Document LK7oV3yjJOo7E2ZjZexja9Ybq

ABD00117156 Thursday October 15, 1987 i ri i fia Part IV Environmental Protection Agency 40 CFR Part 370 Emergency and Hazardous Chemical Inventory Forms and Community Rightto*Know Reporting Requirements; Final Rule ABD00117157 38344 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations e> ENVIRONMENTAL PROTECTION information must be submitted annually I. Introduction ! H AGENCY beginning March 1,1989). A. Statutory Authority 40 CFR Part 370 address: The record supporting this rulemaking is contained in the These regulations are issued under [FRL 3251-9] Superfund Docket located in Room Title HI of the Superfund Amendments Lower Garage at the U.S. Environmental and Reauthorization Act of 1986 (Pub. L. Emergency and Hazardous Chemical Protection Agency, 401 M Street SW., 99-499). ("SARA" or "the Act"). Title III Inventory Forms and Community Washington. DC 20460. The docket is of SARA is known as the Emergency Rlght-to-Know Reporting available for inspection by appointment Planning and Community Right-to-Know Requirements only between the hours of 9:00 a.m. and Act of 1986. agency: Environmental Protection Agency (EPA). ACTION: Final rule. 4:00 p.m., Monday through Friday, excluding federal holidays. The docket phone number is (202) 362-3048. As provided in 40 CFR Part 2, a reasonable B. Background 1. Superfund Amendments and Reauthorization Act of 1986 (SARA) SUMMARY: Section 312 of the Superfund fee may be charged for copying services. On October 17,1986. the President Amendments and Reauthorization Act of 1988 (SARA), signed into law on October 17,1986, required the Administrator to publish a uniform format for emergency and hazardous chemical inventory forms within three months. Under sections 311 and 312 of SARA facilities required to prepare or have available a material safety data sheet (MSDS) under the Occupational FOR FURTHER INFORMATION CONTACT: Kathleen Brody, Program Analyst, Preparedness Staff, Office of Solid Waste and Emergency Response, WH562A. U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460. or the Chemical Emergency Preparedeness Program Hotline at 1(800) 535-0202, or in Washington, DC at (202) 479-2449. signed into law the Superfund Amendments and Reauthorization Act of 1986 (SARA), which revises and extends the authorities established under the Comprehensive Environmental Response. Compensation and Libility Act of 1980 (CERCLA). Commonly known as "Superfund." CERCLA provides authority for federal clean-up of sites where hazardous Safety and Health Act (OSHA) and its implementing regulations must submit the MSDS and the inventory forms to local and State officials. These reporting provisions give public access to information on hazardous chemicals present in the local community for a wide variety of uses including emergency response and environmental and public health planning priorities. Today. EPA publishes a revision of the form for inventory reporting based on public comment received on the January SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed in the following outline. I. Introduction A Statutory Authority B. Background 1. Superfund Amendments and Reauthorization Act of 1986 (SARA) 2. Title III 3. Subtitle B II. Summary of the Public Comments on the Proposed Rule Ul. Summary of Revisions to the Proposed materials have been deposited or released and for response to releases of hazardous substances or other contaminants. Title III of SARA establishes new authorities for emergency planning and preparedness, community right-to-know reporting, end toxic chemical release reporting. 2. Title III Title III of SARA, also known as the Emergency Planning and Community Right-to-Know Act of 1986, is intended 27,1987, proposal and the July 14.1987, Rule to encourage and support emergency notice reopening the comment period on several issues. EPA is also publishing the final rules for reporting under sections 311 and 312. EFFECTIVE dates: This rule becomes effective on October 15.1987. Other dates relevant to this rule include the following: 1. Initial submission of material safety data sheets or alternative list: October 17,1987 (or 90 days after the owner or operator of a facility i9 required to prepare or have available an MSDS for a hazardous chemical under OSHA regulations, whichever is later: For facilities newly subject to OSHA MSDS requirements in May 1988. MSDS or alternative lists will be due in August 1988). 2. Initial submission of the inventory form containing Tier I information: March 1.1988 (or March 1 of the first year after a facility is required to prepare or have available an MSDS for IV. Response to Major Public Comments A Definitions . B. Reporting Thresholds C. Submission of Material Safety Data Sheets D. Hazard Categories E. Mixtures F. Public Access to Information C. Trade Secrets and Confidentiality H. Design and Content of Forma I. Integration of Title III Federal Requirements with State and Local Programs J. Information Management K. Regulatory Impact Analysis L Miscellaneous V. Relationship to Other EPA Programs A. Other Title III Programs 1. Subtitle A -- Emergency Planning 2. Subtitle B -- Section 313 Emissions Inventory 3. Trade Secrets B. CERCLA Reporting Requirements VI. Effective Date VII. Regulatory Analyses planning efforts at the State and local levels and to provide citizens and local governments with information concerning potential chemical hazards present in their communities. Title III is organized into three subtitles. Subtitle A establishes the framework for State and local emergency planning. Final rules for facilities subject to Subtitle A requirements were published on April 22.1987. 52 FR 13378. Subtitle B provides the mechanism for community awareness concerning hazardous chemicals present in the locality. This information is critical for effective local contingency planning. Subtitle B includes requirements for the submission of material safety data sheets and emergency and hazardous chemical inventory forms to State and local governments as well as the submission of toxic chemical release forms to the States and EPA. Subtitle C that hazardous chemical under OSHA A. Regulatory Impact Analysis contains general provisions concerning regulations, whichever is later: For B. Regulatory Flexibility Act trade secret protection, enforcement, facilities newly subject to OSHA MSDS C. Paperwork Reduction Act citizen suits, and public availability of requirements in May 1988, Tier I VIII. Submission of Reports information. ABD00117158 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 33345 3. Subtitle B Subtitle B of Title III is primarily concerned with providing information to appropriate local. State, and federal officials on the type, amount, location, use. disposal, and release of chemicals at certain facilities. Subtitle B contains three reporting provisions. Section 311 requires the owner or operator of facilities subject to the Occupational Safety and Health Act of 1970 (OSHA) and regulations promulgated under that Act (IS U.S.C. 651 et seq. as amended. 52 FR 31652 (August 24,1967}) to submit material safety data sheets (MSDS). or a list of the chemicals for which the facility is required to have an MSDS. to the local emergency planning committees. State emergency response commissions, and local fire departments. The facilities are required to submit the MSDS or alternative list by October 17,1987, or three months after the facility is required to prepare or have an MSDS for a hazardous chemical under OSHA regulations, whichever is later. Information collection requirements are approved by Office of Management and Budget under control number 20500072.) Under section 312, owners and operators of facilities that must submit an MSDS under section 311 are also required to submit additional information on the hazardous chemicals present at the facility. Beginning March 1.1988, and annually thereafter, the owner or operator of such a facility must submit an inventory form containing an estimate-of the maximum amount of hazardous chemicals present at the facility during the preceding year, an estimate of the average daily amount of hazardous chemicals at the facility, and the location of these chemicals at the facility. Section 312(a) requires owners or operators of such facilities to submit the inventory form to the appropriate local emergency planning committee. State emergency response commission, and local fire department on or before March 1.1988 (or March 1 of the first year after the facility first becomes subject to the OSHA MSDS requirements for a hazardous chemical) and annually thereafter on March 1. Section 312 specifies that there be two reporting "tiers" containing information on hazardous chemicals at the facility in different levels of detail. "Tier I." containing general information on the amount and location of hazardous chemicals by category, is submitted annually. "Tier U," containing more detailed information on individual chemicals, is submitted upon request. A proposed rule setting forth sections 311 and 312 reporting requirements and forms for inventory reporting under section 312 was published on January 27,1987. 52 FR 2836. Additionally, on July 14.1987, EPA announced reopening of the comment period on three issues raised during the initial rulemaking and held a public meeting on those issues. 52 FR 26357 (July 14,1987). Today's rule finalizes the reporting requirements and the inventory forms, which have been revised based on public comment. Section 313 requires that certain facilities with ten or more employees that manufacture, process, or use a "toxic chemical" in excess of a statutorily-prescribed quantity submit annual information on the chemical and releases of the chemical into the environment. This information must be submitted to EPA end to the appropriate State offices annually beginning on July I, 1988. EPA is required under section 313fi) to establish a national toxic chemical inventory database for the management of these data. A proposed rule setting forth section 313 reporting requirements and a form for submission of such reports was published on June 4, 1987. 52 FR 21152. The public has access to most Title III information at locations designated by the Administrator, the State emergency response commission, or local emergency planning committee, as appropriate. II. Summary of the Public Comments on the Proposed Rule A total of 241 letters was received on the proposed rule setting forth sections 311 and 312 requirements and an additional 94 letters following the notice of the reopening of the comment period on July 14,1987. There were a number of comments requesting clarification of terms and exemptions provided in the rule. Specific comments focused on the definition of ``facility" and the need for clarification of the exemptions that are applicable to the definition of "hazardous chemical." particularly the exemptions related to research laboratories, household products, and solids. There were numerous comments on the proposed reporting threshold; these focused on the appropriate length of phase-in. appropriate reporting threshold quantities in each year, and the threshold for the extremely hazardous substance list. Many related comments identified the need for funds to implement these reporting requirements. Another issue commonly addressed by commenters was the need to reduce the number of physical and health hazard categories by which the MSDS list and Tier 1 and Tier II submissions are compiled. There were also comments on the design and content of the reporting forms. Other major issues were the need for integration of the federal reporting requirements into existing State and local programs and flexibility for effective implementation by State and local governments. Other comments addressed information management, the economic analysis and small business analysis, confidentiality of information, and enforcement and penalties. III. Summary of Revisions to the Proposed Rule This section describes the significant changes drat EPA has made to sections 311 and 312 reporting regulations based upon the public comments on the proposed rule. The following summary, which is organized according to the sections of the rule, describes each of the changes. Section 370.2 Definitions Under section 311. an alternative to submitting the actual MSDS for each "hazardous chemical" at a facility is the submission of a list of such chemicals, grouped in "categories of health and physical hazards" as set forth under OSHA ot its implementing regulations. Section 312 specifies that these categories should also be used in Tier I inventory reporting. EPA is authorized under these sections to alter these hazard categories. The proposed rule required use of the OSHA hazard classification but solicited comment on several other options for establishing hazard categories. Based on the numerous comments requesting modifications of the categories in the proposed rule, EPA has consolidated the 23 OSHA hazard categories into five categories, as discussed in more detail in Section IV.D. of this preamble. A definition for "hazard category" has been added to indicate the hazard classification to be used for Tier I and Tier 11 reporting and when the alternative list of chemicals rather than MSDS is submitted under 370.21 of the rule. Definitions of "extremely hazardous substance" and "threshold planning quantity" (TPQ) have also been added because of the reference to these terms in the minimum threshold regulation. Additionally, "present in the same form and concentration as a product packaged for distribution and use by the general public" is defined to help clarify ABD00117159 38346 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations the "household product" exemption. EPA also eliminated the reference to 40 CFR Part 300 for additional definition of terms, since all necessary terms are now defined in Parts 350 and 370. Finally, EPA eliminated the definition on "Act" because that term does not appear elsewhere in the regulations. Section 37(120 Applicability Several changes were made to this section based on public comment. First, EPA has ravised the threshold levels for reporting, as discussed in more detail in Section. IV.B. of this preamble. EPA has revised the rula to raise the threshold in the second year and to establish a threshold of 500 pounds or the TPQ, whichever is less, for extremely hazardous substances. (For list of extremely hazardous substances, see 52 FR13378 (April 22.1987). to be codified at 49 CFR Part 355.) Section 370.20 of the final rule has been revised to reflect these changes. Several commenters requested clarification on whether the threshold applies to the calendar year or to the year preceding October 17. Hie final rule was modified to delete reference to year in order to make dear that MSDS reporting on October 17.1987, is to be mads for chemicals present at or above the threshold on that date. With regard to inventory reporting. $ 37025 has been modified to make dear that reporting is for the preceding calendar year as spedfied under Section 312. In addition, the rule has been darified by setting out the threshold as they apply to MSDS reporting, inventory reporting, and facilities that become subject to these requirements after October 17.1987. Section 370.21, MSDS Reporting In response to a request for clarification regarding reporting of mixtures under the MSDS list reporting, S 37021(b)(ili) has been modified to indicate that the hazardous components of mixtures do not need to be reported on the list if the mixture itself is reported. The title of subsection (c) of $ 37021 has been changed from "update reporting" to "supplemental reporting" to reflect more accurately the content This paragraph has also been modified to require that revised MSDS be submitted not only to the committee as indicated in the proposed rule, but also to the commission and the fire department This change was made to ensure accuracy of the files held by these entities. Section 370.21(d) has been revised to clarify that facilities must respond to all requests for MSDS, including requests for MSDS below the threshold and MSDS for listed chemicals. Section 370.25(c) of the final rule indicates that the Tier II form must be submitted to the commission, the committee, and the fire department upon the request of such entities. In the proposed rule, the commission was omitted erroneously. Section 370.28 Mixtures Section (a) has been modified to indicate that reporting of mixtures under 37021 and 370.25 should be consistent "where practicable." This was done because one commenter pointed out that consistency in reporting may not always be possible: e.g., the percentage of the hazardous components may not be known. A new section (b) was added to describe the calculation of the quantity of mixtures, if the reporting is on each component that is a hazardous chemical, then the concentration of the hazardous chemical, in weight percent (greater than 1% or 0.1% if carcinogenic) must be multiplied by the mass (in pounds) of the mixture to determine the quantity of the hazardous chemical therein. If the reporting is on the mixture itself, the total quantity of the mixture must be reported. Sections 370.40 and 370.41 Inventory Forms As discussed in Section IV.l. of this preamble, several commented sought clarification on the extent to which State or local forms similar in purpose and content could be used in lieu of the form published under section 312. Because facilities will need some certainty in meeting their reporting obligations, EPA is clarifying die rule to indicate that the hums published today are to be considered uniform formats for reporting. However. State or local governments may add supplemental questions. New 51 370.40(a) and 370.41(a) address this issue in the final rule. This section has also been revised to correct an error in the proposed rulemaking that indicated that the Tier II form must be submitted to EPA. Section 370.41 in today's rule correctly indicates that the Tier II form must be submitted to the SERG LEPG and fire department as required in 370.25(c). In response to several comments concerning the average daily amount, EPA has changed the method of calculating this figure. The commenters' primary concern was the EPA's proposed method of calculation would create misleadingly low figures for chemicals that are present on-site for only short periods of time. On the final form, average daily amount is to be calculated by dividing the total of alt daily weights by the number of days and chemical was present on the site. To reflect the amount more accurately, however, EPA will require facilities to report the number of days used in the calculation. Although several commenters requested that EPA eliminate the requirement for a 24-hour emergency contact, the Agency has retained this requirement with minor changes, as discussed in Section 1V.H. of this preamble. The final forms for both Tier I and Tier II have space for two emergency contacts and contain amended instructions that allow the naming of an office, instead of an individual, as a contact. After considering numerous comments about the certification statement. EPA has deleted the word "immediately" from the proposed Tier I and Tier II certification statements. In its present form, the statement indicates that the person signing has read all the information in the inventory and has been responsible in a supervisory capacity--directly or indirectly--for the gathering of the information. EPA made several other minor changes in both the Tier I and Tier II forms. The revised forms include the correct 0-2-1 block format for CAS numbers and a 4-block format for SIC codes. The revised instructions include an explanation of where a facility can find its Dun 4 Bradstreet number, a clarification of the reporting of CAS numbers of mixtures, a statement of the thresholds promulgated by die regulations, and a clarification that those thresholds apply to the calendar year preceding the reporting deadline. Additionally, the instructions for the forms have been modified to differentiate between Title III and OSHA exemption, including the supplementary OSHA exemptions that apply under the newly revised hazard communication standard. In response to numerous comments, regarding the location identification system on the Tier II form, the Agency has clarified that the building and lot be indicated, at a minimum, and has added the option of providing a brief narrative statement of location to the site plan and site co-ordinates options. EPA has removed the 3-space site co-ordinate abbreviation and added a blank line to provide more space for this narrative description. Minor changes made to the Tier II form also include more space for the chemical name. In addition, code 6 of the temperature and pressure codes ("less than ambient temperature") was revised slightly to avoid overlap ABD00117160 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations 38347 between code 0 and code 7 ("cryogenic conditions"). IV. Reponses to Major Public Comments A document summarizing the comments and providing EPA's responses to all the public comments is available in the public docket to this final rule. The major issues raised by the commenters and the Agency's response to them are described below. A. Definitions l. "Facility" . Several commenters requested a clarification of the general definition of "facility" for purposes of Title III. Commenters requested that the term be limited to manufacturing, distribution, and storage facilities, or to operations required to prepare or have available an MSDS rather than the whole site. Other commenters asked the Agency to clarify whether the term excludes motor vehicles, rolling stock, and aircraft Additional comments questioned whether the term "facility" includes non-adjacent warehouses and contractors who bring hazardous materials onto a plant site. In both the proposed and final rules. EPA has codified the definition of "facility" provided in section 329 of SARA. Section 370.2 provides that for the purposes of these regulations, "facility" means all buildings and other stationary items located on contiguous property under common ownership or control. Certain non-stationary items (motor vehicles, rolling stock, and aircraft) are also considered facilities, but only for the purposes of emergency release notification under section 304 of the Act (codified at 40 CFR 355.40). Thus, transportation vehicles are not "facilities" for purposes of this rule. ('Transportation-related facilities" under Title III are further defined in 40 CFR 355.20.) In response to comments requesting ' EPA to limit "facility" to manufacturing, distribution, and storage, under Section 329, the term "facility" is not limited to manufacturing, distribution, and storage facilities, or operations required to prepare or have available an MSDS. However, sections 311 and 312 requirements are applicable only to facilities required to comply with the OSHA hazard communication standard, which is currently limited to facilities in SIC codes 20-39. OSHA has recently expanded the application of the hazard communication standard to facilities in the non-manufacturing sector, to be effective over the next nine months. 