Document 0q0wKn1dpO1ywn8vpdZpGZX0b

Tuesday February 16, 1988 0p OO `u"VJ- r' ^' Part II Environmental Protection Agency 40 CFP Part 372 Toxic Chemical Release Reporting; Community RJght-to-know; Final Rule HCC 69A 92026 4500 Federal Register / Vol. S3. No. 30 / Tuesday. February 16. 1383 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 IOPTS-M0002A.- FHL 3298-21 Toxic Chemical Release Reporting; Community Right-to-know agency: Environmental Protection Agency (EPA). action: Final rule. summary: Thii rule contains the uniform toxic chemical release reporting form as required by section 313 of Title III of the Superfund Amendments and Reauthonzation 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. 198a FOR FURTHER INFORMATION CONTACT: Sam K. SasnetL Deputy Project 'Coordinator (TS-779). Emergency planning and Community Right-lo-Know Hotline. Environmental Protection Agency. Room. WH S62A. 401 M Street. SW. (Washington. DC 20480. (HOO-53S0202). In Washington. DC and Alaska. 202-179-2449). supplementary information: I. Authority The Agency is promulgating this rule oursuanl tu sections 313 and 328 of Title 111 of the Superfund Amendments and Reauthonzation Act of 1986. Pub. L 99499 142 lf.SC 11013 and IT028). Title HI is also tilled "The Emergency Planning and Community Right-To-Know Act of 1986." Section 313 of Tide HI 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 til. II. Background A. Regulatory History and Summary of Public Participation On October 17.1986. the President signed into law the Superfund .mendments and Reauthonzation 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 HI of SARA i a bee-standing statute (not pert of CERCLA) that is titled "The Emergency Planning and Community Right-To-Know Act of 1966." In genera). Title in 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 IU of SARA. Section 313 requires owners end operators of certain facilities that manufacture, process, or otherwise use a listed chemical to report annually their releases of such chemicals to any environmental medium. The reports are to be segt to both EPA and the State m which the facility is locatesL The baste 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 |une 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 in Washington. DC. Chicago. U. and San Francisco. CA. Attendees at these meetings presented oral comments representative of wide range of interests including the affecied 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 panic*. 8. Overview of Final Rule Requirements The reporting requirements of this rule spply to owners and operators of covered facilities that manufacture, procesa. 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 ut comprised of multiple establishments, facility coverage is based on a relative companion of the value of products shipped and/or produced at 20 through 3S 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 ofT-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 far 1989 and thereafter. For toxic chemicals otherwise used tile threshold is 10.000 pounds per yitnr for ell years. Reports must be submitted annually on or before (uly 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 front the list may result from petitions or EPA's own review of the list. Any such changes will be by notice and comment rulemaking, and EPA will identify the reporting years which (hey apply. Mixtures and trade name.products imported, processed, or used at a facility mast be evaluated for the presence uf listed toxic chemicals. However, EPA bas applied a tie minimis concentration limitation of 1 percent (or 0.1 percent if the chemical is a carcinogen) consislenl with the Occupational Safety and Health Administration (OSHA) Hazard Communications Standard (HCS) in 29 CFR 1910.IZ00. Toxic chemicals present in concentrations below the de minimis limit do not have to be factored inio threshold and release reporting calculations. In relation to reporting on mixtures. H>A 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 tie minimis limit as described above also applies to this requirement. The supplier notification requirement takes effect with the first product shipment in 1989. HCC 69A 92027 Federal Register / Vol. S3. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4301 Certain definitions have been ncdifed. The definition of "article" has .een revised to more closely parallel the OSHA HCS article definition. In iiddition. article processing or use is exempt from threshold end release determmations 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 eboverefererced de minimis limilaticm. This de m s limitation does not apply to ihe byproducts produced coincidentally os a result of manufacturing, processing, use. waste treatment, or disposal. EPA has atiempted lo 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 nonincorpcrative activities. A new part of the rule it 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 laboralnnes from threshold nd release determinations. There are a number of specific changes from the proposed rule in Form R. ihe Toxic Chemical Release Inventory Reporting Form. The form is more modular in design in order to reduce Ihe frequency of the same information having to be filled in for each chemicalspccific submission. Other specific changes are as follows: 1. The certification statement (Part L 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 III Section 1) one change n (he reporting requirements affects the generic chemical identity to be provided in esses where the specific chemical identity is claimed trade secret. The respondent is to develop its own generic chemical name rather than using a predefined genetic name as EPA bad oroposed. The generic name is 10 be iructurally descriptive of the chemical. Reporting may also be based on a genencatly identified mixture or trade name product component (See Part Hi. Section 2 of the form.] This reporting would occur in cases where a user has information that a geneiicalty identified component of a mixture or trade name product is e section 313 chemical that, by itself, exceeds a threshold but the user does not know the specific identity. 4. The release reporting jection of the form (Part Uf Section 3) contains several modifications. As mentioned above. Cor calendar years 1937.1983. and 1989. faciliues 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 (hat 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 111. Section Bj. h 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 secnon he* 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). III. 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 s 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 facibly 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, aommentera stated that the definition of a facility is the whole cullection of buildings, not parts thereof. Second, they argued that SIC codes are used :o 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 in section 313(b|(l)(B) end (b)(2). with substantial sector-by-sector justification to warrant increased reporting on nonmanufacturing sectors. The SIC code system was developed to calssify establishments by type uf 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 role. A "facility" is defined as all buildings, equipment, structures, and other stationary items which are located on e single site or adjacent contiguoua sites owned ur operated by tbe same person. Therefore, a facility can ue 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 me 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 lor 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 a the same as the facility. Where an establishment is the same is a faalily. given that the other eligibility criteria ere met. and the establishment's primary SIC code is in 20 through 39. the facility is covered for purposes of reporting. Because there is HCC 69A 92028 4502 Federal Register / VoL 53. No. 30 / Tuesday. February 18. 1980 / Rules and Regulations no distinction between the establishment and the facility, reporting of releases from the facility is straightforward. 2. 77ie facility is comprised of two or more establishments, all of which have a prtmary SIC code of20 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 oftwo or more establishments, one or more of which hove a primary SIC code of20 through 39 For multi-establishment facilities when one or more of the establishments' primary SIC codes ere 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 SO percent of the total value of products shipped horn 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 lfi. Department of Commerce. Bureau of the Census, for the Annual Census of Manufacturers (Form MA-iooo) 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 far. even from individual establishments in the facility that fail 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 e 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 multiestablishment 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 B.OOO 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 (Ue 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 multiestablishment 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 tame 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 esch 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 s toxic chemical is HCC 69A 92029 Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1986 / Rules and Regulations 4303 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 un which that same person operators one or more additional establishments. Section 329(4) of Title HI defines "facility" to include "a single site or * * * contiguous or adjacent sites ' ' ' which are owned or operated by the same person * * V Thus in this situation the `facility" would be the total site including the land owned by the person and the adjacent land leased iy the person. To make the SIC code determinations and reporting threshold determinations, the person is required to consider the activities at all the cslablishments 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. -I uxiliary Facilities--Laboratory Activity Exemption Commenlers 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 lied to manufacturing establishments are given a manufacturing SIC code. Commenters argued that the statute .id not contemplate including establishments that do not engage in manufacturing. They slated 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 chemical activities and the level of such activities to determine if it must report. It ts 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 auxdiary 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 IU. and the OSHA HCS. The exemption does not apply to specialty chemical production or pilot plant scale operations. The Agency believes thst this exemption provides a consistent and necessary reduction in the reporting burden. For example a stand-alone laboratory is classified in SIC codes 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 ur 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. O. The Rule Contains no Modification of Facility Coverage EPA has discretionary authority to modify the coverage of facilities under section 313(b)(1)(B). The report of the congressional conference committee for Title HI 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 scss. 292-- hereafter referred to as the conference report.| The conference report further states that section 313(bl(1)(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)(1)(B) to include other facilities. These commenters noted that other kinds uf 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 lo see added. They include; HCC 69A 92030 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 launderera. 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 biend fertilizer products for sale at tha retail level, it is also possible that certain manufacturing operations, for example those that conduct simple article ssembly. 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 ho purpose to continue to include ihem 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 pert of this analysis EPA will also look at the concept of value of products shipped and/or produced from esignated 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 snd/or produced. The value-added approach may create less distortion and duplication when comparing the contribution by individual establishments Tor purposes of the overall facility coverage determination. However, value-added information may be lesa 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 approtch affects overall facility coverage. IV. Definitional Issues A. Definition ofManufacture 1. Coincidentalproduction 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 tt exceeded the statutory authority of Title IILThey also stated that having to make such determinations would require expensive, detailed monitonng that most facilities do not do sad 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) steles that "|t]he 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 01 that Congress intended to exclude toxic chemicals produced coincidentally. Accordingly. EPA believes that such production is included 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 Unil VI) would apply to the presence of impurities crested 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 concentre lions that exceed the de minimis level, end. 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 (hat 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 whicb 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 end how to make a precentage determination. For example, there may be various paints in s treatment process at which a percentage determination could be taken. Aiso. 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 e total annual mass quantity for such coincidental production during ase 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. HCC 69A 92031 Federal Register / Vut. 53. No. 30 / Tuesday, February 16. 1988 / Rul^s and Regulations 4502 end reasonable judgment on the part of the facility's management. No further monitoring or analysts of production, process, use. or disposal streams is required, consistent with section 311 2- Import of toxic chemicals. Section 313(b)(1)(c) defines "manufacture" to include unport. Thus the owner or operator of a facility that manufactures or imports a tome chemical is potentially subject to the reporting and supplier notification 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 define.s an importer as a person who imports a chemical into the customs territory of the United Stales 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 t'J CFR 141.20. and the transferee, if the right lo 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. Civen 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. Fur 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. CPA 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. i.e. the person who intends that it be imported and controls the identity of the chertirai 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 in 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 chemical 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 wat to be imported. In most cases, determining whether a facility caused the import of s 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, tn 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 cno company to contract with another company to produce e chemical exclusively for it This may be done to use available production facilitca. to taka 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 hat 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 (o apply only lo a facility that actually produces a toxic ckemicaL Thus, in e 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 eubject 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. 0. Clarifications Regarding Process and Othenvise 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 "otherwise 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 tha differences between processing and use activities. Still other commenters recommended that certain uses be exempted from the final rule reporting requirements. t. Clarification of the terms "process " and "otherwise 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. HCC 69A 92032 4306 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1986 / Rules and Regulations a. Processing is an ineorporotive 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 stcte 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 purl ef 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 nonmecrporative activity. ERA is iterpreting otherwise using a covered .oxic 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 auch as cleaners, degreasers, or fuels. 2. Comments relating to CPA '$ interpretive distinction between process and use. One commenter disagreed with EPA's interpretation that a noninccrporative 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 staled that a catalyst should not be classified as a processing aid (Lc. otherwise used) because it participates t a reaction. EPA disagrees with these imments on the grounds that it if neceasary end appropriate to distinguish processing from otherwise using based on the thrust of the process definition (i.e.. whether the toxic chemical in question becomes pert uf some product distributed in commerce). Another commenter raised the example of e painl that is applied 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 (he pigments, would be "processed" because they are incorporated into the article. Therefore, those mixture components would be subject to reporting bused on the process threshold. 3. Exemptions ofcertain uses. Several commentere staled that the proposed definition of otherwise use was too broad. They staled 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 ia appropriate to place some limitations on the definition of "otherwise use." EPA hss developed {{ 3~2J6 of the rule) a listing of certain exempt uses of toxic chemicals at 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 st tht facility of foods, drugs, cosmetics, or other personal llama containing toxic chemicals, including supplies of such products within the facility such as in s 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 tcxic 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 sir ores pert of combustion. (6| Use of articles. C. Full- Time Employee One commenter requested that ETA define what it 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 33 hours or more per week, persons who worked 1 to 34 hours for non-econom:c reasons and usually work full-time, ar.ri persons with a job but not at work who usually work full-time. The Bureau of tabor Statistics has a very similar definition. Their definition does not include contract employees. The abo\c two definitions are used in surveys conducted as of a particular week, not for an entire year. EPA considered two factors in Ihe development of the employee threshold determination. First the definition should reasonably apply to the annual basis of the reporting. Many facilities may hive 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, lull-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 end 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 ia 2X00 hours. The number of payroll hours for the year would be divided by 2X00 to determine the equivalent number or full-time employees. Fourth, fuii-time employee HCC 69A 92033 Federal Register / Vol. 53. Nr>. 30 / Tuesday. February 16. 1933 / Rules and Regulations 4307 r uu-its could be determined by an average of the quarterly maximum cumber of full-time employees for the calendar year. This option would be the most burdensome to calculate. EPA decided to define full-time 'mployrc cn the basis of a full-time equivalent calculation. Total annual hours worked by all employees, including contract employees, at the I 'cility is divided by 2.000. In this way. a I iciliiv is able to make an easy ib-tcrmination of whether it equals or ** -ceeds 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 ni employ ment. U. Definition ofArticle and Article II xemption 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 it the same definition used in regulations under TSCA. One coounenter asserted that the definition of article that appears m the OSHA HCS should be substituted for I he proposed article definition. The commenter contended that the OSHA article definition is more appropriate for section 313 because the language in the l itter 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 t ie Title III sections 311 and 312 rule (32 FR 38344). The instructions for the xectuns 311 and 312 reporting forms incorporate exemption language from the OSHA HCS. part of which is the exemption of articles. The article definition in the proposed mle read as follows: "Article" means a manufactured item w htch is iormed (o a specific shape or design ilunns manufacture, which has end use C im mmtM dependent in whole or in part upon its shape or design during end use. and has either no change in chemical composition ilun-g Ms end use or only those changes of I'ampnsiuon which have no commercial purpose separate from that of the article, or ri-suli mixtures or articles, except that fluida md pa'lu Ins are not considered articles r. e.ii dh*ss of shape or design. The article d-f.aii.nn in Ihe OSI L\ HCS reads as follows: Article " ir tans e manufactured Mem: (it Which is form'd to a specific shape or design during manufacture: fii| which has end use i'inrhnn|s| dependent in whole or in part i-oati us shape or design during end use: end 1 u| which does not release, or otherwise i ascii in exposure 10 a hazardous chemical midur normal conditions of use. The first part of each definition are identical. The latter parts of the definitions differ significantly. The i ommenter pointed oul that the OSHA 1 ICS 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 1 ICS article definition for use in this rule. EPA has determined that it agrees with the commenter and has adopted the OSKA HCS article definition with some modifications because il is more appropriate for section 313 purposes than the TSCA definition. The TSCA article definition is worded primarily lo 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 i-nd use would not release or cause exposure to "hazardous chemical" in '.he article. The revised article definition in the final rule reads as follows: "Article" means s manufactured item: (I) Which is formed to e specific stupe or d-rsign during manufacture: (it) which he* en * use functions dependent in whole or in pan upon its shape or design during end use and ini) which does not releaea s toxic chemical under normal conditions of processing or use d 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 ur processing of that item. When attempting lo apply thia definition to an item used or processed it a facility, the facility should keep this release factor in mind. For example, under nurmul 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. I low ever, if the only "release" from processing an item is the disposal of -olid scrap (e.g.. pieces of doth or sections of pipe that are recognizable as haunt 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 fadlity disposes of the artide after use. For example, the fadlity uses a battery that contains lead. Lead