OTSFR021688
Tuesday
February 16, 1988
Part II
Environmental
Protection Agency
40 CFR Part 372
Toxic Chemical Release Reporting;
Community Right-to-know; Final Rule
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4500 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
IOPTS-400002A; FHL 32M-21
Toxic Chemical Release Reporting;
Community Right-to-know
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This rule contains the
uniform toxic chemical release reporting
form as required by section 313 of Title
III of the Superfund Amendments and
Reauthorization Act of 1986. Section 313
requires that owners and operators of
certain facilities that manufacture,
import, process, or otherwise use certain
toxic chemicals report annually their
releases of those chemicals to each
environmental medium. This rule also
requires certain suppliers of toxic
chemicals to notify recipients of such
chemicals in mixtures and trade name
products.
DATE: This rule is effective March 17,
1988.
FOR FURTHER INFORMATION CONTACT:
Sam K. Sdsnett, Deputy Project
Coordinator (TS-779), Emergency
Planning and Community Right-to-Know
Hotline, Environmental Protection
Agency, Room. WH 562A. 401 M Street.
SVV. (Washington, DC 20460. (800-535-
0202). In Washington, DC and Alaska,
202-479-2449).
SUPPLEMENTARY INFORMATION:
I. Authority
The Agency is promulgating this rule
pursuant to sections 313 and 328 of Title
111 of the Superfund Amendments and
Re.iuthorizaticn Act of 1986, Pub. L. 99-
499 (42 U S C. 11013 and 11028). Title III
is dlso tiMed "The Emergency Planning
and Community Right-To-Know Act of
1986." Section 313 of Title III requires
owners and operators of covered
facilities to report annually their
releases of listed toxic chemicals.
Section 313 also specifies that EPA must
publish a uniform toxic chemical release
form. In addition, section 328 provides
EPA with the authority to promulgate
such regulations as may be necessary to
carry out the purposes of Title IIJ.
II. Background
A. Regulatory History and Summary of
Public Participation
On October 17.1986, the President
signed into law the Superfund
Amendments and Reauthorization Act
of 1986 (SARA). Pub. L. 99-499. The
major function of this legislation is to
amend and reauthorize provisions of the
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980 (CERCLA). However, Title
111 of SARA is a free-standing statute
(not part of CERCLA) that is titled "The
Emergency Planning and Community
Right-To-Know Act of 1986." In general.
Title III contains authorities relating to
emergency planning, emergency
notification, community right-to-know
on chemicals, and a toxic chemical
release inventory.
The focus of this rule is the toxic
chemical release inventory provision
contained in section 313 of Title III of
SARA. Section 313 requires owners and
operators of certain facilities that
manufacture, process, or otherwise use «
listed chemical to report annually their
releases of such chemicals to any
environmental medium. The reports are
to be sent to both EPA and the State in
which the facility is located. The basic
purpose of this provision is to make
available to the public information
about releases of certain toxic chemicals
that result from operations of certain
facilities in their community.
EPA issued a proposed rule, published
in the Federal Register of June 4,1987 (52
FR 21152). The proposed rule contained
the toxic chemical release inventory
reporting form and interpretive
requirements for reporting. The
preamble of the proposed rule outlined
the public participation activities that
led up to the development of the
proposal. After publication. EPA
received over 100 written comments on
the proposed rule. In addition, EPA held
public meetings m Washington. DC,
Chicago, 11, and San Francisco, CA.
Attendees at these meetings presented
oral comments representative of wide
range of interests including the affected
industry, environmental and other
public interest groups. State and local
governments, and individual citizens.
In addition, EPA has held other
meetings with, and received other
communications from, interested parties.
B. Overview of Final Rule Requirements
The reporting requirements of this rule
apply to owners and operators of
covered facilities that manufacture,
process, or otherwise use listed toxic
chemicals. A covered facility is one that:
Has 10 or more full-time employees.
Is in SIC codes 20 through 39.
Exceeds an applicable manufacture,
process, or use threshold.
EPA interprets "in SIC codes 20
through 39" to relate to the primary SIC
code of the facility. If the facility is
comprised of multiple establishments,
facility coverage is based on a relative
comparison of the value of products
shipped and/or produced at 20 through
39 establishments versus non-20 through
39 establishments in that facility.
EPA has included a definition of "full-
time employee" and guidance on
determining SIC coverage.
EPA has not included a small business
exemption in this rule different from that
provided by section 313. However, the
Agency is allowing reporting in ranges
for releases to an environmental
medium and for off-site transfers of
wastes that are below 1.000 pounds per
year. EPA expects that small businesses
will benefit most from this provision.
The range reporting is for calendar years
1987. 1988, and 1989 only.
The thresholds are those provided by
the statute:
For manufacturing or processing as
defined—75.000 pounds for 1987. 50,000
pounds for 1988. 25,000 pounds per year
for 1989 and thereafter.
For toxic chemicals otherwise used
the threshold is 10.000 pounds per year
for all years.
Reports must be submitted annually
on or before July 1 for the preceding
year's data.
The chemicals subject to reporting
initially are those chemicals as provided
by section 313(c). with certain technical
modifications.
Additions or deletions of chemicals
from the list may result from petitions or
EPA's own review of the list. Any such
changes will be by notice and comment
rulemakir.g, and EPA will identify the
reporting years which they apply.
Mixtures and trade name products
imported, processed, or used at a facilitv
must be evaluated for the presence of
listed toxic chemicals. However, EPA
has applied a de mtnimis concentration
limitation of 1 percent (or 0.1 percent if
the chemical is a carcinogen) consistent
with the Occupational Safety and
Health Administration (OSHA) Hazard
Communications Standard (HCS) in 29
CFR 1910.1200. Toxic chemicals present
in concentrations below the de minimis
limit do not have to be factored into
threshold and release reporting
calculations.
In relation to reporting on mixtures,
EPA has developed a supplier
requirement. Owners or operators of
facilities in SIC codes 20 through 39 who
supply mixtures or trade name products
containing listed toxic chemicals must
notify their customers about the
presence and concentration of those
chemicals in their products. However,
the de nunimis limit as described above
also applies to this requirement. The
supplier notification requirement !dkes
effect wtth the first product shipment .n
1980.
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Federal Register / Vol. 53, No. 30 / Tuesday, February 16, 1988 / Rules and Regulations 4501
Certain definitions have been
modifed. The definition of "article" has
been revised to more closely parallel the
OSHA HCS article definition. In
addition, article processing or use is
exempt from threshold and release
determinations under this rule.
However, respondents must pay careful
attention to the non-release criteria in
this definition.
The definition of "manufacture"
retains the interpretation that
coincidentally produced impurities and
other byproducts must be accounted for.
However, the consideration of an
impurity is subject to the above-
referpnced de minimi's limitation. This
de minimi's limitation does not apply to
the byproducts produced coincidentally
as a result of manufacturing, processing,
use. waste treatment, or disposal.
EPA has attempted to clarify the
differences between processing and use.
Processing activities are basically those
that incorporate a chemical into a
product for distribution in commerce.
Use activities are primarily non-
incorporative activities.
A new part of the rule is an
exemptions section. The major function
of this section is to outline activities that
are not subject to certain requirements.
In particular, this section exempts
activities in laboratories from threshold
and release determinations.
There are a number of specific
changes from the proposed rule in Form
R, the Toxic Chemical Release Inventory
Reporting Form. The form is more
modular in design in order to reduce the
frequency of the same information
having to be filled in for each chemical-
specific submission. Other specific
changes are as follows:
1. The certification statement (Part I,
Section 2) has been modified.
2. The facility identification section of
the form (Part 1, Section 3) contains the
name and telephone number of a public
contact person for the facility. In the
first reporting year, if this information is
available, the facility must provide its
latitude and longitude. In subsequent
years, if this information is not readily
available, the facility must develop it
and provide it.
3. In the chemical identity section of
the form (Part IIL Section 1) one change
in the reporting requirements affects the
generic chemical identity to be provided
in cases where the specific chemical
identity is claimed trade secret. The
respondent is to develop its own generic
chemical name rather than using a
predefined generic name as EPA had
proposed. The generic name is to be
structurally descriptive of the chemical.
Reporting may also be based on a
generically identified mixture or trade
name product component. (See Part III,
Section 2 of the form.) This reporting
would occur in cases where a user has
information that a genencally identified
component of a mixture or trade name
product is a section 313 chemical that.
by itself, exceeds a threshold but the
user does not know the specific identity.
4. The release reporting section of the
form (Part III Section 5) contains
several modifications. As mentioned
above, for calendar years 1987,1988.
and 1989. facilities may take advantage
of range reporting check boxes for
releases of a toxic chemical to an
environmental medium of less than 1.000
pounds per year. The releases to water
portion of the form has been
disaggregated by stream and
respondents must indicate what
percentage of the release was
contributed by stormwater runoff if they
have monitoring data. In addition,
underground injection of wastes at a
facility must be entered on a specific
line in the release section.
The proposed columns indicating
section 304 releases or that a permit
applies to releases have been deleted
from the final form.
5. EPA has included the reporting of
transfers of section 313 toxic chemicals
in waste to off-site locations. However,
these transfers are to be reported in a
separate section of the form (Part III,
Section 6).
6k The waste treatment section of the
form remains unchanged from the
proposal except that EPA has provided
for reporting sequential waste treatment.
7. The optional section on waste
minimization has been retained but the
narrative part of this section has been
removed, A 3-year sunset provision will
apply to this form section.
8. The form also contains a
Preformatted supplemental information
sheet (Part IV).
I1L Issues Relating to Facility coverage
A. Interpretation of SIC Code Coverage
Standard Industrial Classification
(SIC) code coverage is one of three
criteria specified in section 313(b) for
determining whether a facility is subject
to reporting. The preamble of the
proposed rule stated that "in SIC codes
20-39" meant that the primary SIC code
for the facility is within the 20 through
39 designations. The proposed rule also
included facilities that engage in one or
more activities in SIC codes 20 through
39 even if the primary SIC code for the
facility itself is not SIC 20 through 39.
Many commenters argued against
including "secondary" SIC activities.
First, commenters stated that the
definition of a facility is the whole
collection of buildings, not parts thereof.
Second, they argued that SIC codes are
used to define the primary purpose of an
establishment, not all activities.
Therefore, including facilities that
engage in activities in SIC code 20
through 39 but for which the primary SIC
code for the facility is outside SIC code
20 through 39 is in direct contradiction
to the established assignment and usage
of SIC codes. Third, commenters stated
that it exceeded the intent of the
legislation and stretched the capabilities
of the industrial classification system.
Finally, the commenters stated that any
increase in SIC code coverage should be
through discrete and more focused
rulemakings, as prescribed hi section
313(b)(l)(B) and (b)(2), with substantial
sector-by-sector justification to warrant
increased reporting on non-
manufacturing sectors.
The SIC code system was developed
to calssify establishments by type of
economic activity. A SIC code applies to
an establishment, which was defined as
an economic unit, generally at a single
physical location, where business is
conducted or where services or
industrial operations are performed. SIC
codes are not directly applicable to
facilities as defined in section 329(4) of
Title III and this rule. A "facility" is
defined as all buildings, equipment,
structures, and other stationary items
which are located on a single site or
adjacent contiguous sites owned or
operated by the same person. Therefore.
a facility can be a much larger, more
complex operation than an
establishment. The definition of primary
SIC code is generally considered to be
the code related to the types of products
distributed from an establishment that
have the highest dollar value added.
Based on the public comments
received on the proposed rule, the
Agency has revised its interpretation of
"in SIC Codes 20 through 39." The
revision is designed to remove the
confusion and ambiguity in the proposed
rule caused by linking the concepts of
facility and primary SIC code. The final
rule provides that a facility is in SIC
codes 20 through 39 based on the SIC
codes for the one or more
establishments that comprise the
facility.
EPA has identified the following three
possible scenarios relating
establishments. SIC codes, and facilities:
1. The establishment is the same as
the facility. Where an establishment is
the same as a facility, given that the
other eligibility criteria are met and the
establishment's primary SIC code is in
20 through 39. die facility is covered for
purposes of reporting. Because there is
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4502 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
no distinction between the
establishment and the facility, reporting
of releases from the facility is
straightforward.
2. The facility is comprised of two or
more establishments, all of which have
a primary SIC code of 20 through 39. For
multi-establishment facilities, when all
of the establishments' primary SIC
codes are in 20 through 39, given that the
other eligibility criteria are met for the
facility, the facility is covered for
purposes of reporting.
3. The facility is comprised of two or
more establishments, one or more of
which have a primary SIC code of 20
through 39. For multi-establishment
facilities when one or more of the
establishments' primary SIC codes are
in 20 through 39, the facility is covered
for purposes of reporting if either of the
following criteria apply for the reporting
year
a. The sum of the value of products
shipped from and/or produced at all
establishments with primary SIC codes
in 20 through 39 is greater than 50
percent of the total value of products
shipped from and/or produced at all
establishments that comprise the
facility.
b. One establishment whose primary
SIC code is in 20 through 39 has a value
of products shipped and/or produced
that is larger than that of any other
establishment in the facility.
Facilities may refer to data they
submitted to the U.S. Department of
Commerce. Bureau of the Census, for the
Annual Census of Manufacturers (Form
MA-1000) to calculate the relative
values of products shipped and/or
produced.
Once a facility is covered in either of
the above cases, all releases of listed
toxic chemicals must be accounted for,
even from individual establishments in
the facility that fall outside of the 20
through 39 SIC codes.
B. Reporting by Multi-Establishment
Facilities
Several commenters raised the
concern that it will be difficult for
facilities consisting of more than one
establishment to submit a single report
covering the entire facility. Commenters
noted that individual establishments,
owned by the same parent company,
often have different management lines
of authority within the company. In
these cases, commenters noted, it would
be difficult to combine information into
one reporting form.
As explained in A. of this unit the
facility is the unit that is responsible for
reporting. While EPA could continue to
require a single submission for multi-
establishment facilities, EPA has
decided to require a compliance
determination by the whole facility
covering all its establishments, but to
allow individual establishments or
groups of establishments to report
separately, provided all releases and
waste treatment methods are accounted
for. However, if individual
establishments or groups of
establishments report separately for one
chemical they must continue to report
separately for all other chemicals at the
facility.
Under this approach the entire facility
must determine compliance as a single
unit. Thus the Agency ensures no
reporting will be missed because certain
individual establishments do not meet
thresholds for employees or chemical
activities. For example, a facility is
comprised of two establishments, with
combined employment totaling 60 full-
time workers. Establishment A uses
5,000 pounds of benzene and
establishment B uses 8,000 pounds of
benzene. The facility as a whole
exceeds 10 full-time employees and
combined use by both establishments
exceeds the 10,000 pound threshold for
the use of benzene at the facility.
Therefore this facility must report for
benzene. It has two options. It can file a
report that represents the combined
data associated with all activities with
benzene at both establishments.
Alternatively, both establishments can
file separate reports accounting for their
individual releases and other related
data. If both establishments file separate
reports, then they must submit separate
reports for all chemicals subject to
reporting. However, if, for example, a
toxic chemical is used at one
establishment but is not present at all at
the other establishment, only the
establishment that uses the chemical
must report for that chemical.
The form provides a way for users of
the data to know whether all or only
part of a facility is included in a specific
report. Check boxes correspond to (1)
the entire covered facility or (2) one or
more establishments within a covered.
multi-establishment facility.
A second issue regarding multi-
establishment facilities relates to the
requirement that the owner or operator
of a facility must report. EPA proposed
that if no report was filed, both the
owner and operator (if different) would
be liable. Commenters requested
clarification on the liabilities and
obligations of an owner of leased
property, where the owner's interest is
solely one of real estate. These
commenters believe that such an owner
should not have obligations to report
because it is not in a position which
would allow it to determine compliance
or report the required information. The
owner would not be able to submit a
report without the cooperation of the
operator.
EPA recognizes these difficulties. The
final rule exempts certain owners of
leased property from reporting
requirements. These exemptions apply
only to those owners of property who
have no business interest in the property
other than real estate. Owners who are
part of the same business organization
as the operators would not be exempt.
nor would owners of businesses that
contract out the operations of a
particular site. In these cases, the owner
has a business interest beyond that of
the real estate and has the ability to
exert some control over the operator.
A commenter identified an additional
problem that occurs when the
establishments in a multi-establishment
facility are operated by different
persons which have no common
corporate relationship, such as in an
industrial park. EPA identified two
possible scenarios. In the first scenario.
the owner of the facility operates an
establishment in the facility but leases a
portion of the facility to another person
who operates another establishment.
The owner and this other operator do
not have any business relationship other
than landlord and tenant. Also, the
owner does not know what chemicals
are manufactured, processed, or used in
that operator's establishment. In the
second scenario, the owner of the
facility, having only a real estate
interest in the facility, does not operate
any establishment in the facility and
leases all of the facility to two or more
persons who operate establishments in
the facility. Under the exemption
discussion above, the owner would not
be subject to reporting. However, in
both scenarios, the operators would be
subject to reporting, but they have no
common corporate or business interest
and do not know what chemicals are
manufactured, processed, or used in
each other's establishments.
In neither of these situations is one
person in a position to know all of the
information necessary to make a
determination whether the facility as a
whole is a covered facility and whether
a toxic chemical is manufactured.
processed, or used at the facility in
excess of an applicable threshold.
Accordingly, EPA has decided that, in
such a situation, each operator should
treat the establishments it operates as a
facility for purposes of reporting. These
operators must make the determinations
under the rule for SIC code coverage.
number of full-time employees, and
whether a toxic chemical is
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4503
manufactured, processed, or otherwise
used in excess of an applicable
threshold, but only for those
establishments they operate.
Appropriate provisions have been
added to the rule. form, and instructions
to provide for this approach. To ensure
that related companies do not avoid
reporting for multi-establishment
facilities. EPA has limited use of this
approach to operators of separate
establishments in the same facility who
do not have any common corporate or
business interest, i.e. they are not
engaged in partnerships, joint ventures,
ownership of a controlling interest in
one by the other, or ownership of a
controlling interest in both by a third
person.
Another situation may arise where a
person owns a parcel of land on which it
operates one or more establishments
and also leases land immediately
adjacent to it on which that same person
operators one or more additional
establishments. Section 329(4) of Title III
defines "facility" to include "a single
site or * * * contiguous or adjacent sites
* * * which are owned or operated by
the same person * * '."Thus in this
situation the "facility" would be the
total site including the land owned by
the person and the adjacent land leased
by the person. To make the SIC code
determinations and reporting threshold
determinations, the person is required to
consider the activities at all the
establishments he or she operates on the
total site. Having made the
determinations that the total facility is a
covered facility and that an applicable
reporting threshold has been met, the
person may submit separate reports for
the establishments as described above.
C. Auxiliary Facilities—Laboratory
Activity Exemption
Commenters requested that EPA
clarify whether auxiliary operations
which have primary SIC codes within 20
through 39 (manufacturing) are covered
for purposes of section 313 reporting.
Auxiliary establishments are defined
under the SIC code system as operations
which primarily support other
establishments. Common types of
auxiliary operations are research and
development laboratories, warehouses.
storage facilities, and waste treatment
facilities. The SIC code system assigns
these facilities SIC codes according to
the establishment they service; thus.
auxiliary establishments tied to
manufacturing establishments are given
a manufacturing SIC code.
Commenters argued that the statute
did not contemplate including
establishments that do not engage in
manufacturing. They stated further that
EPA has the discretion to modify the
facility coverage criteria to correct such
anomalies.
1. Auxiliary facilities must make a
compliance determination. EPA has
determined that the most consistent way
to treat a stand-alone auxiliary
establishment (i.e. one that is not a part
of a larger facility) is to require that it
make a compliance determination. If
such an establishment is classified in
SIC codes 20 through 39 because it
supports a manufacturing activity, it
must review its chemicaJ activities and
the level of such activities to determine
if it must report. It is possible that an
establishment such as a warehouse
standing alone will not be subject to
reporting. If no manufacture (including
importation), processing (including
repackaging), or use of covered toxic
chemicals occurs, the facility is not
subject.
Similarly, persons who own or
operate auxiliary establishments that
are within the defined boundaries of a
larger multi-establishment facility must
review the manufacture, processing, or
use activities involving listed toxic
chemicals at all the establishments in
the facility. Such auxiliary
establishments must be factored into the
"value of shipments and/or production"
calculation to the extent it is applicable,
and must be counted toward the
employee threshold. The activity of
manufacturing, processing, or using a
toxic chemical in the auxiliary
establishment counts toward the
chemical thresholds for the facility.
2. Exemption of laboratory activities.
Commenters stated that it would be
burdensome to require laboratories to
determine whether they must comply
because of the potentially large number
of mixtures and chemicals on-site in
small volumes and the relatively rapid
turnover of such chemicals and mixtures
in the laboratory setting.
EPA agrees with comments that
manufacturing, processing, or use of
chemicals in a laboratory under the
supervision of a technically qualified
individual should be exempt from the
provisions of this rule. This exemption is
consistent with the exemption provided
in rules implementing sections 311 and
312 of Title III. and the OSHA HCS. The
exemption does not apply to specialty
chemical production or pilot plant scale
operations.
The Agency believes that this
exemption provides a consistent and
necessary reduction in the reporting
burden. For example a stand-alone
laboratory is classified in SIC code* 20
through 39 because it is an auxiliary
facility supporting a manufacturing
operation of a company. This laboratory
is. in essence, exempt from the threshold
determination and reporting
requirements of this rule. Also a covered
facility will not have to review chemical
manufacture, processing, or use in a
laboratory within that facility, provided
such operation is not conducting
specialty chemical production or pilot
plant scale activities.
If a toxic chemical is removed from
such a laboratory for further processing
or use in the facility, the facility must
factor such amounts into threshold
determinations and release reporting.
The Agency does retain certain
concerns about releases of toxic
chemicals from laboratories. Therefore,
EPA will review laboratories as part of
its overall review of the types of
facilities that should be covered by
amendments to this rule.
D. The Rule Contains no Modification of
Facility Coverage
EPA has discretionary authority to
modify the coverage of facilities under
section 3l3{b)(l)(B). The report of the
congressional conference committee for
Title III states that any such
modifications are limited "* * * to
adding SIC codes for facilities which.
like facilities within the manufacturing
sectors SIC codes 20 through 39.
manufacture, process or use toxic
chemicals in a manner such that
reporting by these facilities is relevant
to the purposes of this section." (H.R.
Rep. No. 962.99th Cong.. 2nd sess. 292—
hereafter referred to as the conference
report.) The conference report further
states that section 313(b)(l)(B) is given
to provide EPA with the authority to
adjust coverage but that "it does not
provide EPA the authority to change the
overall scope of the reporting program
for Toxic Chemical Release Forms." Id.
at 293.
The Agency proposed that facilities
within SIC codes 20 through 39 be
required to report. Comments from trade
associations, private companies. State
agencies, public interest groups and
academia requested that EPA use its
authority under section 313(b)(l)(B) to
include other facilities. These
Commenters noted that other kinds of
facilities beyond those in the
manufacturing sector can have
significant releases of toxic chemicals.
They contend that if the current scope of
reporting is not expanded, the public
will not realize that manufacturing
releases constitute only a part of the
total releases of these chemicals into the
environment.
Most commenters provided specific
examples of facilities that they would
like to see added. They include:
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4504 Federal Register / Vol. 53, No. 30 / Tuesday, February 16, 1988 / Rules and Regulations
Commercial waste treatment facilities,
transportation sites, federal facilities,
municipal waste treatment facilities and
publicly owned treatment works,
disposal sites, petroleum and chemical
bulk stations and terminals, tank farms,
electrical services, petroleum
wholesalers, farm suppliers, paint and
varnish suppliers, and industrial
launderers. Commenters suggested that
SIC codes should not be a primary
determinant of coverage and that EPA
should consider the intent of the law to
provide citizens information about
releases from all important sources of
emissions.
Modification of facility coverage
could also involve deletions of certain
industries from the currently covered
SIC codes. In deleting SIC codes the
Agency will consider to what extent
certain manufacturing operations
produce or use toxic chemicals in a
manner more similar to operations
outside the manufacturing sector. The
conference report includes an example
of such an operation for facilities within
SIC code 2875 that mix or blend
fertilizer products for sale at the retail
level. It is also possible that certain
manufacturing operations, for example
those that conduct simple article
assembly, may not produce, import,
process, use. or release significant
amounts of covered toxic chemicals. If
by the inherent nature of their activities
such facilities are unlikely to otherwise
be subject to reporting, then it would
serve no purpose to continue to include
them in the SIC code designations.
The Agency is choosing not to modify
the facility coverage of the rule at this
time. The issues raised in the comments
are important ones for EPA to consider
in exercising its authority to modify
coverage. Such issues should be dealt
with through full notice and comment
rulemaking. The Agency must carefully
evaluate additional types of facilities
that may be manufacturing, processing,
or using listed toxic chemicals as well as
facilities in SIC codes 20 through 39 that
do not handle such chemicals. EPA is
planning to initiate an evaluation of
facility coverage in 1988. As part of this
analysis. EPA will examine the
predominant activities in SIC codes 20
through 39. The results of this evaluation
and any recommended additions or
deletions to the scope of covered
facilities will be published as a
proposed amendment to this rule.
As part of this analysis EPA will also
look at the concept of value of products
shipped and/or produced from
designated SIC code establishments.
Another potentially more equitable
approach of determining multi-
establishment facility coverage is by
using "value added" instead of the value
of products shipped and/or produced
The value-added approach may create
less distortion and duplication when
comparing the contribution by
individual establishments for purposes
of the overall facility coverage
determination. However, value-added
information may be less available and
more burdensome to determine than
value of shipments and/or production.
EPA will review the first few years of
reported data and will attempt to
evaluate how the value of shipments
and/or products approach affects
overall facility coverage.
IV. Definitional Issues
A. Definition of Manufacture
1. Coincidental production of toxic
chemicals. EPA proposed to interpret
"manufacture" to include coincidental
production of a listed toxic chemical as
a byproduct or impurity during the
manufacture, processing, use, or
disposal of any other chemical
substance or mixture. Congress adopted
the definition of "manufacture" used in
regulations under the Toxic Substances
Control Act (TSCA) where such an
approach is used. The proposed rule's
approach was intended to cover those
situations in which a listed toxic
chemical is created (intentionally or
unintentionally] and then passed on in
commerce or disposed of, but never
otherwise accounted for.
Commenters objected to this
interpretation of the manufacture
definition on grounds that it exceeded
the statutory authority of Title III. They
also stated that having to make such
determinations would require
expensive, detailed monitoring that most
facilities do not do and would not be
required to do under section 313. Other
commenters stated that, if such a
determination were required, a de
minimis cut-off should apply, consistent
with OSHA HCS requirements, to
reduce the burden on the facility.
EPA believes that the definition of
manufacture in section 313 includes the
coincidental production of toxic
chemicals. Section 313(b)(l)(C) states
that "(tjhe term 'manufacture' means to
produce, prepare, import, or compound a
toxic chemical." There is no limitation in
this definition that would exclude
manufacture of a toxic chemical
coincidental to the production.
processing, use. or disposal of another
chemical, nor is there any indication in
the legislative history of Title HI that
Congress intended to exclude toxic
chemicals produced coincidentally.
Accordingly, EPA believes that such
production is inducted in the definition
of manufacture under section 313. For
purposes of the rule however. EPA has
distinguished between toxic chemicals
which are impurities that remain with
another chemical that is processed,
distributed, or used, from toxic
chemicals that are byproducts either
sent to disposal or processed.
distributed, or used in their own right.
EPA also considers that it would be
reasonable to apply a de minimis
concentration limitation to toxic
chemicals that are impurities in another
chemical or mixture. In essence, the de
minimis cut-off adopted for mixtures
(see Unit VI.) would apply to the
presence of impurities created as a
result of making that mixture, or a
component of the mixture. Because the
covered toxic chemical as an impurity
ends up in a product, most producers of
the product will frequently know
whether the chemical is present in
concentrations that exceed the de
minimis level, and, thus may be listed
on the Material Safety Data Sheet
(MSDS) for that product under the
OSHA HCS.
This final rule does not adopt a de
minimis concentration limitation in
connection with the production of a
byproduct. EPA believes that the facility
should be able to quantify the annual
aggregate pounds of production of a
byproduct which is not an impurity
because the substance is separated from
the production stream and used, sold, or
disposed of, unlike an impurity which
remains in the product.
The major problem with applying a de
minimis exemption to a toxic chemical
produced as a result of use or disposal
of another chemical is the difficulty of
determining where and how to make a
precentage determination. For example,
there may be various points in a
treatment process at which a percentage
determination could be taken. Also,
those doing a better job of treatment
could be unfairly penalized because
such treatment may concentrate the
chemical in waste prior to disposal.
Therefore, the conscientious facility may
exceed the de minimis concentration of
the toxic chemical in a waste whereas
another facility having much more dilute
waste would not be subject to reporting.
Therefore, EPA believes that the
estimation of a total annual mass
quantity for such coincidental
production during use or disposal is a
fair approach.
In any case, EPA wishes to emphasize
that the determination of such
coincidental production should be based
on the facility's existing production
records, monitoring, or analytical data.
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and reasonable judgment on the part of
the facility's management. No further
monitoring or analysis of production,
process, use. or disposal streams is
required, consistent with section 313.
2. Import ofto\ic chemicals. Section
313(b)li)(c) defines "manufacture" to
include import. Thus the owner or
operator of a facility that manufactures
or imports a toxic chemical is
potentially subject to the reporting and
supplier noiification provisions of the
final rule. If a toxic chemical is both
manufactured and imported at a facility,
the total amount manufactured and
imported is aggregated for purposes of
determining whether the reporting
threshold for manufacturing has been
met. Thus it is important for a facility to
determine whether it is importing a toxic
chemical, either in relatively pure form
or as part of a mixture.
The U.S. Customs Service defines an
importer as a person who imports a
chemical into the customs territory of
the United States and includes the
person primarily liable for the payment
of any duties on the merchandise or an
authorized agent acting on that person's
behalf, the consignee, the importer of
record, the actual owner if an actual
owner's declaration and superseding
bond has been filed in accordance with
19 CFR 141.20, and the transferee, if the
right to draw merchandise in a bonded
warehouse has been transferred in
accordance with Subpart C of 19 CFR
Part 144.
Section 313 refers to a facility which
manufactured (including imported) a
toxic chemical. Section 313 does not
define "import" or explain when a
facility is considered to have imported a
chemical. Given the broad Customs
definition of who is an importer, several
persons may be "importers" for any
given shipment of a toxic chemical
brought into the customs territory of the
U.S. For example, a facility may conduct
the entire import transaction using its
own personnel in which case it would
be the only importer. In other cases,
facilities may act through import brokers
or others who do the paperwork and pay
the duties but provide for direct
shipment of the chemical to the facility.
EPA determined that for a given
imported shipment of a toxic chemical.
only one facility should be considered to
have imported the shipment. Otherwise.
there could be double counting of each
shipment. Thus for purposes of the final
rule. EPA has defined "import" to mean
to cause a chemical to be imported into
the customs territory of the U.S. For
purposes of the definition of "import,"
EPA has defined "to cause" in a way
which designates the person who in
effect controls the importing of the
chemical, ue. the person who intends
that it be imported and controls the
identity of the chemical and the amount
to be imported, not those who are
merely involved in the transaction.
Accordingly, through this definition, a
facility which completes the entire '
import transaction for toxic chemical
using its own personnel would be
considered to have imported the
chemical. Further, a facility that ordered
the import of a toxic chemical through
an import broker, specifying the identity,
amount, and that it is to be imported.
also would be considered to have
imported the chemical. However, if a
facility ordered a toxic chemical from a
chenkal supplier in the U.S., who in
turn decided to import the chemical to
fill the order or filled the order from a
previously imported stock of the
chemical, the chemical supplier's facility
would be considered to have imported
the toxic chemical. The facility which
ordered the chemical would not be
considered to have imported the
chemical because it did not control the
amount to be imported or specify that it
was to be imported.
In most cases, determining whether a
facility caused the import of a toxic
chemical will not be critical because a
facility in SIC codes 20 through 39 which
receives such a toxic chemical from an
import shipment is also likely to process
or otherwise use the chemical. Since the
thresholds for manufacturing and
processing are the same and the use
threshold is lower than the
manufacturing threshold, EPA does not
believe that defining "import" in this
way will result in any facility escaping
the reporting requirements of the final
rule. In addition. EPA does not believe
that facilities will evade supplier
notification requirements under this
approach.
3. Toll Manufacturers of Toxic
Chemicals. EPA recognizes that it is a
practice in the chemical industry for one
company to contract with another
company to produce a chemical
exclusively for it. This may be done to
use available production facilites, to
take advantage of cheaper production
techniques, or to avoid building
additional plant capacity. The company
initiating the activity typically retains
control over the identity of the chemical,
the amount to be produced, and the
production technology. The company
actually producing the chemical in these
situations is often referred to as a "toll
manufacturer."
Under TSCA. which authorizes EPA to
apply certain requirements to persons
who manufacture chemical substances
and mixtures, EPA has sometimes
treated both companies in a toll
manufacturer relationship as
"manufacturers" subject to the
requirements. However, for purposes of
section 313 reporting, EPA interprets the
definition of manufacture to apply only
to a facility that actually produces a
toxic chemical. Thus, in a toll
manufacturer situation, the facility
actually producing a toxic chemical
would be subject to reporting, if it
produced more than the threshold for
manufacturing. The other company's
facility would be subject to the reporting
for that chemical only if it also actually
manufactured the chemical in excess of
the manufacturing threshold, or if it
processed or otherwise used the
chemical in excess of an applicable
threshold. EPA believes this
interpretation is consistent with
congressional intent to capture releases
associated with manufacturing
activities.
B. Clarifications Regarding Process and
Otherwise Use; Exemption of Certain
Uses
EPA included the statutory definition
of "process" in the proposed rule and
proposed a definition of "otherwise
use." The statute does not specifically
define "use" or "otherwise use" yet
there are different reporting thresholds
associated with manufacturing and
processing activities versus the
"o'herwise using" of a listed toxic
chemical. Therefore, the basic purpose
of including a definition of "otherwise
use" was to distinguish for the potential
respondent what activities would be
subject to the different thresholds. The
proposed "otherwise use" definition was
broad in scope, basically encompassing
all uses of a chemical at a facility not
covered by the definitions of the terms
"manufacture" or "process." The
preamble of the proposed rule contained
one example of processing versus use of
a chemical, and the proposed
instructions for the form gave examples
of manufacturing, processing, and use
activities.
Commenters from industry took issue
with the proposed definition of
otherwise use and requested further
clarification of the differences between
processing and use activities. Still other
commenters recommended that certain
uses be exempted from the final rule
reporting requirements.
1. Clarification of the terms "process"
and "othenvise use". In the public
meetings, workshops, and in a
preliminary question and answer
document on section 313 issues, EPA
has made the following basic distinction
between processing and use activities.
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federal Register / Vol. 53. No. 30 / Tuesday, Februaiy 16. 1988 / Rules and Regulations
a. Processing is an incorporative
activity. The process definition focuses
on the incorporation of a chemical into a
product that is distributed in commerce.
This incorporation can involve reactions
that convert the chemical, actions that
change the form or physical state of the
chemical, the blending or mixing of the
chemical with other chemicals, the
inclusion of the chemical in an article, or
the repackaging of the chemical.
Whatever the activity, a listed toxic
chemical is processed if (after its
manufacture) it is ultimately made part
of some material or product distributed
in commerce. Examples of the
processing of chemicals include
chemicals used as raw materials or
intermediates in the manufacture of
other chemicals, the formulation of
mixtures or other products where the
incorporation of the chemical imparts
some desired property to the product
(e.g., a pigment, surfactant, or solvent),
the preparation of a chemical for
distribution in commerce in a desirable
form, state, and/or quantity (i.e.
repackaging), and incorporating the
chemical into an article for industrial,
trade, or consumer use.
b. Otherwise use is a non-
incorporative activity. EPA is
interpreting otherwise using a covered
toxic chemical to be activities that
support, promote, or contribute to the
facility's activities, where the chemical
does not intentionally become part of a
product distributed in commerce.