52 FR 51852 (August 24.1987). With respect to the non-adjacent warehouses, any offsite storage would be considered a separate facility because the definition of "facility" includes only odjacent or contiguous property. With respect to contractors bringing hazardous material on-sitc. the hazardous material brought to a facility is subject to sections 311 and 312 requirements if the facility is required to prepare or have available an MSDS for the material. Off-site contractors, if subject to OSHA MSDS requirements, will be required to submit MSDS and inventory forms for the material: 2. "Hazardous Chemical" Issues Several commenters believed that federal agencies should develop a common definition of "hazardous substance" and "hazardous chemical." Title 111 uses several different terms to describe related groups of substances. "Hazardous substances" are substances subject to CERCLA provisions and are defined in section 101(14) of that Act. "Extremely hazardous substances" are substances subject to the emergency planning provisions of Title 111 and are defined in section 302 of SARA. "Hazardous chemical" comprises the group of substances subject to sections 311 and 312 and is defined as all "hazardous chemicals" as defined under OSHA and its implementing regulations, but with five additional exclusions under section 311(e) of Title 111. Because all of these groups of substances are specifically defined by statute. EPA is not able.to revise the definitions to eliminate all differences among them. However. EPA is attempting to clarify the requirements pertaining to these different types of substances both through the Title in rulemakings and in future rulemakings concerning CERCLA hazardous substances so that any confusion generated by the different definitions is minimized. EPA received numerous requests for clarification of the OSHA definition of "hazardous chemical." Under OSHA's hazard communication standard, "hazardous chemical" is defined as any element chemical compound, or mixture of elements and compounds that is a physical or health hazard. 29 CFR 1910.1200(c). OSHA does not specifically list all of the substances that may be "hazardous chemicals" but provides definitions of hazards, criteria for evaluating hazard information, and sources of information to determine the physical and health hazards of each chemical. Section 311(e) provides five exclusions from this definition. These exclusions are listed under the definition of "hazardous chemical" under % 370.2 of this regulation. OSHA regulations also exempt other substances and products irom the MSDS requirements, including Resource Conservation and Recovery Act (RCRA) hazardous wastes, tobacco products, wood, and manufactured articles. Because these are not exclusions from the definition of "hazardous chemical" but rather from the applicability of the MSDS requirements, these exclusions are not listed under 370.2 of the final rule, as requested by a commenter, but are provided in the instructions on the Tier 1 and Tier 11 forms. 3. "Research Laboratory" The Agency received numerous comments requesting clarification of the exemption under section 311(e) for chemicals used in research or medical facilities. Section 311(e)(4) of SARA and $ 370.2 of the regulations exclude from the definition of "hazardous chemical" any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. EPA believes that this exclusion Is designed to exempt facilities where small amounts of many types of chemicals are used, or stored for short periods, that are not hazardous to the general public when administered or used under appropriate supervision. In addition, it is important to recognize that the exemption applies to the substance used, rather than to the entire facility. Thus, research and medical facilities are not exempted from reporting requirements under sections 311 and 312; rather, they will not need to provide information on many of their chemicals. With respect to research laboratories, EPA interprets the exclusion to apply to research facilities as well as quality control laboratory operations located within manufacturing facilities. However, laboratories that produce chemical specialty products or full-scale pilot plant operations are considered to be part of manufacturing rather than > research operations and would not be a "research laboratory." EPA bas adopted this interpretation of "research laboratories" because it is consistent with the interpretation of "laboratory operations" used by OSHA in enforcing its limited requirements under the hazard communication standard for such facilities. In addition, the Agency believes this definition is consistent with the purpose of this exemption because it confines the exclusion to operations where small quantities of hazardous substances are used for short periods of time under the supervision of highly trained individuals. ABD00117161 38918 Federal Register / Vol. 52, No. 199 / Thursday. October 15, 1987 / Rules and Regulations With respect to medical facilities, commenters requested that EPA exempt veterinary and dental operations and portions of facilities dedicated to medical or first-aid purposes. In contrast, one coramenter requested that EPA eliminate the exclusion for medical facilities. EPA does not believe that it has the authority to expand the definition of "hazardous chemical" beyond that provided by Congress in section 311(e) and therefore cannot eliminate the exclusion for substances used hr medical facilities. However, as noted earlier, the exclusion is not for medical facilities but is limited to substances used in-the facility for medical purposes. In addition, such substances must be used under the direct supervision of technically qualified individual. A medical facility might also use or storehazardous, chemicals that are not used for medical purposes under the supervision of a "technically qualified individual.'' Such chemicals would be subject to sections 311 and 312 requirements unless excluded onder another exemption under seedon 311 or QSHA. With respect to the scope of the definition of "medical facility." EPA believes that the term includes veterinary and dental operations and any portion of a facility devoted to medical treatment, including first-aid. 4. "Household Products'*' Several commenters requested clarification of the household product exemption. One commenter specifically requested clarification about petroleum products. Section 3tl(ey exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal family, or household purposes, or is present in the same form and. concentration as a product packaged for distribution and use by the general public. EPA interprets this exclusion to apply to household or consumer products, either in useby the general public or in commercial or industrial use when in the same form and concentration as the product intended for use by the public. Because the public is generally familiar with such substances, their hazards, and their likely locations, the disclosure of such substances is unnecessary for right-toknow purposes. This exemption is for general household and domestic products, and thus the clearest example of its application is ordinary household products stored in a home or located on a retailer's shelf. However. EPA believes that this exemption also applies to such products prior to distribution to the consumer when in the same form and concentration, and to such products when not intended for use by the general public. Thus, the exemption also applies to any substance packaged in the same form and concentration as a consumer product whether or not it is used for the same purpose as the consumer product. In addition, the exemption applies to such products when purchased in larger quantities by industrial facilities if packaged in substantially the same form as the consumer product and present in the same concentration. The exemption will not apply to substances present in different concentrations from the consumer products'even if the substance is only used in small quantities. In the July 14,198?, notice. EPA requested comment on the scope of the exemption from the definition of "hazardous chemical" under section 311(e)) for consumer or household products. EPA spetificaily requested, comment on whether the term "form." in the phrase "present hr the same form and concentration ae a-product packaged for distribution and use by the general public" should refer to the packaging of the product or only the physical state. Most commenters on the notice supported EPA's interpretation that this exemption would apply to a substance in the same concentration as the analogous consumer product whether or not it is used for the same purpose or intended for use or distribution to the general public. Thus, a product labelled "for industrial use only" would qualify for this exemption if it was in the same form and.concentration as the analogous product used by the general public. However* several commenters disagreed,with EPA'aproposed interpretation that the term "form" refer to the packaging, rather than the physical state, ofthe substance. One commenter argued that the packaging of a product does not usually affect its hazardous properties. EPA disagrees; the packaging of the product not only may affect the hazard presented by a particular substance but also will afreet the degree to which the public will be generally familiar with the substance, its hazards, and its likely locations. For instance, if "form" refers only to physical state, then the amount of the product present in a container is irrelevant. Thus, a substance may be packaged in small containers when distributed as a household product but transported or stored in bulk quantities when used for other purposes. Even though in the same concentration as the household product, a substance may pose much greater hazards when present in significantly larger quantities. In addition, while the general public may be familiar with the hazards posed by small packages of hazardous materials, they may not be as aware of the hazards posed by or likely locations of the same substances when transported or stored in bulk. As a result. EPA has retained the proposed interpretation of the consumer product exemption as more consistent with the community right-to-know purpose of section 311 and the section 311(e) exemptions. EPA has also added a definition of this exemption to the regulation. One commenter stated that the reference to this exemption aa the "household product exemption" implies that products used for personal or family purposes but that would not normally be considered "household products" are not exempted.. However, section 311(e) explicitly refers to substances used for "personal, family; os household purposes," and-EPA did not intend t.o imply any limitation on this exemption that would exclude only substances' used for household purposes. Concerning the effect of the exemption, EPA agrees with commenters who suggested that the exemption for consumer products applies even if the owner or operator of the facility must prepare or have available an MSDS for the substance. The requirements for MSDS submission, both in the statute and under the regulation, apply only to a facility that is required* to prepare or have available anMSDSfor a hazardous chemicaL .... Because Title U1 contains exemptions from the definition of hazardous chemical that do not occur under the OSHA hazard communication standard, not all MSDS are subject to the MSDS reporting requirement under Tide 111. This is true of all exemptions under section 311(e), not just the household product exemption. With respect to petroleum products, a petroleum product is excluded from the definition of hazardous chemical only when used for personal, family, or household purposes, such as gasoline in a family motor vehicle, or when the petroleum product is packaged In the same manner as a product available to the general public, such as a can of motor oil. Certain petroleum products or petroleum-derived materials may also be excluded under section 311(e)(5) when they are used as part of routine agricultural operations or are fertilizers held for sale by retailers. 5. Other Exemptions ABD00117162 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38349 R A number of comments dealt with exemptions of specific substances or facility types. With respect to questions concerning the exemption of radioactive sources, non-isolated intermediates, and scrap steel or steel and metal components, MSDS for these substances are required under Title 111 only if MSDS are necessary for them under OSHA and they meet the definition of "hazardous chemical" under section 311(e). For example, OSHA requires MSDS for non isolated intermediates, and EPA does not see the need to exempt these substances from reporting. OSHA has not included radioactivity as a hazard to be covered under the HCS. Such hazards would generally be covered under rales of the Nuclear Regulatory Commission or OSHA's radiation rule. Tires, radioactive substances are not subject to reporting under sections 311 and 312. Steel and other similar non-reactive solids are generally exempt from MSDS requirement under OSHA (and thus from sections 311 and 312) when they are articles shaped during manufacture whose end use depends upon that shape. (See 29 CFR 19mi200(b).) Even if subject to die OSHA MSDS requirements, steel and other manufactured solids are excluded from sections 311 and 312 reporting under section 311(e)(2). Other comments concerning exemptions tooched on the applicability of these requirements to newspaper producers, general merchandise retailers, and suppliers, dealers, or wholesalers who are not involved in the manufacture, repackaging, or use of hazardous chemicals. Contrary to the coalmenters' suggestions that reporting by such facilities would be unnecessary, the Agency does not believe that exemptions for these facilities would be justified at this time. The basis of community right-to-know is not simply the risk that the specific facility may pose to a community by virtue of its manufacture, processing, or direct use of a chemical, but rather, the availability of information to the surrounding community concerning the amounts and location of certain substances that are present at a facility. Thus, if newspaper producers or merchandise suppliers, retailers, or dealers use. handle, or store "hazardous chemicals" for which an MSDS is required under OSHA, the public should have access to that information. One commenter sought clarification of whether "storage" includes materials in pipelines and similar transportation systems. Pipelines are part of the transportation exclusion under section 327. which excludes transportationrelated facilities from all requirements under Title IU except Section 304 release notification. Thus, materials on pipelines are not subject to the Section 311 and 312 reporting requirements. Several commenters offered recommendations on exemptions in the agricultural area. Section 311(e)(5) is a 2part exemption that excludes retailers of fertilizer from reporting requirements for the fertilizer and also excludes ^ay substance when used in routine agricultural operations. EPA believes that this exemption is designed to eliminate reporting of fertilizers, pesticides, and other chemical substances when applied, administered, or otherwise used as part of routine agricultural activities. Fertilizers handled by retailers, even though not directly utilized by such persons for agricultural purposes, are also excluded. Because the general public is familiar with the application of agricultural chemicals as part of common farm, nursery, or livestock production activities, and the retail sale of fertilizers, there is no community need for reporting of the presence of these chemicals. EPA agrees with the commenter who requested that the agricultural exemption be applied to horticultural growers. The term "agricultural" is a broad term encompassing a wide range of growing operations, not just farms, and includes nurseries and other horticultural operations. In addition, the general public is likely to expect pesticides and fertilizers to be used in such operations. Another commenter would exempt farm supply co-operatives and other retail distributors of agricultural chemicals. Under section 311(e)(5). substances sold as fertilizers would not need to be reported under sections 311 and 312 by retail sellers because such substances are not "hazardous chemicals." However, other agricultural chemicals, such as pesticides, would need to be reported by retailers and suppliers of such chemicals if and when they become subject to the OSHA hazard communication standard. The exemption for substances used in routine agricultural operations applies only to substances stored or used by the agricultural user. Thus, agricultural chemical retail and storage operations not now covered by the OSHA hazard communication standard will also become subject to reporting under sections 311 and 312 of Title HI when the OSHA MSDS requirements for such businesses become effective. B. Thresholds 1. Threshold Quantities for the Hazardous Chemicals in Each Year and the Appropriate Phase-in Section 370.20 of the proposed rule was designed to allow facilities and State and local governments to phase in the receipt and submission of reports under sections 311 and 312 over three years. In the first year, only chemicals stored in excess of 10.000 pounds were to be reported; in the second year, the threshold was to drop to 500 pounds, triggering reporting on chemicals stored between 500 and 10.000 pounds; in the third year, there was no threshold, so that all remaining hazardous chemicals were to be reported. EPA solicited comments in the proposed rale on the appropriate length of the phase-in period and threshold levels for each year. After receiving and considering the comments concerning the phase-in threshold. EPA reopened the comment period on those issues is the July 14.1987. notice. EPA requested comment on an option under which the first-year threshold would be 10,000 pounds, maintained at 10.000 pounds in the second year, and dropped to 500 pounds in the third and final year of the phase-in. a. Length ofphose-m. Numerous commenters addressed the issues of the number of years for phase-in of reporting the appropriate threshold levels for each year. By far, most comments on the phase-in approach viewed it favorably, either stating specifically that the commenter was in favor of a phase-in approach, or suggesting alternative phase-in schemes ranging from two to ten years in length. The general reasons given in favor of phasing-in the reporting were; alleviating the administrative burden on government and industry and allowing time for information management planning and for the development of information management systems. f Fewer than ten of the more than 90 comments dealing with the phase-in opposed the approach. Some of these comments questioned whether or not EPA had statutory authority to use die phase-in approach; others said that the information should be immediately available or suggested that a phase-in would not alleviate the burdens on government and industry but simply spread the burdens out over time. Most of the commenters who favored the phase-in approach supported a 3year phase-in schedule. Some commenters. however, suggested that ABD00117163 38350 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations K the phase-in be lengthened, in order to the 3-ycar phase-in approach in the final numerous chemicals stored in very smjll provide more time for proper evaluation rule with some modifications. quantities, the data management burden and management of incoming data, as EPA recognizes the concern expressed created by zero thresholds could be well as to give industry time to set up by some commenters over the overwhelming for the recipients of the ! appropriate data management systems. immediate need to have access to data, thus jeopardizing public access to Comments suggesting a phase-in valuable information on chemicals the information. Second, they argued longer than three years fell into three stored below the threshold level. In that non-zero threshold levels could lie categories. About half of these used response. EPA believes that the rule established that would capture all EPA's proposed initial threshold but reduces the potential loss of important substances of concern to the community maintained at least one initial or information due to the threshold in or emergency response personnel and intermediate threshold for two or more several ways. First, as discussed below. fire departments. Finally, a large years, allowing for more gradual 370.20 provides no phase-in of majority of those arguing for non-zero adjustment to the final threshold level. thresholds for extremely hazardous thresholds also suggested that the same Approximately one-quarter of the substances, which are substances threshold should not apply to the comments requested higher initial identified by Title III as significant for extremely hazardous substance list: threshold quantities (ranging from 20.000 emergency planning. Second, the public thus, they argued that information on up to 100.000 pounds) and suggested retains access, by request, to MSDS for chemicals of concern at lower levels reasonable extension to the phase-in chemicals stored below the threshold. could be made available without period. The third group requested a Third. EPA has retained a relatively requiring reporting at those levels for all longer phase-in. without specific short. 