is not released from the battery during normal use at the fadlity. When the fadlity 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 induded a proposed definition of article but. as i:ertain commenter* pointed out. did not specifically exclude the use or processing of artides. Commentcrs 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 artides. Therefore, such an exemption will reduce the burdeo on industry significantly because fewer materials will have lo 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 (f 372J8). This section exempts artides 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 roie are the thresholds mandated by section 313. The threshold for manufacturing or processing a toxic chemical is 75.000 pounds for 1907.50.000 pounds for 1086. and 25.000 pounds fur 1989 and thereafter. The threshold for otherwise using a toxic chemical is 10.000 pounds for uny 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. HCC 69A 92034 4308 Federal Register / VoL S3. No. 30 / Tuesday, February 36, 1988 / Kulcs and Regulation* A wide range of comments was EPA may consider number of factors received regarding potential for threshold modification including modifications to the thresholds. exposure factors such as population Commenters from environmental and density, the distance of population from public interest groups asserted that covered facilities. and the types of thresholds should be lowered to increese releases. Threshold modifications could release reporting. One commenter staled also take into account the relative that a 10000 pound threshold, over 3 potency of the chemical or class of years should be used rather than a chemicals and the effects of concern. graduated threshold. Commenlera Another type of threshold modification representing the industry asserted that the Agency will Investigate relates to thresholds could be raised without the type of facility, either generally by affecting data quality or reporting size or by type of industry. requirements. Other related comments slated 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 lhe manufacturing or processing of a Ionic 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 -ommenters indicated that toxic effects ould 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 to or fewer employees be removed rather than reducing threshold, amounts for reporting purposes. One commenter proposed an emissions* based approach to exclude smell 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 ami reuse. EPA proposed lhat a threshold determination in connection with on-sile 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. Commentera 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 an 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 lhat the threshold amount recycled should not counl a pound of chemical more than once as it cycles through the activity. After a review of '.he comments. EPA releases of toxic chemicals, regardless has determined that Ihe threshold of the quantity manufactured, processed, determinations should be based on ihe or used. amount of the materia! added to a The final rule contains the statutory recycle/rcuse system during Ihe thresholds present in the proposed rule. reporting year. This would fairly depict EPA does not believe that it has the amount of a chemical "consumed" received in the comments sufficient data during a year in connection with this to support any overall modification of particular use. During stert-up of such a the statutory thresholds. In addition. recycle/reuse operation or in the event EPA did not propose any such change. that the contents of the whole recycle EPA agrees with comments to the effect system had to be replaced, this total that the first few years' date should be system quantity would have to be evaluated to determine whether factored into the facility's threshold modifications of the threshold would determination for that chemical. EPA meet the statutory test of obtaining believes lhat this approach is consistent reporting on a substantial majority of with the objectives of encouraging the releases (i-e_ pounds released per recycle/reuse activities. year) of each chemical from subject 2. Amount brought on site versus facilities. EPA may consider changing amount processed or used. The previous the reporting thresholds based on issue points toward a more general evcral years of data collection, problem of distinguishing whether the evijmg the threshold amount can be threshold must be calculated based on based on specific chemicals, classes of the amount of e chemical brought on site chemicals, or categories of facilities. 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 lfUoo pounds of toluene but actually uses only SL000 pounds during the year. Provided that this is the only use of toluene, the commentera 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 ie 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 ad of importing the chemical lo the facility is within the definition of munufacture. 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 t facility does exceed a threshold, any emissions from amounts of (he chemical in the running inventory (Le. storage) would have to be factored into the emiseions calculations. 3. Exceeding any threshold captures the facility for all releases 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 diet triggers Ihe threshold to be consistent with Congressional intent because Congress set such thresholds to limit the burden on industry and provide Ihe 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, nut as a factor in determining which emissions from the facility must be reported. \1. Mixtures and Trade Name Products The proposed rule radicated 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. 1 lowcver. 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 HCC 69A 92035 Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 19S8 / Rules and Regulations 4509 presence and composition of covered oxic chemicals in mixtures at the icilitv. The proposed instructions for the form also outlined a method for factoring mixtures into the threshold determinations. In addition, the proposal presented EPA's belief that suppliers of mixtures and trade name products have a responsibility to provide their customers with information sufficient for them to comply with the requirements of section 313. EPA requested comment on several options 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 'ssue. .-1. Dr Minimis Concenlroiion Limit A predominant area of comment was the request for some type of de minimis concentration limitation for listed toxic chemicals in 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 de'erminations. In addition, commenters sserted that it would be equally as urdensome for suppliers of these products to have to determine and disclose small percentages of section 313 chemicals in their products beyond that currently required under the OSHA HCS. Most commenters suggested that EPA adopt * de minimis concentration limitation consistent with the OSHA HCS requirement The HCS provides that a supplier does not have to list a "hazardous chemical" component in a mixture if that chemical comprises less ihun 1 percent of the mixture or 0.1 percent where the chemical it a carcinogen (as defined in the HCS). Other commenters suggested de minimis levels ranging from 2 percent to 10 percent. Other related concepts would exempt from consideration solutions containing greater than 75 percent water nr would establish de minimis release standards. Based on the comments received. EPA has determined that it ia reasonable and appropriate to adopt a de minimis concentration limitation for toxic chemical! in mixtures under section 313. EPA believes that it is necessary to provide a de minimis limitation to help reduce the information development burden both on the part of the user and 'he supplier of such products. For the nal rule EPA has adopted a de minimis limitation of 1 percent, or 0.1 percent m the case of an OSHA HCS defined carcinogen. EPA believes that the de minimis level chosen is appropriate fer two reasons. First, it is consistent with existing OSHA HCS requirements for development of N1SDS information and with other requirements under sections 311 and 312 of Title UL Suppliers of products art familiar with these levels and. at least for the first two years of reporting, users of these mixtures are only likely to be able to rely on the product MSDS for information about the content and percentage composition of covered toxic chemicals in these products. Second. EPA does not expect that the processing and use of mixtures containing less than the de minimis concentration would, in must instances, contribute significantly to the threshold determinations or releases of listed toxic chemicals from any given facility. Therefore, any listed toxic chemical that is present in a mixture below these de minimis concentrations does not have to be factored into threshold or release determinations by the facility. This exemption applies to all mixtures cr trade name products imported processed or otherwise used at the facility. EPA defined "mixture" in the final rule to cover combtnanons of chemicals that are mixed together, as well as relatively pure chemicals which have impurities present Thus, if a toxic chemical were present as an impurity with another chemical at a level less than 1 percent or 0.1 percent in the case of a carcinogen, the de minimis exemption would apply, and the person processing or using the toxic chemical impurity would not be required to count the quantity present as an impurity toward the threshold determination. They would also not be required lo consider that quantity when determining releases to the environment The de minimis exemption applies only to the presence of the toxic chemical in the mixture. If a person formulates a mixture by mixing various chemicals together, including a toxic chemical, the person is a processor of the toxic chemical. The person must consider the quantity of the toxic chemical added to the mixture, both for threshold determinations and release reporting, including releases from the formulation activity. However, such a person would not be required to consider releases of the toxic chemical resulting from its presence in the mixture at less than 1 percent or 0.1 percent, as appropriate. If a person manufactures a chemical and in the process creates a toxic chemical impurity present at less than 1 percent or 0.1 percent, as appropriate. the person is not required to consider the amount of the toxic chemical so manufactured for threshold determinations or release reporting (provided that the impurity is not separated from the commercial productl. EPA plans to review this de minimis policy and the assumptions upon which it is based in light of data that will be collected under this rule. B. User Determination Versus Supplier Notification As stated in the introduction to this unit. EPA proposed a detailed approach for users lo make a reasonable determination of the presence of section 313 chemicals in products they use. In response to the proposed approach, one commenter stated that the standard in the statute is "known to be present at the facility" and asserted that a facility has no affirmative obligation to seek information where there ia no apparent information about a section 313 chemical in a mixture beyond such readily available sources as the MSOS for that product. Others commented on the options in the proposed rule preamble for suppliers to notify customers or EPA about the presence and percent composition of covered toxic chemicals in their products. A number of commenters slated that a supplier should be required lo notify its customers about the presence and composition of listed toxic chemicals in the product From an overall burden standpoint these commenters stated that there are naturally fewer suppliers than users. Without a supplier notification provision, users would have to contact each of their suppliers each year. These commenters stated that a supplier notification requirement would ultimately place less burden on the suppliers themselves because their staffs would not hava to be constantly responding to user requests. Also, most suppliers could "piggyback" such notice with the OSHA HCS required MSOS for the product and thereby not incur a significant additional harden. Other coauneniers agreed with the supplier notification concept but preferred that EPA allow a voluntary customer/ supplier interaction, not require such notification as part of the rule. Other commenters stated that EPA does not have the authority under section 313 to require this type of notification nor would it be appropriate to invoke the general rulemaking authority under section 328 of Title IQ to authorize such requirement. Other comments addressed trade secret related implications of a supplier HCC 69A 92036 4510 Federal Register / Vol. 53. No. 30 / Tuesday, February ia. 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 MSOS. 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 MSOS 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 III than it is under the OSHA HCS requirements. l. 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 compoiition of listed toxic chemicals into the hands of the fadlitiet that must report. Providing more complete information about mixture compoiition in particular will give the facility the information it needs to males threshold and release determinations. Under the final rule persona who moat 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 suqh 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 bis further processed or used by facilities potentially required to report Notices are not required for products told for individual consumer use. Exemptions similar to those found in the OSHA HCS end rule implementing sections 311 and 312 of Title 111 are incorporated into tbit supplier notification provision The supplier notification requirement in i 372.45 ia structured to give processors end users of mixtures and trade name products positive information about the presence of listed toxic chemicals as follows: a. If liatad toxic chemicals are present in the mixture or trade name product above the de minimis cut-off level, the notice must identify those specific components as they appear in the list of toxic chemicals In 1372.05 of the rule and provide their percent composition in minimis concentration limit which was the product. present previoualy.bat unknown, the b. If the supplier maintains that the supplier must modify the notification identity of e toxic chemical ia a trade within 30 days and provide the revised secret under provisions of the OSHA notice with the first shipment after that HCS. the notice most identify the ' 30 day period to each redpient this chemdaj as subject to section 313 and notice must identify prior shipments in provide a generic identity that ia that calendar year to which it also structurally descriptive of the chemical. applies. c. If the supplier contends that specific 2. Phase-in ofthe supplier notification composition information for a toxic requirement One commenter suggested chemical in a mixture or trade name that if mixtures ere to be factored into product represents a trade secret the the reporting of listed chemicals that supplier must provide a maximum such requirement be phased-in over a 1- concentration level of that chemical in or 2-year period. According to the the mixture or product. For example, the commenters. such a phase-in approach notice would indicate that toluene would allow lime for both suppliers and constitutes not more than 15 percent or users to gear-up for mixture the product. The supplier must choose a determinations. level that is only large enough to EPA does not agree that mixtures in effectively mask the relevant trade total should be exduded for the 1987 secret associated with the chemical reporting year. Mixtures make up e large component A basis for the level chosen part of potential use of listed toxic must be placed in the supplier's records chemicals. Therefore, importers, pertaining to this notice. This maximum processors, end users of mixtures must concentration level is critical to users of use the best available information at the mixture because they will be using it hand to determine whether the as part of their threshold and release components of a mixture have to be determinations. Cross over factored into threshold and release representations of such maximum determinations under this rule. concentrations in a mixture may result However, the concept of a phase-in in unnecessary reporting by that for the related supplier notification customer or overestimation of releases requirement does have merit In EPA's of the chemical from the customer's opinion, it would be both unreasonable facility. and impractical for suppliers to develop The notice must be in writing and modification* to their MSDS or develop must dearly indicate that it pertains to additional noticai and distribute such the presence of chemical* covered by notices in 1988. Therefore, the supplier section 313 of SARA Title OL If a MSDS notification requirement doe* not take must be distributed with the product. EPA requires that the notification be attached to the MSDS and that it dearly indicate that the notice is not to be detached from the MSOS. 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 This requirement is induded because the Agency is concerned about the covered toxic chemicals. Until the supplier notification goes into effect, notification process breaking down when distributors not covered by this users and processors of mixtures are only required to use readily available rule are handling and redistributing the data regarding such mixtures. products. The OSHA HCS requires such 3. Making threshold determinations distributors to pass along an MSDS for a and reporting for toxic chemical product Therefore. EPA determined that the most efficient and leest burdensome approach of assuring that the notice would reach the intended redpient ii to require that it be attached to or incorporated into the MSDS. The notice moet be provided with at least the first shipment of the product to each redpient during the calendar year. Whan the supplier changes the formulation of tha product to affect the composition of the toxic chemical in tha product a revised notice must be lent with tha first shipment of tha changed product to each redpient If the eupptter determines that the product contains a section 313 chemical in excess ofthe de components ofa 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 ia 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 leest be told that a toxic chemical is r u HCC 69A 92037 Federal Register / Vol. 53. No. 30 / Tuesday. February 18. 1988 / Rules and Regulations 4511 present its generic chemical identity. <nd its upper bound concentration in the mxture or trade name product However, 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 Tor 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: (t) The person was told, or hud 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 i 372.65 of the rule: or (ii) the person was told that the mixture or trade name product contains a toxic chemical subject to section 313. If 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 stx scenarios for persons making reporting determinations for toxic chemicals in mixtures or trade name products: 1. 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 hat no information about its concentration in the mixture or product 2. The person does 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 mixture or product When the person knows the specific chemical identity of the toxic chemical in the mixture or trade neme 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 of the 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. If 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 tt 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 only 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. wilt 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 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. Once the applicable thresh. Id is met. reporting the chemical identity varies with the degree of knowledge, if the specific identity is known, the person must report the identity and CAS Registry Number, if any. in Part 111. Section 1 of Form R. If only a generic chemical name is known, (hat name must be reported in Part 111. Section 2 of Form R. If no generic name is known, the trade neme or other name applied to the chemical or to the mixture or product of which it is a component, must be reported in Part UL. 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 forma. The proposed statement would have required that the person certify that the submitted information is true, accurate, ar.d complete based upon his or her personal examination of th* 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 13) the requirement that the company must certify that the submitted information is true, accurate, and complete. 1. Senior management official. Section 313(g)(1)(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 limilar reports under other environmental regulatory requirements. Commented were concerned that neither definition appeared in EPA's regulations or in the instnic lions to the proposed form. Also, commented wanted to maintain flexibility of having either a facility management officer or HCC 69A 92038 4512 Federal Register / VoL 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations mrporate 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 13713 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 ofpreparedform. The proposed rule required that the person certify that "1 have personally examined and am familiar with the information * * Commenters staled 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 -athered and evaluated the Information ubmitted. and that the certifying official has queried those persons responsible for the system. Commenters noted thst the NPDES certification has already received full notice and comment and has been tested in court. However, the conference report states that "|t|he 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 oot 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 believes fulfills the intent of Congress. 3. Submissions that are 1mat accurate, and complete. "The 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 tha information, particularly release 'stimates. can be subject to onstderable 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: "I 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 snd values in this report report are accurate based on reasonable estimates using data available to the preparers of this report." B. Facility Identification l. 