes into
permitted or interim status facilities is
properly documented through the RCRA
manifest system and RCRA regulations
are followed, notification under
CERCLA does not provide a significant
additional benefit as long as the facility
is in substantial compliance with all
applicable regulations and permit
conditions. However, spills and
accidents occurring during disposal that
result in releases of reportable
quantities of hazardous substances must
be reported to the National Response
Center under CERCLA ง 103. 50 FR
13461 (April 4,1985). EPA believes that
the same rationale applies to section
304. Thus, no notification of proper
disposal into such RCRA facilities is
required under today's rule.
Another commenter wanted to know
if mining and mineral extraction wastes
were exempt under section 304. There is
no such exclusion under section 304 and
the release notification requirements
apply if the wastes are CERCLA
hazardous substances or extremely
hazardous substances.
v. Releases from Facilities Not
Handling "Hazardous Chemicals".
Several commenters requested that
since certain chemicals at research
laboratories are exempt from the
definition of "hazardous chemicals" and
thus exempt from release notification
requirements under section 304, that this
exclusion be extended to section 302
planning requirements.
SARA defines "hazardous chemical"
under section 311. Under section 311(e)
"any substance to the extent it is used in
a research laboratory or a hospital or
other medical facility under the direct
supervision of a technically qualified
individual" is excluded from the
definition of "hazardous chemical."
Section 304 of SARA also states that
releases of extremely hazardous
substances and CERCLA substances are
reportable under section 304 only when
from a facility where hazardous
chemicals are produced, used, or stored.
However, because the planning
requirements are not tied in any way to
"hazardous chemicals," the "hazardous
chemical" exclusion of section 304 does
not extend to section 302.
In addition, for emergency notification
purposes under section 304, if a release
of an extremely hazardous substance or
CERCLA substance exceeds the
reportable quantity and occurs on a
facility that produces, uses, or stores a
"hazardous chemical," the facility
owner or operator must notify the
required parties. Accordingly, the
research laboratory is exempt from
section 304 emergency notification only
if no hazardous chemicals are present at
the facility, other than those used at the
laboratory under the direct supervision
of a technically qualified individual.
vi. Other Exemptions from Section 304
Reporting. Section 304(a) applies to
releases which require notification
under section 103(a) of CERCLA or, for
substances which are not "hazardous
substances" under CERCLA, releases
which "occur in a manner which would
require notification under section
103(a)" of CERCLA. As indicated above,
"continuous" releases as defined under
section 103(f) do not require immediate
release reporting under section 103(a)
except for "statistically significant
increases." Because such releases do not
"occur in a manner" which requires
immediate release reporting under
section 103(a) of CERCLA, they are also
not reportable under section 304 of
SARA.
In addition, there are other types of
releases which are not reportable under
section 103(a) of CERCLA. For instance,
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Federal Register / Vol. 52. No. 77 / Wednesday, April 22, 1987 / Rules and Regulations 13385
EPA has been asked whether the
application of pesticide products by an
agricultural producer constitutes a
reportable release under section 304.
The application of a registered pesticide
generally in accordance with its purpose
is exempt from section 103(a)
notification under section 103(e) of
CERCLA. Because such releases are not
reportable under section 103{a) of
CERCLA, they are also exempt from
release reporting under section 304(a) of
SARA, and EPA has clarified the release
reporting regulations to include this
exemption. Similarly, section 101(22) of
CERCLA excludes several types of
releases from the definition of "release"
and thus from release reporting under
CERCLA section 103(a). These releases,
which include emissions from engine
exhaust, certain nuclear material
releases, and the normal application of
fertilizer, are also excluded from release
notification under section 304 of SARA.
With respect to other exemptions, one
commenter requested that section 304 be
clarified to indicate whether the
CERCLA "petroleum exclusion" applies
to release reporting under Title III. The
commenter felt that since "petroleum,
including crude oil or any fraction
thereof is exempt from reporting under
section 103 of CERCLA, it should also be
exempt from reporting under section 304
of SARA.
However, "petroleum" is exempted
generally from CERCLA responsibilities
since it is excluded from the definition
of a "hazardous substance" under
section 101(14) and "pollutant or
contaminant" under section 101(33) of
CERCLA. Because no such exclusion
exists under Title III, if extremely
hazardous substances are present in
petroleum, those substances are subject
to applicable emergency planning and
release notification requirements under
Title III.
One commenter felt that particulates
and other substances emitted from
power plants should be exempt from
ง 300.94 (now ง 355.40) emergency
release notification requirements.
Such a release is exempt from ง 355.40
if it is "federally permitted" as defined
under Section 101(10) of CERCLA,
"continuous" as defined under section
103(f) of CERCLA, or confined within
the site. As mentioned before, the
Agency is currently developing
regulations defining "federally
permitted" and "continuous releases."
Such rules and interpretations will also
apply to release notification under Title
III.
vii. Mixtures. With regard to facilities
which produce, use, or store mixtures,
one commenter stated that this kind of
facility should be exempt from section
302 notification requirements if the
extremely hazardous substance
component information is not available
on the MSDS provided by the
manufacturer. EPA disagrees. If the
facility which produces, uses, or stores
mixtures knows or reasonably should
know the components of the mixture,
the facility owner or operator must
notify under section 302 if the extremely
hazardous substance component is more
than one percent and more than the
TPQ. The facility owner or operator is
not under an obligation, however, to
inquire of the manufacturer the
components of the mixture. Section IV.
F.3 below discusses the one percent de
minimis limit of extremely hazardous
substances in mixtures for purposes of
determining quantities applicable to the
threshold planning quantities.
The same commenter believes that the
de minimis concept should also be
applied in the determination of
emergency release notification. EPA
disagrees, since the de minimis quantity
was set in place for threshold quantities
simply to make the calculation of the
total amount of extremely hazardous
substances on a facility more
straightforward for planning purposes.
The more dilute an extremely hazardous
substance is, the more difficult it is to
identify the substance in a mixture and
the less likely to be released in a large
quantity. For release reporting, however,
the "de minimis" is the RQ because the
extremely hazardous substance is
already in the environment potentially
doing harm. But whether or not the RQ
is exceeded depends on the amount of
the substance in the mixture, if known.
This is the CERCLA "mixture" rule. See
April 4,1985 RQ rule (50 FR 13463).
4. Section 304 Transportation Issues
One commenter asked how an
important carrier will know if he/she is
carrying an extremely hazardous
substance. First, EPA notes that the
definition of facility in Title III does not
cover transportation facilities with
respect to facility planning notification
and participation under section 302.
However, local communities should take
into account the local routes on which "
extremely hazardous substances will be
transported in developing their
emergency response plans.
Second, the definition of facility does
cover some .transportation facilities for
purposes of release notification under
section 304. However, because section
329 defines "facility" to include only
"motor vehicles, rolling stock, and
aircraft," vessels are not subject to
section 304. Third, with respect to the
degree of knowledge required, section
304 does not specify the degree of
knowledge required for release
reporting, or even that any knowledge is
required. However, because of the close
relationship between section 304 of
SARA and section 103 of CERCLA, EPA
interprets section 304 to require the
same degree of knowledge as required
under CERCLA section 103. Neither
section 103 of CERCLA or section 304 of
SARA impose separate monitoring or
testing requirements on facility owners
and operators.
One commenter asked if the release
regulations apply differently to foreign
flag carriers as opposed to domestic
carriers. As noted above, ships are not
covered under section 304.
One commenter requested
clarification of the responsibility of
transportation operators in the event of
a spill or release of extremely hazardous
substances or CERCLA substances.
Although owners/operators of
transportation facilities are not required
to notify State and local authorities with
regard to section 302 contingency
planning, they are required to report
releases under section 304.
With regard to stationary facilities,
Section 304 requires owners and
operators to report releases to the local
emergency planning committee and to
the State emergency response
commission. Owners and operators of.
transportation facilities under section
304 are allowed to call the 911
emergency number in lieu of calling the
State commission and local committee,
or in the absence of a 911 number, the
operator. The rationale for this separate
reporting is that transportation
operators on the road may very well n6t
know the telephone numbers of the
relevant State and local entities. If the
transportation operator is in a
community which has a generic
emergency number rather than 911, the
generic number should be used instead
of 911. Note that if the release is of a
CERCLA hazardous substance, a call to
the National Response Center is also
required. Local committees should
consider training all personnel
responsible for receiving telephone
notice of such a release, so that proper
notification procedures will be
maintained.
One commenter asked if section 304
release notification requirements apply
to pipelines, barges, and other vessels as
well as to other transportation facilities.
Section 327 of SARA states that Title III
does not apply to the transportation of
any substance or chemical, including
transportation by pipeline, except as
provided in section- 304. Section 304
requires notification from facilities of
releases of extremely hazardous
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J3386 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations
substances and CERCLA hazardous
substances. The word "facility" is
defined in section 329 to mean
stationary items, which would include
pipelines. The definition also includes,
for purposes of section 304, motor
vehicles, rolling stock, and aircraft.
Because barges and other vessels are
not included in the definition of
"facility," they are not subject to section
304 reporting requirements.
Another commenter asked when and
where an air carrier should report a
release. For instance, should he/she
report the release to the State where the
release occurred or wait until the airport
of destination to report? EPA believes
that since aircraft should always have
radio communication capabilities, the
report should be given to the State(s)
likely to be affected by the release as
soon as possible after release. Reporting
the release on arrival at the destination
will not necessarily enable the provision
of timely emergency response to the
affected areas.
5. The Mechanics of Section 304
Reporting
One commenter stated that section
304 notification should go to the local
emergency planning committee only,
rather than to the local emergency
planning committee and the State '
emergency response commission.
Section 304 requires notification to both
entities.
One commenter stated that section
304 release notification requirements
should apply to reporting to the National
Response Center under CERCLA section
103 as well as to State and local
authorities. Although many releases
subject to section 304 reporting
requirements are also subject to
reporting requirements under CERCLA
section 103, no reporting to the National
Response Center is currently required
for the 256 extremely hazardous
substances which are not "hazardous
substances" under CERCLA. EPA
intends to designate these 256 extremely
hazardous substances as "hazardous
substances" under CERCLA section 102.
At that time, releases of such substances
will also become reportable to the
National Response Center under
CERCLA section 103.
One commenter believes that the
telephone notification to the National
Response Center under CERCLA section
103 should suffice for the new
requirements under SARA section 304.
The commenter feels that the
requirement to call the State and local
authorities is too much of a burden
when added to the existing CERCLA-
rcquircd call to the National Response
Center. EPA disagrees. The basic
purpose behind the emergency planning
and notification requirements of Title III
is to protect the public in the event of
dangerous chemical releases through the
establishment of local and State
emergency response capability. Because
State and local participation for
effective and timely emergency response
is central to Title III, these entities must
be alerted to potentially dangerous
chemical releases. Thus, telephone
notification to the federal government
alone, through the National Response
Center, does not meet the intent of the
statute.
Three commenters requested a
simplification in words or chart of the
various requirements for release
notification under section 103 of
CERCLA and section 304 of SARA.
CERCLA section 103 concerns reporting
requirements for releases of "hazardous
substances" as defined under section
101(14) of CERCLA. Under section 103 of
CERCLA, a release of a hazardous
substance in an amount equal to or in
excess of its RQ which is not otherwise
exempted under CERCLA, must be
reported to the National Response
Center. SARA section 304 provides a
similar reporting requirement for
releases of hazardous substances as
defined under section 304 as well as
releases which require notification
under CERCLA section 103. However,
reporting under section 304 must be
given by the owner or operator of a
facility to the community emergency
coordinator for the local emergency
planning committee and to the State
emergency planning commission rather
than the National Response Center
under CERCLA section 103.
With respect to transportation of a
substance subject to the requirements of
section 304 or storage incident to such
transportation, owners and operators
may call the 911 emergency number in
lieu of calling the State commission and
local committee, or in the absence of a
911 number, may call the operator. The
rationale for this separate reporting is
that transportation operators on the
road may very well not know the
telephone numbers of the relevant State
and local entities. If the transportation
operator is in a community which has a
generic emergency number rather than
911, the generic number should be used
instead of 911. Note that if the release is
of a CERCLA hazardous substance, a
call to the National Response Center is
also required.
Further, EPA intends to designate
under section 102 of CERCLA all
extremely hazardous substances which
are not already defined as "hazardous
substances" under section 101(14) of
CERCLA. The designation will include
all 256 extremely hazardous substances
that are not presently "hazardous
substances" under CERCLA. At that
time, any substance requiring local and
State release reporting under section 304
of SARA will also require reporting to
the National Response Center under
section 103. In addition, the extremely
hazardous substances will continue to
trigger contingency planning
requirements in addition to release
reporting.
With regard to the contents of the
required notification under SARA
section 304 and CERCLA section 103,
the required contents of section 304
emergency notification is set out in
ง 355.40 (formerly ง 300.94). Although
section 103(a) of CERCLA does not
specify the contents of release
notification, the information necessary
.under section 103(a) for potential federal
response, e.g., type of substance and
nature, location, and effects of the
release, should not differ for any
practical purpose from the content of the
notice specified under section 304.
Section 304 also requires follow-up
written emergency notice to the State
emergency response commission and
the local emergency planning committee.
The content of this notice is set out in
ง 355.40 (formerly ง 300.94).
6. The Contents of Section 304 Notices
Two commenters believe that the
CERCLA and Title III telephone
notification should include the same
basic information, such as whether the
incident is still ongoing, abatement
actions by whatever entities, cause and
injuries in the incident if known, amount
spilled, etc. The required contents of the
emergency notification was set out in
the interim final rule, and is republished
in today's rule. The Agency does not
believe that the notification specified in
Section 304 and today's rule should vary
from the CERCLA notification in any
significant way.
One commenter believes that the final
rule should include guidance on how to
report information on "known or
anticipated . . . health risks" under
SARA section 304(b)(2)(F) (immediate
report) and 304(c)(2) (follow-up report).
At the same time, the commenter stated
that since general health information is
already given on a "material safety data
sheet" (MSDS) for the chemical, then an
indication that "severe adverse health
effects may be expected" should suffice.
EPA disagrees. The health information
contained in an MSDS is general and
will not be specific enough to be of use
to health professionals, especially if the
chemical name is confidential on the
MSDS.
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Federal Register / Vol. 52. No. 77 / Wednesday, April 22. 1987 / Rules and Regulations 13387
One commenter stated that the
requirement regarding the inclusion of
any known or anticipated health effects
associated with the release is a mistake
since anticipating health effects is
speculative at best and the release
report should stick to fact, not
speculation.
EPA disagrees. The inclusion of this
requirement in the interim final rule, and
today's rule, is based on the contents of
the notice specified in section 304fblf2]
of SARA.
Several commenters wrote to the
Agency regarding the written follow-up
emergency notice.
One commenter stated that the
written report should include where the
incident took place and the cause of the
accident, to be consistent with CERCLA
and RCRA. EPA believes that the
location of the release is always
essential for emergency response
purposes and should be identified in any
release notification under section 304.
One commenter believes that the
written notification requirements should
also include results of a facility's
inspection. The inspection specifies the
preventive measures to be applied to
prevent future releases. EPA agrees that
this may be an effective preventive tool
but has not made this information a
requirement for release reporting. State
and local governments may wish to
require such information. In addition, a
release prevention program under
CERCLA will require a releaser who has
more than a specified number of
releases of a certain hazardous
substance, or releases in certain
quantities above the RQ, to report in
writing to EPA and to the State the
specific steps that are being taken to
prevent reoccurrence of the release.
The same commenter felt that written
follow-up information should go not only
to the local planning committee but also
to the State commission and to the State
environmental agency. Section 304(c) of
SARA mandates that follow-up
notification go to the same entities that
received the initial oral notification, i.e.,
the State commission and the local
committee. State environmental
agencies may request the information. In
addition, in most cases, environmental
agencies will be represented on the
commission and therefore the
information will be available to them.
C. Criteria Used to Identify Extremely
Hazardous Substances
I. Toxicity Criteria
a. Narrowness of Criteria. Several
commenters suggested the need to
broaden the selection criteria to include
other health effects that may result from
short-term exposures. The commenters
contend that Congress intended the
Agency to take these other toxic effects
into account in developing a
comprehensive approach to emergency
planning.
The Agency agrees with the
commenters that the intent of Congress
is to include substances that cause both
short-term and long-term health effects
following short-term exposure. Under
the Chemical Emergency Preparedness
Program, it was the Agency's intent to
take into account all toxic effects to
humans that may be associated with
short-term exposure to chemicals.
However, a review of available data
indicated limited information on other
effects resulting from short-term
exposures to airborne substances. In
addition, generally accepted methods of
extrapolating data on health effects
resulting from multiple or long-term
exposure to indicate effects that may
result from short-term exposure are not
available. Comments were requested in
the proposed rule on how chronic and
other health effects from short-term
exposures could be incorporated into
criteria for the list. The commenters had
no specific suggestions for such criteria.
In the future, the Agency intends to
consider the development of additional
toxicity criteria for acute non-lethal and
chronic effects due to short-term
exposure. In the meantime, EPA agrees
that substances cannot be deleted from
the extremely hazardous substances list
until the Agency can evaluate non-acute
toxic effects from short-term exposure to
these substances.
b. Oral and Dermal Toxicity Data.