Examples would be a chemical
processing aid such as a catalyst.
solvent, or reaction terminator. These
chemicals may be integral parts of a
reaction but do not become part of a
product. Other examples would be
manufacturing aids such as lubricants,
refrigerants, or metalworking fluids, or
chemicals used for other purposes at the
facility such as cleaners, degreasers, or
fuels.
2. Comments relating to EPA's
interpretive distinction befa-een process
and use. One commenter disagreed with
EPA's interpretation that a non-
incorporative use of a solvent in
chemical processing should be classified
as otherwise using it. This commenter
stated that the solvent can be integral to
a reaction and that the solvent can be in
the same equipment as other processed
chemicals, with the same low
probability of release. Another
commenter stated that a catalyst should
not be classified as a processing aid (i.e.
otherwise used) because it participates
in a reaction. EPA disagrees with these
comments on the grounds that it is
necessary and appropriate to distinguish
processing from otherwise using based
on the thrust of the process definition
(i.e., whether the toxic chemical in
question becomes part of some product
distributed in commerce).
Another commenter raised the
example of a paint that is applipd during
the manufacture of automobiles. Certain
toxic chemical components of the paint
mixture would become part of the
automobile and other toxic chemicals
such as the solvents would evaporate as
intended. Is the mixture processed, used.
or both? EPA's interpretation is that the
activity of each relevant component of
the mixture would have to be evaluated.
The solvents would be "used."
Therefore, they would be subject to the
10.000 pound threshold. The other
components of the mixture such as the
pigments, would be "processed"
because they are incorporated into the
article. Therefore, those mixture
components would be subject to
reporting based on the process
threshold.
3. Exemptions of certain uses. Several
commenters stated that the proposed
definition of otherwise use was too
broad. They stated that without some
limitations or exemptions the presence
at the facility of a listed chemical in any
form would have to be factored into
threshold calculations. One example
given was copper in copper pipes that
are part of the facility. This can be
interpreted as an ancillary use of
copper. They claimed that such a
situation would be unreasonable, would
place an unnecessary reporting burden
on many facilities, and would result in
many meaningless reports. One
commenter suggested that the otherwise
use definition be modified to include the
concept of "active" uses at the facility.
Based on a review of the comments
and questions received, EPA has
determined that it is appropriate to
place some limitations on the definition
of "otherwise use." EPA has developed
(S 372.38 of the rule) a listing of certain
exempt uses of toxic chemicals as
follows:
(1) Use as a structural component of
the facility.
(2] Use of products for routine
janitorial or facility grounds
maintenance. Examples include use of
janitorial cleaning supplies, fertilizers.
and pesticides similar in type or
concentration to consumer products.
(3) Personal uses by employees or
other persons at the facility of foods,
drugs, cosmetics, or other personal items
containing toxic chemicals, including
supplies of such products within the
facility such as in a facility operated
cafeteria, store, or infirmary.
(4) Use of products containing toxic
chemicals for the purpose of maintaining
motor vehicles operated by the facility.
(5) Use of toxic chemicals present in
process water and non-contact cooling
water as drawn from the environment or
from municipal sources, or toxic
chemicals present in air used eithrr as
compressed air or as part of combustion.
(6) Use of articles.
C. Full-Time Employee
One commenter requested that EPA
define what ii means to have 10 or more
full-time employees for compliance with
section 313 reporting.
The Bureau of the Census defines a
full-time employee as a person working
35 hours or more per week, persons who
worked 1 to 34 hours for non-economic
reasons and usually work full-time, and
persons with a job but not at work who
usually work full-time. The Bureau of
Labor Statistics has a very similar
definition. Their definition does not
include contract employees. The above
two definitions are used in surveys
conducted as of a particular week, not
for an entire year.
EPA considered two factors in the
development of the employee threshold
determination. First, the definition
should reasonably apply to the annual
basis of the reporting. Many facilities
may have large seasonal variations in
employment, and the standard must
apply to those situations in an equitable
manner. Second, facilities with large
numbers of contract employees should
not escape reporting because of
different employment arrangements.
EPA considered options for
determining whether a facility meets the
employee threshold as follows. First,
full-time employee determinations could
be made based on the highest number of
full-time employees during any week of
the calendar year. This method would
ensure that facilities with highly
variable employment patterns would be
covered for reporting if they met the
other requirements (SIC codes and
chemical thresholds). Second, full-time
employee counts could be determined
by the number of employees as of a
particular date during the year. Such an
option would limit the burden of
checking through employment records,
but is arbitrary with respect to the
choice of a date. Third, the
determination could be based on the
concept of full time equivalents. A
generally accepted level of annual full
time hours worked is 2.000 hours. The
number of payroll hours for the year
would be divided by 2,000 to determine
the equivalent number of full-time
employees. Fourth, full-time employee
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counts could be determined by an
average of the quarterly maximum
number of full-time employees for the
calendar year. This option would be the
most burdensome to calculate.
EPA decided to define full-time
employee on the basis of a full-time
equivalent calculation. Total annual
hours worked by all employees.
including contract employees, at tho
facility is divided by 2.000. In this way, a
facility is able to make an easy
determination of whether it equals or
exceeds a 10 employee equivalent level
by determining if the total hours worked
at the facility equals or exceeds 20,000
hours. EPA believes that this approach
provides a fair and consistent measure
of employment.
D. Definition of Article and Article
Exemption
These issues deal with the definition
of article and whether articles should be
explicitly exempt for the purposes of
threshold determinations and release
calculations.
1. Modification of the article
definition. The definition of article that
appeared in the proposed rule is the
same definition used in regulations
under TSCA. One commenter asserted
that the definition of article that appears
in the OSHA HCS should be substituted
for the proposed article definition. The
commenter contended that the OSHA
arvcle definition is more appropriate for
section 313 because the language in the
Litter part of the OSHA definition
relates to the potential for release and
exposure during normal end use. Also, it
would be consistent with provisions of
the Title III sections 311 and 312 rule (52
FR 38344). The instructions for the
sections 311 and 312 reporting forms
incorporate exemption language from
the OSHA HCS, part of which is the
exemption of articles.
The a-ticle definition in the proposed
rule read as follows:
"Article" means a manufactured item
which is formed to a fpecific shape or design
during manufacture, which has end use
funrtion(s) dependent in whole or in part
upon MS shape or design during end use, and
has either no change in chemical composition
during i's end use or only those changes of
composition which have no commercial
purpose separate from that of the article, or
result mixtures or articles, except that fluids
jnd particles are not considered articles
rngjrdless of shape or design. The article
definition in the OSHA HCS reads as follows:
"Article" means a manufactured item: (i)
Which is formed to a specific shape or design
during manufacture: |ii) which has end use
funrtion(s) dependent in whole or in part
upon its shdpt or design during end use: and
(in) winch does not release, or otherwise
result in exposure to a hazardous chemical
under normal conditions of use.
The first part of each definition are
identical. The latter parts of the
definitions differ significantly. The
cornmenter pointed out that the OSHA
HCS definition will function more
appropriately because it will keep
certain exposure-causing items from
being considered articles whereas the
proposed definition would not. The
commenter also asserts that the
exception at the end of the proposed
definition for fluids and particles is
unnecessary.
. In its review of this issue EPA
considered several options, including
retaining the article definition as
proposed, retaining the proposed
definition but clarifying the wording of
the latter part, and adapting the OSHA
1ICS article definition for use in this
rule. EPA has determined that it agrees
with the commenter and has adopted
the OSHA HCS article definition with
some modifications because it is more
appropriate for section 313 purposes
than the TSCA definition. The TSCA
article definition is worded primarily to
distinguish "chemical substances" and
"mixtures" from those manufactured
items that contain chemical substances
and mixtures. The OSHA HCS definition
was adapted from the TSCA regulatory
definition, for the purpose of exempting
certain items from the MSDS
preparation requirements; the
supposition being that the item's normal
end use would not release or cause
exposure to a "hazardous chemical" in
the article.
The revised article definition in the
final rule reads as follows:
"Article" means a manufactured item: (i)
Which is formed to a specific shape or design
during manufacture: (11) which has end use
functions dependent in whole or in part upon
its shape or design during end use; and (iii)
which does not release a toxic chemical
under normal conditions of processing or use
uf that item at the facility.
EPA wishes to emphasize that under
this definition an item will not qualify as
an article if there are releases of toxic
chemicals from the normal use or
processing of that item. When
attempting to apply this definition to an
item used or processed at a facility, the
facility should keep this release factor in
mind. For example, under normal
conditions the milling of metals (e.g.
copper) can generate fume or dust
containing listed toxic chemicals. Thus.
the metal or plastic item being
processed would not qualify as an
article in that manufacturing setting.
1 lowever. if the only "release" from
processing an item is the disposal of
solid scrap (e.g., pieces of cloth or
sections of pipe that are recognizable as
having the same form as the item) then
EPA considers that the processed item
still qualifies as an article.
Toxic chemicals-in an item that
qualifies as an article are not subject to
reporting even if the facility disposes of
the article after use. For example, the
facility uses a battery that contains lead.
Lead is not released from the battery
during normal use at the facility. When
the facility disposes of the battery, it
does not have to factor the amount of
lead in that article into a threshold or
release calculation.
2. Articles exemption. The proposed
rule covered the processing and use of
toxic chemicals and mixtures containing
such toxic chemicals. EPA included a
proposed definition of article but, as
certain commenters pointed out, did not
specifically exclude the use or
processing of articles. Commenters
encouraged EPA to specifically exempt
the use and processing of articles from
the threshold determination and release
reporting requirements of the rule.
According to these comments, the
normal end uses of such articles by
definition do not result in the release of
toxic chemcials contained within such
articles. Therefore, such an exemption
will reduce the burden on industry
significantly because fewer materials
will have to be evaluated for threshold
and release determinations.
The purpose of including an article
definition in the rule was for the
expressed purpose of exempting such
articles. The final rule contains a new
exemption section {§ 372.38). This
section exempts articles containing
covered toxic chemicals as defined
under section D above from threshold
and release determinations. EPA
cautions facilities to evaluate carefully
normal processing and use of an item to
determine if release of a toxic chemical
occurs (i.e., if indeed the item qualifies
under the definition as an article).
V, Threshold Issues
A. Comments Requesting Modification
of Thresholds
The thresholds for reporting that were
presented in the proposed rule are the
thresholds mandated by section 313. The
threshold for manufacturing or
processing a toxic chemical is 75,000
pounds for 1987, 50,000 pounds for 1988.
and 25.000 pounds for 1989 and
thereafter. The threshold for otherwise
using a toxic chemical is 10,000 pounds
for any year. EPA has the authority to
modify these thresholds provided that
such modification obtains reporting of a
substantial majority of total releases of
each toxic chemical for all facilities
subject to reporting.
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A wide range of comments was
received regarding potential
modifications to the thresholds.
Commenters from environmental and
public interest groups asserted that
thresholds shoud be lowered to increase
release reporting. One commenter stated
that a 10,000 pound threshold, over 3
years should be used rather than a
graduated threshold. Commenters
representing the industry asserted that
thresholds could be raised without
affecting data quality or reporting
requirements. Other related comments
stated that thresholds should be
modified to include only larger facilities
and that the "user" threshold should be
raised to the same level as thresholds
for the manufacturing or processing of a
toxic substance. Additionally, one
company commented that the
determination of a need to modify
thresholds should be based on the first
few years' reporting levels.
Comments from a professional society
and a State government indicated that
the proposed thresholds are valid and
should not be raised.
Additional comments presented
alternatives to the type of thresholds
presented in the proposal. Two
Commenters indicated that toxic effects
could be used to determine threshold
adjustments. One commenter
recommended a different series of
thresholds based on standard container
sizes to make threshold determinations
easier. Another commenter proposed
that the statutory employee size
limitation of 10 or fewer employees be
removed rather than reducing threshold.
amounts for reporting purposes. One
commenter proposed an emissions-
based approach to exclude small
releases of toxic chemicals, regardless
of the quantity manufactured, processed.
or used.
The final rule contains the statutory
thresholds present in the proposed rule.
EPA does not believe that it has
received in the comments sufficient data
to support any overall modification of
the statutory thresholds. In addition.
EPA did not propose any such change.
EPA agrees with comments to the effect
that the first few years' data should be
evaluated to determine whether
modifications of the threshold would
meet the statutory test of obtaining
reporting on a substantial majority of
the releases (i.e., pounds released per
year) of each chemical from subject
facilities. EPA may consider changing
the reporting thresholds based on
several years of data collection.
Revising the threshold amount can be
based on specific chemicals, classes of
chemicals, or categories of facilities.
EPA may consider a number of factors
for threshold modification including
exposure factors such as population
density, the distance of population from
covered facilities, and the types of
releases. Threshold modifications could
also take into account the relative
potency of the chemical or class of
chemicals and the effects of concern.
Another type of threshold modification
the Agency will investigate relates to
the type of facility, either generally by
size or by type of industry.
B. Threshold Determination Issues
Several issues arose as a result of
comment on EPA's proposed approaches
to determining whether a facility has
exceeded a threshold.
1. Recycle and reuse. EPA proposed
that a threshold determination in
connection with on-site recycle and
reuse activities be calculated by
determining the amount of the toxic
chemical in the recycle/reuse operation
at the beginning of the year and add to
that any quantity of the chemical
brought on site. Commenters reacted to
this proposal with the following:
a. The threshold should be based on
the amount of the chemical "acted
upon." This would include the operating
capacity of the recycle activity plus only
the amount added during the year, not
the total quantity brought on site.
b. The amount calculated for the
purpose of threshold determinations
should only be the quantity added to or
actually consumed by the recycle
operations.
c. EPA should clarify that the
threshold amount recycled should not
count a pound of chemical more than
once as it cydes through the activity.
After a review of the comments. EPA
has determined that the threshold
determinations should be based on the
amount of the material added to a
recycle/reuse system during the
reporting year. This would fairly depict
the amount of a chemical "consumed"
during a year in connection with this
particular use. During start-up of such a
recycle/reuse operation or in the event
that the contents of the whole recycle
system had to be replaced, this total
system quantity would have to be
factored into the facility's threshold
determination for that chemical. EPA
believes that this approach is consistent
with the objectives of encouraging
recycle/reuse activities.
2. Amount brought on site versus
amount processed or used. The previous
issue points toward a more general
problem of distinguishing whether the
threshold must be calculated based on
the amount of a chemical brought on site
during the year or the amount actually
processed or used. One commenter cited
a situation in which a facility may have
a running inventory of over 10,000
pounds of toluene but actually uses only
9,000 pounds during the year. Provided
that this is the only use of toluene, the
Commenters contended that the
threshold for use has not been met.
EPA agrees with this comment. The
final rule provides that the threshold for
processing and use is based upon the
total amount actually used or processed
at the facility, not the total amount
brought to the facility during the year.
This would not apply, however, in cases
where importation contributes to a
calculation of whether the facility
exceeds a "manufacture" threshold. The
act of importing the chemical to the
facility is within the definition of
manufacture. Therefore, any quantity
brought on site due to importation has to
be counted: along with any amount of
the same chemical produced at that
facility. However when a facility does
exceed a threshold, any emissions from
amounts of the chemical in the running
inventory (i-e. storage) would have to be
factored into the emissions calculations.
3. Exceeding any threshold captures
the facility for alt re/eases of that
chemical. A commenter objected to the
interpretation that if a facility exceeds
any threshold for a listed chemical, it
must report all emissions of that
chemical from the facility. The
commenter claims that reporting should
be limited to the activity tfrrat triggers the
threshold to be consistent with
Congressional intent because Congress
set such thresholds to limit the burden
on industry and provide the public with
useful and manageable information.
EPA disagrees with this comment.
Congress indicated that section 313
should cover releases from the facility to
all environmental media. The thresholds
are provided as the means for
determining facility coverage, not as a
factor in determining which emissions
from the facility must be reported.
VI. Mixtures and Trade Name Products
The proposed rule indicated that
mixtures and trade name products that a
facility imports, processes, or uses
would be evaluated and any covered
toxic chemicals in those products would
be factored into threshold
determinations and release reporting.
However, EPA recognizes that facilities
may not always have full information
regarding mixture components. EPA
provided detailed guidance in the
preamble of the proposed rule for
making a reasonable determination of
what is "known to be present at the
facility" with respect to determining the
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Federal Register / Vol. 53. No. 30 / Tuesday, February 18, 1988 / Rules and Regulations 4503
presence and competition of covered
toxic chemicals in auxUaes .at Ibe
facility. The proposed instructions for
the form .also outlined a method for
factoring mixtures into the threshold
determinations. la .addition, the proposal
presented EPA's belief that suppliers of
mixtures and trade name prodocU feare
a responsibility to provide their
customers with information safficiert
for them to comply with the
requirements of section 313. EPA
requested comment on several optioas
for a supplier notification requirement in
connection with, or in lieu of, a user
determination requirement EPA
received a wide range of comment on
the mixture issue.
A. De Minimi's Concentration Limit
A predominant area of continent was
the request for some type of de minimi's
concentration limitation for listed toxic
chemicals hi mixtures. Commenters
argued that many mixtures or trade
name products may contain "trace"
quantities of section 313 chemicals.
They asserted that it would-be both
unreasonable and extremely
burdensome for processors and users of
such products to have to account for
these quantities in developing threshold
determinations. In addition, commerrters
asserted that it would be equally as
burdensome for suppliers of these
products
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4510 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
notification requirement as follows: The
OSHA HCS allows mixture component
identities to be claimed trade secret. In
addition, the firm is not required to
supply percentage composition data on
the MSDS. Some firms do provide
composition data voluntarily in the form
of a specific percentage, a range, or
some upper bound. A supplier
requirement may conflict with the MSDS
requirements because some composition
information will have to be disclosed. In
addition, the criteria for claiming and
substantiating the protection of specific
chemical identity is more stringent
under Title 111 than it is under the OSHA
HCS requirements.
I. Supplier notification requirement.
EPA. has carefully considered the
implications of a detailed user
determination requirement versus a
supplier notification requirement. EPA
has determined that the most effective
and least burdensome approach is a
supplier notification requirement. EPA
agrees with comments that a supplier
notification system provides the most
efficient means of moving the
information about the presence and
composition of listed toxic chemicals
into the hands of the facilities that must
report. Providing more complete
information about mixture composition
in particular will give the facility the
information it needs to make threshold
and release determinations.
Under the final rule persons who must
develop and distribute the notice are
those who own or operate facilities in
SIC codes 20 through 39 that
manufacture or process listed toxic
chemicals, and who distribute products
containing such toxic chemicals to
facilities in SIC codes 20 through 39, or
to others who in turn distribute them to
such facilities. Therefore the types of
products covered by these notices are
products that will be further processed
or used by facilities potentially required
to report. Notices are not required for
products sold for individual consumer
use. Exemptions similar to those found
in the OSHA HCS and rule
implementing sections 311 and 312 of
Title III are incorporated into this
supplier notification provision.
The supplier notification requirement
in { 372.45 is structured to give
processors and users of mixtures and
trade name products positive
information about the presence of listed
toxic chemicals as follows:
a. If listed toxic chemicals are present
in the mixture or trade name product
above the de minintis cut-off level, the
notice must identify those specific
components as they appear in the list of
toxic chemicals in { 372.65 of the rule
and provide their percent composition in
the product.
b. If the supplier maintains that the
identity of a toxic chemical is a trade
secret under provisions of the OSHA
HCS, the notice must identify the
chemcial as subject to section 313 and
provide a generic identity that is
structurally descriptive of the chemical.
c. If the supplier contends that specific
composition information for a toxic
chemical in a mixture or trade name
product represents a trade secret, the
supplier must provide a maximum
concentration level of that chemical in
the mixture or product. For example, the
notice would indicate that toluene
constitutes not more than 15 percent of
the product. The supplier must choose a
level that is only large enough to
effectively mask the relevant trade
secret associated with the chemical
component. A basis for the level chosen
must be placed in the supplier's records
pertaining to this notice. This maximum
concentration level is critical to users of
the mixture because they will be using it
as part of their threshold and release
determinations. Gross over-
representations of such maximum
concentrations in a mixture may result
in unnecessary reporting by that
customer or overestimation of releases
of the chemical from the customer's
facility.
The notice must be in writing and
must clearly indicate that it pertains to
the presence of chemicals covered by
section 313 of SARA Title III. If a MSDS
must be distributed with the product,
EPA requires that the notification be
attached to the MSDS and that it clearly
indicate that the notice is not to be
detached from the MSDS.
This requirement is included because
the Agency is concerned about the
notification process breaking down
when distributors not covered by this
rule are handling and redistributing the
products. The OSHA HCS requires such
distributors to pass along an MSDS for a
product. Therefore, EPA determined that
the most efficient and least burdensome
approach of assuring that the notice
would reach the intended recipient is to
require that it be attached to or
incorporated into the MSDS.
The notice must be provided with at
least the first shipment of the product to
each recipient during the calendar year.
When the supplier changes the
formulation of the product to affect the
composition of the toxic chemical in the
product a revised notice must be sent
with the first shipment of the changed
product to each recipient If the supplier
determines that the product contains a
section 313 chemical in excess of the de
minimi's concentration limit which was
present previously but unknown, the
supplier must modify the notification
within 30 days and provide the revised
notice with the first shipment after that
30 day period to each recipient: this
notice must identify prior shipments in
that calendar year to which it also
applies.
2. Phase-in of the supplier notification
requirement. One commenter suggested
that if mixtures are to be factored into
the reporting of listed chemicals that
such requirement be phased-in over a 1-
or 2-year period. According to the
commenters. such a phase-in approach
would allow time for both suppliers and
users to gear-up for mixture
determinations.
EPA doea not agree that mixtures in
total should be excluded for the 1987
reporting year. Mixtures make up a large
part of potential use of listed toxic
chemicals. Therefore, importers,
processors, and users of mixtures must
use the best available information at
hand to determine whether the
components of a mixture have to be
factored into threshold and release
determinations under this rule.
However, the concept of a phase-in
for the related supplier notification
requirement does have merit. In EPA's
opinion, it would be both unreasonable
and impractical for suppliers to develop
modifications to their MSDS or develop
additional notices and distribute such
notices in 1988. Therefore, the supplier
notification requirement does not take
effect until the first shipment of a
product in 1989. However, as a practical
matter, suppliers should begin as soon
as possible to develop the notice
relevant to those products that contain
covered toxic chemicals. Until the
supplier notification goes into effect.
users and processors of mixtures are
only required to use readily available
data regarding such mixtures.
3. Making threshold determinations
and reporting for toxic chemical
components of a mixture or trade name
product. Until the supplier notification
under this rule begins. EPA assumes that
some suppliers have provided or will
provide information to customers about
the presence of toxic chemicals in their
mixtures or trade name products. The
information provided is likely to vary
from specifically identifying a toxic
chemical and its concentration to
advising only that there is a section 313
toxic chemical present but providing no
chemical identity or concentration
information.
Once supplier notification begins
under the rule, most customers will at
least be told that a toxic chemical is
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Federal Register / VoL S3. No. 30 / Tuesday, February 16. 1988 / Rules and Regulations 4511
present, its generic chemical identity.
and Its upper bound concentration in the
mixture or trade name product
Ho\\ever, even after supplier
notification begins, customers may
receive such mixtures or trade name
products from persons not in SIC codes
20 through 39 or from foreign suppliers.
Neither of these suppliers would be
subject to the supplier notification
requirements. Therefore, customers
might receive less information about
toxic chemicals in such mixtures and
products. Accordingly. EPA has
included in the final rule and
instructions detailed provisions for
reporting by owners and operators of
covered facilities who import, process,
or otherwise use toxic chemicals as part
of mixtures or trade name products.
All reporting by persons who import.
process, or use mixtures or trade name
products containing toxic chemicals is
predicated on those persons knowing
that toxic chemicals are present in the
mixture or trade name product If such a
person receives a mixture or trade name
product, the person must determine
whether it meets an applicable reporting
threshold in either of the following
situations: (i)The person was told, or
had determined through chemical
analysis or otherwise, the specific
identity or CAS Registry Number of a
chemical in the mixture or trade name
product and that chemical appears in
§ 3r2.65 of the rule: or fii) the person
was toid that the mixture or trade name
product contains a toxic chemical
subject to section 313. !f either of these
situations applies, the person is not
required to inquire further about the
mixture or trade name product. Section
313 and the final rule do not impose any
obligation to test a mixture or trade
name product to determine whether it
contains a toxic chemical. However, if a
person has tested such a mixture or
trade name product for its own reasons.
it must consider the results in
determining whether to report.
The final rule identifies six scenarios
for persons making reporting
determinations for toxic chemicals in
mixtures or trade name products;
l. The person knows the specific
chemical identity of the toxic chemical
in the mixture or trade name product,
and
a. The person know its specific
concentration in the mixture or product;
b. The person knows only its upper
bound concentration in the mixture or
product or
c. The person has ao information
about its concentration in the mixture or
product.
2. The person doe* not know the
specific chemical identity of the toxic
chemical in the mixture or trade name
product, and
a. The person knows its specific
concentration in the mixture or product;
b. The person knows only its upper
bound concentration in the mixture or
product or
c. The person has no information
about its concentration in the mrxrure or
product.
When the person knows the specific
chemical identity of the toxic chemical
in the mixture or trade name product.
making the threshold determination will
involve combining the amount of the
chemical in that mixture or product with
amounts of the same chemical also
manufactured, processed, or otherwise
used at the facility. However, the person
is only required to consider the weight
of the toxic chemical in the mixture or
trade name product, not the total weight
of the mixture or trade name product.
Determining the weight otthe toxic
chemical in the mixture or trade name
product depends on the information the
person has about the percentage
composition of the chemical in the
mixture or product. ft the person knows
the specific concentration, determining
the weight of the chemical is
straightforward. However, if the person
knows only the upper bound
concentration, the person is required to
assume that the toxic chemical is
present at that concentration and
calculate the weight accordingly. In the
event that the person does not know the
specific concentration or the upper
bound concentration then the person is
not required to further estimate or
otherwise factor that chemical in that
mixture or product into threshold or
release calculations.
Where the person does not know the
specific chemical identity of the toxic
chemical in the mixture or trade name
product, the person is required oaly to
consider the quantity of that chemical
component in that mixture or product in
making a threshold determination. Since
the person does not know the specific
identity of the chemical, the person
cannot combine the weight of the
chemical in the mixture with any other
toxic chemicals manufactured
processed, or otherwise used at the
facility because the person cannot
determine that they are the same
chemical. Accordingly, the threshold
determinations and the reporting, if any,
will be specific to the toxic chemical in
the mixture or product
Determining the weight of the toxic
chemical in the mixture or product in
this case is the same as for determining
the weight when the specific chemical
identity is known.
Determining (be weight of die toxic
chemical in the mixture or product in
this case is the same as for determining
the weight when the specific chemical
identity is known.
Once the applicable thresh, id is met.
reporting the chemical identity varies
with the degree of knowledge, rf the
specific identity is known, the person
must report the identity and CAS
Registry Number. If any, in Part III.
Section 1 of Form R. If only a generic
chemical name is known, that name
must be reported in Part ill. Section 2 of
Form R. If no generic name is known.
the trade name or-other name applied to
the chemical, or to the mixture or
product of which it fs a component, must
be reported in Part III Section 2 of Form
R.
With respect to estimating releases.
such estimates must be based on the
concentration of the toxic chemical in
the mixture or trade name product.
VII. Form Specific Issues
A. Certification Statement
Section 313 requires that a senior
management official sign a certification
statement for submitted forms. The
proposed statement would have
required that the person certify that the
submitted information is true, accurate,
and complete based upon his or her
personal examination of the completed
forms.
The Agency received several
comments on certification relating to
three issues: (1) The definition of a
senior management official, (2) the
requirement that the certifier has
"personally examined and is familiar
with" the submitted information, and (3)
the requirement that the company must
certify that the submitted information is
true, accurate, and complete.
1. Senior management official. Section
3l3{g)(l)(B) defines a senior
management official as "a senior official
with management responsibility for the
person or persons completing the
report."
In the preamble to the proposed rule.
EPA stated that a senior management
official could be an officer of a
company, a facility manager (rather than
a corporate officer), or the manager of
environmental programs (for the facility
or for the corporation) responsible for
certifying similar reports under other
environmental regulatory requirements.
Commenters were concerned that
neither definition appeared in EPA s
regulations or in the instrut tions to the
proposed form. Also, commeniers
wanted to maintain flexibility of having
either a facility management officer or
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Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
corporate manager sign the certification
statement by allowing signature by a
manager of the persons preparing the
report or by the manager of
environmental programs for either the
facility or the corporation.
The Agency has added a definition of
senior management official to § 372.3 of
the rule. The definition gives facilities
appropriate flexibility in determining
who may sign the form while retaining
the emphasis that the person have
management responsibility over the
persons preparing the form.
2. Review of prepared form. The
proposed rule required that the person
certify that "I have personally examined
and am familiar with the information
* * '." Commenters stated that this
statement was too stringent because it
would require that the senior
management official duplicate all the
calculations performed in the
preparation of the form. A few
commenters suggested that EPA adopt
the certification statement used in the
National Pollutant Discharge
Elimination System (NPDES)
regulations. Those regulations require a
certification that the information was
prepared under a system designed to
assure that qualified personnel property
gathered and evaluated the information
submitted, and that the certifying official
has queried those persons responsible
for the system. Commenters noted that
the NPDES certification has already
received full notice and comment and
has been tested in court.
However, the conference report states
that "[tjhe purpose of the certification
requirement is to assure that a senior
management official reviews the report
for accuracy and completeness." The
Agency believes that the NPDES
certification, because it does not require
the certifying official to review the form,
does not meet the intent of Congress.
However, the proposed certification
statement could be interpreted to
require more than a view of the
submitted information. Therefore, the
certification statement was modified
and now requires a review by the
official, which EPA believe* fulfills the
intent of Congress.
3. Submissions that are "true.
accurate, and complete.'"R\9 proposed
certification statement would have
required the certifying official to state
that the submitted information is true,
accurate, and complete. Commenters
objected to this statement, stating that it
is unreasonable because much of the
information, particularly release
estimates, can be subject to
considerable uncertainty. They point to
section 313(g)(2), which allows facilities
to use available data collected under
other provisions of law or to provide
"reasonable estimates of the amounts
involved." Because estimates are
allowed, these commenters stated that
"accuracy" must be set in context of the
estimating procedures used.
Commenters further noted that a facility
may choose to use emissions factors
developed by EPA for the purposes of
reporting, even though the facility does
not believe the estimates are accurate.
Commenters suggested a variety of
changes to the certification statement to
correct the problem. Several
commenters suggested that the burden
of the accuracy of reports be placed on
the Agency's instructions to the form.
Another proposed approach would
provide a certification that the
information is "substantially accurate
and complete."
The Agency has decided to modify the
certification statement to tie the concept
of accuracy with reasonable estimates
of amounts and values reported. Such
estimates must be based on the
information available to the preparer of
the report. This revision addresses the
commenters' concerns and sets accuracy
of reporting within the context set forth
by Congress. The revised certification
statement reads as follows:
"1 hereby certify that I have reviewed
the attached documents and. to the best
of my knowledge and belief, that the
submitted information is true and
complete and that the amounts and
values in this report report are accurate
based on reasonable estimates using
data available to the preparers of this
report."
B. Facility Identification
1. Technical contact, addition of a
public contact. In the proposed rule EPA
asked for a technical contact to be
listed. The primary purpose for including
a technical contact on the proposed
form was to allow EPA to follow up
reporting with questions pertaining to
the completeness and technical integrity
of the data. Commenters stated that
only EPA or State officials should be
designated to contact the "technical
contact" of a facility. In addition.
commenters recommended that they be
allowed to provide a public contact
different from the technical contact.
EPA has done two things regarding
the technical contact. First, for
clarification, it should be noted that the
technical contact does not have to work
at the geographic location for which the
report is submitted. The technical
contact can be: (a) Someone at the
facility; (b) someone at the same
company, but at a different location: or,
(c) a consultant. The name and
telephone number of the technical
contact must be provided on the form.
The technical contact information will
not be included in the public data base.
Second, in addition to the technical
contact, EPA is requiring facilities to
provide the name and telephone number
of a public contact for the facility. The
public contact may be the same as the
technical contact, or someone different.
EPA added a public contact to provide
firms within the flexibility of designating
types of personnel most appropriate to
the task of handling technical inquiries
about the submission versus general
information inquiries from the public.
The public contact information will be
included in the public data base.
2. Latitude/longitude. EPA did not
propose to require companies to submit
the latitude and longitude of their
facilities in the proposed form. Several
commenters expressed great interest in
having this data included as a facility
identifier. The primary reason for asking
for this information is its importance for
geographic information systems. These
computer-based systems enable EPA
and other ogranizations to model
exposures resulting from chemical
releases and produce graphic
representations of such exposures.
In addition, these coordinates help to
verify the location of facilities and will
help EPA and other users of the section
313 data base interface with other data
bases containing such geographic
coordinates.
Therefore, EPA has added latitude
and longitude as a reporting element for
identifying the facility. However. EPA is
adopting a phase-in approach for
providing this data. For reports due by
July 1,1988 (covering 1987), EPA is
requiring firms that have the information
readily available to report it. For
example, certain environmental permits
held by a facility may already contain
this information. Also, county property
records or facility plans or blueprints
may show the latitude and longitude
coordinates. Latitude and longitude
information for all facilities is required
on the forms due by July 1.1989
(covering the 1988 calendar year). EPA
believes that the approach adopted
serves two basic purposes: (1) Latitude
and longitude information Is provided,
which is important to geographic
information systems; and (2) there is a
low burden of developing the data.
3. EPA I.D. Number, NPDES permit.
and receiving streams. In the proposed
rule, EPA provided a single line each for
listing the EPA Identification Number
(the identification number assigned to a
facility in connection with hazardous
waste generation and disposal activities
under the Resource Conservation and
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Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4513
Recovery Act (RCRA)), the NPDFS
permit numbers, and the receiving
stream or body of water for the facility.
Cornmenters pointed out that some
multi-establishment facilities can have
more than one of these identifiers or
permits, or may discharge a reported
toxic chemical into two or more streams
or bodies or water. Therefore, the
Agency has provide additional lines on
the form for these reporting elements.
C. Releases to the Environment
1. Total release. EPA proposed lhat
reporting undur section 313 account for
the total amount of toxic chemicals
entering each environmental medium
from the facility. EPA based this
interpretation on the statutory
provisions.
The definition of "releases" contained
in section 329 of Title III covers all types
of releases, both intentional as well as
unintentional. Section 313 requires
reporting of "the annual quantity of the
toxic chemical entering each
environmental mediuri" This led EPA to
ask for information on total releases
from the facility. Commenters cited the
conference report to support their claim
that Congress did not intend for
facilities to include accidental or
unintentiona! type of releases in the
quantities reported under section 313. In
discussing section 313 the conference
report begins by saying that:
This section establishes requirements for
annu.il reporting on releases of certain toxic
chemicals to the environment. This reporting
covers r>-!e^ses that occur as a result of
normal business operations, as distinct from
abnormal, emergency releases which must be
reported under section 304.
Thus, commenters v:ould argue, the
statutory definition of release is
modified by the conference report.
EPA believes that the above-quoted
conference report language was
provided for the purpose of clarifying
differences between the basic types of
reporting that occur under section 313
versus section 304 of Title III. A section
313 report is an annual report involving
annual aggregate estimates of releases
to all environmental media. A report
under section 304 is an emergency
notification. EPA does not find language
in section 313 or any other conference
report language that precludes the
quantity of a toxic chemical released
during an "abnormal, emergency
release" from being included in the total
annual amount reportable under section
313.
One of the purposes of section 313 is
assessment of cumulative exposure to
toxic chemicals. EPA believes that the
best way to accomplish this assessment
is to include all releases of toxic
chemicals over the reporting year
regardless of the mode of release. EPA
also believes that most facilities will
calculate their releases based on a total
release concept. Therefore, it could be
more burdensome to require a facility to
"back-out" the section 304 releases and
other "accidental" type releases than to
just leave them as part of the total. Also,
if the quantities of section 304 releases
were excluded from the annual
aggregate total, most data users would
not have ready access to this additional
data. This is because section 304
releases quantities will not be entered
into a nationally accessible computer
data base as will section 313 data. Thus
the public can do no automated cross-
matching of facilities in order to obtain
this additional release data for exposure
analysis purposes. Therefore. EPA is
retaining its interpretation of total
releases for the purpose of section 313
reporting.