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 staled 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 br (a) Someone at the facility: (b) someone at tha 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 contactinformation will not be included in the public data base. Second, in addition to the technical contact EPA Is requiring facilities to provide the name end 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 aa a facility identifier. The primary reason for asking for this informatioals its importance for geographic information systems. These computer-based systems enable EPA and other ogranizationa to model exposures resulting ham chemical releases and produce graphic reprasentationa of such exposures. In additioa 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 purpoMs: (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 ID. Number. NPDESpermit and receiving streams. In the proposed rule. EFA provided a single line each for listing the EPA Identification Number (tha identification number assigned to a facility in connection with haxardous waste generation and disposal activities under the Resource Conservation and r HCC 69A 92039 Federal Register / Vol. 53. No. 30 / Tuesday. February 10. 19B8 / Rules anil Regulations 4513 Recovery Act (RCRA)). the .\TOES peimil numbers, and the receiving stream or body of water for the facility. Commenters pointed out that some multi-establishment facilities car. have more than one of these identifiers or permits, or mjy discharge a reported lone chemical into two or more streams or bndtes 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 that reporting under 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 111 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 medium" This lud EPA to as), 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 accidential or unintentional type of releases in the <iuanti`.ies reported under section 313. In discussing section 313 the conference report begins by saying that: This section establishes ruquiremeni* for annual reporting on Messes of certain toxic chemicals 'o the environment. This repo-ting cavers releases that ncrair as a result of normal business operations, oa distinct from abnormal, emergency releases which must be reported under section 304. Thus, commenters would argue, the statutory definition of release is modified hy 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 Ul. 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 iheinit ,iU over the reporting ;. regardless or the mode of release. EPA also believes that most facilities will calculate their releas-ts baaed on a total release concept Therefore, it could be more burdensome to require a facility to "back-out" the section 304 releases and mher "accidential" type releases than to just leave them as part of the total. Also, if the quantities of section 304 releases vere excluded iron Ihe annual igg-egate total, most data ls-.cs would not hate ready access to thi3 additional data. Tills is because section 304 releases quantities will not be er.t-reJ into a nationally accessible computer data base as will section 313 data. Thus the public can do no automated crossmatching of facilities in order to obtain his additional release data for exposure analysis purposes. Therefore. EPA is retaining its interpretation of total releases for the purpose of section 313 reporting. 2. Remnvirg the section 304 release injicctor. EPA proposed that companies indicate by checking a box whether or rot any part of the reported release was un accidental release reported under section 304 of Title III. Section 304 releases are rertain accidental releases f specific chemicals listed under xect on 302 of Title HI as well as section 103 of CERCLA (RQ chemicals). The purpose of asking about section 301 releases on the section 313 form was to provide the public with an additional means of obtaining information about out releases (both routine and accidental) uf chemicals subject to repotting under section 313. Sevor.il 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 coulc 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 chsmical 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 "ves" 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 nn air permits without requiring facilities to list numerous air permit numbers. Most of the comments on this issue were negative. There was strung 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 "unaiiowed" and thereby imply that a facility id in violation of Ihe law. The permit in.li~at.on also does not reveal how much of the release n 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 shoulJ apply since me-,l permits do not cite or limit releases hy specific chemical. For example, most air permits apply to categories of chemicals. Such as volatile organic compounds (VOCs) and particulates. In ad iition. many permits may limit the release of a chemical by specifying that a con'rol device or particular type of treatment be employed. Therefore, many pe.mi'ted releases would not be allowed to lie checked under the proposed rule s approach. Certain commenters believed hat EPA should broaden the permit indication to include most other types of permitted releases or drop it altogether. Ilecause Ihe permit indication hjs a high potential to provide misinformation to the public. HPA has decided not to include the permit check box in the final form. EFA 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 he interpretation of which releases would be covered by a permit because this would no longer serve the original purpose of providing link to chemicalspecific permit data. Additionally, it would be difficult in some situations lo give a clear indication of when a permit actually controls the release of a specific chemical versus other components in the wastestream. EPA requirei 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 HCC 69A 92040 4514 Federal Register / VoL 53. No. 30 / Tuesday. February 16. 1936 / Rules and Regulations estimated ss accurately as possible .d that figures be rounded off to the nearest pound. Recognizing, however, the aggregate nature of the data end potential error in the estimates. CPA asked for comment on other reporting alternatives. EPA received comment on three proposed alternative reporting options. (1J Report in ranges. |2i Report to 1 to 2 significant figures. |J) Report to a specified degree of precision. Many commcnlers on this issue were in favor of either option l or 2. because they believed that (he data will not be exact due to the error involved in measurements and estimates, and that these options would r.ol 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 dose to the estimated valine, even taking into account its inherent error. For sample. a release of It.000 pounds/ ir with a 50 percent error could be sinterpreted es 100.000 poundi/ycar if reported as a range of 10.000 to text000 pounds/year. Reporting in ranges may not only misconstrue the data accuracy, it would alto 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 infeasible 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 oO-iile 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 release* to un environmental medium of less than 1.000 pounds. Where the facility believes that it haa no release in relation to a particular line item it could check a box for "0". If the releaae is estimated to be between 1 and 499 pounds, or SOO to 999 pounds, the facility has the option of 'becking a rang* box or entering a cific figure. For releases of 1.000 unds 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 1967. 1986. and 1989 only. 5. Peak release. Several commenters raised (he 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 statsd that the annual release data may not give enough information to usscss 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 beitrr 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 (u 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 (he 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 deu would be used in e 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-cercinogenic health effects and environmental effects. EPA considered thut facilities may have difficulty in providing the number of days per year over which the chemical is released intu the 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. Abo 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 may he levs burdensome for facilities to do. bul it may not be as useful as other potential indicators. Tins is because il does not provide quantitative information needed for e risk assessment and may be meaningless fur an aggregate release amount that is compiled for all releases from many tvpes uf processes or sources at one facility. Teak 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 ron-carcinogenic effects, and uiso for chemicals with environmental effects. Peak releaae data can be used to modal 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 annuel release dale. The number of days of operations involv ing the chemical may be easier fur 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 (his data in modeling beccusc 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 optiuns. In its analysis the Agency will determine what type of data is needed to better characterize exposure and risk, snd determine how this data can best be reported by Facilities. Because of the need for further analysis and Input from HCC 69A 92041 Federal Register / Vo), 53. No. 30 / Tuesday. February 16. 1968 / Rules and Regulations 4515 the public and regulated community. KPA plans lo 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. Dau-^reyation of air emissions. EPA proposed that fugitive or non-point air emissions he reported separately from stack or point source air emissions. Facilities would include all emissions lo air of a listed chemical and separate s ich emissions quantities into fugitive or suck type emissions. The instructions g ive clarification as lo how to differentiate between the two types of sources. EPA prooosed to distinguish between these two source ca'egunus for Uvo reasons. First, estimates of stuck emissions are likely lo be more acouiate than estimates of fugitive emissions because slack emissions can be directly measured. Belter overall information on a> re'eases ran be obtained if fugitive emissions ire reported separately and l he 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 uvo sources of releases. Many commented thought EPA should not require this disaggregation. Two ccmmenters agreed with the proposal white one cummenter stated that the form should collect Five categories of release on air emissions: Process, 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 sir emissions still remain the same, hirst, farther disaggregation would not be consistent with ETA's approach of not requiring specific information on the sources of releases to minimize trade secret claims. Second, the burden on f icilities would increase tremendously if further disaggregation were required. Fur example, a facility will be able lo estimate an aggregate non-point air release using a mass balance approach, bul it would be very difficult for it to farther divide this amount into releases f am transfer operations, leaks, and n ame treatment emissions. Because ihe maiorily of measured data available will bo on slack emissions, this :s one mechanism available to facilities to distinguish between two types of air missions. EPA believes that requiring disaggregation only into point and nonpoint sour-e categories is the best balance of data usefulness and inJustry burden for this reporting requirement. 7. Releases to voter--a. Disaggregation of releases by rec-rinng stream. For direct discharges, (lie issue cf how to report multiple receiving streams for one facility was raised by one commcnter. 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 waste-.vater flow. EPA has revised the form to ailow reporting of up to three receiving streams. Theie streams are to be numbered and the applicable stream numbers repotted in connection with the direct discharge release amount tn that stream. b. Inclusion or stormwater n tie*so.:. I.PA proposed that the total releases of .< chemical lo surface waters include the ont.-butiun from stormwater if die f icii.ty's permit included jtormwa'er sources. Given the potential difficulty in estimating the contribution of stormwater tn die total release of a hemic-iL KPA specifically asked for commert on ihe inclusion of stormwater discharges and how these releases should be estimated and reiiorted. Many commenters thought that El'A shuuld not require reporting on release m stormwater because it is very difficult lo estimate amounts of toxic chemicals present and intermittent flowrates without m.mitortng and measurement. Without such information, it would be virtually impossible to estimate these types of releases to any degree "r accuracy. Several commenlcrs pointed nut that EPA has not yet developed final stormwater regulations or guidelines under Ihe Clean Water Act because of the technical problems involved. Two commented believed that facilities should be required In include dormwater releases to surface waters and publicly owned treatment works (POTWs) and that these shoold be reported separately on the iorm. Some facilities have submitted permit ..pplicalions relative to stormwater discharges. As a result of passage of the Clean Wa'er Act Amendments in February 1987. EPA is currently draping new stnrmwater regulations. Some facilities may have stormwater discharges permitted under NPDEb industry snbeategory effluent limitaliens nr thioi gh the discretion of the permit writer. Even if a facility's stormwater is i overed bv s permit, hov.ev er. it may mil have any specific chemical monitoring data depending on when (he permit was issued. Also, most permitted stormwater releases are required to be monitored for conventional pollutants such as biological oxygen demand (BOOL total organic carbon (TOC), etc.. rather than specific chemicals. Therefore. EPA is requiring facilities lo indicate Ihe stormwater contribution to surface water releases only if the faculty has monitoring data on the suction JI3 chemicals in such .eornr.vater 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 111. Section 3.3C of the form. If the facility does rot have periodic measurements of the chemical releases but has submitted chemical-spccif'C 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 vnniiniious). or can be estimated by multiplying the annual rainfall times the land area limes the degree of imporriousnnss or hy another appropna'.e method. Appropriate responses lo be entered on the form include: (I) A numerical figure representing the percent iuniriliulion to the total release. (2) "U" if die facility has monitored but not detected the chemical in stormwater discharges, and (2) "N/D" if the facility has no monitoring information relative lo the chemical in stormwater discharges. B. Specific line for reporting i.nccrgrvunJ injection release. One i ommen'.er raised |h issue of how releases to groundwater are reporteJ on the form. The commenter slated that FPA should break out reporting of direct and indirect groundwater discharges as a category distinct from releases to land Dy looking at the farm only, it is nut clear how and where facilities would report releases via underground injection discharges. On the proposed form, these releases were lo be reported m the Release To Land section by entering a disposal code for underground injection next to the annual amount. To further clarify releases hy underground injection of listed toxic chemicals. EPA has included a separate sub section in the final reporting furm entitled Underground Injection (Pari ill. Section 5.4). 9. Basis of estimate. For each .i3g'eg.ile release. EPA proposed to reqiere in indication of the basis used lo account for the estimation of the larges: portion of the release quantity. HCC 69A 92042 4516 Federal Register / Vol. 53. No. 30 / Tuesday, February 16. 1988 / Rules and Regulations lie basis of estimates provided in the nstmclions were: (1) Based on monitored or measured data. 12) 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 Slates. 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 mmenter wanted clarification on nether 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 slreums. also often considered proprietary. EPA wishes to minimize trade secret claim* 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 chrmical release inventory reporting. The final ruta requires the basis of -Mimution a* proposed. Any reasonable ission factor may be used to estimate .tenses. It is not EPA'* intent that facilities be constrained or limited to the use of any one estimation method. The burden is on the faculties to provide the most accurate and "reasonable" estimate of releases, and they should use all available data and mean to provide these estimates. The data or methods used mutt 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 POTWsJ. 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 ofT-site. if known. The rationale for inclusion of the off-site waste trtnsfers was to complete the picture of chemical waste generated from s facility and enhance the public's understanding of the locations of toxic chemicals in their community. Ofl-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 ofT-site waste transfers for several reasons. First commenters staled 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 at 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 commenters 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-tita facility and would aid in access to related information in other data bases. EPA hat interpreted the statute to require reporting on wants sent ofT-site because the conference report slates 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 ofT-site locations. The information to be collected on ofTsite waste transfers is different from that required under RCRA because this information is chemical-specific and makes no distinction between vvastestreams which are hazardous and non-hazardous. This type of chemicalspecific 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 wasie containing the chemical. EPA has retained the requirement to report transfers of a chemical in tvustc 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 IQ. Section 6) of the furm. Reporting of treatment/ disposal methods is required only if this information is readily available to the reporting facility. Transfers to s rcproccssor or recyclcr of chemical waste are not reportable as off-sitc 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 ihe 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 1L Section 2 of the (urm). 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 I lazardous 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. IVastc Treatment Information l. Wastestream and treatment methods- Section Xl3(g)(iHc](iii) stales that facilities must report "for each wastestream. the waste treatment or HCC 69A 92043 Federal Register / VoL 53, No. 30 / Tuesday. February 19. 1988 / Rules and Regulations 4517 disposal methods employed, and an estimate of the treatment efficiency ypically achieved * EPA proposed that a wistestream be considered as the aggregate wastes treated in a particular manner or the influent streem to a tingle treatment method. For example, aggregate waste going to secondary wastewater 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 vasiestream approach. Commenters epresenttng 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 (hat 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 ha* 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 -oded wastestreams. containing the jime chemical, may be sent to one type nf 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 themselvea 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. snch information would be of use only in conjunction with other detailed information, such as the characterization of the wastestream. It is EPA't belief that such detailed information is mote 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 bo reported with a 0 percent efficiency because they do not remove the chemical by any of I he 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 determinelions 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 ao acidic influent wastestream while conversely, a post-treatment pH of 7 or below would indicate 100 percent efficiency for a basic influent vastestream. 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 separata 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 s 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 HCC 69A 92044 4318 Federal Register / Vol. 53. N'o. 30 / Tuesday. February 16. 1988 / Rules and Regulations idividual treatment step efficiencies jre 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 IIL Section 7. column 0 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 pretreatment 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 -onccntration data will enhance the aluation and comparison of waste .reatment methods by helping users of the data determine the effectiveness of tieitment 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 spedlied 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 facility's reporting burden because it can report the data in fairly broad range*. For sequential treatments, the influent concentration will be required only for the first treatment step in the overall treatment sequence. F. Optional Reporting on Watte Minimisation The proposed form included an optioaal section to allow the respondent 1 indicate any action taken in the past ar (other than the waste treatment ..lethods 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 byEPA to be on important indicator of bow industry is responding to the Agency's emphasis on better waste management through waste reduction. In comments on the proposed rule, the r-igulated 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 IIL Reporting on waste minimization puta 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 dedded 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 ran indicate longer-term trends tn 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. VUL Chemical List Issues /l. 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 correspondin' 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 daletions from the list of section 313 chemicals. EPA realizes that some of these recommendations may ba 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 indepth 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. CA.S 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. 0.0-dimcthyl-0-(4-futrophenyl)esleT. EPA stated in the proposed rule that reporting facilities should not have to use s 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 lor ail chemicals except for the 20 chemical categories. Therefore, reporting facilities can use either the trade name or the CAS preferred name that appears in j 372.65 (s) and (b) of the rale 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 i 372.85(c) of the rule. The CAS registry number refers to the cyanide anion (CN--L which is not a discrete reportable chemical without a counterion. Therefore the CAS registry number listing for cyanide compounds in 137265 (a) and (b) of the rule has been removed. 3. Metal and metal compound*. The original committee print of the list of chemicals subject to reporting under section 313 listed metals and thair compounds with the CAS registry number which corresponded to the metal only. In its proposal. EPA sought to separate the metal from metal HCC 69A 92045 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1688 / Rules and Regulations 4519 compounds. The.distinct metal appears with its CAS registry number in } 372.65 . (a) and (b). and the corresponding metal compounds category appears in i 372.651c] 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.l.) name. For example. Auramine |CAS No. 492-80-8) has the Color Index name of C.L Solvent Yellcw 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 28. Direct Blue 6. and Direct Brown 95 should also be listed with the "C.L'' 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 arc listed together. EPA has included the common name in brackets in the case of Auramine. 