3-year phase-in schedule so that chemicals. quantity suggestions. Several individuals favored a "wait and see" approach, suggesting that EPA should the baseline threshold is achieved quickly. EPA recognizes that extending the Although several commenters requested that the final threshold be non-zero without specifying the amount, re-evaluate the final threshold decision in the second or third year. Nearly all commenters on the July 14 notice supported the 3-year phase-in. EPA disagrees with commenters who questioned EPA's statutory authority to establish phase-in thresholds. Section 311(b) provides very broad authority to the Administrator to establish threshold quantities below which a facility may be exempted from reporting under sections 311 and 312. Given the serious concerns raised in the legislative history over the paperwork burden that may be created for State and local governments under these provisions. EPA believes that Congress intended EPA to use this broad authority to establish thresholds that would appropriately balance the public right-to-knaw with the potentially overwhelming flood of information to State and local governments, especially in the first years of the program. EPA has thus used its authority to fashion the thresholds to meet this Congressional objective. EPA has found no indication phase-in beyond three years would provide government and industry with additional time to adjust and thus might be beneficial. There is. however, some burden potentially associated with extending the phase-in period, since it delays the date at which full reporting above the permanent threshold is mandatory. In doing so, it prolongs the uncertainty over how much and what information may be generated and may increase die number of requests during that time. In addition, as discussed below. EPA is not raising the initial threshold above the proposed threshold level (10,000 pounds), thus obviating the need to prolong the phase-in on that ground. b. Threshold Quantities--i. Final Threshold Level. One of the most significant issues in the rulemaking was the issue of whether or not EPA should establish a non-zero threshold in the last year of the phase-in. Approximately 100 commenters addressed the issue of whether or not zero was an appropriate permanent the majority of comments contained suggestions for a final threshold, ranging from de minimis or one-pound quantities up to 50.000 pounds. However, few commenters provided a justification for the numbers they suggested. EPA believes that there are several competing concerns that must be weighed in determining an appropriate final threshold level. First, information on chemicals of most concern to planners and communities must be readily available. In addition, enough information should be available for members of the public and public officials to be able to ascertain what additional information they want to request. Third, the burden generated for government recipients of the reports should be manageable. After considering the arguments both supporting and opposing the establishment of a non-zero threshold in the final year of the phase-in. and after considering the comments on the 500pound permanent threshold that EPA suggested in the July 14 notice. EPA i in the statutory language or legislative history that the establishment of reporting threshold, with or without the believes that the balance of these phase-in approach. Of these, few concerns weighs in favor of a non-zero If thresholds based on time as well as favored the proposed reduction of the threshold. amounts of chemicals would be inconsistent with Congressional intent threshold to zero in the final year. Arguments made by those favoring However, at this time the Agency is not setting a final threshold, but will EPA agrees with the majority of the zero threshold emphasized (a) the propose one after conducting a study of commenters. who stressed the volume of information that would be alternative thresholds. The Agency has f importance of providing time for local and State governments to set up data lost through establishment of a non-zero considered 500 pounds (approximately threshold, (b) the difficulty of requesting the weight of a 55-gallon drum) as the management systems by reducing the desired information below the threshold final threshold beginning in the third volume of information being processed without the chemical-specific year of reporting. Five hundred pounds initially. Because EPA continues to information in section 311 for all thus will be the point of departure for believe that the phase-in of information volumes of chemicals, and (c) the discussion of a final threshold. This is crucial to the development of effective potential hazards posed by small threshold would eliminate automatic Title 111 right-to-know programs and that quantities of chemicals. reporting of numerous chemicals that there is no specific limitation on the type The points raised by proponents of arc stored in smaller quantities. As t of threshold EPA may establish under non-zero thresholds fall into several discussed in more detail below, ^* the statute. EPA has.decided to retain general groups. First, because there are estimates based on available evidence ABD00117164 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations 38351 suggest that 35 to 57 percent of MSDS would be subject to sections 311 and 312 reporting, except upon request, as a result of the 500-pound threshold. While a 500-pound threshold would eliminate numerous reports of de minimis levels of hazardous chemicals, a substantia! volume of information would still be provided to State and local governments. The 500-pound level is also the most common non-zero threshold in effect m States with community rigbt-to-know laws. Over half of al! States have community right- fo-know laws. Ahnost one-third of these have a threshold of 500 pounds; the remaining States have thresholds ranging from zero to 500 pounds. This is important since EPA's primary concern in establishing thresholds under sections 311 and 312 is to prevent State and local governments from being so overwhelmed with submissions under this program that effective public access and government use of the information are not possible. A significant number of commenters also supported the 500- pound threshold. Finally, the expansion of OSHA'a hazard communication standard to non manufacturing employers and the consequent changes in both the number of MSDS and the number of facilities covered by Title III magnify the difficulties associated with a lower, or zero threshold. Because the community right-to-know laws in some of the States described above provide broader coverage than is currently provided under sections 311 and 312 (i.e., they include non-manufacturing facilities that wifi not be subject to sections 311 and 312 requirements until May, 1988), they provide a significant measure of the continued appropriateness of this threshold when these requirements become applicable concurrently with the expanded hazard communication standard. Even if EPA were to establish such a 500-pcrund threshold, this would not suggest that no chemicals of interest to emergency responders, planners, fire departments, or the public are stored in quantities less than 500 pounds, or that all chemicals stored above 500 pounds pose a hazard to the community. Rather, this threshold would attempt to establish a balance between setting the level high enough to avoid an overwhelming paper burden for State and local governments and low enough to avoid a loss of substantial amounts of information. Similarly, a threshold less than 500 pounds would likely present an unmanageable administrative burden. Thus. States or local governments could request information on substances below the threshold, or a State could require reporting at lower thresholds under State law. EPA has also considered higher Final threshold levels. As part of the Regulatory Impact Analysis (RIA) in support of the proposed rulemaking. EPA estimated the percentage of chemicals and facilities that would be covered at different threshold levels. This analysis was revised and expanded for the RIA in support of final rulemaking. The analysis is the final RIA of the effects of thresholds on reporting is based on data sets provided by three States (New Jersey, New York, and Michigan) on the quantity of chemicals stored at a substantial number of manufacturing facilities, for limited lists of hazardous substances. Although the data from each State were adjusted so that the results would be representative of the effects of thresholds nationwide, the limited numbers of facilities reporting, the restrictive chemical Inis* and other limitations of the data suggest that the results be viewed with caution. EPA analyzed four alternatives for the final threshold. Estimates indicate that a 500-pound threshold would lead to reporting by between 50 and 82 percent of the facilities covered by current OSHA requirements, and submissions of between 35 and 57 percent of the MSDS for these chemicals. At this level, the cost to industry in the third year 19 estimated to be S348 million. At higher thresholds, reporting would be further reduced: a 2.000-pound threshold could result in between 35 and 47 percent of facilities reporting and 22 to 32 percent of chemicals being reported. At the 2,000 pound level, the cost to industry in the third, year is estimated to be S225 million. In addition, a threshold that reduces reporting significantly could place substantial burdens on all parlies by increasing the numbers of requests made by government and the public for additional information from facilities. On the other hand, a 50-pound threshold could result in between 77 and 90 percent of facilities reporting and between 64 and 79 percent of chemicals reported. At this level, the cost to industry in the third year is estimated to be $387 million. At a zero threshold level, the cost to industry in the third year is estimated to be $500 million. Although information indicates that the 500-pound threshold may represent the most appropriate balance between the broad right-to-know information submission objectives of these provisions and the need to avoid overwhelming State and local governments with the submission of vast amounts of information on de minimis amounts of chemicals. EPA is deferring the establishment of a threshold in the third year of the phasein. The substantial number and variation of comments received on this issue and the great uncertainty over the impact of these requirements on the recipients of this information, and ultimately on the effectiveness of this program, create a need for further study prior to establishing a permanent threshold level. After the initial submission of the Section 312 inventory forms in March. 1988, EPA will have more information about the effectiveness of the regulatory thresholds under the federal right-to- know program. During this evaluation. EPA will examine compliance experience with both State and federal right-to-know programs, the completeness of information generated under these programs, the ability of State and local officials to manage and provide public access to this information, the number and source of requests for additional facility .. information, and volumes of hazardous chemicals covered at a range of thresholds As stated above, following such review, EPA will initiate another rulemaking to establish the final year thresholds. ii. Initial Threshold Levels. Approximately 50 comments on the proposal addressed the issue of the threshold level in the initial year of a phase-in. either by proposing a specific 'phase-in schedule of quantities or by registering support of the EPA proposal but suggesting a modification, for the. final year. Over halfof these comments favored 10.000 pounds. The remaining suggestions ranged between l&jOOO and 100.000 pounds (one comment suggested up to 500.000 pounds for some chemicals), with a substantial number favoring 50,000 pounds. In general, arguments that supported raising the first-year threshold emphasized the consequent decrease in * the reporting burden and the belief that adequate information on large volume chemicals would still be available with a higher threshold. After considering comments on the proposal and the July 14 notice, EPA has decided to retain 10,000 pounds as the initial threshold because that level provides the appropriate balance between ensuring that the public has access to information on large volume chemicals and reducing the number of reports to manageable levels in the first years of the program. EPA has rejected establishing higher initial thresholds because it believes that a threshold greater than 10.000 pounds might not ABD00117165 V vif- 38352 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations provide sufficient information in the first year of reporting; the best estimates available to EPA indicate that a threshold equal to 10,000 pounds may reduce reporting to less than 13 to 22 percent of facilities or 8 to 13 percent of chemicals. EPA believes that a reduction in reporting below these levels would not be consistent with the community right-to-know purpose of these provisions and would provide marginal benefits In terms of information management, in comparison with a 10,000-pound reporting threshold. iii. Thresholds for Non-manufacturing Facilities. As indicated in the January 27 proposal and in the July 14 notice. EPA believes that section 311 and 312 reporting requirements apply to any facilities subject to OSHA's MSDS requirements for any Title IQ "hazardous chemical." Because these requirements are self-implementing under the statute, EPA does not need to promulgate a rule in order for these reporting requirements to become effective. Under section 311(d), facilities must submit an MSDS for each hazardous chemical (or a list of such chemicals) to the appropriate State and local authorities by October 17,1987, or within three months after they are required to have or prepare such an MSDS. Thus, under the statute, facilities rawly covered by the OSHA MSDS requirements must submit those MSDS within three months after they are required to comply with the MSDS requirements. Because OSHA's MSDS requirements will become effective for the non-manufacturing sector in May, 1988 (see 52 FR 31852, (August 24.1987)}, such facilities will be required to submit these MSDS under section 311 in August 1988. Similarly, inventory forms under section 312 for these facilities must be submitted annually beginning March 1,1989. However, although the section 311 and 312 requirements take effect without any regulatory action on the part of EPA. the Agency may, by exercising its discretion under the statute to establish minimum thresholds for reporting, limit the facilities or number of MSDS to be submitted under these provisions. EPA has, under this rule, established such thresholds and amended the proposed threshold regulation specifically to provide analogous thresholds to facilities newly subject to these requirements after October 17.1987. Some commenters have suggested that EPA limit this rule to facilities currently subject to the OSHA MSDS requirements, i.e., facilities in SIC codes 20-39. However, the effect of such limitation would not be to limit the scope of the section 311 and 312 reporting requirements since such requirements are effective without regulation, but rather to limit the thresholds established by this rule to manufacturing facilities. A zero threshold would thus be in effect for facilities in the non-manufacturing sector that become subject to the MSDS requirements in May, 1988. and would result in precisely the paperwork burden that the thresholds in this rule are intended to avoid. Moreover. EPA solicited comment on the appropriateness of the thresholds in today's rule as they would apply to the expected OSHA expansion universe. Based on information currently available. EPA believes that the thresholds applicable to the manufacturing sector currently subject to sections 311 and 312 would be equally applicable to the non-manufacturing facilities that will soon be subject to the MSDS requirements. However, as a result of concerns raised over the possible need to provide different thresholds for the facilities newly subject to these requirements as a result of OSHA's expanded MSDS requirements, EPA is undertaking additional analysis of the universe newly-covered by the OSHA MSDS requirements. This analysis will include a more detailed analysis of small business impacts, a review of some current State right-to-know programs that cover non-manufacturing, and the need for different thresholds for such facilities. Following such review and prior to the time that this rule requires actions by the newly covered non manufacturing universe, EPA will make the analysis public, receive comment, and, if appropriate, revise the relevant thresholds. 2. Thresholds for the Extremely Hazardous Substances and Other Chemical Lists In the proposed rule. EPA provided an exeception to the phase-in for substances on the list of extremely hazardous substances under section 302 of Title 111. The threshold for reporting of such substances was zero in the first year. EPA requested comments on whether the threshold provision should contain this exception and whether there should be additional exceptions for other special chemical lists. A majority of the over 60 comments on this issue suggested that thresholds should be lower for some classes of hazardous chemicals (than for hazardous chemicals in general), but that the threshold for such substance should still be non-zero. Several comments requested that there be no "special chemical exception" to the reporting thresholds on the basis that it complicated the process. A few commenters suggested zero or very low thresholds for varying lists of chemicals (e.g.. SARA section 302 Extremely Hazardous Substances (EHS). carcinogens on the IARC list, other known human carcinogens, or SARA section 313 chemicals). Those comments that addressed the EHS list were split between suggesting thresholds equal to the "reportable quantities" (RQs) and thresholds equal to the "threshold planning quantities" (TPQs) for the EHS. (See the April 22.1987. final rule for further dismission of RQs and TPQs. 52 FR 13378.) Of the comments favoring thresholds that are lower for the EHS than for hazardous substances in general, most favored a non-zero threshold and argued that the burden of accounting for and reporting de minimis quantities far outweighs the risk posed by the EHS in very small quantities. Several commenters argued that reporting of minute quantities of these chemicals creates an unnecessary burden on local and State governments and on emergency response groups who receive the information. Several arguments were made concerning the appropriateness of the TPQs or the RQs for EHS thresholds. The risk of off-site hazard posed by these chemicals either for emergency planning or for emergency response purposes has already been explicitly taken into account In determining the TPQs and RQs. Thus, several comments argued, quantities stored below these , amounts are unimportant for planning, response, or other purposes of sections 311 and 312. After consideration of the several arguments and approaches suggested by commenters. EPA suggested a onepound de minimis threshold for the EHS list in the July 14 notice. Based on the additional comments received on the notice. EPA has decided to revise the rule to establish a reporting threshold for each EHS of 500 pounds or the TPQ, whichever is less. This threshold will be effective from the first year of reporting onward. There are several reasons for establishing these thresholds. First, EPA continues to believe that reporting on the EHS should not be subject to the phase-in. Because, based on the information available to date, EPA believes that the 500-pound level represents an appropriate permanent threshold, the Agency is requiring reporting of EHS at a 500-pound tlircshold during the first year of ABD00117166 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38353 reporting, so that information on these chemicals can be made available to the community, while initial planning efforts under section 303 are underway. In addition, the EHS list represents chemicals that are of particular interest to the community; the TPQs have been established as representing quantities of these chemicals that may pose risks to the community and. thus, are of interest to emergency planners. The Agency has decided therefore, that for each EHS for which the TPQ is less than 500 pounds, the threshold in the first year and in subsequent years should be the TPQ. This will ensure that information concerning these chemicals will be available not only to emergency planners, but to emergency responders and the general community as well. EPA is not expanding the list of chemicals subject to the "special . chemical threshold" beyond the EHS list EPA has singled out the EHS list as an exception to the phase-in for several reasons. Although there are numerous chemical lists referenced in Title in, the Agency believes that information concerning EHS will be critical for States and local governments during the next year when emergency planning efforts are under way. Under section 303 of Title UI. local committees must prepare an emergency response plan by October, 1988. Because the EHS list developed under section 302 of Title 1U is intended to be the basis of initial emergency planning efforts under section 303, information concerning all EHS present at facilities will be critical in the first year of section 311 reporting. EPA believes that such information should be made easily accessible to the local planning committee through mandatory reporting under sections 311 and 312, rather than burdening the committee in the first year of its ' organization with the need to request' information on EHS from each facility under section 303(d) or section 311(c). ' C. Submission ofMaterial Safety Data Sheets 1. Material Safety Data Sheet (M8DS) or List Option A facility may meet the requirements of section 311 either through submission of MSDS or a list of chemicals for which an MSDS is required. In the preamble to the proposed rule, the Agency encouraged facilities to exercise the list option whenever possible. With one exception, the commenters indicated unqualified support of the list option. In addition, many commenters inquired whether use of MSDS for routine reporting of potential community hazards is actually productive and cost- effective. However, numerous commenters indicated that the lists would be difficult to prepare because of the difficulty in using the 23 hazard categories. As discussed in more detail in Section III. D. EPA has reduced the number of hazard categories in this final rulemaking in order to facilitate list reporting. EPA is continuing to encourage list reporting because it reduces the information management burden on recipients of the information without substantially reducing the amount of information provided. One commenter requested clarification regarding the right of a State emergency response commission or local emergency planning committee to mandate the submission of a list rather than the actual MSDS. Because the federal law expressly provides that facilities may choose whether to submit a chemical list or each MSDS, EPA has also provided this option in today's final rule. However, State or local governments may effectively limit this choice by establishing reporting requirements pursuant to their own authority. 