Comments were received concerning the
Agency's inclusion of oral and dermal
lethality values in addition to inhalation
toxicity data to identify air toxicants as
opposed to relying only on inhalation
toxicity data. Some commenters
expressed support for the Agency's
position, while others suggested that the
use of such data is inappropriate or
should be modified. The Agency is using
acute lethality data from the oral,
dermal, and inhalation routes in order to
identify chemicals with-high inherent
toxicity. Consideration of inhalation
data only would lead to the omission of
many chemicals for which there may be
. no inhalation studies; if these chemicals
are highly toxic by oral or dermal
administration, the Agency believes
they may be potentially hazardous via
the inhalation route and should be so
identified. Other organizations such as
the European Economic Community and
the World Bank agree that these data
should be used in identifying acutely
toxic chemicals. Based on these reasons,
the Agency is retaining the use of oral
and dermal lethality values.
c. Use ofLCLq gndLDu> Data. In the
absence of median lethal concentration
or doses (LCso or LDso) data, lowest
lethal concentration or dose (LCLO or
L.DLO) data were used to identify
extremely hazardous substances.
Several commenters questioned the use
of such data. Other commenters
suggested that when such data are used,
they should be evaluated more
stringently than LD5o or LCso data and
lower criteria values should be
specified. Even with the amount of
animal acute lethality data that is
available, there are chemicals for which
there are no standard acute lethality test
data. L.CLQ and LDu> values may be more
variable than those provided from
median lethality tests, but for the
purposes of screening large numbers of
chemicals, it is deemed necessary to
provide a second level screening tool in
preference to missing potentially toxic
chemicals because chemicals are not
adequately tested. Because there is no
quantitative basis for comparison of
LCLO and LDLO values with LCso or LD50
values, it is not possible to develop
additional criteria levels for these
values. At present, for the purposes of
identifying highly toxic chemicals, the
Agency will continue to treat LCW and
LDu) data in the same manner as the
LCso and LDso data in the absence of the
latter. Currently, approximately ten
percent of the total number of chemicals
on the list have been identified based on
LCLO or LDLO data.
d. Exposure Time. Several
commenters questioned the use of
inhalation toxicity data based on any
'reported exposure times of up to eight
hours or with no reported exposure time.
Acute inhalation toxicity test results
depend upon the concentration of the
chemical in air and the duration of the
exposure periods. Because of this, LCSO
and LCixj values for a chemical may
vary depending upon how long the
animals were exposed to the substance.
The Agency chose to make maximum
use of available acute toxicity data to
screen for acutely toxic chemicals and,
therefore, chose to use LCso and LCto
values with exposure periods up to eight
hours or with no reported exposure
period. The Agency believes that this
conservative approach, which might
identify more chemicals than would be
found using a specified period such as
four hours as a cut-off time, is in
accordance with the intent of Congress
to protect public health and safety. In
the absence of other data, and
considering the general relationship of
LCso and LCto values, it is believed that
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13388 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations
such substances represent potential
hazards as acutely toxic chemicals.
Additionally, there is no available
scientifically accepted method to adjust
data from varying exposure times to
obtain a normalized value. The Agency
is therefore not making such an
adjustment.
e. Use of Animal Data. Several
commenters were concerned with the
use of animal data to identify extremely
hazardous substances potentially
harmful to humans. They believed that
human data should be used in
preference to animal data when
available and that animal data should
be further evaluated to determine its
applicability to humans. The Agency has
chosen to use data from the most
sensitive mammalian species because
present state-of-the-science does not
allow prediction of the species that is
the appropriate surrogate for humans for
a given chemical. The human population
is very heterogeneous and, in fact,
comprises many subpopulations with
varying degrees of sensitivity to the
toxicity of a chemical. One of the main
principles supporting all animal toxicity
testing is that the biological activity of
chemicals as reflected in toxic effects in
animals can also lead to toxic effects in
humans. Ideally, all toxicity tests should
be conducted with an animal species/
strain which most accurately reflects the
toxic response in humans. There are no
data available, however, to indicate
which species most accurately reflects
the human response for every chemical.
To obtain such data, extensive
laboratory work on a variety of species
would need to be conducted. Further,
only data on toxicity to humans could
verify which is the appropriate species
for a given chemical. The Agency wil
retain the use of data from the most
sensitive species tested to screen
chemicals. If data on humans are
available for specific chemicals, they
will be evaluated on a case-by-case
basis.
2. Physical/Chemical Properties
Several commenters suggested using
vapor pressure and ability to disperse as
criteria to limit the number of high-
boiling point liquids and solids on the
list. Consequently, the chemicals
remaining on the list would be those
with higher dispersion potential. One
commenter suggested the publishing of
more than one fist of extremely
hazardous substances based on
different release and dispersion
scenarios. Several commenters
suggested the evaluation of other
physical and chemical properties of
substances, such as flammability,
reactivity, and combustibility, as criteria
for listing chemicals.
The list of extremely hazardous
substances, mandated by Congress, is
presently based on inherent acute
toxicity. Physical and chemical
properties of substances on the list are
considered in establishing the threshold
planning quantities (see below), but
these factors are not used as criteria for
listing because each chemical could be
handled at non-ambient conditions.
Because of very variable conditions, the
Agency believes it is appropriate to deal
with factors such as ability to disperse
and physical/chemical properties on a
site-specific basis. Local emergency
planning committees will consider these
factors at the community level when
assessing potential exposure of
vulnerable populations. EPA urges'
communities to take all these factors
into account to identify other hazardous
substances with which they may be
concerned and to prioritize all such
substances in the community for
emergency planning.
The Agency does intend to evaluate
hazards other than toxicity as identified
in section 302(a)(4) and to develop
appropriate criteria based on these
physical/chemical properties, e.g.,
flammability, for revising the list of
extremely hazardous substances in the
future. However, EPA has not
considered these additional properties
in the context of this rulemaking.
3. UseofRTECS
Several commenters were concerned
with the Agency's use of the National
Institute of Safety and Health's (NIOSH)
Registry of Toxic Effects of Chemical
Substances (RTECS) Database. The
overall comments were that RTECS is
neither intended for, nor is it capable of,
being used as a primary source of health
data and that the database is not peer- .
reviewed. The present screening criteria
can be applied to any experimental
toxicity data on chemical substances.
The RTECS data base was used as the
principal source of toxicity data for
identifying acutely toxic chemicals
because it represents the most
comprehensive respository of acute
toxicity information available with basic
toxicity information and other data on
approximately 87,000 chemicals. It is
widely accepted and used as a toxicity
data source by industry and regulatory
agencies alike. Although RTECS itself is
not formally peer-reviewed, the data
presented are from scientific literature
which has been edited and in most.
cases peer reviewed by the scientific
community before publication. The
Agency recognizes some limitations
associated with using this data base, but
for the purpose of screening acute
toxicity data, RTECS represents the
single best source of information since it
is the most comprehensive data source
available.
D. List of Extremely Hazardous
Substances
1. Changes to the List in this Rule
a. Deletions. In the companion
proposal to the interim final rule
published on November 17,1986, the
Agency proposed the deletion of 40
chemicals which do not now meet the
acute lethality listing criteria. They no
longer meet the existing criteria because
new data have recently become
available, existing data have been
reevaluated, or errors occurred in the
RTECS data base. Several commenters
supported some or all of the proposed
changes; however, other commenters
challenged the deletion of these
chemicals before the Agency has
determined that they pose no other
health hazards as a result of a short-
term exposure.
The Agency has decided not to delete
any of the 40 chemicals proposed for
deletion at this time. When the list of
extremely hazardous substances was
developed in 1985 (as the list of acutely
toxic chemicals for the voluntary
Chemical Emergency Preparedness
Program) it was intended as an example
list. When the list became part of Title
III of SARA, the Administrator of EPA
was given the authority to revise the list,
but only after various criteria were
considered. These criteria include the
toxicity, reactivity, volatility,
dispersibility, combustibility or
flammability of a substance. The Section
302 definition of the term "toxicity"
includes any short- or long-term health
effect which may result from short-term
exposure. Based on this statutory
provision, the Agency believes that
substances cannot be deleted from the
list until EPA has taken into account the
other (i.e., long-term) health effects
resulting from a short-term exposure to
the substances at specified levels. The
criteria for determining such levels are
not available. In the future, the Agency
intends to address the development of
additional toxicity criteria for acute non-
lethal and chronic effects due to short-
term exposure. Until these criteria are
available and the forty chemicals in
question can be reassessed, these
chemicals have been assigned the TPQ
level of lowest concern, namely 10,000
pounds.
b. Additions. In the interim final rule,
the Agency proposed the addition of five
chemicals to the list and requested
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Federal Register / Vol, 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations 13368
public comments on the proposed
additions. One comment was received
concerning urea, 3-(3,4-dichlorophenyl)-
1-methoxy-l-methyl-. The commenter
believed that the toxicity of this
chemical did not meet the criteria and
submitted unpublished toxicity data to
support its claim. The Agency has
reviewed the submitted data and finds
that the chemical does not meet the
present criteria. Therefore, the chemical
will not be added to the list. The
remaining four of these five chemicals
are added to the list in this rule.
c. Additional Suggested Changes. A
number of commenters recommended
the deletion of specific chemicals from
the list in addition to those in the interim
final rule. As discussed above, the
Agency has decided not to delete any
chemical until other health effects
resulting from short-term exposure have
been assessed. Further, such deletions
will be accomplished through
rulemaking. One commenter suggested
additions to the list. The Agency will
take this request under consideration
and any additions will be proposed in
later rulemaking.
d. Radioactive Materials, Food,
Drugs, and Cosmetics. The Agency
requested comments on whether
radioactive materials and chemicals
used as food additives, drugs, and
cosmetics should be added to the list.
Such chemicals were not considered for
the list if they were not listed in the 1977
Toxic Substances Control Act Inventory.
Commenters expressed conflicting
opinions as to whether radioactive
materials and the chemicals used in
foods, drugs, and cosmetics should be
listed. After review of the comments, the
Agency has decided to maintain its
original policy with respect to these
chemicals and thus will not consider
these substances for addition to the list
at this time.
E. Determination of Levels of Concern
1. Use of IDLH Values
Two commenters supported the use of
the Immediately Dangerous Life and
Health Level (IDLH) as developed by
NIOSH as the level of concern. A third
commenter supported the use of IDLH
only as an interim measure. Two
commenters suggested that if the IDLH
is used, then appropriate uncertainty
factors should be employed. Another
commenter suggested that the Agency
continue to identify more appropriate
alternatives.
The Agency recognizes that the IDLH
has some limitations as a measure for
protecting general populations. First, as
commenters pointed out, the IDLH is
based upon the response of a healthy,
male worker-population and does not
take into account exposure of more
sensitive individuals such as the elderly,
pregnant women, children, or people
with various health problems. Second,
the IDLH is based upon a maximum 30
minute exposure period which may not
be realistic for accidental airborne
releases. Based on these considerations,
the Agency has identified the
development of more appropriate
chemical emergency exposure levels for
the general public as a priority.
However, at present, the IDLH value, or
an estimation of level of concern based
on acute toxicity data for substances
that do not have a published IDLH,
appears to be a suitable measure of
relative toxicity for use in the
methodology for establishing threshold
planning quantities (see discussion
under F).
2. Use of Acute Lethality Data
Two commenters addressed the use of
acute lethality data to determine levels
of concern. It is the Agency's policy to
make maximum use of available acute
toxicity data not only to identify
chemicals for the list but also to serve as
the basis for determining the levels of
concern. This approach enables the
Agency to,, develop levels of concern for
all the chemicals on the list and to
utilize this value as the toxicity ranking
factor in establishing the TPQs.
One commenter was concerned that
interchangeable use of LC and LD data
would result in similar threshold
planning quantities for substances with
differing potential for harm. As the
threshold planning quantities are not a
measure of absolute risk, but rather a
trigger for facility reporting, the Agency
will continue to use both LC and LD
data. Further, these data are not used
interchangeably, as factors are applied
in estimating level of concern to take
into account differences between LC
and LD data.
Three commenters expressed concern
over the use of LCLO and LDLO data
when IDLH and LCso and LDso values
are not available to estimate levels of
concern. Specific comments addressed
the length of LCu) exposure time, the
need to adjust the threshold planning
quantities downward when LCLO and
LDto are used, and the perceived
inappropriateness of using such data.
The Agency recognizes thai these values
are often derived from studies that vary
in quality. However, the Agency has
chosen to continue using the LCuj and
LDLO values in order to calculate a level
of concern even when the data are
limited. Factors are applied in the
calculation to take into account the fact
that these values may be lower than
and LDso values.
F. Threshold Planning Quantities
1. Methods Used to Establish Threshold
Planning Quantities
Under section 302, if the Agency did
not develop threshold planning
quantities for each of the 402 substances
on the list of extremely hazardous
substances within 30 days after the date
of enactment of Title III, then the
threshold planning quantity would
become two pounds. Interim final
threshold planning quantities were
published simultaneously with the
publication of the list on November 17,
1986. Any facility that has one or more
of the chemicals on the list of extremely
hazardous substances in quantities in
excess of the threshold planning
quantity must provide notification to the
State emergency response commission
by May 17, 1987. Because of this, the
Agency believes that the two-pound
threshold planning quantity for all 402
substances would overwhelm local
emergency planning efforts and would
not take into account differences in
potential hazards posed by individual
substances.
The Agency considered four possible
approaches for development of
threshold planning quantities and
invited public comments on each of
them.
Approach 1. Specific Quantity
Prediction. Under this approach, the
Agency would have determined the
specific quantity of each chemical that,
if accidentally released in a specified
situation, would result in significant
acute health effects at a fixed distance
from the release site.
Approach 2. Dispersion /Toxicity
Ranking Method. Under this approach,
the Agency assigned chemicals to
threshold planning quantity categories
based on an index that accounts for the
toxicity and the potential to become
airborne of each chemical in an
accidental release. This approach is
based on relative ranking and the
assignment of each chemical to one of a
series of threshold planning quantity
categories, but does not give a measure
of absolute risk.
Approach 3. Toxicity Ranking
Method.
Under this approach, the Agency
would have assigned categories of
threshold planning quantities based
solely on a relative ranking of each
chemical's toxicity.
Approach 4. Two Pound Quantity for
AH Chemicals. Under this option, the
default quantity mandated by Congress
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13390 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations
of Iwo (2) pounds would have been
used.
a. Approach 2. After considerable
analysis, the Agency chose to develop
threshold planning quantities using
Approach 2 with modifications as
described below. Several commenters
supported the use of Approach 2,
although some did have a reservation
concerning exclusion of hazards other
than acute lethality. Some commenters
criticized the assumptions made, for
example that liquids should be assessed
at their boiling points. Some commenters
suggested that the threshold planning
quantities should reflect the ability of
the substance to be dispersed in air.
Several commenters felt that distance
and storage conditions should be
incorporated into the threshold planning
quantity calculation.
Approach 2 provides a basis for
relative measures of concern rather than
absolute values, and the Agency
continues to believe that such measures
are appropriate for facility reporting for
emergency response planning. Under
Approach 2, the level of concern for
each chemical is used as an index of
toxicity, and physical state and
volatility are used to assess its ability to
become airborne. The two indices are
combined to produce a ranking factor.
Chemicals with a low-ranking factor
(highest concern), based on the
Agency's technical review, are assigned
a quantity of one pound (see discussion
In 2,b. below). It is believed that the one-
pound quantity represents a reasonable
lower limit for the most extremely
hazardous substances on the list.
Chemicals with the highest ranking
factors, Indicating lower concern, were
assigned a threshold planning quantity
of 10,000 pounds. This ensures that any
facility handling bulk quantities of any
extremely hazardous substances would
be required to notify the State
commission. Between the limits of one
pound and 10,000 pounds, chemicals
were assigned to intermediate
categories of 10,100,500 or 1,000 pounds
based on order of magnitude ranges in
the ranking factors. The selection of the
intermediate categories was based on
standard industrial container sizes
between one and 10,000 pounds,
The Agency believes that limited
State and local resources should be
focused on those substances that
potentially will cause the greatest harm
should an accidental release occur. The
TPQs developed in Approach 2 meet the
objective such that substances that are
moat likely to cause serious problems
(extremely toxic gases, solids likely to
be readily dispersed, or highly volatile
liquids) have lower TPQs than those
that might be toxic but are not likely to
be released to the air (non-reactive, non-
powdered solids).
With respect to commentere who
believe that other hazards should be
considered, criteria presently are not
established to assess hazards other than
acute lethality. However, EPA intends to
develop such criteria in the future for
listing additional chemicals as
extremely hazardous substances. When
such criteria are available, the Agency
will assess their appropriateness for
consideration in calculating threshold
planning quantities of chemicals which
meet this criteria.
In response to comments concerning
the assumptions made in calculating
threshold planning quantities, many of
these assumptions were designed to be
conservative. Liquids, for example, were
examined for the degree of volatilization
expected from a spill at both 25 ฐC and
at the chemical's boiling point. Since
many of the extremely hazardous
substances may be handled at
temperatures greater than ambient, an
assessment of the degree of
volatilization at an elevated temperature
is appropriate. Therefore, the Agency
chose to evaluate the degree of
volatilization expected at the liquid's
boiling point for ranking against gases
and powdered solids. Actual site
conditions associated with the liquid
that influence the degree of
volatilization (such as spill area and
temperature) should be addressed
during community planning efforts.