2. Removing the section 304 release
indicator. EPA proposed that companies
indicate by checking a box whether or
not any part of the reported release was
an accidental release reported under
section 304 of Title III. Section 304
releases are certain accidental releases
of specific chemicals listed under
section 302 of Title HI as well as section
103 of CERCLA (RQ chemicals). The
purpose of asking about section 304
releases on the section 313 form was to
provide the public with an additional
means of obtaining information about
total releases (both routine and
accidental] of chemicals subject to
reporting under section 313. Several
commenters protested that asking for
information about section 304 was not in
keeping with congressional intent and
created trade secret problems.
Concerning trade secrets, commenters
were concerned about linkages that
i ould be made between the section 313
report and the section 304 report. Under
section 304, companies are not allowed
to claim chemical identity- as trade
secret: under section 313, chemical
identity is the only information element
that can be claimed as a trade secret.
The situation could arise where the
release of a particular chemical reported
under section 304 was the only release
of that chemical during the calendar
year. By checking the section 304 box on
the section 313 form, commenters
asserted that competitors could find the
chemical identity by referring to the
section 304 report.
EPA believes that the section 304
check-box would create unnecessary
reporting complications. Therefore, EPA
has decided to delete the check-box.
3. Deletion of the permit indication.
EPA proposed that for each aggregate
release, facilities would indicate
whether the toxic chemical is
specifically cited in a permit by
checking a "yes" or "no" box. The intent
of the permit indication was to provide a
starting point for the public to obtain
relevant permit information on the
specific chemical released. It was also a
way of providing some kind of
information on air permits without
requiring facilities to list numerous air
permit numbers. Most of the comments
on this issue were negative. There was
strong concern that this check-box
would be misleading and confusing to
the public. Commenters asserted that a
"no" answer may lead the public to
believe the release is unpermitted or
"unallowed" and thereby imply that a
facility is in violation of the law. The
permit indication also does not reveal
how much of the release is covered by
permits. Some commenters noted that
confusion is bound to result on the part
of the reporting facilities as to when the
permit indication should apply since
most permits do not cite or limit releases
by specific chemical. For example, most
air permits apply to categories of
chemicals, such as volatile organic
compounds (VOCs) and participates. In
addition, many permits may limit the
release of a chemical by specifying that
a control device or particular type of
treatment be employed. Therefore, many
permitted releases would not be allowed
to be checked under the proposed rule's
approach. Certain commenters believed
that EPA should broaden the permit
indication to include most other types of
permitted releases or drop it altogether.
Because the permit indication has a
high potential to provide misinformation
to the public, EPA has decided not to
include the permit check box in the final
form. EPA believes that it would
inevitably lead to misunderstanding and
confusion, not only on the part of the
public, but also by the reporting
community. EPA chose not to broaden
the interpretation of which releases
would be covered by a permit because
this would no longer serve the original
purpose of providing a link to chemical-
specific permit data. Additionally, it
would be difficult in some situations to
give a clear indication of when a permit
actually controls the release of a
specific chemical versus other
components in the wastestream. EPA
requires the listing of specific permit
numbers in the facility identification
part of the form. EPA believes that these
permit numbers provide a useful link
between the release information and
any relevant permit data.
4. Accuracy of reporting. EPA
proposed that the annual release dat»
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Federal Register / Vol. 53, No. 30 / Tuesday, February 16. 1988 / Rules and Regulations
be estimated as accurately as possible
and that figures be rounded off to the
nearest pound. Recognizing, however.
the aggregate nature of the data and
potential error in the estimates, EPA
asked for comment on other reporting
alternatives. EPA received comment on
three proposed alternative reporting
options.
(1) Report in ranges.
(2) Report to 1 to 2 significant figures.
(3) Report to a specified degree of
precision.
Many commenters on this issue were
in favor of either option 1 or 2, because
they believed that the data will not be
exact due to the error involved in
measurements and estimates, and that
these options would not misrepresent
the accuracy of the data. Several
commenters expressed concerns about
the liabilities involved for verifying the
accuracy of the data and the potential
for public misperception of the data
accuracy.
Certain disadvantages of reporting in
ranges were noted by some commenters.
Use of ranges could misrepresent data
accuracy because the low or high end
range numbers may not really be that
close to the estimated val^e. even taking
into account its inherent error. For
example, a release of 11.000 pounds/
year with a 50 percent error could be
misinterpreted as 100.000 pounds/year if
reported as a range of 10.000 to 100,000
pounds/year. Reporting in ranges may
not only misconstrue the data accuracy,
it would also make analysis and use of
the data more difficult according to
these commenters.
Because facilities are not required to
do additional monitoring and are
allowed to provide "reasonable
estimates," it would be unfeasible to
dictate that they report to a specified
degree of precision that cannot be
attained given the range of error
inherent in the estimates.
Therefore, EPA is requiring that
estimates of releases and transfers of
toxic chemicals to off-site locations be
expressed as a figure rounded to a
degree of accuracy no greater than two
significant digits.
As noted in the discussion in Unit
XV.B. EPA has adopted an optional
range reporting concept for releases to
an environmental medium of less than
1.000 pounds. Where the facility
believes that it has no release in relation
to a particular line item it could check a
box for "0". If the release is estimated to
be between 1 and 499 pounds, or 500 to
999 pounds, the facility has the option of
checking a range box or entering a
specific figure. For releases of 1.000
pounds or more the facility is required to
provide a figure rounded to no more
than two significant digits. This range
reporting is for calendar years 1987,
1988, and 1989 only.
5. Peak release. Several commenters
raised the issue of having the release
data reported in terms of its frequency.
duration, or peak value in addition to
the annual release amounts. EPA did not
discuss this issue in the proposed rule.
Commenters from environmental and
public interest groups stated that the
annual release data may not g:\e
enough information to assess some risks
accurately. Knowing how often and/or
how long the releases occur, and the
maximum (peak) amount of chemical
released per day would allow a better
evaluation of exposure and risk to the
public according to these commenters.
One commenter stated that the annual
estimates may be appropriate for
evaluating potential cancer risks but
that hourly or daily emission estimates
are useful for assessing risks for
chemicals with acute effects, other
short-term exposure effects, and
environmental effects.
Some industry commenters
maintained that more detailed
information about the frequency.
duration, and peaks of releases will be
difficult or impossible to provide. They
stated that many facilities have
numerous operations or processes
involving a chemical. They claim that
peak data would be misused and
misinterpreted. They fear that users of
the data would assume that such peaks
occur every day. They also state that the
annual data should be used as a
screening tool and that further studies
should then be undertaken to gather the
information needed to fully characterize
exposure.
EPA considers the need for more
detailed release information to be valid
and considered the following options for
possible inclusion in the final rule:
(1) Days of release.
(2) Indication of intermittent versus
continuous release.
(3) Peak data (maximum daily
amount).
(4) Days of operation.
In reviewing the options. EPA
considered how the data would be used
in a screening for levels of risk with the
currently used exposure models. Days of
release is not currently used for
modeling exposure in ambient air to
carcinogens or chemicals with chronic
(long-term) health effects. Current air
dispersion models for these types of
effects use the total annual release for
estimating exposure. The number of
days of release is used for estimating
drinking water exposure for chemicals
with non-carcinogenic health effects and
environmental effects. EPA considered
that facilities may have difficulty in
providing the number of days per year
over which the chemical is released into
tiie environment Facilities may not have
this information available, especially for
the first year's reporting and may Find it
difficult to provide in some cases. Also
this data may not be meaningful in
cases of multiple releases of different
magnitude and durations.
Reporting whether the release is
largely continuous or intermittent rr.av
be less burdensome for facilities to do.
but it may not be as useful as other
potential indicators. This is because it
does not provide quantitative
information needed for a risk
assessment and may be meaningless for
an aggregate release amount that is
compiled for all releases from many
types of processes or sources at one
facility.
Peak release data in the form of
maximum daily amounts is useful for
analysis of risks from chemicals
released to air or water with acute or
chronic non-carcinogenic effects, and
also for chemicals with environmental
effects. Peak release data can be used to
model the highest one-day acute
exposure to human and environmental
receptors on a worst-case basis to
determine if a more detailed
investigation is warranted. EPA is
uncertain about possible difficulties that
facilities may have in providing this
datum, given that several release
sources and several activities at the
facility may contribute to a single daily
release amount. It may not be possible
to estimate the maximum daily release
using some estimation techniques, such
as overall mass balance or emission
factors, which are available for
estimating the annual release data.
The number of days of operations
invoking the chemical may be easier for
facilities to provide than other types of
indicators. It could be used to estimate
an average daily release using the
annual data, but there are weaknesses
for using this data in modeling because
the releases may not actually occur
during all the days of operation.
EPA has not included an additional
peak release type reporting element in
the final rule. Such an additional
reporting element would require a
significant change to the form. The
Agency believes that it will be
necessary to further analyze the above
options and to investigate additional
options. In its analysis the Agency will
determine what type of data is needed
to better characterize exposure and risk.
and determine how this data can best be
reported by facilities. Because of the
need for further analysis and input from
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Federal Register / Vol. S3. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4515
the public and regulated community,
EPA plans to propose an amendment to
this rule dealing with this issue within
the second quarter of 1988. At that time,
EPA will seek comment on this issue in
order to develop the most appropriate
way of obtaining this data.
6. Dtsuggregatioii of air emissions.
EPA proposed that fugitive or non-point
air emissions be reported separately
from stack or point source air emissions.
Facilities would include all emissions to
air of a listed chemical and separate
such emissions quantities into fugitive or
stack type emissions. The instructions
gnvc clarification as to how to
differentiate between the two types of
sources. EPA proposed to distinguish
between these two source categories for
two reasons. First, estimates of stack
emissions are likely to be more accurate
than estimates of fugitive emissions
because stack emissions can be directly
measured. Better overall information on
air releases can be obtained if fugitive
emissions arc reported separately and
the accuracy of the data on stack
emissions is preserved. Second,
separate reporting of fugitive and stack
emissions will enable regulatory
agencies and other users of the data to
judge the relative significance of the two
sources of releases.
Many commenters thought EPA
should not require this disaggregation.
Two commpnters agreed with the
proposal while one commenter stated
that the form should collect five
categories of release on air emissions:
Proces.1?, fugitive, storage, transfer
operations, and waste treatment
emissions. Some commenters thought
EPA should require only reporting of
point source releases because fugitive
emissions are too difficult to estimate
accurately.
EPA has retained the reporting of air
emissions as proposed. This issue
received much discussion and review
before the rule was proposed and the
reasons for not further disaggregating air
emissions still remain the same. First,
farther discggregation would not be
consistent with EPA'i approach of not
requiring specific information on the
sources of releases to minimize trade
secret claims. Second, the burden on
facilities would increase tremendously if
farther desegregation were required.
For example, a facility will be able to
estimate an aggregate non-point air
release using a mass balance approach.
but it would be very difficult for it to
further divide this amount into releases
from transfer operations, leaks, and
waste treatment emissions. Because the
majority of measured data available will
be on stack emissions, this is one
mechanism available to facilities to
distinguish between two types of air
emissions. EPA believes that requiring
disaggregation only into poml and non-
point source categories is the best
balance of data usefulness and industry
burden for this reporting requirement.
7. Releases to water—d.
Disaggregation of releases by receiving
stream. For direct discharges, the issue
of how to report multiple receiving
streams for one facility was raised by
one commenter. The proposed form
allowed only one line on page 1 of the
form to report a stream or body of water
that receives a facility's wastewater
flow. EPA has revised the form to allow
r°porting of up to three receiving
streams. These streams are to be
numbered and the applicable stream
numbers reported in connection with the
direct discharge release amount to that
stream.
b. Inclusion of stormwater releases.
KPA proposed that thn total releases of
a chemical to surface waters include the
contribution from stormw ator if the
facility's permit included storrnwater
sources. Given the potential difficulty in
estimating the contribution of
ptorniwater to the total release of a
chemic.il. EPA specifically asked for
comment on the inclusion of storniwater
discharges and how these releases
should be estimated and reported.
Many commenters thought that EPA
should not require reporting on release
in stormwater bscause it is very difficult
to estimate amounts of toxic chemicals
present and intermittent flowrates
without monitoring and measurement.
Without such information, it would be
virtually impossible to estimate these
types of releases to any degree of
accuracy. Several commenters pointed
out that EPA has not yet developed final
stormwater regulations or guidelines
under the Clean Water Act because of
the technical problems involved. Two
commenters believed that facilities
should be required to include
stormwater releases to surface waters
and publicly owned treatment works
(POTWs) and that these should be
reported separately on the form.
Some facilities have submitted permit
applications relative to stormwater
discharges. As a result of passage of the
Clean Water Act Amendments in
February 1987, EPA is currently drafting
new stormwater regulations. Some
facilities may have stormwater
discharges permitted under NPDES
industry subcategory effluent limitations
or through the discretion of the permit
writer. Even if a facility's slormwater is
covered by a permit, howe\ er, it may
not have eiy specific chemical
monitoring data depending on when the
permit was issued. Also, most permitted
stormwater releases are required to be
monitorfd for conventional pollutants
such as biological oxygen demand
(BOD), total organic carbon (TOC), etc.,
rather than specific chemicals.
Therefore. EPA is requiring facilities
to indicate the stormwater contribution
to surfdce water releases only if the
facility has monitoring data on the
section 313 chemicals in such
stormwater and a measurement or
estimate of flowrate. If so, the facility
must enter the percent of the release
that is attributable to stormwater in Part
III. Section 5.3C of the form. If the
facility does not have periodic
measurements of the chemical releases
but has submitted chemical-specific
monitoring data in its permit
application, it should use these data as a
basis for its estimate. Flowrate data can
either be data submitted in a permit
application or measurements as required
by the permit (either periodic or
continuous), or can be estimated by
multiplying the annual rainfall times the
land area times the degree of
imperviousness or by another
appropriate method.
Appropriate responses to be entered
on the form include: (1) A numerical
figure representing the percent
contribution to the total release, (2) "O"
if the facility has monitored but not
detected the chemical in stormwater
discharges, and (3) "N/D" if the facility
has no monitoring information relative
to the chemical in storm water
discharges.
8. Specific line for reporting
underground injection re/ease. One
commenter raised the issue of how
releases to groundwater are reported on
the form. The commenter stated that
EPA should break out reporting of direct
and indirect groundwater discharges as
a category- distinct from releases to land.
By looking at the form only, it is not
clear how and where facilities would
report releases via underground
injection discharges. On the proposed
form, these releases were to be reported
in the Release To Land section by
entering a disposal code for
underground injection next to the annual
amount. To further clarify releases by
nnd-jrground injection of listed toxic
chemicals, EPA has included a separate
sub-section in the final reporting form
ent Jed Underground Injection (Part III,
Sec-ion 5.4).
9. Basis of estimate. For each
dggiegnte release, EPA proposed to
require an indication of the basis used
to account for the estimation of the
largest portion of the release quantity.
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4516 Federal Register / VoL 53. No. 30 / Tuesday. February 16. 1968 / Rules and Regulations
The basis of estimates provided in the
instructions were:
(1) Based on monitored or measured
data.
(2) Based on mass balance
calculations.
(3) Based on published emission
factors.
(4) Based on other approaches
(engineering judgment, etc.) Each
method would be indicated on the form
by the use of a code.
The basis of estimate provides some
indication of data quality and will
identify situations in which monitoring
data might be obtained in follow-up
activities by EPA or the States. This
indication would also allow EPA to
identify facilities and industries that
may be having difficulty estimating
releases so that further guidance may be
developed for them.
Several commenters thought that EPA
should require more detailed
information on how the releases were
estimated, such as the percentage of the
release for each method, the emission
factors used, or a brief explanation for
how other approaches were applied.
Most of the commenters representing
industry supported the use of the
proposed basis of estimate. One
commenter wanted clarification on
whether indicating the use of emission
factors applied only to the use of EPA
emission factors.
Requiring reporting of the emission
factors could result in revealing
production volume or throughput
amount of the chemical: information that
many companies consider trade secret.
Also, requiring reporting of the specifics
of the calculations used to develop the
estimates would be similar to collecting
information on each source of release,
as opposed to the aggregate release.
Such data could involve information on
quantities of process streams, also often
considered proprietary. EPA wishes to
minimize trade secret claims so that
most of the data on the specific
chemicals will be available and useful
to the public. Collecting this sort of
detailed information would be more of a
"mass balance" reporting approach, and
EPA does not have the authority to
collect mass balance information from
facilities under section 313. Such an
approach will undergo study by the
National Academy of Sciences as
required by section 313(1) to determine
the feasibility of its use for future toxic
chemical release inventory reporting.
The final rule requires the basis of
estimation as proposed. Any reasonable
emission factor may be used to estimate
releases. It is not EPA's intent that
facilities be constrained or limited to the
use of any one estimation method. The
burden is on the facilities to provide the
most accurate and "reasonable"
estimate of releases, and they should
use all available data and means to
provide these estimates. The data or
methods used must be documented in
the facility's records and made available
for review upon request by EPA
inspectors. EPA will use the basis of
estimate provided on the form as a tool
to ascertain data quality, availability of
information, and reporting problems for
facilities.
D. Off-Site Transport
EPA proposed that facilities report the
amount of the toxic chemical in waste
transferred to the off-site treatment and
disposal facilities (including POTWs),
the name and address of the off-site
location, whether the off-site location is
under the control of the reporting
facility, and the treatment/disposal
methods used off site, if known. The
rationale for inclusion of the off-site
waste transfers was to complete the
picture of chemical waste generated
from a facility and enhance the public's
understanding of the locations of toxic
chemicals in their community. Off-site
locations would also include waste
brokers, storage facilities, privately or
publicly owned wastewater treatment
works, and off-site underground
injection wells.
Most industry commenters objected to
the reporting of off-site waste transfers
for several reasons. First, commenters
stated that such information is not
required by the statute, was not
intended by Congress, and is duplicative
because of RCRA reporting
requirements for hazardous waste. The
strongest objection, however, was that
the off-site chemical, transfers do not
constitute "a release into the
environment" by the reporting facility
and should not be reported as such on
the form.
Other comments focused on whether
reporting of off-site treatment/disposal
methods is required or not and how to
report recycling and reuse of the
chemical waste off-site. A few
commentera suggested that EPA should
require the EPA Identification Number
of the off-site facility because these
numbers would help provide a better
identification of the off-site facility and
would aid in access to related
information in other data bases.
EPA has interpreted the statute to
require reporting on wastes sent off-site
because the conference report states
that reportable releases shall also
include releases "to waste treatment
and storage facilities." Also. EPA
believes that reporting wastes sent off-
site is important because the absence of
this information regarding the
generation of chemical wastes by a
facility could be misleading to the
public. Many facilities transfer a
significant portion of their chemical
wastes to off-site locations.
The information to be collected on off-
site waste transfers is different from
that required under RCRA because this
information is chemical-specific and
makes no distinction between
wastestreams which are hazardous and
non-hazardous. This type of chemical-
specific information is not currently
available to the public or EPA for many
chemical wastes. Facilities are to report
the amount of the listed toxic chemical
in waste transferred off-site. Facilities
are not to report the total amount of the
waste containing the chemical.
EPA has retained the requirement to
report transfers of a chemical in waste
to off-site locations. However. EPA has
revised the form so that off-site transfers
are distinguished from direct facility
releases to the environment, because the
disposal fate is not always known and
the off-site treatment may reduce the
amount of chemical ultimately released
into the environment. The off-site
transfers of chemicals are to be reported
in a separate section (Part III. Section 6)
of the form. Reporting of treatment/
disposal methods is required only if this
information is readily available to the
reporting facility.
Transfers to a reprocessor or recycler
of chemical waste are not reportable as
off-site transfers under the final rule.
First, the material being sent is not
bound for ultimate disposal. Second.
these types of facilities may themselves
be covered as manufacturers or
processors of the chemical and. thus,
would be accounting for any releases to
the environment.
EPA agrees with the comment that an
EPA Identification Number should be
included in connection with the name
and address of off-site locations (to be
reported in Part 11. Section 2 of the
form). If the chemical is part of a
hazardous waste, this information
element should be readily available
from information that the facility must
supply on the Uniform National
Hazardous Waste Manifest Form. If the
facility does not know the EPA
Identification Number of this off-site
location, it would enter N/A in this
space on the form.
Ł Waste Treatment Information
1. Wastestream and treatment
methods. Section 313(g)(i)(c)(iii) states
that facilities must report "for each
wastestream. the waste treatment or
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Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4517
disposal methods employed, and an
estimate of the treatment efficiency
typically achieved * * *." EPA
proposed that a wastestream be
considered as the aggregate wastes
treated in a particular manner or the
influent stream to a single treatment
method. For example, aggregate waste
going to secondary tvastewater
treatment on site would be considered
as a wastestream and reporting would
not be required for each of the numerous
waters from various process points that
are combined for treatment. EPA
proposed that the wastestream be
characterized as gaseous emissions.
wastewater. non-aqueous liquid waste,
and solid waste (includes sludge and
slurries).
In the proposed rule EPA also
requested comment on a more detailed
wastestream characterization approach.
The example used would have required
each individual wastestream containing
the reported toxic chemical to be
identified by an appropriate RCRA
waste code. Where a wastestream did
not have a RCRA waste code, other
source codes would have to be
developed.
Commenters representing industry
trade groups and individual companies
supported EPA's proposed aggregate
wastestream approach. Commenters
representing environmental or public
interest groups disagreed with the
proposal and urged EPA to adopt a
source-specific wastestream
characterization system, such as
requiring individual wastestreams to be
identified by the RCRA codes. These
commenters claimed that an aggregate
wastestream approach would severely
reduce the utility of the data and that
EPA will lose the ability to identify
particularly efficient means of
treatment
EPA has determined that it will retain
the aggregate wastestream
characterization approach as proposed.
EPA was not convinced by comments
received that a source-specific
wastestream characterization would
add materially to the data received or to
understanding more about relative
efficiencies of particular treatment
methods applied to those wastestreams.
EPA remains concerned that a very
specific wastestream approach would
add a significant degree of complexity to
the form. It would also increase the
burden associated with completing the
form without a commensurate increase
in benefits. For example, in larger
facilities several different individually
coded wastestreams, containing the
same chemical, may be sent to one type
of treatment The form would have to
provide for multiple entries for each of
these wastestreams. Yet the type of
treatment and the relative efficiency of
removal of the chemical would be the
same. There also remains the concern
about disclosure of trade secret
information if facilities were required to
identify source-specific wastestreams.
For example, many of the RCRA waste
codes are themselves specific toxic
chemicals as listed in section 313. If a
facility can substantiate that the
manufacture, processing, or use of a
toxic chemical at their facility is a trade
secret and they must then identify a
treated wastestream as that same
chemical, then trade secret protection is
effectively negated. Furthermore, to the
degree that process specific
wastestream information could reveal
sensitive process related trade secret
information, companies that might
otherwise not claim the chemical
identity as a trade secret may have more
reason to do so in order to protect the
linkage to process detail This result
would adversely affect the public's
access to information.
Finally, in many cases where more
detailed wastestream information may
be of use, such information would be of
use only in conjunction with other
detailed information, such as the
characterization of the wastestream. It
is EPA's belief that such detailed
information is more appropriately
gathered in followup activities after the
reports under this rule have been
screened to identify particular facilities
or classes of facilities of greatest
interest. EPA believes that the level of
detail in the final form will satisfy the
needs for such screening.
EPA proposed a list of treatment
codes in the instructions from which
facilities could specify the treatment
methods used for each wastestream.
This list has been revised slightly to be
more consistent with treatment methods
and codes that will be used for future
RCRA annual/biennial reporting. Such
consistency will result in less confusion
and burden for many facilities who will
be reporting waste treatment
information under two different EPA
rules. Treatment methods are to be
reported for all wastestreams containing
reportable chemicals whether this
treatment actually removes the specific
chemical or not
2. Treatment efficiency, EPA proposed
that treatment efficiency, expressed as
percent removal, would represent any
destruction, biological degradation.
chemical reaction or conversion, or
physical removal of the listed chemical
in the wastestream being treated. A few
commenters noted that some of the
treatment methods, such as
encapsulation and fuel blending, could
be reported as 100 percent efficient from
the standpoint of protection of health
and the environment EPA proposed that
these treatment methods be reported
with a 0 percent efficiency because they
do not remove the chemical by any of
the previously mentioned mechanisms.
For the final rule, EPA does not believe
that "removal efficiency" should be
stretched to include wastes rendered
"safe." "harmless." or "non-toxic" to
health and the environment without
being removed from the wastestream
because such determinations are
abstract and subjective, and would
result in inconsistent and confused
reporting, and would be misleading to
the public. Knowledge of the treatment
method used should be sufficient to
indicate to data users the mechanism of
the "treatment" employed and how it
works.
Several commenters were confused
about how to report the efficiency of
neutralization processes because this
type of treatment involves a change in
pH and they believed that the concept of
percent removal would not apply.
Neutralization does involve a chemical
reaction or conversion, such as an acid
reacting with a base to form a salt or
vice versa. Therefore, percent removal
would apply to the percent of acid (or
base) in the wastestream that was
reacted during treatment. Neutralization
also involves pH adjustment because pH
is just a measure of the acid or base
concentration in the wastestream. A pH
of 7 or above after neutralization would
indicate 100 percent treatment efficiency
of an acidic influent wastestream while
conversely, a post-treatment pH of 7 or
below would indicate 100 percent
efficiency for a basic influent
wastestream.
3. Sequential treatment. In the
proposed rule, the reporting form did not
allow tracking of sequential treatment
processes, and an efficiency was to be
reported for each treatment method.
Several commenters pointed out that for
sequential treatments, an overall
efficiency for the process would be more
useful data than a separate efficiency
for each treatment without an indication
that they are part of a sequence. EPA
also realizes that, in many cases,
facilities may not know the individual
treatment step efficiencies for a
sequential process, but would have a
good estimate of the efficiency of the
overall treatment process.
EPA has revised the waste treatment
section of the form to allow the option of
reporting sequential treatment methods
and an overall treatment efficiency if the
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4518 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
individual treatment step efficiencies
are not known. The sequential treatment
steps would be linked together by
checking a box next to each step to
indicate that it is part of a sequence. See
Part III. Section 7, column D of the form.
This revision will allow facilities to
report more accurate and relevant (in
the case of sequential treatment) data.
will reduce their reporting burden, and
will increase the usefulness and
understanding of the treatment data
reported. For sequential treatments.
facilities are to list the individual
treatment codes for the various steps in
the process, report the influent
concentration for the entire process by
entering the code next to the first
treatment step, and report the overall
sequential treatment efficiency next to
the last treatment step in the sequence.
4. Influent concentration, EPA
proposed that facilities report the pro-
treatment concentration of the chemical
in the wastestream for each treatment
method. Submitters would enter a code
corresponding to one of five ranges of
concentration. Each range covers 2 to 3
orders of magnitude, relieving facilities
of the burden of having to report the
exact concentration which may not be
measured and may fluctuate. Influent
concentration data will enhance the
evaluation and comparison of waste
treatment methods by helping users of
the data determine the effectiveness of
treatment methods for wastestreams
containing different amounts of a given
chemical.
Most commenters on this issue stated
that this information should not be
required because it was not specified in
the statute, but little comment was
received on the burden or technical
difficulties of supplying this data. EPA
has retained the reporting of the influent
concentration for each treatment
method in the final rule. The influent
concentration will aid in the evaluation
of treatment methods used throughout
industry by putting the treatment
efficiency data into better perspective.
This requirement should not
significantly increase a facility's
reporting burden because it can report
the data in fairly broad ranges. For
sequential treatments, the influent
concentration will be required only for
the firs' treatment step in the overall
treatment sequence.
F. Optional Reporting on Waste
Minimization
The proposed form included an
optional section to allow the respondent
to indicate any action taken in the past
year (other than the waste treatment
methods specified in Part III. Section 8
of the form) to minimize the generation
of waste related to the chemical being
reported. This section was made
optional because the reporting of this
type of information is not required in
section 313. However, the information
that would be provided about waste
reduction is considered by EPA to be an
important indicator of how industry is
responding to the Agency's emphasis on
better waste management through waste
reduction.
In comments on the proposed rule, the
regulated community stated that this
request went beyond the scope of the
statute and that the Agency was not
authorized to collect such information
under Title III. Reporting on waste
minimization puts an additional burden
and cost on the regulated community.
One commenter noted that if a facility
chooses not to report on waste
minimization, readers of the report may
conclude that no emission reduction is
in place at that facility. On the other
hand, public interest groups stated that
information on waste minimization
would be very useful to the public and
requested that this reporting element be
made mandatory.
The Agency has decided to retain the
optional section on waste minimization.
EPA has no coercive intent in requesting
this optional information. On the
contrary, EPA believes that this section
will provide respondents with a positive
way to demonstrate to the public the
beneficial waste reduction activities
they have undertaken. EPA believes that
the information provided by industry
can indicate longer-term trends in waste
reduction activities. However, the
Agency has attached a 3 year sunset to
this optional section. EPA intends to
study the benefits of this section and
will review the potential overlap
between this reporting question and
reporting on waste minimization under
RCRA regulations.
The proposed optional reporting
section also included space for
providing a narrative description of
waste minimization activities. The
Agency has decided to drop the
narrative space because it will be
difficult for the computerized data base
to accommodate such textual data.
VIII. Chemical List Issues
A. Modifications to the List
EPA received many comments
suggesting modifications to the list of
chemicals subject to section 313
reporting. Among these comments were
suggested additions to the list
corresponding to other regulated
chemicals such as the 47 toxic pollutants
regulated under the Clean Water Act.
Another comment reflected that all
known carcinogens should be on the list.
Many other comments were made
suggesting specific chemical deletions
from the list of section 313 chemicals.
EPA realizes that some of these
recommendations may be valid.
However, the Agency chose not to use
this initial rulemaking as means to
modify the list of covered toxic
chemicals. EPA plans to begin an in-
depth review of the list of chemicals
currently subject to reporting and an
evaluation of chemicals that should be
added to the initial list beginning in the
first quarter of 1988. The comments
which the Agency has received will be
useful in helping the Agency develop its
methodology for this list review. Any
changes to the section 313 list of
chemicals that appear appropriate
based upon this review will be proposed
for public comment.
B. Nomenclature
1. CAS preferred name versus
common trade name. The list of
chemicals mandated by section 313
contained certain entries identified by
trade names, not chemical names. For
example. Parathion is a trade name. The
chemical name with the corresponding
CAS registry number is Phosphoric acid.
O,O-dimethyl-O-(4-nitrophenyl)ester.
EPA stated in the proposed rule that
reporting facilities should not have to
use a competitor's trade name for
reporting purposes and so, in the case of
a listed trade name, an alternative CAS
preferred name was offered in solid
brackets. The Agency intends to use the
CAS registry number as the unique
identifier for all chemicals except for the
20 chemical categories. Therefore,
reporting facilities can use either the
trade name or the CAS preferred name
that appears in § 372.65 (a) and (b) of the
rule as long as the corresponding CAS
registry number appears on the form.
2. Cyanide compounds. Although
cyanide compounds are described with
a CAS registry number, cyanide
compounds are considered a chemical
category as defined in $ 372.65(c) of the
rule. The CAS registry number refers to
the cyanide anion (CN—), which is not a
discrete reportable chemical without a
counterion. Therefore the CAS registry
number listing for cyanide compounds in
I372.65 (a) and (b) of the rule has been
removed.
3. Metal and metal compounds. The
original committee print of the list of
chemicals subject to reporting under
section 313 listed metals and their
compounds with the CAS registry
number which corresponded to the
metal only. In its proposal, EPA sought
to separate the metal from metal
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Federal Register / Vol. 53. No. 30 / Tuesday, February 16. 1988 / Rules and Regulations
4519
compounds. The distinct metal appears
with its CAS registry number in j 372.65
(a) and (b). and the corresponding metal
compounds category appears in
§ 372.65(c) because it is a chemical
category.
4. Dyes and Color Index names. EPA
received comment that some dye
chemicals are listed by a common name
whereas others are listed by a Color
Index (C.I.) name. For example,
Auramine (CAS No. 492-80-8) has the
Color Index name of C.I. Solvent Yellow
34. It was suggested that the list would
be much clearer if all of the dye
chemicals were listed by their Color
Index names. Furthermore, the
chemicals Direct Black 38. Direct Blue 6.
and Direct Brown 95 should also be
listed with the "C.I." prefix. The Agency
agrees with these suggestions. Listing
these chemicals using the Color Index
name makes the list consistent. In
§ 372.65(a) of the rule all of these dye
chemicals are listed together. EPA has
included the common name in brackets
in the case of Auramine.
5. Clycol ethers. Commenters
suggested that the Agency should
include specific Clycol ethers in the
chemical specific listings of $ 372.65 (a)
and (b) of the rule and remove it as a
category from 5 372.65(c). EPA considers
this an amendment or modification to
the list of chemicals and is oot changing
the list in this rulemaking.
C. Reporting Substances of a Certain
Form
Certain of the chemicals listed in the
Committee Print have parenthetic
qualifiers listed next to them. EPA
attempted to clarify these qualifiers in
its proposal. A chemical that is listed
without a qualifier is subject to reporting
in all forms in which it is manufactured,
processed, and used.
1. Fume or dust. Three of the metals
on the list (aluminum, vanadium, and
zinc) contain the qualifier "fume or
dust." EPA interprets this qualifier to
mean that a facility is manufacturing.
processing, or using the metal in the
form of fume or dint Fume or dust does
not refer to "wet" forms, solutions, or
slurries, for example, but only dry or
anhydrous forms of these metals. As
explained in Unit IV.A. of this preamble,
the term manufacture includes the
generation of a chemical as a byproduct
or impurity. In such cases, a facility
should determine if. for example, it
generated more than the 1987 threshold
of 75,000 pounds per year of aluminum
fume or dust as a byproduct of its
activities. If so then the facility must
report that it manufactures aluminum
(fume or dust). Similarly, there may be
certain technologies in which one of
these metal* J« processed in the form of
a fume or dust to make other chemicals
or other products for distribution in
commerce. In reporting releases, the
facility would only report releases of the
fume or dust.
2. Manufacturing qualifiers. Two of
the entries contain a qualifier relating to
manufacture. For isopropyl alcohol the
qualifier read "mfg.—strong acid
process." For saccharin, the qualifier
simply reads "manufacturing." In the
case of isopropyl alcohol EPA interprets
the qualifier to mean that only persons
who manufacture isopropyl alcohol by
the strong acid process are required to
report. In the case of saccharin, only
manufacturers of saccharin are required
to be reported. A facility that processes
or otherwise uses either chemical would
not be required to report for those
chemicals. In both of these cases,
supplier notification does not apply.
3. Solutions. Four substances on the
list are qualified by the term "solution."
These substances are ammonium
nitrate, ammonium sulfate, sodium
hydroxide, and sodium sulfate. EPA
interprets the term "solution" to refer to
the physical state of these chemicals.
Only facilities that manufacture,
process, or use these chemicals in the
form of a solution would be required to
report these chemicals. See D. of this
Unit for a further discussion of
solutions. In these cases supplier
notification applies only if the chemical
is distributed as a solution.
4. Phosphorus (yellow or white). The
listing for phosphorus is qualified by the
term "yellow or white." This refers to a
chemical state of phosphorus meaning
that only manufacturing, processing, or
use of phosphorus in the yellow or white
states triggers reporting. Conversely,
manufacturing, processing, or use of
"black" or "red" phosphorus would not
trigger reporting. Supplier notification
applies to distribution of yellow or white
phosphorus.
5. Asbestos (friable). The listing for
asbestos is qualified by the term
"friable." This term refers to a physical
characteristic of asbestos. EPA
interprets "friable" as being crumbled.
pulverized or reducible to a powder
with hand pressure. Again, only
manufacturing, processing, or use of
asbestos in the friable form triggers
reporting. Similarly, supplier notification
applies only to distribution of friable
asbestos. EPA received comment to
include other forms of asbestos. As
noted above, the Agency has chosen not
to use this rulemaking as a vehicle for
modifying tfw initial list of chemicals.