5. Clycol ethers. Commcnters suggested that the Agency should include specific glycol ethers in the chemical specific listings cf i 372.65 (a) and (b| of the rule and remove it as a category from { 372.65(c). EPA considers this an amendment or modification to the list of chemicals and is not changing (he 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. ETA 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. l. 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 dust. 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 is Unit IVA. 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 metals is 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 tiic entr.es 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 noi be required io report for those chemicals. I.1 both of these cases, supplier not,,'nation docs 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 lo 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 the initial list of chemicals. D Reporting Chemical Solutions 1. De minimis cut-off for chemical solutions. The list of chemicals in ! 5 372.65 (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 minimis cut-off be applied to the reporting of chemical solutions consistent with the concept of a e'e minimis limitation for mixiures. EPA agrees with this suggestion because reporting on these four substances ts consistent with mixture reporting. Chemicals with the qualifier "solution." such as sodium sulfate that are manufactured, processed, or otherwise used .n excess cf 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 is 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 lo report if they meet an applicable threshold, even if these chemicals are consumed and no releases result. 1 Iowevcr. 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 HCC 69A 92046 4520 Federal Register / Vol. S3. No. 30 / Tuesday. February 16, 1986 / 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 Praviaiaas A. General Trade Secret Issues The Agency received s 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 113. EPA proposed a rule in the Federal Register of October 15.1967 (52 FR 38312). Part of this proposed rule contains procedures for claims of trade secrecy under Title 111. 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 abovei efcrenced proposed rule. Until such time as the trade secret rule is finalized, persons subject to this final rule are required to comply with lection 322. Accordingly, to do so persona who claim the chemical identity of a toxic i.hcmical 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 it required to be provided in the section 313 submission.) Persons should also use the proposed i rode 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 III requires r.PA to identify the adverse health and environmental effects asaocialed with a toxic chemical that is claimed trade secret and assure that saefa information is included in the computer data base. Toe 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 advene effects information relating to trade secret claims. One option would be to develop a cumulative, worst-case effects characterization for tha predefined generic daw of the chemicaL A second option discussed was a modified generic identification approach vs here companies would be required to develop end submit a generic identity for the chemicaL and the EPA would develop the associated adverse health effects description that relates to the general data 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 aubstancespccific but would mask any partimiiar 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 effect* specifically mentioned in section 313(d). Toxicity data were accumulated from standard literature sources end. 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 aaaiytia by collapsing the 10 adverse effects catejpnies to attempt to arrive at a point where there were no chemicals that exhibited e unique toxicity pattern. To reach the "no unique" result it was necessary la 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. ETA 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 1968 before nuking any final deciaions on tha 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 dies* generic classifications, created unique patterns for certain chemicals. A* 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 Recordkeeping EPA proposed a 5-year recordkeeping period. Several commentera 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 esserted 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-ycar 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-) ear recordkeeping period will be sufficient given that FJ>A 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 n-me 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 aupplier 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. XL Economic Impact EPA has prepared a Regulatory Impact Analysis (R1A) in connection with this final rule. The RIA assesses u HCC 69A 92047 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1968 / Rules and Regula lions 4521 the economic impact of the final regulation on the affected indnitry (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 Reauthonzation Act of 198B." Three alternatives are considered in the R1A 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 UI--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 31B.OOO 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 ano Per Chemical Report (S/Yr.) Ragutatory --matin I Ragmalory aflama-- naquinrwy aNamanv* in first year Subt* quant yaars first yaar Subs* quant rtn first yaar Subs* Quant yaars MafriQ ' ------ ' ----- - .....- - _________________ !________________________________________________________________ Source--RIA 1SS7. 1.19620 10176 1.223.12 9.036.66 999993 232.66 6.6 14,01900 1.401.93 296.60 41.92 6.144.90 200.72 156.34 694 6.9S170 665.17 1.195.20 101.76 11.295.60 1919 93 291.22 6.94 15,11145 1.511.39 298 90 41.02 7.680.60 200.72 197.79 6.94 6.426.76 642.66 1.195.20 ! 101.76 1 296 60 41 92 11.595 00 0.00 0.00 6.04 12S90O 1.289 60 7.664 06 96.34667 76 0.00 604 .327. IS9.118.54 63172911 86 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 aggregete industry costs shown in Table U below. Table II.--Aggregate Costs for Industry: First and Subsequent Reporting Years naqmawry aaamaava l first yaar Suba* qua* yaars flaqjaiory aaam-- B first yaar Subs* quant yaars rtagutaiery aftsmsavs lit Fed yaar Sufliaaani yaars 137J 3.2 36.9 267 6 27.2 43.5 7.4 0.6 10.3 5562 34.3 137.3 13 31 195.6 10 5.1 0.1 1.0 243.6 359.4 272 43.5 92 0.6 10.3 591.0 34J 137.3 1.3 3-2 244.4 359 4 10 271 4.3 0.1 1.0 293.9 527.1 34J 1.3 250.9-253.9 2.0 0.1-06 0.7-69 289.3-299 2 Range ot coats > dlmieum yaws si SllamaVie SI resects dements eist ars pnaaed--l That la Via re^ and d <a ranges represents yea 2. and me toa end rapreaanu euoaaqusnl rears. The other major costs that will be incurred by non-reporting facilities involve mixtures and trade name required that processors and users of products. The proposed rule would have mixtures and trade name products HCC 69A 92048 4S22 Federal Register / VoL 53, No. 30 / Tuesday. February 18, 1988 / Rules and Regulations contact suppliers and document the for contacting suppliers end information provided bjr suppliers. If documenting the contacts. information were not provided by To compare costa of the proposed rule, suppliers, processors andusers were to the final rule it is necessary first to required to submit partial-reports tor understand that the coata foctha mixtures and tradename products. The- '--proposed rule have been revised..The . final rulerpleces thehardenon the-' - - four major ressons for revisions to the supplier to provide the information to cost estimates are summarized as users. Suppliers and usenwould incut- follows: costs under all alternatives, as shown in 1. The number of chemdal reports per Table U. Supplier coats are lower for the facility increased from 4 to 10. Basis for final rule, because suppliers would be change: Public comments, section 313 initiating the information, rather than pretest and data from five additional responding to requests from users.' State and local data bases on chemical The costs of users will also be lower use. for the final rule, as the information on 2. Costs for compliance mixtures will be made available lo them determinations increased by 33.0 and consequently there will be no costs percent Basis for change: Revisions to costs developed in the RIA for the proposed Comprehensive Assessment Information Riile(CAlR)............ 3. Estimates for calculating releases in the proposaiwembssedunpretesr of CAIR form and mntractnr 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 tnd informing users) and users (screening mixtures) were not originally included. These cotta are compered in Table 111 below. Table HI.--Summary of Cost Comparison Between Proposed ano Final Rule ccMi riepowd Remed pispoeep Nw Total iwbar of cfwwial t*-- t****** Repent per ladltr S47L7 matan. S52T.1 raSon 4 OmmetL 1 mtfcw .- ,* ti9m VfflCTT ** M4M muxntton ..J ru The number of chemical reports per facility Increased ZJ times but initial doubling of CAIR estimates was found to be unnecessary and inclusion of supplemental time to estimate releases was also found to be double counting. FirsI year costs per reporting farilily increased from about 31Z500 la the )une. RIA to SIS.100 for this same (proposed) version of the form, reflecting the above factors and an increase from the mote thorough accounting for the responsibilities attributed to mixtures. Phaae-in of mixtures and placement of the burden upon suppliers rather than . users account for the final rule's........ (Alternative 111) lower cost ofSUMO per facility. EPA hat chosen to develop the form and rule in order lo 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, atm. and maka available the data reported under section 313. EPA'a costs will vary depending upon its choice of data management systems end policies. but are estimated torange from between S77 and *28.4 million per year. State* will also have soma expanses for processing, storing, and distributing reports sent to them. State costs are estimated to be from 317 to *27 million per year. m. Duplication ofReporting Under both section 313 of SARA and section 103 of CERCLA. EPA requires companies to submit Information on chemical releases into the environment While (he two statutory provisions arc similar in their reporting requirements,. they differ in both scope and purpose. Section 313 requires reporting only by fadlities in SIC codes 20 through 30. Section 103(f)(2) placet no such restrictions on its applicability. Also, soma 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 s Federal Inventory of the listed chemicals, the purpose of the CERCLA sartirm 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.-- XHL Puhlk Data Base Section 313(J) states thet the Administrator shall establish and maintain ina computer data bate a national toxic chemical inventory basrd on data submitted to the Administrator under section 313. EPA shall make this data accessible by computer telecommunications and other means to ny person on a coat reimbursable basis. EPA is reviewing potential options through which the Unde chemical inventory can be made available to the public. "Hiere 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 e toxic chemical inventory data base. This preliminary draft options paper was the subject of a public meeting held on April 2a 1987. Comments from, this public meeting and subsequent discussions with other Federal agencies; industry. States, and environmental groups at* 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 provida the asst feasible and widest dissemination of the toxic chemical inventory to the public. EPA expects to be able to make the data base evailable In the first quarter of 1MB. -) HCC 69A 92049 Federal Register / VoL 53, No. 30 / Tuesday, February 18. 1988 / Rules and Regulations 4523 XIV. Rulemaking Record The following documents constitute the rulemaking record for this rule (docket control number OPTS--400002A). All documents, including the index of this record, are available to the public in the OTS Reading Room from 8 am. to 4 p.m_ Monday through Friday, excluding legal holidays. The OTS Reading Room is located at EPA Headquarters. Rm. NE-C004. 401 M SL. SW.. Washington. DC 20460. The record includes the following information considered by the Agency in developing this rale: 1. Documents in docket no. 400002 at the date of publication of the proposed rule. 2. The proposed rale. 3. Transcripts of public meetings held July 24 and 27. and August 4.1987. 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 iudge whether a rale 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 (he statutory provisions of section 313 and the interpretive provisions of this rale may create a first year impact of S527 million and a second year impact of S299 million. EPA has determined that this rule is "major" because it may have an effect of Si00 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 FlexibilityAct Section 313 and the final rale 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 34 percent (9.400 of 277.100) of all small manufacturing facilities with less than 50 employees. Analysis to support the proposed rale 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 14 and 24 percent of median sales for facilities with fewer than 50 employees: and between 24 and 44 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 below. SBA proposed the development of thresholds baaed 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 ia * 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 rangeof 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. Alternative2. Exempt all small businesses (defined as facilities with fewer than 50 employees). [The RIA analyzes alternative definitions of small businesaes.1 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 Stvjoy Options: Costs Per Faciuty [TVanm value lor 10 Yaws at naeoranql Coat(') OptOR 1 2 3 4 5 A y $ $54220 a 'S54.K0 $$.100 to 354.320 SS.I00 $24,650 $47,130 10 $$2,630 $34,410 to $901990 1 In pmM value 1SST doaan ai 10 percent (Account raw Mr rears iaaa-1937. * Own me anaanca el any SIC codes mat vould meal aeampaon attend 'Araraoa cost Out ess ooeon eouU otter me banal* of wnrong mo snare to seam easvMua! lac san anted exceed aw average * Aaumaa as 10 cnansrsla par tacttr ennr <0 to SO parcsni cost sssmge Mr aaamaies ot ae and 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 HCC 69A 92050 4524 Federal Register / VoL 53, No. 30 / Tuesday, February 18. 1988 / Rules and Regulations 13 chemicals), no SIC codes were provided in the data base However, in difficult from the data available to EPA identified (hat met the criterion. the intervening years until, facilities to estimate exact burden savings Alternative 4: Require annual reporting by small businesses only of Parts I through VI of proposed Form R: have reported an all section 313 chemicals, the data base will not be is - complete ocas accurate Parts VII through X of the proposed forar ' Alternative & Allowsmall bosincssts ' would be doc only upon request by EPA. to made ranges check-bases-foe release - This alternative would eliminate the less than UOO pounds per yearto any most onerous part of the reporting environmental medium. Thecheck burden (Le estimating releases). boxes would apply to a 1 to 499 pounds However, while small facilities would per year, and 500 to 999 pounds per year. be identified in the data base, the most The facility would have the option of important information (i.e_ emissions) reporting a specific figure rather than would not be captured. Therefore the checking a box. The facility would have utility to the public of the dale base to provide a specific figure estimate for would be reduced. There also would be releases of 1.000 pounds or more per likely increased administrative costs year. The reporting burden would be with such an approach when the reduced by not requiring small facilities emissions data are requested. These to further refine estimates of these lower associated with this approach. Savings for any individnal smell facility will depend upon tUrnnmberofchemicals being reportediindthenaaber 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 necessaiy to complete such a mass balance should be readily available and tabulated, at laast partly, to determine whether the reporting threshold is met By relying on a rough mass balance calculation, the facility could avoid calculating releases from costs would be incurred by the public level releases. A certain degree of individual process points (for example, (for requesting information), industry precision might be lost relative to valve and flanges lei km. or storage tanks (for having to essentially fill out a form analyzing the releases reporting in such vents). Completing these calculations for some chemicals twice), and the ranges. However, the data base would requires that additional information be 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 1 through VI of proposed Form R plus data on quantity used or produced; EPA estimates releases from small business facilities. This alternative ould eliminate the most onerous part the reporting burden as described in tentative i. EPA would provide emissions estimates in the data base that were more consistently derived. However, the information that EPA would have to require to estimate: maintain a higher degree of completeness relative to other options (except option l) because ell 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 facilities subject to reporting. Bated on the limited available date the Agency cannot support any modification of thresholds based on size tabulated (e.g. the number of valves, or the size of storage tanks). For a release to e 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 uf the time required to determine how such releases ire apportioned permedia. 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 releases may actually increase the of facility, and still be able to maintain would benefit substantially from this . information required on the form. For that a substantial majority of the total approach. example. EPA would have to require production, processing, or use volume information. This approach would ''crease 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 & Require reporting by small businesses every third year, rather than annually. This alternative would reduced the burden to small faculties over time, while still providing data on small facilities and their emissions in releases would be captured through reporting. EPA analyzed certain limited use and release data available on 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 s least 30 percent of the air releases for12 of 87"chemieals EPA expects that small facilities will realize the most benefit from the optional range reporting concept because larger facilities are more likely to have the technical capabilities to develop more specific estimates. However. EPA believes>that this >* *........ optional rangt 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. the data base. However, the frequency listed in the New Jersey data. base. EPA ' EPA believes that it will be necessary of reporting cannot be changed until . concluded that exempting facilities of - to evaluate the relative costs and 1993 under section 313(i). this size range from reporting may lead benefits of this alternative in light of the Alternative 7: Require smaU to.lack of coverage of certain chemicals. first few years of section 313 businesses to report only up to a certain number of chemicals per year. This alternative would place a cap on the number of chemicals that smaU businesses would report each year. The burden would be reduced for those '-'all facilities with more than the rage number of chemicals per .ility. Data on small facilities and estimates of emissions would still be 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 SBA. the Agency has incorporated alternative No. S. limited range reporting, into the reporting requirements of the rule. It ie submissions. Therefore. 13-year . limitation has been attached.to this, provision. The limited range reporting . option will apply to the1987.1988. and . 1989 reporting yean unless EPA takes action to extend or permanently adopt (his reporting provision. EPA will publish-its analysis prior to allowing the provision! lo expire. HCC 69A 92051 Federal Regular / VoL 53. No. 30 / Tuesday. February IB. 1988 / Rules and Regulations 4525 C. Paperwork 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 Baines. 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 Provtsioos Sec. 372.1 Scape and purpose. 372.3 Definitions. 3726 Persons subject to this Part. 372.10 Recordkeeping. 372.18 Compliance and enforcement. Subpart 0 Reporting Requirements '7122 Covered facilities for toxic chemical release reporting. 37123 Thresholds for reporting. 372J0 Reporting requirements and schedule for reporting. 37138 Exemption!. Subpart C--SuppBsr Notification Requirement! 372.45 Notification about toxic chemicals. Subpart O--SpocMe Toxic Chemical Ustlnps 37165 Chemicals and chemical categones to which this Part applies. Subpart E--Forms and Instructions 37245 Toxic chemical release reporting form and instructions. Authority: 42 U.S.C. 110111102a. Subpart A--General Provialena 5 3721 Scope and ptaposa. This Part sets forth requirements for the lubmiision of informsdon relating to the release of toxic chemicals under section 313 of Title HI of the Superfund Amendments and Reauthorize tion Act of 1986. The information collected under this Part is intended to inform the general public and the communities surrounding covered facilities about releases of toxic chemicals, to assist --search, to aid in the development of gelations, guidelines, and standards, and for other purposes. This Part also sets forth requirements for suppliers to notify persons to whom they distribute mixtures or trade name products containing toxic chemicda that they contain such chemicals. 