With respect to comments on the
volatilization model used by the Agency,
this model was compared to other
available models to calculate the vapor
generation rate from a liquid spill. Some
of these models include factors that
account for wind and cooling associated
with evaporation. Results from the
model used by the Agency were of the
same order of magnitude and within the
range predicted by the other models
tested. An order of magnitude change in
the ranking factor of a chemical is
required to change its threshold
planning quantity. Therefore, even
though the simple model used by the
Agency to estimate volatilization does
not account for wind or cooling effects
of evaporation, it is appropriate for
purposes of ranking the chemicals. The
Agency believes that Approach 2 does
account for the ability of an extremely
hazardous substance to disperse by
considering a substance's physical
properties. However, as discussed
below, Approach 2 has been modified to
better reflect the dispersibility of solids
by including particle size and whether
the solid might be handled in solution or
molten form for calculating the threshold
planning quantities. No modification has
been made to account for the actual
behavior of vapor or airborne particles
because of the wide degree of variation
of site-specific conditions that could
affect airborne dispersion. The source
strength, meteorology and terrain must
also be considered with distance to
accurately account for the degree of
dispersion.
Finally, EPA disagrees with
commenters who felt that distance to
vulnerable populations and storage
conditions should be incorporated into
TPQ calculation. The inclusion of
distance to potential vulnerable
populations in the threshold planning
quantity calculation is inappropriate as
site conditions vary greatly. It is
therefore better to consider distance at
the planning stage at the community
level. A forthcoming technical guidance
document which will supplement the
NRT Hazardous Materials Planning
Guide, will provide information on how
this may be accomplished.
The Agency has decided that the total
amount of a chemical present at a
facility must be used for judging
whether a threshold planning quantity
has been exceeded, regardless of
distance between containers or the size
of containers. Storage conditions are
more appropriately addressed at the
planning stage and will also be
described in the aforementioned
technical guidance document.
b. Solids. Threshold planning
quantities for solids were originally
calculated under the assumption that
they could be completely dispersed if in
powdered form. Several commenters
noted that the threshold planning
quantities are not appropriate for non-
powderedr non-reactive solids since
they are not likely to become airborne.
They argued that even powdered
materials which may be dispersed as
aerosols will rapidly fall out unless the
particle size is very small and, thus, the
threshold planning quantity should be
set higher than 10,000 pounds for non-
powdered, non-reactive solids.
The Agency agrees that additional
factors should be considered in
establishing the threshold planning
quantities for solids since solids can
take many forms. Accordingly. EPA has
modified Approach 2, so that the
threshold planning quantity for each
solid now applies only if it is a powder
with a particle size less than 100
microns, or it is handled in solution or
molten form, or it has a National Fire
Protection Association rating of 2,3 or 4
for reactivity. If the solid does not meet
these specific criteria, the threshold
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planning quantity will default to 10,000
pounds, the highest TPQ level. The
Agency has not raised the highest TPQ
level above 10,000 pounds because it
believes that any chemical present in
this quantity or greater, which meets the
Agency's criteria for an extremely
hazardous substance, should be brought
to the attention of the State commission
and the local planning committee,
irrespective of the physical form of the
solid substance. This will enable
planning officials to evaluate such solids
and the facilities that handle them on a
case-by-case basis.
Accordingly, the TPQ calculation for a
solid applies only to the fraction of the
total quantity of solid with a particle
size less than 100 microns, or in molten
form, or in solution. In addition, for
solids in molten form, the amount
molten at any time is multiplied by an
adjustment factor of 0.3 to
conservatively account for the maximum
volatilization of the spilled molten
substance that is likely to take place.
Thus the quantity applicable to the
threshold planning quantity calculation
is the molten portion times 0.3.
c. Other Approaches. Two
commenters discussed Approach 1. One
commenter considered that Approach 1
was more appropriate than Approach 2
for calculating chemical-specific
threshold planning quantities. The
assumptions used in Approach 1 were
numerous and could lead to highly
variable results. It would be difficult to
choose the appropriate release scenario
for setting the threshold planning
quantity from among the many release
scenarios possible under Approach 1.
For these reasons the Agency still
considers Approach 2 to be the most
appropriate for calculating threshold
planning quantities.
No comments were received on
Approach 3. Commenters expressed
support for not allowing the threshold
planning quantity to default to two
pounds as proposed in Approach 4.
2. Suggested Reassignments to Different
Threshold Planning Quantities
a. Threshold Planning Quantity
Adjustments, Eleven commenters
suggested that a total of eight specific
chemicals should have higher threshold
planning quantities, and four suggested
that twelve should have lower threshold
planning quantities. In addition one
commenter suggested that substances
used in foods, food additives, color
additives, drugs, cosmetics or any
substance used in personal, family or
household products should be raised to
5,000 pounds, and another suggested
that two pounds for pesticides is too
low.
Two of the chemicals suggested for
reassignment to higher threshold
planning quantities are solids and would
be subject to the conditions for solids as
discussed above. The data used for
calculating threshold planning quantities
has been reviewed, and threshold
planning quantities were recalculated as
appropriate. Threshold planning
quantities were reassigned based upon
new data received by EPA showing
different physical properties or toxicity
levels. The threshold planning quantity
was reduced for 36 substances based on
updated acute toxicity data. For the
same reason, 12 chemicals have higher
threshold planning quantities. These
reassignments are noted in the list and
are discussed in the technical support
documents available in the public
docket.
Some factors mentioned by
commenters for consideration in
lowering the assigned threshold
planning quantities included vapor
pressure and toxicity, both of which are
included in the present calculation. In
addition, commenters suggested
reassignment based on reactivity. The
Agency has considered reactivity on an
individual basis. Several reactive
chemicals were assigned threshold
planning quantities lower than their
calculated values following individual
review. Reactivity is also considered in
determining whether the threshold
planning quantity for solids which are
not powdered, dissolved or liquefied
should become 10,000 pounds. For
certain reactive solids, the threshold
planning quantity does not increase to
10,000 pounds even if the solid is not in
powdered form.
b. Change in TPQ for Nickel
Carbonyl Several commenters
suggested that the "any quantity"
threshold planning quantity for nickel
carbonyl should not be used because of
the level of detectability and compliance
questions that may arise. Further, the
"any quantity" level gives a misleading
impression of the actual hazard of the
substance as compared to other
extremely hazardous substances.
After review of the comments and
evaluation of additional information on
nickel carbonyl, the Agency has decided
to assign nickel carbonyl to a newly
established one-pound TPQ category
along with two other chemicals with
similar ranking. The Agency continues
to recognize the higher toxicity of nickel
carbonyl and the two other chemicals as
compared to all other substances on the
list by placing them fn the lowest TPQ
category established by this rule.
Further, the assignment of nickel
carbonyl to the one-pound category is
further supported by taking into
consideration its relative instability in
air. The reassignment will also eliminate
any possible confusion with respect to
compliance.
c. Relationship Between EPA's
Threshold Planning Quantities and
Other Similar Standards. One
commenter took issue with the TPQ
values assigned to the chemicals,
suggesting that communities would
implicitly rank the chemical for hazard
potential solely on the basis of the TPQ
value and without regard to handling or
transport considerations. EPA intends
the TPQ values assigned to materials in
the rule to apply to potential
nonambient conditions as may occur at
fixed facilities. It should be noted that
during transportation, the assumption of
non-ambient conditions would not
frequently apply and that many
transported substances may meet
existing hazard class definitions of DOT
and therefore be currently subject to
existing regulations contained in Title 49
of the Code of Federal Regulations (49
CFR). All SARA section 302 substances
will be covered when listed under
section 103 of CERCLA. Further
elaboration of special considerations for
chemicals in transit is covered by
technical guidance documents published
by DOT.
Another commenter said that their
State system differed in the threshold
planning quantities set and suggested
EPA adopt their system. This State has
adopted storage thresholds of 55 gallons
of any liquid, 200 cubic feet of any gas,
and 500 pounds of any solid. These
State-adopted storage thresholds
provide virtually no distinction among
chemicals for differences in either
toxicity or ability to become airborne.
Additionally, no facility would be
required to notify the State commission
or the local planning committee unless
the facility contained a minimum of
approximately 500 pounds of any
extremely hazardous substance. The
Agency believes that these threshold
quantities would not be sufficiently
conservative for many chemicals and
overly conservative for other chemicals.
Therefore, the Agency believes that the
threshold planning quantities published
today are more appropriate since they
take into account the relative toxicities
of the extremely hazardous substances
and their ability to become airborne. As
a result, the TPQs range from one pound
to 10,000 pounds and trigger reporting in
a manner that is more consistent with
the potential hazards these chemicals
are likely to pose.
d. Relationship Between RQ Values
and TPQ Values. Several commenters
expressed concern that a number of
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13392 Federal Register /.Vol. 52, No. 77 / Wednesday,. April 22, 1987 / Rules and Regulations
substances on the extremely hazardous
substances list had RQ levels under
CERCLA that exceeded the TPQ values
and therefore emergency planning
would be required for quantities of
chemicals that would not require
notification under the RQ reporting
rules. In the interim final rule, the
Agency acknowledged these
inconsistencies and agrees with
commentera who argued that the TPQ
should not be lower than the RQ for the
same substance.
In response to these concerns, the
Agency nas taken several actions. First,
in a separate rulemaking under CERCLA
section 102, the Agency has already
proposed lowering the RQ values of
seven of these chemicals. Second, as
discussed elsewhere in this rule,
changes in the TPQ quantitative
categories and the reassignment of TPQ
values based on reevaluation of the
toxiclty data has resulted in elimination
of inconsistencies for seven other
chemicals. Third, seven of the
substances are solids which have been
assigned TPQ values of 10,000 pounds
unless they meet special conditions
regarding physical form or chemical
properties. Solids in solution, in molten
form, of a particle size of 100 microns or
less, or of a highly reactive nature revert
to the lower TPQ values. Fourth, the
Agency is currently reviewing additional
information on five other chemicals and
plans to propose revisions of their RQ
values based on this new information.
Finally, EPA intends to resolve the two
remaining inconsistencies by adjusting
the RQs of the substances as part of a
proposed rule later this year. In that
rulemaking, EPA will designate the
remaining extremely hazardous
substances as CERCLA hazardous
substances under CERCLA Section 102
and revise the one pound statutory RQs
for the extremely hazardous substances.
3. Threshold Planning Quantities for
Mixtures, Solutions, or Formulations.
The interim final rule included a one
percent de minimis limit of the
extremely hazardous substances in
mixtures, solutions, or formulations for
purposes of determining quantities
applicable to the threshold planning
quantities.
A number of commenters supported
the idea of a percentage limit for
calculating threshold planning
quantities, and most of these supported
the one percent mixture decision.
Certain commenters thought that the one
percent minimum level should be raised
or that specific test results should be
used or that the DOT methodology for
the applicable concentration for
rcportable quantities be used. (50 FR
13464, April 4,1985). One commenter
suggested that the one percent level
employed by Occupational Safety and
Health Administration (OSHA) for
carcinogens should be included.
The concentration of a chemical in a
mixture that is associated with a
potential hazard depends upon the type
of toxicity concern. The commenters, for
example, refer to OSHA's use of a level
of 0.1 percent as a concern cut-off level
for a carcinogen in a mixture. Regarding
the acute toxicity concerns, of the
extremely hazardous substances listed
in this rule, however, EPA believes that
the release of an amount equal to the
threshold planning quantity of the
substance at concentrations of less than
one percent is not likely to give rise to a
concentration equal to the level of
concern off-site. Therefore, the Agency
believes that the one percent de minimis
rule is appropriate for purposes of
emergency planning.
Alloys, amalgams, or polymers are not
considered mixtures for the purpose of
this rule because unlike simple mixtures,
their properties are demonstrably
different from those of their components;
the reporting of alloys and amalgams is
not required unless they are specifically
listed. In evaluating whether to notify
for mixtures, facility owners or
operators should compare the
appropriate threshold planning quantity
with the actual amount of the extremely
hazardous substance present in the
mixture. For example, if the TPQ
threshold for a given chemical on the list
is 100 pounds and that chemical is 20
percent by weight of a mixture,
notification would be necessary if 500
pounds or more of that mixture is
present at a facility.
When considering potential hazards
specifically from airborne releases it is
unlikely, even assuming large releases
of a mixture, that concentrations of less
than one percent will generate severe
airborne exposure levels of the toxic
component off-site. Conversely, it is not
deemed to be a precedent to raise the
TPQ determination limit of any
extremely hazardous substance in a
mixture to a level greater than one
percent. Therefore, the Agency has
decided to retain the one percent
minimum for the evaluation of all
mixtures, solutions, or formulations
containing extremely hazardous
substances for section 302 planning
purposes.
For emergency release notification,
there is no de minimis quantity under
either CERCLA section 103 or SARA
section 304. When determining if
notification is required for a release of
mixtures and solutions containing
extremely hazardous substances or
hazardous substances, the Agency
applies the weight percent calculations
as is illustrated above for SARA section
302 calculations. (The "mixture rule" for
CERCLA section 103 is further explained
in 50 FR 13463 (April 14,1985), where the
regulation for mixtures and solutions is
outlined in CERCLA.rulemaking
pertaining to RQ release reporting.)
G. Reportable Quantities
Several commenters questioned the
reportable quantities set either under
the one pound level established under
section 304 of SARA or levels set under
section 102 of CERCLA. The one pound
statutory RQs under SARA section 304
are for those substances not already
listed as CERCLA "hazardous
substances" under section 101(14) and
subject to notification requirements
under section 103. The extremely
hazardous substances which are not
CERCLA hazardous substances will be
designated under CERCLA section 102
as part of a rulemaking later this year at
which time the statutory RQs will also
be adjusted. Comments concerning RQs
for CERCLA notification under section
103 will be considered and addressed in
the ongoing CERCLA rulemakings to
adjust RQs.
H. Miscellaneous
i. Trade Secret/Confidentiality Issues
Several commenters raised questions
and concerns regarding trade secret
information. With regard to section 304
notification and chemical identity of an
extremely hazardous substance, one
commenter wants to provide the same
information that he/she has provided on
the MSDS. However, EPA believes that
the actual chemical name must be given
along with the trade name in the section
304 release notification. This specific
chemical name will be of use to the
health professional while the trade
name may not be of such use. In any
case, section 304 emergency notification
is not subject to Title III trade secret
protection.
One commenter indicated that EPA
should define a trade secret more
clearly and provide for the protection of
such secrets when they are necessary in
the contingency plan. EPA agrees. Trade
secret regulations regarding trade secret
claims and other confidentiality issues
will be issued by EPA in the future.
These 'regulations will provide that
specific chemical identity may be
claimed confidential at the time of the
contingency-planning. The chemical
identity must be submitted to EPA along
with a substantiation explaining why.
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Federal Register / Vol. 52. No. 77 / Wednesday, April 22. 1987 / Rules and Regulations 13333
the chemical identity is trade secret.
These procedures will be more fully
explained in the future trade secret
regulations.
One commenter stated that
regulations are necessary for the
determination of the validity of the local
planning committee request for
information which a facility believes is
confidential before EPA issues a
compliance order. EPA believes that
questions concerning the validity of
local requests are largely to be handled
at the State and local level, except for
claims of trade secrets concerning
specific chemical identity. Trade secrets
regulations will be issued later this year.
The Agency does not believe further
regulation is necessary in this area.
One commenter believes that the
guidance documents should discourage
the collection by localities of
confidential information and should
specify when confidential information is
justified. Another commenter believes
that EPA should more carefully define
"emergency response plan" to exclude
confidential information given to the
local committee as background material.
Section 322 is quite specific about what
information collected under Title III can
be withheld as confidential. Under Title
III, only the specific chemical identity
can be withheld, in accordance with the
procedures set forth under section 322.
Because no confidentiality issues other
than those to be addressed in the
forthcoming section 322 regulations are
relevant under Title III, EPA does not
believe further guidance is necessary at
this time.
ii. Enforcement
One commenter believes that EPA
should issue procedures for the issuance
of compliance orders. EPA agrees that
such procedures should be developed in
the future. The Agency will develop
such procedures either by regulation or
guidance and may adopt procedures for
the issuance of such orders that have
been developed under other
environmental laws.
One commenter stated that although
he believes that notification to
emergency personnel of releases that
endanger the health of community
residents is necessary, EPA is not
authorized to penalize the failure to
notify with civil and criminal penalties.
He also wrote that this requirement to
notify is currently accomplished on a
voluntary basis, as recommended by the
Chemical Manufacturer's Association.
With respect to EPA's authority to
assess penalties or seek criminal and
civil penalties for owners' or operators'
failure to notify under section 304, EPA
disagrees. Section 325(b) provides for
civil, administrative and criminal
penalties for enforcement of emergency
notification requirements under section
304.
Another commenter felt that since
section 304 imposes penalties for failure
to "immediately" notify State and local
authorities of a release of an extremely
hazardous substance, it is implicit that
this assumes "immediately after the
releaser becomes aware" of the
existence of a release. EPA agrees that a
knowledge requirement is implicit under
section 304. However, if the facility
owner/operator should have known of
the release, then,the fact that he or she
was unaware of the release will not
relieve the owner/operator from the
duty to provide release notification. EPA
believes no change is needed in the
regulatory language.