D. Reporting Chemical Solutions
1. De minimi's cut-off for chemical
solutions. The list of chemicals in
15 372.65 (a) and (b) contain the
qualifier "solution'-' for some entries
such as sodium sulfate (solution). This
qualifier is defined in C.3. of this Unit.
Technically, a solution is a mixture or
formulation. Certain commenters
suggested that a de minimi's cut-off be
applied to the reporting of chemical
solutions consistent with the concept of
a de minimi's limitation for mixtures.
EPA agrees with this suggestion because
reporting on these four substances is
consistent with mixture reporting.
Chemicals with the qualifier "solution."
such as sodium sulfate that are
manufactured processed, or otherwise
used in excess of the de minimis levels
must be factored into threshold and
release reporting requirements of this
rule.
2. Neutralizations and pH
adjustments. EPA received comment
regarding neutralization of solutions
such as dye baths and pH adjustments
of wastewater.
Neutralization is interpreted by EPA
as a chemical reaction. For example,
sodium hydroxide solution it used to
neutralize a dye bath and a solution of
sodium sulfate is formed. Assuming that
other reporting requirements are met,
this facility is viewed by EPA as a user
of sodium hydroxide (solution), and a
manufacturer of sodium sulfate
(solution), even if the sodium sulfate is
destined for disposal. Releases of
sodium hydroxide (solution) and of
sodium sulfate (solution) would be
reported
Adjustments of the pH of a solution
present a more complex circumstance in
establishing reporting with respect to
threshold requirements. The input of a
chemical such as sodium hydroxide
(solution) into wastewater for pH
adjustment constitutes a use of that
chemical and is reportable. Therefore
EPA is requiring facilities that use
section 313 chemicals for pH
adjustments and neutralizations to
report if they meet an applicable
threshold, even if these chemicals are
consumed and no releases result.
However, EPA realizes that there may
be many situations where pH
adjustments are made to complex
mixtures such as wastewater, where it
may be very difficult to determine
whether a section 313 chemical is being
"manufactured" during this
neutralization. Furthermore, quantifying
these chemicals for the purposes of
meeting reporting thresholds may be just
as difficult. The facility must report if it
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4520 Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
knows that a listed toxic chemical is
generated as a result of such
neutralization and has data that allows
for a reasonable estimate of the quantity
generated.
IX. Trade Secret Provision*
A. General Trade Secret Issues
The Agency received a number of
comments relating to the trade secrecy
implications of certain proposed form
elements. Many of these comments have
been addressed in the applicable units
of this preamble. EPA also received a
number of other general comments on
trade secrecy as they relate to claims
under section 313.
EPA proposed a rule in the Federal
Register of October 15,1987 (52 FR
38312). Part of this proposed rule
contains procedures for claims of trade
secrecy under Title III, including a
proposed trade secret claim
substantiation form. General comments
on trade secrecy under the proposed
section 313 rule will be reviewed and
considered as part of the above-
referenced proposed rule.
Until such time as the trade secret rule
is finalized, persons subject to this final
rule are required to comply with section
322. Accordingly, to do so persons who
claim the chemical identity of a toxic
chemical as a trade secret should follow
the provisions of the proposed trade
secret rule. (One exception is noted in B.
of this unit regarding the generic
chemical name which is required to be
provided in the section 313 submission.)
Persons should also use the proposed
trade secret claim substantiation form
until a final form is published.
D. Identifying Adverse Health and
Environmental Effects Information in
the Data Base
Section 322(h)(2) of Title HI requires
FPA to identify the adverse health and
environmental effects associated with a
toxic chemical that is claimed trade
secret and assure that such information
is included in the computer data base.
The conference report further explains
that "(t]he adverse effects identified
should be described in general terms so
as not to provide a unique identifier of a
Particular trade secret chemical."
EPA identified several options in its
proposed rule for meeting this
requirement of providing adverse effects
information relating to trade secret
claims. One option would be to develop
a cumulative, worst-case effects
characterization for the predefined
generic class of the chemical.
A second option discussed was a
modified generic identification approach
v.hcre companies would be required to
develop and submit a generic identity
for the chemical, and the EPA would
develop the associated adverse health
effects description that relates to the
general class or category of the
chemical.
A third approach mentioned in the
proposed rule would be to attempt to
develop individual adverse effect
profiles that would be substance-
specific but would mask any particular
effect that is unique and that could
divulge its chemical identity.
EPA received comments on the above
options. Comments generally pointed
towards the obvious difficulty of
maintaining chemical identity as trade
secret while providing adverse health
and environmental effects information.
It is the EPA's intention to provide the
public with as much detailed
information as possible on adverse
effects. However, the Agency is also
obligated to protect the chemical
identity from disclosure through the data
base when a legitimate trade secret
claim is made.
EPA approached this issue by
developing a matrix of the 309 listed
chemicals against the 10 health and
environmental effects specifically
mentioned in section 313(d). Toxicity
data were accumulated from standard
literature sources and. where applicable,
interpreted using Agency guidelines. The
results showed that there were
approximately 70 chemicals that
exhibited unique toxicity patterns
within the 10 effects. EPA proceeded
with this analysis by collapsing the 10
adverse effects categories to attempt to
arrive at a point where there were no
chemicals that exhibited a unique
toxicity pattern. To reach the "no
unique" result, it was necessary to
collapse the categories to the following 4
general categories: Carcinogenicity,
acute toxicity, other human health
effects, and environmental toxicity.
EPA was surprised by the results of
this analysis. EPA believes that
Congress did not anticipate that its
mandate to balance trade secret
protection with the ready availability of
effects information would lead to such a
low degree of specificity for the effects
information. EPA will continue to
explore alternatives for providing the
public with more specific effects
information in connection with
chemicals claimed trade secret. The
Agency plans to publish the analysis
mentioned above for comment sometime
in the second quarter of 1988 before
making any final decisions on the
adverse effects identified in the data
base.
The only impact of this analysis on
the final rule is that EPA will not use the
predefined generic classes as originally
proposed. The analysis indicated that
even the four-effects matrix, when put in
the context of these generic
classifications, created unique patterns
for certain chemicals. As a result the
Agency has decided to require the
reporting facility to provide a suitable
generic chemical name that is
structurally descriptive of the chemical
that is claimed trade secret.
X. Recordkceping
EPA proposed a 5-year recordkeeping
period. Several commenters objected to
this proposed provision. They asserted
that 5 years was an excessively long
period of time to require facilities to
maintain records relative to the reports
under section 313. They asserted that a
3-year recordkeeping period would be
sufficient and would be consistent with
the 3-year recordkeeping period in other
EPA regulations relative to air, solid
waste, and water.
One reason EPA proposed a 5-year
recordkeeping period for section 313
submissions is the expected high
number of facilities potentially subject
to reporting. A 5-year period would
allow EPA to inspect a larger number of
facilities. However, after a review of the
issue EPA believes that a 3-year
recordkeeping period will be sufficient
given that EPA will be receiving
submissions annually from covered
facilities. Therefore, the recordkeeping
period is 3 years from the date of
submission of a report for all
information relative to the preparation
of that report.
In addition to persons who must
submit reports under the final rule, a
supplier of a mixture or trade name
product must keep records of the fact
that they provided the required
notification relative to the presence and
composition of covered toxic chemicals
in products they distribute in commerce.
Such records must, where applicable,
include an explanation of why the
specific chemical identity was
determined to be a trade secret and the
appropriateness of the generic chemical
name provided in the notification
relative to that chemical. If the supplier
provides an upper bound concentration
value instead of a specific
concentration, the supplier must provide
in its records an explanation of why the
specific concentration is deemed a trade
secret and the basis for the upper bound
concentration limit.
XI. Economic Impact
EPA has prepared a Regulatory
Impact Analysis (RIA) in connection
with this final rule. The RIA assesses
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Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
4521
the economic impact of the final
regulation on the affected industry
(manufacturing, SIC codes 20 through
39) and State and Federal governments.
The following cost results are presented
in the analysis document titled,
"Regulatory Impact Analysis in Support
of Final Rulemaking Under Section 313
of the Superfund Amendments and
Reauthorization Act of 1986."
Three alternatives are considered in
the RIA for implementing section 313:
Alternative I—Facilities report by letter.
Alternative II—Facilities report on the
proposed version of Form R. Users
must contact supplier concerning
mixtures and trade name products.
Alternative III—Facilities report on the
final version of Form R. Supplier
notification.
The population of facilities that would
be required to submit reports under
section 313 is based on three sources:
census data for national totals of
facilities engaged in manufacturing,
surveys of toxic substances use
conducted by 6 States and localities
involving a subset of the substances
contained in the list of 329 chemicals
convered by section 313, and production
of toxic chemicals reported for the Toxic
Substances Control Act Inventory.
Section 313 requires annual reports on
releases of toxic chemicals from an
estimated 31.800 facilities. Overall, the
Agency may receive an estimated
318.000 reports annually. This equals an
average of 10 reports per facility.
The total costs per average facility, as
well as per chemical report costs, are
shown in Table I below.
TABLE I.—TOTAL COSTS PER AVERAGE REPORTING FACILITY AND PER CHEMICAL REPORT ($/YR.)
Compliance determination
Recordkeeping
Formatting
Repofi cofnpietKX) (10 craemicals) ........... ,,.. , . ... ....... ...... ... .... , ., ,
Identification of mixtures .. , -
Report completion (3 mixtures) _ .. _
Mailing _....
Total costs per facility _
Total costs per chemical report _ - ..
Regulatory alternative 1
First year
1,195.20
101 76
1.223 12
9,036.69
2.222.93
23266
694
14,019.30
1,401.93
Subse-
quent
years
298.80
41.92
6.144.98
200.72
158.34
6.94
6.851.70
685.17
Regulatory alternative
II
First year
1,195.20
101.76
11.295.80
2.222.93
291.22
6.94
15.113.85
1,511.39
Subse-
quent
years
298.80
41.92
7,680.60
200.72
197.78
694
8.426.76
842.68
Regulatory alternative III
First year
1,195.20
101.76
11.59500
0.00
0.00
6.04
12.898.00
1.289.80
Subse-
quent
years
29880
41 92
7.864.06
96.34-
887.76
0.00
6.04
8,327.16-
9.11858
83272-
911.86
Source—RIA 1987.
The costs represented in Table I are
for reporting facilities. The final rule will
cause costs to be incurred by more
facilities than will actually be subject to
reporting. All facilities with 10 or more
full time employees in SIC codes 20
through 39 will incur some costs
associated with compliance
determinations (i.e., becoming familiar
with the rule and the form, and
determining if they meet the threshold
requirements for any of the section 313
chemicals). An estimated 146,450
facilities will incur the compliance
determination costs. These costs, which
do not vary across the alternatives, are
included in the aggregate industry costs
shown in Table II below.
TABLE II.—AGGREGATE COSTS FOR INDUSTRY: FIRST AND SUBSEQUENT REPORTING YEARS
[Million dollars per year]
Filing., „ ,, , , ,
Formatting .._„... .... „, .... ..,..,„ , .,,
Report completion for chemicals.... .
U«^f«.fefMrnng lyl fnjytu»et. .......... ,,„.. ,, . .,, .. . , ,,, , ,,,,,,,
Uflers-cftntartmg suDpeers . „
Report completion tor matures __ „ .._ _ . ._. „_ ._ „ _ ...„_
Suppliers identification of mixture* __._„.__ ._ „.__..„. ._..._._
Suppliers informing users
T«- -
Regulatory
alternative 1
First
year
137.3
3.2
389
287.6
27.2
43.5
7.4
0.8
10.3
SM.2
Subse-
quent
years
343
1.3
195.6
2.0
4.4
S.1
0.1
1.0
243.8
Regulatory
alternative II
First
year
137.3
3.2
359.4
27.3
43.5
9.3
04
10.3
591.0
Subse-
quent
years
34.3
1.3
244.4
2.0
4.4
6.3
0.1
1.0
293.9
Regulatory alternative
First
year
137.3
3.2
359.4
27.2
527.1
Subsequent
years
343
1.3
250.9-2539
2.0
0.1-0.8
0.7-6.9
289.3-299.2
Source—HIA.
Rang* of costs in subsequent yean of Artemetive III reflects elements that are pha**d-in. That is, the high end of the rsnges represents year 2. and the tow end
represents subsequent years.
The other major costs that will be
incurred by non-reporting facilities
involve mixtures and trade name
products. The proposed rule would have
required that processors and users of
mixtures and trade name products
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4522 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
contact suppliers and document the
information provided by suppliers. If
information were not provided by
suppliers, processors and users were
required to submit partial reports for
mixtures and trade name products. The
final rule places the burden on the
supplier to provide the information to
users. Suppliers and users would incur
costs under all alternatives, as shown in
Table 11. Supplier costs are lower for the
final rule, because suppliers would be
initialing the information, rather than
responding to requests from users.
The costs of users will also be lower
for the final rule, as the information on
mixtures will be made available to them
and consequently there will be no costs
for contacting suppliers and
documenting the contacts.
To compare costs of the proposed rule
to the final rule it is necessary first to
understand that the costs for the
proposed rule have been revised. The
four major reasons for revisions to the
cost estimates are summarized as
follows:
1. The number of chemcial reports per
facility increased from 4 to 10. Basis for
change: Public comments, section 313
pretest, and data from five additional
State and local data bases on chemical
use.
2. Costs for compliance
determinations increased by 33.0
percent Basis for change: Revisions to
costs developed in the RIA for the
proposed Comprehensive Assessment
Information Rule (CAIR).
3. Estimates for calculating releases in
the proposal were based on pretest of
CAIR form and contractor estimates.
These estimates have been reduced by
30 percent. Basis for change: Revisions
to proposed CAIR costs and section 313
pretest.
4. Costs for suppliers (screening
mixtures and informing users) and users
(screening mixtures) were not originally
included.
These costs axe compared in Table III
below.
TABLE III.—SUMMARY OF COST COMPARISON BETWEEN PROPOSED AND FINAL RULE
(Rrst-year cost)
Costs per facility -
Total number o> chemical report! __..-.
Total number ol partial mixture __ _J
Total industry costs -
"fpOtt fV tfflty ....._.......,
Proposed
$12,500 ..,,.. .
'32,340 , .....
32760 - .. _
$472 7 million $527 1 million _
4 cftemcftl, 1 mixture- _ ^
Revised proposed final
$1S 100, $1?9fX)
319000 31^000
Q«jon
$591.0 million
3 chemical. 7 tutt raporta-mixtures, 3
partial reports-mature.
:3 chemical. 7 fuft reports-mixtures.
The number of chemical reports per
facility increased 2.5 times but initiaJ
doubling of CAIR estimates was found
to be unnecessary and inclusion of
supplemental time to estimate releases
was also found to be double counting.
First year costs per reporting facility
increased from about $12.500 in the June
RIA to $15,100 for this same (proposed)
version of the form, reflecting the above
factors and an increase from the more
thorough accounting for the
responsibilities attributed to mixtures.
Phase-in of mixtures and placement of
the burden upon suppliers rather than
users account for the final rule's
(Alternative HI) lower cost of $12,900 per
facility.
EPA has chosen to develop the form
and rule in order to provide for uniform
reporting, so that a computerized data
base of high quality and utility can be
created and maintained EPA will incur
costs to process, check, •tore, and make
available the data reported under
section 313. EPA's costs will vary
depending upon its choice of data
management systems and policies, but
are estimated to range from between
$7.7 and $26.4 million per year. States
will also have some expenses for
processing, storing, and distributing
reports sent to them. State costs are
estimated to be from $1.7 to $2.2 million
per year.
XII. Duplication of Reporting
Under both section 313 of SARA and
section 103 of CERCLA. EPA requires
companies to submit information on
chemical releases into the environment.
While the two statutory provisions are
similar in their reporting requirements,
they differ in both scope and purpose.
Section 313 requires reporting only by
facilities in SIC codes 20 through 39.
Section 103(f)(2) places no such
restrictions on its applicability. Also,
some chemicals covered under CERCLA
section 103 are not subject to SARA
section 313 reporting requirements, and
certain additional chemicals not subject
to CERCLA notification are included in
section 313 notification requirements.
The two statutory provisions also
differ in purpose. While the purpose of
section 313 of SARA is to create a
Federal inventory of the listed
chemicals, the purpose of the CERCLA
section 103 reporting requirements is to
gather information for emergency
response.
A review of the issue found that
significant amounts of duplication do
not exist between these two
requirements.
xm. Public Data Base
Section 313(jj states that the
Administrator shall establish and
maintain in a computer data base a
national toxic chemical inventory basH
on data submitted to the Administrator
under section 313. EPA shall make this
data accessible by computer
telecommunications and other means to
any person on a cost reimbursable
basis.
EPA is reviewing potential options
through which the toxic chemical
inventory can be made available to the
public. There are numerous vehicles and
mechanisms under consideration by
EPA for the wide dissemination and
accessibility of the inventory to the
public on a cost reimbursement basis
with the potential for fee reductions or
waivers.
EPA developed early draft options as
examples of potential vehicles and
mechanisms for the public availability
of a toxic chemical inventory data base.
This preliminary draft options paper
was the subject of a public meeting held
on April 20,1987. Comments from this
public meeting and subsequent
discussions with other Federal agencies.
industry. States, and environmental
groups are serving as the basis for
further analysis by EPA.
After further review of public
availability options, EPA will determine
which set of products and services will
provide the most feasible and widest
dissemination of the toxic chemical
inventory to the public. EPA expects to
be able to make the data base available
in the first quarter of 1989.
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Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4523
XIV. Rulemaking Record
The following documents constitute
the rulemaking record for this rule
(docket control number OPTS-W0002A).
Alt documents, including the index of
this record, are available to the public in
the OTS Reading Room from 8 a.m. to 4
p.m., Monday through Friday, excluding
legal holidays. The OTS Reading Room
is located at EPA Headquarters, Rm.
NE-G004. 401 M St.. SW.. Washington.
DC 20460. The record includes the
following information considered by the
Agency in developing this rule:
1. Documents in docket no. 400002 at
the date of publication of the proposed
rule.
2. The proposed rule.
3. Transcripts of public meetings held
July 24 and 27, and August 4,1967.
4. Written comments received on the
proposed rule.
5. Summaries of meetings held with
representatives of industry, public
interest groups, and State government
officials.
6. The document titled "Regulatory
Impact Analysis in Support of the Final
Rulemaking Under section 313 of the
Superfund Amendments and
Reauthorization Act of 1986" (1987).
XV. Regulatory Assessment
Requirements
A. Executive Order 12291
Under Executive Order 12291, EPA
must judge whether a rule is "major"
and therefore requires a RIA. EPA has
developed a RIA as described in Unit
XI. This RIA shows that the combination
of impacts of the statutory provisions of
section 313 and the interpretive
provisions of this rule may create a first
year impact of $527 million and a second
year impact of $299 million. EPA has
determined that this rule is "major"
because it may have an effect of $100
million or more on the economy. EPA
does not. however, anticipate that this
rule will have a significant effect on
competition, costs, or prices.
This rule was submitted to the Office
of Management and Budget (OMB) for
review as required by Executive Order
12291.
B. Regulatory Flexibility Act
Section 313 and the final rule exempt
certain small businesses from reporting.
i.e., those facilities in SIC codes 20
through 39 with fewer than 10 full-time
employees. The statutory exclusion of
facilities with fewer than 10 full-time
employees exempts 48 percent of all
manufacturing facilities in SIC codes 20
through 39. After also considering the
volume thresholds, EPA estimates that
section 313 will require reporting from
approximately 3.0 percent (9,400 of
277.100) of all small manufacturing
facilities with less than 50 employees.
Analysis to support the proposed rule
indicated that for some segments of the
manufacturing sector the compliance
costs of reporting will have a significant
impact. Specifically, reporting costs are
estimated to be between 1.0 and 2.0
percent of median sales for facilities
with fewer than 50 employees; and
between 2.0 and 4.0 percent of median
sales for facilities with 10 to 19
employees. Subsequent to proposal, the
Agency developed and included a
Regulatory Flexibility Analysis in the
RIA to examine options that might
reduce the burden to small businesses.
The Agency received extensive
comments on the impacts of the
proposed rule on small businesses from
the small Business Administration
(SBA). SBA presented several
alternatives designed to reduce the
burden to small businesses, based on
the premise that small facilities (those
with fewer than 100 employees) have
nothing significant to report. These
alternatives are discussed beiow.
SBA proposed the development of
thresholds based on risks posed by
various emission sources. SBA
maintains that data exists from the
Agency's regional studies that would
allow the Agency to calculate risks from
air and water emissions, from which the
Agency could develop thresholds for
reporting based on specific risks. From
its review of the data, SBA concludes
that "small firms collectively contribute
only a small fraction, generally less than
10 to 15 percent, of the toxic chemical
emissions included in the local area
studies." SBA acknowledges that "there
may be a lack of information on toxicity
which would make [a risk] analysis
infeasible for certain chemicals."
SBA's second proposed alternative is
to combine section 313 with CERCLA
section continuous release reporting,
using 10 pounds a day Reportable
Quantity (RQ) for any section 313
chemicals not covered under CERCLA.
SBA states that this would ensure that
"facilities of primary concern (those
with significant emissions) are
included." SBA believes this approach
would also alleviate the significant
economic burden on small businesses.
SBA recommends as a third
alternative a de minimis reporting range
of 0 to 1 pound of emissions per day or 0
to 250 pounds per year. SBA's fourth
alternative was a total exemption of
small facilities (defined by SBA as those
with fewer than 100 employees) from
reporting: and/or an abbreviated or
shortened reporting form.
The Agency received comments both
in support of an in opposition to SBA's
position. The Agency identified 8
regulatory alternatives as part of the
Regulatory flexibility Analysis for this
rule.. The alternatives, evaluated on the
basis of cost and economic criteria.
represent options for reducing the
reporting burden for small businesses.
Each alternative is described and
discussed below.
Alternative 1: Rule as proposed;
statutory exclusion of facilities having
fewer than 10 employees. This
alternative allows complete coverage of
reporting on emissions, but provides no
reduction in burden to small facilities.
Alternative 2: Exempt all small
businesses (defined as facilities with
fewer than SO employees). [The RIA
analyzes alternative definitions of small
businesses.] This alternative not only
reduces the reporting burden for small
businesses, but eliminates any burden of
compliance determination from small
facilities. However, this alternative
would result in no reporting of emissions
from small facilities, which could lead to
substantial gaps in the Emissions
Inventory, especially at the community
level.
The costs are summarized in Table IV
below.
TABLE IV.—REGULATORY FLEXIBILITY
STUDY OPTIONS: COSTS PER FACILITY
(Present Value lor 10 Years of Reporting]
Cosl(')
Option:
1 $54.320
2 0
3 «$54,320
4 $5.100 to $54.320
5 $5.100
6 $24.680
7 $47.130 to » $52.630
B $34.410 to 4 $50.990
1 In present value 1987 dollars at a 10 percent
discount rate lor years 1988-1997
> Given the absence ol any SIC codes that would
meet exemption criteria.
'Average cost but this option would offer me
benefit of limiting the extent to which individual
facilities would exceed the average
4 Assumes all 10 chemicals per facility anfoy 10 to
SO percent cost savings lor estimates ot air and
water releases in ranges.
Alternative 3: Exempt facilities in
specific SIC codes if they account for
low aggregate emissions. This
alternative would exempt small
businesses in particular industries that
might trigger the need to report based on
the volume threshold for use. but have
little actual emissions. However, after
examining the available data (six State
and local data bases that contain
emissions data for some of the section
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4524 Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulations
313 chemicals), no SIC codes were
identified thai met the criterion.
Alternative 4: Require annual
reporting by small businesses only of
Parts I through VI of proposed Form R;
Parts VII through X of the proposed form
would be due only upon request by EPA.
This alternative would eliminate the
most onerous part of the reporting
burden (i.e., estimating releases).
However, while small facilities would
be identified in the data base, the most
important information (i.e., emissions)
would not be captured. Therefore the
utility to the public of the date base
would be reduced. There also would be
likely increased administrative costs
with such an approach when the
emissions data are requested. These
costs would be incurred by the public
(for requesting information), industry
(for having to essentially fill out a form
for some chemicals twice), and the
Agency (for establishing procedures of
how and to whom the request should be
made, response times, etc.).
Alternative 5: Require annual
reporting by small businesses only of
Parts I through VI of proposed Form R
plus data on quantity used or produced;
EPA estimates releases from small
business facilities. This alternative
would eliminate the most onerous part
of the reporting burden as described in
Alternative 4. EPA would provide
emissions estimates in the data base
lhat were more consistently derived.
However, the information that EPA
would have to require to estimate
releases may actually increase the
information required on the form. For
example, EPA would have to require
production, processing, or use volume
information. This approach would
increase Agency costs for calculating
releases. It would also require industry's
willingness to report such potentially
confidential or trade secret information
as a tradeoff for the lowered burden.
Alternative 6: Require reporting by
small businesses every third year, rather
than annually. This alternative would
reduced the burden to small facilities
over time, while still providing data on
small facilities and their emissions in
the data base. However, the frequency
of reporting cannot be changed until
1993 under section 313(i).
Alternative 7: Require small
businesses to report only up to • certain
number of chemicals per year. This
alternative would place a cap on the
number of chemicals that small
businesses would report each year. The
burden would be reduced for those
small facilities with more than the
average number of chemicals per
facility. Data on small facilities and
estimates of emissions would still be
provided in the data base. However, in
the intervening years until facilities
have reported on all section 313
chemicals, the data base will not be as
complete or as accurate.
Alternative 8: Allow small businesses
to mark ranges check-boxes for release
less than 1.000 pounds per year to any
environments) medium. The check
boxes would apply to 0,1 to 499 pounds
per year, and 500 to 999 pounds per year.
The facility would have the option of
reporting a specific figure rather than
checking a box. The facility would have
to provide a specific figure estimate for
releases of 1.000 pounds or more per
year. The reporting burden would be
reduced by not requiring small facilities
to further refine estimates of these lower
level releases. A certain degree of
precision might be lost relative to
analyzing the releases reporting in such
ranges. However, the data base would
maintain a higher degree of
completeness relative to other options
(except option 1) because all data
required by the form would be reported
each year by all facilities.
Conclusions: The Agency has the
authority to establish different
thresholds for a chemical, class of
chemicals, or categories of facilities.
However, any revised threshold must
obtain reporting on a substantial
majority of total releases of the
chemicals at all fa citifies subject to
reporting. Based on the limited available
data the Agency cannot support any
modification of thresholds based on size
of facility, and stilt be able to maintain
that a substantial majority of the total
releases would be captured through
reporting. EPA analyzed certain limited
use and release data available on a
subset of the section 313 chemicals from
the states of New Jersey. Michigan, and
Massachusetts. These data were used to
estimate the potential impact on
coverage of aggregate emissions,
coverage of chemical-by-chemical
emissions, and coverage of emissions at
the community level. This analysis
shows that facilities with fewer than 49
employees account for a least 30 percent
of the air releases for 12 of 87 chemicals
listed in the New Jersey data base. EPA
concluded that exempting facilities of
this sice range from reporting may lead
to lack of coverage of certain chemicals.
Therefore, the Agency is not modifying
the thresholds (i.e_ the annual pounds of
a toxic chemical manufactured,
processed or otherwise used) for small
facilities.
However, as a result of this analysis
and consultation with SEA. the Agency
has incorporated alternative No. 8,
limited range reporting, into the
reporting requirements of the rule, it is
difficult from the data available to EPA
to estimate exact burden savings
associated with this approach. Savings
for any individual small facility will
depend upon the number of chemicals
being reported and the number of
environmental media to which each
chemical is released. For example, a
simple mass balance around a process
may be adequate to show that air
releases are less than 1.000 pounds. The
information necessary to complete such
a mass balance should be readily
available and tabulated, at least partly,
to determine whether the reporting
threshold is met. By relying on a rough
mass balance calculation, the facility
could avoid calculating releases from
individual process points (for example.
valve and flanges leaks, or storage tanks
vents). Completing these calculations
requires that additional information be
tabulated (e.g., the number of valves, or
the size of storage tanks).
For a release to a single medium, the
savings could be as high as 50 percent of
the time for completion of the release
section of the form (12 of 24 hours). For
releases of a chemical to several media
the savings are likely to be
approximately 10 percent because of the
time required to determine how such
releases are apportioned per media.
These savings are reflected in the cost
per facility for option 8 in Table IV. SBA
believes that EPA's estimates of savings
are conservative and that small facilities
would benefit substantially from this
approach.
EPA expects that small facilities will
realize the most benefit from the
optional ranye reporting concept
because larger facilities are more likely
to have the technical capabilities to
develop more specific estimates.
However. EPA believes that this
optional range reporting provision could
provide a burden reducing benefit to any
subject facility regardless of size.
Therefore, EPA has extended the
optional range reporting provision to all
subject facilities.
EPA believes that it will be necessary
to evaluate the relative costs and
benefits of this alternative in light of the
first few years of section 313
submissions. Therefore, a 3-year
limitation has been attached to this
provision. The limited range reporting
option will apply to the 1987,1988. and
1989 reporting years unless EPA takes
action to extend or permanently adopt
this reporting provision. EPA will
publish its analysis prior to allowing the
provisions to expire.
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Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4525
C. Papenvork Reduction Act
OMB has reviewed the information
collection requirements contained in this
rule under the provisions of the
Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq. and has assigned
OMB control number 2070-0093.
List of Subjects in 40 CFR Part 372
Environmental protection.
Recordkeeping, reporting, and
notification requirements, Toxic
chemicals.
Dated: February 2,1988.
A. James Barnes,
Acting Administrator.
Therefore. Chapter I of 40 CFR is
amended by adding a new Part 372 to
read as follows:
PART 372—TOXIC CHEMICAL
RELEASE REPORTING; COMMUNITY
RIGHT-TO-KNOW
Subpart A—General Provisions
Sec.
372.1 Scope and purpose.
372.3 Definitions.
372-5 Persons subject to this Part
372.10 Recordkeeping.
372.18 Compliance and enforcement.
Subpart B—Deporting Requirement*
372.22 Covered fa
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4526 Federal Register / Vol. 53, No. 30 / Tuesday, February 16, 1988 / Rules and Regulations
Abstracts Service Registry number
listed in 5 372.65.
§ 372.5 Persons subject to trite Part
Owners and operators of facilities
described in §§ 372.22 and 372.45 are
subject to the requirements of this Part.
If the owner and operator of a facility
are different persons, only one need
report under § 372.17 or provide a notice
under § 372.45 for each toxic chemical in
a mixture or trade name product
distributed from the facility. However, if
no report is submitted or notice
provided, EPA will hold both the owner
and the operator liable under section
325(c) of Title III, except as provided in
§§ 372.38(e) and 372.45(g).
§372.10 Recordkeeptag.
(a) Each person subject to the
reporting requirements of this Part must
retain the following records for a period
of 3 years from the date of the
submission of a report under § 372.30:
(1) A copy of each report submitted by
the person under 5 372.30.
(2) All supporting materials and
documentation used by the person to
make the compliance determination that
the facility or establishments is a
covered facility under § 372.22 or
§ 372.45.
(3) Documentation supporting the
report submitted under $ 372.30
including:
(i) Documentation supporting any
determination that a claimed allowable
exemption under $ 372.38 applies.
(ii) Data supporting the determination
of whether a threshold under $ 372.25
applies for each toxic chemical.
(iii) Documentation supporting the
calculations of the quantity of each toxic
chemical released to the environment or
transferred to an off-site location.
(iv) Documentation supporting the use
indications and quantity on site
reporting for each toxic chemical,
including dates of manufacturing,
processing, or use.
(v) Documentation supporting the
basis of estimate used in developing any
telease or off-site transfer estimates for
each toxic chemical.
(vi) Receipts or manifests associated
with the transfer of each toxic chemical
in waste to off-site locations.
(vii) Documentation supporting
reported waste treatment methods,
estimates of treatment efficiencies,
ranges of influent concentration to such
treatment, the sequential nature of
treatment steps, if applicable, and the
actual operating data, if applicable, to
support the waste treatment efficiency
estimate for each toxic chemical.
(b) Each person subject to the
notification requirements of this part
must retain the following records for a
period of 3 years from the date of the
submission of a notification under
f 372.45.
(1) All supporting materials and
documentation used by the person to
determine whether a notice is required
under § 372.45.
(2) All supporting materials and
documentation used in developing each
required notice under § 372.45 and a
copy of each notice.
(c) Records retained under this section
must be maintained at the facility to
which the report applies or from which a
notification was provided. Such records
must be readily available for purposes
of inspection by EPA.
§ 372.18 Compliance and enforcement
Violators of the requirements of this
Part shall be liable for a civil penalty in
an amount not to exceed $25,000 each
day for each violation as provided in
section 325(c) of Title III.
Subpart B—Reporting Requirements
§ 372.22 Covered facilities for toxic
chemical release reporting.
A facility that meets all of the
following criteria for a calendar year is
a covered facility for that calendar year
and must report under { 372.30.
(a) The facility has 10 or more full-
time employees.
(b) The facility is in Standard
Industrial Classification Codes 20
through 39 (as in effect on January 1,
1987) by virtue of the fact that it meets
one of the following criteria:
(1) The facility is an establishment
with a primary SIC code of 20 through
39.
(2) The facility is a multi-
establishment complex where all
establishments have a primary SIC code
of 20 through 39.
(3) The facility is a multi-
establishment complex in which one of
the following is true:
(i) The sum of the value of products
shipped and/or produced from those
establishments that have a primary SIC
code of 20 through 39 is greater than 50
percent of the total value of all products
shipped and/or produced from all
establishments at the facility.
(ii) One establishment having a
primary SIC code of 20 through 39
contributes more in terms of value of
products shipped and/or produced than
any other establishment within the
facility.
(c) The facility manufactured
(including imported), processed, or
otherwise used a toxic chemical in
excess of an applicable threshold
quantity of that chemical set forth in
§ 372.25.
§ 372.25 Thresholds for reporting.
The threshold amounts for purposes of
reporting under § 372.30 for toxic
chemicals are as follows:
(a) With respect to a toxic chemical
manufactured (including imported) or
processed a! a facility during the
following calendar years:
1987—75,000 pounds of the chemical
manufactured or processed for the year.
1988—50.000 pounds of the chemical
manufactured or processed for the year.
1989 and thereafter—25,000 pounds of
the chemical manufactured or processed
for the year.
(b) With respect to a chemical
otherwise used at a facility, 10,000
pounds of the chemical used for the
applicable calendar year.
(c) With respect to activities involving
a toxic chemical at a facility, when more
than one threshold applies to the
activities, the owner or operator of the
facility must report if it exceeds any
applicable threshold and must report on
all activities at the facility involving the
chemical, except as provided in { 372.38.
(d) When a facility manufactures,
processes, or otherwise uses more than
one member of a chemical category
listed in § 372.65(c). the owner or
operator of the facility must report if it
exceeds any applicable threshold for the
total volume of all the members of the
category involved in the applicable
activity. Any such report must cover all
activities at the facility involving
members of the category.
(e) A facility may process or
otherwise use a toxic chemical in a
recycle/reuse operation. To determine
whether the facility has processed or
used more than an applicable threshold
of the chemical, the owner or operator of
the facility shall count the amount of the
chemical added to the recycle/reuse
operation during the calendar year. In
particular, if the facility starts up such
an operation during a calendar year, or
in the event that the contents of the
whole recycle/reuse operation are
replaced in a calendar year, the owner
or operator of the facility shall also
count the amount of the chemical placed
into the system at these times.
(f) A toxic chemical may be listed in
5 372.65 with the notation that only
persons who manufacture the chemical.
or manufacture it by a certain method.
are required to report. In that case, only
owners or operators of facilities that
manufacture that chemical as described
in S 372.65 in excess of the threshold
applicable to »uch manufacture in
$ 372.25 are required to report. In
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Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4527
completing the reporting form, the owner
or operator is only required to account
for the quantity of the chemical so
manufactured and releases associated
with such manufacturing, but not
releases associated with subsequent
processing or use of the chemical at that
facility. Owners and operators of
facilities that solely process or use such
a chemical are not required to report for
that chemical.