2. Format and Content of Material Data Sheets Several commenters requested various changes to the MSDS format, such as the inclusion of the hazard categories on the MSDS. EPA agrees that the addition of hazard categories on the MSDS would be useful and encourages chemical manufacturers to include this information. However, EPA does not believe that modification of the MSDS can be required In this rule; the content of the MSDS is subject to the regulatory authority of OSHA, not EPA. A number of commenters raised concerns about the responsibility for accuracy of MSDS information on the part of manufacturers and chemical users who pas's on an MSDS received from other manufacturers. "Downstream" recipients of an MSDS are not generally responsible for its content. However. EPA believes that if an owner or operator is aware of inaccurate or inconsistent information, he should take reasonable steps to clarify the information or alert the recipients of the information when it is distributed that it may be inaccurate. 3. Revisions and Updates Two commenters requested clarification of the requirement to submit revised material safety data sheets as applied to a facility that had exercised the list option. Further clarification was also requested regarding any obligation to submit a revised MSDS if the original was submitted as a result of a public request. Section 311(d) requires a facility to submit an MSDS or list by October 17, 1987. or within three months after the owner or operator is required to prepare or have available an MSDS for the chemical, whichever is later. An owner or operator is also required to submit a revised MSDS within three months of the discovery of significant new information concerning a chemical for which an MSDS was submitted. If a facility has submitted only a list of chemicals rather than the actual MSDS. the facility does not need to file a revised MSDS upon discovery of new information. However, after October 17, 1987, if additional hazardous chemicals become present at such facility, a list of these (or the MSDS) must be submitted to the State commission, local committee, and fire department within three months. Once an MSDS is submitted, even as a result of a request a revised MSDS must be submitted if the owner or operator receives significant new information concerning the substance. Because the OSHA regulations require MSDS to be revised within three months after a chemical manufacturer or employer becomes aware of significant new information concerning the hazards of a chemical,, the Title IH regulations merely require that such revised MSDS also be submitted to the agencies that have the original MSDS. . :.y. D. Categories forReporting " Section 311 iistreporting and section 312 Tier I reporting requirements were initially based on the 23 physical and health hazards identified under OSHA regulations. To facilitate reporting under sections 311 and 312, Title 111 permits the Administrator to modify the categories of health and physical hazards set forth under OSHA regulations by requiring information to be reported in terms of t "groups of hazardous chemicals which present similar hazards in an emergency." Additionally, for Tier I reporting, the Administrator may require reporting on individual hazardous chemicals of special concern to emergency response personnel. In the January 27 proposal, the Agency proposed the use of the 23 OSHA categories for reporting but solicited comments on approaches for modification of the reporting categories. EPA recognized that a smaller number of reporting categories might facilitate the manageability of the information and enhance its usefulness, particularly since information on chemicals that ABD00117167 36354 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations present more than one hazard must be provided in all applicable categories. EPA specifically requested comment on two approaches for modification: Use of the eight DOT hazard labeling categories and use of a 5-category scheme with two health hazard categories and three physical hazard categories. The July 14.1987, Federal Register notice specifically requested comment on the proposed use of the 5category scheme. In response to the January 27 proposed rule. EPA received over 100 comments that disagreed with the use of the 23 OHSA categories, while only four commenters supported their use. Many of those commenters that disagreed provided alternative categorization schemes. Many comments supported the Department of Transportation (DOT) categorization schema is combination with additional health hazard categories. The main advantage to using the DOT categorization would be that emergency, response personnel are already familiar with these categories. However, it was designed for hazardous material transportation and reflects an emphasis primarily on immediate health and physical hazards. Thus, the Agency believes that the DOT categories would have to be revised to address delayed (chronic) hazards adequately before this option could be used for Sections 311 and 312. EPA believes that altering the DOT categorization scheme would result in some confusion and reduce the effectiveness of this option. EPA received several additional proposals for the modification of the reporting categories. However, all of fees* alternatives wererejected because they either did not adequately encompass the OSHA hazard clssses, did not sufficiently redace multiple ' reporting, or did not sufficiently reduce the burden of reporting and interpreting data by decreasing the number of reporting categories. After consideration of tiiese comments, the suggested alternative*, and the harden of using the proposed 23 categories. EPA has revised the rule to reduce the number of reporting categories. Today's rule contains the 5category scheme described by EPA in the Preamble to the proposal and in the July 14 notice: two health hazard categories (immediate or acute hazards and delayed or chronic hazards) and three physical hazard categories (fire hazards, sudden release of pressure hazards, and reactivity hazards). This scheme was supported by a substantial number of commenters. A number of other commenters disagreed with the use of the 5-category scheme because they thought the categories were too general and did not represent groups of hazardous chemicals that present similar hazards in an emergency. EPA disagrees with these commenters. Although the categories could be subdivided further, the Agency believes this could complicate the categorization process and could result in inconsistencies in reporting. EPA believes the 5-category scheme will be useful to emergency response personnel by conveying general information on the types of hazards a chemical may present In an emergency response situation and by supplementing other sources of information commonly used by emergency response personnel. EPA agrees with the numerous commenters who noted that this categorization scheme should significantly reduce the paperwork burden of reporting, minimize multiple reporting and double counting, and enhance the clarity and usefulness of die information reported. The five categories have several advantages over the other proposed alternatives because they encompass all of the OSHA categories as well as all of the DOT categories, and they address delayed (chronic) health hazards as well as immediate (acute) health hazards. The Agency plans to provide written guidance to help facilitate reporting so that this categorization scheme can be easily used by both large and small reporting entities. Mixtures EPA received several comments regarding the reporting of mixtures. One commentet requested clarification of the term "mixture." Another desired guidance in applying threshold levels to mixtures. Several commenters stated their belief that reporting of mixtures would be difficult since many mixtures have unknown compositions. In response to the request for clarification of the term "mixture," EPA has revised 9 37028 of the rule to include the definition of mixture used by OSHA in the hazard communications standard. 29 CFR 1910.1200. In addition. 9 370.28 has been revised to indicate how the threshold levels apply to mixtures. The rule now states that if the reporting is on each component of the mixture that is a hazardous chemical, then the concentration of the hazardous chemical, in weight percent (greater than 1% or 0.1% if carcinogenic) should be multiplied by the mass (in pounds) of the mixture to determine the quantity of the hazardous chemical in the mixture. If a mixtire is reported as whole, the threshold applies to the total weight of the mixture. Finally, where mixtures have unknown composition, facilities should report the mixture as a whole. F. Public Access to Information Title III contains a number of provisions relating to public access to information submitted under sections 311 and 312, many of which were codified in today's final rule. Section 324 of Title III. which is not codified in the final rule, requires SERCs and LEPCs to make all MSDS, lists, and inventory forms that are submitted under sections 311 and 312 available to the public during normal working hours. This is the only source of Tier I information for the general public, and there is no access to Tier I below the regulatory threshold. Section 370.30(a) of the regulation codifies section 311(c) of Title III and provides that any person may request an MSDS through the LEPC. If the MSDS is not in the possession of the LEPC (because a facility had the hazardous chemical only in amounts below the threshold or a facility had submitted only the fist of chemicals), the LEPC must request the MSDS from the facility and the facility must, under 9 370.21(d), submit the MSDS within 30 days. Under 9 370.31. the LEPCmust provide the requested information to the requester. Section 370.30(b) codifies section 312(e) ofTitle in and provides that any person msy request Tier 11 information concerning a specific chemical at a facility through the LEPC or SERC. If the Tier II information is not in their possession, the SERC or LEPC must request it from the facility if the chemical Is stored at the facility in . quantities above 10,000 pounds or if the requester is a public official If the chemical is present in quantities below 10,000 pounds, the response by the SERC or LEPC is discretionary. Under 9 370.25(c) of the final rule, a facility must submit requested Tier II information within 30 days. Under 9 370.31. the LEPC or SERC must then , provide the Tier II information to the requester. 1. Information below Thresholds In the proposed rule EPA established temporary thresholds below which facilities would not be required to report under sections 311 and 312. However, those thresholds were not applicable to public requests for information on hazardous chemicals. Thus, facilities would need to report on hazardous chemicals below the thresholds, but only upon request Although EPA codified the requirement that belowthreshold requests be Justified for Tier U information under section 312. no such ABD00117168 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 3987 / Rales etui Regulations 38355 justification wu proposed for below* threshold requests forMSQS. EPA solicited comment on its approach to thresholds and public access. Commenters were split over the issue of public access to information below thresholds through the LEPC. In addition, some commenters believed that requests for below-threshcld MSDS information should be justified, and some asked EPA to set guidelines for demonstrating adequate justification. - With respect to issues concerning request justification, section 312 is explicit about the justification of need required In public requests forTier n information below 1(1000pounds if such information is not already in the possession of The SERC or LEPC but Is silent on the issue of what should be included in the statement of need EPA believes drat the task of defining appropriate criteria for the justification of need should be left to the SERCs and LEPCs. who must ultimately decide whetherto remit such a request With regard to MSD5 information below die threshold neither the statute nor this regulation requires that thereed underlying e request be justified Congress specified in section SlljcflZ) that MSDS be submitted upon request by any person, the Agency thus believes dial the preservation of access to all MSDS information by the public is most consistent with the intent of section 911. 2. Justification ofbleed A mmiher of rxanmenter* posed more specific qnHioBiqn Ike necessity of justifying request* far Tigrfl iafatmeticn. Qua fett "need** sfaoniri relate to the potential of a hazardous chemical direedy to affect eitherperson orpeoperty. Othaeosted that facilities fiboefa be aide to review request for Tier II information and be allowed** commeniensensitivity of infaramtiem. As indicated above, however, the LEPC and SERC have utthnttte responsibility far setting gtadeftines te this area since the statute sod today's final rule give them the decision-making authority in parting requests forTterd information. Therefore.-EPA believes that issues consenting the statement of need should be left to local aad State officials. A few commenters requested that a strategy be developed to assist the SERC and LEPC in fulfilling their responsibilities for public availability. Several other commontecs felt programs should he developed to help the general public interpret ami use the information. EPA intends to provide such in the form of brochures and pamphlets to be published aad distributed through the regional offices to SERCs and LEPCs at a later date. EPA recently used a series of workshops and other presentations to provide information on Title 111 to the public. 3. Other Garification Several comraeoters requested changes in the time frames for providing information to the public. Some commenters had general questions about bow the public would have access to MSDS nnd inventory information. The public may request Tier II toformatiaa through either the SERCor the LEPC. For quantities below 10,000 ponds, die SERC or LEPC may exercise discretion In forwarding these requests to a specific facility. ffcmrerniMg MSDS request* section 311 and today's final rule piece the responsibility for handing requests only fa the LEPC. States may.. however, reader their owa authority, also require provision of such MSDS to the SERC - Onecommenterrequested that the rule clarify that Bay personmay request. Tier II infomaticn. Although the ado .. explicitly states that any perse* may request Tier Q infotroation, there are certain instance* in which U is not automatically provided. For instance.*- facility may opt to withhold chemical . location itaoraMtia* from the Tier H form, and the public would not have - accesB to this location reformation. A person may request Tier II information for chemicals stored at a facility in quantities less than l&GOG poind*. fata if the SERC or LEPC does not already possess the information, the requester would be required to give e written statementofneed.Eased *0 the statement, the LEPC or SERC may, where appropriate,request the information from thefacility. A facility may also withhold fibredcai identity from dfaotsnure by submitting a trade secretckim undersection 3SB. Where a facility wiAbeM* chemical identity by virtue of trade secret provisions, fae public may challenge the -withholding fay submitting a petition to EPA piasoant to section 322. G. Trade Secrets and Confidentiality EPA reaeived several comments in support of the provision for withholding location inhumation from the pebfac at the facility's request. While a few commenters indicated a seed far criteria for determining a confidential location, EPA agreed wtih other commenters that a request on the part of a facility owner or operator is sufficient. Section 324 allows a facility to request withholding of location information without any - determination that such location would be confidential. The Agency also received numerous comments regarding the protection of trade secret information under sections 322 and 323 of SARA. These will be addressed as part of EPA's rulemaking on trade secrets under sections 322 and 323, to be proposed later this year. It should be noted, though, that if a facility wishes to make a trade secret claim, it is required to submit the federal Tier II inventory form to EPA rather than any alternative State form, with appropriate substantiation. Such trade secret claims should be sent to: U.S. Environmental Protection Agency, Emergency Wanning and Community Right-to-Knuw, P.O. Box 70266, Washington. DC 2D0244266. H. Design and Content ofFoans Tfre moat significant commentsun the design and content of fee Tier I and Tier Q forms concerned the ualcutatlun of the average daily amount and the reporting format for storage location. Other significant comments concerned die emergency contact the certification. j statement sid the Dun & Bradstreet ] number. In response to these comment*' as well as comments on the general>. ' layout aid graphic design of the fonn*^ EPA has revised the section 312 ..^3 reporting forms. Following Is a -. discussion of these comments and EPA's response. On the proposed Tier1 and Tier II. . , forms, EPAreqxired facilities to report mmrifnimi daily amount and avoraga . daily amount in prescribed range*- , Several comxacnters approved of this ^ .. proposed reporting rotiflr* on ^ Tier 1/. andTSerTlionna. but sevacaLmee*. ..r;: believed the range* were too bread. EPA receivedsuggestion* to sorrow th*,r;y, ;< ranges, add a range categoryof pounds, combine tbe two lowest raqgea,. or devise range* that correspond to powers of tea. A few commenters favored broader ranges. -/oT Upon ceaahiecattoa ofthese comments, EPA be* chose* to retain the ranges set forth in the proponed rule. The Agency believes that the ranges . adequately balance the trade-off between protection of confidential: information ead provision of useful data. Is addition, the present rsngee are consistent with those proposed far use on the section 313 reporting form sad those used an tbe Toxic Substances Control Act (TSCA) inventory farm. Seven) coaoenters favored EPA's proposed method of calculating average daily amount; that is, by tcrtnhwg aH daily weight* and drvidtag fay 983, or totaling all monthly weights and dividing by 12. Several other comroenters, borwever were concerned that the results obtained by Ike ABD00117169 38356 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations f proposed method would be misleading building or lot, at a minimum, and to information, I believe that the submitted because it would produce artificially allow facilities to describe briefly on the information is true, accurate and low amounts for those chemicals form itself the location of hazardous complete." present on site during only short periods chemicals, rather than requiring them to A number of commenters wanted EPA ift of time throughout the year. provide a site plan or site co-ordinates. to eliminate or revise the requirement The Agency has decided to revise the EPA believes that the narrative for a 24-hour contact and telephone method of calculating average daily approach will provide more flexibility number. One commenter suggested that amount so that the figure is based upon for a facility, in conjunction with its EPA require the same number of the number of days the chemical is SERC. LEPC, and fire department, to emergency contacts on Tier II as on Tier actually on site. Thus, facilities should identify the method of providing the I. total all daily weights and divide by the most useful chemical location The emergency contact is a person, or number of days the chemical was on information for specific emergency office at which persons will be l site. This method of calculation response and information management available, who can aid responders in the produces a more accurate figure for needs and capabilities of the community event of an emergency at the facility. - average daily amount, particularly for in which the facility Is located. those chemicals that are on site for only EPA believes that additional The emergency contact need not be a person with expertise concerning the a short time each year. To reflect the requirements for location information, chemical hazards at the facility, but he amount more accurately, however, EPA such as site plans or quadrants or grid or she must be available to act as a believes that it will be necessary to systems, may be useful on a site-by-site referral if emergency responders need report.the number of days used in the basis, but are not necessary for each assistance in responding to a chemical calculation and has revised the form to: facility. If a State or local government accident at the facility. Although the require reporting of this information. desires such additional information, it Agency requires facilities to supply the ` The Agency received several may require it to be submitted under name of only one emergency contact comments concerning the maximum State or local law as a supplement to the both the Tier i and Tier 0 forms will daily amount As many commenters federal form. However, the Agency have space for two. A facility may favored the method of calculation as encourages State and local governments supply two emergency contacts as expressed doubts concerning its to co-ordinate reporting formats so that necessary to ensure 24-hour availability. ultimate usefulness. One commenter facilities are not subject to duplicate or Numerous commenters inquired about suggested that EPA require facilities to inconsistent reporting requirements. the extent to which they could use their report wiM*lmnTri storage capacity Some commenters requested EPA to * computers for reporting. The majority of it instead'of maximum daily amount Because'the maximum daily amount describes a "worst case" scenario, it is useful to both' emergency planners and emergency responders. It is important for them to know the maximum amount of hazardous chemicals that they might actually encounter at any time. Because storage capacity may not be an accurate reflection of the amount of hazardous chemicals actually on site at any one time, EPA believes-that the reporting of . maximum storage capacity is not an '---3 appropriate substitute for the maximum1 daily ambunf.Thus, EPA has not ' required reporting' of maximum storage-r; capacity Instead of maximum daily -- state the exceptions to reporting on the inventory forms. Another inquired about the correct number of exemptions. The exemptions from reporting under both the OSHA hazard communication standard and section 311 of Title 111 are set out in the instructions to the form. The instructions on the proposed forms included eight reporting exemptions because EPA merged the OSHA end Title 111 exemptions where there appeared to be substantial overlap. In this final rule, the instructions to the inventory forms state the OSHA and Title IQ exemptions separately for clarity and accuracy. ' EPA received numerous comments the comments focused on the . acceptability of computer-generated facsimiles of the forms; others dealt with electronic transmittal of data. To the extent possible. EPA has designed the Tier I and Tier U forms to accommodate computer output. Since EPA will not receive the information. ` however, the issues regarding computer facsimiles and electronic transmittal are more appropriately addressed to the . recipients of the information at the State and local levels. However, EPA'does not believe that any provisions ofsection 312 would prohibit computer generated facsimile forms or electronic transmittal - amount However, EPA is aware that^ regarding the certification statement on of data. 