V. Relationship to CERCLA
A. Relationship of Title III to The
National Contingency Plan
Although Title III is a free-standing
Title within SARA, it is closely related
to preparation and response activities
under CERCLA.
For that reason, the interim final rule
was placed in a new Subpart I within
the existing National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP) (40 CFR 300). However, due to
differences in authority, trade secret
protection and key definitions, and
because of the need for simplicity and
accessibility for a wide range of users,
EPA has recodified the November 17,
1986 provisions. Today's final rule
republishes the emergency planning and
notification requirements, as part of 40
CFR 355. All of the Title III provisions
will now be located apart from the NCP
in Parts 355 et seq. of Title 40 of the
Code of Federal Regulations.
B. Relationship of This Rule to CERCLA
Section 103 Reporting Requirements
Under section 103 of CERCLA, any
person in charge of a facility at which
there is a release of a hazardous
substance, as defined in CERCLA
section 101(14), equal to or in excess of
its reportable quantity must report
immediately to the National Response
Center. The National Response Center
will then alert the appropriate federal
emergency response personnel of the
release. This notification includes
transportation incidents and releases
from vessels as well as fixed-facility
emergencies.
The notification to the State
emergency response commission under
section 302 is not triggered by a release
incident, but rather by the presence of
certain quantities of an extremely
hazardous substance at a facility. No
release or event of any kind is required
for a section 302 report. This notification
is an initial action in a process that
culminates in the development of
community emergency response plans.
Section 304 in contrast, establishes
reporting requirements similar to
CERCLA section 103 release reporting.
However, instead of requiring
notification only to the National
Response Center for CERCLA
substances when certain quantities of
these chemicals are released, facilities
must under section 304 also notify State
and local emergency response officials
of these releases, and of releases of
extremely hazardous substances which
have not been designated as CERCLA
hazardous substances. Note that the
reporting requirements under section 304
are in addition to, not in replacement of,
notification to the National Response
Center under CERCLA section 103.
VI. Effective Dates
As indicated in the opening section of
this preamble, this rule is effective on
May 17,1987 for purposes of facility
planning notification and 30 days after
publication for release notification
requirements. (Local release
notifications, however, do not need to
be made until August 17,1987 or when
the local committees are established, if
earlier.)
EPA established a May 17,1987
effective date for the facility planning
notifications under ง 355.30, rather than
providing 30 days between publication
and effective data as required under
section 553(d) of the Administrative
Procedure Act (APA) because section
302 of SARA requires notification to be
made by May 17. The primary purpose
of the revised final rule is to finalize the
list of substances and TPQs that trigger
the May 17 notification. In order for all
facilities affected by these requirements
to be certain of whether or not they must
provide the statutory notification fay the
date on which such notification must be
made, EPA has made the effective date
of the rule coincident with the statutory
date, even if this rule is published less
than 30 days in advance of tint date, as
would otherwise be required by section
553(d). EPA believes that the confusion
generated by a later effective date
constitutes "good cause" for suspension
of the 30 day requirement, as provided
under section 553(d)(3) of the APA.
VII. Regulatory Analyses
A. Regulatory Impact Analysis
Executive Order 12291 requires each
federal agency to determine if a
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13394 Federal Register / Vol. 52. No. 77 / Wednesday. April 22, 1987 / Rules and Regulations
regulation is a "major" rule as defined
by the order and to prepare and
consider a Regulatory Impact Analysis
(R1A) in connection with every major
rule. Under RO. 12291, a "major" rule is
one that is likely to result in (1) an
annual adverse (cost) effect in the
economy of $100 million, (2) a major
increase in costs or prices for
consumers, individual industries,
federal, State, or local government, or
geographical regions, or (3) significant
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
Slates based enterprises in domestic or
export markets. The Agency has
decided that, although the changes
represented in this revised final rule are
minor relative to the interim final rule,
these two rules should be considered
together as a "major" rule for the
purposes of E.0.12291. This decision is
based on the fact that the interim final
and revised final are essentially a single
rulemaking effort under section 302(a)(3]
of SARA and that EPA was unable to
prepare a regulatory impact analysis for
the interim final rule, as explained in
more detail below.
Today's rule is a revision of the
interim final rule published November
17,1988. Because of the short time frame
for development of that rule (30 days
from enactment of SARA), EPA was
unable to conduct a regulatory analysis
prior to publication of that final rule.
However, in the interim final rule, EPA
stated that such analysis would be
completed as part of the revised final
rule published today. Accordingly, EPA
has prepared an RIA to assess the
economic impact of the statutory and
regulatory requirements codified in the
Interim final rule on the regulated
community (i.e., facilities manufacturing,
processing, using or storing one or more
extremely hazardous substances in
excess of the threshold planning
quantity), as well as State and local
government entities. The costs
summarized here are presented in detail
in the Regulatory Impact Analysis in
Support of Rulemaking Under Sections
302,303, and 304 of the Superfund
Amendments and Reauthorization Act
of 1980, This document is available in
the public docket for this rulemaking.
The revised final rule published today
has just minor revisions resulting in
small incremental costs from the interim
final rule and thus the RIA is applicable
to both rules.
The costs associated with the interim
final regulation result directly from the
requirements spelled out by Congress in
sections 302,303, and 304 of SARA.
Congress explicitly mandated, among
other things, the setting up of State
emergency response commissions and
local emergency planning committees,
the development of emergency response
plans, the naming of facility
coordinators, and the reporting of
certain releases of extremely hazardous
substances. The regulatory option
chosen by EPA reduced to some extent
the statutory reporting burden on the
regulated community and the
administrative burden on State and
local governments by adopting many
threshold planning quantities above the
statutory default level of two pounds
and by clarifying the statutory
requirements.
For the chosen regulatory approach,
total regulated community costs
attributable to sections 302 and 303 are
expected to be primarily one-time costs,
because they deal with statute and rule
familiarization, and compliance
determination. Section 302 costs consist
of an initial notification to the State
emergency response commission, and
the development of tracking systems for
extremely hazardous substances. Most
of these types of costs are reasonably
expected to occur in the first year (1987)
that the statute requirements are in
effect. Under section 303, facilities must
designate an emergency response
coordinator and engage in ongoing
activities related to emergency planning
and response. Under section 304,
facilities must report certain releases of
extremely hazardous substances to
various government entities.
A total of 5.6 million facilities will
need to become familiar with the
statutory and regulatory requirements
and make a compliance determination
because they may use or store chemicals
that are on the extremely hazardous.
substances list. Of these, 1.5 million are
expected to have at least one extremely
hazardous substance in excess of the
statutory two pound threshold planning
quantity.
Costs for statute and rule
familiarization to facilities for sections
302 and 304 are expected to total $353
million in 1987. Section 302 baseline
costs (in the absence of EPA's revised
threshold planning quantities) are
estimated to be $375 million for
facilities, for a total cost of $728 million
in 1987 (1986 dollars).
Costs for emergency planning
activities (Section 303) by facilities are
expected to be incurred primarily in
1988 at a total of $416 million, assuming
that no planning of this type has
occurred. Therefore this is an upper
bound estimate for the particular
activities costed. Emergency release
notification costs (Section 304} are
estimated to be $81 million for facilities
in the first two years.
The Agency currently estimates that
by increasing the TPQs on most of the
extremely hazardous substances from
the statutory level of two pounds,
facilities will realize a reduction in
burden of $70 million from the statutory
requirements- to the interim final rule
because those facilities with small
quantities of substances will not have to
notify authorities and participate in
emergency planning. The methodology
used for this analysis did not allow for a
detailed comparison to be made
between the interim final and revised
final rules. However, the minor revisions
made by today's final rule should result
in only small incremental costs from the
interim final rule.
EPA believes that the approach
adopted in the interim final rule and
revised final rule will benefit the
regulated community, State and local
governments, and the general public. By
raising the threshold planning quantities
over the two-pound statutory level for
each substance, the Agency has reduced
the reporting burden for the regulated
community and government entities
without significantly increasing the risk
to the general public. The adopted
approach will facilitate the setting of
priorities of potential chemical hazards
on the part of facilities and local
emergency planning committees. Such
prioritization is an essential component
of emergency response planning.
Government costs imposed by the
statutory requirements under the
emergency planning provisions of Title
III include costs borne by State
emergency response commissions and
local emergency planning committees.
This analysis does not attempt to
analyze the Section 301 cost of
establishing State emergency response
commissions and local emergency
planning committees. Instead, those
costs associated with the statutory
requirements for receipt of information
and planning are estimated even though
they do not appear in the final rule. For
local emergency planning committees,
the major costs, like those for facilities,
will occur in 1987 and 1988. The costs
for local planning committees include
statute and rule familiarization under
section 302 and the preparation of a
local emergency plan under section 303.
These costs for local emergency
planning committees total $80 million.
Major costs for State emergency
response commissions include the
receipt and distribution of facility
notifications, and the review of local
emergency plans. These costs estimated
for State commissions total $1.8 million
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Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations 13395
in 1987 and 1988. Both the State and
local authorities will design data
systems for the storage of release
information under section 304. The
initial startup and ongoing costs for
receiving and storing data related to
emergency release notifications are
expected to be $27 million in 1987 and
1988 for both the State and local
authorities. Continuing costs for both
State and local governments include:
reviewing and storing information under
sections 302 and 304, and the updating
and review of emergency plans under
section 303. However, the Agency does
not have enough data or judgment to
estimate these ongoing costs for sections
302 and 303.
B. Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980
requires that an analysis be performed
for all rules that are likely to have a
"significant impact on a substantial
number of small entities". EPA has
performed a preliminary small business
analysis. The small business definition
used for the analysis is any facility with
ten or less employees. Based on this
analysis, I hereby certify that this
regulation will not have a significant
impact on a substantial number of small
entities.
C. Paperwork Reduction Act
The reporting and notification
requirements contained in this rule have
been approved by the Office of
Management and Budget (OMB) under
the provisions of the Paperwork
Reduction Act of 1980.44 U.S.C. 35501,
et seq. and have been assigned OMB
control number 2050-0046.
VIII. Supporting Information
List of Subjects 40 CFR Parts 300 and 355
Chemicals, hazardous substances,
extremely hazardous substances,
intergovernmental relations, community
right-to-know, Superfund Amendments
and Reauthorization Act, air pollution
control, chemical accident prevention,
chemical emergency preparedness,
threshold planning quantity, reportable
quantity, community emergency
response plan, contingency planning,
reporting and recordkeeping
requirements.
Dated: April 17,1987.
Lee M. Thomas,
Administrator.
For the reasons set out in the
Preamble, Title 40 of the Code of Federal
Regulations is amended as follows:
1. The title of Subchapter J of Title 40
is revised to read as follows:
SUBCHAPTER JSUPERFUND,
EMERGENCY PLANNING, AND COMMUNITY
RIGHT-TO-KNOW PROGRAMS
PART 300NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
2. The authority citation for Part 300 is
revised to read as follows:
Authority: Sec. 105, Pub. L. 98-510, 94 Stat.
2764, 42 U.S.C. 9505 and Sec. 311(c)(2), Pub. L.
92-500, as amended, 86 Stat. 865, 33 U.S.C.
1321(c)(2); E.0.12316, 46 FR 42237 (August 20,
1981); E.G. 11735. 38 FR 21243 (August 1973).
งง300.91-300.95 (Subpart I) [Removed]
3. Part 300 is amended by removing
Subpart I consisting of ง ง 300.91 through
300.95.
Appendices D and E [Removed]
4. Part 300 Appendices D and E are
removed.
5. Subchapter } of Title 40 of the Code
of Federal Regulations is amended by
adding a new Part 355 to read as
follows:
PART 355EMERGENCY PLANNING
AND NOTIFICATION
Sec.
355.10 Purpose
355.20 Definitions
355.30 Emergency planning
355.40 Emergency release notification
355.50 Penalties
Appendix AThe List of Extremely
Hazardous Substances, and their Threshold
Planning Quantities (Alphabetical Order)
Appendix BThe List of Extremely
Hazardous Substances and their Threshold
Planning Quantities (CAS Number Order)
Authority: Sections 302, 303, 304, 325, 328
and 329 of the Emergency Planning and
Community Right-to-Know Act of 1988, Pub.
L. 99-499,100 Stat. 1613, 42 U.S.C. ง 11002,
11003,11004,11025,11028, and 11029 (1986),
ง 355.10 Purpose.
This regulation establishes the list of
extremely hazardous substances,
threshold planning quantities, and
facility notification responsibilities
necessary for the development and
implementation of State and local
emergency response plans.
ง355.20 Definitions.
Act means the Superfund
Amendments and Reauthorization Act
of 1988.
CERCLA means the Comprehensive
Emergency Response, Compensation
and Liability Act of 1980, as amended.
CERCLA Hazardous Substance means
a substance on the list defined in
Section 101(14) of CERCLA.
Note.Listed CERCLA hazardous
substances appear in Table 302.4 of 40 CFR
Part 302.
Commission means the emergency
response commission, or the Governor if
there is no commission, for the State in
which the facility is located.
Environment includes water, air, and
land and the interrelationship which
exists among and between water, air,
and land and all living things.
Extremely Hazardous Substance
means a substance listed in Appendices
A and B of this Part.
Facility means all buildings,
equipment, structures, and other
stationary items which are located on a
single site or on contiguous or adjacent
sites and which are owned or operated
by the same person (or by any person
which controls, is controlled by, or
under common control with, such
person). For purposes of emergency
release notification, the term includes
motor vehicles, rolling stock, and
aircraft.
Hazardous Chemical means any
hazardous chemical as defined under
ง 1910.1200(c) of Title 29 of the Code of
Federal Regulations, except that such
term does not include the following
substances:
(1) Any food, food additive, color
additive, drug, or cosmetic regulated by
the Food and Drug Administration.
(2) Any substance present as a solid
in any manufactured item to the extent
exposure to the substance does not
occur under normal conditions of use.
(3) Any substance to the extent it is
used for personal, family, or household
purposes, or is present in the same form
and concentration as a product
packaged for distribution and use by the
general public.
(4) Any substance to the extent it is
used in a research laboratory or a
hospital or other medical facility under
the direct supervision of a technically
qualified individual.
(5) Any substance to the extent it is
used in routine agricultural operations
or is a fertilizer held for sale by a
retailer to the ultimate customer.
Mixture means a heterogenous
association of substances where the
various individual substances retain
their identities and can usually be
separated by mechanical means.
Includes solutions or compounds but
does not include alloys or amalgams.
Person means any individual, trust,
firm, joint stock company, corporation
(including a government corporation),
partnership, association, State,
municipality, commission, political
subdivision of a State, or interstate
body.
Release means any spilling, leaking,
pumping, pouring, emitting, emptying,
discharging, injecting, escaping,
-------
13396 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations
leaching, dumping, or disposing into the
environment (including the
abandonment or discarding of barrels,
containers, and other closed
receptacles) of any hazardous chemical,
extremely hazardous substance, or
CERCLA hazardous substance.
Reportable Quantity means, for any
CERCLA hazardous substance, the
reportable quantity established in Table
302.4 of 40 CFR Part 302, for such
substance, for any other substance, the
reportable quantity is one pound.
Threshold Planning Quantity means,
for a substance listed in Appendices A
and B, the quantity listed in the column
"threshold planning quantity" for that
substance.
ง355.30 Emergency planning.
(a) Applicability. The requirements of
this section apply to any facility at
which there is present an amount of any
extremely hazardous substance equal to
or in excess of its threshold planning
quantity, or designated, after public
notice and opportunity for comment, by
the Commission or the Governor for the
State in which the facility is located. For
purposes of this section, an "amount of
any extremely hazardous substance"
means the total amount of an extremely
hazardous substance present at any one
time at a facility at concentrations
greater than one percent by weight,
regardless of location, number of
containers, or method of storage.
(b) Emergency planning notification.
The owner or operator of a facility
aubjcct to this section shall provide
notification to the Commission that it is
a facility subject to the emergency
planning requirements of this Part Such
notification shall be provided: on or
before May 17,1987 or within sixty days
after a facility first becomes subject to
the requirements of this section,
whichever is later.
(cj Facility emergency coordinator.
The owner or operator of a facility
subject to this section shall designate a
facility representative who will
participate in the local emergency
planning process as a facility emergency
response coordinator. The owner or
operator shall notify the local
emergency planning committee (or the
Governor if there is no committee) of the
facility representative on or before
September 17,1087 or 30 days after
establishment of a local emergency
planning committee, whichever is
earlier.
(d) Provision of information. (1) The
owner or operator of a facility subject to
this section shall inform the local
emergency planning committee of any
changes occurring at the facility which
may be relevant to emergency planning.
(2) Upon request of the local
emergency planning committee, the
owner or operator of a facility subject to
this section shall promptly provide to
the committee any information
necessary for development or
implementation of the local emergency
plan.
(e) Calculation of TPQs for solids and
mixtures. (1) If a container or storage
vessel holds a mixture or solution of an
extremely hazardous substance, then
the concentration of extremely
hazardous substance, in weight percent
(greater than 1%), shall be multiplied by
the mass (in pounds) in the vessel to
determine the actual quantity of
extremely hazardous substance therein.