(g) A toxic chemical may be listed in
§ 372.65 with the notation that it is in a
specific form (e.g., fume or dust,
solution, or friable) or of a specific color
(e.g.. yellow or white). In that case, only
owners or operators of facilities that
manufacture, process, or use that
chemical in the form or of the color,
specified in § 372.65 in excess of the
threshold applicable to such activity in
! 372.25 are required to report. In
completing the reporting form, the owner
or operator is only required to account
for the quantity of the chemical
manufactured, processed, or used in the
form or color specified in { 372.65 and
for releases associated with the
chemical in that form or color. Owners
or operators of facilities that solely
manufacture, process, or use such a
chemical in a form or color other than
those specified by J 372.65 are not
required to report for that chemical.
(h) Metal compound categories are
listed in § 372.65(c). For purposes of
determining whether any of the
thresholds specified in { 372.25 are met
for metal compound category, the owner
or operator of a facility must make the
threshold determination based on the
total amount of all members of the metal
compound category manufactured,
processed, or used at the facility. In
completing the release portion of the
reporting form for releases of the metal
compounds, the owner or operator is
only required to account for the weight
of the parent metal released. Any
contribution to the mass of the release
attributable to other portions of each
compound in the category is excluded.
§ 372.30 Reporting raqulramtms and
schedule for reporting.
(a) For each toxic chemical known by
the owner or operator to be
manufactured (including imported),
processed, or otherwise used in excess
of an applicable threshold quantity in
§ 372.25 at its covered facility described
in J 372.22 for a calendar year, the
owner or operator must submit to EPA
and to the State in which the facility is
located a completed EPA Form R (EPA
Form 9350-1) in accordance with the
instructions in Subpart E.
(b)(l) The owner or operator of a
covered facility is required to report as
described in paragraph (a] of this
section on a toxic chemical that the
owner or operator knows is present as a
component of a mixture or trade name
product which the owner or operator
receives from another person, if that
chemical is imported, processed, or
otherwise used by the owner or operator
in excess of an applicable threshold
quantity in § 372.25 at the facility as part
of that mixture or trade name product.
(2) The owner or operator knows that
a toxic chemical is present as a
component of a mixture or trade name
product (i) if the owner or operator
knows or has been told the chemical
identity or Chemical Abstracts Service
Registry Number of the chemical and the
identity or Number corresponds to an
identity or Number in { 372.65, or (H) if
the owner or operator has been told by
the supplier of the mixture or trade
name product that the mixture or trade
name product contains a toxic chemical
subject to section 313 of the Act or this
Part.
(3) To determine whether a toxic
chemical which is a component of a
mixture or trade name product has been
imported, processed, or otherwise used
in excess of an applicable threshold in
S 372.25 at the facility, the owner or
operator shall consider only the portion
of the mixture or trade name product
that consists of the toxic chemical and
that is imported, processed, or otherwise
used at the facility, together with any
other amounts of the same toxic
chemical that the owner or operator
manufactures, imports, processes, or
otherwise uses at the facility as follows:
(i) If the owner or operator knows the
specific chemical identity of the toxic
chemical and the specific concentration
at which it is present in the mixture or
trade name product, the owner or
operator shall determine the weight of
the chemical imported, processed, or
otherwise used as part of the mixture or
trade name product at the facility and
shall combine that with the weight of
the toxic chemical manufactured
(including imported) processed, or
otherwise used at the facility other than
as part of the mixture or trade name
product. After combining these amounts,
if the owner or operator determines that
the toxic chemical was manufactured,
processed, or otherwise used in excess
of an applicable threshold in { 372.25.
the owner or operator shall report the
specific chemical identity and all
releases of the toxic chemical on EPA
Form R in accordance with the
instructions in Subpart E.
(ii) If the owner or operator knows the
specific chemical identity of the toxic
chemical and does not know the specific
concentration at which the chemical is
present in the mixture or trade name
product, but has been told the upper
bound concentration of the chemical in
the mixture or trade name product, the
owner or operator shall assume that the
toxic chemical is present in the mixture
or trade name product at the upper
bound concentration, shall determine
whether the chemical has been
manufactured, processed, or otherwise
used at the facility in excess of an
applicable threshold as provided in
paragraph (b)(3)(i) of this section, and
shall report as provided in paragraph
(b)(3)(i) of this section.
(iii) If the owner or operator knows
the specific chemical identity of the
toxic chemical, does not know the
specific concentration at which the
chemical is present in the mixture or
trade name product, has not been told
the upper bound concentration of the
chemical in the mixture or trade name
product, and has not otherwise
developed information on the
composition of the chemical in the
mixture or trade name product, then the
owner or operator is not required to
factor that chemical in that mixture or
trade name product into threshold and
release calculations for that chemical.
(iv) If the owner or operator has been
told that a mixture or trade name
product contains a toxic chemical, does
not know the specific chemical identity
of the chemical and knows the specific
concentration at which it is present in
the mixture or trade name product, the
owner or operator shall determine the
weight of the chemical imported,
processed, or otherwise used as part of
the mixture or trade name product at the
facility. Since the owner or operator
does not know the specific identity of
the toxic chemical the owner or
operator shall make the threshold
determination only for the weight of the
toxic chemical in the mixture or trade
name product. If the owner or operator
determines that the toxic chemical was
imported, processed, or otherwise used
as part of the mixture or trade name
product in excess of an applicable
threshold in i 372.25. the owner or
operator shall report the generic
chemical name of the toxic chemical, or
a trade name if the generic chemical
name is not known, and all releases of
the toxic chemical on EPA Form R in
accordance with the instructions in
Subpart E.
(v) If the owner or operator has been
told that a mixture or trade name
product contains a toxic chemical, does
not know the specific chemical identity
of the chemical, and does not know the
specific concentration at which the
chemical is present in the mixture or
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4528 Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
trade name product, but has been told
the upper bound concentration of the
chemical in the mixture or trade name
product, the owner or operator shall
assume that the toxic chemical is
present in the mixture or trade name
product at the upper bound
concentration, shall determine whether
the chemical has been imported,
processed, or otherwise used at the
facility in excess of an applicable
threshold as provided in paragraph
(b)(3}(iv) of this section, and shall report
as provided in paragraph (b)(3)(iv) of
this section.
(vi) If the owner or operator has been
told that a mixture or trade name
product contains a toxic chemical, docs
not know the specific chemical identity
of the chemical, does not know the
specific concentration at which the
chemical is present in the mixture or
trade name product including
information they have themselves
developed, and has not been told the
upper bound concentration of the
chemical in the mixture or trade name
product, the owner or operator is not
required to report with respect to that
toxic chemical.
(c) A covered facility may consist of
more than one establishment. The
owner or operator of such a facility at
which a toxic chemical was
manufactured (including imported),
processed, or otherwise used in excess
of an applicable threshold may submit a
separate Form R for each establishment
or for each group of establishments
within the facility to report the activities
involving the toxic chemical at each
establishment or group of
establishments, provided that activities
involving that toxic chemical at all the
establishments within the covered
facility are reported. If each
establishment or group of
establishments files separate reports
then for all other chemicals subject to
reporting at that facility they must also
submit separate reports. However, an
establishment or group of
establishments does not have to submit
a report for a chemical that is not
manufactured (including imported),
processed, otherwise used, or released
at that establishment or group of
establishments.
(d) Each report under this section for
activities involving a toxic chemical that
occured during a calendar year at a
covered facility must be submitted on or
before July 1 of the next year. The first
such report for calendar year 1987
activities must be submitted on of before
July 1,1988.
(e) For reports applicable to activities
for calendar years 1987,1988. and 1989
only, the owner or operator of a covered
facility may report releases of a specific
toxic chemical to an environmental
medium, or transfers of wastes
containing a specific toxic chemical to
an off-site location, of less than 1,000
pounds using the ranges provided in the
form and instructions in Subpart E. For
reports applicable to activities in
calendar year 1990 and beyond, theje
ranges may not be used.
$372.38 Exemptions.
(a) De minimi's concentrations of a
toxic chemical in a mixture. If a toxic
chemical is present in a mixture of
chemicals at a covered facility and the
toxic chemical is in a concentration in
the mixture which is below 1 percent of
the mixture, or 0.1 percent of the mixture
in the case of a toxic chemical which is
a carcinogen as defined in 29 CFR
1910.1200(d)(4], a person is not required
to consider the quantity of the toxic
chemical present in such mixture when
determining whether an applicable
threshold has been met under { 372.25 or
determining the amount of release to be
reported under § 372.30. This exemption
applies whether the person received the
mixture from another person or the
person produced the mixture, either by
mixing the chemicals involved or by
causing a chemical reaction which
resulted in the creation of the toxic
chemical in the mixture. However, this
exemption applies only to the quantity
of the toxic chemical present in the
mixture. If the toxic chemical is also
manufactured (including imported),
processed, or otherwise used at the
covered facility other than as part of the
mixture or in a mixture at higher
concentrations, in excess of an
applicable threshold quantity set forth in
{ 372.25, the person is required to report
under 1372.30.
(b) Articles. If a toxic chemical is
present in an article at a covered
facility, a person is not required to
consider the quantity of the toxic
chemical present in such article when
determining whether an applicable
threshold has been met under 5 372-25 or
determining the amount of release to be
reported under { 372.30. This exemption
applies whether the person received the
article from another person or the
person produced the article. However,
this exemption applies only to the
quantity of the toxic chemical present in
the article. If the toxic chemical is
manufactured (including imported),
processed, or otherwise used at the
covered facility other than as part of the
article, in excess of an applicable
threshold quantity set forth in { 372.25,
the person is required to report under
{ 372.30. Persons potentially subject to
this exemption should carefully review
the definitions of "article" and "release"
in § 372.3. If a release of a toxic
chemical occurs as a result of the
processing or use of an item at the
facility, that item does not meet the
definition of "article."
(c) Uses. If a toxic chemical is used at
a covered far.ilify for a purpose
described in this paragraph (c), a person
is not required to consider the quantity
of the toxic chemical used for such
purpose when determining whether an
applicable threshold has been met under
S 372.25 or determining the amount of
releases to be reported under f 372.30.
However, this exemption only applies to
the quantity of the toxic chemical used
for the purpose described in this
paragraph (c). If the toxic chemical is
also manufactured (including imported),
processed, or otherwise used at the
covered facility other than as described
in this paragraph (c), in excess of an
applicable threshold quantity set forth in
i 372.25, the person is required to report
under \ 372.30.
(1) Use as a structural component of
the facility.
(2) Use of products for routine
janitorial or facility grounds
maintenance. Examples include use of
janitorial cleaning supplies, fertilizers,
and pesticides similar in type or
concentration to consumer products.
(3) Personal use by employees or
other persons at the facility of foods,
drugs, cosmetics, or other personal items
containing toxic chemicals, including
supplies of such products within the
facility such as in a facility operated
cafeteria, store, or infirmary.
(4) Use of products containing toxic
chemicals for the purpose of maintaining
motor vehicles operated by the facility.
(5) Use of toxic chemicals present in
process water and non-contact cooling
water as drawn from the environment or
from municipal sources, or toxic
chemicals present in air used either as
compressed air or as part of combustion.
(d) Activities in laboratories. If a toxic
chemical is manufactured, processed, or
used in a laboratory at a covered facility
under the supervision of a technically
qualified individual as defined in
§ 720.3(ee) of this title, a person is not
required to consider the quantity so
manufactured, processed, or used when
determining whether an applicable
threshold has been met under { 372.25 or
determining the amount of release to be
reported under \ 372.30. This exemption
does not apply in the following cases:
(1) Specialty chemical production.
(2) Manufacture, processing, or use of
toxic chemicals in pilot plant scale
operations.
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Federal Register / Vol. 53, No. 30 / Tuesday, February 16, 1988 / Rules and Regulations 4529
(3) Activities conducted outside the
laboratory.
(e) Certain owners of leased property.
The owner of a covered facility is not
subject to reporting under ( 372.30 if
such owner's only interest in the facility
is ownership of the real estate upon
which the facility is operated. This
exemption applies to owners of facilities
such as industrial parks, all or part of
which are leased to persons who
operate establishments within SIC code
20 through 39 where the owner has no
other business interest in the operation
of the covered facility.
(f) Reporting by certain operators of
establishments on leased property such
as industrial parks. If two or more
persons, who do not have any common
corporate or business interest (including
common ownership or control), operate
separate establishments within a single
facility, each such person shall treat the
establishments it operates as a facility
for purposes of this Part. The
determinations in { 372.22 and § 372.25
shall be made for those establishments.
If any such operator determines that its
establishment is a covered facility under
§ 372.22 and that a toxic chemical has
been manufactured (including imported),
processed, or otherwise used at the
establishment in excess of an applicable
threshold in 5 372.25 for a calendar year,
the operator shall submit a report in
accordance with § 372.30 for the
establishment. For purposes of this
paragraph (f), a common corporate or
business interest includes ownership,
partnership, joint ventures, ownership of
a controlling interest in one person by
the other, or ownership of a controlling
interest in both persons by a third
person.
Subpart C— Supplier Notification
Requirement
5 372.45 Notification about toxic
(a) Except as provided in paragraphs
(c), (d), and (e) of this section and
{ 372.65, a person who owns or operates
a facility or establishment which:
(1) Is in Standard Industrial
Classification codes 20 through 39 as set
forth in paragraph (b) of | 37&22.
(2) Manufactures (including imports)
or processes a toxic chemical, and
(3) Sells or otherwise distributes a
mixture or trade name product
containing the toxic chemical, to (i) a
facility described in § 372.22, or (ii) to a
person who in turn may sell or
otherwise distributes such mixture or
trade name product to a facility
described in } 372.22(b), must notify
each person to whom the mixture or
trade name product is sold or otherwise
distributed from the facility or
establishment in accordance with
paragraph (b) of this section.
(b) The notification required in
paragraph (a) of this section shall be in
writing and shall include:
(1) A statement that the mixture or
trade name product contains a toxic
chemical or chemicals subject to the
reporting requirements of section 313 of
Title III of the Superfund Amendments
and Reauthorization Act of 1966 and 40
CFR Part 372.
(2) The name of each toxic chemical,
and the associated Chemical Abstracts
Service registry number of each
chemical if applicable, as set forth in
{ 372.65.
(3) The percent by weight of each
toxic chemical in the mixture or trade
name product.
(c) Notification under this section
shall be provided as follows:
(1) For a mixture or trade name
product containing a toxic chemical
listed in § 373.65 with an effective date
of January 1,1987, the person shall
provide Ihe written notice described in
paragraph (b) of this section to each
recipient of the mixture or trade name
product with at least the first shipment
of each mixture or trade name product
to each recipient in each calendar year
beginning January 1,1989.
(2) For a mixture or trade name
product containing a toxic chemical
listed in { 372.65 with an effective date
of January 1,1988 or later, the person
shall provide the written notice
described in paragraph (b) of this
section to each recipient of the mixture
or trade name product with at least the
first shipment of the mixture or trade
name product to each recipient in each
calendar year beginning with the
applicable effective date.
(3) If a person changes a mixture or
trade name product for which
notification was previously provided
under paragraph (b) of this section by
adding a toxic chemical, removing a
toxic chemical, or changing the percent
by weight of a toxic chemical in the
mixture or trade name product the
person shall provide each recipient of
the changed mixture or trade name
product a revised notification reflecting
the change with the first shipment of the
changed mixture or trade name product
to the recipient
(4) If a person discovers (i) that a
mixture or trade name product
previosuly sold or otherwise distributed
to another person during the calendar
year of the discovery contains one or
more toxic chemicals and (ii), that any
notification providied to such other
persons in that calendar year for the
mixture or trade name product either did
not properly identify any of the toxic
chemicals or did not accurately present
the percent by weight of any of the toxic
chemicals in the mixture or trade name
product, the person shall provide a new
notification to the recipient within 30
days of the discovery which contains
the information described in paragraph
(b) of this section and identifies the prior
shipments of the mixture or product in
that calendar year to which the new
notification applies.
(5) If a Material Safety Data Sheet
(MSDS) is required to be prepared and
distributed for the mixture or trade
name product in accordance with 29
CFR 1910.1200, the notification must be
attached to or otherwise incorporated
into such MSDS. When the notification
is attached to the MSDS, the notice must
contain clear instructions that the
notifications must not be detached from
the MSDS and that any copying and
redistribution of the MSDS shall include
copying and redistribution of the notice
attached to copies of the MSDS
subsequently redistributed.
(d) Notifications are not required in
the following instances:
(1) If a mixture or trade name product
contains no toxic chemical in excess of
the applicable de minimis concentration
as specified in S 372.38(a).
(2) If a mixture or trade name product
is one of the following:
(i) An "article" as defined in i 372.3
(ii) Foods, drugs, cosmetics, alcoholic
beverages, tobacco, or tobacco products
packaged for distribution to the general
public.
(iii) Any consumer product as the term
is defined in the Consumer Product
Safety Act (15 U.S.C. 1251 etseq.)
packaged for distribution to the general
public.
(e) If the person considers the specific
identity of a toxic chemical in a mixture
or trade name product to be a trade
secret under provisions of 29 CFR
1910.1200. the notice shall contain a
generic chemical name that is
descriptive of that toxic chemical.
(f) If the person considers the specific
percent by weight composition of a toxic
chemical in the mixture or trade name
product to be a trade secret under
applicable State law or under the
Restatement of Torts section 757,
comment b, the notice must contain a
statement that the chemical is present at
a concentration that does not exceed a
specified upper bound concentration
value. For example, a mixture contains
12 percent of a toxic chemical. However,
the supplier considers the specific
concentration of the toxic chemical in
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4530 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
the product to be a trade secret The
notice would indicate that the toxic
chemical is present in the mixture in a
concentration of no more than 15
percent by weight The upper bound
value chosen must be no larger than
necessary to adequately protect the
trade secret
(g) A person is not subject to the
requirements of this section to the
extent the person does not know that
the facility or establishment(s) is selling
or otherwise distributing a toxic
chemical to another person in a mixture
or trade name product. However, for
purposes of this section, a person has
such knowledge if the person receives a
notice under this section from a supplier
of a mixture or trade name product and
the person in turn sells or otherwise
distributes that mixture or trade name
product to another person.
(h) If two or more persons, who do not
have any common corporate or business
interest (including common ownership
or control), as described in J 372.38(f),
operate separate establishments within
a single facility, each such persons shall
treat the establishment(s) it operates as
a facility for purposes of this section.
The determination under paragraph (a)
of this section shall be made for those
establishments.
Subpart D—Specific Toxic Chemical
Listings
§ 372.65 Chemical* and chemical
categories to which this Part applies.
The requirements of this Part apply to
the following chemicals and chemical
categories. This section contains three
listings. Paragraph (a) of this section is
an alphabetical order listing of those
chemicals that have an associated
Chemical Abstracts Service (CAS)
Registry number. Paragraph (b) of this
section contains a CAS number order
list of the same chemicals listed in
paragraph (a) of this section. Paragraph
(c) of this section contains the chemical
categories for which reporting is
required. These chemical categories are
listed in alphabetical order and do not
have CAS numbers. Each listing
identifies the effective date for reporting
under 5 372.30.
(a) Alphabetical listing.
Chemical name
? Artrtyiafrtnofluofflfla ....__»_ ...... .....,._i ,>, .....,,.. - .-._ .<- -
Acrotato iii-
Acrvtanvde
Acrytonrtnto , , , _, „. _ „..,,..,...,, .. ,.- ... —.,---, — -
Attyl cMonde ... • • • .— — •••— — .— > ««....-.«^ „-
4.Ami>wt)fphtnyi - - - • ** . . . . , - -...—.... „—- - - — —
AruUnA
Benzana
Pnh*nu<
oi*!i!u!p!!b!ir — ~ ' ™" — i"11" "~
Butyl acfywt __..-. — ~. ~-~."~ -~ - «-• — — — - -
But»tXd«h»d» _ i . - —...-.— —.——-..— .- — •• — ••"
CAS No. ;
75-07-0
60-35-5
67-64- 1
75-05-6
53-96-3
107-02-6
79-06-1
79-10-7
107-13-1
309-00-2
107-05-1
7429-90-5
1344-28-1
117-79-3
60-09-3
92-67-1
82-26-0
7664-41-7
6484-52-2
7783-20-2
62-63-3
90-04-0
104-94-9
134-29-2
120-12-7
7440-36-0
7440-38-2
1332-21-4
7440-39-3
98-67-3
55-21-0
71-43-2
92-67-5
98-07-7
98-86-4
94-36-0
100-44-7
7440-41-7
92-52-4
111-44-4
542-68-1
106-60-1
103-23-1
75-25-2
74-63-9
106-99-0
141-32-2
71-36-3
78-92-2
75-65-1
85-66-;
106-66-
123-72-8
Effective
date
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
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Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
4531
Chemical name
C.I Acid Slue 9, diammoniurn salt
C 1 Acid Blue 9. disodium uM _ . . „
C 1 Acid Green 3
C I Basic Green 4
C I Basic Red i
Cl Owect Black 38
C 1 Direct Blue 6 i
C 1 Direct Brown 95
C I Disperse Yellow 3 _
C 1 Food Red 5 _
C.I Food Red 15
C 1. Solvent Orange 7
C.t. Solvent Yellow 3
Cl Solvent YeHow 14 _
C 1. Solvent YeHow 34 (Aunmme) _ . ._ _
C.I Vat Yellow 4 _
Cadmium _
Calcium cyanarrude _ _. . .
<>ptanClH-lscHr«ole-1.3(2H><»ooe,3«.4,7,7»-letrahydro-2-[(tnchlorornemyt)th(o]-]
CarbaryUi-NaphtnaterxX, rnemytcarbamale] _
Carbon olsuffide _
Carbon tetrachlonde _ _ _. _
Carbonyl suJfide ... . .
Catechol __
Chloramben CSenzoK acid,3-armoo-2.S-dicntoro) _ _ _
C>«xdaneC4.7-Memano4ndan,1Z4.5l6,7.8,8-octachloro-2.3,3a.4.7,7a-<>exahydro-]...._
CNonne _
Chlorine dioxide _ _
ChtoroaceBc acid. „
2-Chloroacetophenone
Chtorobenzene -
Chtorobenzilate (Benzeneacatic acid. 4-chkxc-.»(pria.-(4-.cr>kxopr)eny()-.alpn«.4iydroxy-, ethyl •star]
Chkxoethane (Ethyl cntoode) _ _ _ _ _, _ ._..._.._...
Chloroform _ _ .
Chkxomethane (Methyl ehtoode) _ _ _ _ __
Chtofomethyt methyl ether _ „ _
Chloroprene ..- _
Chlorothak>nil{1,3-Benzenedicartx)nitnle,2,4.5.6-telrachloro-} _ . .. ....
Chromium _ _ __
Cobalt _ . „
Copper
p-Oesidine _ . .
Cresol (mixed corners) _ _
m-Cresol _ _ .. . .
o-Cresol ._
X>-Cresol
Cumene _
Cumene hydroperoxide
CupferronCBenzeneamine, N-hydroxy-N-ratroso. •mmoOHim Mtt]
Cyclohexane
2,4-D [Acetic aod. (2.4-dtchlorophenoxy)-1] _
Decabromodiphenyl oxide _ _
Dialiale [Carbamothioic acid, bts(l-methytethyt>- S-(2 3-chchloro-2-propenvl) Mter]
2,4-Diammoanisole _
2.4-Diaminoanisole surfate
4,4'-Diaminodipfieny1 ether „
Diaminotoluene (mixed isomers)
2.4-Oaminotoluene _ „ _... . . .
Diazomethane „ _.. ..... . . ...
Dtbenzoluran
1,2-Dibromo-3-chtoroprop«n« (D6CP) _ _ _ _
1 ,2-Dibromoethane (Ethyteo* dJbromd*) . .
Dibutyl phthalate __ „ _ _ _ . . .
Oichiorobenzene (mixed laoman) _ . _
i ,2-Dichlorobenzene _ _ „ _
1 ,3-Dichlorobenzene _. . __„.
1 ,4-Dichlorooenzene
3.3 -Dtchkxobenzidine _ ._....„..,
Dichtorobromomethana „ _ _ _.
1 ,2-OtcMoroethane (EthyMne dKftlonda) _ „„ _
1,2-Dichlorethylene _ _
Dichloromethane (Mettiytene chkmd«)...._ _ _ .
2.4-Oichlorophenol __ _ ... „
1 ,2-Dictikxopropane _ _. _. . ~. _ . _._. . _.».. .._ _.._........ _ _ -
1 ,3-Dichkyopropyten* _ _ _ .._„._ _
D«Worvo» (Phosphoric aod. 2 2-Ochkxoetnenrl difnalhyl e»ter J . _
Owofol (BefizenafnethAnol 4-chloro> alphA -{4-cNoropr)er)yf)- alpta -^l»cNo>ofnathy1)- ]
OiepoxybuUn* . _...
Oethanotamme _ _ _ _ , „
Di-(2-ethylhexyl)phtrialaM (DEHP) . . . _. _
Diethyl phtnaiate _ _.. . _..._.„.... „„„. _._
CAS No
2650-18-2
3444-45.9
4680-78-8
569-64-2
989-38-8
1937-37-7
2602-46-2
16071-86-6
2832-40-8
3761-53-3
81-86-9
3118-97-6
97-56-3
842-07-9
492-80-8
128-66-5
7440-43-9
156-62-7
133-06-2
63-25-2
75-15-0
56-23-5
463-58- 1
120-60-9
133-90-4
57.74.9
7782-50-5
10049-04-4
79-11-8
532-27-4
106-90-7
510-15-6
75-00-3
87-66-3
74-87-3
107-30-2
126-99-8
1897-45-6
7440-47-3
7440-48-4
7440-50-6
120-71-4
1319-77-3
108-39-4
95-48-7
106-44-5
98-82-8
80-15-9
135-20-6
1 10-82-7
94-75-7
1163-19-5
2303-16-4
615-05-4
39156-41-7
101-80-4
25376-45-8
95-80-7
334-88-3
132-64-9
96-12-8
106-93-4
84-74-2
25321-22-6
95-50-1
541-73-1
106-46-7
91-94-1
75-27-4
107-06-2
540-59-0
75-09-2
120-83-2
76-87-5
542-75-6
62-73-7
115-32-2
1464-53-5
111-42-2
177-81-7
84-64-2
Effective
date
01/01 /87
01 /01 /87
01 /01 /87
01 /01 /87
01/01/87
01/01/87
01 /01 /87
01/01/87
01 /01 /87
01/01/87
01/01/87
01 /01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01 /87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01 /87
01/01 /B7
01/01/87
01 /01 /67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
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4532 Federal Register / Vol. 53. No. 30 / Tuesday. February t6. 1988 / Rules and Regulations
Chemical name ' CAS No : E"dea"ve
Oiethyi a/tfate ... . _ .. .
3.3 -Dimelrioxybenzidin*- - ._
3.3 -DimetriylDenzidme lo-Tolidine) _
Ome'hylcarbamyi chlorate ... .- _
1, 1 -Dimethyl hydraane.. . ._
2.4-Dimelhylphenol . . . _
Omethyl phthalate - . .
Omethyl ulfate- _
4,6-Dinilro-o-creso' ..- _
;> thoiryethftno< - - . . .
Mothyl tctyltl*
4 4 -Methyienebis(2-cnlaro arntirw) (MBOCA)___
4 4 -Methylenebisi^^-OirneBiyi) benzenamme
R4-R7 1 1
i iio_9n_a I
. . . iia-ai-7 •.
i 7O-14-7
... 131-11-3 '
$14 "ij 1
51-28-5 '
< 121-14-2 '
. ... .. i 117 81-0 '
- - — - - — j "' D1^-r j
_ _ ! 122-66-7 '
„ j 106-89-0 I
t4n-M-^ t
inn_4i_4 I
_ S41-41-3 I
_.. . _ ...... j 74-85-1 I
. ,. 151-56-4
1 <»R_4S-7
^>1hyl)ph^nyl1-) ...,., , 1 2164-17-2
.. : 5D-00-0
.. . , . ,,,-,. ,. - - 76-13-1
t^hy«Jrn-4 7-n»lh«n(v1H.inrienfl] J 78-44-8
I iia-74-t
. - - ,„-. „„_,-„-. „ „-.„-„.- -,„.-.- - - - --. -J 87-68-3
| 77-47-4
. i 67-72-1
, 1335-87-1
! 302-01-2
.... . I 10034-83-?
l 7647-01-O
^ 74-40-8
j 7664-39-3
.. .. . , _ I J23-31-9
'• 78-84-2 i
by tne strong ar*rj process ar6 stŁ|ft^ rtt supplier noufictioji ) . 67-63-0
80-05-7
7439-92-1
iiphf ?p>pNi 3 r>etiu 4 alpha •> alpha 5h«ta}-l 58-89-9
.. i 108-31-6
m«ngj|'y>Mi tfvnplQv] ... 12427-38-2
-..J 7439-96-5
. ! 108-78-1
i 7439-97-6
.... ...... ... t 67-56-1
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01 '01. '87
01 0"./87
01/01 '87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
O1 '01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
-Uru»)h,«[4.mmh^»y.) . . ._ 72-43-5' 01/01/87
... • 109-86-4
..._ ..: 96-33-3
'• 1634-04-4
101-14-4
101-61-1
101-68-8
74-95-3
_.. .._ 101-77-B
_. ' 80-34-4
74-88-4
Mi»thfl ttnbutyl HetofM - •••- ' ••- - 1Q8-1O-1
Mpfhyi f9CCY9na4 - ••• •• 624-A3—9
^•cMer s k4tonf
80-82-6
- . | SO-94-8
- | 1313-27-5
j 505-60-2
S^tyn-NnfUlthyfcmm^ J J34-32-7
fMU.N«pl>tnylanVia -_1 Ol-Sft-6
Nnckal.._
TM'ic acid
_| 744O-O2-O
7897-37-2
13ft- 13-4
S-Nrtro^j^n^ujns -. — •• .• . — - Bft-5B-2
NitrnbanrOT* .. _ _ B8-05-3
4-Nrt/otnonenyl
NM»olen (BenKne. 2_4-*chtof o-1 -(4-nmoDTiencm
•2-03-3
,ul t*36-75-5
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01 .'01/87
01/01/87
01/01/87
-------
Federal Register / Vol. 53. No. 30 / Tuesday. February 16, 1988 / Rules and Regulations
4533
Chemical name
CAS No.
Effective
Nitrogen mustard K-Ol(aTO-NH2-cnloroe»hy)VNUnetli»tetriafi«e) - - 51-75-2
Nrtrogrycenn _ _ _ _ S5-63-0
88-75-5 OV/01/87
4-Nirropnenol - - 100-02-7 01/01/87
2-Nifropropane _ _ _ _ 79-46-fl
p-Nitrosodipnenyaiwne _ _ _ 156-10-5, 01/01/87
rV,AY-amethyl«nUi«e - _ __ _ - - 121-69-7 i 01/01/87
rV-Nitrosodt-rt-tourylamme . .. _ _ - -- 924-16-3 01/01/87
55-18-5 01/Wrf87
/V-Nrtrosodtmethytainif» _ __ _ _ __.. 62-75-9 01/01/87
W-Nitrosod.phenylamwe._ _. .. 86-30-6 01/01/67
621-64-7 01/01/87
4549-40-0 01/01/87
59-89-2 01/01/87
W*trosc-/V-ethylurea _ _ _ _J 759-73-9 01/01/87
/V-Nitrosc-/V-metnylurea _ _ 684-93-5 01/01/87
AfcNitrosonormcotme _ _ 16543-55-8 01/01/8Z
/V-Nitosopipendioe _... _ _ - _ _ - 100-75-4 01/01/87
OctacNoronapr>thalene _ _ _ 2234-13-1 01/0tf87
Osmium tetro»ide - 20616-12-0 M/Ot/87-
Parathion CPhosphorolNoic acid. O.O-diethyl-O-<4-nrtrophenyl) ester] _ _ „ 56-38-2 01/01/87
Pentachlorophenol (PGP) _ - _ 87-66-5 01/01 /87
Peracat* acxj _.._ _ _ _ _ 79-21-0 01 /01 /87
Phenol _ _- 106-95-2 01/01 /87
p-Phenytenediamioe _ _ - - TO6-50-3 01/01 /87
2-Phenylphenol _ __ _ _ _ 90-43-7 01/01 /87
Phosgene _ _ __ _ _ _ 75-44-5 01/01/87
7664-38-2 01/01/87
7723-T4-0 01/01/87
Prtmakc anhydride _ 85-44-9 01/01/87
: acid _._ _ _ _ _ 86-89-1 01/01/67
1936-36-3 01/01/87
1120-71-4 01/01/87
57-S7-* 01/01/87
T23-36-6 01/01/87
Propoxur [Phenol, 2-(1 -methyiethoxy)-. methytcarbamalel — _ _ f 114-26-1 01/01/67
115-07-1 OU01/87
75-55-4 01/01/87
75-56-9 01/01/87
110-86-1 01/01/87
91-22-5 01/01/87
106-51-4 01/01/87
82-68-6 01/01/87
Saccharin (only persons who manufacture are subject no (upptwr notification) [1.2-6crtrisotti«2ol-3(2H)-one,1.1-aiaxioeJ [ 81-07-2 01/01/87
94-59-7 01/01/87
Setenium _ 7782-49-2 01/01/87
Sop»>enyi>ethgfi|il dimethyl ester] | 981-11-5 01/01/87
7440-28-0 01/01/87
62-55-5 01/01/87
4.4 -Thiodianiline 139-65-1 01/01/87
62-55-6 01/01/87
1314-20-1 01/01/67
13463-67-7 01/01/87
Titanium tetrachlonde 7550-45-0 01/01/87
106-68-3 01/01/87
584-84-9 I 01/61/87
91-08-7 ! 01/01/87
95-53-4 01/01/87
636-21-6 01/01/87
8001-35-2 01/01/87
I [2.5-CyclctexadiAft9-1,4-diona*2,3,5>{nt(1-aaridiny(}-) - - 68-76-6 01/01/87
TncNorton (Phosphorac acid, l2iJ-tncWoro-1-«ydroiiĄ«»iy»K *m*rV WWO 52-6B-* 01/01/87
120-82-1 01/01/87
1,1.1-TncntoroettMM (Metfiyt chloroiorm> — 71-55-6 01/01/87
79-00-5 01/01/87
79-01-6 01/01/87
95-95-4 01/01/87
88-06-2 01/01/87
Trtlluralw [Benzanaamme, 2,6-dimtro-r ) _ 1 1582-09-6 01/01/87
1.2.4-Trtmathylbenaene _ - 95-63-6 01/01/87
126-72-7 Q1/01/87
Urwnane (Ethyl cartiamale) _ 51-79-6 01/01/87
-------
4534 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations
Chemical name
CAS No.
Effective
date
V»n»dtum (fume or duct)
Vinyl acetate „ _ _
Vinyl bromide
Vinyl crttonde _
Vmylidene chloride _
Xyterte (mixed isomers)
m-Xylerte _
o-Xylene
p-Xylene
2,6-Xyttdine
Zinc (fume or dust)
Zineb [Carbamodithioic acid, 1.2-ethanediylbi*-, zmc complex].
7440-62-2
106-05-4
593-60-2
75-01-4
75-35-4
1330-20-7
108-38-3
95-47-6
106-42-3
87-62-7
7440-66-6
12122-67-7
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
(b) CAS Number listing.
CAS No.
Chemical name
Effective
date
50-00-0
51-28-5
51-75-2
51-79-4
52-48-6
53-96-3
55-18-5
55-21-0
55-63-0
56-23-5
56-38-2
57-14-7
57-57-8
57-74-9
56-89-9
59-89-2
60-09-3
60-11-7
60-34-4
60-35-5
62-53-3
62-55-5
62-56-«
62-73-7
62-75-9
63-25-2
64-67-5
67-56-1
67-63-0
67-64-1
67-66-3
67-72-1
68-76-8
71-36-3
71-43-2
71-55-6
72-43-5
74-63-9
74-65-1
74-67-3
74-68-4
74-90-6
74-95-3
75-00-3
75-01-4
75-05-6
75-07-0
75-09-2
75-15-0
75-21-6
75-25-2
75-27-4
75-35-4
75-44-5
75-55-6
75-56-9
75-65-0
77-13-1
76-44-6
77-47-4
Formaldehyde _ _. 01/01/87
2,4-OifWophenol - _ — - _ - - 01/01/87
Nitrogen mustard [2X>loro-^(22.3,3a,4,7,7a-hexartydro-] 01/01/87
Undane [Cydohexane. 1,2,3.4,5,6^xa<*loro^1.alpna..2.alpha,3.beU.,4.alpha.,5.alpr*,e.Deta>J - — 01/01/87
/V-Nitrosomorpholine _ _ - 01/01/87
4-Aminoa2oberaene - - _ - 01/01/87
4-Ointetnytarninoazobenzene _ — .— - 01/01/87
Methyl nydraane _ „ „ „ - 01/01/87
Acetamde _ - - — 01/01/87
Aniiirte !ZZZZZZZ.ZZZ.ZZZZZZZZ!ZZZZZZZZZ..!...!...I_.'. _ - 01/01/87
Trttoacetamide . " ... - 01/01/87
TNOUTM ZZZZZZZZZZZZZZ1ZZZZZZZZZ"...™ _ - • 01/01/8?