'H n maximum storage capacity may be the' 'iX best information available to some facilities in calculating the maximum daily amount the Tier l and Tier D forms. Several commenters raised concerns that the statement implied the owner's or operator's first-hand knowledge of the Several commenters stated that EPA should not require hazard category information on the Tier Q form. Although the legislation requires hazard t EPA received numerous comments conditions at the facility relevant to category information only on the Tier 1 regarding the "location" section of the Title IQ. In response to these concerns. form. EPA has designed Tier U as a Tier Q form. Several commenters EPA has modified the certification on worksheet for the preparation of Tier I. requested the use of any site the final form by deleting the word For this reason, and because the identification procedure acceptable to "immediately," to make clear that the hazards may provide helpful data to the local emergency response agencies; signatory is responsible for the data on users of chemical-specific information, others suggested that EPA design the the form but has not personally EPA believes that hazard categories ere location coding system solely for ease of interviewed those principally an essential element of the Tier II form data entry. Several commenters gave responsible for performing the and has retained this requirement in the specific suggestions for revision of the calculations. The certification on the final form. location identification system--namely, final form now reads; "I certify under Although several commenters !i grid or quadrant systems. Several other penalty of law that I have personally commenters suggested that EPA allow examined and am familiar with the questioned the necessity for the Dun & Bradstreet identification number, the 1: facilities to report that chemicals are information submitted in this and all Agency has opted to retain this unbiquitous at the plant Based on these attached documents, and that based on requirement because of its general t. comments, EPA has revised the Tier 11 my inquiry of those individuals form to provide for reporting of the responsible for obtaining the usefulness as a widely known and accessible identifier, unique for each r ABD00117170 Federal Register J Vol. 52. No. 199 / Thursday, October 15, 1987 / Roles and Regulations 38357 facility. In response to commenters who stated that Dun & Bradstreei numbers should not be required because they did not have such a number. EPA has revised the instructions to the form to indicate where facilities can obtain the number. (Information collection requirements are approved by Office of Management and Budget under control number 2050-00724 /. Integration of THie ill Federal Requirements With State artdLooai Programs A Urge number ofcommenters registered concern about the potential for duplication m data collection, since Title IS requirements overlap with reporting provisions under some State and/or tocal laws. Some commentate would prefer to comply with Tide S3 through equivalent State pro-ams; others suggested that the reporting tales be flexible enough to allow integration with existing programs. Although section 321 states dial TOle 01 generally doe* not pre-empt State or local laws, imisdirq similar community right-tD-fcoow reporting, the Agency strongly dtscomages duplicative reporting systems that would increase the commwsty right-to-know paperwork burden aod thus potentially reduce the effectiveness of the program and of public access to information. EPA encourages States to modify their community right-to-know requirements to accommodate Title HI without eftvmnalwg additional requirements that are beneficial to State or local needs. The Agency also advisee States to consider reporting requirements that are applicable to local emergency planning committees and fee departments. To fee extent possible ia fern final rale, fee Agency bus attempted to provide flexibility tor State and local implementation awd Intonation wife' *' their existing programs. Several commenters recommended that State and local furisdictieM be allowed to determine fee method of reporting. In the final rule, EPA has tried to provide as much flexibility as possible to the local and Slate officials who mast implement this program, while at fee same time provide a degree of standardization to fee regulated community and ensure feat statutory requirements are met. EPA has thus revised the regulations to specify fee circumstances under which a State or local form can be used in lieu of the Tier I and Tier II forms published today. Revised $ 370.40 and 370.41 of the final rule state that facilities will meet the Section 312 requirements if they submit the published form, or any State or local form that contains identical content "Identical content" means feat, at a minimum, the same information requested on the form published in today's final rule must be requested in some portion of the State form. States may, ia addition, use the form as published today but add supplemental questions, either interspersed throughout fee form or attached at fee end. /. Information Management With respect to data management issues, commenters focused on two principal points. First, the majority of commeaters on this issue strongly expressed the conviction that the entire program can be made workable only if the information is bandied by computer systems. The second principal issue raised by commenters was the need for assistance ia organizing the material: designing and selecting systems; co ordinating the use of the material among SERCs. LEPCs, and fire departments; and ultimately making fee mformetioa available to fee general public. Specific comments concerned fee need to allow information frehajstrion in computer-readable media and for guidance from the federal government to aid information manageaaentat fee State and local levels. A recurring message in the comments was fee need for fee federal government to play an active role in solving the extensive data management problems triggered by Title m. Suggestions were for EPA alone or with OSHA to develop model MSDS databases, to design ordevelop effective data managementand communications techniques for information systems, to convene a high level work^oup to draft a plan for solving the problems, and to provide toad money to eechSERC for development ofitacwa MSDS Information system. Commenters also raised general concerns about fee sources for financial support to Implement the legislation and the time necessary to prepare for implementation. in response to fee general information management concerns raised by commenters, fee Agency agrees feat fee data resulting from Title 111 compliance would best be managed through a computerized system. EPA recommends feat the LEPCs snd fire departments work closely with the SERCs to develop flexible systems that address the particular requirements of each planning district However, because most of Title 111 ia carried out through State and local organizations, it is not appropriate for the Agency itself to recommend or design data management systems, to establish a national database under sections 311 and 312. to specify date collection points, or to make any other information management decisions that belong to the State and local authorities implementing the community right-toknow program. Thus, although EPA shares corementers' concerns over the critical data management needs generated by Title 111 EPA believes that the most appropriate role for the Agency in information management under sections 311 and 312 wifi be one of technical assistance to State and local entities in developing effective information management systems. The Agency is reviewing such systems in an effort to identify useful systems feat could meet Stale and local needs and also intends to publish technical guidance regarding the development of such systems by States. EPA acknowledges feat fee provisions of Tide IS concerning hazardous chemicals and community righi-to-kaow present information management problems that are difficult to implement, given fee statutory time-frames and governmental budget constraints. Of all fee sections of Title HI. sections 311 and 312 present by far the largest information management burden for State and local governments. EPA'a concern over this issue has been fee principal basis for several key regulatory decisions during this rulemaking. For instance, to petznit time to work out jpfamtatiri management systems and to ensure feat State and local capabilities are not overwhelmed during initial implementation. EPA is ytehli*htng a 3-year phase-in schedule wife high initial reportiag thresholds for both sections311 and 312. State and local governments afao need tim to obtain tending and to establish the organizations and processes te implement this legislation, in order te provide as much flexibility as possible to State and local governments in establishing their Title ill programs, EPA is leaving decmon-making concerning the medium to be used in reporting (e.gn paper, magnetic tape, telecommunication lines) to States and local governments. Same State and focal governments already receive information required under sections 311 and 312 from facilities in their jurisdictions, and some make this information available to the public. To the extent feat these submission* under State or local law meet the requirements of sections 311 and 312 regarding the content of submission, timing, and recipients of the information, facilities submitting such information wih be to compliance with the federal requirements. Duplicate ABD00U7171 38358 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations submissions under the federal community right-to-know program are unnecessary. Also, in some instances, it may be permissible for fire departments to designate such State systems as the address for their MSDS submissions, provided that these systems will support the emergency response needs. K. Regulatory Impact Analysis A number of comments addressed various aspects of the Regulatory Impact Analysis.'Comments ranged from general concerns that estimated costs for industry or government were too low to specific comments on the time, personnel, or equipment attributed to individual compliance activities. The comments also addressed the methodology used in the RIA, including compliance activities they felt had been omitted by government, the inclusion of costs for requests and trade secrets in aggregate costa, estimating costs for facilities covered by the OSHA expansion, and expanding the treatment of small business costs. A number of commenters stated that the time estimated for-industry to fill out the forma, or the estimates of the time and space required by government to maintain MSDS. were too low. Other commenters argued generally that estimates of industry costs were too low and gave estimates ranging from one and one-half to ten times the EPA estimates. . EPA has revised the analysis to reflect variations in costs for sections 311 and 312 by facility size and number of MSDS. EPA has also modified the section 312 inventory forms and clarified the instruction* in this final rulemaking, , which should reduce the amount of time it will take industry to comply with these requirements. Wage rates used in the RiA have also been increased to reflect growth in wages and the technical personnel being used to ...... comply with regulations. EPA believes that the costs imputed to the final rule reasonably estimate, on average, the time and other costs that will be incurred by facilities complying with the requirements of the regulation. Several commenters addressed government costs, stating that estimated costs were too low. that not all necessary government activities were considered, or that additional personnel would be required to comply with sections 311 and 312. One commenter stated that EPA's estimated costs were too low by as much as an order of magnitude. In response to these comments. EPA has revised the time requirements to include additional time spent, particularly by State and local government, on several activities. Wage rates in the government are assumed equal to those in the private sector: thus, government wage rates have also been revised to reflect the estimated change in private sector wages. It should be noted that the RIA has assumed that government agencies do the minimum ' activities necessary to comply with the regulations. Costs are intended to reflect, on average, the costs that will be incurred by representative government entities undertaking these activities. However, community right-to-know is essentially a State and local program, and the costs of implementing its provisions will depend on the activities undertaken by each entity. Thus, the costs presented in the RIA may underestimate the actual costs to individual government entities with sufficient funding and the ability, need, or constituency to be proactive in implementing Title III. Several commenters said that EPA has not included in the RIA the costs of requesting information, responding to requests, or making trade secret claims. EPA has modified its approach and provides additional sensitivity analysis on the possible magnitude of some of the costs associated with information requests. However, it should, again, be stressed that community right-to-know is a State and local program; the number of requests is highly dependent on the extent and nature of the uses to which data are put, both by public officials and by private citizens and organizations. These uses, in turn, depend on the manner and breadth of the implementation and outreach plans of State and local governments, which' makes the costs associated with requests for information difficult to predict. Thus, while a sensitivity analysis is provided, the costs of requests are not aggregated into total costs. The costs associated with trade secrets are being addressed in a separate rulemaking that is under way for the Title III trade secret provisions, sections 322 and 323 of SARA. Numerous comment* point out that EPA did not address the costs that may be associated with any forthcoming expansion of the OSHA hazard communication standard. These costs are included in a supplemental analysis, which is part of the final RIA. These costs are not aggregated into total costs of sections 311 and 312; total costs reflect the costs to facilities and government of complying with sections 311 and 312. given the current scope of the OSHA hazard communication standard. Other commenters said that the costs estimated for small business were too low or that the regulation constituted a significant impact on small business. An additional group of commenters submitted a form letter saying that the regulations would be an immense burden on small business. EPA has expanded its small business analysis considerably for the final rulemaking. In particular, per facility costs are varied to reflect both facility size and the estimated number of hazardous chemicals that are present, on average, at a facility in a particular SIC code and size class. To determine whether the regulation will have an impact on small business, a small facility is defined as one with fewer than 20 employees. This group is more likely to show an impact than the broader group (50-150 employees) suggested in the comments. The analysis then looks at the impact on small business using several criteria, including the ratio of costs per facility to sales. After consideration of this additional analysis, EPA reached the same conclusion as in the proposed rulemaking; a substantial number of small businesses will be affected, but the impact will not be significant Thus, the Agency is not performing a Regulatory Flexibility Analysis. L. Miscellaneous 1. Enforcement/Penalties The Agency received numerous comments and queries on the subject of enforcement. Some commenters stated that a violation should be treated a* a one-time occurrence and not a - . continuous violation a* specified in the proposed rule. Other* requested - flexibility in determining violations and assessing penalties, especially where the owner or operator makes good faith efforts toward compliance. Still another commenter asked how enforcement would be accomplished. With regard to one-time versus continuous violations, section 325(c)(3) { of Title 111 provides that each day a violation of section 311 and 312 continues shall constitute a separate violation. EPA has therefore retained this provision in the final rule. With respect to issues concerning how EPA will enforce compliance with these provisions. EPA is preparing a compliance strategy for Title III that will address these issues. Criteria for determining penalties will also be set out in that document. Z. Compliance/Timing Two dozen commenters addressed questions concerning compliance and scheduling. Their statements ranged ABD00117172 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38359 from a view that the 45-day response period for Tier 11 requests is unrealistic, to a request that EPA stipulate a 15-day period for a SERC or LEPC to respond to a public request for MSDS or Tier II forms and that the same 15-day deadline be placed on the facility. EPA has retained the 45-day schedule for response to Tier II public requests as specifically provided under section 312. In the regulation. EPA establishes a 30day schedule for response by an owner or operator to SERC or LEPC requests for MSDS and Tier II information. EPA believes that the 30-day timetable for Tier II information is necessary to ensure adequate time for the SERC and LEPC to meet the statutorily-established response time. The same period was estaiished for MSDS responses to avoid confusion over applicable time periods under this rule. However, the Agency has also rejected the establishment of other time limitations in order to preserve flexibility at the State and local levels with respect to timing of responses. 3. Use of Tier I and Tier II Forms Numerous comments were received indicating that Tier II information is 'more usend than Tier I information. EPA agrees with these commenters. For this reason, the Tier fl form has been designed for potential use as a worksheet and guide for gathering information ultimately to be used in the Tier I aggregate data. Section 312 and ff 370.25(b) of the regulations allow facilities to submit the Tier 11 form in lieu of Tier L Several commenters asked whether the Tier H Inventory form could be submitted instead of the MSDS or liatv others favored the option of submitting. the MSDS instead of Tier 1 and Tier D. Under today's rule, the Tier U inventory form cannot be submitted in lieu of the MSDS: nor can the MSDS submission constitute compliance with inventory form reporting. Title III establishes several distinct reporting requirements under community right-to-know that serve different purposes. The MSDS submission under section 311 allows the public to find out what chemicals are present at facilities and the types of hazards they present. The 312 inventory forms provide more specific location, storage, and quantity information. These requirements are not alternative. 4. Need for Funds A dozen commenters indicated a need for funding in order to carry out the Title III requirements. No federal funding has been provided in support of Title III community rightto-know requirements at State and local levels, However. EPA intends to provide technical support to States in carrying out their responsibilities. The Agency received a number of comments regarding the burden that Title ill places on both industry and State and local agencies in terms of costs, manpower, and record-keeping. EPA has made every effort in this rulemaking to minimize this burden, while effectively satisfying the legislative intent of Title III. The Agency has instituted a 3-year phase-in period, encouraged the use of the list option as opposed to the MSDS option, and reduced the number of reporting categories for physical and health hazards. Additionally, the Agency as conducted outreach activities such has teleconferences and workshops targeted at overall Title III implementation. 