(2)(i) Extremely hazardous substances
that are solids are subject to either of
two threshold planning quantities as
shown on Appendices A and B (i.e., 500/
10,000 pounds). The lower quantity
applies only if the solid exists in
powdered form and has a particle size
less than 100 microns; or is handled in
solution or in molten form; or meets the
criteria for a National Fire Protection
Association (NFPA) rating of 2, 3 or 4 for
reactivity. If the solid does not meet any
of these criteria, it is subject to the
upper (10,000 pound) threshold planning
quantity as shown in Appendices A and
B.
(ii) The 100 micron level may be
determined by multiplying the weight
percent of solid with a particle size less
than 100 microns in a particular
container by the quantity of solid in the
container.
(iii) The amount of solid in solution
may be determined by multiplying the
weight percent of solid in the solution in
a particular container by the quantity of
solution in the container.
(iv) The amount of solid in molten
form must be multipled by 0.3 to
determine whether the lower threshold
planning, quantity is met
(Approved by the Office of Management and
Budget under the control number 2050-0046)
ง 355.40 Emergency release notification.
(a) Applicability. (1) The requirements
of this section apply to any facility: (i) at
which a hazardous chemical is
produced, used or stored and (ii) at
which there is release of a reportable
quantity of any extremely hazardous
substance or CERCLA hazardous
substance.
(2) This section does not apply to: (i)
Any release which results in exposure to
persons solely within the boundaries of
the facility, (ii) Any release which is a
"federally permitted release" as defined
in section 101 (10) of CERCLA, (iii) any
release which is "continuous," as
defined under section 103 (f) of CERCLA
(except for "statistically significant
increases" as defined under section
103(e) of CERCLA and (v) any release
exempt from CERCLA section 103(a)
reporting under section 101(22) of
CERCLA.
Note to paragraph (a).Releases of
CERCLA hazardous substances aru subject to
the release reporting requirements of
CERCLA section 103, codified at 40 CFR Part
302, in addition to the requirements of this
Part.
(b) Notice requirements. (1) The
owner or operator of a facility subject to
this section shall immediately notify the
community emergency coordinator for
the local emergency planning committee
of any area likely to be affected by the
release and the State emergency
response commission of any State likely
to be affected by the release. If there is
no local emergency planning committee,
notification shall be provided under this
section to relevant local emergency
response personnel.
(2) The notice required under this
section shall include the following to the
extent known at the time of notice and
so long as no delay in notice or
emergency response results:
(i) The chemical name or identity of
any substance involved in the release.
(ii) An indication of whether the
substance is an extremely hazardous
substance.
(iii) An estimate of the quantity of any
such substance that was released into
the environment.
(iv) The time and duration of the
release.
(v) The medium or media into which
the release occurred.
(vi) Any known or anticipated acute
or chronic health risks associated with
the emergency and, where appropriate,
advice regarding medical attention
necessary for exposed individuals.
(vii] Proper precautions to take as a
result of the release, including
evacuation (unless such information is
readily available to the community
emergency coordination pursuant to the
emergency plan).
(viii) The names and telephone
number of the person or persons to be
contacted for further information.
(3) As soon as practicable after a
release which requires notice under
(b)(l) of this section, such owner or
operator shall provide a written follow-
up emergency notice (or notices, as more
information becomes available) setting
forth and updating the information
required under paragraph (b)(2) of this
section, and including additional
information with respect to:
(i) Actions taken to respond to and
contain the release,
-------
Federal Register / Vol. 52. No. 77 / Wednesday. April 22. 1987 / Rules and Regulations 13397
(ii) Any known or anticipated acute or
chronic health risks associated with the
release, and,
(iii) Where appropriate, advice
regarding medical attention necessary
for exposed individuals.
- (4) Exceptions, (i) Until April 30,1988,
in lieu of the notice specified in
paragraph (b)(2) of this section, any
owner or operator of a facility subject to
this section from which there is a
release of a CERCLA hazardous
substance which is not an extremely
hazardous substance and has a
statutory reportable quantity may
provide the same notice required under
CERCLA section 103(a) to the local
emergency planning committee.
(ii) An owner or operator of a facility
from which there is a transportation-
related release may meet the
requirements of this section by
providing the information indicated in
paragraph (b)(2) to the 911 operator, or
in the absence of a 911 emergency
telephone number, to the operator. For
purposes of this paragraph, a
"transportation-related release" means
a release during transportation, or
storage incident to transportation if the
stored substance is moving under active
shipping papers and has not reached the
ultimate consignee.
(Approved by the Office of Management and
Budget under the control number 2050-0046}
ง355.50 Penalties.
(a) Civil penalties. Any person who
fails to comply with the requirements of
ง 355.40 shall be subject to civil
penalties of up to $25,000 for each
violation in accordance with section
325(b)(l) of the Act.
(b) Civil penalties for continuing
violations. Any person who fails to
comply with the requirements of
ง 355.40 shall be subject to civil
penalties of up to $25,000 for each day
during which the violation continues, in
accordance with section 325(b)(2) of the
Act. In the case of a second or
subsequent violation, any such person
may be subject to civil penalties of up to
$75,000 for each day the violation
continues, in accordance with section
325(b)(2) of the Act.
(c) Criminal penalties. Any person
who knowingly and willfully fails to
provide notice in accordance with
ง 355.40 shall, upon conviction, be fined
not more tnan $25,000 or imprisoned for
not more than two (2) years, or both (or,
in the case of a second or subsequent
conviction, shall be fined not more than
$50,000 or imprisoned for not more than
five (5) years, or both) in accordance
with section 325(b)(4) of the Act.
APPENDIX A.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES
[Alphabetical Order]
CAS No.
75-86-5
1752-30-3
107-02-8
79-06-1
107-13-1
814-68-6
111-69-3
116-06-3
309-00-2
107-18-6
107-11-9
20859-73-8
54-62-6
78-53-5
3734-97-2
7664-41-7
16919-58-7
300-62-9
62 53-3
88-05-1
7783 70-2
1397-94-0
86-88-4
1303-28-2
1327-53-3
7784-34-1
7784-42-1
2642-71-9
86-50-0
1405-87-4
98-87-3
98-16-8
100-14-1
98-05-5
98-09-9
3615-21-2
98-07-7
100-44-7
140-29-4
Chemical name
Acetone Cyanohydrin
Acetone Thiosemicarbazide
Acrolein
Acrylamide ....
Acrylonitrile
Acrylyl Chloride
Adiponitrile
Aldicarb
Aldrin
Ally! Alcohol
Allylamine ...
Aluminum Phosphide . . .
Aminopterin
Amiton '.
Amiton Oxalate
Ammonia " . . .
Ammonium Chloroplatinate
Amphetamine
Aniline
Aniline, 2,4,6-Trimethyl-
Antimony Pentafluoride ;
Antimycin A
ANTU
Arsenic Pentoxide . .
Arsenous Oxide
Arsenous Trichloride
Arsine
Azinphos-Ethyl
Azinphos-Methyl ,
Bacitracin
Benzal Chloridei
Benzenamine, 3-(Trifluoromethyl)-
Benzene, 1-(Chloromethyl)-4-Nitro-
Benzenearsonic Acid
Benzenesulfonyl Chloride f
Benzimidazole, 4,5-Dichloro-2-(Trifluoromethyl)-
Benzotrichloride ,
Benzyl Chloride
Benzyl Cyanide , :
Notes
e
d 1
d, 1
e, h
e, 1
c
d
e
b
e
e
Q
|
a, e
e
d 1
e
0
c, e
d
d h
d
e
e
a, e
d
e
e
e
a
e. a
d
d
e. h
Reportable
quantity*
(pounds)
10
1
1
5000
100
1
1
1
1
100
1
100
1
1
1
100
1
1
5000
1
1
1
100
5,000
5,000
5,000
1
1
1
1
5000
1
1
1
100
1
1
100
1
Threshold
planning quantity
(pounds)
1,000
1 000/10000
500
1 000/10000
10,000
100
1,000
100/10,000
500/10000
1 000
500
500
500/10,000
500
100/10,000
500
10,000
1,000
1 000
500
500
1,000/10,000
500/10,000
100/10,000
100/10,000
500
100
100/10,000
10/10,000
10,000
500
500
500/10,000
10/10,000
10,000
500/10,000
100
500
500
-------
13398 Federal Register / Vol. 52. No. 77 / Wednesday. April 22, 1987 / Rules and Regulations
APPENDIX A.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[Alphabetical Order]
CAS No
15271-41-7
534-07-6
4044-65-9
10234-34-5
7637-07-2
353-42-4
28772-56-7
7726-95-6
106-99-0
109-19-3
111-34-2
1306-19-0
2223-93-0
7778-44-1
8001-35-2
66-25-7
51-83-2
26419-73-8
1563-66-2
75-15-0
786-19-8
2244-16-8
57-74-9
470-90-6
7782-50-5
24934-91-6
999-81-5
107-20-0
79-11-8
107-07-3
627-11-2
67-66-3
542-88-1
107-30-2
3691-35-8
1962-47-4
21923-23-9
10025-73-7
7440-48-4
62207-76-5
10210-68-1
64-86-8
117-52-2
56-72-4
5836-29-3
95-48-7
535-89-7
4170-30-3
123-73-9
506-68-3
506-78-5
2638-26-2
675-14-9
66-81-9
108-91-8
287-92-3
633-03-4
17702-41-9
8065-48-3
919-86-8
10311-84-9
19287-45-7
84-74-2
8023-53-8
111-44-4
Chemical name
BicycIo[2J2.1 JHeptane-2-Carbonitrile, 5-Chloro-6-((((Methylamino)Carbonyl)Oxy)lmino)-,
(1s-{1 -alpha, 2-beta. 4-alpha, 5-alpha, 6E))-.
Bis(Chloromethyl) Ketone .. ,
Boron TrilkJoride Compound With Methyl Ether (1:1) - - ..__
Bromadiolone _..- _ซ ซ ซ
Butyl Isovaterate ซ ซ
Butyl Vinyl Ether -
Camphechloc ..._ - - - ป
Carbamtc Acid, Methyl-, 0-(((2,4-Dimethyt-1, 3-Dithiolan-2-yl)Methylene)Amino)- .....
Carbophenothion
Carvone _ -
Chlorfenvlnfos-.....- ซ ซ
Chlormoquat Chloride ป
ChloroaceUc Add -
Chlorofofm
Chloromethyl Ether -
Chtorthiophos .. ซ- ................. .........._.. _...............
Chrornic Chloride, u m.i. ^ .^m i .-.u i .^ -.1 ^.^nn..^^...!.^..!,. . ....!.. . ......... ,
Cobalt _
Cobalt, ((2,2'-(1.2-Ethanediylbl3 (Nitrilomethylidyne))Bis(6-Fluorophenolalo))(2-)-
N.N',0.0').,.
Cobalt Carbonyl. ......_ .. , ., ซ ~ ............
Colchiclna .
Cournaphoa -... ป -
Crimldina ,, ,
Cyanophos
Cydohsximlda ป -
Cyctohexylamlna
Cyclopentana..,. ซ.
Decabofan0(14) _,.,.,.ซ.-
Dialifof- ป ~- _.... . . .. ..~..~...~
Dtbuty) Phthalate .~ _^.^.ซ^._._
Dfchlofobanzalkonlum Chloride - ซ.. ซ .......
DteNor oethvl Ether -.ซ.. - ._ -
Notes
e
e
e
e
e
e
e
e. 1
a, e
a, e
a, e
e
c, e
d
d
e
e
a
1
e
a, e
d
e
e
e. h
a
e
e
e
d, 1
d, h
c, d
e
e
e, h
e
a, e
e
e. h
@, h
a, e
a
d
e
e
e
e
e
e,\
a, e
a, e
e
e
a
e
e
a,e
d
Reportable
quantity*
(pounds)
1
1
1
1
1
1
1
1
1
1
1
1
1
1,000
1
1
1
1
10
100
1
1
1
1
10
1
1
1,000
1
1
1
5,000
1
1
1
1
1
t
1
1
1
1
1
10
1
1,000
1
100
100
1,000
1
1
1
1
1
1
1
t
1
1
1
1
10
1
1
Threshold
planning quantity
(pounds)
500/10,000
10/10,000
500/10.000
500
500
1,000
100/10,000
500
10,000
10,000
10,000
100/10,000
1,000/10,000
500/10,000
500/10,000
100/10,000
500/10,000
100/10,000
10/10,000
10,000
500
10,000
1,000
500
100
500
100/10,000
10,000
100/10,000
500
1,000
10,000
100
100
100/10,000
500/10,000
500
1/10,000
10,000
100/10,000
10/10,000
10/10,000
10,000
100/10,000
500/10,000
1,000/10,000
100/10,000
1,000
1,000
500/10,000
1,000/10,000
1.000
100
100/10,000
10,000
10,000
10,000
600/10,000
500
500
100/10,000
100
10.000
10,000
10,000
-------
Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations 13399
APPENDIX A.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[Alphabetical Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
149-74-6 Dichloromethylphenylsilane e
62-73-7 Dichlorvos
-141-66-2 Dicrotophos _ e
1464-53-5 Diepoxybutane d
814-49-3 Diethyl Chtorophospate e, h
1642-54-2 Diethylcarbamazine Citrate. _... e
93-05-0 Diethy]-p-Phenyienediamine _ a,e
71-63-6 Digitoxin c, e
2238-07-5 Diglycidyl Ether e
20830-75-5 Digoxin e, h
115-26-4 Dimefox '. e
60-51-5 Dimethoate ....,
2524-03-0 Dimethyl Phosphorochtoridothioate e
131-11-3 Dimethyl Phthalate a
77-78-1 Dimethyl Suifate '. d
75-18-3 Dimethyl Sulfide e
75-78-5 Dimethyldichlorosilane e, h
57-14-7, Dimethylhydrazine . d
99-98-9 Dimethyl-p-Phenylenediamine .-. e
644-64-4 Dimetaan . e
534-52-1 Dinitrocresol
88-85r7 Dhioseb _
1420-07-1 Dinoterb , e
117-84-^p Dioctyl Phthalate,. ... a
78-34-2 Dloxathkm _ e
646-064) Dioxolane _ _. .; .._._......._... a, e
82-66-6 Diphacinone _ e
152-16-9 Diphosphoramide, Qctamethyl-
298-04-4 Disulfoton
514-73-8 Dithiazanine Iodide _ e
541-53-7 Dtthiobiuret _ .
316-42-7 Emetine, Dihydrochtoride .. e, h
115-29-7 Endosutfan _
2778-04-3 Endothion . ..... ...._......._ _._..._._._. e
72-20-& Endrin ,
106-89-8 Epichlorohydrin . d, I
2104-64-5 EPN _ e
50-14-6 Ergocalciferol c, e
379-79-3 Ergotamine Tartrata e
1622-32-8 Ethanesulfonyl Chloride. 2-Chloro- e
10140-87-1 Ethanol, 1.2-DicrHorb-, Acetate e
563-12-2 Ethion. _
13194-48-4 Ethoprophos e
538-07-8' Ethytoi3(2-Ch!oroethyl)Amine e, h
371-62-0 Ethytene Fluorohydrin ,....... c, a,
h
75-21-8 Ethytene Oxide d, \
107-15-3 Ethylenediamine
151 -56-4 Ethytenelmine d
2235-25-8 Ethylmercuric Phosphate a, e
542-90-5 Ethytthlocyanate e
22224-92-6 Fenamiphos : e
122-14-5 Fenitrothion _ e
115-90-2 Fensulfothton e, h
4301-50-2 Fluenetil e
7782-41-4 Fluorine k
640-19-7 Fluoroacetamide _ j
144-49-0 Fluoroacetic Acid e
359-06-8 Fluoroacetyl Chloride c, e
51-21-8 Fluorouracil e
944-22-9 Fonofos e
50-00-0 Formaldehyde d.l
107-16-4 Formaldehyde Cyanohydrtn e, h
23422-53-9 Formetanate Hydrochtoride e.h
2540-82-1 Formothion _. .. e
17702-57-7 Formparanaie e
21548-32-3 Fosthietan _ e
1
10
1
1
1
1
1
1
10
1
5,000
1
1
1
1
1
10
1,000
1
5,000
1
1
100
1
100
1
1
1
1,000
1
1
1
1
1
10
1
1
1
5,000
1
1
1
1
1
10
100
1
1
1
1
1,000
1
1
1
1
1
1,000
1,000
100
500
500
100/10.000
10,000
100/10,000
1,000
10/10,000
500
500/10,000
500
10,000
500
100
500
1,000
10/10.000
500/10,000
10/10,000
100/10,000
500/10,000
10,000
500
10,000
10/10,000
100
500
500/10,000
100/10.000
1/10,000
10/10,000
500/10,000
500/10,000
1,000
100/10,000
1,000/10,000
600/10.000
500
1.000
1.000
1,000
ฃ00
10
1,000
10,000
500
10,000
10,000
10/10,000
600
500
100/10,000
500
100/10,000
10/10,000
10
600/10,000
600
600
1,000
600/10,000
100
100/10.000
500
-------
13400 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Rules and Regulations
APPENDIX A.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[Alphabetical Order]
CAS No.