53723 OeflnMona. Terms defined in sections 313(b)(1)(c) and 329 of Title HI and not explicitly defined herein are used with the meaning given in Title 10. For the purpose of this Part "Acts" means Title m. "Article" means a manufactured item: (1) Which is formed to a specific shape or design during manufacture: (2) which has end use functions dependent in whole or in pert upon its shape or design during end use: and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments. "Customs territory of the United States" means the 50 States, the District of Columbia, and Puerto Rica "EPA" means the United States Environmental Protection Agency. "Establishment" means an economic unit, generally at a single physical location, where busineaa ia conducted or where services or industrial operations are performed. "Facility" means all buildings, equipment structures, and other stationary items whicb are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by an; person which controls, is controlled by. or under common control with such person). A facility may contain more than one establishment "Full-time employee" means 2000 hours per year of full-time equivalent employment A facility would calculate the number of full-time employees by totaling the hours worked during the calendar year by all employees, including contract employee*, and dividing that total by 2000 hours. "Import" means to causa a chemical to be imported into the customs territory of the United States. For purposes of this definition, "to cause" means to intend that the chemical be imported and to control the identity of the imported chemical and the amount to be imported. "Manufacture" means to produce, prepare, import or compound a toxic chemicaL Manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, use. or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a byproduct, and a toxic chemical that remains in that other chemical or mixture of chemicals as an impurity. "Mixture" means any combination of two or more chemicals, if the combination is not in whole or in part, the result of i chemical reaction. However, if the combination was produced by a chemical reaction but could have been produced without a chemical reaction it Is also treated as a mixture. A mixture also includes any combination which consists of a chemical and associated impurities. "Otherwise use" or "nse" means any use of a toxic chemical that is not covered by the terms "manufacture" or "process" and includes use of a toxic chemical contained in a mixture ur trade name product. Relabeling or redistributing a container of a toxic chemical where no repackaging of the toxic chemical occurs does not constitute use or processing of the toxic chcmicaL "Process" means the preparation of a toxic chemicaL after its manufacture, for distribution in commerce: (1) In the same form or physical stale as. or in different form or physical state from, that in which it was received by the person so preparing such substance, or (2) As part of an artidecontaimng the toxic chemicaL Process also applies to the processing of a toxic chemical contained in a mixture or trade name product. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or diiposing into the environment (including the abandonment or discarding of barrels, containers, and other dosed receptades) of any toxic chemical. "Senior management official" means an official with management ` responsibility for the person or persons completing the report or the manager of environmental programs for the facility or establishments, or for the corporation owning or operating the fadlity or establishments responsible for certifying similar reports under other environmental regulatory requirements. Title UT means TiUe HI of the Superfund Amendments and Reaulhorixalioa Act of 1986. also tided the Emergency Planning and Community Right-To-Know Act of 1986. Toxic chemical" means a chemical or chemical category listed in I 37265. 'Trade name product" means a chemical or mixture of chemical* that is distributed to other persons and that incorporates a toxic chemical component that it not Identified by the applicable chemical name or Chemical HCC 69A 92052 4326 Federal Remitter / Vol. 53. No. 30 / Tuesday. February 16. 1983 / Rules and Regulations Abstracts Service Registry number must retain the following records for a quantity of that chemical set forth in listed in f 37233- period of 3.years from the date of the i 37235. submission of a notification under ) 3715 Persons subject to (Ms Part. f 37145. Owners and operators of facilities (1) All supporting materials and - - described in if 37122 and 37X43 are documentation used by the person to . subject to the requirement* of this Part ' determine whether a notice ia required If the owner and operator of a facility under 137145. - are different persons, only one need (2) All supporting materials and report under I 37117 or provide a notice documentation used in developing each under { 3714S for each toxic chemical in required notice under j 37145 and a 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 HI. except aa provided in S3 37133(e) and 372.43(g). 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. (37235 Thresholds tor reporting. ' The threshold amounts for purposes of. repotting under 137230 for toxic;-. chemicals are as follows: (a) With respect to a toxic chemical manufactured (including imported) or processed tt a facility during the following calendar yean: 1987--73.000 pounds of tfra 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. - 37110 Recordkeeping. (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 { 37130: (1) A copy of each report submitted by the person under I 37130. (2) All supporting materials and documentation used by the-person to make (he compliance determination that 5 37111 Compfiance and enforcement Violators of the requirements of this Part shall be liable for a civil penalty in an amount not to excaed 523.000 each day for each violation as provided in section 325(c) of Title UL Subpart P Reporting Requirements 137122 Covered (aeHUea lor toxic ctwedcai mlesae reporting. (b) With respect to a chemical otherwise used at a facility. 10.000 pounds of the chemical used for the upplicable calendar year. (c) With respect to activities involving j toxic chemical at a facility, when more titan one threshold applies to the activities, (he 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 the facility or establishments it a covered facility under 137122 or I 37145. (3) Documentation supporting the report submitted under i 37130 including: (ij Documentation supporting any determination that a claimed allowable exemption under f 37238 applies. (ii) Data supporting the determination of whether a threshold under | 37235 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 A facility that meets all of the following criteria for a calendar year ia a covered facility for that calendar year and must report under I 37230. (a) The facility has 10 or more full time employees. (b) The facility ia 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 faciUty fa a multiestablishment complex where all chemical, except as provided in f 27238. (d) When a facility manufactures, processes, or otherwise uses more than one member of a chemical category listed in I 37235(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 '1 ' 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 hat processed or used more than an applicable threshold indications and quantity on site establishments have a primary SIC code of the chemical, the owner or operator of reporting for each toxic chemical." ''v *r; uf 20 through 39. - i- -the facility shall count the amount of the '' including datea of manufacturing, (3) The facility is a multi- chemical added to the recycle/ntose processing, or use. establishment complex in which one of operation during the calendar year. In (v) Documentation supporting the the foUowing is true: - particular, if the facility starts up such basis of estimate used in developing any (i) The sum of the value of products an operation during a calendar year, or release or off-site transfer estimates for shipped and/or produced from those in the event that the contents of the- each toxic chemical. . . -:zr~ establishments that have a primary SIC whole recycle/reuse operation are (vi) Receipts or manifaata associated codeof 20 through 39 la greater than 50 replaced in a calendar year, the owner with the transfer of each toxic chemical percent of the total value of all products or operator of the facility shall also in waste to ofT-site locations. shipped and/or produced from all count the amount of the chemical placed (vii) Documentation supporting establishments at the facility. into the system at these times. ' reported waste treatment methods, (11) One establishment having a (0 A toxic chemical may be listed in estimates of treatment efCdendea. ranges of influent concentration to such primary SIC code of 20 through 39 contributes more in terms of value of { 37235 with the notation that only persona who manufacture the chemical. treatment the sequential nature of treatment steps, if applicable, and the actual operating data, if applicable, to support the waste treatment efficiency slimate for each toxic chemical. products shipped and/or produced than uny other establishment within the facility. (c| The facility manufactured (including imported), processed, or - or manufacture it by a certain method., are required to report In that case, only owners or operators af facilities that manufacture that chemical ar dascribed in | 372:85 in excess of the threshold (b) Each person subject to the otherwise used a toxic chemical in applicable to such manufacture In notification requirements of this part excess of an applicable threshold i 37233 are required to report In HOC 69A 92053 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 'or 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 (jcility. Owners and operators of facilities that solely process or use such a chemical are not required to report for that chemical. 1"1 A toxic chemical may be listed in 5 372.65 with the notation that it is in a specific form |e.g.. fume or dust, solution, or friable) or of a specific color (eg.. yellow or white). In that case, only owners ur 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 i 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 1372.65 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 i 37225 are met for' metal compound category, the owner or operator of a facility must make the threshold determination baaed on the total amount of all membera of the metal compound category manufactured, processed, or used at the facility. In completing the releeae portion of the reporting form for releases of ths metal compounds, the owner or operator is only required to account for tha weight of the parent metal released. Any contribution to the mass of ths releaat attributable to other portions of each compound in the category is excluded. { 37220 npuiUrg requirements and schedule tor reporting. (aJ 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 | 37222 for a calendar year, the owner nr operator must submit to EPA and to the State in which the facility is located e completed EPA Form R (EPA Form 9350-1) in accordance with the nsi ructions in Subpart E. (b)UIThe owner or operator of a revered 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 e 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 3 372.25 at the facility as part of that mixture or trade name product. (2) The owner or operator kncwithat 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 (ii| 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 conleins 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 i 372.23 at the facility, the owner or operator shall consider only the portion ol 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 use* 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 rt 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 f 37225. 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. (iil 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 other-vise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(i) of this section, and shaii report as provided in paragraph (b)i3](ij of this section. (iii) If the owner or operator knows the specific chemical idenutv of the toxic chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product, hai cot 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 tha 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 ol 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 f 37225. the owner or operator shall report ths 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 instruction! in Subpart E. (v) If the owner or operator has been told that e mixture or trade name product contains e toxic chemical does not know the specific chemical identity ol-lhe chemical and docs not know the specific concentration at which (he chemical is present in the mixture or HCC 69A 92054 4528 Federal Register / VoL 53, No. 30 / Tuesday. February 16. 1938 / 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 facility may report releases of a specific toxic chemical to an environmental. medium, or transfers of wastes ... . containing a specific toxic chemhal to an off-site location, of less than LOU the definitions of "article'' and "release" in 13722. If a release of a toxic chemical occurs as a result of the processing or use of an item at the facility, that Item docs not meet the present la 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 does 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 themeelvee 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 pounds using the ranges provided in the form and instructions in Subpart E-For reports applicable to activities in calendar year 1990 and beyond.these ranges may not be used. definition of "article." (c) Uses. If a toxic chrmiral is used at a covered fatality fora purpose described in this parapaph (cl a person is not required to consider the quantity 137228 Exemptions. (a) De minimis concentrations ofo toxic chemical in a mixture. If a toxic chemical is present In a mixture of chemicals at a covered facility and the toxic chemical la in a concentration in the mixture which is below l percent of the mixture, or 0.1 percent of die 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 f 37225 or determining the amount of release to be reported under 137220. This exemption of the toxic chemical used for such purpose when determining whether an applicable threshold has been met under f 37223 or determining the amount of releases to be reported nnder | 37220. 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 ae described in this paragraph (cl in excess of an applicable threshold quantity set forth in j 37223. the person is required to report under | 3722a (1| Use as structural component of required to report with respect to that applies whether the person received the the facility. toxic chemicail mixture from another person or the (2) Use of products for routine (c) A covered facility may consist of person produced the mixture, either by janitorial or facility grounds more then one establishment The mixing the chemicals involved or by maintenance. Fjtamplws include use of owner or operator of such a facility at causing a chemical reaction which janitorial cleaning supplies, fertilizers, ihich a toxic chemical was rusulted.in the creation of the toxic and pesticides similar in type or manufactured (including importedl* chemical in the mixture. However, this concentration to m,,m~r product*. processed, or otherwise used in excess exemption applies only to die quantity (3) Personal use by employees or of an applicable threshold may snbmit a of the toxic chemical present in the other persons at the facility of foods, separate Form R Tor each establishment mixture. If the toxic chemical is also . drugs, cosmetics, or otherpersonal Items or for each group of establishments .. manufactured (including imported), containing toxic chemicals, including within the facility to report the activities processed, or otherwise used at the supplies of such products within the involving the toxic chemical at each covered facility other than as port of the facility such ae in a facility operated establishment or group of mixture or in a mixture at higher cafeteria, store, or infirmary. establishments, provided that activities concentrations, in excess of sn (4) Use of products containing toxic involving that toxic chemical at all the applicable threshold quantity set forth in chemicals for the purpose of maintaining establishments within the covered facility ere 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), f 37225. the person is required to report under f 3722a (b) Articles. If a toxic chemical is present in an article at covered facility.' a person is not required to ........ consider the quantity of the toxic motor vehicles operated by the facility. (5) Use of toxic chemicals present In process wster snd non-contact cooling water as drawn froerthe environment nr from municipal sources, or toxic chemical present in euch article when chemicals present tn air need either as determining whether an applicable compressed air or as part of combustion. threshold has been met under f 37225 or (d) Activities in laboratories. !f a toxin determining the amount of release to be chemical is manufactured, processed, or reported under 137220. This exemption used in a laboratory at a covered facility processed, otherwise used, or released at that establishment or group of applies whether the person received the under the supervision of i technically article from another person or the qualified individual as defined in establishments. person produced the article. However, (d) Each report under this section for this exemption applies only to the 17203(ee) of this title, a person is not required to consider the quantity so activities involving a toxic that ' quantity of the toxic chemtnl present in manufactured, processed, or used when occured during a calendar year at a the article. If the toxic chemical I* covered facility must be submitted on or manufactured (including Imported), determining whether an applicable threshold has been met under 137223 or before |uly 1 of the next year. The first processed, or otherwise used at the ' determining the amount of release to be such report for calendar year 1987 covered facility other than ae part of the reported under { 3722a This exemption activities must be submitted on of before article, in excess of an applicable does not applyin the following casern <ly 1.1968. threshold quantity set forth in { 37223. (1) Specialty chemical production. e) For reports applicable to activities the person is required to report under (2) Manufacture, processing, oruse of . calendar years 1987.1988. and 1989 f 3722a Persons potentially subject to toxic chemicals in pilot plant scale only, the owner or operator of a covered this exemption should carefully review operation!. V HCC 9A 92055 Federal Register / Vol 53. No. 30 / Tuesday. February 16. 1968 / Rules and Regulations 4529 (3) Activities conducted outside the `aboratory. (e) Certain owners ofteasedproperty. The owner of e covered facility is not subject to reporting under 137230 if such owner's only interest in the facility is ownership of the reel 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 coda 20 through 30 where the owner has no other business interest in the operation of the covered facility. (0 Reporting by certain operators of establishments on teasedproperty 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 e single facility, each such person shall treat the establishments it operates as a facility for purposes of this Part The determinations in | 37222 and i 37223 shall be made for those establishments. If any such operator determines that its establishment is a coveted facility under I 37222 and that a toxic chemical has been manufactured (including imported), processed, or otherwise used at the establishment in excess of an applicable hreshold in I 37223 for a calendar year, the operator shall submit a report in accordance with { 372J0 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 persona by a third person. Subpart C--SuppBer Notification Requirement __ {37243 MoMMcetion about mate Ctliffittils (a) Except as provided tn paragraphs (c). (d). and (e) of this section and I 37265. a person who owns or operates a facility or establishment which: (1) 1s in Standard Industrial Classification codes 20 through 30 as set forth in paragraph (b) of 137222. (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 I 37222 or (iij to a person who in turn may sell or otherwise distributes such mixture or trade name product to a facility Jescribed in I 37222(b). must notify each person to whom the mixture or trade name product it told or otherwise distributed from the facility or establishment in accordance with paragraph (b) of this section. (b) The notification required tn paragraph (a) of this section shall be in writing and dull 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 IH of this Superfund Amendments and Reauthorization Act of 1066 and 40 CFR Part 372 (2) Tha name of each toxic chemical, and the associated Chemical Abstracts Service registry number of each chemical if applicable, as set forth in 137263. (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 1373.65 with an effective date of lamiary 1.1067. 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 each mixture or trade name product to each recipient in each calendar year beginning January 1.1960. (2) For a mixture or trade name product containing a toxic chemical listed in I 37263 with an effective data of fanuary 1.1080 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 wtth 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 tha person shall provide each recipient of the changed mixture or trade name product a revised notification reflecting the change srith tha 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 pisviosuly sold or otherwise distributed to another person during the calendar year of tha discovery contains one or more toxic chemicals and (ii). that any notification providied to such othsr 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 tha percent by weight of any of the toxic chemicals in tha 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 desoibed 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. (3) 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. tha 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 { 37236(a). (2) If a mixture or trade name product is one of the following (1) An ``article'' as defined in | 3723 (ii) Foods, drugs, cosmetics, alcoholic beverages, tobacco, or tobacco products packaged for distribution to the general public. (iii) Any consumer product as tha term is defined in the Consumer Product Safety Act (15 U.S.C. 1231 et seq.) 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 20 CFR 1910.1200. the notice shall contain a generic chemical name that is descriptive of that toxic chemical. (I) If the parson 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 tha Restatement of Torts section 737, 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 HCC 69A 92056 4530 Federal Regater / Vol 53, No. 30 / Tuesday. February 18. 1988 / Rule* and Regulation* ihe product to be a trade secret. The distributes that mixture or trade name categories. This section contains three notice would indicate that the toxic product to another person. listings. Paragraph (a) of this section is chemical is present in the mixture in a fh) If two or more persons, who do not an alphabetical ordm'liating.of those . concentration of no mare than 15 have any common corporals or business . chemicals thathava an associated - percent byweighLTha opper bound - - - interest (including common ownership Chemical AbstractsSerrice-fCAS) ' value chosen must be no larger than - or control), as described in H7238(f)L-. Registry number.-Paragraph (b) of this necessary to adequately protect the operats separata establishments within - section containa-a CASjmmber order trade seoet- - :- a single facility, each such persons shall list of tha mechanicsIs listed In (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 treat the establishments] ft operates as s facility for purposes of this section. The determination under paragraph (a) of this section shall be made for those establishments. 