5- Responsibility for and Appropriateness of Data EPA received many comments requesting clarification of the submitter's responsibility for the accuracy and completeness of submitted data. Several commenters felt that only producers, importers, and distributors should be responsible for the accuracy of chemical hazard assessments and that users should not be responsible for initiation or verification of data. While producers, importers, and distributors are responsible for providing accurate MSDS information, downstream users who submit, or rely upon, such MSDS should make reasonable efforts to correct information that they know to be inaccurate or to inform the recipients of the information of its inaccuracies. A number of commenters noted that many workplace substances classified as hazardous chemicals under OSHA regulations do not present a danger to communities. Others mentioned cleaning and maintenance products as examples and asked that they be excluded. Many work-place substances do not. in fact, constitute a hazard to the community. Sections 311 and 312 focus primarily on the presence of hazardous chemicals within the community and the need for public access to information about their existence whether or not they pose a present hazard to the community. However, many cleaning and maintenance products are excluded from the definition of hazardous chemical as consumer products, or need be reported only on request if they are present in quantities below the threshold. One commenter asked for a clarification of the obligations of facility owners or operators who voluntarily provide MSDS to customers and employees. If an owner or operator chooses to provide MSDS to customers and employees even though he is not required to do so under OSHA, the owner or operator does not need to submit the MSDS or Tier I and Tier II forms under Title III since these requirements only apply to persons required to prepare or have available MSDS for hazardous chemicals under OSHA regulations. 6. Scope of the Section 311 and 312 Requirements Several commenters remarked on the transitory nature of some of the information and the necessity of frequent revisions. Under section 312, the reporting requirement is annual and thus will automatically capture new or revised information. Facilities may, and in most cases should, inform their local or State government or fire department immediately if there is a change in the emergency contact number or other significant information on the inventory forms. Facilities subject to section 303 must provide information on relevant changes at the facility to the LEPC for planning purposes. With respect to MSDS submission under section 311. under today's rule, a revised MSDS must be filed with the LEPC, the SERC. and the local fire department within three months after significant new. information is discovered. .. . . EPA received a number of comments on the scope of the reporting requirements. According to one:. commenter, reporting on all chemicals: required to have an MSDS is too broad, because chemical suppliers have interpreted the OSHA hazard communication standard to include the broadest range of chemicals in order to avoid future liability. Another commenter felt that the reporting requirements would be too narrow if / only SIC codes 20-39 were covered. Title III requires that MSDS be submitted for each hazardous chemical for. which an MSDS is required under OSHA except where EPA establishes a threshold for reporting. EPA does not believe that sections 311 and 312 requirements can or should be applied to facilities not required to have MSDS under OSHA regulations. However, when OSHA's expansion of the hazard communication standard to non manufacturing facilities becomes effective, the reporting requirements under sections 311 and 312 will automatically apply to the facilities newly covered by die OSHA ABD00117173 38360 Federal Register / Vol. 52. No. 199 ^ Thursday. October 1987 / Rules end Regulations requirements. Also. EPA does not beiieve that the expansive interpretation of the OSKA hazard communication standard given by members oi the regulated community provides a sufficient basis for Limiting, the scope of section 311 and 312 requirements, especially in light of explicit statutory coverage and specific statutory exclusions. To the extent possible. EPA has taken into consideration the expansion of the 311 and.312 universe. EPA has limited authority to revise sections 311 and 312 requirements and has in this rule exercised its full authority to ensure am effective community right'to-know program. In this ruIc-EPA has mitigated impact by setting high initial thresholds to avoid undue burden in early implementation stages, reducing hazard categories, developing outreach programs, end retaining flexibility for local and State governments as much as - possible. However, as discussed earlier, EPA wilt review (he minimum ... . thresholds established in this rule when OSHA> expansion of its hazard . communication standard becomes . 'effective and will undertake a ralemaking if necessary, to revise those thresholds to avoid overwhelming MSDS and Tier L submissions to State and focal officials as a result of the expansion. One commenter recommended that all required information, inducting updates, be submitted to both the State and local " organizations to maintain consistency in reporting. -^BPA'agreeranif has exercised itr general ruGSmukfng authority under - Section 3B9te require submission ofthe . updated MSDS to tl) entities receiving 4be original MSDS. Otherwise, under the proposed rule, onlydie LEFC would receive updated information end time have current information on a facility. A new MSDS at the facility meet aho be submitted to alt three entities fan indicated fa f 371X21(c)(2))l V. Relationship to Other EPA Programs A.Other TSiie UJ Ptvgrwme T. Subtitle A--Emergency Planning Tide HI of SARA establishes several reposting and notification requirements in addition to sections SIX and 3X2. Subtitle A of Title 111 cootams several notification provtsioea that, are critical to local emergency planning, In order to facilitate local emergency planning, under section SOS. facilities that have present an amount of as extremely hazardous substance in excess of the corresponding tineehold plrnming quantity were retpiiied to notify the State emergency response commission by May 17.1987. or within 60 day9 of acquisition of such a substance. Section 303 requires that such facilities designate a representative to work with the local emergency planning committee* in the Title 111 planning process and provide information concerning the facility that may be relevant to emergency planning. Section 304 establishes immediate release reporting requirements to enable timely end effective local response to releases of extremely hazardous substances and CERCLA hazardous substances. These emergency planning requirements are set forth in a final rob published on April 22.1987.52 FR133801 These requirements ore unaffected by today's rub. Today's rule sets out the reporting requirements aider sections 311 and 312. Subtitle B of Title UL The focus of Subtitle B is public access to information concerning chemicals In their communities rather than emergency response, and thus reporting requirements underSsbtitfe Bare both broader in scope than Subtitle A and, under section 312, continuing.in nature. However, the information obtained or made available under sections 311 and 312 of Subtitle B may also be of significant value to emergency responders. Subtitle B will make available to the local and State emergency planners information on other chemicals and facilities, beyond those identified under Subtitle A, that they may wish to include m their emergency planning efforts. Tier II information tinder section 312 will provide specific information on Aa quantities and locations of hazardous chemicals. The*, sections 371 and 3*2 provide information beneficial to the emergency planning required under Subtitle A. As discussed m the April 22.1987, final rule, the facilities . identified as a result of that rule are only a *Tirst cut'* of the facilities and potential chemical hazards for which emergency pfaimng may be necessary. 2. Subtitle B--Section 313 Toxic rhfrmiraT Release Inventory Subtitle B also establishes reporting requirements under Section 313. Beginning July 1,1988. certain manufacturing facilities at which there is a "toxic chemical" manufactured, processed, or otherwise used in excess of a statutory quantity must annually report to EPA and the State, with respect to each substance, the maximum amount present at the facility, the treatment or disposal methods used, and the annual quantity released into the environment. These requirements are the subject of a separate rulemaking. proposed for public comment on June 4. 1987. 52 FR 21152. 3. Trade Secrets Title III also establishes provisions for the protection of trade secrets. Section 322 of Title U1 entitles persons required to submit information onder sections 303. 311. 312. and 313 to withhold the specific chemical identity from disclosure under certain conditions, hi order to withhold such information, however, a person must submit the withheld information and an explanation-to EPA Under section 322(c). EPA Is required to publish regulations to implement the trade secret provisions as soon as practicable after die enactment of SARA EPA Intends to propose trade secret regulations under Section 3ZZ later this year. B. CERCLAJiepeTtingBetftuniinenet CERCLA section 103 establishes notification requirements for facilities at which there is a release of a reportable quantity (RQ) of a CERCLA hazardous substance. Such, releases must be immediately reported to the National Response Center (80^424-8602. os ia the Washington, DC metropobtan area at 202-426-2075). These reporting requirements and the list of hazardous substances and RQ* ace found in 40 CFR Part 302 and are for the purpose of alerting federal responds* to a potentially dangerous release of & hazardous substance k> that any necessary response can be made in a timely fasUe* These notification : requirements are aisidai In the release notification requirements undei section 304 of Title ttl that mast be made to : local end State response personal and are unaffected by today's nde. VT. Effective Date Section 553(d) of the Adsuniatrative Procedure Act (APA) generally requires thaA the effective date of substantive rules be noeartier than 30 day* after publication hr the Federal Register. However, section 553(d) also provides exceptions to the 30-day effective date requirement for rule* that grant an exemption or rebeve a restriction and for other "good cause." EPA has made this rule immediately effective upon publication for several reasons. First, the submission oCMSDS or alternative lists is required under section 311 by October 17.1967. Providing a 30-day effective date would make this regulation, which implement* those requirement*, effective after October 17 and thu* may cause serious confusion within the regulated ABD00117174 R Federal Register / Vol. 52, No. 199 / Thursday. October 15. 1987 / Rules and Regulations 38361 community over how to comply with statutory and regulatory reporting requirements. In addition, this final rule reduces the categories for reporting and establishes minimum thresholds, which relieves the impact of the statutory requirements otherwise effective on October 17,1987. Finally, the other requirements implemented by this rule relate to section 312 reporting, which is not required until March 1.1988. Thus, those requirements would not be affected by the 30-day effective date requirement under section 553(d) of the APA. Because EPA believes that it thus has "good cause" to suspend the S&day effective date requirement and this rule relieves reporting otherwise required by statute, the Agency has made this rule immediately effective in accordance witJrsection553fd)ofthe APA; ' VIL Regulatory Analyses ..... A. Reguhtorf&npactAmfysis 1. Purpoae.^,^^.,^ . Executive Order Mti-12291 requires . each federetageney todetermine if a- regulation ia fmejoP* ruleas defined by the Orderasd to prepare end consider.*Regulatory Impact Analysis (RiA) la comection with each major rule. Because-EPA has determined that the reporting requirements for hazardous chemicals in this rulemaking constitute a major rule under Executive Order No. 12281. the Agency be* prepared anRIA to assess the economic impact on the final regulation on " affected industry and State end local government entities^Thc fallowing results are presentedin detailin the . v analysisdoaasapted ttkRegulatory '-nr Impact Analysis in Support ofFinal - RulemokiD$ Under Sectiua 211 and 322 of the SuperfundAjncadzaenta arid ReauthariKOtioe Actof1986,which ' availablefoe-review in the public docket for this rulemaking.. - ;3! This rule was submitted to the Office j of Management and Budget for review * as required by L0. Na 12291. 2. Methodology and Data Sources EPA conducted an assessment of the costa, benefits, and economic impacts associated with the final rule and the primary regulatory alternatives. The regulation affects employers covered by some provisions, of OSHA'a hazard communication standard and three types of government entities--State emergency response commissions, local emergency planning committees, and fire departments. Both industry and government are required by sections 311 and 312 of SARA to undertake certain activities, and, thus, both types of entities incur costs to comply with these regulations. Benefits for both industry and to 1988. The total number of MSDS government may also arise in maintained at all manufacturing conjunction with compliance activities. facilities is estimated to be 35,004.503. In addition, industry, government. 8nd which implies that an average facility other groups may, as a result of these maintains 100 MSDS. On average, the regulations, undertake additional smallest facilities (those with 1-19 voluntary activities that generate employees) are estimated to have 74 benefits both for these groups as well as MSDS. and the largest facilities (more for the general community. The than 250 employees) have 306 MSDS. interrrelationships among the activities undertaken by these diverse groups, the provisions of Title ill. and the potential consequences far health and the environment are complex. Thus, time constraints did not permit EPA to perform a qnantitative evaluation of the benefits of these provisions; a qualitative discussion of the benefits is provided in the RIA. . The costs to industry of complying with each of the regulatory alternatives have been estimated as have the costs of complying with the default legislative requirements if EPA had promulgated no regulations. Five regulatory alternatives are identified for analysis in this report The regulatory options differ from esch other with regard to the threshold that is Costs of complying with sections 311 in effect in each year. Raising the and 312 of SARA are incurred by F- threshold in a given year reduces covered facilities, State emergency industry costs in that year by reducing response commissions, local emergency the number of chemicals that facilities planning committees; and fire report under both Sections 311 and 312 departments. Total costs depend on the and by reducing the number of facilities number of facilites reporting, the total . that report - number of MSDS.anri the number of Estimates atthe numbers of covered government entities receiving the data. facilities andreporiahle far - For the industry analysis, EPAlV each threshold level were obtainedfrom analyzed the activities that each facility a data set that was compiled an part of would have to undertake to comply with an industrial survey conducted by the sections 311 and 312 and the unit costa - State of New jersey in 1979.To perform associated with each activity. It was this analysis, the chemical reports in tha assumed that the cost incurred by a New jersey data set were weighted to facility varied in different years make the mix of facilities by SBC-coda depending on die regulatory alternative more representative of the mix of- being considered, the size of the facility, facilities nationwide; The effects of ' and the number of chemicals at the different thresholds on the nambers of facility. Total costs to industry; thus, facilities and chemicals covered were depend on the number of facilities then calculated. The cost methodology affected or reporting, the number of ' assumed.thBt the effect ofthresholds on chemicals forwhich MSDS are the percent of facilities er chemicals maintained at these facilities, and the unit costs associated with each of the covered is unaffected by SC code or the size of the facility. AtlQjQOO pounds, it le compliance activities. QSHA's hazard communication standard (HC8) currently covers facilities tit the manufacturing sector (Standard Industiial Classification (SIC) codes 28 through 39), although OSHA has recently expended the HCS to the non-manufacturing sector, to be effective in May. 1988. The number of facilities in each two-digit manufacturing SIC code nationwide was obtained from the Bureau of the Census (County Business Patterns, U.S. Department of Commerce, 1984) for four facility sizes: (1) 1-19 employees. (2) 2099 employees. (3) 100-249 employees, and (4) more than 249 employees. Based on census data, there are an estimated estimated that 22 percent of-the facilities (78JJ00J will be required toeeporb and . that 13 percent of the chemicals.(4S million) will be reported. At 500 pounds, it is estimated that 82 percent of the facilities (288,006) and S7 percent of the chemicals (19.9 million) will be covered. Similar weighting procedures were f followed for data rets obtained from two other states, Michigaaand New York. The data from these states did not contradict the New Jersey data; the latter wes used hr the analysis since they were more complete in several variables and also provided a more conservative view of the extent to which thresholds reduce costa. 35QJ40 manufacturing facilities that In addition to differences in the could potentially be affected by this reporting thresholds, die regulatory rule. alternatives differ from the default The number of MSDS present on statutory requirements in two respects. average, at e facility in each SJC code First, the statutory default for hazard and facility size class was provided by categorization is the OSHA categories, updating OSHA's 1980 estimates of the which were defined as 23 categories of number of "regulated chemicals'* (i.e.. health and physical hazards for the MSDS) in each SIC code and size class proposed rule. EPA is promulgating five ABD00117175 38362 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations hazard categories; performing hazard categorization should be less costly for industry than under the 23 OSHA categories. Second. EPA is publishing inventory forms for reporting; if no forms exist the legislation requires that facilities submit section 312 information by letter. Both these factors reduce the estimated cost of the regulatory alternatives in comparison with the legislation. The analysis of costs to government proceeded along lines similar to the industry analysis. The analysis ' estimated costs for a representative State commission, local committee, and fire department it was assumed that the costs incurred by each entity in each year depended on the number of reports received, on the number of facilities reporting, and on the number of government entities. EPA assumed that there would be only one commission per State and estimated the number of local committees and fire departments. - Both the industry and government . analyses assume that reporting and ' receiving entities undertake the frHrifmrim activities that they must perform to comply with SARA. The analysis, therefore, does not take into account the costs associated with voluntary activities, such as designing and using computer systems to store and access the data, alterations in chemical usage patterns that may arise at facilities as a result of these sections of SARA or other activities or effects. Several supplemental analyses were performedtb provide evidence on the sensitivity of the results to changes in ' various assumptions of the ' ' methodology. In particular, present ' value total costs were computed (a) for two discount rates, 4% and 10%, (b) using an alternative set of results on the effects of thresholds, (c) for the 23 OSHA categories as well as the five categories in the rule, and (d) for the non-manufacturing facilities that will be covered by the OSHA expansion of the HCS.\ An analysis of some of the costs potentially associated with requests is also presented. In particular, a sensitivity analysis of the aggregate cost to government of responding to requests for MSDS or Tier I information when the information is already in the files is included. The cost to a facility of responding to an individual request for MSDS or Tier I information is provided as is the cost to a government entity of requesting MSDS or Tier I information if it is not in the files. The cost to a facility of responding to Tier II requests, under alternative assumptions on the number of chemicals for which Tier II information is requested, is also provided. 