Chemical name
Notes
Reportable
quantity"
(pounds)
Threshold
planning quantity
(pounds)
3878-19-1 Fuberidazole
110-00-9 Fursn
13450-90-3 Gallium Trichloride
77-47-4 Hexachtorocyclopentadiene
1335-87-1 Hexachtoronaphthalene a, e
4835-11-4 Hexarnethylenediamine, N.N'-Dibutyl- e
302-01-2 Hydrazine d
74-90-8 Hydrocyanic Acid
7647-01-0 Hydrogen Chloride (Gas Only)
7664-39-3 Hydrogen Fluoride.
7722-84-1 Hydrogen Peroxide (Cone >52%)
7783-07-5 Hydrogen Selenide
7783-06-4 Hydrogen Suifide I
123-31-8 Hydroquinone '
53-86-1 Indomethacin a-e
10025-97-5 Indium Tetrachloride a, e
13463-40-6 Iron, Pentacarbonyl- e
297-78-9 Isobenzan e
78-82-0 Isobtrtyronitrite e, h
102-36-3 Isocyanlc Acid, 3,4-Dichlorophenyl Ester
465-73-6 Isodrin
55-91 -4 Isofluorphate
4098-71-9 Isophorone Diisocyanate b. e
108-23-6 Isopropyl Chloroformate e
625-55-8 Isopropy! Formatee
119-38-0 Isoproplymethylpyrazolyl Dimethylcarbamate
78-97-7 Lactonitrile e
21609-90-5 Loptophos e
541-25-3 Lewisite c. e-
n
58-89-9 Undane
7580-67-8 Uthkim Hydride b, e
109-77-3 Malononitrile
12108-13-3 Manganese. Tricarbonyl Methylcyclopentadienyl e.
51-75-2 Mechlorethamine : o, e
950-10-7 Mephosfolan
1600-27-7 Mercuric Acetate
7487-94-7 Mercuric Chloride e
21908-53-2 Mercuric Oxide
108-67-8 Mesitylene a, e
10476-95-8 Methacrolein Diacetate e
760-93-0 Methacrylto Anhydride
126-98-7 Methacrylonitrile
920-46-7 Methacryloy! Chloride e
30674-80-7 Methacryloyioxyethyl Isocyanate e, h
10265-92-6 MethamFdophos e
558-25-8 Methanesulfonyl Fluoride e
950-37-8 Mothidathton
2032-65-7 Methiocarb
16762-77-5 Methomyl
151-38-2 Methoxyethylmercuric Acetate
80-63-7 Methyl 2-Chloroacrylate
74-83-9 Methyl Bromide
79-22-1 Methyl Chtoroformate d, h
624-92-0 Methyl Disulfide
60-34-4 Methyl Hydrazine
624-83-9 Methyl Isocyanate
556-61-8 Methyl Isothiocyanate b, e
74-93-1 Methyl Mercaptan
3735-23-7 Methyl Phenkapton
676-97-1 Methyl Phosphonic Dichloride b, e
556-64-9 Methyl Thlocyanate
78-94-4 Methyl Vinyl Ketone....-
502-39-6 Methylmercurlc Dicyanamide
75-79-6 Methyltrlchlorosilane e, h
1129-41-5 Metdcarb
7786-34-7 Mevinphos
1
100
1
1
1
1
1
10
1
100
1
1
100
1
1
1
1
1
1
1
1
100
1
1
1
1
1
1
1
1
1
1,000
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
10
100
1
1
1,000
1,000
1
10
1
1
100
1
1
1
1
1
1
1
10
100/10,000
500
500/10,000
100
10,000
500
1,000
100
500
100
1,000
10
500
500/10,000
10,000
10,000
100
100/10,000
1,000
500/10,000
100/10,000
100
100
1,000
500
500
1,000
500/10,000
10 ,
1,000/10,000
100
500/10,000
100
10
500
500/10,000
500/10,000
500/10,000
10,000
1,000
500
500
100
100
100/10,000
1,000
500/10,000
500/10,000
500/10,000
500/10,000
500
1,000
500
100
500
500
500
500
500
100
10,000
10
500/10,000
500
100/10,000
500
-------
Federal Register / Vol. 52, No. 77 / Wednesday. April 22. 1987 /Rules and Regulations
APPENDIX A. THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES Continued
[Alphabetical Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
315-18-4 Mexacarbate
50-07-7 MitomycinC ZZZZZZ!" d
6923-22-4 Monocrotophos
2763-96-4 Muscimol ' ' a h
505-60-2 Mustard Gas o J
7440-02-0 Nickel a ฃ
13463-39-3 Nickel Carbonyl H
54-11-5 Nicotine .. ' "
65-30-5 Nicotine Sulfate
7697-37-2 Nitric Acid
10102-43-9 Nitric Oxide .' " c
98-95-3 Nitrobenzene I
1122-60-7 Nitrocyclohexane -
10102-44-0 Nitrogen Dioxide !.!!!!!!!!!!!!!!!!!!!
62-75-9 Nitrosodimethylamine " A n
991-42-4 Norbormide ZZZZZZZZZZZZ a
0 Organorhodium Complex (PMN-82-147) !. e
65-86-1 Orotic Acid a e
20816-12-0 Osmium Tetroxide -'
630-60-4 Ouabain * .
23135-22-0 Oxamyl !,.!..!!!!!!!!!!!!!!!!!!!! " ป
78-71-7 Oxetane, 3,3-Bis(Chloromethyl)- !.!.!". 1
2497-07-6 Oxydisulfoton _... e h
10028-15-6 Ozone _ e
1910-42-5 Paraquat !!...!.ZZ!! ' e
2074-50-2 Paraquat Methosulfate a
56-38-2 Parathion ^ d
298-00-0 Parathion-Methyl c'
12002-03-8 Paris Green H
19624-22-7 Pentaborane !.!!!!!!!!!!!!!!!!! e
76-01-7 Pentachloroethane _ d
87-86-5 Pentachlorophenol a* j
2570-26-5 Pentadecylamine " I*
79-21 -0 Peracetic Acid _ ZZZZZZZZZZZ*!" e
594-42-3 Perchtoromethylmercaptan...:
108-S5-2 Phenol !.' "
97-18-7 Phenol, 2.2'-Thiobis(4,6-Dicnloro- I!!!!!!!!!!!!!!!!!!!! e
4418-66-0 Phenol, 2,2'-Thiobis(4-Chloro-6-Methyl-Pheno), 2,2^fwob^'(4^ic^"-Metnyi)-" e
64-00-6 Phenot, 3-(1-Methytethyl)-, Methytaarbamate e
58-36-6 Phenoxarsine, 10,10'-Oxydi- " e
696-28-6 Phenyl Dichloroarsine '. ZZZZZZ'"! d h
59-88-1 PhenylhydrazineHydrochloride.. ZZZZZZZZZZZZZZ"!'."! ซ'
62-38-4 Phenylmercury Acetate
2097-19-0 Phenyteilatrane " _ h
103-85-5 Phenylthiourea
298r02-2 Phorate , !!!!!!!!!!!!!!"!! "
4104-14-7 Phosacetim " _
947-02-4 Phosfolan ZZZZZZZZ " e
75-44-5 Phosgene """ t
732-11-6 Phosmet _ ' "" _
13171-21-6' Phosphamidon . J ฐ
7803-51-2 Phosphine !!!!!!!!!'!
2703-13-1 Phosphonothioic Acid, Methyl-, Q^^Q^^iiia^ei^niซ^'^ซ e
50782-69-9 Phosphonothioic Acid, Methyl-, S-(2-(Bis(1-Methylethyl)Amino)Ethyl O-Ethyi Ester"!"" e
2665-30-7 Phosphonothioic Acid, Methyl-, O-(4-Nitrophenyl) O-Phenyl Ester.... e
3254-63-5 Phosphoric Acid, Dimethyl 4-(Methylthio) Phenyl Ester e
2587-90-8 Phosphorothioic Acid, O,O-Oimethyl-S-(2-Methylthio) Ethyl Ester ZZZZZZZ! c, a,
7723-14-0 Phosphorus ^,\
10025-87-3 Phosphorus Oxychloride ' "" d'
10026-13-8 Phosphorus Pentachloride !!!.!"!!!!! Z b e
1314-56-3 Phosphorus Pentoxide ' b' a
7719-12-2 Phosphorus Trichloride
84-80-0 Phylloquinone _ !.!!!Z!Z!!!ZZZ!ZZZ!!ZZZZZZZZZ a,e
57-47-6 Physostigmine ' ' "' '" '
57-64-7 Physostigmine. Salicylate (1:1) , !.!!!!!!!!!!! Z! e
124-87-fl Picrotoxin ; !ZZ!!!."Z".ZZZ!."ZZ."!!!Z e
1,000
1
1
1,000
1
1
1
100
1
1,000
10
1,000
1
10
1
1
1
1
1,000
1
1
e
1
1
1
1
1
100
100
1
1
10
1
1
100
1,000
1
1
1
1
1
1
100
1
100
10
1
1
10
1
1
100
1
1
1
1
1
1
1,000
1
1
1.000
1
1
1
1
500/10,000
500/10,000
10/10,000
10,000
500
10,000
1
100
100/10,000
1.000
100
10,000
500
100
1,000
100/10,000
10/10,000
10,000
10,000
100/10,000
100/10,000
500
500
100
10/10,000
10/10.000
100
100/10,000
500/10,000
500
10,000
10,000
100/10,000
500
500
500/10,000
100/10,000
100/10.000
500/10,000
500/10,000
500
1.000/10,000
500/10,000
100/10.000
100/10,000
10
100/10,000
100/10,000
10
10/10,000
100
500
500
100
500
500
500
100
500
500
10
1,000
10.000
100/10,000
100/10,000
500/10,000
-------
13402 Federal Register / Vol. 52, No. 77 / Wednesday, April 22. 1987 / Rules and Regulations
APPENDIX A.THE UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[Alphabetical Order]
CAS No.
110-89-4
5281-13-0
23505-41-1
10025-65-7
13454-96-1
10124-50-2
151-50-8
506-61-6
2631-37-0
106-96-7
57-57-8
107-12-0
542-76-7
70-69-9
109-61-5
1331-17-5
75-56-9
75-55-8
2275-18-5
95-63-6
129-00-0
140-76-1
504-24-5
1124-33-0
53558-25-1
10049-07-7
14167-18-1
107-44-8
7783-00-8
7791-23-3
563-41-7
3037-72-7
128-56-3
7631-89-2
7784-46-5
26628-22-8
124-65-2
143-33-9
62-74-8
131-52-2
13410-01-0
10102-18-8
10102-20-2
900-95-8
57-24-9
60-41-3
3689-24-5
3569-57-1
7446-09-5 '
7783-60-0
7446-11-9
7664-93-9
77_31_g
13494-80-9
7783-80-4
107-49-3
13071-79-6
70-00-2
597-64-8
75-74-1
509-14-8
1314-32-5
10031-59-1
6533-73-9
7791-12-0
Chemical name
piperidine <
Pjprotal
Pirimifos-Ethyl
Platinous Chloride
Potassium Arsenit0
Potassium Cyanide
Potassium Silver Cyanide
Pyridine, 2-Methyl-5-Vinyl-
Pyridine 4-Amino-
Pyridine, 4-Nrtro-, 1-Oxide
Sarin .. ซ
Semicarbazide Hydrochloride
Silane, (4-Aminobutyl)Diethoxymethyl-
Sodium Azida (Na(N3))
Sodium Cacodylate ..
Sodium Cyanide (Na(CN)) , ....
Sodium Fluoroacetats
Sodium Selenate ...
Sodium SelQnits
Sodium Tellurito
Strychnine
Stryohnln0i Sulfata
Sulfotep
Sulfoxida, 3-Chloropropyl Octyt
Sulfur Dtoxids
Sulfur Trloxlde
Sulfur Add
Tabun... ...
Tellurium Hexafluoride
TEPP
Tefbufos , ,
Tetraethyllead
Tetraethyltin
Tetramothyllsad : >
Tetranltromethane
Thallic Oxide
Thallium Sulfate -
Thaltous Carbonate ;....ซ
Thaltous Chloride _
Notes
e
e
e
a, e
a, e
d
b
b
e, h
e
e
e, q
e
a, e
I
d
e
a, e
c
e
h
e
e, h
a, e
e
e, h
e
e
e
a, e
d
d
b
e
b
e
e
h
e
e. a
c
e
e
e, I
e
b, e
c, e,
h
e
e, k
e, h
c, d
c, e
c, e, I
a
h
c, h
c. h
Reportable
quantity*
(pounds)
1
1
1
1
1
1,000
10
1
1
1
1
10
1,000
1
1
1
100
1
1
1
5,000
1
1,000
1
1
1
1
1
10
1
1
1
1
1,000
1,000
1,000
1
10
10
1
, 1
100
1
1
10
1
100
1
1
1
1
1,000
1
1
1
10
1
10
1
1
10
100
100
100
100
Threshold
planning quantity
(pounds)
1,000
100/10,000
1,000
10,000
10,000
500/10,000
100
500
500/10,000
10
500
500
1,000
100/10,000
500
10,000
10,000
10,000
100/10,000
10,000
1,000/10,000
500
500/10,000
500/10.000
100/10,000
10,000
500/10,000
10
1,000/10,000
500
1,000/10,000
1,000
10,000
, 1,000/10,000
500/10,000
500
100/10,000
100
10/10,000
100/10,000
100/10,000
100/10,000
500/10,000
500/10,000
100/19,000
100/10,000
500
500
500
100
100
1,000
10
500/10,000
100
100
100
100
100
100
500
10,000
100/10,000
100/10,000
100/10,000
-------
Federal Register / Vol. 52, No. 77 /Wednesday. April 22. 1987 / Rules and Regulations
APPENDIX A. THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES Continued
[Alphabetical Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
2757-18-8 Thallous Malonate c, e,
h
7446-18-6 Thallous Sulfate _
2231-57-4 Thiocarbazide ". e
21564-17-0 Thiocyanic Acid, 2-(Benzothiazolylthio)Methyl Ester a, e
39196-18-4 Thiofanox
640-15-3 Thiometon a, e
297-97-2 Thionazin
108-98-5 Thiophenol
79-19-6 Thiosemicarbazide '.
5344-82-1 Thiourea, (2-Chlorophenyl)-
614-78-8 Thiourea, (2-Methylphenyl)- e
7550-45-0 Titanium Tetrachtoride : e
584-84-9 Toluene 2,4-Diisocyanate
91-08-7 Toluene 2,6-Diisocyanate
110-57-6 Trans-1,4-Dichlorobutene '. '. e
1031-47-6 Triamiphos e
24017-47-8 Triazofos e
76-02-8 Trichloroacety Chloride e
115-21-9 Trichloroethylsilane e, h
327-98-0 Trichloronate ; e, k
98-13-5 Trichlorophenylsilane , _ : _ e, h
52-68-6 Trichlorophon a
1558-25-4 Trichloro(Chloromethyl)Silane _ e
27137-85-5 Trichloro(Dichlorophenyl)Silane e
998-30-1 Triethoxysilane e
75-77-4 Trimethylchlorosilane e
824-11-3 Trimethylolpropane Phosphite e, h
1066-45-1 Trimethyltin Chloride " e
639-58-7 Triphenyltin Chloride e
555-77-1 Tris(2-Chloroethyl)Amine e, h
2001-95-8 Valinomycin c, e
1314-62-1 Vanadium Pentoxide :
108-05-4 Vinyl Acetate Monomer d, I
3048-64-4 Vinylnorbornene a, e
81-81-2 Warfarin
129-06-6 Warfarin Sodium e, h
28347-13-9 Xylylene Dichloride : e
58270-08-9 Zinc, Dichloro(4,4-Dimethyl-5((((Methylamino) Carbonyl)Oxy)lmino)PentanenitrileK(T-4)-.. e
1314-84-7 Zinc Phosphide . _ b
100
1
1
100
1
100
100
100
100
1
1
100
100
1
1
1
1
1
1
1
100
1
1
1
1
1
1
1
1
1
1,000
5,000
1
100
1
1
1
100
100/10,000
100/10,000
1,000/10,000
10,000
100/10,000
10,000
500
500
100/10,000
100/10,000
500/10,000
100
500
100
500
500/10,000
500
500
500
500
500
10,000
100
500
500
1,000
100/10,000
500/10,000
500/10,000
100
1,000/10,000
100/10,000
1,000
10,000
500/10,000
100/10,000
100/10,000
100/10,000
500
*Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4
Notes:
a This chemical does not meet acute toxicity criteria. Its TPQ is set at 10,000 pounds.
b This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-solution form.
c The calculated TPQ changed after technical review as described in the technical support document.
d Indicates that the RQ is subject to change when the assessment of potential carcinogenicity and/or other toxicity is completed.
e Statutory reportable quantity for purposes of notification under SARA sect 304(a)(2).
f The statutory 1 pound reportable quantity for methyl isocyanate may be adjusted in a future rulemaking action.
g New chemicals added that were not part of the original list of 402 substances.
h Revised TPQ based on new or re-evaluated toxicity data.
j TPQ is revised to its calculated value and does not change due to technical review as in proposed rule.
k The TPQ was revised after proposal due to calculation error.
I Chemicals on the original list that* do not meet toxicity criteria but because of their high production volume and recognized toxicity are
considered chemicals of concern ("Other chemicals").
APPENDIX B.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES
[CAS Number Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
0
50-00-0
50-07-7
50-14-6
Organorhodium Complex (RMN-82-147).