Dichlorvo* [Phosphoric acid. 2.2-dtehloroethenyl dimethyl ester] - 01 /01 /87
rV-Nn/osodtmethylamine 01/01/87
Carbaryt H-Naphthalenoi. methylcarbamate] - 01/01/87
Owthyt sultate - - 01 /01 /87
Methane) _ _ _ _ - 01/01/87
Isopropyt alcohol (only person* who manufacture by (tie strong acid process are subject supplier notification not required.) - 01 /01 /87
Acetone __ — 01/01/87
<»iorrfc™ZZIZZZ;ZlJZZZZL_.ZZZZZZ~ZZl.Z 01/01/8?
Hexachtoroethane - _ - - — - - - - 01/01/87
01/01/87
alcohol - - 01/01/87
Benzene _ _ _ 01/01/87
1.1,1-Trx:hlorc«^hane(Me1tiyle«oroform) - - - 01/01/87
Methoxychtor tBenzene, 1.1M2AZ4rtcf*xoethylidene)oi» [4-methoxy-] _ - 01 /01 /87
Bromomethane (Methyl bromide) - 01/01/87
Ethylene - - 01/01/87
Chkxometnane (Methyl chloride) - .. - — - — — - 01/01/87
MrthvTtodMe ^^^ »"""•' — •- _ _ _ __ _ 01/01/87
Hydrogenc»eŁd7ZZZZZ™ - 01/01/87
MetnySr* bromide 01 /O'/87
CNonMthtfW (Ethyl chloride) ..- 01/01/8?
Vtnvl cMoridft m , „.. ............ 01/01/87
AcWOritrifcZZZZZZZZZrZZZZZZZZZZZZZZZZZZZZZZZZZIZZZZZ 01/01/87
AcettWehydel ~ " Z-ZZZZ 01/01/87
DicNoromethane (Methylene chloride) -~ - 01/01/87
Carbon diauffide - 01/01/87
EtfMene oxide " — ••••• — ———————————— "1 /Ot /87
Bwnrtom tTrŁ
r>chkxobfomometnane -
Vtnufeten* chkmte _ _ . ... _ — —— —~-—• 01/01/87
.•MJIU. W.U..U. - - 01/01/87
01/01/87
01/01/87
~™ • 01/01/87
Freon 113 tElfiarw.l Jirich^TzFtTBuor^r" ZZ™"™.'-."-..! '.
Heptachtor t1,4.5.67.8.8-Heptachtoro-3a.4.7.7a-tetr«hyo>c-4J-metr
-------
Federal Register / Vol. 53. No. 30 f Tuesday. February 16. 1988 / Rules and Regulations 4535
CAS No
77-78 1
79-84-2
78-87-5
78-92-2
78-93-3
79-OC-5
79-01-6
79-06-1
79-10-7
79-11-8
79-21-0
79-34-5
79-44-7
79-46-9
80-05-7
80-15-4
80-62-6
81-07-2
8T-88-9
82-23-0
82-68-8
84-66-2
84-74-2
85-4^-9
85-68-7
86-30-6
87-«2-7
87-68-3
87-86-5
88-06-2
88-75-5
88-89-1
90-04-0
90-13-7
90-94-8
91-08-7
S»-20-3
31-22-5
91-59-8
91-94-1
S2-52-4
92-67-1
92-87-5
92-93-3
94-36-0
94-59-7
94-75-7
95-47-6
95-48-7
95-50-1
95-53-4
95-63-6
95-80-7
95-95-4
96-09-3
96-t2-«
96-33-3
96-45-7
97-56-3
98-07-7
98-82-8
98-37-J.
98-68-4
98-95-3
99-59-2
100-02-7
100-21-0
100-41-4
100-42-5
100-44-7
100-75-4
101-14-4
101-61-1
101-68-8
W51-77-*
101-80-4
103-23-1
104-»4-«
105-67-9
106-42-3
106-U-S
Chemical name
E'feclive
date
01/01/87
01/01/87
i 1.2-CicNo«Op»oe»n»._ - - 01/01/87
! s«c-8ulyt alcohol _ - 01/01/87
Mtaiyl emyt ketone _ _ _ Ot /Ol/87
, 1.1.2-TncrUoroemaoe _ - 01/C1/87
TricMeroetriytene. _ __ _ _ 01/01/87
! AcrytamnJa __ _ J, 01/01/87
1 Acrylic aod -..- _ _ _ { 01/01/87
! Chkxoacetic aod - _ - _ _| 01/01/87
1 Pwacetc acid — — — _ _ 01/01/87
j 1,1,2.2-TatfachKxoethafl* - -..- - 01/01/87
i Onethyicaitiemyt ehtontfe _ - _ - - 01/01 /87
• 2-Nrtropropen» _ 01/01/87
' 4,4--4soprePrWene*phe«o» _ _ _ _ 01/01 /87
I Cumene fcyWoperexide _.._ _ - — 01/01/87
i Methyl mertiacrytate _ [ 01/01/87
'• Saechenn lonty persons wtio manufacture arasutoiect no supplier nottflcaSonj (T.2-Bertzi*omia20i-3(2H)-one,l,i-dioxidel 01/01/87
i C.I Fooo Retf 15 01/01/87
i 1 -A«B>no-2-ut»<)iene - _ _ 0.1/01/87
i Pentachtoroprwnol (PCP) 01/01/87
! 2.4,6-Tncmoropoeool.._.... - _ - 01/01/87
• 2-Nitrophenol _ _ _ 01/01/87
i Picric acid - _... - of/01/87
' o-Arwsidine _ ._ 01/01/87
! 2-Pnenylpnenol '. 01/01/87
UnMer't ketone - 01/01/87
I Toluef»e-2.6Hitaoeyafiete — - - - ....... — _._- 01/01/87
| NapWhafene _ _ _ _ _ 01/01/87
j Qumotine - - _ — _ 01/01/87
j 4*to-NapMhy4arnme _ _ _ 01/01/87
i 3.3 -dcnlorobenzidvte - _ 01/01/87
j Biphenyl _ 01/01/87
, 4-Ammotiipfieoyl - _ _ 01/01/87
: BenzK*ne 01/01/87
| 4-NttroO.pheoyl 01/01/87
Benzoyl peto«KJe _ 01/01/87
. Safrote _ _ 01/01/87
I 2.4-O (Acetic acid. ta,4-dichloiopr>eno«>)-) _ _ 01/01/87
i o-Xytone _ _ 01/01/87
I ^-cNoro«xopane (O8CP) 01/01/87
• Methyl acrylate __ _ _ 01 /01 /87
; Errtyteoe tfnoufee _ - 01/01/87
I C I Sofcent Yettow 3 _ 01/01 /87
Benioie xcNonde tSenzotnebtonde) - — 01/01/87
, Corner* _ _ _ 01/01/87
j Benzai entente _ - — - - 01'01/87
Benzoyt cMOrtd* — — - - - — - —• - - - 01/01/87
i Nitrobenzene „'_..~L.!!.™! '. '. - 01/01/87
I 5-N.tro-o-awartne...'..!_! _ _ 01 /01 /87
I 4-Numpfteno4 _ ._. ._.„_ 01/01/87
01/01/87
01/01/87
. S«yr«rte. . ._ . _ 01/01/87
1 Benzyl chtortda 01/01/87
! /WMfoeotxpendma _ 01/01/87
j 4.41 M«thylonetm(I clikxoari'line) (MBOCA) _.__.„. ~_ __...„ _._ 01/01/87
j 4.4 -Methyteoebi»(A/.AM>riia>hyHt)aiuaiaiii«ia 01/01/87
1 Me DummtKJuXunyt Wt»ar „..._ ....__... _.__..__..._ ._.„ _,........._.._..._ - 01/01/87
i Bt»<2-««irlhe*yll aftpate._ 01/01/87
ip-Anmdine 01/01/87
1 ;, < OumifiyMianol --- - -—-...- ...-__ .__ __„ _._....__....._..__ ._ ________ OW01/87
i pOlytene __'"'_. _ _ _ . 01/01/87
!01/01/87
-------
4536 Federal Register / Vol. 53. No. 30 / Tuesday. February 16, 1988 / Rules and Regulations
CAS No
Chem*al name
106-46-7 1.4-Dichlorobenz-ne . _ ! 01/01/87
106-50-3 p-Phenylenediarnine - - i 01/01/87
106-51-4 Oumone _ : 01/01/87
106-68-7 1,2-Butylene oxide , 01/01/87
106-89-8 Epichlorohydnn I 01/01/87
106-93-4 ' 1,2-Dibfomoethane (Ethylene dibromde) 1 01/01/87
106-99-0 i 1,3-8utadien« „ i 01/01/87
107-02-8 ' Acrolein I 01/01/87
107-05-1 Allyl cnlonde , 01/01/87
107-06-2 1,2-Dichloroethane (Ethylene dichtonde) , 01/01/87
107-13-1 Acrytonrtnle — — 1 01/01/87
107-21-1 Ethylene gtycd - ~ I 01 /01 /87
107-30-2 Chloromethyl methyl ether _ - - - ! 01/01/87
108-05-4 Vinyl acetate ~. — | 01/01/87
108-10-1 Methyl sobutyl ketone — - I 01/01/87
108-31-6 Maleic anhydride __. - I 01/01/87
108-38-3 m-Xytene _ _ | 01/01/87
108-39-4 /ivCreaol - . • . - — —- - i 01/01/87
108-60-1 Bts<2-chtoco-l-methyt«myl)ether _ _ _ - I 01/01/87
108-78-1 Melamme _. _ - ! 01/01/87
108-88-3 Toluene - _._ - _ - I 01/01/87
108-90-7 Chtorobenzene .- - j 01/01/87
108—95-2 Phenol ... •- - - - • — ..- • _....-,...«_...•_..•_ 01/01/87
109-66-4 2-Methoxyethanol - - .-, - - ~ —- 01/01/87
110-80-5 2-Ethoxy*thanol _ _ — 01/01/87
110-82-7 Cyctohexane - - - - 01 /01 /87
110-86-1 Pyndme _ _ 01/01/87
111-42-2 Oetharotennne _ _ _. __ - _ — •— 01/01/87
114-26-1 Propoxur [Phenol, 2-0-metfiyletf)oxy)., methytaarbamatel _..- - - 01/01/87
115-07-1 Propytene (Propone) _ _ - <» «1 /87
115-32-2 Dteolol IBenzenememanol. 4^ikxo-.«lph8-^4-methy1«n*ne — - - 01/01/87
122-66-7 l,2-Ophenylhy. .. /ni /nt
140-88-5 Ethyl «cryM* 2/2/87
141-32-2 BuW tOVtaM - 01/01/87
»^i ime_ie«*a«>Mr.a-r»,1A3AW n,/n,/«T
« aloha. Ba tMta.Wl . - 01/01/87
^••v1*'0*-""1"./^.—._.—« * _._..M __.__<..._.. «~ rti/m/A7
XU-WU3 r_cmnan_tfw _ — 01/01/87
334-a*^J wazomeinane... -_ ^^ 01/01/87
492-80-a C.I. Sonant retoi'Ml/iSmmj.----. ?! '„! ;5I
505-60-2 Muttard gt» tEflwe. 1,V-tNod-l(2-cNoro-) - - - - o,/oi/«7
510-15-6 ChlortXj*rt«M(8er««ie*-rtte «e«l 4
-------
Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1088 / Rules and Regulations 4S37
CAS No.
542-75-6
542-68-1
569-64-2
606-20-2
615-05-4
621-64-7
624-83-9
636-21-5
680-31-9
634-33-5
759-73-9
842-07-9
924-16-3
961-11-5
989-38-8
1120-71-4
1163-19-5
1310-73-2
1313-27-5
1314-20-1
1319-77-3
1330-20-7
1332-21-4
1335-87-1
1336-36-3
1344-J8-1
1464-53-5
1582-09-8
1634-04 -4
1836-75-5
1897-45-6
1937-37-7
2164-17-2
2234-13-1
2303-16-4
2602-46-2
2650-13-2
2832-40-8
3118-97-6
3761-53-3
3814-45-9
4549-40-0
4690-78-8
64*4 52-2
74^9-90-5
7< 39-92-1
74J9-96-5
7439-97-6
7*40-02-0
7440-22-4
7440-28-0
7440-36-0
7440-38-2
7440-39-3
7440-41-7
7440-43-9
74*0-47-3
7< 40-48-4
7440-50-8
7440-62-2
7440-66-6
7550-45-0
7647-01-0
7664-38-2
7664-39-3
7664-41-7
7664-93-9
7697-37-2
7723-14-0
7757-82-6
7782-49-2
7782-50-5
7783-20-2
8001-35-2
10034-93-2
10049-04-4
12122-67-7
12427-38-2
13463-67-7
16071-66-6
16543-55-8
Chemical name
1 ,3-DicnlOTOpr opytene
Bmchkxomelnyl) «tner
C.I Bade Green 4
2,6-Dmrtrototuene . .
2.4-Dtanwx>anisole ...
W-NttrosooVn-prooyfamine
Methyl iso^yanate
o-Toluidine hydrochtonde
Hexametnylphosphoramide
rV-N(tiosc-/V-methylurea
C.I Solvent Yedow 14 _
ft-NitrosooWMxrtyfanvne
TetrachkxvmphosCPhospnonc acid, 2-cWoro-H.
C 1. Basic Red 1
Propane suttone _.. _
Decabromodiphenyf oxide _ „..
Sodium hydroxide (solution) . .. _ .
Molybdenum tnoxide. . . ... ...... « „
Throium dioxic*? - «..„..„
Cresol (mixed isomers)
Xylene (mixed isomers)
Asbestos (triable) „
Poiychk/nnated biphenyls (PCBs)
Aluminum oxide.
Dieporybutane
Tnfiuraiin CBeraeneamino, 2,6-dinrtro-N,N-diprop
Metnyl ferr-butyl ether
Nitrofcn (Benzene. 2,4-dichlorc-H4-nrtropneno»
CMorothaloral [1-3-8enzenedicarbonrtnle,2.4.5,6
C.I Direct Black 38
Fluometuron [Urea, N,N-dimethy(-N'-t3-(trtfluoro
Oaachtoronaphthalene
Dtailale (Carbamothic< acid. bis<1-metf.»letnyf)-
C I Direct Blue 6 _
C I. Acid Blue 9. diammonium tart
C I. Disperse Yellow 3 _
C.I Solvent Orange 7 _
C.I. Food Red 5 _ _
C I. Acid Blue 9. disooVom sajt
W-Nrtrosornethytvmylamine _
C.I. Acid Green 3 „
Ammonium nitrate (solution)
Aluminum (fume or dust)
Lead
Manganese
Mercury _ _ „ _
Nickel
Silver . . . . _. ..
Thftlldjm .,.,.„..„...,., .,. .
Antimony „ „ .... _«,......
Arsenic _ _„ _
Barium _
Beryllium _..._ _. .....
Cadmium _
Chromium
Cobalt _
Vanadium (fume or dust) ...__
Zinc (fume or dust) _ _._._
r
-------
4538 Federal Register / Vol. 53. No. 30 / Tuesday. February IB. 1988 / Rules and Regulations
CAS No
20616-12-0
25321-22-6
25376-45-8
39156-41-7
Cnemcal name
Osmium tetroisrje - .....
0*chKj*rAe*vierte (mixed isomefs) -. • • -».^n
Qiam»nololuene (mixed isomeort •- - ... ....
2 4-Qfammaartftota sutfate . , ^ - - , - - — ,^.r-
Effective
dale
Ot/01/B7
01/01 '87
Ot/01/67
01/01*87
lc) Chemical categories in
alphabetical order.
Category name
Ertecvve
date
Antimony Compounds: Includes any unique chemical substance that oontams antimony as part of that cnemcat't infrastructure..
Arsenic Compounds: Include* any unique chemical substance trial contains arsenic as part ol mat chemcars «nfrastructure
Banum Compounds: Includes any unique chemical substance thai contains banum as part of that chemical's infrastructure
Beryllium Compounds: Includes any uraque chemical substance that contains beryllium as part ol that chemical's 4nfrastnjcture._
Cadmium Compounds. Includes any uraque chemical substance that contains cadmium as part of that chemical's infrastructure-
Chtorophenols — -
01/01/87
01/01/87
01/01/87
01/OJ/87
01/01/87
OUOt/87
H(5-x)
Where * = 1 to 5
Gnromum Compounds. Includes any unique chemical substance that oontams chromium as part of that chemical's infrastructure ._ ......... —
Cobalt Compounds: Includes any unique chemical substance (hat contains cobalt as part of «Mrt chemical's infrastructure -----------
Copper Compounds: Includes any unique chemical substance that oontams copper as pert of that chemical's infrastructure ----- ....... -------
Cyanide Compounds, x* CM" where x « H- or any other group where t formal dissociation can be made. For example KCN. of Ca(CN)i .
Grycol Ethers: Includes mono- and ov ethers of ethyfene glycol, Oetnytene gtycol. and tnetfiylene otycol -------------------- ...... ---------
Wtwra:
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
t, 2. or 3 _________________ ..... _________________
eUiyl w aryt groups. «..«»,......_»..«»....._ ..... ^...*— «.H ..... . ...... «.»_«....—...—.......«
R H. or groups witch, when removed, yield gtycol ethers with the structue.
Polymers are excluded from 8* category.
Lead Compounds. Includes any unique cnemcal substance that contains lead as part of that chemical's rrtrastructure -------- ........ - ........
Manganese Compounds: Includes any unique chemical substance that contains manganese as part ot that cnemcaTs wifra*tructuni
Mercury Compounds. Includes any uraque chemical MbcMnce that contains mercury »s part Of mat chemical's Infrastructure
NioM Compounds: includes any tmqua chemical substance mat contains racket as pan of that cnemcara Infrastructure ...- .......
01/01/87
01/01/87
01/01/87
01/01/87
-------
Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1968 / Rules and Regulations 4539
Category name
Effective
date.
PotvUominated ftpnenyls (PSBe),
01/01/87
H(IO-x)
Where x-1 to 10
Selenium Compounds: Includes any unique chemical substance that contains selenium as part of that chemicafs infrastructure.
Silver Compounds: Includes any unique chemical substance that conta,ns silver as part ot that chemcal's infrastructure
Tnathum Compounds: Includes any unique cnermcaf substance mat contains thallium as part ot trwt chemical's infrastructure
Tine Cor-pounds: Includes any unique chemical substance tnat contains me as pan of that chemical's infrastructure
01/01/87
01/01/87
01/01/87
01/01/87
Subpart E—Forms and Instructions
5372.85 Toxic ctiemical r*to»M rtporttng
fonrt WK! Instructions.
(a) Reporting form.
RUJNOCOOC SMO-50-M
-------
-------
Form Approved OMB No.: 2070-0093
(Important: Type or print; read instructions before completing form.)
Approval Expires:.
01/91
Page 1 of 5
U.S. Environmental Protection Agency
TOXIC CHEMICAL RELEASE INVENTORY REPORTING FORM
Section 313, Title III of The Superfund Amendments and Reauthorization Act of 1986
EPA FORM
R
PART I. FACILITY IDENTIFICATION INFORMATION
(This space for EPA use only.)
1.
1.1 Does this report contain trade secret Information?
| | Yes (Answer 1.2) f~| No (Do not answer 1.2)
1.2 Is this a sanitized copy?
| | Yes | 1 No
1.3 Reporting Year
2. CERTIFICATION (Read and sign after completing all sections.)
I hereby certify that I have reviewed the attached documents and that, to the best of my knowledge and belief, the submitted information is true
and complete and that the amounts and values in this report are accurate based on reasonable estimates using data available to the preparers
of this report.
Name and official title of owner/operator or senior management official
Signature
Date signed
3. FACILITY IDENTIFICATION
3.1
Facility or Establishment Name
Street Address
City
State
County
Zip Code
I I I l-l I I I
3.2
This report contains Information for: (check one)
[ | An entire covered facility.
| | Part of a covered facility.
Technical Contact
Telephone Number (include area code)
3.3
3.4
Public Contact
Telephone Number (include area code)
3.5
a. SIC Code
J 1 L
Latitude
J L
3.6
Deg.
Mln. Sec.
Longitude
Deg. Min. Sec.
. I I I I I
3.7
Dun & Bradstreet Number(s)
I I - I I I I - I
I I I
b.
3.8
EPA Identification Number (RCRA I. D. No.)
aI 1 I ! ! L
3.9
NPDES Permit Number(s)
I I I I I I I I
b.
I I I I I I I
Where to send completed forms:
U. S. Environmental Protection Agency
P. O. Box 70266
Washington, DC 20024-0266
Attn: Toxic Chemical Release Inventory
Name of Receiving Stream(s) or Water Body(s)
a.
3.10
b.
3.11
Underground Injection Well Code (UIC) Identification No.
4. PARENT COMPANY INFORMATION
4.1
Name of Parent Company
4.2
Parent Company' s Dun & Bradstreet No.
' '
' ' '
' '
EPA Form 9350-1 (1-88)
-------
-------
(Important: Type or print; read instructions before completing form.)
Page 2 of 5
(This space for EPA use only. )
EPA FORM R
PART II. OFF-SITE LOCATIONS TO WHICH TOXIC
CHEMICALS ARE TRANSFERRED IN WASTES
1. PUBLICLY OWNED TREATMENT WORKS (POTW)
Facility Name
Street Address
City
State
County
Zip
1 1 1 1 l-l 1 1 1
2. OTHER OFF-SITE LOCATIONS - Number these locations sequentially on this and any additional page of this form you use.
Other off-site location
EPA Identification Number (RCRA ID. No.) (
1 1 1 1 1 1 1 1 1 1
Facility Name
Street Address
City
State
County
Zip
1 1 1 1 1- III
Is location under control of reporting facility or parent company? 1 I 1 I
Yes No
Other off-site location
EPA Identification Number (RCRA ID. No. ) j
1 1 1 1 1 1 1 1 1
Facility Name
Street Address
City
State
Is location under control of reporting facility or |
Other off-site location
EPA Identification Number (RCRA ID. No. ) |
County
Zip
1 1 1 1 l-l 11
Darent company? 1
Yes No
1 1 1 1 1 1 1 1 1 1
Facility Name
Street Address
City
State
County
Zip
1 1 1 1 l-l 1 1 1
Is location under control of reporting facility or parent company? 1
Yes No
Check if additional pages of Part II are attached.
EPA Form 9350-1 (1-88)
-------
-------
(Important: Type or print; read instructions before completing form.)
Page 3 of 5
(This space for EPA use only.)
EPA FORM R
PART III. CHEMICAL SPECIFIC INFORMATION
1. CHEMICAL IDENTITY
1.1
1.2
1.3
1.4
2.
| | Trade Secret
CAS#
(Provide a generic name in 1.4 below. Attach substantiation form to this submission.)
IE-
(Use 1
eading zeros if CAS number does not fill space provided.)
Chemical or Chemical Category Name
Generic Chemical Name (Complete only If 1 . 1 Is checked. )
MIXTURE COMPONENT IDENTITY (Do not complete this section if you have completed Section 1.)
Generic Chemical Mama Provided by Supplier (Limit the name to
a maximum of 70 character* (e.g., numbers, letters, spaces, punctuation)).
3. ACTIVITIES AND USES OF THE CHEMICAL AT THE
3.1
3.2
3.3
Manufacture:
Process:
Otherwise Used:
a. Produce
d 1 1 For sale/
a'l — 1 distribution
a. As a reactant
d. Repackaging c
AS a chemical
a- processing aid
b.
e.
b.
>nly
b.
FACILITY (Check all that apply.)
D Import c.l 1 Foron-slte
v 1 — 1 use/processing
[ As a byproduct f . [ [ As an Impurity
As a formulation . As an article
component ' .. component
As a manufacturing aid c. Ancillary or other use
4. MAXIMUM AMOUNT OF THE CHEMICAL ON SITE AT ANY TIME DURING THE CALENDAR YEAR
(enter code)
5. RELEASES OF THE CHEMICAL TO THE ENVIRONMENT
You may report releases of less than
1,000 Ibs. by checking ranges under A.1.
A. Total Release
(Ibs/yr)
5.1 Fugitive or non-point air emissions
5.2 Stack or point air emissions
5.1a
5.2a
A.1
Reporting Ranges
1-499 500-999
A.2
Enter
Estimate
B. Basis of
Estimate
(enter code)
5.1b
D
5.2b
n
5.3 Discharges to water 5.3.1
(Enter letter code from Part I
Section 3.10 for streams(s).)
5.3.1a
5.3.1b
C. % From Stormwate
5.3.1c
.3.2 LJ
5.3.2a
5.3.2b
5.3.2C
5.3.3
5.3.3a
j.3.3b Q
5.3.3C
5.4 Underground Injection
5.4a
5.4b
5.5 Releases to land
(enter code)
(enter code)
J | (enter code)
5.5.13
5.5.1b
D
5.5.2a
5.5.26
5.5.3a
5.5.3b
D
| | (Check If additional information is provided on Part IV-Supplemental Information.)
EPA Form 9350-1 (1-88)
-------
-------
EPA FORM K, Pan III (Continued)
Page 4 of 5
6.
TRANSFERS OF THE CHEMICAL IN WASTE TO OFF-SITE LOCATIONS
You may report transfers
of less than 1,000 Ibs. by checking
ranges under A. 1 . .
6.1
Discharge to POTW
Other off-site location ( 1
6.2 (Enter block number
from Part II, Section 2.) ' '
6.3 Other off-site location
(Enter block number
from Part II, Section 2. )
6.4 Other off-site location 1 1
(Enter block number I
from Part II, Section 2. ) L— '
A. Total Transfers
(Ibs/yr)
A.1
Reporting Ranges
0 1-»99 500-999
A. 2
Enter
Estimate
B. Basis of Estimate
(enter code)
6.1b
6.2b
6.3b I I
6.4b Q
C. Type of Treatment/
Disposal (enter code)
6.2c
6.3c
6.4c
(Check if additional information is provided on Part IV-Supplemental Information)
7. WASTE TREATMENT METHODS AND EFFICIENCY
A . General
Wastestream
(enter code)
7.1a
7.2a
7.3a
7.4a
7.5a
7.6a
7.7a
7.8a
7.9a
7.10a
7.11a
7.12a
7.13a
7.14a
B. Treatment
Method
(enter code)
7
7
7
7
7
7
7
7
7
7
1b
2b
3b
4b
5b
6b
7b
8b
9b
10b
7.11b
7
7
7
12b
13b
14b
|
C . Range of
Influent
Concentration
(enter codel
7. 1c
7.2c
7.3c
7.4c
7.5c
7.6c
7.7C
7.8C
7.9C
7.10C
7.11c
7.12c
7.13c
7.14C
D. Sequential
Treatment?
(check if
applicable)
7. Id
7.2d
7.3d
7.4d
7.5d
7.6d
7.7d
7.8d
7.9d
7.10d
7.11d
7.12d
7.13d
7.14d
E . Treatment
Efficiency
Estimate
7.1e %
7.2e %
7.3e %
7.4e %
7.5e %
7.6e %
7.7e %
7.8e %
7.9e 0/0
7.10e %
7.116 %
7.126 0/0
7.13e %
7.146 %
F. Based on
Operating
Data?
Yes No
7.1f
7.2f
7.3f
7.4f
7.5f
7.6f
7.7f
7.8f
7.9f
7.10f
7.11f
7.12f
7.13f
7.14f
(Check if additional information is provided on Part IV-Supplemental Information.)
8. OPTIONAL INFORMATION ON WASTE MINIMIZATION
(Indicate actions taken to reduce the amount of the chemical being released from the facility. See the instructions for coded
items and an explanation of what information to include.)
A. Type of
modification
(enter code)
B. Quantity of the chemical in the wastestream
prior to treatment/disposal
Current Prior ( Or percent
reporting year , change
year (Ibs/yr) (Ibs/yr) ,
i
C. Index D. Reason for action
(enter code)
LJJ
EPA Form 9350-1(1-88)
-------
-------
(Important: Type or print; read instructions before completing form.)
Page 5 of 5
EPA FORM R
PART IV. SUPPLEMENTAL INFORMATION
Use this section If you need additional space for answers to questions In Parts I and III.
Number or letter this Information sequentially from prior sections (e.g., D,E, F, or 5.54, 5.55).
(This space for EPA use only )
ADDITIONAL INFORMATION ON FACILITY IDENTIFICATION (Part 1 - Section 3)
3.5
3.7
3.8
3.9
3.10
SIC Code
1 1 1
1 1 1
Dun & Bradstreet Number(s)
1 1- 1 II 1 - 1
1 1 1
1 1 1
EPA Identification Number(s) RCRA I.D. No.)
1 1 1 1 1 1 1 1 1 1
NPDES Permit
1 1 1
Number(s)
1 1 1
Name of Receiving Stream(s)
1 1 - 1 1 1 1 - 1 1 1 1
1
1
or Water 8ody(s)
1 III 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1
1
ADDITIONAL INFORMATION ON RELEASES TO LAND ( Part III - Section 5.5)
Releases to Land
5.5
5.5
5.5
(enter code)
(enter code)
(enter code)
5.5 a
5.5 a
5.5 a
A. Total Release
(Ibs/yr)
A.1
Reporting Ranges
0 1~»99 500-999
A. 2
Enter
Estimate
B. Basis of
Estimate
(enter code)
5.5 b
5.5 b
5.5 b
ADDITIONAL INFORMATION ON OFF-SITE TRANSFER ( Part III - Section 6)
A. Total Transfers
(Ibs/yr)
o
°' Discharge
to POTW
Other off-site location i 1
6 . (Enter block number
from Part II, Section 2.) 1 1
Other off-site local
6. (Enter block numbe
from Part II, Sec1i<
ion
r
jn 2 )
A.1
Reporting Ranges
0 1-499 500-999
6. a
6. a
6. a
A. 2
Enter
Estimate
B. Basis
Estin
(enter
6.___b
6. b
6. b
5 Of
nate
code)
C. Type of Treatment/
Disposal (enter code)
6
6
c.
c.
ADDITIONAL INFORMATION ON WASTE TREATMENT (Part
A. General Wastestream
(enter code)
7. a
7. , n
7. a
7. a
7. a I I
EPA Form 9350-1
B. Treatment
Method
(enter code)
7 h
7. b
7. b
7. b
7. b
III - Section 7)
C. Range of
Influent
Concentration
(enter code)
7. c
7. c
7. c
7. c
7. c
(1-88)
D. Sequential
Treatment?
(check if
applicable)
7. d
7. d
7. d
7. d
7. d
E. Treatment
Efficiency
Estimate
7.e %
7. e %
7. e %
7. e %
7. e %
F. Based on
Operating
Data?
Yes No
7. f
7. f
7. f
7. f
7. f
-------
-------
b. Instructions.
INSTRUCTIONS FOR COMPLETING EPA FORM R,
THE TOXIC CHEMICAL RELEASE REPORTING FORM
GENERAL INFORMATION
A complete report Form R must be submitted for each
toxic chemical manufactured, processed, or otherwise used
at each covered facility as prescribed in the reporting
rule in 40 CFR Part 372. These instructions supplement
and elaborate on the requirements in the reporting rule.
Together with the reporting rule, they constitute the
reporting requirements; you should read both before
attempting to complete Form R. All references in these
instructions are to sections in the reporting rule unless
otherwise indicated.
The Toxic Chemical Release Reporting Form, EPA Form R,
consists of four parts:
- Part I, Facility Identification Information;
- Part II, Off-Site Locations to Which Toxic
Chemicals are Transferred in Wastes;
- Part III, Chemical Specific Information; and
- Part IV, Supplemental Information.
Form R is designed so that a majority of the information
required in Part I and all of the information required in
Part II should be the same for each chemical reported by
your facility. If the information in Parts I and II are
identical for two or more chemicals, you may submit
photostatic copies of those parts for those chemicals as
long as each Part I has an original signature on the
certification statement. Part III must be completed
separately for each chemical. Part IV provides additional
space, if needed, to complete the information required by
the preceding sections of the form.
A complete report for any listed toxic chemical that is
not claimed trade secret consists of the following
completed parts:
- Part I with an original signature on the
certification statement (Section 2);
- Part II;
- Part III (Section 8 is optional); and
- If applicable, Part IV.
A complete report for a toxic chemical claimed trade
secret includes all of the above items plus the following:
- A completed trade secret substantiation form;
- A "sanitized" version of the report in which the
chemical identity items (Part III, Sections 1.2 and 1.3)
have been left blank but in which a generic chemical
name has been supplied (Part III, Section 1.4); and
- A "sanitized" version of the trade secret substantiation
form.
WHEN THE REPORT MUST BE
SUBMITTED
The report for any calendar year must be submitted on or
before July 1 of the following year (e.g., the report for
calendar year 1987, January through December, must be
submitted on or before July 1, 1988).
WHERE TO SEND THE REPORT
Submit reports, including reports containing trade secret
claims (i.e., sanitized) to:
U.S. Environmental Protection Agency
P.O. Box 70266
Washington, D.C. 20024-0266
Attn: Toxic Chemical Release Inventory
In addition, you must send a copy of the report to the
State (State of the U.S., the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa,
the U.S. Virgin Islands, the Northern Mariana Islands,
and any other territory or possession over which the
U.S. has jurisdiction) in which the facility is located.
States will provide addresses where the copies of the
reports are to be sent. Copies of the report sent to the
State should be the "sanitized." non-trade-secret version
of the report, unless the State specifically requests
otherwise. For additional information, refer to the
discussion of trade secret/confidentiality claims in the
instructions for completing Part III, Section 1, of the
form.
HOW TO OBTAIN FORMS AND OTHER
INFORMATION
Additional copies of EPA Form R and related guidance
documents may be obtained from:
Emergency Planning and Community Right-
to-Know Hotline
U.S. Environmental Protection Agency
WH-562A
401 M Street, S.W.
Washington, D.C. 20460
(800) 535-0202
(202) 479-2449 (Washington D.C. and Alaska)
INSTRUCTIONS FOR COMPLETING
SPECIFIC SECTIONS OF EPA FORM R
The following are specific instructions for completing
each section of EPA Form R. The number designations
of the parts and sections of these instructions
correspond to those in Form R unless otherwise
indicated.
PART I. FACILITY IDENTIFICATION
INFORMATION
1.1 Does This Report Contain Trade Secret
Information?
You must answer this question only after you have
completed the rest of the report. The specific identity
of the toxic chemical being reported in Part III, Sections
1.2 and 1.3 may be designated as trade secret. If you
are making a trade secret claim, answer by marking the
"yes" box and proceed to Section 1.2. (See Part III,
Section 1, of these instructions for specific instructions
on trade secrecy claims.) If the answer is no, proceed
to Section 1.3.
1.2 Is This a Sanitized Copy?
You must answer this question only after you have
completed the rest of the report. Answer yes if this
copy of the report is the public "sanitized" version of a
report where the chemical identity is claimed trade
secret in Part III, Section 1.4 of the report. Otherwise,
answer no.
-------
1.3 Reporting Year
3.4 Public Contact
In Section 1.3, you must enter the year to which the
reported information applies, not the year in which you
are submitting the report.
2. Certification
The certification statement must be signed by the owner
or operator, or a senior official with management
responsibility for the person (or persons) completing the
form. The owner, operator, or official must certify the
accuracy and completeness of the information reported on
the form by signing and dating the certification statement.