3. Results The RIA analyzes five regulatory alternatives as well as the statutory or default baseline. In addition, two alternative hazard categorization schemes are considered. The five threshold options considered are: Alternative I: No threshold Alternative II: (Proposed) 10.000 pounds in year 1 500 pounds in year 2 No threshold in year 3 and subsequent years Alternative lit 10.000 pounds in year 1 10.000 pounds in year 2 500 pounds in year 3 and beyond Alternative IV; 10.000 pounds in year 1 10.000 pounds in year 2 50 pounds in year 3 and beyond Alternative V; 10,000 pounds in year 1 -" 10.000 pounds in year 2 ' 2.000 pounds in year 3 and beyond. In present value (PV) terms, the cost of each of the regulatory alternatives is lower than the cost associated with the statutory requirements. Present value costs for each of these threshold alternatives were computed by discounting annual costs over the first ten years of reporting at ten percent Assuming the five hazard categories promulgated in the final rule, the PV costs to industry for the five alternatives range between $520 million and just over SI billion, In comparison with $14 billion for the statutory requirements (the baseline); K For government, present value costs range between$120 million and $260 million; the costs of the no-threshold option are the greatest and are identical with thecosts of the baseline under the assumptions of the analysis. For both industry and government Alternative V. which has the highest permanent threshold, has the lowest continuing costs and the lowest present value costs. Alternative I, the no-threshold option, has the highest costs. Alternative 111, the preferred alternative for this rulemaking, is towards the low end: $708 million for industry and $178 million for government. For Alternative III. first-year industry costs equal approximately $162 million, second-year costs drop to $24 million since the threshold is unchanged, third year costs rise to $348 million, since the reduction in the threshold requires many more facilities to report on additional chemicals. Costs level off at $59 million in the fourth and subsequent years. Costs for the other alternatives in the fourth and subsequent years range between $39 million and $66 million, depending on the threshold level in those years. In the first year of reporting, all system set-up and design costs are attributed to section 311; thus, the costs to industry of complying with section 311 slightly outweight those associated with section 312 for all regulatory alternatives except Alternative I. the no threshold option. For year three onward, section 312 costs outweigh section 311 costs; for Alternative UI in year four, the costs associated with section 312 are approximately 64 percent of the combined costs to industry of sections 311 and 312. ., ' ,, ' In general, annual government costs for sections 311 aiid 312 combined are much smaller than those estimated for industry. Thia reflects the assumption in the analysis that many costs, such as rule familiarization and system design, are incurred.by each individual facility or government entity and are not ;?:. directly related to the number of form*being handled. First-year costs equal $43 million for all alternatives except the no threshold option; second-year costs drop substantially; third-, fourth- (and subsequent) year costs level off at between $15 million and $32 million. Although costs to an individual State commission far exceed those to a local committee or fire department there are many more fire departments than commissions or committees so that in aggregate, costs to fire departments may. account for as much as one-third to more than one-half of government costs' in any given year.- ' *r * ' The above costs do not reflect the ^ costs of the regulatory alternatives if ` OSHA's 23 hazard categories had been used in the final rule. In present value terms, using the original 23 categories rather than five leads to a 28% to 38% increase in costs over 10 years, depending on the alternative. Both industry and government will incur costs in conjunction with requests. SERCs. LEPCs and fire departments, as well as other government officials, may have access to the information reported under these sections and may request additional information. In addition, SERCs and LEPCs will, under certain circumstances, have to make available MSDS and inventory forms that they have received from facilities. They will also have to request information that either was not reported or that concerns chemicals below the threshold, and they will need to make determinations on. and possibly request. Tier 1! ABD00117176 Federal Register / Vo). 52, No. 199 / Thursday, October 15, 1987 / Rulea and Regulation* 383fi3 information. Similarly, facilities will need to respond to requests by government. It is difficult to estimate the aggregate costs associated with requests, since the magnitude of these costs depends crucially on the behavior of the public and government and the types of programs that are set up on the threshold level in effect, and on the government's implementation of the Tier II provisions. An estimate of the potential costa to government of responding to requests for MSOS was obtained assuming that requests for between five and 25 percent of facilities are received by government. If government agencies provide espies of all MSDS that a facility has submitted, estimated costs to government of handling these requests range between less than $400,000 to over $1.8 million. The number of Tier requests to which industry mint respond wilt depend on the criteria used by local committees to evaluate public requests, the number of public requests made, the distribution of these requests across chemical volumes, and the number of requests originating with the government It is thus difficult to estimate the aggregate costs associated with Tier H information; however, the coats to an individual fatality of responding to a Tier II request may range between approximately $600 and $&500, depending on the number of chemicals for which the request is received and the size of the facility. Similarly, the number of requests that government will make to industry for MSOS stored below the threshold will depend on the number of requests that governments receive; which,in turn, depends os the sin of the threshold and the outreach program and policies of government Further, if fertilities choose to submit lists, additional requests for MSDS will be generated. No aggregate estimates of tfie costs of complying with requests below tire threshold are presented. However, the cost to government of requesting all MSDS from a facility, photocopying, and mailing the information to the requester when the information is not on file is estimated to be $52 per request the cost to industry of complying with the request is $31. Those activities and associated costs are intended to represent one reasonable method of making information available to the public and may not be used by all government entities. The analysis also examined the effects of OSHA's expansion of its HCS on industry and government costs. This expansion may affect asroany as 3.5 million non-manufacturing facilities with approximately 67 million MSDS. Very rough cost estimates suggest that, for the chosen alternative, present value costs to non-manufacturing facilities of entities (i.e., small businesses, small organizations, and small governmental jurisdictions), unless the agency's Administrator certifies that the rule will complying with sections 311 and 312 not have a significant impact on a combined may be as high as $3.7 billion; substantial number of small entitles. The this is approximately five times the analyses contained in the RIA address costs estimated for manufacturing. For the impact of this rule on small entities. government, incremental costs Based on these analyses, EPA has associated with the expansion are concluded that, while the rule affects a approximately $1.1 billion, which is over substantial number of small entities, the six times the costs associated with the impact on each is not significant. current scope of the HCS. Benefits arise in conjunction with several parts of the reporting requirements of this rule. Potential benefits arise in conjunction with this rule primarily because the infonnation that is reported is used (e.g., moie effective planning occurs, which reduces 2. Methodology and Results To examine the impacts on small businesses. EPA compared average costs for small facilities (defined to be those with 1-19 employees) to average and median sales for those facilities, by two-digit SIC code. the probability of accidents or chronic There are a substantial number of exposures). Thus, the provisions of the small businesses under this definition; regulation affect the benefits generated, 225,423 facilities--64 percent of total in comparison with those generated by the statutory requirements, in several ways. First, the reporting thresholds affect the volume of information submitted. Reducing the number of manufacturing--are: estimated to be small..All of these facilities must, at least, incur the cost of becoming familiar with the requirements of these Sections, and thus, incur some costs of complying submissions generates benefits if the with sections 311 and 312. information is mora manageable. In order to assess the impacts oa However, raising thresholds may reduce - small businesses, several guidelines benefits if public access to complete were used. The primary criterion, information on chemical hazards in the community is reduced or impeded. Second, simplifying the hazard however, is the ratio of annual costs to average or median sales. A worst-case scenario is provided by examining the classification system affects benefits. first year of Alternative 1, no threshold. On the one hand, it promotes efficient Average costs to industry for small use of the information; conversely, it businesses, by SIC code, range between reduces the level of detail available to $1,400 and $2,100. As a percaitage of the government and the public. average safes, the rangp is .12 to .71 Benefits also raise in conjunction with two public access provisions that have been incorporated into the final role: reporting n the list of EHS at 500 pounds or the TPQ and access by the public, an;request, to information on percent The range as a percentage of median safes is narrower--120 to .64 percent. This is well within EPA's guidelines that cost remain below 5 percentage of sales in order to avoid significant impacts. chemicals stored below the threshold. However. EPA is concerned that it has Both these provisions provide benefits been unable to provide a complete to communities with specific needs for assessment of the impact of this rule on complete infonnation. small businesses in all business sectors Finally, use of the published form by industry for Section 312 reporting may provide benefits. Consistently formatted information is easier to process, manage, and use and thus may encourage utilization of the information by the genera) public and government entities. B. Regulatory Flexibility Act that will in the future become subject to these requirements due to OSHA's expanded hazard communication standard. As indicated earlier, EPA is understanding a more detailed review of the appropriateness of these thresholds in this rule as they apply to the expanded coverage of the OSHA MSDS requirements. EPA will also be conducting a further analysis of small 1. Purpose businesses newly subject to OSHA and Title III requirements. Under the Regulatory Flexibility Act, wheneveran agency is required to issue 3. Certification any proposed or final rule for On the basis of the analyses publication in the Federal Register, it must prepare and make available a Regulatory Flexibility Analysis that describes the impact of the rule on small contained in the RIA with respect to the impact of this rule on smell entities. I hereby certify that this rule will not have a significant impact on a ABD00117177 38364 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations substantial number of small entities. This rule, therefore, does not require a Regulatory Flexibility Analysis. C. Paperwork Reduction Act The information collection requirements contained in this rule have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980. 44 ll.S.C. 3501 et seq. and have been assigned OMB control number 2050.0072. VU1. Submission of Reports If necessary to obtain reporting forms, facilities should contact their State emergency response commission. Although EPA intends to provide camera-ready copy of the federal form for use by the SERCs, the commission will be responsible for co-ordinating with the LEPCs and fire departments regarding the printing and distribution of the inventory forms. To obtain the address of a SERC, an ' individual or facility should contact their Governor's office or the Chemical Emergency Preparedness Hotline at (800) 535-0202 or (202) 479-2449 (DC and Alaska). The SERC should be able to provide Information concerning the LEPCs within the State. list of Subjects in 40 CFR Part 370 Chemicals. Hazardous substances. Extremely hazardous substances. Intergovernmental relations. Community right-to-know. Superfund Amendments and Reauthorfzation Act, Chemical accident prevention, Chemical emergency preparedness. Community emeigencyresponse plan, Contingency planning. Reporting and recordkeeping requirements. Date: October 8.1967. . Lee M. Thomas, Administrator. For the reasons set out in the Preamble. Subchapter I of Title 40 of the Code of Federal Regulations is amended by adding Part 370 to read as follows: PART 37D--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TOKNOW Subpart A--General Provisions Sec. 370.1 Purpose 370.2 Definitions 370.5 Penalties Subpart B--Reporting Requirements Sec 370.20 Applicability 370.21 MSDS Reporting 370.25 Inventory Form Reporting 370.28 Mixtures Subpart C--Public Access and Availability of Information Sec. 370.30 Requests for information 370.31 Provision of Information Suboart D--Inventory Forms Sec. 370.40 Tier I Emergency and Hazardous Chemical Inventory Form 370.41 Tier 11 Emergency and Hazardous Chemical Inventory Form Authority: Secs. 311. 312. 324. 325. 328. 329 of Pub. L. 99-499.100 Stat. 1613. 42 U.S.C. 11011.11012.11024.11025,11028.11029. Subpart A--General Provisions $ 370.1 Purpose. These regulations establish reporting requirements which provide the public with important information on the hazardous chemicals in their communities for the purpose of enhancing community awareness of chemical hazards and facilitating development of State and local emergency response plans. 53702 Definition*. "Commission" means the State emergency response commission, or the Governor if there is no commission, for the State in which the facility is located. "Committee" means the local emergency planning committee for the emergency planning district in which the facility is located. "Environment" includes water, air, and land and the interrelationship that exists among and between water, air. and land and all living things. "Extremely hazardous substance" means a substance listed in the Appendices to 40 CFR Part 355, Emergency Planning and Notification. "Facility" means all buildings, equipment structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft. "Hazard Category" means any of the following: (1) "Immediate (acute) health hazard." including "highly toxic," "toxic," "irritant," "sensitizer," "corrosive." (as defined under 5 1910.1200 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that cause an adverse effect to a target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration: (2) "Delayed (chronic) health hazard." including "carcinogens" (as defined under 1910.1200 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long term exposure and is of long duration; (3) "Fire hazard." including "flammable." combustible liquid." "pyrophoric." and "oxidizer" (as defined under 1910.1200 of Title 29 of the Code of Federal Regulations): (4) "Sudden release of pressure." including "explosive" and "compressed gas" (as defined under $ 1910.1200 of Title 29 of the Code of Federal Regulations); and (5) "Reactive." including "unstable reactive," "organic peroxide," and "water reactive" (as defined under 5 1910.1200 of Title 29 of the Code of Federal Regulations). "Hazardous chemical" means any hazardous chemical as defined under $ 1910.1200(c) of Title 29 of the Code of Federal Regulations, except that such term does not include the following substances: (1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. -- . (4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. (5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. "Inventory form" means the Tier I and Tier II emergency and hazardous chemical inventory forms set forth in Subpart D of this Part "Material Safety Data Sheet" or "MSDS" means the sheet required to be developed under S 1910.1200(g) of Title 29 of the Code of Federal Regulations. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association. State, municipality, commission, political subdivision of State, or interstate body. "Present in the same form and concentration as e product packaged for ABD00117178 Federal Register / Vol. 52, No. 199 / Thursday. October 15. 1987 / Rules and Regulations 38365 distribution and use by the general public" means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public. "State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico. Guam. American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction.. "TPQ" means the threshold planning quantity for an extremely hazardous substance as defined in 40 CFR Part 355. 370.5 Panamas (a) MSDA reporting. Any person other than a governmental entity who violates any requirement of 370.21 shall be liable for civil and administrative penalties of not more than $10,000 for each violation.- ...... (b) Inventory reporting. Any person other than a governmental entity who violates any requirement of 370.25 shall be liable for civil and administrative penalties of not more than $25,000 for each violation. (c) Continuing violations. Each day a violation described in paragraphs (a) or (b) of this section continues shall constitute a separate violation. . Subpart B--Reporting Requirements 370.20 Applicability. (a) General. The requirements of this subpart apply to any facility that is required to prepare or have available a materia] safety data sheet (or MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act. (b) Minimum threshold levels. Except as provided in paragraph (b)(3) of this section, the minimum threshold level for reporting under this subpart shall be according to the following schedule. (1) The owner or operator of a facility subject to this Subpart shall submit an MSDS: (i) On or before October 17.1987 (or 3 months after the facility first becomes subject to this subpart), for all hazardous chemicals present at the facility in amounts equal to or greater than 10.000 pounds, or that are extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds (or 55 gallons) or the TPQ. whichever is les9. and (ii) On or before October 17,1989 (or 2 years and 3 months after the facility first becomes subject to this Subpart), for all hazardous chemicals present at the facility between 10,000 and zero pounds for which an MSDS has not yet been submitted. (2) The owner or operator of a facility subject to this Subpart shall submit the Tier I form: (i) On or before March 1.1988 (or March 1 of the first year after the facility first becomes subject to this Subpart), covering all hazardous chemicals present at the facility during the preceding calendar year in amounts equal to or greater than 10.000 pounds, or that are extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds (or 55 gallons) or the TPQ, whichever is le99. and (ii) On or before March 1,1989 (or March 1 of the second year after the facility first becomes subject to this Subpart), covering all hazardous chemicals present at the facility during the preceding calendar year in amounts equal to or greater than 10,000 pounds, or that are extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds (or 55 gallons) or the TPQ, whichever is less, and (iii) On or before March 1990 (or March 1 of the third year after the facility first becomes subject to this Subpart), and annually thereafter, covering all hazardous chemicals present at the facility during the preceding calendar year in amounts equal to or greater than zero pounds or that are extremely hazardous substances present at the facility in an amount equal to or greater than 500 pounds (or 55 gallons) or the TPQ, whichever is less. (3) The minimum threshold for reporting in response to requests for submission of an MSDS or a Tier U form pursuant to 370.21(d) and 370.25(c) of this Part shall be zero. 370.21 MSDS reporting. (a) Basic requirement. The owner or operator of a facility subject to this Subpart shall submit an MSDS for each hazardous chemical present at the facility according to the minimum threshold schedule provided in paragraph (b) of 370.20 to the committee, the commission, and the fire department with jurisdiction over the facility. (b) Alternative reporting. In lieu of the submission of an MSDS for each hazardous chemical under paragraph (a) of this section, the owner or operator may submit the following: (1) a list of the hazardous chemicals for which the MSDS is required, grouped by hazard category a9 defined under 370.2 of this Part: (2) the chemical or common name of each hazardous chemical as provided on the MSDS*. and (3) except for reporting of mixtures under 370.28(a)(2). any hazardous component of each hazardous chemical as provided on the MSDS. (c) Supplemental reporting. (1) The owner or operator of a facility that has submitted an MSDS under this section shall provide a revised MSDS to the committee, the commission, and the fire department with jurisdiction over the facility within three months after discovery of significant new information concerning the hazardous chemical for which the MSDS was submitted. (2) After October 17,1987, the owner or operator of a facility subject to this section shall submit an MSDS for a hazardous chemical pursuant to paragraph (a) of this section or a list pursuant to paragraph (b) of this section within three months after the owner or operator is first required to prepare or have available the MSDS or after a hazardous chemical requiring an MSDS becomes present in an amount exceeding the threshold established in 370.20(b). (d) Sufim/ss/on of MSDS upon request The owner or operator of a facility that has not submitted the MSDS for a hazardous chemical present at the facility shall submit the MSDS for any such hazardous chemical to the committee upon its request. The MSDS shall be submitted within 30 days of the receipt of such request 370.25 Inventory reporting. (a) Basic requirement The owner or operator of a facility subject to this Subpart shall submit an inventory form to the commission, the committee, and the fire department with jurisdiction over the facility. The inventory form t containing Tier 1 information on hazardous chemicals present at the facility during the preceding calendar year above the threshold levels established in 370.20(b) shall be submitted on or before March 1 of each year, beginning in 1988. (b) Alternative reporting. With respect to any specific hazardous chemical at the facility, the owner or operator may submit a Tier 11 form in lieu of the Tier 1 information. (c) Submission of Tier II information. The owner or operator of a facility subject to this Section shall submit the Tier II form to the