Formaldehyde
Mrtornycin C
Ergocalciferol
e
d, I
d
c, e
1
1,000
1
1
10/10,000
500
500/10,000
1,000/10,000
-------
13304 Federal Re^sier / Vol. 52, ISfo. 77 / Wednesday, .AprJl 22, 1987 / Rules and Regulations
APPENDIX B.THE LIST OF EXTREMELY WAZARDOUSSUBSTANCES AND TWEIR THRESHOLD PLANNING QUANTITIESContinued)
[CAS Number Ortter]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
51-21-8 Fluorouraci! _ ; e
51-75-2 Mechlorethamine c e
51-83-2 Carbachol Chloride __ " e'
52-66-8 Trichtorophon !!!!!!!!!!!!!!!!!!!!!!!!!!!! a
53-86-1 Indomethacin ' ' a e
54-11-S Nicotine ZZZZZZZZZZ! c'
54-62-6 Aminopterin _ ZZZZ e
55-91-4 Isolluorphate c
56-25-7 Cantharidin _ e
56-38-2 Parathton ZZZZZZ"! c,d
56-72-4 Coumaphos !!!!!!!!!!!!!!!!!!
57-14-7 Dimethyihydrazine '. ,
-------
Federal Register / Vol. 52, No. 77 / Wednesday, April 22. 1987 / Rules and Regulations 13405
APPENDIX B.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[CAS Number Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
79-21-0
79-22-1
80-63-7
81-81-2
82-66-6
84-74-2
84-80-0
86-50-0
86-88-4
87-86-5
88-05-1
88-85-7
91-08-7
93-05-0
95-48-7
95-63-6
97-18-7
98-05-5
98-07-7
98-09-9
98-13-5
98-16-8
98-87-3
98-95-3
99-98-9
100-14-1
100-44-7
102-36-3
103-85-5
106-89-8
106-96-7
106-99-0
107-02-8
107-07-3
107-11-9
107-12-0
107-13-1
107-15-3
107-16-4
107-18-6
107-20-0
107-30-2
107-44-8
107-49-3
108-05-4
108-23-6
108-67-8
108-91-8
108-95-2
108-98-5
109-19-3
109-61-5
109-77-3
110-00-9
110-57-6
110-89-4
111-34-2
111-44-4
111-69-3
115-21-9
115-26-4
115-29-7
115-90-2
116-06-3
117-52-2
117-84-0
119-38-0
Peracetic Acid , ; e
Methyl Chloroformate d, h
Methyl 2-Chloroacrylate ; e
Warfarin ^ _
Diphacinone e
Dibutyl Phthalate a
Phylloquinone : a, e
Azinphos-Methyl
ANTU ; ,
Pentachlorophenol a, d
Aniline, 2,4,6-Trimethyl- e
Oinoseb
Toluene 2,6-Diisocyanate
Diethyf-p-Phenylenediamine a, e
Cresol, o- d
Pseudocumene af e
Phenol, 2,2'-Thiobis(4,6-Dich!oro-(4,6-dichloro)- e
Benzenearsonic Acid e
Benzotrichloride d
Benzenesulfonyl Chloride a
Trtehlorophenylsilane .. e, h
Benzenamine, 3-(Trifluoromethyl)- ป - e
Benzal Chloride d
Nitrobenzene I
Dimethyl-p-Phenylenediamine . e
Benzene, 1-(Chloromethyl)-4-Nitro- e
Benzyl Chloride d
Isocyanic Acid, 3,4-Dichlorophenyl Ester e
Phenylthiourea _
Epichlorohydrin d, I
Propargyl Bromide _ e
Butadiene a, e
Acrolein .
Chloroethanol e
Allylamine ; _ e
Propionitrile _
Acrylonitrile d, I
Ethylenediamine ;_.
Formaldehyde Cyanohydrin e, h
Allyl Alcohol
Chloroacetaldehyde .... a
Chloromethyl Methyl Ether c, d
Sarin _ e, h
TEPP .; ; ;..
Vinyl Acetate Monomer . d, I
Isopropyl Chloroformate e
Mesitylene a, e
Cyclohexylamine . e, I
Phenol
Thiophenol
Butyl Isovalerate a, e
Propyl Chloroformate e
Malononitrile
Furan
Trans-1,4-Dichlorobutene e
Piperidine e
Butyl Vinyl Ether .-. a, e
Dichloroethyl Ether d
Adiponitrile e, I
Trichloroethylsilarte e, h
Dimefox .. e
Endosulfan '
Fensulfothion e, h
Aldicarb . c
Coumafuryl a, e
Dioctyl Phthalate a
Isopropylmethylpyrazolyl Dimethylcarbamate e
1
1,000
1
100
1
10
1
1
100
10
1
1,000
100
1
1,000
1
1
1
1
100
1
1
5,000
1,000
1
1
100
1
100
1,000
1
1
1
1
1
10
100
5,000
1
100
1,000
1
1
10
5,000
1
1
1
1,000
100
1
1
1,000
100
1
1
1
1
1
1
1
1
1
1
1
5,000
1
500
500
500
500/10,000
10/10,000
10,000
10,000
10/10,000
500/10,000
10,000
500
100/10,000
100
10,000
1,000/10,000
10,000
100/10,000
10/10,000
100
10,000
500
500
500
10,000
10/10,000
500/10,000
500
500/10,000
100/10,000
1,000
10
10,000
500
500
500
500
10,000
10,000
1,000
1,000
10,000
100
10
100
1,000
1,000
10,000
10,000
500/10,000
500
10,000
500
500/10,000
500
500
1,000
10,000
10,000
1,000
500
500
10/10,000
500
100/10,000
10,000
10,000
500
-------
13406 Federal .Register / Vol. 52, -No. 77 f Wednesday, April 22, 1987 / Rules and Regulations
APPENDIX B.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES .AND THEIR THRESHOLD IPLANNING QUANTITIES'Continued
[CAS .Number Orders
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
122-14-5 Fenitrolhton : e
123-31-9 Hydroquinone I
123-73-9 CrotonaWehyde, (E)-......
124-65-2 Sodiurn Cacodylate e
124-87-3 Pfcrotoxfti e
126-98-7 Mothacrylonitrile h
128-56-3 Sodium Anthraquinone-1 -Sulfonale , a, e
129-00-0 Pyrena , c
129-06-6 Warfarin Sodium a, h
131-11-3 Dimethyl Phthalate - a
131-52-2 Sodium Pentachlorophenate e
140-29-4 Benzyl Cyanide a, h
140-76-1 Pyridtno. 2-Methyl-5-Vinyl- e
141-66-2 DJcrotophos , a i
143-33-9 Sodium Cyanide (Na.(CN)) b
144-49-0 Fluoroacelic Acid ~ e
149-74-6 D)ch)oromethyphenylsilane .a,*
297-78-9 Isobenzan e
297-97-2 ThJonazin
298-00-0 Parathion-'MBthyl -c
2S8-02-2 Phorata j
298-04-4 Disulfoton ..
300-62-9 Amphetamine yridine, 4-Amino- h
505-60-2 Mustard *Gas fi, .h
506-61-6 Potasskm Silver Cyanide _ b
506-68-3 "Cyanogen Bromide - _ ,
506-78-5 -Cyanogen todide e
509-14-8: Tetranltromethane ...._..,
514-73-6 'Dithiazanine Iodide e
534-07-6 -BisKChloromethyl) Ketone e
534-52-1' Dinitrocresdl _ '.
535-89-7 Crimidine e
538-07-8 ehylbis(2-Chloroethyl)Am"me a, h
541-25-3 'Lewisite , c, e,
. h
541-53-7 TDithfobiuret _. , I
542-76-7 Pfoptenitrile, 3-ChIoro-
542-88-1 tailoromethyl Ether d, h
542-90-5 Ethylthiocyanate a
555-77-1' Trr3(2-Crtloroethyl)Amine.._ a, h
556-61-6' Methyl Hsothiocyanate h, e
556-64-9' Methyl Thiocyanate _ ,..., e
558-25-8' 'Melhanesulfonyl Fluoride a
563-12-2 Ethlon- - - ,
563-41-7; SemlcaTbazide Hydrodhlorida .". , e
584-84-9 Toluene 2,4-Diisocyanate - ,
594-42-3 "Pwchloromethylmercaptan ~ _... ซ.. ~,
597-64-8- Tetraethyfitn _ : . j ซ,ซ
1
1
100
1
1
1
5,000
1
ฃ,000
1
1
1
1
10
1
1
10
1
100:
1
1
too
10
1
1
1
1
1JOOO
1
11
1
1
1
1'
1 !
1
1
IjOOO <
.1.
1
1,000
1
10
1
1
10 i
1'
100
1,000
fl
1
4
fl
JO
1
100!
wo i
1
500
500/tO;000
1,000
100/10,000
500/10,000
500
10,000
1,000/10,000
ioo/tO;000
10,000
100/10,000
500
500
100
100
W/10;000
1,000
500/10,000-
100
500
100
10,000
100/10,0ฎ0
500
10ฎ/10,000
10
500
1,000
1,000
500/10,000
500/1'0;000
1/WiOOO
500
1,000
10
10
100/10.-000
500
509/10,000
500/10,000
500
'508
500/10,000
tjOOO/10,000
'500
500/TO.OOO
10/10)000
KJ/tOjOOO
H 00/10,089
500
10
100/10,000
1,600
100
100
500
1,000
1,000
500
'500
*00
-------
April 22, 1987 / Rules and Regulations 13407
APPENDIX B. THE LJST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES Continued
[CAS Number Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
614-78-8
624-83-9
624-92-0
625-55-8
627-11-2
630-60-4
633-03-4
639-58-7
640-15-3
640-19-7
644-64-4
646-06-0
675-14-9
676-97-1
696-28-6
732-11-6
76Q-S3-0
785-19-6
814-49-3
814-68-6
824-11-3
900-95-8
919-86-8
920-46-7
944-22-9
947-02-4
950-10-7
950-37-8
991-42-4
998-30-1
999-61-5
1031-47-6
1066-45-1
1122-60-7
1124-33-0
1129-41-5
1303-28-2
1306-19-0
1314-32-5
1314-56-3
1314-62-1
1314-84-7
1327-53-3
1331-17-5
1335-87-1
1397-94-0
1405-87-4
1420-07-1
1464-53-5
1558-25-4
1563-66-2
1600-27-7
1622-32-8
1642-54-2
1752-30-3
1910-42-5
1982-47-4
2001-95-8
2032-65-7
2074-50-2
2097-19-0
2104-64-5
2223-93-0
2231-57-4
2235-25-8
2238-07-5
2244-16-8
Thtourea, (2-Methylphenyl)- e
Methyl Isocyanate , f
Methyl Disulfide - e
Isopropyl Formate a
Chloroethyl Chloroformate e
Quabain , .................,...............,..,._,.....,.............. c, e
C. I. Basic Green 1 ~ a, e
Triphenyltin Chloride , e
Thiometon a, e
Fluoroacetamide , j
Dimetitan u ป..ป.,.ปป..*,..ป .....ป.ปปปป*>...ปปป..'.>. 9
Dioxolane ซ .*ปป,..,..ป......ป,.,...>ป.......,ป...... A, 6
Cyanuric Fluoride.. e
Methyl Phosphonic Dtehtoride b, e
Phenyl Oichloroarsirte ~ d, h
Phosmet e
Methacrylic Anhydride , ,....... e
Carbophenothion...... _ e
Diethyl Chlorophosphate......_ ซ.ป....ป.......~....- e, h
Acrylyl Chloride _ :_ e, h
Trimethylolpropane Phosphite ........_....... e, n
Stannane, AceSoxytriphenyl- e, g
Demeton-S-Methyl.- e
Methacryloyl Chloride - e
Fonofos ~ _.. e
Phosfolan ._... e
Mephosfolan e
Methidathion ,.... ;. e
Norbormide. ~ e
Triethoxysilane e
Chlormequat Chloride ...... , _ e, h
Triamiptios _ ._._ซ.. e
Trimethyltin Chloride ~ ....._......_....__._ e
Nitrocyctohexane _ __........_......... e
Pyridine, 4-Nitro-, 1 -Oxide __.. _............... .. e
Metolcarb _................ p. ซ..... e
Arsenic Pentoxide ..._ ..... .................,........... d
Cadmium Oxide ;.... . e
Thallfc Oxide ......_...__.......... _ .. _. a
Phosphorus Pentoxide....., b, e
Vanadium Pentoxide
Zinc Phosphide b
Arsenous Oxide d, h
Propylene Glycol, AUyl Ether : a, e
Hexachloronaphthatene .... _ a, e
Antimycin A c, e
Bacitracin .._ a, e
Dinoterb ; e
Diepoxybutane d
Trichtoro(Chloromethyl)Silane e
Carbofuran
Mercuric Acetate e
Ethanesulfonyl Chloride, 2-Chkjro- e
Diethylcarbamazine Citrate e
Acetone Thiosemicarbazide - e
Paraquat e
Chloroxuron e
Valinomycin c, e
Methiocarb
Paraquat Methosulfate e
Phenylsilatrane e, h
EPN _ e
Cadmium Stearate c, e
Thiocarbazide e
Ethylmercuric Phosphate. a, e
Diglycidyl Ether , e
Can/one.-..- a, e
1
1
1
1
1
1
1
1
1
100
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
5,000
1
100
1
1.000
100
5,000
1
1
1
1
1
1
1
10
1
1
1
1
1
1
1
10
1
1
1
1
1
1
1
1
500/10,000
500
100
500
1,000
100/10,000
10,000
500/10,000
10,000
100/10,000
500/10,000
10,000
100
100
500
10/10,000
500
500
500
100
100/10,000
500/10,000
500
100
500
100/10,000
500
500/10.000
100/10,000
500
100/10,000
500/10,000
500/10,000
500
600/10,000
100/10,000
100/10,000
100/10,000
10,000
10
100/10,000
500
100/10.000
10,000
10,000
1,000/10,000
10,000
500/10,000
500
100
10/10,000
500/10,000
500
100/10,000
1,000/10,000
10/10,000
500/10,000
1,000/10,000
500/10,000
10/10,000
100/10,000
100/10,000
1,000/10,000
1,000/10,000
10.000
1,000
10,000
-------
13408 Federal Register / Vol. 52. No. 77 / Wednesday. April 22, 1987 / Rules and Regulations
APPENDIX B.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[CAS Number Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
2275-18-5 Prothoate e
2497-07-6 Oxydisulfoton e, h
2524-03-0 Dimethyl Phosphorochloridothioate e
2540-82-1 Formothton e
2570-28-5 Pentadecylamine e
2587-90-8 Phosphorothioto Add, O.O-Dimethyl-S-(2-Methylthio) Ethyl Ester c, e,
9
2631-37-0 Promecarb e, h
2638-28-2 Cyanophos /. e
2542-71-9 Azinphos-Ethyl e
2665-30-7 Phosphonothioic Acid, Methyl-,O-(4-Nitrophenyl) O-Phenyl Ester e
2703-13-1 Phosphonothioic Acid, Methyl-.O-Ethyl O-(4-(Methylthio)Phenyl) Ester e
2757-18-8 Thallous Malonate c, e,
h
2763-96-4 Muscimol a, h
2778-04-3 Endothion e
3037-72-7 Silane, (4-Aminobutyl)Diethoxymethyl- e
3048-64-4 Vinylnorbornene a, e
3254-63-5 Phosphoric Acid, Dimethyl 4-(Methylthio) Phenyl Ester e
3569-57-1 Sulfoxide, 3-Chloropropyl Octyl e
3815-21-2 Benzimidazole, 4,5-Dichloro-2-CTrifluoromethyl)- e, g
3689-24-5 Sulfotep
3891-35-8 Chlorophacinone e
3734-97-2 Amiton Oxalate e
3735-23-7 Methyl Phenkapton e
3876-19-1 Fuberidazole e
4044-65-9 Bitoscanata e
4098-71-9 Isophorone Diisocyanate b, e
4104-14-7 Phosacetim e
4170-30-3 Crotonaldehyde
4301-50-2 Fluonetil e
4418-68-0 Phenol, 2,2'-Thiobis(4-Chloro-6-Methyl)- e
4835-11-4 Hexamethylenediamine, N,N'-Dibutyl- e
5281-13-0 Plprotal e
5344-82-1 Thiourea, (2-Chlorophenyl)-
5836-29-3 Coumatetralyl e
6533-73-9 Thallous Carbonate , c, h
6923-22-4 Monocrotophos e
7440-02-0 Nickel a, d
7440-48-4 Cobalt _ a, e
7446-09-5 Sulfur Dioxide e, I
7448-11-9 Sulfur Trtoxide , b, e
7446-18-6 Thallous Sulfate
7487-94-7 Mercuric Chloride e
7550-45-0 Tttanlum Tetrachloride e
7580-67-8 Lithium Hydride b, e
7631-89-2 Sodium Arsenate ป d
7637-07-2 Boron Triftuoride e
7647-01-0 Hydrogen Chloride (Gas Only) e, I
7664-39-3 Hydrogen Fluoride
7664-41-7 Ammonia I
7664-93-9 SulfuricAcid _
7697-37-2 Nitric Acid
7719-12-2 Phosphorus Trichloride
7722-84-1 Hydrogen Peroxide (Cone >52%) e, I
7723-14-0 Phosphorus b, h
7728-95-6 Bromine e, I
7778-44-1 Calcium Arsenate d
7782-41-4 Fluorine k
7782-50-5 Chlorlna
7783-00-8 Selentous Acid
7783-06-4 Hydrogen Sulfide : I
7783-07-5 Hydrogen Selenide e
7783-60-0 Sulfur Tetrafluoride e
7783-70-2 Antimony Pentafluoride e
7783-80-4 Tellurium Hexafluoride , e, k
7784-34-1 Arsenous Trichloride d
1,000
1
1
1
1
1
1
100
1
1
1
1
1
1
1
100
1
1
1
1
100
1
100
1
1
1
1
1
100
1
1
1
1,000
1
1
100
100
1,000
1,000
1,000
1
1
1
1,000
10
10
10
100
1
1
1
1
5,000
100/10,000
500
500
100
100/10,000
500
500/10,000
1,000
100/10,000
500
500
100/10,000
10,000
500/10,000
1,000
10,000
500
500
500/10,000
500
100/10,000
100/10,000
500
100/10,000
500/10,000
100
100/10,000
1,000
100/10,000
100/10,000
500
100/10,000
100/10,000
500/10,000
100/10,000
10/10,000"
10,000
10,000
500
100
100/10,000
500/10,000
100
100
1,000/10,000
500
500
100
500
1,000
1.000
1,000
1,000
100
500
500/10,000
500
100
1,000/10,000
500
10
100
500
100
500
-------
Federal Register / Vol. 52. No. 77 / Wednesday. April 22. 1987 / Rules and Regulations 13409
APPENDIX B.THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIESContinued
[CAS Number Order]
CAS No.