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 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 Subpart D--Specific Toxic Chemical Lutings f 37235 ChttnlcaU and chsmlcal categoilas to which IMs Part appOea. have CAS numbers. Each listing identifies the effective date for reporting under i 37230. (a) Alphabetical lilting. of a mixture or trade name product and The requirements of this Part apply to the person in turn sells or otherwise the following chemicals and chemical i-hauLl QttmcaJ name ft*. ! n---------a .a.. a _ Bu>.**%*> -------------- ----------- CAS N& Effctv tfat* 79-07-0 6Q.3S-S 67-64-t 79-09-6 53-66-3 107*02-6 79-06-1 79-10-7 107-13-1 01/01/67 01/01/47 01/01/47 01/01/47 01/01/47 01/01/47 01/01/67 309-00-0 107-09-1 7429-90-5 01/01/67 01/01 f%7 01/01/67 . 117-79-3- 01/01/47 * LM.1 01/01/47 92-47-1 ` 01/01/47 2-29-0 ' 01/01/67" 6464-52-2 01/01/67 7763-20-2 62-53-3 90-04-0 01/01/67 01/01/67 01/01/67 104-94-9 01/01/67 134-29-2 120-12-7 01/01/87 01/01/87 7440-36-0 01/01/87 7440-36-2 01/01/67 1332-21-4 01/01/67 7440-39-3 96-67-3 01/01/87 01/01/67 55-21-0 01/01/67 71-43-2 01/01/87 92-47-6 01/01/87 94-07-7 MMl 01/01/67 01/01/67 94-360 100 44.7 01/01/67 01/01/67 7440-41-7 01/01/67 2-52-4 01/01/67 943-46-1 106-40-1 01/01/87 01/01/47 01/01/47 103-23-1 01/01/67 75-25-2 01/01/67 : 74-43-6 106-46-0 01/01/67' 01/01/67 14MW 01/01/17 71-36-3 . . 01/01/67 79-62-2 01/01/87 79-69-4 01/01/67 65 66 T 01/01/67 106-44-7 01/01/67 129-72-4 01/01/67 HCC 69A 92057 Federal Register / VoL S3, No. 30 / Tuesday, February 16. 1988 / Rules and Regulations 4531 Chameai narna CAS No { Snacava | data C l. Aod Bfcj* 9. dtaavnoram aali_____________________________ __ _ _________________ , Cl Aod 8ba 9. aaodum Mtt - -- _____________ | C.i. Aod Oaan 3---------------------------------------------------------------------------------------------------------------------------------- - __________ j C.I. Bnc Graan 4 - -- ._ C l. Baoc Rad 1` C.i Oraa ftiac* 39I C.I Oract Bba 61 C L Ovact Brown 99 - --- - - ------ - - .| C.t Onearaa Yaow 3 C.i Pood Rad 5 Cl. Food Rad ** ........-- -------- -- C l. SoMrt Ora09a 7 Ci SoAara ------- ------ -J 0*tny pnatauta 2650-16-2 3944-45-9 4690-78-9 $60-64-2 999-39-9 1937-37-7 2602-46-2 19071-96-4 2632-40-8 3781-53-3 91-46-4 3119-97-4 97-56-3 942-07-9 492-90-4 126-66-5 7440-43-9 159-62-7 133-06-2 63-25-2 75-15-0 56-23-5 463-58-1 120-90-9 133-90-4 57-74-9 7762-50-5 10049-04-4 79-11-9 532-27-4 109-90-7 510-15-9 75-00-3 67-99-3 74-97-3 107-30-2 129-96-9 1997-45-6 7440-47-3 7440-49-4 7440-50-4 120-71-4 1319-77-3 106-39-4 95-46-7 106-44-5 96-92-9 80-15-9 135-20-6 110-92-7 94-75-7 1193-19-5 2303-19-4 615-05--4 39159-41-7 101-40-4 22378-45-4 95-90-7 334-49-3 132-64-9 96-12-9 106-93-4 94-74-2 25321-22-9 95-50-1 541-73-1 106-46-7 91-94-1 75-27-4 107-06-2 540-59-0 75-09-2 120-63-2 76-97-5 542-75-9 62-73-7 115-32-2 1464-53-S 111-42-2 177-81-7 94-45-2 01/01/67 01/01/67 01/01/97 01/01/97 01/01/97 01/01/97 01/01/97 01/01/97 01/01/87 01/01/97 01/01/87 0U01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/87 01/01/67 01/01/67 0t/01/67 01/01/87 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/67 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/97 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 01/01/97 01/01/97 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/97 01/01/87 01/01/87 01/01/87 01/01/67 01 /01/67 01/01/67 01/01/87 01/01/67 01/01/67 01/01/67 HCC 69A 92058 4532_____ Federal Registar / Vol. 53. No. 30 / Tuesday. February IE. 1988 / Rules and Regulations oi|i ____________ 3J -Q wMhnejhemi4ni JJ-CWnafrytiaHirtna MOaiUbiyl 2.4-0iroprangt__ 2.4-Qaaaoio*i*ana 2.^QnrtrotttKw- ^O^ctyi pnmauta - * 4-Oaw_ 1,2-&pftaninr*ar.a 0 hwtiooaruaria) _ tc-coforyfvi - - ________ Z-EtfttfYvffwoi___________ ____ *aya:4_____ -- __________ ETiyfeaniant_____ - ... .____ .,- Etriy* cWOFOWm^tt_____________________ Etoyten#___________ ___________________ ElftytanaftyC'*EfrytanaaranaUUndaW. Ethytm oxkm_ Ediytana - FMjonmvan (Uraa. ftN Omatry N (3-<trVfcxiamaflyy0pr>arty0-l ~ Poravodaftyda- Fnon M3 CEmana. l.U4tMoi>ll2-ff*d>] - 4.5A7.BJ napttoaoro l.4.7.7a laaafyfrp <.7-nwrno.iw^^a}. `laiaTaraoaviana MaaafaaBnapftOiaiana___ Haiaiaav^ip/waphcnffada- drama sulta)a_ i M*ropin cyaaa Hv4ro9i fluonda. HydfO t*xn*t_mc&Ki (Only paraona who manuUckn by Via ntmg aod pnyaw ara ad*aa no uppfear netfcMft.)-- uwana (Cyduhanna. lA3.4A6^Tammn) (1 -alpha T rtpha-JAaia-* aha .5,atpfta..6bai4.)l. 4aic h;Ond -- v-mad (Cartoamodiarvoc aod. li-maMdybo. wangirwit oompaaj.. _________ ui/cuy____________________________________________________________ Nieihand---- ------------- ----------- Uathoaycraor CDanaana. I.r- 2-MctfoiyoVianol. uavvyi acrytaw^ iwy Mrvouryl afear ________ * 4 Uip^iifwiT-dlaro andna) (WBOCA|_ j 4 nnnj<aH*m*4Hia0y) bamanarana aMMBV)----------- 4 4 .W Matty ay katana . Malty ndOa . Maoy aocyaraia - UdPyi maanarnna M^Mar'i mow -- OS No 64-47-5 M 01/01/87 1IM04 *' 01/01/87 MT.7 *01/01/87 11M3*r 01/01/07 78-44-7 01/01/87 S7-I4-7 01/01/07 100474 01/01/07 131-11-3 01/01/87 77-73-1 01/01/87 &34-S2-1 01/01/87 51484 01/01/87 121-144 01/01/87 806-20-2 01/01/87 117-44-0 01/01/87 123-01-1 01/01/87 122-00-7 01/01/87 106-80-0 I 01 *91/87 110-00-4 01/01/87 100-U-4 01/01/87 01/0'.'87 541-41-3 I 01/01/87 74-85-1 01/01/67 107-21-1 j 01/01/87 151-56-4 j 31/01/87 75-21-8 01/01/97 96-45-7 I 01/01/87 2104-17-2 ; 01/01/07 0t/01`87 70-13-1 f 01.TJI-97 01/01/07 118-74-1 I 01/01/07 87-40-3 01/01/87 77-47-4 01/01/07 07-72-1 01/01/87 133S-47-1 | 01/01/87 000-31-8 01/01/87 332-01-2 S 01/01/87 01/01/87 7047-01-0 01/01/87 74-904 01/01/07 7804.30-3 01/01/87 123-314 01/01/07 01/01/07 07-034 01/01/07 80-05-7 01/01/07 7430-62-1 01 *01/97 01/01/87 100-314 | 01/OW87 12427-38-2 I 01/91/87 7430-96-S 1 01/01/07 108-78-f I 01/01/87 7439474 | OT/Or/87 67-50-1 j 01/01/87 72-43-5 I 01 /Ot/07 01/01/87 -33-3 01/01/87 101-14-4 01/01/87 01/01/07 10141-1 101404 01/01/87 01/01/07 74454 101-774 01/01/87 01/01/87 70-934 01/01/87 01/01/07 01/01/87 Ol/Of/87 01/01/87 01/01/87 01/01/87 1313474 01/01/87 01/01/87 91-204 01/01/87 134-32-7 01/01/87 91-904 01/01/87 7440424 01/01/87 7097474 130-134 01/01/87 01/01/87 01/01/87 01/01/97 92434 1830-75-5 01/01/87 01/01/87 HCC 69A "92059 Federal Ragisler / Vol. S3. No. 30 / Tuesday. February 16. 1988 / Rales and Regulations 4533 0*mcal nanw CAS Mo. Effactw* St-75-4 55 CQ 00-75-5 too MJ 156-10-5 12V49-7 024-10-3 $$.144 42-75-4 46-30-4 421-44-7 50-40-2 750-73-0 60J-W-4 10543-55-4 WO-75-4 2234-13-t 20014-12-0 56-344 07-40-5 79-21-0 104-00-2 104-00-3 00-43-7 75 44 S 7064-30-2 7723-14-0 45 44-0 44-40-1 1330-36-3 1120-71-4 07-57-4 123-34-4 114-24-1 110-07-1 75 55 4 75-56-4 110 44 1 91-22-5 10441-4 62-44-4 41-07-2 64-54-7 7742-40-2 7440-22-4 1310-73-2 7707-42-4 100-42-5 94 04-3 7444-43-9 100-21-0 70-34-S 127-19-4 7440-34-0 62-56-5 130-05-1 62-55-0 1314-20-1 13443-47-7 7040-44-0 100-40-3 aar Si a 11407 5-53-4 430-21-5 4001-30-2 40-74-0 52-44-0 - 120-43-1 71-50-4 70-00-5 70-01-4 05-40-4 1042-00-0 95-63-4 120-72-7 51-70-6 01/01/47 01/01/47 01/01/47 01/01/47 01/01/07 01/01/47 01/01/07 01/01*07 01/01/07 01/01/07 01/01/07 01/01/87 01/01/07 01/01/07 01/01/87 01/OV87 01/01/87 01/0W87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/07 01/01/07 01/01/47 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/07 01/01/87 01/01/47 01/01/67 01/01/87 01/01/47 01/01/47 01/01/07 01/01/07 01/01/47 01/01/47 01/01/47 01/01/07 01/01/67 01/01/07 01/01/87 01/01/07 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/07 01/01/87 01/01/07 OT/Of/87 01/01/87 01/01/07 01/01/67 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/07 01/01/47 01/01/47 01/01/07 01/01/07 01/01/67 01/01/47 01/01/07 Ol/0t/47 01/01/07 01/01/07 01/01/17 01/01/07 HCC 69A 92060 4534 Federal Register / VoL 53. No. 30 / Tuesday, February 18, 1988 / Rules and RegulaUons VaM4M|hmor4| Ommemrntm V--b--ad*fMMMa . -i ^. wViilaM A-Xytan* 9 <L.44a tCMft--wnri*r tad. U t*nai6i#*i BnenrwrtMl .- . 1 CAS No. " '" CtaOwa data 12122-57-7 01/01/67 (b) CAS Number lifting. CAS No. Qtamaf nama -------------------------------------------------------------- _ - -- 51-7V2 Wagw nM t?-CMoroAHr-a<oroCT>0 M --giyWewwiw--1 si-7-e Unm (Em* ir-tunn)______________________________________ TiU--rton (Phoaplndc add. g^2---eWoro-l-^yOrmygVH--1--^y1 Ml SS*1M 35-214 55-0-0 55-25-6 5545-2 $7-14-7 57-67-5 $7-74-5 H$O5,0505-2j 65-11-7 CatOlt *--ddflriila---------------- PaiaWan CPIaWnraWoic add. OjQ dadiiil 0 (I wantinan>l)aa-- 1. --I, IWOTIfl a^MM ----.--........................................................................... -------- --- --- _. OMana (4.74MtimM*i ___________ UnWna COydohaiant. 1Xa.4SManeMd(lalpna^alptiaJMa.jpna^at)t--Abao ****--T*"*"* _ _ -- Mtfhyt H)OVM. 62-63-2 62-79-7 62-75-5 0*252 54-57-6 67-56-1 67-53-0 67-54-1 67-56-3 57-72-1 55-75-5 71-35-3 71-43-2 71-S5-5 72-43-5 74-53-5 74-55-1 74-57-3 ubww irnoaras uvonwaniii onmjv imrj. Ilf*aa4il.|h. CmtarH Cl WigWOnal. i--%4arttOMia]_______________ OWiH^a---------------------------------------- odk*wF ****** <**f wns iwukot vf ww mng a in** n Mpa. msv noacnan nw TMauona [?,XVrtnhanfla l.4^ona.2AS-6Hl-iarttni4H 1.1.1-TritfitariWna <Ma5*l <**-------IlitmuWg CBarearw. 1,1*<tl2>5<tf6wo65ijl54W)f (44fMa^] Breorehana (Maffr^ tram______________________________ 74-66-3 75-06-3 75-01-4 75-05-5 7347-0 75-06-2 7V19-0 75-21-4 76-264 73-27^4 7S-3S-4 77-13-1 Ffaon 113 (Effana^t.l*tcMof>l.2J-l*iBrl___________ 75-44-5 r C1.4JUJJJ MapfcWow 35.4J.76 *****a 4.74 77-47-4 rl_ Eflae* 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/57 01/01/57 01/01/67 01/01/57 01/01/57 01/01/57 01/01/57 01/01/57 01/01/67 01/01/57 01/01/57 01/01/57 01/01/87 01/01/57 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/57 01/01/17 01/01/67 01/01/57 01/01/67 01/01/57 01/01/57 01/01/57 01/01/17 01/01/57 01/01/57 01/01/57 01/01/57 01/01/57 01/01/57 01/01/17 01/01/57 HCC 69A 92061 Federal Register / Vol. 53t No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4535 CAS NO. Ct-alfim 77-76-1 76-64-2 74-67-5 74-92-2 78-93-2 liatf* iyi k*nm 79-OT-5 79-01-6 79-06-I 79-10-7 | Acn*c aod. 79-11-4 ! ' 79-21-0 I Pwacvac aod 79-34-5 1,122'Tmcmomnt. 79-46 9 | ------------- 60-05-7 I 4 lnfnp;fcrtanf>ninn< 60-15-9 Cunwno fiyeoptroaoda ----------- . - - 60-42-4 MHH)1 mttftterytata._________________________________ 4V-07-2 Stcenann lorvy parson* wtto ffwUKkn art sutspo. no 61-44-4 I C.L Food Rod 15______________________________________ 62-24-0 I i4Uwn2 T>imyininriqMfmn#______ 62-46-4 i Ournonrw (Pw\ucf*cronrt/ooonznJ.. 64-46-2 I >** pMitfai*_____________________ 64.74-2 | Oeuiyi pnmsitM_____________________ 65-44-6 65-69-7 6utyi bdrvyi pnewtsts _ 66-30-6 iv fiiiofinirinonjiinio . 67-42-7 2.4-XyHma- 67-46-0 HaiscMorei.3-6uisasns. 97-66-5 Psntpgsorcphanol (PCP)_ 66-04-2 2.4,6TndHoropnano . 64-75-5 44-49-1 Pcnc sod, 90-04-0 o wdw. 90-40-7 90-94-6 Mem's knont_______ 61-06-7 To*yn-2,6-i<iix;nm 91-20-3 mfWhtum 91-22-5 91-59-6 0U44-1 92-52-4 Rif***? 92-47-1 92-67-5 92-93-3 A -- --- ----- |J 9406-0 94-59-7 94-75-7 95-47-6 95-44-7 95-50-1 95-53-4 95-43-4 9500-7 95-95-4 96-12-4 noHninnt U2 psnoso--ini T(2HKns.l.l-dom). 97-56-3 94-07-7 99-59-2 100-02-7 100-21-0 ,-nr........ 100-75-4 10101-1 0*-60-4 10303-1 104-44-4 106-44-6 -- ------------- --- - -- - EHOOwt d*t 01701/67 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/87 01/01/07 01/01/87 01/01/67 C12 l 01/01/07 3 01/01/67 01/01/67 01/01/07 01/01/07 01/01/67 01/01/87 01/01/87 01/01/67 01/01/07 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/07 01/01/07 01/01/87 01/01/07 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/07 01/01/87 01/01/07 01/01/67 01/01/67 01/01/07 01/01/67 01/01/67 01/01/67 01/01/07 01/01/07 01/01/07 01/01/87 01/01/87 01/01/67 01/01/87 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/07 01/01/87 01/01/47 01/01/47* 01/01/47 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/07 01/01/07 HCC 69A 92062 4536 Federal Register / Vol. 53. No. 30 / Tuesday. February 16, 1988 / Ruler and Regulations CAS No. OmMum Eltidhi 101-41-7 101-40-3 10141-4 - 10141-7 1 9AY-- --* 101 $9 1 101-13-4 i ?-n-- 106-H-0 107424 10745-1 10741-2 107-13-1 107-21-1 107-314 10149-4 101-10-1 >!< haanna 101414 10141-4 10140-1 108 11 3 10140-7 108454 10146 4 11042-7 111-424 -- -- - --- 115424 11741-7 nrf| ;*!f , j| 117444 1 tl404 ^ pi i 11143-7 * f-m- 120-714 120404 12042-1 120434 121*1^4 12241-7 123414 123-724 iivT/Mwl 121414 132444 13340-4 T 34414 jj p |.|| . ---^ - ~*~f~ 135404 131-134. HI ^ ^ 301404 541-73-1 1 MdMbnrn.______--, ....----------------------------------------------------------------------------------------------------------------------:----- * 01/01/17 `01/01/17 .. 01/01/17 .* 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/87 01/01/87 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/0t/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/87 01/01/87 01/01/87 01/01/17 01/01/17 01/01/17 01/01/87 01/01/87 01/01/87 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 ,01/01/17. 01/01/87 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/87 01/01/17 01/01/17 01/01/17 01/01/17. 01/01/17. 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 01/01/17 ( HCC 69A 92063 Federal Register / VoL 53,, No. 30 / Tueeday. February 16. 1988 / Rules and Regulation* 4537 CASfia 542-7S-C 1 lUr--1--nfyn. 56864.2 60MM 615-05-4 621-64-7 624-09 (34-21-5 680-31-9 6*4-*3-4 7**-73-0 042-07-0 924-10-3 rL c* HiMfi 4 14 900-30-4 r i ft--r- awl i 1120-73-4 1163-10-5 010-73-2 013-27-5 014-20-1 0:0-77-3 1230-20-7 032-21-4 1335-47-1 1330-30-3 i344-:o-i 1464-43-5 1502-09-0 | '634-04-4 U**iy< KMTOUtyl ftthAT 1630-75-5 1697-45-0 1937-37.7 2234-13-1 2303-10-4 2602-46-2 2650-18-2 ----- _-------- ------------- 3110-97-6 3781-53-3 3044-45-0 4080-70-0 6404-52-2 7429-00-6 7430-82-1 7439-90-5 7430-07-0 7440-20-0 7440-36-0 7440-30-2 7440-39-3 7 140-47-3 7J1O-S0-4 7647-01-0 7804-30-2 7604 03 6 7723-14-0 '6M3-6S-0 Oumai mum EHtcM 0AM OI/Qt/07 01/01/17 OT/OY/07 01/01/07 01/0t/07 01/01/07 01/01/07 01/01/07 01/01/07 Ol/Ot/7 01/01/07 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/Cl/07 01/01/07 j 01/C1/87 01/01/87 01/01/87 01/01/87 01/01/37 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 Q1/01/07 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 01/01/07 01/01/87 01/01/87 01/01/07 ot/oi/or 01/01/07 01/01/07 01/01/07 01/01/07 01/01/07 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 HCC 69A 92064 4533 Federal Register / VoL S3, No.. 30 /'Tuesday. February 16. 198ff / Rules- and Regulations- CASJia 2M1A-I2-6. S32t^24 2STO-4S-4. arnmM-rmm EftMSM dtt* oisoi/sr : 01/01/97 (e) Chemical categories inalphabetical order. HCC 69A 92065 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1968 / Rules and Regulations 4539 Subpart E--Forms and Instructions | ]7US Toxic cti--ilcsl rleaas reporting form and Instructions. (*) Reporting form. un coee w o HCC 69A 92066 4540 Federal Rag&ter F Vot 53: Na. 30 / Tuesday. February 1& 1988 / Rule* and Regulations Fann Apermd OMB Na.: M7B-IHW1 (fmportgjii.- Typr ar print: read inantctions btfort completing form.) Appnml Exprt.____ Pacaat _____ US. EnviroaiMnul Protection. A[racy _ . ----- oB% TOXIC CHEMICAL RELEASE INVENTORY REPORTING FORM Section 313. Tale of The Superfund Amendments end Reeuthorizetion Act of 1986 EPA FORM R (tta* M Mr CPA MW wtp.l PART I. FACILITY IDENTIFICATION INFORMATION 1. n Ym (Anatwr 1.2} | ] Ms <0a nee anew t.2l 1.2 n ow a eoMMsaa oaayT *- ~ | 1.3 Hoewi v*v 1 2. CERTIFICATION (Real u4 ii|a tliw co|iluii| oil Melions.) 1 hereby certify that 1 have reviewed the attached documents and that, uthe hast af my knowledge and belief, the submitted information is trot and complete and that the amounts and values in this report are secure b> based on reasonable estimates using data available to (he preparers ol this report. tui.u m mmmm mm m ... ar un ri.nw.r-. wa Oase tom J. F ACIUTY IDENTIFICATION Faodtfy or InuMmM Nome 1 f 1 Svoo< Mam 3.1 Cfty Cawni , PI Mtamooaamrad taedityi 3.2 j^| Part at a w-- h*a- auw facnraaai Camam 3.3 'bwane Cement 3.4 3.1 *** * - * -/ J__ I__ L 3.4 Oof. MN. t I11 I > l-l ZmCaao ___ I___ 1 11___ l-t *___ L * < < I - I I * * I I I --I- ua NA| * *- * i- i-* * * * J__ ******** *--I-- iron rwm >wm> -1__ L i iiii r t > i till I UrMffld! er Wi Mni) i t i i -l- i J- l- ,, I. 1 > i 3.10 c. MaffMMi t^NMi wen Cam RJG) tameMai 3.11 1* f11 * tt tI I 4. PARENT COMPANY INFORMATION PVMCPWYlOtNUraMMMf* 4.2 *1 111 =PA Form Utt-1 (1-M) HCC 69A 92067 c. L/ Fedetal Repwter / Vol 53> No. 30 / Tuesday, February 16. 1986 / Rules and Regulations (h'\portunt: Type or prim; read instructions before completing form.) REPA FORM PART II. OFF-SITE LOCATIONS TO WHICH TOXIC CHEMICALS ARE TRANSFERRED IN WASTES F*a IFS 4541 1. PUSUCLV OWNED TREATMENT WORKS fROTWJ F0*ty Nam* tl'1 AUQflll Cty Com? Sis* z* 1 111 HI 11 2. OTHER OFR-SHT LOCATIONS - Number thoao laaaUona aaouontMily on tnie and any additional 0090 or thla form you usa. Other off* site location {Pa MW<iijlisn Nimr IRCAA O *. | rcH>ty Nmtrm S'rMI MPMI Cny C**y Slate Zd I___!_ it i-i i ii Wltfi |M BOW a anaiai taoaty r knn oom "m No j i Oihar off-alto location ;a aiHcitawnnwi meno O. no.) [ t J___1___L. I ' l l I___1___L_ rtC<My Hama Kir.* AOVM. Crty earn Stao z _1__ L_ i r l-l l * auiR vmom mrmrmI at n--i wp tacO iy or oeram am- YM 1 ! | Other oft-slto location - EPA BMIHUMR Maw IRCM O. Ni | () | 1 1 1 1 1 1 1 1 Ftcutff Noma 1 1 Sum) avMi C.y till* Cown 20 f 1 11 ft 1 ' 1 ' Et-A Form 93SO-l(1-M) HCC 69A 92068 4542 Federal Register / VoL 53. No. 30 / Tuesday, February 16,1988 / Rules and Regulations . MAXIMUM AMOUKT OF THE CHEMICAL ON SITE AT ANY TIME OUWINO THE CALENDAR YEAH m i S. RELEASES OF THE CHEMICAL TO THE ENVIRONMENT A. Total Rdoi lte*/yr: You may raport rtlsasas of las* than 1.000 tot. toy chactanq rangaa taidor A.1. A.1 flaportHQ Rang** S.l Fugltlvo or non-point air tmlniont S.la S.2 Stack or point air omission* S.3 Dlscharpoa to water (Cmr ana oaa* Am I tepaw J. 10 la wnawiOl.l 5.3.1 j j ____ rLJ1 5.3.1a 5.3.2a i.a.j Q 4.3.3* $.4 Underground Injection S.S fUloasoo to land aa.ccd- ..ufin. 5.4a S.S. la UJl S.S.3a A.2 Entor Ettanata ft. Baals of Eatlmata lomar coda) n.ib C. % From Siormwrato S.a.te 5.3.20 S.3.3d * S.S.1b %.iJ ** EPA Form S3S0-1M-SSJ HCC 69A 92069 Federal Register / Vol. 53. No. 30 / Tuesday, February 16.1988 f Rule* and Regulations R.EPA FORM Put III (Continued) TRANSFERS OF THE CHEMICAL IN WASTE TO OFF-SITE LOCATIONS riegM 4MTA.I, A.Total Tranafaro IWfyr) A.1 ftaponng fUngaa 9 4^99 100 >99 A.3 Enter Eoumato ft. Baaia of Eittim (onto* code! 6 1 OwmtwNTW l.ib Q 8. 2. OESi*mTpmSt T*mTSikSimSri.. r""l .2b S 3 Omar td'ww mamttm f""l from i >cimw 3.1 6.4 Ofrr h.iw taeatMn r~| iCmm men t fJ RwaFvtv faaoiM 1 *. .4b n fCNacfc * adtfUona* Wonnation kv pronoad on Fart IV-TwplOfflaWal information! Q Q C. Typo of Treatments Diapool (amor coda) (le 1 1 1 I .Je ( 1 1 ,4C L Ml 4543 7. WASTE TREATMENT METHOOf AND EFFICIENCY A.Ganaraf wasioatraam (near cade} E. Trealrware Matnod lantar coda) C.Aanpa of influent Concentration O. SwmiiM Treatment? fence** 7 la 7- 1 1 1 7.2a 7.*b | | | 7.3a IM 7.1c 7.id 7.2c 7.2d J.Je 7.3d E. Treatment efficiency Ettimata 7.1# 7.2o 7.3a % % % F. Saaad on Oparanno Data? v* Na 7.if 7.2f Q 7.3f 7.4a 1 II 7. So ' 1 1 1 1 7 la 111 7.7a 7 n> r~ ~~i 7 la 7- 1 1 7 9a > 1 I ( 7 10a 1111 7.1ta |T.Ub | | | 7.12a ' 1 1 1 I 7 13a 7, fill 7.14a r.i || | 7.4c 7. Sc 7.to 7.7c 7.be 7.9c 7.19c 7.11c 7.12c 7.13C 7.14a 7.4d 7.Sd 7.*d 7.7d 7.Id 7 9d 7.10d 7.lid 7.12d 7.13d 7.l4d 7 4a 7.5a 7.1# 7.7a 7 9a 7.9a 7.100 7.110 7.12a 7.13a 7.14a % 7.4f % 7.St % 7.f % 7.7f % 7. If % 7.9f % 7.10T % 7.Ilf % 7.12f % 7.13# % 7.141 (Owe* l add*ralMarmaaen *r** an Pan IV-Sne--rmnm MarmMen.) 1. OPTIONAI-INfOMAnOM OH WABTt MINIMIZATION (mtOcata actions tatian to reduaa mo mom* a# the inamtod So*"S roioaood from tn# facoty. Soo mo newtUone far cadad Rama and an awianation at ahat WormsBan to RcMa.) A. Tvoaal 1 wodEcrtw lamar ooool . OtianWr ai mo cRotwiaal 9* mo araetaawaan prior to Foaimara/SopoaN C. Mdaa O. Ratacm for action lamar code) m CvaTant rioentng yaw PbafyrT Wor yoar Pba/yrT i Of-M?*1* r , on =} EPA form MSO-l(l-M) HCC 69A 92070 4544 Federal Register / Vol. 53, No. 30 / Tuesday. February 16.1988 / Rules nd Regulation* (Important: Type or print: nod Instructions brfort compittint form.) REPA FORM PART IV. SUPPLEMENTAL INFORMATION Uh Mi fctfow * you nmuit niaepoiN wae* for anaann fa ewaffana ki Pant 1 and .. hga loti fTW mmm IvIWimmii.) -'-5 ...... ----------- ------ AOOmONAL INFORMATION ON FACILITY IDENTIFICATION (Faff 1 - Section 3) ___ *C CM M 3.S '11 III ____ III 3.7 i i -1 i i t-i i i it i -1 i i i-1 i i i (FA iwrtmiMW rfl ftCAAtO- *.| 3.1 1 111 t1111 1 1 i titrr*ii ti fsfoet Peww HMIMHII 3.9 1 7t1 1 11f Nm or Hibempi (vmr<ii r wiw Imtu) i i1i i iit 3.IQ c 4 L c AOOmONAL INFORMATION ON RELEASES TO LAND ( Fail 111 - Section t.f) Ratotsta to Land A. Total RoIomo (Oa/yri A1 Raparttig Rang-- 0 MN IDO Mi A.2 Enter Estimate 1 1 ----- S.S____a ... 1,1X1 <----- S.S a *_ Mil S.S____ a S. Baata ot (amar code) ns.s a * Q*____ AOOmONAL INFORMATION ON OFF-SfTE TRANSFER ( Part 10 - toonon t) A. Total Tranafart (toa/Rl '~ A. 1 A.2 * neffw ue>y n"1f a t-4ta ido w> Emor Caomata *___ oaanm a potv> I. a - - - B. Baala of C. Typo of TraMmant/ Estimate Ptaaopd (enter coda) lanareadal --------- -- -- 9. liMiiMi ' |FU tauotl || 1--J .___ a ( IOhhOm IN>IMai iaNw. IMomwmirotii2.1 piII i.___a *--J s.___ s. c LJ ..J____1 1 1I1 ADDITIONAL INFORMATION ON WASTE TREATMENT (Fart III - Section T) A. General Waataatroam (amor coda) B. Treatment (near coda)- C. Range a# Mfcnnt Cwumrartnw (enter coda) D. Sequent!* * Treatment? (enact tf appteatte) . 7. el 1 1 1 7.___ 7.___a E7 Treatment Efficiency Estimate T._.d ' % " FT Baaed on Operating Oata? - ~ V- 7._f Q 7. e I TD=1 7._e 7.___a CD 7.___ s-i_f-'CD - CD % 7_. 7. e i r"o 7. b 1 1 1------1 7.___d CD 7.___ .. 7.___d . 7.___ D U. CD 7._s 7. j rn 7,_. GD 7.___d (3 7_ r_,-C % CPA Form *350-1 ()-) "1 F* a .1 1 F. p.' HCC 69A 92071 Federal Regislnr / Vol. 53. N'o: 30 / Tuesday. February 16.1988 / Rules and Regulations b. Im-Tuctions. INSTRUCTIONS FOR COMPLETING EPA FORM R. THE TOXIC CHEMICAL RELEASE REPORTING FORM GENERAL INFORMATION A corapMa rtport Fora R outt bt lubmittoj for .ch coxjc chemical manufectured, proeimd, or otherwise used at each covered facility ar preegibed ia the reporting rule in 40 CFR Part 37). The** inotroctaona supplement and tl%bonUe oa the requirements m the reportinf rule. Together entli the reporting rile, they constitute the reporting requirements; you should read both before attempting to compete Form K_ All references io these instructions are to sections in the reporting rule uslees otherwu* iodicated. The Toxic Chemical Release Reporting Form, EPA Form R. consists of four parts: - part I, Facility Identification Information; Part M, 0fT-S;ie Locations to Which Toxic Chemicals are Transferred in Wastes; Part ril, Chemical Specific Infomsation; and - Part IV. Supplemental l.Jormaiion. Form ft ii designed so that a majority of the in/crmaiion required ui Pan I and all of the information required in Part I! should be (he same for each chemical reported by your facility. If the information in Tarts 1 and 11 are identical for two or more chemicals, you may submit photostatic copies of those parts for those chemicals ae long as each Part I has an original signature oo the certification statement. Part CU 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 toxie chemical that is aot claimed trade secret consists of the following completed parts: Part 1 with an ongmai signature oa the certification statement (Section 3); Part !I; - Part 111 (Section S s optional); and If applicable. Part IV. A complete report for a toxic chcancal claimed trade secret includes all of the above items plus the foO.ieinp . A completed trade secret substantiation form; A "sanitised* version of the report in which the chemical identity items (Part IU, Sections 1.3 and 1.2) have been left black but in which a generic chemical name has been supplied (Part 111, Section 1.4); and A "sanitised* version of the trade secret sobetantiaiion form. WHEN THE REPORT MUST BE SUBMITTED The report for any calendar year must be submitted oo or before July 1 of the following year (-g.. the report for calendar year 19*7, January through December, must be submitted on or before July 1, 1011). WHERE TO SEND THE REPORT Submit reports, iachsdiBf reports containing trad# secret claims (.