Each report must contain an original signature. Print or
type the name and title of the person who signs the
statement in the space provided. This certification
statement applies to all the information supplied on the
form and should be signed only after the form has been
completed.
3. Facility Identification
3.1 Facility Name and Location
You must enter the name of your facility (plant site name
or appropriate facility designation), street address, city,
county, state, and zip code in the space provided. You
may not use a post office box number for this location
information. The address provided should be the location
where the chemicals are manufactured, processed, or
otherwise used.
3.2 Full or Partial Facility Indication
You must indicate whether your report is for the covered
facility as a whole or for part of a covered facility.
Check box a. if the report contains information about a
chemical for an entire covered facility. Check box b. if
the report contains information about a chemical but for
only part of a covered facility.
The SIC code system classifies business "establishments,"
which are defined as "distinct and separate economic
activities [which] are performed at a single physical
location." Under section 372.30(c) of the reporting rule,
you may choose to submit a separate Form R for each
establishment, or for groups of establishments, in your
covered facility. This allows you the option of reporting
separately on the activities involving a toxic chemical at
each establishment, or group of establishments (e.g., part
of a covered facility), rather than submitting a single
Form R for that chemical for the entire facility. You
may do this provided that all releases of the toxic
chemical from the entire covered facility are reported.
However, if an establishment or group of establishments
does not manufacture, process, otherwise use, or release a
toxic chemical, then you do not have to submit a report
on that chemical from that establishment or group of
establishments.
3.3 Technical Contact
You must enter the name and telephone number (including
area code) of a technical representative whom EPA or
State officials may contact for clarification of the
information reported on the form. This person does not
have to be the person who prepares the report or signs
the certification statement. However, this person must
have detailed knowledge of the report to be able to
respond to questions.
You must enter the name and telephone number of a
person who can respond to questions from the public
about the report. If you choose to designate the same
person as both the technical and the public contact,
enter "same as 3.3" in this space. If no public contact is
designated in Section 3.4, EPA will treat the technical
contact as the public contact.
3.5 Standard Industrial Classification
(SIC) Code
You must enter the appropriate 4-digit primary Standard
Industrial Classification (SIC) code for your facility. If
the report covers more than one establishment, enter the
primary 4 digit SIC code for each establishment. You
are only required to enter SIC codes for establishments
within the facility that fall within SIC codes 20 through
39 as identified in section 372.22 of the reporting rule.
Use the Supplemental Information sheet (Part IV) if you
need to enter more than three SIC codes.
3.6 Latitude and Longitude
Enter the latitudinal and longitudinal coordinates of your
facility. You must supply the latitude and longitude for
calendar year 1987 reports if the information is readily
available to you. Sources of these data include EPA
permits (e.g., NPDES permits), county property records,
facility blueprints, and site plans. If these geographic
coordinates are not readily available to you for calendar
year 1987 reports, enter not applicable [N/A]. All
facilities are required to provide this information in
reports submitted for the calendar year 1988 and
subsequent years. Use leading place holding zeros.
3.7 Facility Dun and Bradstreet Number
You must enter the number assigned by Dun and
Bradstreet for your facility or each establishment within
your facility. This may be available from your facility's
financial office. If none of your establishments have
been assigned Dun and Bradstreet Numbers, indicate this
in Section 3.7 by entering not applicable [N/A] in box a.
If only some of your establishments have been assigned
Dun and Bradstreet numbers, indicate this in Section 3.7
by entering those numbers. Use leading place holding
zeros. For more than two establishments, use the
Supplemental Information sheet (Part IV).
3.8 EPA Identification Number
If your facility has been assigned EPA Identification
Numbers, you must enter those numbers. The EPA I.D.
Number is a 12-digit number assigned to facilities
covered by hazardous waste regulations under the
Resource Conservation and Recovery Act (RCRA).
Facilities not covered by RCRA are not likely to have an
assigned EPA I.D. Number. If your facility does not have
an EPA I.D. Number, enter not applicable [N/A] in box a.
If your facility has more than two numbers, use the
Supplemental Information sheet (Part IV). Use leading
place holding zeros.
3.9 NPDES Permit Numbers
You must enter the numbers of any permits your facility
holds under the National Pollutant Discharge Elimination
System (NPDES). This 9-digit permit number is assigned
to your facility by EPA or the State under the authority
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of the Clean Water Act. If your facility has more than
two permits, use the Supplemental Information sheet (Part
IV). Use leading place holding zeros. If your facility
does not have a permit, enter not applicable [N/A] in box
3.10 Name of Receiving Stream or Water
Body
You must enter the name of each surface water body or
receiving stream to which chemicals being reported are
directly discharged. Report the name of each receiving
stream or water body as it appears on the NPDES permit
for the facility. Enter not applicable [N/A] to any
unneeded spaces. If your facility discharges the toxic
chemical to more than three receiving streams or water
bodies, use the Supplemental Information sheet (Part IV).
3.11 Underground Injection Well Code
(UIC) Identification Number
If your facility has a permit to inject chemical-
containing waste which includes any toxic chemical being
reported into Class 1 deep wells, you must enter the
Underground Injection Control (UIC) 12-digit identification
number assigned by EPA or by the State under the
authority of the Safe Drinking Water Act. If your facility
does not hold such a permit, enter not applicable [N/A] in
this space.
4. Parent Company Information
You must provide information on your parent company.
For purposes of this form, parent company is defined as a
company which directly owns at least 50 percent of the
voting stock of another company.
4.1 Name of Parent Company
You must enter the name of the corporation or other
business entity that is your parent company. If you have
no parent company, enter not applicable [N/A].
4.2 Parent Company's Dun & Bradstreet
Number
If applicable, you must enter the Dun and Bradstreet
Number for your parent company. The number may be
obtained from the treasurer or financial officer of the
company. If your parent company does not have a Dun
and Bradstreet number, enter not applicable [N/A]. Use
leading place holding zeros.
PART II. OFF-SITE LOCATIONS TO
WHICH TOXIC CHEMICALS ARE
TRANSFERRED IN WASTES
This section requires a listing of all off-site locations to
which you transfer wastes containing the toxic chemical.
The information that you enter in this section relates to
data to be reported in Part III, Section 6, of the form.
List only publicly owned treatment works (POTW) and
treatment or disposal facilities. Do not list locations to
which products containing the toxic chemical are shipped
for sale or distribution in commerce or for further use.
Also, do not list locations to which wastes containing the
chemical are sold or sent for recovery, recycling, or reuse
of the toxic chemical.
1. Publicly Owned Treatment Works
(POTW)
You must enter the name and address of the POTW to
which your facility discharges wastewater containing any
toxic chemical you are reporting. If you do not discharge
wastewater containing reported toxic chemicals to a
POTW, enter not applicable [N/A]. If you discharge
wastewater containing toxic chemicals to more than one
POTW, use additional copies of Part II.
2. Other Off-Site Locations
In the block next to the heading "Other off-site
location," enter a number. For the first such off-site
location enter "1" in the block. Continue numbering the
off-site locations in ascending order. This is the block
number required by Part III, Section 6. If your facility
transfers the toxic chemical to more than three off-site
locations, use additional copies of Part II and continue
numbering these locations in ascending order.
In the spaces provided, you must enter the name and
address of each location (other than POTWs) to which
you ship or transfer wastes containing the toxic
chemical. Also enter the RCRA I.D. Number (EPA I.D.
Number) for each such location, if known to you. Such
information may be found on the Uniform Hazardous
Waste Manifest which is required by RCRA regulations.
You must also indicate in the space provided whether the
location is owned or controlled by your facility or your
parent company.
PART III. CHEMICAL SPECIFIC
INFORMATION
1.1 Trade Secret Block
If you are claiming chemical identity as a trade secret,
you must mark the trade secret claim box in Section 1.1.
In addition, you must attach a completed trade secret
substantiation form to the report, as set forth in the
trade secret rule in 40 CFR Part 350. When the
chemical identity is claimed trade secret, you must also
provide a generic name in Section 1.4.
Note: If you complete and submit your Toxic Chemical
Release Inventory Reporting Form before the trade secret
rule is in effect, you are still required to substantiate
your claim that the specific chemical identity is a trade
secret. Accordingly, you should follow the provisions of
the proposed trade secret rule and use the proposed
trade secret substantiation form which appeared in the
FEDERAL REGISTER of October 15, 1987 (52FR 38312-
38377).
1.2 CAS Registry Number
You must enter the Chemical Abstracts Service (CAS)
registry number that appears in section 372.65 of the
reporting rule for the chemical being reported. Use
leading place holding zeros. If you are reporting one of
the chemical categories in section 372.65 of the rule
(e.g., copper compounds), enter [N/A] in the CAS number
space. CAS numbers are cross-referenced with an
alphabetical list of trade names and chemical names in
section 372.65 of the rule.
1.3 Chemical or Chemical Category Name
You must enter in the space provided the name of the
chemical or chemical category as it is listed in section
372.65 of the reporting rule. Only use names listed in
section 372.65.
1.4 Generic Chemical Name
You must complete Section 1.4 if you are claiming the
specific chemical identity of the toxic chemical as a
trade secret and have marked the trade secret block in
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Section 1.1. The generic chemical name must be
descriptive of the chemical structure. You must limit the
generic name to seventy characters (e.g., numbers, letters,
spaces, punctuation) or less.
2. Mixture Component Identity
Use this section to report a mixture component that you
know exceeds a threshold. Do not complete this section
if you have completed Section 1 of Part III.
You may have received a mixture or trade name product
from another person which you were told contains a
section 313 toxic chemical, but that person did not tell
you the specific chemical name or CAS number of the
toxic chemical. The person may have given you a generic
chemical name and the percentage composition of the
toxic chemical in the mixture or trade name product under
section 372.45 of the reporting rule. If you determine
that you have imported, processed, or otherwise used the
toxic chemical in the mixture or trade name product in
excess of an applicable threshold, you must enter the
generic chemical name given to you by your supplier in
Section 2. If your supplier did not give you a generic
chemical name, you must enter the name by which the
supplier identified the chemical to you. (In some cases,
this may be the same as the name of the mixture or trade
name product.)
For example, your facility uses 20,000 pounds of a solvent
which your supplier has told you contains eighty percent
"chlorocyclocarbon," his generic name for a chemical
subject to reporting under section SIS. You therefore
know that you have exceeded the use threshold for this
toxic chemical. You would enter the name
"chlorocyclocarbon," in the space provided in Section 2.
3. Activities and Uses of the Chemical at
the Facility
This section requires an indication of whether the
chemical is manufactured (including imported), processed,
or otherwise used at the facility for which the form is
being filed and the general nature of such activities and
uses at the facility during the calendar year. Report
activities that take place only at your facility, not
activities that take place at other facilities involving your
products. You must mark all of the appropriate blocks in
this Section that apply to the activities at your facility.
Refer to the definitions of "manufacture," "process," and
"otherwise used" in section 372.3 of the reporting rule for
explanations supplementing those provided below.
3.1 Manufacture
a. Produce.
A chemical included in this category is produced at the
facility.
b. Import.
A chemical included in this category is imported to the
facility.
c. For on-site use/processing.
A chemical included in this category is manufactured and
then further processed or otherwise used at the same
facility.
d. For sale/distribution.
A chemical in this category >• manufactured specifically
for sale or distribution outside the manufacturing facility.
e. As a byproduct.
A chemical in this category is produced coincident ally
during the production, processing, use, or disposal of
another chemical substance or mixture, and following its
production, is separated from that other chemical
substance or mixture.
f. As an impurity.
A chemical in this category is produced coincident ally
with another chemical substance, and is processed, used,
or distributed with it.
3.2 Process (incorporative-type activities)
a. As reactant.
A natural or synthetic chemical used in chemical
reactions for the manufacture of another chemical
substance or of a product. Includes, but is not limited
to, feedstocks, raw materials, intermediates, and
initiators.
b. As a formulation component.
A chemical added to a product or product mixture prior
to further distribution of the product that aids the
performance of the product in its use. Examples include,
but are not limited to, additives, dyes, reaction diluents,
initiators, solvents, inhibitors, emulsifiers, surfactants,
lubricants, flame retardants, and Theological modifiers.
c. As an article component.
A chemical substance that becomes an integral component
of an article distributed for industrial, trade, or
consumer use.
d. Repackaging only.
Processing or preparation of a chemical or product
mixture for distribution in commerce in a different form,
state, or quantity.
3.3 Otherwise Used (non-incorporative-type
activities)
a. As a chemical processing aid.
A chemical that is added to a reaction mixture to aid in
the manufacture or synthesis of another chemical
substance but does not intentionally remain in or become
part of the product or product mixture. Examples of
such chemicals include, but are not limited to, process
solvents, catalysts, inhibitors, initiators, reaction
terminators, and solution buffers.
b. As a manufacturing aid.
A chemical whose function is to aid the manufacturing
process but does not become part of the resulting
product. Examples include, but are not limited to,
lubricants, metalworking fluids, coolants, refrigerants,
and hydraulic fluids.
c. Ancillary or other use.
A chemical in this category is used at a facility for
purposes other than as a chemical processing aid or
manufacturing aid as described above. Includes, but is
not limited to, cleaners, degreasers, lubricants, and fuels.
4. Maximum Amount of the Chemical On
Site at Any Time During the
Calendar Year
You must insert the appropriate code (see below) that
indicates the maximum quantity of the chemical (in
storage tanks, process vessels, on-site shipping
containers, etc.) at your facility at any time during the
calendar year. If the chemical was present at several
locations within your facility, use the maximum total
amount present at the entire facility at any one time.
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Ranee Code
01
02
03
04
05
06
07
08
09
10
11
Weight Range in Pounds
From... To....
0
100
1,000
10,000
100,000
1,000,000
10,000,000
50,000,000
100,000,000
500,000,000
1 billion
99
999
9,999
99,999
999,999
9,999,999
49,999,999
99,999,999
499,999,999
999,999,999
more than 1 billion
5.4 Underground injection
You must enter the total annual amount of the chemical
that was injected into wells, including Class I and other
types, at the facility.
*
5.5 Releases to land
You must report quantities of the chemical that were
landfilled, impounded, or otherwise disposed of at the
facility. Do not report land disposal at off-site locations
in this section. You must enter the appropriate disposal
code from the following list:
If the toxic chemical was present at your facility as part
of a mixture or trade name product, to determine the
maximum quantity of the chemical present at the facility
you must calculate only the weight of the toxic chemical,
not the weight of the entire mixture or trade name
product. See section 372.30(b) of the reporting rule for
further information on how to calculate the weight of the
chemical in the mixture or trade name product.
5. Releases of the Chemical to the
Environment
In Section 5 you must account for the total aggregate
releases of the toxic chemical from your facility to the
environment for the calendar year. Releases to the
environment include emissions to the air, discharges to
surface waters, and releases to land and underground
injection wells.
All air releases of the chemical from the facility must be
covered. In case of doubt about whether an air release is
a point or non-point release, it is important that the
release be included as one or the other rather than
omitted. Do not enter information on individual emission
points or releases. Enter only the total release.
5.1 Fugitive or non-point air emissions.
These are releases to the air that are not released
through stacks, vents, ducts, pipes, or any other confined
air stream. You must include (1) fugitive equipment leaks
from valves, pump seals, flanges, compressors, sampling
connections, open-ended lines, etc.; (2) evaporative losses
from surface impoundments; (3) releases from building
ventilation systems; and (4) any other fugitive or
non-point air emissions.
5.2 Stack or point air emissions.
These are releases to the air that are through stacks,
vents, ducts, pipes, or other confined air streams. You
must include storage tank emissions. Air releases from
control equipment would generally fall in this category.
5.3 Discharges to water
You must enter the applicable letter code for the
receiving stream or water body from Section 3.10 of Part
I of the form. Also, you must enter the total annual
amount of the chemical released from all discharge points
at the facility to each receiving stream or water body.
You must include process outfalls such as pipes and open
trenches, releases from on-site wastewater treatment
systems, and the contribution from stormwater runoff if
applicable (see instructions for column C below). Do not
include "indirect" discharges to surface waters such as to
a POTW or off-site wastewater treatment facility. These
must be reported in Section 6.
Disposal Codes
D02 Landfill
DOS Land Treatment/Application/Farming
D05 Surface Impoundment (to be closed as a
Landfill)
D99 Other Disposal
Three lines are provided in this section of the form to
accommodate various types of land disposal.
For the purpose of this form, a surface impoundment is
considered "final disposal." Quantities of the chemical
released to surface impoundments that are used merely as
part of a wastewater treatment process generally must
not be reported in this section of the form. However, if
the impoundment accumulates sludges containing the
chemical, you must include an estimate in this section
unless the sludges are removed and otherwise disposed of
(in which case they should be reported under the
appropriate section of the form). For the purposes of
this reporting, storage tanks are not considered to be a
type of disposal and are not to be reported in this
section of the form.
A. Total Release
Only releases of the toxic chemical to the environment
for the calendar year are to be reported in this section
of the form. The total releases from your facility do
not include transfers or shipments of the chemical from
your facility for sale or distribution in commerce or of
wastes to other facilities for treatment or disposal (see
Section 6.1). Both routine releases, such as fugitive air
emissions, and accidental or non-routine releases, such aa
chemical spills, must be included in your estimate of the
quantity released.
A.I Reporting Ranges
For reports submitted for calendar years 1987, 1988, and
1989 only, you may take advantage of range reporting for
releases that are less than 1,000 pounds for the year to
an environmental medium. You may mark one of the
three boxes, 0, 1-499, or 500-999, corresponding to
releases of the chemical to any environmental medium
(i.e., any line item); however, you do not have to use
these range check boxes. You have the option of
providing a specific figure in column A.2 as described
below.
For releases of 1,000 pounds or more for the year to any
medium, you must provide an estimate in pounds per year
in column A.2. Any estimate provided in column A.2 is
required to be accurate to no more than two significant
figures. Beginning with reports for calendar year 1990,
you may not use ranges to report; you must report in
column A.2.
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A.2 Enter Estimates
You must provide your estimates of releases in pounds for
the year in column A.2. This estimate is required to be
accurate to no more than two significant figures.
Calculating Releases
To provide the release information required in both
Sections A.I and A.2 in this section of the form, you must
use all readily available data (including relevant
monitoring data and emissions measurements) collected at
your facility pursuant to other provisions of law or as
part of routine plant operations, to the extent you have it
for the toxic chemical.
When relevant monitoring data or emission measurements
are not readily available, reasonable estimates of the
amounts released must be made using published emission
factors, material balance calculations, or engineering
calculations. You may not use emission factors or
calculations to estimate releases if more accurate data are
available.
No additional monitoring or measurement of the quantities
or concentrations of any toxic chemical released into the
environment, or of the frequency of such releases, is
required for the purpose of completing this form, beyond
that which is required under other provisions of law or
regulation or as part of routine plant operations.
You must estimate as accurately as possible the quantity
in pounds of the chemical or1 chemical category that is
released annually to each environmental medium. Do not
include the quantity of components of a waste stream
other than the toxic chemical in this estimate.
If the toxic chemical was present at your facility as part
of a mixture or trade name product, you must calculate
the releases of the chemical only. Do not include releases
of the other components of the mixture or trade name
product. If you only know about or are only able to
estimate the releases of the mixture or trade name
product as a whole, you must assume that the toxic
chemical is released in proportion to its concentration in
the mixture or trade name product. See section 372.30(b)
of the reporting rule for further information on how to
calculate the concentration and weight of the chemical in
the mixture or trade name product.
If you are reporting a chemical category listed in section
372.65(c) of the reporting rule rather than a specific
chemical, you must combine the release data for all
chemicals in the listed chemical category (e.g., all glycol
ethers or all chlorophenols) and report the aggregate
amount for that chemical category. Do not report
releases of each individual chemical in that category
separately. For example, if your facility releases 3,000
pounds per year of 2-chlorophenol, 4,000 pounds per year
of 3-chlorophenol, and 4,000 pounds per year of
4-chlorophenol, you should report that your facility
releases 11,000 pounds per year of chlorophenols. (Other
than for listed chemical categories in section 372.65(c) of
the rule, each form must report for an individual
chemical.
Listed chemicals with the qualifier "solution," such as
sodium sulfate, in concentrations of 1 percent (or 0.1
percent in the case of a carcinogen) or greater, must be
factored into threshold and release calculations, because
threshold and release amounts relate to the amount of
chemical in solution, not the amount of solution.
For metal compound categories (e.g., chromium
compounds), report releases of only the parent metal.
For example, a user of various inorganic chromium salts
would report the total chromium released in each waste
type regardless of the chemical form (e.g., as the original
salts, chromium ion, oxide, etc.), and exclude any
contribution to mass made by other species in the
molecule.
B. Basis of Estimate
For each release estimate you are required to indicate
the principal method by which the quantity was derived.
Enter the letter code to identify the method which
applies to the largest portion of the total estimated
quantity.
For example, if 40 percent of stack emissions of the
reported substance were derived using monitoring data,
30 percent by mass balance, and 30 percent by emission
factors, you would enter the code letter "M" for
monitoring. The codes are as follows:
M - Based on monitoring data or measurements for the
toxic chemical as released to the environment
and/or off-site facility.
C - Based on mass balance calculations, such as
calculation of the amount of the toxic chemical in
streams entering and leaving process equipment.
E - Based on published emission factors, such as those
relating release quantity to throughput or
equipment type (e.g., air emissions factors)
O - Based on other approaches such as engineering
calculations (e.g., estimating volatilization or
solubility using published mathematical formulas)
or best engineering judgment. This would include
applying an estimated removal efficiency to a
wastestream even if the composition of stream
before treatment was fully characterized by
monitoring data.
If the monitoring data, mass balance, or emission factor
used to estimate the release is not specific to the toxic
chemical, the estimate should be reported as based on
engineering calculations or judgment.
C. Percent From Stormwater
This column only relates to Section 5.3 - Discharges to
Water. The quantity of the chemical released to any
receiving stream or water body in each box in column A
must include the amount contributed by stormwater
runoff from the facility which contains the chemical. In
addition, the percentage of the total quantity (by weight)
of the chemical contributed by stormwater must be
entered in column C. If your facility has monitoring
data on the chemical and an estimate of flow rate, you
must use this data to determine percent stormwater.
If your facility does not have periodic measurements of
stormwater releases of the chemical but has submitted
chemical specific monitoring data in permit applications,
then these data must be used to calculate the percent
contribution from stormwater. Flow rate data can be
estimated by multiplying the annual amount of rainfall
times the land area times the runoff coefficient. The
runoff coefficient represents the fraction of rainfall that
does not infiltrate into the ground but runs off as
stormwater. The runoff coefficient is directly related to
the land uses located in the drainage area and ranges
from 0.5-0.8 for light industrial areas and 0.6-0.9 for
heavy industrial areas. Site specific determinations can
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be calculated using the following formula:
(1 x fractional paved or roofed area) + (0.2 x fractional
grass area) + (0.3 x fractional graveled area) = site runoff
coefficient
If you have monitored stormwater but did not detect the
chemical, enter zero (0) in this space. If your facility
has no stormwater monitoring data for the of the
chemical, enter no data [N/D] in this space on the form.
6. Transfers of the Chemical in Waste to
Off-Site Locations
You must report in this section the total annual quantity
of the chemical sent to any of the off-site disposal,
treatment, or storage facilities for which you have
provided an address in Part II.
Line 6.1 is for transfers to a POTW. Lines 6.2 through
6.4 are provided for transfers to other off-site locations,
including privately owned wastewater treatment facilities.
Enter, from Section 2 of Part II, the block number that
corresponds to the off-site location to which you
transferred waste containing the chemical. If you need
additional space (i.e., you ship waste to more than three
off-site locations), check the box at the bottom of
Section 6 and use the Supplemental Information sheet
(Part IV).
A. Total Transferred
You must follow the instructions for providing estimates
as presented in the instructions for column A of Section 5
above. You must enter the amount in pounds of only the
toxic chemical that is being transferred; do not enter the
total poundage of wastes, including mixtures or trade
name products containing the chemical. As with Section
5, you may report in ranges only for calendar years 1987,
1988, and 1989.
B. Basis of Estimate
You must identify the basis for your estimate. Follow the
instructions and use the same codes as presented in the
instructions for column B of Section 5.
C. Type of Treatment/Disposal
You must enter one of the following codes to identify the
type of treatment or disposal method used by the off-site
location for the chemical being reported. You may have
this information in your copy of EPA Form SO, Item S of
the Annual/Biennial Hazardous Waste Treatment, Storage,
and Disposal Report (RCRA). Applicable codes for this
section are as follows:
M10 Storage Only
M20 Reuse as Fuel/Fuel Blending
M40 Solidification/Stabilization
M50 Incineration/Thermal Treatment
M61 Wastewater Treatment (Excluding POTW)
M69 Other Treatment
M71 Underground Injection
M72 Landfill/Disposal Surface Impoundment
M73 Land Treatment
M79 Other Land Disposal
M90 Other Off-Site Management
M91 Transfer to Waste Broker
M99 Unknown
7. Waste Treatment Methods and Efficiency
In Section 7, you must provide the following information
related to the chemical whose releases are being
reported: (A) the general wastestream types containing
the chemical being reported; (B) the waste treatment
methods (if any) used on all wastestreams containing the
chemical; (C) the range of concentrations of the chemical
in the influent to the treatment method (D) whether
sequential treatment is used; (E) the efficiency or
effectiveness of each treatment method in removing the
chemical; and (F) whether the treatment efficiency figure
was based on actual operating data. You must use a
separate line in Section 7 for each treatment method
used on a wastestream. This section is to be used to
report only treatment of wastestreams at your facility,
not treatment off-site.
A. General Wastestream
For each waste treatment method report you must
indicate the type of wastestream containing the chemical
that is treated. Enter the letter code that corresponds
to the general wastestream type:
A = Gaseous (including gases, vapors, airborne
particulates)
W = Wastewater (aqueous waste)
L = Liquid waste (non-aqueous waste)
S = Solid waste (including sludges and slurries)
If a waste is a mixture of water and organic liquid, you
must report it under wastewater unless the organic
content exceeds 50 percent. Slurries and sludges
containing water must be reported as solid waste if they
contain appreciable amounts of dissolved solids, or solids
that may settle, such that the viscosity or density of the
waste is considerably different from that of process
wastewater.
B. Treatment Method
Codes for treatment methods are included in Table I of
these instructions. You must enter the code for each
treatment method used on a wastestream containing the
toxic chemical, regardless of whether this treatment
method actually removes the specific chemical.
Treatment methods must be reported by type of waste
being treated (i.e., gaseous wastes, aqueous wastes, liquid
non-aqueous wastes, and solids).
Wastestreams containing the chemical may have a single
source or may be aggregates of many sources. For
example, process water from several pieces of equipment
at your facility may be combined prior to treatment.
Report treatment methods that apply to the aggregate
wastestream as well as treatment methods that apply to
individual wastestreams. If your facility treats various
wastewater streams containing the chemical in different
ways, the different treatment methods must each be
listed separately.
Your facility may have several pieces of equipment
performing a similar service. It is not necessary to
enter four lines of data to cover four scrubber units, for
example, if all four are treating wastes of similar
character (e.g., sulfuric acid mist emissions), have similar
influent concentrations, and have similar removal
efficiencies. If, however, any of these parameters differ
from one unit to the next, each scrubber must be listed
separately.
C. Range of Influent Concentration
The form requires an indication of the range of
concentration of the toxic chemical in the wastestream
(i.e., the influent) as it typically enters the treatment
equipment. You must enter in the space provided one of
-------
the following code numbers corresponding to the
concentration of the chemical in the influent:
1 = Greater than 1 percent
2 = 100 parts per million (0.01 percent) to 1 percent
(10,000 parti per million)
3 = 1 part per million to 100 parts per million
4 = 1 part per billion to 1 part per million
5 = Less than 1 part per billion
Note that parts per million (ppm) is milligrams/kilogram
(mass/mass) for solids and liquids; cubic centimeters/cubic
meter (volume/volume) for gases; milligrams/liter for
solutions or dispersions of the chemical in water; and
milligrams of chemical/kilogram of air for participates in
air. If you have particulate concentrations (at standard
temperature and pressure) as grains/cubic foot of air,
multiply by 1766.6 to convert to parts per million: if in
mg/m , multiply by 0.773 to obtain ppm. (Note: Factors
are for standard conditions of O°C (32°F) and 760 mmHg
atmospheric pressure).
D. Sequential Treatment?
You may use various treatment steps in a sequence but
only be able to estimate the treatment efficiency of the
overall treatment process. If this is the case, you must
enter codes for all of the treatment steps in the process.
You must check the column D "sequential treatment?" box
for all of these steps in the same sequence. With respect
to information that must be supplied in columns C and E,
you must provide the range of influent concentrations
(column C) in connection with the first step of the
sequential treatment. Then provide the treatment
efficiency (column E) in connection with the last step in
the treatment. You do not need to complete C or E for
any intermediate step in the sequence.
E. Treatment Efficiency Estimate
In the space provided, you must enter the number that
indicates the percentage of the toxic chemical that is
removed from the wastestream. The treatment efficiency
(expressed- as percent removal) represents any destruction,
biological degradation, chemical conversion, or physical
removal of the chemical from the wastestream being
treated. This efficiency must represent the mass or
weight percentage of chemical destroyed or removed, not
just changes in volume or concentration of the chemical
or the wastestream. The efficiency indicated for a
treatment method must refer only to the percent
conversion or removal of the listed toxic chemical from
the wastestream, not the percent conversion or removal of
other wastestream constituents (alone or together with the
listed chemical), and not the general efficiency of the
method for any wastestream.
For some treatments, the percent removal will represent
removal by several mechanisms, as in secondary
wastewater treatment, where a chemical may evaporate, be
biodegraded, or be physically removed in the sludge.
Percent removal must be calculated as follows:
(I-E) x 100
I
where I = mass of the chemical in the influent
wastestream and E = mass of the chemical in the effluent
wastestream.
The mass or weight of chemical in the wastestream being
treated must be calculated by multiplying the
concentration (by weight) of the chemical in the
wastestream times the flow rate. When calculating or
estimating percent removal efficiency for various
wastestreams, the percent removal must compare the
gaseous effluent from treatment to the gaseous influent,
the aqueous effluent from treatment to the aqueous
influent, and similarly for organic liquid and solid waste.
However, some treatment methods may not result in a
comparable form of effluent wastestream. Examples are
incineration or solidification of wastewater. In these
cases, the percent removal of the chemical from the
influent wastestream would be reported as 100 percent
because the wastestream does not exist in a comparable
form after treatment.
Some of the treatments listed in Table I do not destroy,
chemically convert, or physically remove the chemical
from its wastestream. Some examples include fuel
blending and evaporation. For these treatment methods,
an efficiency of zero must be reported.
For metal compounds, the report able concentration and
treatment efficiency must be calculated based on the
weight of the parent metal and not the weight of the
metal compounds. Metals are not destroyed but can only
be physically removed or chemically converted from one
form into another. The treatment efficiency reported
must only represent physical removal of the parent metal
from the wastestream, not the percent chemical
conversion of the metal compound. If a listed treatment
method converts but does not remove a metal (e.g.,
chromium reduction), the method must be reported, but
the treatment efficiency must be reported as zero.
All data available at your facility must be utilized to
calculate treatment efficiency and influent chemical
concentration. You are not required to collect any new
data for the purposes of this reporting requirement. If
data are lacking, estimates must be made using best
engineering judgment or other methods.
F. Based on Operating Data?
This column requires you to indicate "Yes" or "No" to
whether the treatment efficiency estimate is based on
actual operating data. For example, you would check
"Yes" if the estimate is based on monitoring of influent
and effluent wastes under typical operating conditions.
If the efficiency estimate is based on published data for
similar processes or on equipment supplier's literature, or
if you otherwise estimated either the influent or effluent
waste comparison or the flow rate, you must check "No."
8. Optional Information on Waste
Minimization
Information provided in Part III, Section 8, of the form
is optional. This section allows you to identify waste
minimization efforts relating to the reported toxic
chemical that may not have been reflected in your
responses to previous sections of the form.
A. Type of modification
Enter one code from the following list that best
describes the type of waste minimization activity:
Ml - Recycling/reuse on-site.
M2 - Recycling/reuse off-site.
MS - Equipment/technology modifications.
M4 - Process procedure modifications.
MS - Reformulation/redesign of product.
M6 - Substitution of raw materials.
M7 - Improved housekeeping training, inventory
control.
M8 - Other waste minimization technique.
-------
B. Quantity of the chemical in the
wastestream prior to treatment/
disposal
Enter the pounds of the toxic chemical in wastes in the
reporting year and the pounds in wastes in the year prior
to implementing waste minimization (the "base year").
Alternatively, to protect confidential information, you may
wish to enter only the percentage by which the weight of
the chemical in the wastes has changed. This figure
(percentage) may be calculated using the following
formula:
toxic chemical in wastes in reporting year -
toxic chemical in wastes in prior year
toxic chemical in wastes in prior year.
xlOO
The resulting figure may be either negative or positive.
C. Index
Enter the ratio of reporting-year production to production
in the base year. This index should be calculated to most
closely reflect activities involving the chemical. Examples
of acceptable indices include:
- Chemical produced in 1987/chemical produced in 1986.
- Paint produced in 1987/paint produced in 1986.
- Appliances coated in 1987/appliances coated in 1986.
- Square feet of solar collector fabricated in
1987/square feet of solar collector fabricated in 1986.
- Value of sales in 1987/value of sales in 1986.
For example, a company manufactures 200,000 pounds of
a chemical in 1986 and 250,000 pounds of the same
chemical in 1987. The index figure to report would be
l.S (1.25 rounded). The index provides a means for users
of the data to distinguish the effects of changes in
business activity from the effects specifically of waste
minimization efforts. It is not necessary to indicate the
units on which the index is based.
D. Reason for action
Finally, enter the codes from the following list that best
describe the reason for initiating the waste minimization
effort:
Rl - Regulatory requirement for the waste.
R2 - Reduction of treatment/disposal costs.
R3 - Other process cost reduction.
R4 - Self-initiated program.
R5 - Other (e.g., discontinuation of product,
occupational safety, etc.).