Chemical name
Notes
Reportable
quantity*
(pounds)
Threshold
planning quantity
(pounds)
7784-42-1 Arsine e
. 7784-46-5 Sodium Arsenite d
7788-34-7 Mevinphos .........._.................,............._......ซ..._,..-.....-......
7791-12-0 Thaltous Chloride _ .-. c, h
7791-23-3 Selenium Oxychloride ......................._....._.......,...............ซ............ a
7803-51-2 Phosphine ; _
8001-35-2 Camphechtor .". d
8023-53-8 Dichlorobenzalkonium Chloride a, e
8065-48-3 Demeton ..,............ ..........._,...._........._..-.... e
10025-65-7 Plantinous Chloride a, e
10025-73-7 Chromic Chloride -__. e
10025-87-3 Phosphorus Oxychloride ..._........._....._...................,.............................................- d
10025-97-5 Indium Tetrachloride ......,.,....,.,_[[[ a,e
10026-13-8 Phosphorus Pentachtoode..._..-..,.............. b, e
10028-15-6 Ozone _ _ _. ~ e
10031-59-1 Thallium Sulfate _ _ .... h
10049-07-7 Rhodium Trichloride a,e
10102-18-8 Sodium Selenite .. , ._ _ ......._,. h
10102-20-2 Sodium Tellurite e
10102-43-9 Nitric Oxide . c
10102-44-0 Nitrogen Dioxide
10124-50-2 Potassium Arsenite d
10140-87-1 Ethanol, 1,2-Dichloro-, Acetate _ _ e
10210-68-1 Cobalt Carbonyl ". e, h
10265-92-6 Methamidophos e
10294-34-5 Boron Trichloride e
10311-84-9 Dialifor e
10476-95-6 Methacrolein Diacetate e
12002-03-8 Paris Green d
12108-13-3 Manganese, Tricarbonyl Methylcyclopentadienyl e, h
13071-79-9 Terbufos e, h
13171-21-6 Phosphamidon e
13194-48-4 Ethoprophos e
13410-01-0 Sodium Selenate _ e
13450-90-3 Gallium Trichloride e
13454-96-1 Platinum Tetrachloride _ a, e
13463-39-3 Nickel Carbonyl- d
13463-40-6 Iron, Pentacarbonyl e
13494-80-9 Tellurium _ _ e
14167-18-1 Salcomine e
15271-41-7 Bicyclot2.2.1]Heptane-2-Carbonitrile, 5-Chloro-6-(((Methylamino)Carbonyl)Oxy)lmino)-, e
(1s-0 -alpha, 2-beta, 4-alpha, 5-alpha, 6E))-.
16752-77-5 Methomyl h
16919-58-7 Ammonium Chloroplatinate a, e
17702-41-9 Decaborane(14) e
17702-57-7 Formparanate e
19287-45-7 Diborane e
19624-22-7 Pentaborane e
20816-12-0 Osmium Tetroxide >.. a
20830-75-5 Digoxin e, h
20859-73-8 Aluminum Phosphide b
21548-32-3 Fosthietan e
21564-17-0 Thiocyanic Acid, 2-(Benzothiazolylthio)Methyl Ester a, e
21609-90-5 Leptophos e
21908-53-2 Mercuric Oxide e
21923-23-9 Chlorthiophos e, h
22224-92-6 Fenamiphos e .
23135-22-0 Oxamyl e
23422-53-9 Formetanate Hydrochloride e,h
23505-41-1 Pirimifos-Ethyl e
24017-47-8 Triazofos e
24934-91-6 Chlormephos e
26419-73-8 Carbamic Acid, Methyl-, O-(((2,4-Dimethyl-1, 3-Dithiolan-2-yl)Methylene)Amino)- e
26628-22-8 Sodium Azide (NaW) b
27137-85-5 Trichloro(Dichlorophenyl)Sitane e
28347-13-9 Xylylene Dichloride e
28772-56-7 Bromadiolone e
1
1,000
10
100
1
100
1
1
1
1
1
1,000
1
1
1
100
1
100
1
10
10
1,000
1
1
1
1
1
1
100
1
1
1
1
1
1
1
1
1
1
1
1
100
1
1
1
1
1
1,000
1
100
1
1
1
1
1
1
1
1
1
1
1,000
100
500/10,000
500
100/10,000
500
500
500/10,000
10,000
500
10,000
1/10,000
500
10,000
500
100
100/10,000
10,000
100/10.000
500/10,000
100
100
500/10,000
1,000
10/10,000
100/10,000
500
100/10,000
1,000
500/10,000
100
100
100
1,000
100/10,000
500/10,000
10,000
1
100
500/10,000
500/10,000
500/10,000
500/10,000
10,000
500/10,000
100/10,000
100
500
10,000
10/10,000
500
500
10,000
500/10,000
500/10,000
500
10/10,000
100/10,000
500/10,000
1,000
500
500
100/10,000
500
500
-------
13410 Federal Register / Vol. 52. No. 77 / Wednesday. April 22, 1987 / Rules and Regulations
APPENDIX B. THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES Continued
[CAS Number Order]
CAS No.
00674-80-7
3919S-18-4
50782-69-9
53558-25-1
58270-08-9
62207-76-5
Chemical name
Mothacryloyloxyethyl Isocyanate
Thfofanox . .
Phosphonothioto Acid. Methyl-, S-(2-(Bis(1-Methylethyl)Amino)Ethyl) O-Ethyl Ester
Pyriminil
Zinc. Dtehtoro(4.4-Dimethyl-5((((Methylamino)Carbonyl)Oxy)lmino)Pentanenitrile)-, (T-4)-..
Cobalt. ((2,2'-(1.2-Ethanediylbis(Nitrilornethylidyne))Bis(6-Fluorophenolato))(2-)-
N.N'.O.O1)-.
Notes
e h
e
e h
e
e
Reportable
quantity*
(pounds)
1
100
1
)
1
1
Threshold
planning quantity
(pounds)
100
100/10000
100
100/10000
100/10,000
100/10,000
Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4.
Notes:
a This chemical does not meet acute toxicity criteria. Its TPQ is set at 10,000 pounds.
b This material is a reactive solid. The TPQ does not default to 10,000 pounds for non-powder, non-molten, non-solution form.
c Tha calculated TPQ changed after technical review as described in the technical support document.
d Indicates that the RQ is subject to change when the assessment of potential carcinogenicity and/or other toxicity is completed.
e Statutory reportable quantity for purposes of notification under SARA sect 304(a)(2).
f The statutory 1 pound reportable quantity for methyl isocyanate may be adjusted in a future rulemaking action.
a New chemicals added that were not part of the original list of 402 substances.
n Revised TPQ based on new or re-evaluated toxicity data.
j TPQ is revised to its calculated value and does not change due to technical review as in proposed rule.
k Trvป TPQ was revised after proposal due to calculation error.
I Chemicals on trie original list that do not meet the toxicity criteria but'because of their high production volume and recognized toxicity are
considered chemicals of concern ("Other chemicals").
[FR Doc. 87-9069 Filed 4-20-87:11:24 am]
IU1NQ CODE tSM-50-M
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i5412
Corrections
Federal Register
Vol. 52, No. 81
Tuesday, April 28, 1987
This section of the FEDERAL REGISTER
contains editorial corrections of previously
published Presidential, Rule, Proposed
Rule, and Notice documents and volumes
of the Code of Federal Regulations.
These corrections are prepared by the
Office of the Federal Register. Agency
prepared corrections are issued as signed
documents and appear in the appropriate
document categones elsewhere in the
issue.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 300 and 355
[FRL-3173-6]
Extremely Hazardous Substances Ust
and Threshold Planning Quantities;
Emergency Planning and Release
Notification Requirements
Correction
In rule document 87-9089 beginning on
page 13378 in the issue of Wednesday,
April 22,1987, make the following
corrections:
1, On page 13385, in the second
column, in the next to the last
paragraph, in the second line,
"important" should read "import".
PART 355-[CORRECTED]
Appendix A[Corrected]
2. On page 13398, in Appendix A, in
the entry for CAS No. 62207-76-5, remove
the extra spaces after "Cobalt," and
"Ethanediylbis".
3. On page 13401, in the entry for CAS
No.4418-66-0, the Chemical name should
read '/Phenol,2,2'-Thiobis(4-Chloro-6-
Methyl)-".
Appendix B[Corrected]
4. On page 13405, in Appendix B, in
the entry for CAS No. 97-18-7, the
Chemical name should read
"Phenol,2,2'-Thiobis(4.6-dichloro)-".
5. On page 13410. in the entry for CAS
No, 62207-76-5, remove the extra spaces
after "Cobalt".
For an Environmental Protection
Agency correction to this document, see
the Rules Section of this issue,
BILLING CODE 1SOS-01-O
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 522
Implantation or Injectabf* Dosage
Form New Animal Drugs Not Subject
to Certification; Amikactn Sulfate
Injection
Correction
In rule document 87-8115 appearing on
page 11816 in the issue of Monday, April
13,1987, make the following corrections:
1. In the second column, under
SUPPLEMENTARY INFORMATION, in the
llth line, "coir was misspelled.
ง522.56 (Corrected]
2. In the third column, in ง 522.56(a), in
the third line, "or" should read "of.
BILLING CODE 1SOS-01-O
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
National Airspace Review
Enhancement Program; Advisory
Committee Meeting
Correction
In notice document 87-8113 appearing
on page 11905 in the issue of Monday,
April 13,1987, make the following
correction:
In the first column, under FOR
FURTHER INFORMATION CONTACT, in the
fifth line, the telephone number should
read "(202) 267-3146".
BILLING CODE 150S-01-O
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Federal Register / Vol. 52, No. 81 / Tuesday, April 28, 1987 / Rules and Regulations
15321
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part* 300 and 355
IFRL-3193-3]
Extremely Hazardous Substances List
and Threshold Planning Quantities;
Emergency Planning and Release
Notification Requirements; Correction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; correction. _
SUMMARY: The Agency published two
Appendices to a final regulation at 52 FR
1337? (April 22, 1987). This document
corrects an error in Appendix A to Part
355.
FURTHER INFORMATION CONTACT:
Richard A. Homer at (202) 382-7945.
OiteJs April 24. 1987.
Djvlii Speight?,
Preparedness Staff
Accordingly, in FRL-3173-6 published
in Federal Register, April 22, 1987, we
make the following correction to
Appendix A of Part 355. In the entry on
page 13402. for CAS No. 7664-93-9,
"Sulfur Acid" should read "Sulfuric
Acid."
Please note that additional corrections
to this document are published
elsewhere in the Corrections Section of
this issue of the Federal Register.
(FR DOC. 87-W40 Filed 4-27-B7; 8:45 am]
MUUMO CODE UW-SO-H
NATIONAL RAILROAD PASSENGER
CORPORATION (AMTRAK)
49 CFR Part 701
Freedom of Information Act; Schedule
of Fees and Other Administrative
Changes
AGENCY: National Railroad Panenger
Corporation (Amtrak or the
Corporation).
ACTION: Final rule.
SUMMARY: The National Railroad
Passenger Corporation (NRPC), also
known as Amtrak. proposed
amendments to its rules concerning the
Freedom of Information Act (FOIA) to
incorporate recent changes to the Act
regarding the establishment of fees
charged for the search, review, and
duplication of records in response to
FOIA requests. The rules follow the
guidelines established by the Office of
Management and Budget and the
Department of Justice. In addition,
Amtrak proposed to amend its
regulations to reflect certain
administrative changes within the
Corporation. Amtrak is adopting the
proposed rule changes as final.
EFFECTIVE DATE May 25.1987.
SUPPLEMENTARY INFORMATION: The
Freedom of Information Reform Act of
1986 (Pub. L 99-570) requires agencies
to amend their regulations of FOIA fees
in conformance with OMB guidelines on
uniform FOIA fees issued pursuant to
this act. The terms, definitions, and fee
schedules of this rule are fully
consistent with OMB's notice (52 FR
1992, January 16,1987} and final
publication of fee schedule and
guidelines (52 FR 10012, March 27.1987),
and guidelines issued by the Department
of Justice in its "New Fee, Waiver Policy
Guidance" issued on April 2,1987. In
addition, NRPC amended its regulations
to reflect certain administrative changes
within the Corporation. NRPC is
adopting its proposed rule changes
published on pages 13068-68 in the
Federal Register since no comments
were received during the designated
comment period. Only minor technical
changes have been made in the final
rules from the proposed rules published
by NRPC.
FOR FURTHER INFORMATION CONTACT:
Medaris Oliveri. FOIA Officer, (202)
383-3991.
List of Subjects in 49 CFR Part 701
Freedom of Information.
49 CFR Part 701 is amended as
follows:
PART 701{AMENDED]
1. The authority citation for Part 701 is
revised to read as follows: -
Authority: 5 U.S.C. 552 as amended by
sections 1801-1804 of the Omnibut Anti-Drug
Abuae Act of 1986 (Pub. L. 90-570) which
contains the Freedom of Information Reform
Act of 1986 and Sec. 306(g) of the Rail
Passenger Service Act, 45 U.S.C. 546(g).
S 701.2 (Amended]
2. In ง 701.2, the definition of
"President" in paragraph (b) is revised
to read as follows: "President means the
President of the Corporation or his
delegee."
J 701.3 [Amended]
3. In ง 701.3(a), remove the
expressions "the FOIA" and "the
Freedom of Information Act" and
substitute in its place the word "law."
4. S 701.3, paragraph (b) is revised to
read as follows: "(b) A requested record
of the Corporation may be withheld
from disclosure if it comes within one or
more of the exemptions in 5 U.S.C.
552(b) or is otherwise exempted by
law."
ง 701.4 [Amended]
5. In ง 701.4. paragraph (a)(4) is
revised to read as follows: "(4) The
request shall be addressed to the
Freedom of Information Officer,
National Railroad Passenger
Corporation, 400 North Capitol Street,
NW., Washington, DC 20001."
6. In ง 701.4, paragraph (c), remove the
expression "employee handling the
request" and substitute in its place the
expression "Freedom of Information
Officer."
7. In 5 701.4, paragraph (d) is revised
to read as follows: "(d) The submission
of a FOIA request constitutes an
agreement by the requester to pay the
fees specified in ง 701.7 unless the
requester is entitled to a fee waiver or
specifies in the request a different
amount to which the Corporation agrees
in writing."
8. In $ 701.4, a new paragraph (e) is
added to read as follows: "(e) Searches
will be made for requested records in
order of receipt. Each so-called
'continuing request' will be treated as a
one-time request."
9. Section 701.7 is revised to read as
follows:
ง701.7 Fees.
(a) Categories of requesters. There are
four categories of FOIA requesters:
commercial use requesters;
representatives of news media:
educational and noncommercial
scientific institutions: and all other
requesters. The time limits for
processing requests shall begin upon
receipt of a proper request by the
Freedom of Information Office which
reasonably describes the records sought
and which identifies the specific
category of the requester. The Freedom
of Information Reform Act of 1988
prescribes specific levels of fens for
each of these categories.
(1) Commercial use requester. When
records are requested for commercial
use, the fee policy of NRPC is to levy full
allowable direct costs for search, review
for release, and duplication of records
sought. Commercial users are not
entitled to two hours of free search time
nor 100 free pages of reproduction of
documents nor waiver or reduction of
fees based on an assertion that
disclosure would be in the public
interest. Commercial use is defined as
use that furthers the commercial, trade
or profit interests of the requester or
person on whose behalf the request is
made. In determining whether a
requester falls within the commercial
use category, NRPC shall first look to
the use to which a requester will put the
documents requested. Where a
requester does not explain the use or
where explanation is insufficient. NRPC
may draw reasonable inferences f:om
ซU.S.CX)VH
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