*., sanitised) to: U S. Environmental Protection Agency P O. Box-70266 Washington, D.C. 30034-4204 Attn: Toxic Chemical Release Inventory In aldition, you must send a copy of the rtport to the State (State of the U S., the District of Columbia, the CommenerveJlh of Puerto Rico, Guam, American Samoa, the U-S. Virgin Xsljids, the Northern Manana Islands, and any other tsmtory or possession over which the U S. has jurisdiction) in which the fartSsy is local-d. State* will provide addressee where the copies of the r-puts are to be sent. Copies of the report seat to the Stats should be the "sanitised.* ron-trade-fciet v;rwon cf the report, unless the S.'ate tpeciucully requests c'hxrwue. For seditions! mformanon, rvfer to the d.seujsicn of trade secret/crnf.Jeniiaaty claime in the irstructior^ for completing Part III, Section t, cf :Se f-;trn. HOW TO OBTAIN FORMS AND OTHER INFORMATION Additional cop.es of EPA Form R ia<i related guidar.ee documents may be obtained from: Emergency Planrung and Community Rightto-K.oow Hotline U.S. Environmental Protection Agency WH-M1A 401 M Street. S.W. Washington, D C. 20460 (800) 833-0203 (233) 479-2443 (Washington D.C. and Alaska) INSTRUCTIONS FOR COMPLETING SPECIFIC SECTIONS OF EPA FORM R The following are specific instructions for completing each whits of EPA Form R. The number designations of the parts ami sections of these instructtone correspond to thus* in Form IT unless otherwise indicated. PARTI. FACILITY IDENTIFICATION INFORMATION 1.1 Does This Report Contain Trade Secret Information? Yoti mui* ,nwrr lh'. auwi-Mi only -*tr you h, completed the rest of the report. Th specific identity of the toxic chemical being reported in Part UI, Sections 1-2 and L3 may be designated as trade secret. If you an making a trade secret claim, answer by marking the *yes* box and proceed to Section 1.2. (See Part III, Section 1, of theoe instructions for specific instructions oa trade secrecy claims.) If the answer is no, proceed to Section U. 1.2 Is This 4 Sanitized Copy? You must answer this question only after you hove completed the net of the report. Answer yes if this copy of the npoet is the public "sanitised" vemon of e report where the chenwcal identity is claimed trade secret in Part 111, Section 1.4 of the report. Otherwise, sorter no. 4545 HCC 69A 92072 4546 Federal Register / Vol. 53. No. 30 / Tuesday. February tR 1988 / Rules and Regulations 1J Reportio* Year > 3.4 Pabllc Contact la Sactinw 1-1. yea mat ala Iki |W to which, tha . - Yl rapoitad Infnnwahna appttaa, M the year in which ywa pa an auhoaMar tha npaat. ah 2. Certlflcatiaa > aaMT la thtoi U aa 9t a ha aa Tha cactificatoea intiirwtit nat ba rifawi by tha awaar or oparator, or a aaniar official with maaacamaaa raapoaubility (or tba paraoa (or pataaaa) eaMplaring tha form. Tba owpar, opantaa, or offiaal out certify tha accuracy and cqmplaianaaa of tha iofamariiwi npactad aa tha (orb by ncaiaf and datuf tha cartdiratma itwoaal. Each report must contain an ocirrnaJ aim antra. Priat or cypa tha hum aad title of tha panaa who ncaa tha atatamant in tha apace provided. ThJa rartificatioa ataumaat appliaa ta all tha iafomataoa auppliod oa tha (ora and ahotild ba ai(Bad ooiy after tha lorn haa baaa complatad. 3. Facility Ideatificatioa. 3.1 Facility Name and Location contact aa tha pubtk caatatt. 3.5 Standard ladastrial Classification (SIC) Coda Yoa aart tatter tha appropriate 4-dirrt orintarr Standard tndgftn*l fr---*ftMion (SIC) coda tor your Cadlrty. If Um upart corn non than oo nUbiiotaMt, antar tha primary 4 dl|it SIC coda for each aotohlkhiant. You an calf required la antar SIC code* for establishment* within tha fidlitjr that (all within SIC codaa SO through SO aa Identified la taction 372.32 of tha reporting rufo. Uaa tha Supplemental Information ahaat (Part IV) if you aad to antar mote than Hue* SIC codaa. 3.6 Latitude and Longitude You moat antar tba aaaw of poor facility (pUat site nano or appeophata facility designation), atnat addraaa, city, county, nat*. and aip code in tba epos provided. Yon may not uaa a poet flic* box nuaaber for Una lorirfon information. Tha addraaa providad abouid ba tha location where the chemical* art nnarfotwid, pcocaaead. or otherwioa mad. 3.2 Full or Partial Facility IndicatJoa 'on mitt indicate whether your report ia for tha covered facility aa a whole or for part of a covered facility. Chech bos a. if the report contain* information about a chemical for an entire covered facility. Check bos b. If the report contain* information about a chemical but for only part of a covered facility. ^. The SIC code ryatem claaaifiaa hiwincca *aoUbUskmats,* which are defined aa *dailnct and ispnrafti ocanoamc activities (which) are pirtawt at a aiagta physical location." Under portion 3T2J0(c} of Urn roparring rule, you may chooaa to aubmit a repPraia Pena Jt for each aatabiiabmcnt, or for group* of establishment*. in your covered facility. This aflnw you Um option of reporting aeparately on tha activitiaa involving a toxic rhamiral aft each establishment, or group of establishment* (04., part of a covered facility), rathar than tufamsUing a ringie Form R for that rhamiral for the antiro-facility: ' You may do this providad that all raise*** of tba toxic chemical from tba antiro covered facility are .reported.. However, if an estabiaUtmoni or group of. ootablMunoutft' does not manufacture, proems, mbciuim uaa, or ralaaaa a tome chemical, than you do not bum ta submit, a upart oa that chemical from thaft uliWhhmat or group of establishment*. 3.3 Technical CouUct You muat antar tha nemo aad talcphona number (including area coda) of a rapraaaniartvo whom CPA or State ofBdala mny contirt for diriflraUan of Um informhon repsrtad on tba farm, linn pervon doaa not have to bo tba pmnon who pnowmUt Npart or hpo- have detailed knowtodgo of tha repast to bo aMo in raapond to guarriano Cater the latitudinal and longitudinal coordinate! of your facility. You muat supply tha latitude and longitude for calendar year 1947 report* if tba information i* readily available to you. Saarrua of tbaaa data include PA permit* (a.g^ NPDES permit*), county property records, facility blueprint*, and site plan*. If th-- geographic coocduiatm are nat rrad&y available, in you for calendar year 1947 report*, antar not applicable (N/A). All facfIMm are requoud to prnrida this information in report* ufamituid far tba ralsnriir year 1944 aad suboaquent yearn. Uaa leading place holding aero*. 3.7 Facility Daa and Bradstreet Number You. anal antar tba nnmbar aidmarl by Dun aad , Biadmraat for your furiUty or oacb awahliehmssit within " your facility. This may be availafaia from your facility's financial office. If none of your establishments have boa langnod Dun and Bnrfrtrtst Nunsljsis. indim* this ia* Section S.7 by catering not applicable [N/A] in bou a. If only um of your cMabtiahmeatsr have bean assigned Dun and Bradstreet numbers, indicate this kn Section 3.7 by entering tboac numbeie. Use laadiag place boMtngaeroa. For more tlun two ostablishmeals, use the Suppimncaial Informal ton shoot (Part IV). 3.S EPA Identification Number If'your'facility ha* boa assigned CPA IdeotiOcalia Numbers, yoa moat enter thoaa numbese. Tha CPA LD. Number ia a 12-digit number amigasd to facihtiaa covered' by hatardoua waste regulation* under tba. ftmouro* Cenaarvatfou and Recovery Act- (RCRA). Fadfitiu not* covered by RCRA are not likely to have an 1 irprl CPA U>. Number. If your facility does not have ' a SPA 12L Number, enter not sppflrshls (N/A| in -box a. H your facility has mare tha two numbers, uaa tha SupplMnatil luformatia sheet (Part IV). Uaa leadingplace holding tares. 3.9NPDES Perarit Naabcn Yaa toto^totar tha iwwihan ct ur pwalh yaw (aolity haliti wad w* tha Hittnaal PiUatoat nirtap-EliiwnMiqa - Syataa (IfPDES). Tkja t-dfll parnat aaaahar aa a1piad la yaw. (acaiit, by EPA ar tha Sta*a Malar tha awtharity HOC 69A 92073 Federal Register / Vol. 53. No. 30 / Tuesday. February 16.1968 f Rules and Regulations 3 of the CUu Wur Act. If your facility hai nor* Uua two permit*, un the Suppkanui lafonutioa iheet (Pert IV). Um place Holding term. If your facility duos not have % permit, toter not applicable |N/A] ia box wastewater ***--wig reported toxic rhimirsle to a POTW, eoter not applicable JN/A|. If you discharge wutmMr containing tome chenbesie to more than one POTW, urn additional copies of Part II. 3.10 Nam* of Receivinc Stream or Water Body You muat enter the name of each eurface rater body or recemog itrtan to which chemical* being reported are directly discharged. Report the name of each recatviag cream or vater body aa it appear* on the NPDE3 permit for the facility. Enter not applicable fN/A] to any uoneeded apaces. If your facility dischargee the toxic chemical to more than three receiving etreame or water bodiee, uee the Supplemental Information iheet (Part IV). 3.11 Underground Injection Well Code (UIC) Identification Nnmber If your facility bae a permit to inject chemicalcontaining waate which include* any toxic chemical being reported into Cln** 1 deep well*, you must enter the Underground Injection Control (UIC) ll-digit identification number assigned by EPA or by the State under the authority of the Safe Drinking Water Act. If your facility doea net hold eucb e permit, enter not applicable |N/Aj in thie apace. 4. Parent Company Information You must provide information on your parent company. For purpccce of this form, parent company defined ae a company which directly own* at leaat SO percent of the voting tteck of another company. 4.1 Name of Parent Company You muat enter the name of the corporation or other business entity that ia your patent company. If you have no parent company, anter not applicable (N/Aj. 4.2 Parent Company's Dnn * Bradstreet Number If applicable, you muat enter the Dun and Brmdatreet Number for your parent company. The unbar maty bo obtained from the treaeurar or financial officer of the company. If your parent company dom not have a Dun and Bradetreet number, enter not applicable JN/A). Um leading place hnltling seme. . PART II. OFF-SITE LOCATIONS TO WHICH TOXIC CHEMICALS ARE transferred in wastes This MAiaa ru*tdna > liatia* 4 ,1 off-.it. location. to tick you mAr ma naaniain* Uc Msbc cbimical. Tha iniocmauon tktt yw M. ia thia nction ntoM, t. data to b* mpoewd ia Put IB, lacHan I, 4 lb, fan. Liat only publicly m4 MiMI ii (POTW) and iiuom or diaail hdMa, Dt ad IW Inntinar (or uk or dktnhatica ia mam or far taitv uaa. Afao, do mi tiat Ion,in., to which-wamaa aoataiaia* the' chemical in Mid Mat to wtarmy. nqrcfa,, w rm ol tha Mate iln.inl 1. Publicly Owacd Treatment Worki (POTW) 2. Other Off-Site Locations In the block next to the heading *Other off-ntc location," eoter a number. For the flm rack off-eite location eoter *1* in the block. Continue numbering the off-eite locations in escending order. Thie is the block number required by Fart in. Section f. If your facility transfer! the conk chemical to more than three off-eite location*, use additional copiea of Fart U and continue numbering theca location! m amending order. In the spaces provided, you must eater the name and addrsM of each locarten (other than FOTWe) to which you chip or transfer wastes containing the toxic chemical. Also enter the RCRA l.D. Number (EFA ID. Number) for each ueb location, if known to you. Such information may b* found on the Uniform Hasvdou* Wa*t hfaiufcat which is requited by RCRA regulation*. You must also indicate ia the space provided whether the locatko is owned or continued by your facility or your parent company. FART lit. CHEMICAL SPECIFIC INFORMATION 1.1 Trade Secret Block If you are daimtag rhsrmra) identity m a trade secret, you muat mark the trade secret claim box ia Section l.L In addition, you most attach a completed trad* secret substantiation form to the report, a* eet forth ia the trade secret rule ia 40 CFR Fart 350. When the chemical identity i* rliimaH trade secret, you must also provide a gea nic name in Section 1.4. Note; It yea complete and submit your Toxk Chemical RcleaM Inventory Reporting Form before the trade non rule is in effect, yon ere still enquired to substantiate your claim that the specific chemical Identity at a trade secret. Accordingly, you should follow the provuiene of the proposed trade secret ml* and um the pwpBial trade secret subv**Mieuan form which appeared to the FEDERAL REGISTER of October 13. IMF (MFR 3*31231377). 1.2 CAS Registry Number You must aur tho Chemical Abetracta Sorvico (CAS) rifietrjr ----k-- that appean ia aactioa 371.33 of th. repmtiac nda far tba thawed brnaf mpertad. Uaa l--piao* hnkdin, aarua. U you art raportia, oaa 4 tha fhaiaafd raiafarim ia aactioa 37143 4 tba tufa mppar ceapouda), antar ]M/A) in tba CAS aumbar pace. CAS awnhaw an cnaa-wfaraacod with a. alphabetical liat ad trado naaiaa and chemical naaaa ia aactioa 371.33 o3 tbo nits. 13 Chemical or Chemical Category Name You must enter In the space provided the name ef the iheminl er rhemkal category m it is listed in tection 373.63 et the reporting rule. Only um man beted in section STJil. 1.4 Gracric Chcaalcal Nam* which your facility diaaharma wwtowatar CMtaiaja* any tome chaaaicd ymi aw nportia*. If you do not dachar*. apaddc rhiautal idaatity' <4 tha mbc chaaacal aa a twda unit aad bare marked th. urnJa wr.i Mock to 4547 HCC 69A 92074 4548 Federal Register / VoL S3. No. 30 / Tuesday. February 16.1988 / Rules and Regulations 4 StetiM IX Ths paak chemical un ommI be dehpth of the dbouricaL structure. Ym most Knit the laaok bum to miaty chinftw {* nnmbm*, kttm, ipiM, pMtutiaa) or laa. Surtax . the prodartkm. peon--mg, un, or diepeesl of indha chemical mbutenes or mixture. end faOowiag iu 2. Mixture Component Identity f. .As islapiritY. A rhemlisl la'this catogofy is produced eoiaddoully know uccoidi threshold Do Dot- wupbu thh MCtiou if you bav cooplitod Section 1 of Part HL You may han locaivnd a mixture or trade bom pwduel boa another porooa which jom worm told contains Motion SIS loans rhuienl. but that puoon did not toll you th specific chemical boom or CAS numbor of tbo lose chemical. The porooa may boro gxveo you fonchc chemical bum ud thi pocaUfi uwnporitiou of tho lose chemical in the mixture or trade um product Bndor section 173.41 of tho reporting nl*. If yon drtmiM thot you boro imported, prowasHI, or oUurobi rood tho toxk ehemieal in tbo suxturt or tnda aim product ia sxesss of u opplicoblo ibmboid, you mutt rotor tbs gsntnc chemical aims pva la you by your oupphor la Srction 2. If your supplier did not pvt you o generic chemical nuu, you must enter tbo nuno by which tho supplier identified tbs ebsoucal to you. (la eoms cates, this may be the asms as the namt of tbo mixture or trade name product.) For example, your facility uses 20,000 pounds of a sohrit which yoar supplier baa told you contains eifbty percent "chiorocyctocarbou," bis gunk name for a chemical eubject to reporting under aochea SIS. You therefor* know that you ha* racesrisd tho uoo tbrmhnid for thio toxk rhamiral You would enter the name "chlorocyctocarbon.* in the epoco provided in Section 2- or distributed with it. 3.2 Process (incorporatwo-type activities) a. As reactant. A natural or syathetk chemical used in chemical toacrioM for the manufacture of another chemical substance or of a product, tnchidee, hut is not limited to, feedstocks, raw materials, iatermediatas, id initiator*. b. As a formelatioo component. A chemical added to a product or product mixture prior to farther distributioe of the product that aids the performance of the product in its use. Examples include, but are not limited to, additives, dyea, reaction diluents, initiator*, soireeU, inhibitors, emulsifiers, surfactants, lubricants, flame retardants, and rheological modifiers. c. As aa article component. A cbwnkal euhetanre that becomes i integral component of an article distributed for industrial, trade, or d. Repackaging oaly. Pmurnf or preparation of a chemical or product mrirturs for distribution in commerce in a iliffstenr farm, tale, or quantity. 3. Activities sod Uses of (he Chemical at (he Facility 33 Otherwise Used (nan incorporativs"type actWitki) This section require* an indicatinn of whether the chemical is manufactured (including Imported), proemeod, or otherwise used el tho facility for ertridk the form is being Glad and tho giaml nature-of such- activities and usee at the facility duriaf the- calendar year. Report^ activities that take plane only at your facility, net activriim *hm take piece at otherfadlttfoi involving your products. You most mark all of tho >ppropria! * Mocha In this Sectkui that apply to the acthritk* at your fadflty: Refer to the definitions of "manufacture," "pcomm," and "otheraim used* in sectioo 971J of the reporting rule for ocptiatioM supplementing those provided below. 3.1 Manufacture a. Produce. A rhamiral included ia this category Is produced at the facility. b. Import, A chemical inrhuled la this cinguiy is i--gincteri to the facility. c. For on-site nse/procoastng* A chomkal included in this category-is memifsrtiirerf and then forth* prsewd or slhtrim need at the mmo facility. d. For smte/distrlbatlon. A rkcudml In this rangnry h naariktoet *sriflr*llr for sale or dktributtou outside the use Mirroring feetfkr> e. As a byproduct. A chemirol in tins ralmnry is pirtomd roinridentaPy a. As a chemical processing aid. A rtisrnlral that is added to a reaction mixture to aid in the manufacture or synthmie of anothsr chemical ubetanca but doe* not intentionally remain.in or become part * of*tbe product or product mixture. Ecamplie of iacb rtismirsls include, but are not limited to, process soriunti, ` catalysts, inhibitor*, initiator*, reaction terminators, and solutioo buffers. b. -As maoofactorlng aid. A ch--iral whom funetko is te aid the manufacturing process but doae not become pari of the rutting product. include, but are not limited to, lubrionti, mrtsJworking fluids, coolants. rsfrigsrsota, and hydraulic fluids c. Ancillary or other ase. A rtiMinl i. thh oUf,r wd m , facility tar pnpw 'otW' lha. a, * diwial pimia, aid sr naubanat aid aa daaeribad aba<ra. lnrimfa,. bal ia not Esmllad to, daan daeraaaira, hihciranta. aad halt. 4. Maxidata Anoint of the Chenical Oa Site at Aar Tine Dariag the Calcadar Year Yo. aflMrt lha ippiapdili coda (an bate.) Ikal htnla thi iTii.m .in.lity at Ih* rii.nl- (i. am*, Uata, pccaaa wanh, -aha lId.pine nMi.ni, aac.) aa- yamt fedBty at a., tte* dvfay th. caiawUr gno. . if. lha rhawinl no. pr.nl aa mranl lunHi.i artthha yoar facility. ua* tba mmtamam- lal rcr it* pm ai lha .tin (adity. >1 ray am liw. HCC 69A 92075 Federal Reguter / Vol. 53. Mo. 30 ./ Tuesday. Febmary Ifl. 1964 / Rules and Regulation! s .ante Cod* 01 03 03 04 03 06 07 06 00 10 11 Weight Bangs in Pounds Taoim JgjjB 0 100 1,000 10.000 100,000 1.000.000 10,000000 so.oog.ooo 100,000,000 300,000.000 1 billion 90 999 9.999 99,999 999,999 9,999099 49.999,999 99,999099 499,909099 999,999099 more than i-biUte 5.4 Uodcrfroand injection Ym .mat aaur tha Mat mull iiMunl at On chraml tint m )acU4 tat* ewila, adudinf Clai 1 and tihtr typo, it tWficility. 5.5 RcUmcs lo land You mutt report qnntUia of the chenw--1 iiut were landfilled, impounded, ar ocberwn dupe--d of gt the facility. Do aot ripen Und dupoerf at locations in thu eoctian. You matt oncer the tpprepnxu dipoeal cod* irom the following liit: If the toxic chemical *u print at your facility m part of a mixture or trade name product* to determine the maximum quantity of the chemical print tt the facility you mutt calculate only the weight of the toxic not the weight of the entire mixture or trade same product. See eectton 372.30(b) of the reporting rule for further information on how to calculate the weight of the chemical in the mixture or trade bum product. 5. Releases of the Chemical to the Environment In Section I you mint account for the total mrepia rtliuci of the toxic chemical from your facility to the environment for the calendar year. Relcaaee to the environment include smissions to the air. discharges n surface watera. and releu to land and underground injection wella. Ail air raieaeee of the chemical from the t*~n**r mutt be covered. In caee of doubt about whether an air releaee it a point or oon*pomt releaee, it ie important that the releaee be included ae one or the other rather tha* omitted. Do not enter information on srmsnnn point* or reltaei. Enter only the total ml--ae. S;1 Fugitive or noa-poiat air enUslons. The-- a-- refteao-- to -the air that ira pot .released through atacka, ventt, ducta, pip--, or any other confined air etreem. You enuat include (l) iaptire equipment leak* from valvee, pump Mill, Qang--, comp--a, templing connections, open-ended Iini. etc.; (2) evaporative lain from surface impoundment*; (3) ralaa--a Irom building ventilation eyetemn; and (4) any other fugitive or non-point air situation*. 5.2 Stack or poiot air cnlssiou. The-- are rtteao-- to the .air that a-- through alacha. ventt. duett, pip--, or other nonfinad air at--mt. You must include storage tank emsaaiena. Jbr films from control equipment would genarally foil ia thi* ratsgnry. 