-------
10
TABLE I
TREATMENT CODES
AIR EMISSIONS TREATMENT
AOl Flare
A02 Condenser
A03 Scrubber
A04 Absorber
A05 Electrostatic Precipitator
A06 Mechanical Separation
A07 Other Air Emission Treatment
BIOLOGICAL TREATMENT
Bll Biological Treatment — Aerobic
B21 Biological Treatment — Anaerobic
B31 Biological Treatment — Facultative
B99 Biological Treatment — Other
CHEMICAL TREATMENT
COl Chemical Precipitation — Lime or Sodium
Hydroxide
C02 Chemical Precipitation — Sulfide
C09 Chemical Precipitation — Other
Cll Neutralization
C21 Chromium Reduction
C31 Complexed Metals Treatment (other than pH
Adjustment)
C41 Cyanide Oxidation -- Alkaline Chlorination
C42 Cyanide Oxidation — Electrochemical
C43 Cyanide Oxidation -- Other
C44 General Oxidation (including Disinfection) —
Chlorination
C45 General Oxidation (including Disinfection) —
Ozonation
C46 General Oxidation (including Disinfection) —
Ozonation
C99 Other Chemical Treatment
INCINERATION/THERMAL TREATMENT
FOl Liquid Injection
Fll Rotary Kiln with Liquid Injection Unit
F19 Other Rotary Kiln
F31 Two Stage
F41 Fixed Hearth
F42 Multiple Hearth
F51 Fluidized Bed
F61 Infra-Red
F71 Fume/Vapor
F81 Pyrolytic Destructor
F82 Wet Air Oxidation
F83 Thermal Drying/Dewatering
F99 Other Incineration/Thermal Treatment
SOLIDIFICATION/STABILIZATION
GOl Cement Processes (including Silicates)
G09 Other Pozzolonic Processes (including Silicates)
Gil Asphaltic Processes
G21 Thermoplastic Techniques
G99 Other Solidification Processes
PHYSICAL TREATMENT
POl Equalization
P09 Other Blending
Pll Settling/Clarification
P12 Filtration
PIS Sludge Dewatering (non-thermal)
P14 Air Flotation
PIS Oil Skimming
P16 Emulsion Breaking -- Thermal
P17 Emulsion Breaking — Chemical
PIS Emulsion Breaking — Other
P19 Other Liquid Phase Separation
P21 Adsorption -- Carbon
P22 Adsorption — Ion Exchange (other than for
recovery/ reuse)
P23 Adsorption — Resin
P29 Adsorption — Other
P31 Reverse Osmosis (other than for recovery/reuse)
P41 Stripping — Air
P42 Stripping — Steam
P49 Stripping — Other
P51 Acid Leaching (other than for recovery/reuse)
P61 Solvent Extraction (other than recovery/reuse)
P99 Other Physical Treatment
RECOVERY/REUSE
ROl Reuse as Fuel — Industrial Kiln
R02 Reuse as Fuel -- Industrial Furnace
R03 Reuse as Fuel — Boiler
R04 Reuse as Fuel — Fuel Blending
R09 Reuse as Fuel — Other
Rll Solvents/Organics Recover)' — Batch Still
Distillation
R12 Solvents/Organics Recovery -- Thin-Film
Evaporation
R13 Solvents/Organics Recovery — Fractionation
R14 Solvents/Organics Recovery — Solvent
Extraction
R19 Solvents/Organics Recovery — Other
R21 Metals Recovery — Electrolytic
R22 Metals Recovery — Ion Exchange
R23 Metals Recovery -- Acid Leaching
R24 Metals Recovery — Reverse Osmosis
R26 Metals Recovery -- Solvent Extraction
R29 Metals Recovery — Other
R99 Other Reuse or Recovery
-------
SECTION 313 TOXIC CHEMICAL LIST
(Including Chemical Categories)
(Chemicals may be added or deleted to the list. The Emergency Planning and Community Right-to-Know Hotline will
provide up-to-date information on the status of these changes.)
a. Alphabetical List
CAS Number Chemical Name
75-07-0
60-35-5
67-64-1
75-05-8
53-96-3
107-02-8
79-06-1
79-10-7
107-13-1
309-00-2
107-05-1
7429-90-5
1344-28-1
117-79-3
60-09-3
92-67-1
82-28-0
7664-41-7
6484-52-2
7783-20-2
62-53-3
90-04-0
104-94-9
134-29-2
120-12-7
7440-36-0
7440-38-2
1332-21-4
7440-39-3
98-87-3
55-21-0
71-43-2
92-87-5
98-07-7
98-88-4
94-36-0
100-44-7
7440-41-7
92-52-4
111-44-4
542-88-1
108-60-1
103-23-1
75-25-2
74-83-9
106-99-0
141-32-2
71-36-3
78-92-2
75-65-0
85-68-7
106-88-7
123-72-8
2650-18-2
3844-45-9
4680-78-8
569-64-2
989-38-8
Acetaldehyde
Acetamide
Acetone
Acetonitrile
2-Acetylaminofluorene
Acrolein
Acrylamide
Acrylic acid
Acrylonitrile
Aldrin [l,4:5,8-Dimethanonaphthalene,
5,8,8a-hexahydro-(l.alpha.,
4. alpha. ,4a. beta. ,5. alpha.,
8.alpha.,8a.beta.)-]
Allyl chloride
Aluminum (fume or dust)
Aluminum oxide
2-Aminoanthraquinone
4-Aminoazobenzene
4-Aminobiphenyl
l-Amino-2-methylanthraquinone
Ammonia
Ammonium nitrate (solution)
Ammonium sulfate (solution)
Aniline
o-Anisidine
o-Anisidine hydrochloride
Anthracene
Antimony
Arsenic
Asbestos (friable)
Barium
Benzal chloride
Benzamide
Benzene
Benzidine
Benzoic trichloride (Benzotrichloride)
Benzoyl chloride
Benzoyl peroxide
Benzyl chloride
Beryllium
Biphenyl
Bis(2-chloroethyl) ether
Bis(chloromethyl) ether
Bis(2-chloro-l-methylethyl) ether
Bis(2-ethylhexyl) adipate
Bromoform (Tribromomethane)
Bromomethane (Methyl bromide)
1,3-Butadiene
Butyl acrylate
n-Butyl alcohol
sec-Butyl alcohol
tert-Butyl alcohol
Butyl benzyl phthalate
1,2-Butylene oxide
Butyraldehyde
C.I. Acid Blue 9, diammonium salt
C.I. Acid Blue 9, disodium salt
C.I. Acid Green 3
C.I. Basic Green 4
C.I. Basic Red 1
1937-37-7 C.I. Direct Black 38
2602-46-2 C.I. Direct Blue 6
16071-86-6 C.I. Direct Brown 95
2832-40-8 C.I. Disperse Yellow 3
3761-53-3 C.I. Food Red 5
81-88-9 C.I. Food Red 15
3118-97-6 C.I. Solvent Orange 7
97-56-3 C.I. Solvent Yellow 3
842-07-9 C.I. Solvent Yellow 14
492-80-8 C.I. Solvent Yellow 34 (Aurimine)
128-66-5 C.I. Vat Yellow 4
7440-43-9 Cadmium
156-62-7 Calcium cyanamide
133-06-2 Captan [lH-Isoindole-l,3(2H)-dione,
3a,4,7,7a-tetrahydro-2-
[(trichloromethyl)thioj-]
63-25-2 Carbaryl [l-Naphthalenol,
methylcarbamatej
75-15-0 Carbon disulfide
56-23-5 Carbon tetrachloride
463-58-1 Carbonyl sulfide
120-80-9 Catechol
133-90-4 Chloramben [Benzoic acid, 3-amino-
2,5-dichloro-j
57-74-9 Chlordane [4,7-Methanoindan,
1,2,4,5,6,7,8,8- octachloro-
2,3,3a,4,7,7a-hexahydro-]
7782-50-5 Chlorine
10049-04-4 Chlorine dioxide
79-11-8 Chloroacetic acid
532-27-4 2-Chloroacetophenone
108-90-7 Chlorobenzene
510-15-6 Chlorobenzilate [Benzeneacetic acid,
4-chloro-.alpha.-(4-
chlorophenyl)-
.alpha.-hydroxy-,
ethyl ester]
75-00-3 Chloroethane (Ethyl chloride)
67-66-3 Chloroform
74-87-3 Chloromethane (Methyl chloride)
107-30-2 Chloromethyl methyl ether
126-99-8 Chloroprene
1897-45-6 Chlorothalonil [1,3-
Benzenedicarbonitrile,
2,4,5,6-tetrachloro-J
7440-47-3 Chromium
7440-48-4 Cobalt
7440-50-8 Copper
120-71-8 E-Cresidine
1319-77-3 Cresol (mixed isomers)
108-39-4 m-Cresol
95-48-7 o-Cresol
106-44-5 E-Cresol
98-82-8 Cumene
80-15-9 Cumene hydroperoxide
135-20-6 Cupferron [Benzeneamine, N-hydroxy-
N-nitroso, ammonium salt]
110-82-7 Cyclohexane
94-75-7 2,4-D [Acetic acid, (2,4-dichIoro-
phenoxy)-]
1163-19-5 Decabromodiphenyl oxide
-------
2303-16-4 Diallate [Carbamothioic acid.bis 680-31-9
(1-methylethyl)-, S-(2,3- 302-01-2
dichloro-2-propenyl) ester] 10034-93-2
615-05-4 2,4-Diaminoanisole 7647-01-0
39156-41-7 2,4-Diaminoanisole sulfate 74-90-8
101-80-4 4,4'-Diaminodiphenyl ether 7664-39-3
25376-45-8 Diaminotoluene (mixed isomen) 123-31-9
95-80-7 2,4-Diaminotoluene 78-84-2
334-88-3 Diaiomethane 67-63-0
132-64-9 Dibensofuran
96-12-8 l,2-Dibromo-3-chloropropane (DBCP)
106-93-4 1,2-Dibromoethane (Ethylene dibromide)
84-74-2 Dibutyl phthalate 80-05-7
25321-22-6 Dichlorobenzene (mixed Uomers) 7439-92-1
95-50-1 1,2-Dichlorobenzene 58-89-9
541-73-1 1,3-Dichlorobenzene
106-46-7 1,4-Dichlorobenzene
91-94-1 3,3'-Dichlorobenzidine 108-31-6
75-27-4 Dichlorobromomethane 12427-38-2
107-06-2 1,2-Dichloroethane (Ethylene dichloride)
540-59-0 1,2-Dichloroethylene
75-09-2 Dichloromethane (Methylene chloride) 7439-96-5
120-83-2 2,4-Dichlorophenol 108-78-1
78-87-5 1,2-Dichloropropane 7439-97-6
542-75-6 1,3-Dichloropropylene 67-56-1
62-73-7 Dichlorvos [Phosphoric acid, 2 72-43-5
dichloroethenyl dimethyl
eater]
115-32-2 Dicofol [Benzenemet Hanoi, 4-chloro- 109-86-4
.alpha.- 4-chlorophenyl)- 96-33-3
.alpha.- (trichloromethyl)-] 1634-04-4
1464-53-5 Diepoxybutane 101-14-4
111-42-2 Diethanolamine
117-81-7 Di-(2-ethylhexyl) phthalate (DEHP) 101-61-1
84-66-2 Diethyl phthalate
64-67-5 Diethyl sulfate 101-68-8
119-90-4 3,3'-Dimethoxybenzidine 74-95-3
60-11-7 4-Dimethylaminoazobenzene 101-77-9
119-93-7 3,3'-Dimethylbenzidine (o-Tolidine) 78-93-3
79-44-7 Dimethylcarbamyl chloride 60-34-4
57-14-7 1,1-Dimethyl hydrazine 74-88-4
105-67-9 2,4-Dimethylphenol 108-10-1
131-11-3 Dimethyl phthalate 624-83-9
77-78-1 Dimethyl sulfate 80-62-6
534-52-1 4,6-Dinitro-o-cresoI 90-94-8
51-28-5 2,4-Dinitrophenol 1313-27-5
121-14-2 2,4-Dinitrotoluene 505-60-2
606-20-2 2,6-Dinitrotoluene
117-84-0 n-Dioctyl phthalate 91-20-3
123-91-1 1,4-Dioxane 134-32-7
122-66-7 1,2-Diphenylhydrazine 91-59-8
(Hydrazobenzene) 7440-02-0
106-89-8 Epichlorohydrin 7697-37-2
110-80-5 2-Ethoxyethanoi 139-13-9
140-88-5 Ethyl acrylate 99-59-2
100-41-4 Ethylbenzene 98-95-3
541-41-3 Ethyl chloroformate 92-93-3
74-85-1 Ethylene 1836-75-5
107-21-1 Ethylene glycol
151-56-4 Ethyleneimine (Aziridine) 51-75-2
75-21-8 Ethylene oxide
96-45-7 Ethylene thiourea
2164-17-2 Fluometuron (Urea, N,N-dimethyl-N'- 55-63-0
[3-(trifluoromethyl)phenyl]-] 88-75-5
50-00-0 Formaldehyde 100-02-7
76-13-1 Freon 113 [Ethane, l,l,2-trichloro-l,2, 79-46-9
2-trifluoro-] 156-10-5
76-44-8 Heptachlor [1,4,5,6,7,8,8-Heptachloro- 121-69-7
3a,4,7,7a-tetrahydro-4,7- 924-16-3
methano-lH-indene] 55-18-5
118-74-1 Hexachlorobenzene 62-75-9
87-68-3 Hexachloro-l,3-butadiene 86-30-6
77-47-4 Hexachlorocyclopentadiene 621-64-7
67-72-1 Hexachloroethane 4549-40-0
1335-87-1 Hexachloronaphthalene 59-89-2
Hexamethylphosphoramide
Hydrazine
Hydrazine sulfate
Hydrochloric acid
Hydrogen cyanide
Hydrogen fluoride
Hydroquinone
Isobutyraldehyde
Isopropyl alcohol
(manufacturing-strong
acid process, no supplier
notification)
4,4'-Isopropylidenediphenol
Lead
Lindane[Cyclohexane, 1,2,3,4,5,6-hex-
achlorO",(l.alpha.,2.alpha.,3.
bet a.,4.alpha.,5.alpha.,6.beta.)-
Maleic anhydride
Maneb [Carbamodithioic acid, 1,2-
ethanediylbis-, manganese
complex]
Manganese
Melamine
Mercury
Methanol
Methoxychlor [Benzene, l,l'-(2,2,2-
trichloroethylidene)bis
[4-methoxy-]
2-Methoxyethanol
Methyl acrylate
Methyl tert-butyl ether
4,4'-Methylenebis(2-chloro aniline)
(MBOCA)
4,4'-MethyIenebis(N,N-dimethyl)
benzenarnine
Methylenebis(phenylisocyanate) (MBI)
Methylene bromide
4,4'-Methylenedianiline
Methyl ethyl ketone
Methyl hydrazine
Methyl iodide
Methyl isobutyl ketone
Methyl isocyanate
Methyl methacrylate
Michler's ketone
Molybdenum trioxide
Mustard gas [Ethane, l,l'-thiobis
[2-chloro-]
Naphthalene
alpha-Naphthylamine
beta-Naphthylamine
Nickel
Nitric acid
Nitrilotriacetic acid
5-Nitro-o-anisidine
Nitrobenzene
4-Nitrobiphenyl
Nitrofen [Benzene, 2,4-dichloro-
l-(4-nitrophenoxy)-]
Nitrogen mustard [2-Chloro-N-(2-
chloroethyl) -N-
methylethanamine]
Nitroglycerin
2-Nitrophenol
4-Nitrophenol
2-Nitropropane
p_-Nitrosodiphenylamine
N,N-Dimethylaniline
N-Nitrosodi-n-butylamine
N-Nitrosodiethylamine
N-Nitroaodimethylamine
N-Nitrosodiphenylamine
N-Nitrosodi-n-propiylamine
N-Nitrosomethylviivylamine
N-Nitrosomorpholine
-------
759-73-9 N-Nitroso-N-ethylurea
684-93-6 N-Nitroso-N-methylurea
16543-55-8 N-Nitroionornicotine
100-75-4 Ji-Nitro»opiperidine
2234-13-1 Octachloronaphthalene
20816-12-0 Oimium tetroxide
56-38-2 Parathion [Phosphorothioic acid, 0,
0-diethyl-0-(4-nitrophenyl)
ester]
87-86-5 Pentachlorophenol (POP)
79-21-0 Peracetic acid
108-95-2 Phenol
106-50-3 g-Phenylenediamine
90-43-7 2-Phenylphenol
75-44-5 Phosgene
7664-38-2 Phosphoric acid
7723-14-0 Phosphorus (yellow or white)
85-44-9 Phthalic anhydride
88-89-1 Picric acid
1336-36-3 Polychlorinated biphenyls (PCBs)
1120-71-4 Propane sultone
57-57-8 beta-Propiolactone
123-38-6 Propionaldehyde
114-26-1 Propoxur [Phenol, 2-(l-methylethoxy)-,
methylcarbamate]
115-07-1 Propylene (Propene)
75-55-8 Propyleneimine
75-56-9 Propylene oxide
110-86-1 Pyridine
91-22-5 Quinoline
106-51-4 Quinone
82-68-8 Quintozene [Pentachloronitrobenzene]
81-07-2 Saccharin (manufacturing, no supplier
notification) [1,2-
Benzisothiazol -3(2H)-one,
1,1-dioxide]
94-59-7 Safrole
7782-49-2 Selenium
7440-22-4 Silver
1310-73-2 Sodium hydroxide (solution)
7757-82-6 Sodium sulfate (solution)
100-42-5 Styrene
96-09-3 Styrene oxide
7664-93-9 Sulfuric acid
100-21-0 Terephthalic acid
79-34-5 1,1,2,2-Tetrachlroethane
127-18-4 Tetrachloroethylene (Perchloroethylene)
961-11-5 Tetrachlorvinphos [Phosphoric acid, 2-
chloro-1- (2,3,5-
trichlorophenyl)ethenyl
dimethyl ester]
7440-28-0 Thallium
62-55-5 Thioacetamide
139-65-1 4,4'-Thiodianiline
62-56-6 Thiourea
1314-20-1 Thorium dioxide
13463-67-7 Titanium dioxide
7550-45-0 Titanium tetrachloride
108-88-3 Toluene
584-84-9 Toluene-2,4-diisocy anate
91-08-7 Toluene-2,6-diisocyanate
95-53-4 o-Toluidine
636-21-5 o-Toluidine hydrochloride
8001-35-2 Toxaphene
68-76-8 Triaziquone [2,5-Cyclohexadiene-l,4-
dione, 2,3,5-tris(l-
aziridinyl)-]
52-68-6 Trichlorfon [Phosphonic acid, (2,2,2-
trichloro-1-hydroxyethyl)-,
dimethyl ester]
120-82-1 1,2,4-Trichlorobenzene
71-55-6 1,1,1-Trichloroethane (Methyl
chloroform)
79-00-5 1,1,2-Trichloroethane
79-01-6 Trichloroethylene
95-95-4 2,4,5-Trichlorophenol
88-06-2 2,4,6-Trichlorophenol
1582-09-8 Trifluralin [Benieneamine, 2,6-
dinitro-N,N-dipropyl-4-
(trifluoromethyl) -]
95-63-6 1,2,4-Trimethylbentene
126-72-7 Tris(2,3-dibromopropyl) phosphate
51-79-6 Urethane (Ethyl carbamate)
7440-62-2 Vanadium (fume or dust)
108-05-4 Vinyl acetate
593-60-2 Vinyl bromide
75-01-4 Vinyl chloride
75-35-4 Vinylidene chloride
1330-20-7 Xylene (mixed isomers)
108-38-3 m-Xylene
95-47-6 o-Xylene
106-42-3 E-Xylene
87-62-7 2,6-Xylidine
7440-66-6 Zinc (fume or dust)
12122-67-7 Zineb [Carbamodithioic acid, 1,2-
ethanediylbis-, cine complex]
b. List By CAS NumbeKEf f ective Date
January 1,1987)
CAS Number Chemical Name
50-00-0 Formaldehyde
51-28-5 2,4-Dinitrophenol
51-75-2 Nitrogen mustard [2-Chloro-N-(2-
chloroethyl) -N-methy lanamine]
51-79-6 Urethane (Ethyl carbamate)
52-68-6 Trichlorfon [Phosphonic acid, (2,2,2-
trichloro-1-hydroxyethyl)-
dimethyl ester]
53-96-3 2-Acetylaminofluorene
55-18-5 N-Nitrosodiethylamine
55-21-0 Benzamide
55-63-0 Nitroglycerin
56-23-5 Carbon tetrachloride
56-38-2 Parathion [Phosphorothioic acid, O,O-
diethyl-O-(4-nitrophenyl)
ester]
57-14-7 1,1-Dimethyl hydrazine
57-57-8 beta-Propiolactone
57-74-9 Chlordane [4,7-Methanoindan,
1,2,4,5,6,7,8,8- octachloro-
2,3,3a,4,7,7a-hexahydro-]
58-89-9 Lindane [Cyclohexane, 1,2,3,4,5,6-
hexachloro-,(l. alpha.,
2.alpha.,3.beta.,
4.alpha.,5.alpha.,6.beta.)-J
59-89-2 N-Nitrosomorpholine
60-09-3 4-Aminoaeobenzene
60-11-7 4-Dimethylaminoazobenzene
60-34-4 Methyl hydrazine
60-35-5 Acetamide
62-53-3 Aniline
62-55-5 Thioacetamide
62-56-6 Thiourea
62-73-7 Dichlorvos [Phosphoric acid, 2,2-
dichloroethenyl dimethyl ester]
62-75-9 N-Nitrosodimethylamine
63-25-2 Carbaryl [l-Naphthalenol,
methylcarbamate]
64-67-5 Diethyl sulfate
67-56-1 Methanol
67-63-0 Isopropyl alcohol(manufacturing-strong
acid process, no supplier
notification)
67-64-1 Acetone
67-66-3 Chloroform
67-72-1 Hexachloroethane
-------
68-76-8 Triaziquone [2,5-Cyclohexadiene-l,4-
dione, 2,3,5-tris(l-
aziridinyl)-]
71-36-3 n-Butyl alcohol
71-43-2 Benzene
71-55-6 1,1,1-Trichloroethane (Methyl
chloroform)
72-43-5 Methoxychlor [Benzene, l,l'-(2,2,2-
trichloroethylidene)bis
[4-methoxy-]
74-83-9 Bromomethane (Methyl bromide)
74-85-1 Ethylene
74-87-3 Chloromethane (Methyl chloride)
74-88-4 Methyl iodide
74-90-8 Hydrogen cyanide
74-95-3 Methylene bromide
75-00-3 Chloroethane (Ethyl chloride)
75-01-4 Vinyl chloride
75-05-8 Acetonitrile
75-07-0 Acetaldehyde
75-09-2 Dichloromethane (Methylene chloride)
75-15-0 Carbon disulfide
75-21-8 Ethylene oxide
75-25-2 Bromoform (Tribromomethane)
75-27-4 Dichlorobromomethane
75-35-4 Vinylidene chloride
75-44-5 Phosgene
75-55-8 Propyleneimine
75-56-9 Propylene oxide
75-65-0 tert-Butyl alcohol
76-13-1 Freon 113 [Ethane, 1,1,2-trichloro-
1,2,2-trifluoro-j
76-44-8 Heptachlor [1,4,5,6,7,8,8-Heptachloro-
3a,4,7,7a-tetrahydro-
4,7-methano-lH-indene]
77-47-4 Hexachlorocyclopentadiene
77-78-1 Dimethyl sulfate
78-84-2 Isobutyraldehyde
78-87-5 1,2-Dichloropropane
78-92-2 sec-Butyl alcohol
78-93-3 Methyl ethyl ketone
79-00-5 1,1,2-Trichloroethane
79-01-6 Trichloroethylene
79-06-1 Acrylamide
79-10-7 Acrylic acid
79-11-8 Chloroacetic acid
79-21-0 Peracetic acid
79-34-5 1,1,2,2-Tetrachloroethane
79-44-7 Dimethylcarbamyl chloride
79-46-9 2-Nitropropane
80-05-7 4,4'-Isopropylidenediphenol
80-15-9 Cumene hydroperoxide
80-62-6 Methyl methacrylate
81-07-2 Saccharin (manufacturing, no supplier
notification) [1,2-
Benzisothiazol-
3(2H)-one, 1,1-dioxide]
81-88-9 C.I. Food Red 15
82-28-0 l-Amino-2-methylanthraquinone
82-68-8 Quintozene [Pentachloronitrobenzene]
84-66-2 Diethyl phthalate
84-74-2 Dibutyl phthalate
85-44-9 Phthalic anhydride
85-68-7 Butyl benzyl phthalate
86-30-6 N-Nitrosodiphenylamine
87-62-7 2,6-Xylidine
87-68-3 Hexachloro-l,3-butadiene
87-86-5 Pentachlorophenol (PCP)
88-06-2 2,4,6-Trichlorophenol
88-75-5 2-Nitrophenol
88-89-1 Picric acid
90-04-0 o-Anisidine
90-43-7 2~-PhenylphenoI
90-94-8 Michler's ketone
91-08-7 Toluene-2,6-diisocyanate
91-20-3
91-22-5
91-59-8
91-94-1
92-52-4
92-67-1
92-87-5
92-93-3
94-36-0
94-59-7
94-75-7
95-47-6
95-48-7
95-50-1
95-53-4
95-63-6
95-80-7
95-95-4
96-09-3
96-12-8
96-33-3
96-45-7
97-56-3
98-07-7
98-82-8
98-87-3
98-88-4
98-95-3
99-59-2
100-02-7
100-21-0
100-41-4
100-42-5
100-44-7
100-75-4
101-14-4
101-61-1
101-68-8
101-77-9
101-80-4
103-23-1
104-94-9
105-67-9
106-42-3
106-44-5
106-46-7
106-50-3
106-51-4
106-88-7
106-89-8
106-93-4
106-99-0
107-02-8
107-05-1
107-06-2
107-13-1
107-21-1
107-30-2
108-05-4
108-10-1
108-31-6
108-38-3
108-39-4
108-60-1
108-78-1
108-88-3
108-90-7
108-95-2
109-86-4
110-80-5
Naphthalene
Quinoline
beta-Naphthylamine
3,3'-Dichlorobenzidine
Biphenyl
4-Aminobiphenyl
Benzidine
4-Nitrobiphenyl
Benzoyl peroxide
Safrole
2,4-D [Acetic acid, (2,4-
dichlorophenoxy)-]
o-Xylene
1,2-Dichlorobenuene
o-Toluidine
1,2,4-Trimethylbenzene
2,4-Diaminotoluene
2,4,5-Trichlorophenol
Styrene oxide
l,2-Dibromo-3-chloropropane (DBCP)
Methyl acrylate
Ethylene thiourea
C.I. Solvent Yellow 3
Benzoic trichloride (Benzotrichloride)
Cumene
Benzal chloride
Benzoyl chloride
Nitrobenzene
5-Nitro-o-anisidine
4-Nitrophenol
Terephthalic acid
Ethylbenzene
Styrene
Benzyl chloride
N-Nitrosopiperidine
4,4'-Methylenebis(2-chloroaniline)
(MBOCA)
4,4'-Methylenebis(N,N-dimethyl)
benzenamine
Methylenebia(phenylisocyanate) (MBI)
4,4'-Methylenedianiline
4,4'-Diaminodiphenyl ether
Bis(2-ethylhexyl) adipate
e-Anisidine
2,4-Dimethylphenol
E-Xylene
E-Cresol
1,4-Dichlorobenzene
E-Phenylenediamine
Quinone
1,2-Butylene oxide
Epichlorohydrin
1,2-Dibromoethane (Ethylene
dibromide)
1,3-Butadiene
Acrolein
Ally! chloride
1,2-Dichloroethane (Ethylene
dichloride)
Acrylonitrile
Ethylene glycol
Chloromethyl methyl ether
Vinyl acetate
Methyl isobutyl ketone
Maleic anhydride
m-Xylene
m-Cresol
Bis(2-chloro-l-methylethyl) ether
Melamine
Toluene
Chlorobenzene
Phenol
2-Methoxyethanol
2-Ethoxyethanol
-------
110-82-7 Cyclohexane 684-84-9
110-86-1 Pyridine 593-60-2
111-42-2 Diethanolamine 606-20-2
111-44-4 Bif(Z-chloroethyl) ether 615-05-4
114-26-1 Propoxur [Phenol, 2-(l-methylethoxy)-, 621-64-7
methylcarbamate] 624-83-9
115-07-1 Propylene (Propene) 636-21-5
115-32-2 Dicofol [Bencenemethanol, 4-chloro- 680-31-9
.alpha.-(4-chlorophenyl)- 684-93-5
.alpha.-(trichloromethyl)-] 759-73-9
117-79-3 2-Aminoanthraquinone 842-07-9
117-81-7 Di(2-ethylhexyl) phthalate (DEHP) 924-16-3
117-64-0 n-Dioctyl phthalate 961-11-5
118-74-1 Hexachlorobenzene
119-90-4 3,3'-Dimethoxybeniidine
119-93-7 3,3'-Dimethylbenzidine (o-Tolidine)
120-12-7 Anthracene 989-38-8
120-71-8 B-Cresidine 1120-71-4
120-80-9 Catechol 1163-19-5
120-82-1 1,2,4-Trichlorobenzene 1310-73-2
120-83-2 2,4-Dichlorophenol 1313-27-5
121-14-2 2,4-Dinitrotoluene 1314-20-1
121-69-7 N,N-Dimethylaniline 1319-77-3
122-66-7 1,2-Diphenylhydrazine 1330-20-7
(Hydrazobenzene) 1332-21-4
123-31-9 Hydroquinone 1335-87-1
123-38-6 Propionaldehyde 1336-36-3
123-72-8 Butyraldehyde 1344-28-1
123-91-1 1,4-Dioxane 1464-53-5
126-72-7 Tris(2,3-dibromopropyl) phosphate 1582-09-8
126-99-8 Chloroprene
127-18-4 Tetrachloroethylene
(Perchloroethylene) 1634-04-4
128-66-5 C.I. Vat Yellow 4 1836-75-5
131-11-3 Dimethyl phthalate
132-64-9 Dibenzofuran 1897-45-6
133-06-2 Captan [lH-Isoindole-l,3(2H)-dione,
3a,4,7,7a-tetrahydro-2- 1937-37-7
[(trichloromethyl)thio)-] 2164-17-2
133-90-4 Chloramben [Benzole acid, 3-amino-
2,5-dichloro-] 2234-13-1
134-29-2 o-Anisidine hydrochloride 2303-16-4
134-32-7 alpha-Naphthylamine
135-20-6 Cupferron [Benzeneamine, N-hydroxy-N-
nitroso, ammonium salt] 2602-46-2
139-13-9 Nitrilotriacetic acid 2650-18-2
139-65-1 4,4'-Thiodianiline 2832-40-8
140-88-5 Ethyl acrylate 3118-97-6
141-32-2 Butyl acrylate 3761-53-3
151-56-4 Ethyleneimine (Aziridine) 3844-45-9
156-10-5 g-Nitrosodiphenylamine 4549-40-0
166-62-7 Calcium cyanamide 4680-78-8
302-01-2 Hydrazine 6484-52-2
309-00-2 Aldrin [l,4:5,8-DimethanonaphthaIene, 7429-90-5
1,2,3,4,10,10-hexachloro-l,4,4a, 7439-92-1
5,8,8a-hexahydro-(l.alpha., 7439-96-5
4.alpha.,4a.beta.,5.alpha., 7439-97-6
8.alpha.,8a.beta.)-] 7440-02-0
334-88-3 Oiazomethane 7440-22-4
463-58-1 Carbonyl sulfide 7440-28-0
492-80-8 C.I. Solvent Yellow 34 (Aurimine) 7440-36-0
505-60-2 Mustard gas [Ethane.l.l'-thiobis 7440-38-2
[2-chloro-J 7440-39-3
510-15-6 Chlorobenzilate [Benzeneacetic acid, 7440-41-7
4-chloro-.alpha.-(4- 7440-43-9
chlorophenyl)-.alpha.- 7440-47-3
hydroxy-.ehtyl ester] 7440-48-4
532-27-4 2-Chloroacetophenone 7440-50-8
534-52-1 4,6-Dinitro-o-cresol 7440-62-2
540-59-0 1,2-Dichloroethylene 7440-66-6
541-41-3 Ethyl chloroformate 7550-45-0
541-73-1 1,3-Dichlorobenzene 7647-01-0
542-75-6 1,3-Dichloropropylene 7664-38-2
542-88-1 Bis(chloromethyl) ether 7664-39-3
569-64-2 C.I. Basic Green 4 7664-41-7
Toluene-2,4-diisocyanate
Vinyl bromide
2,6-Dinitrotoluene
2,4-Diaminoanisole
N-Nitrosodi-n-propylamine
Methyl isocyanate
o-Toluidine hydrochloride
Hexamethylphosphoramide
N-Nitroso-N-methylurea
N-Nitroso-N-ethylurea
C.I. Solvent Yellow 14
N-Nitrosodi-n-butylamine
Tetrachlorvinphos [Phosphoric acid,
2-chloro-l- (2,3,5-
trichlorophenyl)ethenyl
dimethyl ester]
C.I. Basic Red 1
Propane sultone
Decabromodiphenyl oxide
Sodium hydroxide (solution)
Molybdenum trioxide
Thorium dioxide
Cresol (mixed isomers)
Xylene (mixed isomers)
Asbestos (friable)
Hexachloronaphthalene
Polychlorinated biphenyls (PCBs)
Aluminum oxide
Diepoxy butane
Trifluralin [Benzeneamine, 2,6-
dinitro-N,N-dipropyl-4-
(trifluoromethyl) -]
Methyl tert-butyl ether
Nitrofen [Benzene, 2,4-dichloro-
1- (4-nitrophenoxy) -]
Chlorothalonil [1,3-Benzenedicar-
bonitrile, 2,4,5,6-tetrachloro-
C.I. Direct Black 38
Fluometuron [Urea, N,N-dimethyl-N'-
[3-(trifluoromethyl)phenyl]-]
Oct achloronaphthalene
Diallate [Carbamothioc acid, bis
(1-methylethyl)-, S-(2,3-
dichloro-2-propenyl) ester]
C.I. Direct Blue 6
C.I. Acid Blue 9, diammonium salt
C.I. Disperse Yellow 3
C.I. Solvent Orange 7
C.I. Food Red 5
C.I. Acid Blue 9, diaodium salt
N-Nitrosomethylvinylamine
C.I. Acid Green 3
Ammonium nitrate (solution)
Aluminum (fume or dust)
Lead
Manganese
Mercury
Nickel
Silver
Thallium
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Copper
Vanadium (fume or dust)
Zinc (fume or dust)
Titanium tetrachloride
Hydrochloric acid
Phosphoric acid
Hydrogen fluoride
Ammonia
-------
7664-93-9 Sulfuric acid
7697-37-2 Nitric acid
7723-14-0 Phosphorus (yellow or white)
7757-82-6 Sodium sulfate (solution)
7782-49-2 Selenium
7782-50-5 Chlorine
7783-20-2 Ammonium sulfate (solution)
8001-36-2 Toxaphene
10034-93-2 Hydraiine sulfate
10049-04-4 Chlorine dioxide
12122-67-7 Zineb [Carbamodithioic acid, 1,2-
ethanediylbis-, zinc complex]
12427-38-2 Maneb [Carbamodithioic acid, 1,2-
ethanediylbis-, manganese
complex]
13463-67-7 Titanium dioxide
16071-86-6 C.I Direct Brown 95
16543-55-8 N-Nitrosonornicotine
20816-12-0 Osmium tetroxide
25321-22-6 Dichlorobenzene (mixed isomers)
25376-45-8 Diaminotoluene (mixed isomers)
39156-41-7 2,4-Diaminoanisole sulfate
c. Chemical Categories (Effective Date
January 1,1987)
Antimony Compounds - Includes any unique chemical
substance that contains antimony as part of that
chemical's infrastructure.
Arsenic Compounds - Includes any unique chemical
substance that contains arsenic as part of that
chemical's infrastructure.
Barium Compounds - Includes any unique chemical
substance that contains barium as part of that
chemical's infrastructure.
Beryllium Compounds - Includes any unique chemical
substance that contains beryllium as part of that
chemical's infrastructure.
Cadmium Compounds - Includes any unique chemical
substance that contains cadmium as part of that
chemical's infrastructure.
Chlorophenols -
where x = 1 to 5
Chromium Compounds - Includes any unique chemical
substance that contains chromium as part of that
chemical's infrastructure.
Cobalt Compounds - Includes any unique chemical
substance that contains cobalt as part of that
chemical's infrastructure.
Copper Compounds - Includes any unique chemical
substance that contains copper as part of that
chemical's infrastructure.
Cyanide Compounds - X* CN" where X = H"1" or any
other group where a formal dissociation can be
made. For example KCN or Ca(CN)2.
Glycol Ethers - Includes mono- and di- ethers of
ethylene glycol, diethylene glycol, and triethylene
glycol.
R-(OCH2CH2)n-OR'
Where n = 1,2,or 3
R = alkyl or aryl groups
R'= R, H, or groups which, when
removed, yield glycol ethers with the
structure:
R-(OCH2CIŁ-OH
Polymers are excluded from this category.
Lead Compounds - Includes any unique chemical
substance that contains lead as part of that chemical's
infrastructure.
Manganese Compounds - Includes any unique chemical
substance that contains manganese as part of that
chemical's infrastructure.
Mercury Compounds - Includes any unique chemical
substance that contains mercury as part of that
chemical's infrastructure.
Nickel Compounda - Includes any unique chemical
substance that contains nickel as part of that
chemical's infrastructure.
Polybrominated Biphenvls (PBBs)
"no-xi
where x = 1 to 10
Selenium Compounds - Includes any unique chemical
substance that contains selenium as part of that
chemical's infrastructure.
Silver Compounds - Includes Evny unique chemical
substance that contains silver as part of that
chemical's infrastructure.
Thallium Compounds - Includes any unique chemical
substance that contains thallium as part of that
chemical's infrastructure.
Zinc Compounds - Includes any unique chemical
substance that contains zinc as part of that
chemical's infrastructure.
U.S.GOVERNMENT PRINTING 0FFI CEI I 988 -51 6-002/80047
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