5J Discharges to water You mutt enter the aapiirahla Jett-- .code .1-- the receiving ttvoa-- or water body fro-- Section JiO of Part I of the for--. Al--, joa mntt --tar the total annual amount of tha chondral --la--ad foam all dtarhaige petntt at the facility to each ----iving at-- -- water body. You mutt include p--ram ouffatta --ch -- pipes --d op-- trench--, aale-- fro-- onwitt . wamowitar -treatment systems, and the contribution fro-- atamwiar a--off -if applicable (ms introctie-- for eda-- C below)- 2>e -m* include "indirect* diacharg-- to tufa-- a si wi suck -- to a POTW or off-eite wastewater treatment facility. Ifc--* mutt be reported ia Section t; Dnoosal Codes D03 Landfill DQ3 Land Trearmeai/AppUcttton/Fameng DOt Surface Impoundment (to be cioeed aa a Landfill) DM Other Dnp--al Three line* are provided in this section of the form to accommodate vanoua typee of lead dnpoeeL For the purpose of -this form, a surface impoundment u considered "final diepeeal." Quanuuea of the chemical released to surface impoundment that are used merely as part of a wastewater treatment precui generally mutt not -toe reported in thi* section of the form. However, if the impoundment nmimula-- sledges contenting the chemical, you mutt include -- omuna-- m thi section unless the aludg-- a-- isiameri and uUisiei-- dipossd-of (in which case they should be reported under the appropntte section of the form). For the purpose* of thi reporting, storage tank* ace not considered to be a type of dip--al and a-- not to -he reported -ia thta --iaa of the form. A. Total Release Only reltaei of the tube dunkal tt `the enewosn-- for tbe calendar year sue -- be rape--ad tie U-- aortian of the form The total vela---- from year leelUry do no* include taanafois or shipments of the rhamwal from pour facility for ish or dismbutton h comnwii or of watt-- to other fmliiw for tmttmsnt -- dnp--al (see Sects-- S.l). Both routine releases, such -- fugitive air emission*, and accidental or non-routine releaa--, such a* chemical sptlb. mutt he --eluded m your --tins of'the quantity -roiaeed. A_J Reporting Ranges .F-- rep arts .submitted for calendar yean I9SJ, IMS. and J0S9 onhr. veo may Sabs advantage -of laiige tep--amg for --Ie-- that an leas than 1.000 pounds for the year lo an environ----tal modtuna. Yea --ay mash -- of the the-- hoobi, .0, 1-4M, -- UO-MS, i amps a fling to relsasi of the themaea1 %o any enewoa--on--i medium (Lo* any tine item); b--sever, ym do <net ho-- -- -urn the-- range -check h--aa, Yon haws the -opti-- tt a specific lignin n column AS -- dianbed Won X-- ralena-- wf 1.000 i*----* or am for Oho ye-- -- wny figuaea. Beg--ning with rap--tt ier calendar ye-- 1000, pm i--r a-- iim rang-- to repo--; gau .most tape ft in coiuwia A.2. 4549 HCC 69A 92076 4550 Federal Remitter / Vol. 53. No. 30 / Tuesday. February 16.1988 / Rules and Regulations < A.Z Eater Estimates You mart ptarid, jmr rthmlM ut lalaaaaa is pwmrit far tba yaar ta calama AA Ttaoxatbaaia ia raauirad la baaccurate la bo mart thaa lam aifaUcaat Ofona. Calcaiatlaa Reicaits compounds), report itlmo of only the ponnt astaL For erampte, a umt of'various inorganic chromium salts . would'Mpecrtbs total chromium rdotood io each wmU typo regardkosoftbo-rhueirsl form (sg; 00 tte origiaal alts, . chromium*' tea, odds, ott), and oirludo any contribution to mam omdo by otbm spodss Is tho . moiocute. - To provide the rilww iniormifion moiwd ia both Sections A.1 ud AJ ia this section of the Com, 700 mot um oil readily available dm (including rdmM rooaiwifll data and tmininw BtaMmaU) collected u your facility pumuat to other pcvridoM of taw or wo port of routine plant operations, to Uw cxtaat you hm it for tbo toxic chomaraJL B, Buis of Estimate For each release ootimato you an required to Indicate tho principal method by which tbo quantity was derived. Enter the letter code to identify the method which applies to tbo largest portion of the total estimated quantity. Whoa relevant aomtanaf data or imiinon nunrimcou m not readily available, rtimibli oHwiio of tbo imouBti rolooood mart bo made oiib( published ommma r&cton, material balance cakulitieai, or engineering calculations. You may not um emission ficton or calculations to estimate hIimm if more accural* data an variable. *o additional mowitortna or meaewment of tho wantitiw yr twittnimioni of any tome chemical released into the .nTironmani. or of th fmuxner ef otb wbiwi, ia rtauired far tha purport at comoMint tbia tom, brood that which ia rrtoirrd under W preriaiew of law a, regulation or ao part of routine Plant opora^iono. You mot estimate at accurately at possible Um ttaaUtr ia pouAda of tbo chemical or- chemical category that It released anmafty to each environmoolel medium. Do not 'dude tbo quantity of lompQOiata of a warn stream bor tbaa tbo tone ghewdeel la tbia estimate. If tbo tone chemical woo pranat at your facility ao part of a rnataw or trade nimi product, you must calculate the releases of the chemical only. Do not iodode releasee of the other rompanints of the- mature or trade name product.' If you only bo* about or an only able to estimate Um relearn of the mature or trade name product 00 a whole, you moot assume that tbo tome chemical is rtloesad la proportion to'its concentration in the mixture or trade oame piedud. See section |7U0(b) of tho nportiac nils for further- mfonnatioo 00 bow to calculate the concentration and weifht of the chomicai in the mixture or trade name product; For example, if 40 percent of stack smisoinno of tho reported substance won derived using monitoring data, 30 percent by mam balance, and 30 percent by emission factors, you would enter the code letter. BM~ for monitoring. The codes are*a* tellowe; 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 tbo amount of tbo toxic rhombai in streams entering and leaving pwten eqotpmoni. E - Baaed on published sniseisn factors, such as those rotating release- quantity to throughput or equipment typo (14^ air ourieelnne factors) O - Baaed on other spproaches euch eo engineering cakufottone - (g^ estimating volatilisation or solubility sung puhBohod melhimsliril formulae) or boat engineering judgment. This would Mode applying- an- ootimsrod removal efficiency to a waeteeuuam oven if tbo composition of stream before treatment woo fully characterised by monitoring data. If the monitoring data, maos balance, or emieeioa factor used to estimate the rtlseos is not specific to the teak chemical, the estimate ehould bo reported as based on engineering calculations or judgUMnc. C Percent From Stormwater If you an rporcine a chemical category bated in section 372.65(c) of tho repotting ruls rather than a specific chsmical. you most r combine- the nlsase data for all chemicals in the listed rhsninl refsgury (e*., all gtyeol tben or all cfcforophsnok) and report tbo aggregate amount for that chemical category. Do not report releases of each individual rhsrairal la that category separately. For example. If your facility releases 3,000 pounds par year of 2-dUorophsnol, 4^000 posmdo per year of 1 chlnraphsool, aad 4,000 pounds pur year-. of 4-chioropheaol, you should report that, your fodhty . releases 11,000 pounds per yosr of rfclsmphsUBh. (Other than for holed rh sonsre I cstsgodos in ooeUou 17111(c) of tho rule, each form must report for an Individual chomicai. Listed rhmdr-ite with tbo quahfter *snhtisu,* such soeodhin sulfate, la oouroatrsfiono of 1 ponoui (or 0.1.. percent in Um case of a fsrrinsgm) or graator, moot bo factored bto threshold aad rslooss ralrulothmo, baicnooe threshold and nlsooo snaounto nlato to the amount of chemical an solution, not tbo amount of eeluttem metal, compound calogorios (04., chromium This column only rotates to Section II Dischargee to Water. The. quantity' of Um rhominl rotemod to any 10criving stream or water body In each box ia column A must Include the amount contributed by. stormwater runoff from tho facility which contains the chesekaL In sddition, tbo percentage of tfte total quantity (by weight) of the chemical contributed by stormwater mutt be entered ia - column C. If your facility has monitoring data, eo the* chemical and- an estimate of Cow rater, you muot use this data to determine percent stormwater. If your facility- door not have periodic measurements of stormwrw rdrasas* of tbo eh stain I but. has submitted chemical specific monitoring, data la permit .applications, Ita than- <Uu art ba md la rrtnillte tb* p irral crtHrihatiaa bon nor--Ha. Flaw rata data cob ba crtiawtcrl by maltfoiyiar tba oaaail tiao.nt ut rciofoU tanrt tha laad-.aoaa. dawd-tba raaiiff eortndrtt. Thanrtag oarflirient tap--Or tba frartina ut nbU that Aaaa not laflllnn bt. tba gaaad bat wot oil iq rtonmtar. Tbo waaff roifllrlrtl Jo dbactly related tatba- load' oooo to rapid la tba droteafa iro rtd --,oa foam 0MJ Car C|M HdaWtll oraaa and 0.*-0.* for btary laduatofoj artaa.. Site tprdfic dotaraibiiriowo coa HCC 69A 92077 Federal Rrgwfr ] Vol.5a.JJo. 30 / Tucaday. February 16. 1986 / Ruleg and Regnlatiom T be eakaUud uimg4ha>iU)ewiB| (I x IhetuBal pored -or reefed an) + >'(03 -a frietiml gran area) + (OJ m bocttonai gmvaM wa|x iftt wiiff eotfficMAt 1/ you have meatand etocmwalar bat dad net dint Um ehaoucal tour ura (0} in kha apaea, If pur facility ha no itomwilar aaanitocmc data fltr 4he Of the chemical. tttar no date jN/Djin Ibis apaa on Mao farm related to the dniticil whooo nkaaa an ba| reported: (A) Iho general wasl actrains types containing the Atomical borne ffpertod; (B) tbo west* knataaw renthoda (if toy} uaedoa oil ~aarntraa-- rrtntsiaing the thomtcai; (C) tbo ran#* of concentrations of tbo chemical ia tbo influent to tbo iratimanf method (D) vhatbor opMBtiai tmtiMal o mod; () the efficiency or iffictinmo of oacb treslmsnt mothod ia famonai tbo chiMcai; tad (F) whether tbo tmunant figure not boood oa Kttal oporotiae data. Yoo aad uao a 6. Transfer* of the Chemical ia Waste to Off*Site Locations You must report ia that sschon tbo total annual quantity of tho chonucal seat to ooy of tbo offottt disposal, treatment, or storage farilitire far uhith you bore provided aa address ia Part 1L Lias 6.1 as for traaafore to a POTW. liaa 6.3 -through 6.4 are provided for treasfaao so odor off-eibo localtom, including pnvsiely owned traotourafeor fereatimnt fecililaoe. Enter. from Soction 3 of Past Ji, tbo block aimbar that corresponds to tbo off-oito locatioo ko which you transferred vasts contain!og -the -^sreacaL If you assd additioaai spare (Le.. you ship wrere to more Ikaa thins off-site locations), nhoafc tbo fan at tbo bottom of Soction 6 and uao 4bo Supplemental fnfomlaoa aboot (Part IV). A. Total Transferred You mat follow tbo inetrocleowo `far providing sottnatss as preoontad in tho .mrenactreqe ;far colon A ef faetwi i above. You must outer tbo amount re pounds ufoaty tbo lopact only treatment of wioiretieams al your facility. not treatment offniU. A, Cenersl Wastestream For cock waste treatment method report you must indicate the typo of vaatostroam containing tka cbcmacal that a treated. Cntor tho letter code that corresponds to tho general wasleotraam typo: A = Gaseous (including pm, vapors, airborne particulates) W e Wastewater (aqueous-waste) L s liquid vasts (nen*oquoouo oraste) S w Solid waste (mchidmg sludges and slumoe) If a vasts is a nocture of water and organic liquid, jroo must repun it under euuwito ualees the organic toutwit rereads 10 porrsnt. Slumoe and atudgn confining water must be reported as solid waste if they remain appruciahlt amounts of rfisenfved oolida, or aoTtda that may settle, rack that the viscosity or donalty of tho waste u considerably different from that of process wools water. total poundage of wastes, including juaxtiams nr ireda name products containing the rhsmirsl As with Section I, you may report m ranges catv for nilondsr ywn 1967, ISM, and 1M0. B. Bisis of EstLoraU You must identify thobosis far ywur-rebireata. Follow Ibo instructions and uao tbo anom cadre re preomod In -tbo iastroctiocs* for column B of.Semina 1 B. Trcrtneal Method Cadre for 'treatawot reetboda are included ia Table I of three instructiona. You must eater the. code for each ted on a wuoteetreeia cnnteiiung tho regaidbm of whether this treotreesat actually curesas tbs spseffir cksmiral methods mac* be reported by. type .of waste -being treated (U . i sin, and solids). C. Type of TreaUaeat/Digpoukl You must enter one of the fatiguing codes to identify the type of treatment or diepooal method <ueod by tbo off stos locatioo for tbo cbcmiral being reported. You may have this information ia your copy of EPA Feeva SO, Uem S of the Anaual/Bicnwial Heocrrisui TCeeta Xreafat, ftorugu, and Disposal Report -(EGML hiqilii ehla wedre far Ibk section are as fallows: M10 Storage Only M30 Reuse aa Fcal/fed Wreidtng M40 Solidifiratfam/Slabillealinu MM InoareiHuu/Th oaal Trechnwit M61 WoetowstreTl infill (Fillsilmg POTW) M69 Other Treatmaat M71 UadergrotiBd fajeetiou M73 LaadfLQ/Diepooal Surface leqimiafaimt MTS Lead Treeft MTS Other Land Disposal M90 Other Off.SUe Maaagamaat M91 Transfer to Wane Bntar MM Unknown 7. Waste Treatment Methods and Efficiency ^ Section T, you must provide the fallowing information Wooeostreome containing tbs chrente al may hove a single eeoroe or may bo aggregalui of many sourere. For example, procan water bom sever*! pieces of equipment at year facility may be wmhinrel prior to treatment. Report treatmaat methods that apply to the aggregate vonestreare ee well oe treatment methods that apply to individual waateotreams. If your facility treats venom oaofoaloc stream* containing the chemical in different, -voya, tho different treatment methods must each bo listnl separately. Your facility may hove several pieces of equipment porfiwuang a similar service. It is aot necessary to enter four line* of data to cover four scrubber unite, for ----T1*. ff mil four are treating wanes of similar chat acres -(eg., sulfuric acid min swiiwinna), have winder influent coaioutrationa, and bava similar removal afllf remiss If, bowevar, any of them psre meIare differ Were one unit to the nest, each scrubber must be listed C Kiif< of Iaflacit Concentration The farm requires aa tadlenSfou of the naga of ronreutretion of tho ton chemical la the wastaatreare (ie^ tbo influont) re h typically entree the treatment equipment. You must enter m the space provided oae of 4553 HCC 69A 92078 4552 Federal Register / Vcl. 53. No. 30 / Tuesday, February in. 1988 / Rules snd Relations Ibi following cede numbcm Mmqnnifini m tbe coeeaatntiaa of the rhamirsl in the ioflwat: 1 r CmMr tba I percent:: -- ' 3* 100 purtopmurfffiou (OOl pvrmt) lo-l pwconl (lOrCOO parts per miffioo) 1st pattfvaOtetoUOyaitaptfad&M B s Lm ihia S port pcrbflBou Not* tbit puts por wfllfam (ppm) la mUtignma/kflognm (raaca/maaa) lor solids ud liquids; cubic ctotamioci/cubk Dur (volume/volume) for |um; mUHgrmms/fiUr for solutions or diaperwooa of ibo chemical is water; td milligrams of cbemkai/kDognm of air for particulates ia ir. If you lu particulate conceatrstiona (it itudvd tompormiuro ud pressure) aa piiM/cube foot of air, multiply by 1766A to convert to parta par aiUioa: if in mf/rn1, multiply by 0.773 to obtain ppm. (Note: Factor* are for standard conditions of 0C (ITT) and 760 mmHg atmoapharic pressure). D. Sequential Treatment? You may uoo various troatmint atopa in a aoquaaca but only bo ablo to aothnato tb* troatsnaat efficiency of tbc overall treatment pcoc--. If that ia tbc um, you muat enter codoa for afl of tbo tmlnnl aupa in tbc proraaa You muat cheek tbo column D "sequential treatment?* ben for all of thoac ctopa in tbc aama sequence. W*th reapact to information that omot bo mppfiod in cohum C and E, you mum provide tbo nafi-af Influent -- (column C) in conactiim oMB the firot ctrp of tbc sequential treatment. Tbm provide tbc traatmmt efficiency (column C) in cooaoctiaa with tbo laat atop in the treatment. You do not aood to complete C or E tar any intermediate atop in tbo eoqutco. E. Treatment Efficiency Estimate In tbe apace provided, you muat eater the number that indicates tbo paccentace of tba tunic rhoneral that ia hiolofinl degradation, cbmical ronesrrirwi, or phyaical removal of tbo rhwninl frees tbo woatcotmm being treated. Tbia sfllrienry moot- rcpcoacat tbc mace or weight pcrccntafa of chondral destroyed or rcnwvad, not just changes in volume or concentration of tbe rhaminl or the wastostrsam. The effioency indicated for a treatment method moot rafar only to tbc percent conversion or removal of tbo bated took chemical tram the wasteatrsam, not tbc pareant convemoo or removal of other vaatMtma rnntitnwiis (alona or tOfther with tbo bated chemical), and not tbc central efficiency of tbo method for any waatmtmm. removal by coveral msebaniaun, aa- ia aocondary eraatevater treatment, whom a rhmainl may avaporm, bo bmdegradad, or bo phydolly removed m tbo sludge. ff-El 1.100 1 of tbc rhmlral fat tbc influent i and E o maaa cf tbo ebemieal in the Tbc taa or odfhl af cbminl in tbc wasteotream being Imlail mm be filmland by multiplying tbo ooncantrerien (by weight) of tbo rheswCel in tbc waotmtream tlmoa tbc flow non. When fakiilalmg or percent removal, effrioify far various o, tbc. percent ram mil muat compare tbe Mum, and aMlwty laTqnp^jjqSd imd nSidV However,, soma tnitmm* mathadr may not mauls In a tarinarertou . or anliiltfiritlnu sf..waanaalsr. .la. them influent vuuuraa eonld be reported aa 100 p arrant herauae tbc vaatcaaeaa doca not cast in.a comparable form after treatment. Some of tbo treatment! bated in Table I do not destrey, chemically convert, or. pbyeicalky remove the chmual from Ita erastastiean. Some cramptee include fuel bloadiac and evaporation Foc thme treatment methods, aa effirienry of aero meat be reported. For metal compounds, tbo reportable eoMMtntioo and treatment efficiency muat be calculated baaed on tbc weight of the ptreat metal and not the weight of the metal compound!. MetJs arc sat deatroyad but can only be phymcally removed or chemically cooverted from one form into another. Tbc treatment efficaency reported uuiat only repreaent eheawal removal of the parent matnl from the waetaatream, not the percent chemical conversion of tbc metal compound. If a baud treatment method convert! but doae not remove a metal (* cbreuBBum reduction); tbc imthnl moot be reportoJ, but tbc treatment efficiency muat be reported aa aero. All data available at your facility muat be utilised to calculate treatment sfllrianry and influent chemical concentration, You are not reouirud to collect any now data Car tba purpoaaa of tbia. reporting requirement. If data are tacking, ertimataa must be- male using boat engineering judgment er other methods F. Based on Operating Data? Thlo column requirm yon*to ln>lkato *Yes* or *Ne* to whether tbo treatment efficiency sattown it hared on actual operating data.. For example, you would check *Yce* If the *`>i****T m baaed on monitoring of influent and affluent warm under typical operating conditions. If tbo offiooncy emanate ia baaed ou published data for similar proceasee or on tguipunnt supplier's literature, or if you otherwise ambnatad either tbe influent er effluent waato compahcoo or the flow rate, you muat check *No.' 8. Optional Information ou Waste Miaimizacioa Information provided in Fart 111, Section I, of the form lo optional. That sortinn allows you to identify waetc mjnfmiretion effort! relating to tbc reported tome chemical that may not have boon reflected in your luaponcaa to previous ssetiona of the farm. A. Type of modifies tios r-- om cod. (raa Um bllm, KM Uul bM j.tribi. th. typa at .Mtl namuM. Minq,: Ml tUcycUac/nm o M1 IUqrdla/RH. aB-an*. MS E,iiipM--l/lrln.l.Hf mnrtifit.lioB. M4 - Pm.. pntaBtn nrliflrthn,. Ml - I rforwI.tiM/.Mif at pndact. Ml - lubMiwM. at nw mattrlilt MT l.prwii IwMbaidN InlaiM. UtT MS OUmt mi. mi,lni>.ll,, tKhniqiM. HCC 69A 92079 Federal Register / Vol. 53. No. 30 / Tuesday. February 16.1988 / Rules and Regulations 4553 B. Quantity of the chemical ia the wattestreats prior to treatmeat/ disposal CaUt thi pouadi of th tone chemical ia wiitw i& the rcpertiai year tad tha pound* ia mt ia tba jritr prior to implementing vuti "`"fTtif*""* (tb *bM roar*). Alternatively, to protect confidential information, you nay wish to enter only tho percentage by which tha weight of tha chemical in the wastes haa changed. Thia figure (pareantaga) may ba calculated uaiag tha following formula: tone cherucal ia waatee ia reporting year toxic ctumtcsl in -utw in enor r<-____ x 100 toxic chemical m waste* in pnor year. The raaultiag figure may be either negative or positive. C. Index Enter tha ratio of reporting-year production to production in tha bare year. Thu index should be calculated to moat cloaaiy reflect activities involving the chemical. Example* of acceptable mdicee include: - Chemical produced in lM7/cheratcal produced ia ISM. - Paint produced in IMT/paiat produced in tSM.' Appliance* coefd in lSST/apphaaca* mated ia IBM. Square feet of tolar collartor fabricated ia lM7/*quare feel ef *olar collector fabricated in IMS. . Value of aaloa ia lM7/value of aalae ia 19M. For example, a company manufacture* 700,000 pound* of a chenucal ia 19M and ISOjOOO pound* of th* *ame rhermral in IM7. 11m index figure to report would be U (Ml rounded). The index provide* a m*,M for uaera of the data to diatiagubh the effect* of change* ia huainae* activity from the effect* specifically of eracto mmimiaatinfi efforts. It i* not nocmaary to the unit* oa which the index ia baaed. D. Reason for actioa Finally, enter the codes from the following U*t that best describe the reason for initiallag th* vuu miaimiaatioa effort: Rl Regulatory requirement for the waste. RS Reduction of treatment/disposal costa. RS Other process cost reduction. R4 Self-initiated program. RS Other (e.g., diacoatinuatioa of product, occupational safety, *tc.J. HCC 69A 92080 4554 Federal Rdgtotra / VoL 33. No. 30 / Tuesday. February 18.1968 / Roles nd Regulation* 10 TABLE1 TREATMENT CODES AIR EMISSIONS TREATMENT A01 Flam AOS CiadiMW AOS Soubber AM Absorber AM Cktrwfrk Pndpitstor AM Mcchankal Spirtwa A07 Other Air rmimion Tmtotat BIOLOGICAL TREATMENT Bll Biological Treatment -- Aerobic B21 Biological Treat--I -- Anaerobic BS1 Biological Treatment -- Facultative B99 Biological Treatmeat -- Other CHEMICAL TREATMENT COX ee SeAiiii Hydroxide C02 Chsmiral Precipitation -- Sulfide COS Chemical Friopitilm - Other CXI Neutralisation CSX Chromium Redaction CSl Coapload Metale Treirmewt (other than pH Adjustment) C41 Cyanide Ondulce - Alkaline Chhrimrina C42 Cyanide Oxidation Bactrwrbamaril CO Cyanide Omdaiiou -- Other C44 Ceaeral Oxidation (indudmg Disinfection) -- Chlorination C4I General Oxidation (nchdinf Disinfection) - Oianation C44 General Oxidation (tndodmg Disinfection) -- Otonation CM Other Chemical Treatment INCINERATION/THERMALTREAIMEN-I FOX Liquid Injection FIX Rotary fdlo with liquid Infection Unit F19 Other Rotary Kiln F31 Two Sta|t F41 Fixed Hearth FO Multiple Hearth FSI Fluidised Bed F61 Infra-Rad F71 Fume/Vapor FSI Pyrolytic Destructor FIX Wet Air Oxidation FSS Thermal Drying/Dewatering FM Other Incineration/Thermal Treatment SOLIDIFICATION/STABILIZATION COI Cwnat Proc--m (inrtmtic* lBnf) CO* Othtf Poiialanir Pimm (ImMii SificauO Cll Aaphaltie Pracaaaaa Cll nwnplmir Tackai^uaa CM Othar Solidincatioa Pmaaaaa |FR Doc. *6-3027 Filed 2-11-88: W am| mums com mmsc PHYSICAL TREATMENT POI FquaSteHon POP Other Bleodiac P1I SottMng/CUitftcatloo PIS Filtration PIS Sludge Dewatering (non-thirmel) P14 Air Flotation PIS OilSkkncaiag PIS Bmolrion Breaking -- Thermal PIT Emnltiott Breakinf -- Chemical PU Fmnhk-- Breaking - Other PIS Other Liquid Phase Separation P31 Adsocplinn -- Carbon P2S Adsorption -- Ion Exchange (other than for recovery/reuse) P23 Adsorption -- Resin P29 Adsorption -- Other PSX Reveres Osmesis (other than Cor recovery/reuse) P41 Stripping -- Air P42 Stripping -- Steam P49 Stripping -- Other PS1 Acid Leaching (other than for recovery/reuse) PSI Solvent Extraction (other than recovery/reuse) PM Other Physical Treatment RECOVERY/REUSE R01 Ranee as Fuel -- Industrial Kiln ROT Renee ee Feel -- ladnetrial Furnace ROS Renee ee Fuel -- Boiler R04 Renee ee Fuel -- Fuel Blending R09 Reuee ee Fuel -- Other Rll Sohrente/Ortanks Recovery -- Batch Suil Distillation Rll Sohreata/Organics Recovery -- Thin-Film Evaporation Rll Solvents/Organics Recovery -- Fractionation R14 Sotveata/Organica Recovery -- Solvent Extraction RX9 Solvents/Organics Recovery -- Other Rll Metals Recovsry -- Electrolytic R22 Metals Recovsry -- Ion Exchangs R2S Metals Recovery -- Acid Leaching R24 Metals Recovery -- Reverse Osmosis R2i Metals Recovery -- Solvent Extraction R29 Metals Recovsry -- Other RM Other Reuse or Recovery HCC 69A 92081