commission, committee, or the fire department having ABD00117179 38366 Federal Register / Vol. 52. No. 199 / Thorsday, October 15, 1987 / Rules ami Regulations jurisdiction over the facility upon request of such persons. The Tier 11 form shall be submitted within 30 days of the receipt of each request (d) Fire department inspection. The owner or operator of a facility that has submitted an inventory form under this section shall allow on-site inspection by the fire department having jurisdiction over the facility upon request of the department, and shafl provide to the department specific location information on hezanton chemicals at the facility. iV*M MNtoiaa. [a)Dnsdc repeating. Tbe owner or opcaalar ofm facdrfyiaay meet fee reports^ teqnaoeBts of 379.21 . (MSDS repeating amd37025 (inventory famreporting) oftitisSofapart fore hasardona cfaeraicM that is a nocture <rf hazardousdientioals by: - [1J f^viding She required inforaaSon on each -OMpement:ht -thesmctare which Is a haaaidaaschonicaior (2) Prowdiag the eequired frrfonntoim on the.mixtoreitself. ms long as the reportingof nixima<fay 4 i^iitty trader S 3Z&21is in the suaAMers under 37025,when practicable. (b) CalealaUoa ofIkequantity, (1) if theeeportiug is-oneach componentof the mixture which is a hazardous chemical. then the coaceofratiea of the hazardous chemical in weight percent (greater than IS -or4X1* if cardaogeniq) shallbe multipliedby the mass-(in pounds) of the mixture to determine the quantity of due hazardous qhfmir-d in the tniyhuw.. . (2) If the reporting is on the mixture itself, the total quantity of the mixture shall be reported. Subpart C--Public Access end Availability of Information 5 370.30 Requests for Information. (a) RequestforMSDS information. (1) Any person may obtain an MSDS with respect to a specific facility fay submitting a written request to the committee. (2) If the committee does not have fa its possession the MSDS requested fa paragraph (a)(1) of this section, it shafl request a submission of the MSDS from the owner or operator of the facfRty that is the subject of the request (b) Requestsfor Tier IT information. (1) Any person may requestTier II information with respect to a specific facility by submitting a written request to the commission or committee in accordance with the requirements of ' this section. pQTf the committee orcommission does not havein its possession the Tier II information requested in paragraph (b)(lj of this section. ItahaQxequest a submission of the Tier Qiocrnfrom the owner or operator of the facility that is the subject of the request, provided that the request is from a State or local official acting in his or her official capacity or the request is limited to hazardous chemicals stored at the facility in an amount in excess of ULOOO pounds. (3) If the request under paragraph (b)(1) of this section does not meet the requirements of paragraph (b)(2) of this section, the committee or commission may request submission of the Tier n form from the owner or operator of the facility that is the subject of the request if the request under paragraph (b)(1) of this section includes a general statement of need. $370.31 Provision of information. All infomaiion obtained (ran an owner or operator in response to request under this tubpert and any requested Tier 11 formor MSDS otherwise in possession of die rnmniaflkmarihajamfiitfteabalUm made available to the person eybouttag the request under this Safaparb provided upon request of the owner or operator, the commission or committee shall - withhold from disclosure dm locataoaof any specific chemical identified in the Tier U fcraL __ _ SubpartD--faventory Forma $ 370.40 Her 1 emergency end hazardous rhsadtrtlnwftny fawn. (a) The form set etfl fa paragraph (b) of thlseecdosvsbatt be oeinp^etedend submitted as reqrared fa 3 '379.29(a); In lieu erf the fonneet oat fa paragraph {b) of this section, tire facility owner or operator may submit a Stateor local form~that contains identical content. (b) Tier I Emergency and Hacardoas Chemical Inventory Form. mixing cooc me ABD00117180 Federal Register / Vol. 52, No. 199 / Thursday. October 15. 1987 j Rules and Regulations 38367 EMERGENCY AND HAZARDOUS Tier One CHEMICAL INVENTORY Aggrtgatt Information by Hazard Type Important: Read instructions before completing form Facility Identification FOR OFFICIAL Dt USE ONLY Oat* n*c*i**d Pag* _____ of ___ page* Form Approved OMB No. 2050-0072 Reporting Period From January 1 to December 31. 19. Emergency Contacts Name Street Addrw* City *"[mi State. Zip. m-rm-rn Name Title 24 Hour Atone Owner/Qperator Name Mall Addreaa Phone _L Name TNI* 24 Hot# Avne .. Average Number m nm General Location Chech t tit* plan la attached Sudden Release | ] ot Pressure l_i. Reactivity | | | | II I I Immadiata (acute) n m .nii Delayed tCtvonic) Certification (Read and jijn o/i*r completing ail Jtctioni) I eenity under penalty of law that I have personally examined and am familiar with the intormatlon submmad in thl* and all attached dooenanta. and that bated on my Inquiry ot those Individual* responsible tar obtatMne the intormatlon. I better* that the submitted Intormatlon i* true, accurate and comptat* Nam* and oHieiOl title ot owner/operator OR owner /operator* authorised representative Signature ______ ___________ Date .yw3 * Reporting Range Ranges Value 00 01 02 03 04 05 06 07 06 09 10 Weight Range In Pounds From..._______ To... 0 too 1000 10.000 100.000 1.000.000 10.000.000 50.000.000 100.000.000 500.000.000 1 billion 99 999 9.999 99.999 999.999 9.999.999 49.999.999 99.999.999 499.999.999 999.999.999 higher than 1 bWSon ABD00117181 38368 Federal Register / Vol. 52. No. 199 / Thorsday. October 15. 1987 / RuleB and Regulations TIER ONE INSTRUCTIONS GENERAL INFORMATION 4 _ Submission of this form is required by Title HI of ths Supsrfund Amendments and Reeufhorization Act of 1986. Sscllon 312, Public Law 99-499. The purpose of this form Is to provide State and local officials and the public with Information on the general types and locations of hazardous chemicals present at your faculty during the past year. VOU MUST "PROVIDE AU. INFORMATION REQUESTED ON THIS FORM. "You'may "stfcsfttute'fhs Tier Two form for this Tier <-One form. 4The Tier Two form provides detailed information and must be submitted tn response so ' a specific request from State or local officials.) : WHO MUST SUBMIT THIS FORM Section 312 of Title HI requires that the owner or opera tor dfAiadHty sttomtt this form it under regulations trv plemsnting the Occupational Safety and Health Act of 1970. the owner or operator Is required to prepare or -Hevo eveUebte Material Safety Oata Sheets jUSDS) ior hazardous chemicals prssent at ths facility. MSDS re quirements are specified In the Occupational Safety and Health AdmMstration (OSHA") Hazard Communication -Standard, found*? TWe 29 f She -Code-ef FederalRegu lations at 1910.1200. WHAT CHEMICALS ARE fNCLUDEO You mustreport the informationrequired on this form tor every hazardous chemical for which you are required to prepare or have available an MSDS under the Hazard Communication Standard. However, OSHA regulations end TWe 4M exempt some chemicals Fern reporting. Section !9TQ.1200Tb1 of the OSHA regulations currently provides the following exemptions: TO Anybazarflous waste as soph TermIs Jeffnedby the SuBd Waste OfspoeM Act; we nendsd *49 U.S.C. 4Wwtooq.f whan sublet So regulations issued under that Act; ft) Tebaooe r tobeooo products; TBT) Wood or wood product*; - (tv) 'Articles*- defined under 1910.1200 (b) as a manufactured Item; e Which Is formed to a specific shape or design during manufacture; # Which has end ese funutenfs) dependent In wfceieer Inpert upon the shape or design during end use; and e WXtfi does mot release, er othsnwtss rssidt In exposure to a hazardous chsmlcal under nor mal conditions of use. (vj Food, drugs, cosmetics or alcoholic beverages In a retail establishment which are packaged for sale to con--wars; (vf) Foods, drugs, or cosmetics Intended for per sonal consumption by employees while in the woritplaoe; (vff) Any consumer product or hazardous substance, as those terms are defined In the Consumer Product Safety Act (15 U.S.C. 1251 er teg.) respectively, where the employer can demonstrate K Is used In the workplace Ja the same manner as normal consumer use. and which use resists In a duration and fre quency of 'exposure which la not greater than expo sures axperiencsd by consumers; and (VW) Any drug, as that term Is defined In the Fedentf Food. Drug, and Cosmetic Act (21 U.S.C. 301 er sag.), when* tefnooHd. Anal form far direot adraWatrailoQ to the patient (Le.. tablets or pills). m addition. Section 31i-fe) -of Title 411 excludes the followIng substance*: (I) Any food, food additive, color additive, drug, or cosmetic regulated by the Feed end Drug Admini stration; (I) Any substance present as a solid In any manu factured Item to the extent exposure to The sub stance does -not occur under normal conditions of uee; tb) Any substance to the extent It Is used for pereonaL tamfly. or household purposee. or Is present In the same form and concentration as a product pack aged for distribution and tae by the general peddle; (Iv) Any substance to the extent It la used In a re search laboratory or a hospital or other medical facu lty under The tflrect supervision of a technically quail- (v) Any substwiee to the extent * 4e ueedfn -routine egriouhural operations or is a isrtttzer bold for sale by a retailer to the ultimate customer. Also, minimum reporting thresholds have been estabHthed under Title III. Section 312. You need to report only those hazardous chemicals that were present at your facility at any time during The precedbig calendar year at or-above the level* Sited beiue. January to December f987 Tor ftrit year of reporting) ...td.-flOO *. e January to December 1988 (or second year of reporting) ...10.000 8>s. e January to December 1989 (or third year of reporting) .. .zero be. * * PA win publish the final threshold, effective In the third year, after additional analysis. -e For extremely hazardous substances.. .S00 to*, or the threshold planning quantity, whichever Is less, from the first ysar of reporting end there after. WHEN TO SUBMIT THIS FORM Beginning March 1.19M. owner* or operator# must sub mit The Tier One form far substitute tn* Tier Two farm) on or before March 1 of every year. 1 ABD00U7182 Federal Register / Vol. 52, No. 199 / Thursday. October 15. 1987 / Rules and Regulations R 33369 INSTRUCTIONS Please read these instructions carefully. Print or type all responses. WHERE TO SUBMIT THIS FORM Send on* completed inventory form to each of the lotlowing organizations: 1. Your State emergency planning commission 2. Your local emergency planning committee 3. The fire department with iurisdiction over yotr facility. PENALTIES Any owner or operator of a ftetnty who faBs to submit or supple* false Tier One Information shafl be liable to the United State* for a civil penalty of 14} to 325.000 for each such violation. Each day a violation continues shall con stitute a separate violation. In addition, any efttzen may commence a civ* action on Ne or her own behalf against any owner or operator who fall* to submit Tier On* Infor mation. You may use the Tier. Two form as a worksheet for - completing Tier One. FJBlng in the Tier Two ' * chemical Information section should help you. \ ^assemble your, TleisOn* responses.. If your responses require more than one page, f* to the page number at the top of the form. REPORTING PERIOD Enter the appropriate calendar year, beginning January I and ending December 31. FACILITY IDENTIFICATION Enter the complete name of your faculty (and company Identifier where appropriate). Enter the fun street address or state road, ff a street address Is not avalable, enter other appropriate Identifi ers that describe the physleal location of your facAty (e.g.. longitude and latitude). Include city, state, and zip oode. Enter the primary Standard Industrial Classification (SIC) code and the Dun A Bradstreet mxnberfor you- facBty. The financial officer of your facCty should be able to pro vide the Dun A Bradstreet number. If yoir firm does not have this ^formation. oontact the state or regional office of Dun A Bradstreet to obtain yotr facOty number or have one assigned. OWNER/OPERATOR Enter the owner's or operator** M name, mdhg ad dress. and phone number. EMERGENCY CONTACT Enter the name, title, and work phone number of at least one local person or office that can act as a referral If emergency responders need assistance In responding to e chemical accident at the facility Provide an emergency phone number where such emer* gency Information wIB be available 24 hours a day. every day. PHYSICAL ANO HEALTH HA2AR08 Descriptions, Amounts, and Locations This section requires aggregate Information on cnemfcais by hazard categories as defined in 40 CFR 370.3. The two health hazard categories and three physical haz ard categories are a consolidation of the 23 hazard cate gories defined In the OSHA Hazard Communication Stan dard. 29 CFR 1910.1200. For each hazard type, indi cate the total amounts and general locations of al appli cable chemicals present st your faculty during the past year. * What unite should I use? Calculate ad amounts as weight fn pounds. To convert gee or liquid velum* to weight ki pounds, multiply by an appropriate density fac tor. * What about mixtures? if a chemical Is part of a mixtirs, you have me option of reporting either the wetgfu of the en tire mixnr* or only the portion of the mixture that la a particular hazardoue chemical (e.g.. if a hazardoue solution weighs 100 b*. but is composed of only 5% of a particular hazardoue chemical, you can Indteat* either 100 lbs. of the mixture or 5 lbs. of the chemical). Select the option oonsistent with your Section 311 reporting of the chemical on the USDS or 1st of MSOS chemicals. * Where do I count e chemical that Is a fir* reac tivity physical hazard and an enmedlat* (acute) hearth hazard? Add the chemical'* weight to your totals for al three hazard categories and Include Its location In al three categorise. Many ehenUcalt fal kite more than one haiard category, which resutts in double-counting. MAXIMUM AMOUNT The amounts of ohemlcals you have on hand may vary throughout the year. The peak weiyits -- neatest single-day weights during the year -- are added together fc> this column to determine the maximum weight for each hazard type. Since the peaks for different chemtcU* often occur on different days. this majdmun amount <Mi seem artificially high To complete tnts and the folowing section*, you may choose to use the Tier Two form as a worksheet. To determine the Maximum Amount: 1. Uet al of your hazardous chemicals IndMduaSy. 2. For each chemical... a. Indicate al physical and health hazards that the chemical presents. Include al chemicals, even If they are present for only a short pe riod of time during the year. t 2 ABD00117183 38370______ Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations b. Estimate the maximum weight In pounds that was present at your facility on any single day of the reporting period. 3. For each hazard type -- beginning with Fire and re* pasting for el physical and health hazard types... a. Add the maximum weights of all chemicals you Indicated as the particular hazard type. b. Look at the Reporting Ranges at the bottom of the Tier One form. Find the appropriate range value code. e. Enter this range value as the Maximum Amount. mmmm EXAMPLE: You are using the Tier Two form at a worksheet and have Nsted raw weights to pounds for each of your hazardous chemicals. You have marked an X In the Immediate (acute) hazard column for phenol end sulfuric acid. The maximum amount raw weight you listed were 10.000 be. and SO be. respectively. You add thee# together to reach a total of 10.050 be. Then you look at the Reporting Range at the bottom of you* Tier One form and find that the value of 03 corresponds to 10.050 bs. Enter 03 as your Maximum Amount for Immediata (acute) hazards materials. You also marked an X in the Fire hazard box for phenol. When you calculate your Maximum Amount totals for fire hazards, add the 10,000 b. weight again. AVERAGE DAILY AMOUNT This column should represent the average dally amount of chemicals of each hazard type that wars present at your facllty at arty point during the year. To determine this amount: 1. Ust al of your hazardous chemlcaie todMdua&y (seme as for Maximum Amount). 2. For each chemical... a. Indtoate al physical and health hazards that the chemical presents (same as for Maxi mum Amount). b. Estimate the average weight In pounds that was present at your faculty throughout-the year. To do this, total al dally weights and dMde by the number of days the chemical was present on the site. 3. For each hazard type -- beginning wtth Fire and ' repeating for al physical and health hazards... a. Add the average weights of al chemteate - you Indicated for the particular hazard type. > b. Look at tha Reporting Ranges at tha bottom of the Tier One form. Find the appropriate range value code. c. Enter this range value as the Average Oaly Amount. EXAMPLE: You are using the Tier Two form, and have marked an X In the Immediate (acute) hazard column for nicotine and phenol. Nicotine Is present at your faculty 100 days (hiring the year, and the sum of the dally weights Is 100.000 lbs. By dividing 100.000 bs. by 100 days on-site, you calculate an Average Dally Amount of 1,000 lbs. for nicotine. Phenol te present at your facility 50 days during the year, and the * sum of the dally weights Is 10.000 bs. By ;> dividing 10.000 bs. by 50 days on-stts. you d W: calculate an Average Daily Amount of 200 bs. is! % for phenol. You then add the two average datty amounts together to reach s total of if 1.200 be. Then you look at the Reporting il Range on yotr Tier One form and find that the value 02 corresponds to t.200 bs. Enter 02 ee your Average Dally Amount for Immediate 4 (acute) Hazard. ^ < You also marked an X In the Fire hazard column for phenol. When you calculate your Average ,'d Dally Amount for fire hazards, use the 200 b. & q weight again. -fy <a*x; / -'' -< " ' * ` NUMBER OF DAYS ON-SITE Enter the greatest number of days that a single chemical erfthin that hazard category was present on-site. I EXAMPLE: ' % k At your faculty, nicotine te present for 100 days 4 % and phosgene Is present for 150 days. Enter d &^15.0..i.n..t.h.e...s.p. ace provided.^ ? GENERAL LOCATION Enter the general location within your facility where each hazard may be found. General locations should Include the names or Identifications of buildings, tank fields, tots, sheds, or other such areas. For each hazard type. Bet the locations of aB applcable chemicals. As an alternative you may also attach a arte plan and Net tha site coordtoates related to the appropri ate locations, if you do so. check the Site Plan box. I EXAMPLE: | i On your worksheet you have marked an X to. | H the Fire hazard column for acetone and g i ' butane. You noted that these are kept In steel i| || - Gums in Room C of the Main Building, and'In | jp pressurized cyHndere In Storage Shed 13. ^ % respectively. You could enter Main Suilding t H end Storage Shed 13 as the General ** Locations of your fire hazards. However. i| you choose to attach a site plan and Kst % coordinates. Check the Site Plan box at the top of the column and enter site coot- b. a $ dinates for the Main Building and Storage Shed ;; 4 13 under General Locations. If you need more space to Ust locations, attach an addi tional Tier One form and continue your list on the proper Une. Number an pages. CERTIFICATION This must be completed by the owner or operator or the officially designated representative of the owner or op erator. Enter your fun name end official title. Sign your name and enter the current date. 3 ( ABD00117184 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations9 S3 38371 9 370.41 Tier II emergency and hazardous chemical inventory form. (a) The form set out in paragraph (b) of this Section must be completed and submitted as required in $ 370.25(c). tn lieu of the form set out in paragraph (b) of this section, the facility owner or operator may submit a State or local form that contains identical content. (b) Tier II Emergency and Hazardous Chemical Inventory Form. 8(LUNd CQOe 4M0-e-4l ABD00117185 38372 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations Form Approved OMB No. 2050-007? Pag* c l _ _ _ _ _ pg* Form Approved O M 8 N o. 20SO-0072 ABD00117186 Federal Register / Vol. 52. No. 199 / Thursday, October 15, 19H7 / Rules and Regulations 38373 ABD00117187 38374 Federal Register / VoL 52, No. 199 / Thursday. October 15. 1967 / Rules and Regulations TIER TWO INSTRUCTIONS '>*<* -*'*> r -- *k<*<**v < GENERAL INFORMATION Submission ol this Tior Two form (whsn roquostsd) Is required by Tltls III of tho Superfund Amendments nd Reauthortration Act of 1988. Soetlon 312. Public Law 99*499. The purpose'of this Tier Two form Is to provide State and local officials and the public with specific Information on hazardous chemicals present at your facility during the past year. YOU MUST PROVIDE ALL INFORMATION REQUESTED ON THIS FORM TO FULFILL TIER TWO REPORTING REQUIREMENTS. ' *< ~TTts form may rfso be used at a worksheet for > completOg the Tier One form or may be sUxrttted la place of the Tier One form. WHO MUST SUBMIT THIS FORM Section 312 of Title II raqUree that the owner or opera tor of a facSty submit this Tier Two farm I se requested by e State emergency planning commission, a local .emergency planning committee, or e fire department with Jurisdiction-over the facBty. This request may apply to the owner of operator of arty faolity that la required, under regulations Implementing the Occteadviai Safety and Hatfth Act of 1970. ta pre pare or have available e Material Safety Data Sheet (MSDS) for a hazardous chemical present at the faeBtty. MSDS reqWrements are specified h the Occupational Safety and Health Administration (OSMA) Hazard Communtcatione Standard, found In Title 29 of the Code of Fedend Regulations at 1910.1200. WHAT CHEMICALS ARE INCLUDED You must report the Information requted on this form for each hazardous chemical for which Tier Two Information Is requested. However. OSHA regulations end Title III exempt tome chemicals from reporting. Secboo 1910.1200(b) of the OSHA regulations currently provides the Mowing exemptions: (!) Any hazardous waste as such farm is defined by the Sold Waste Oispoeal Act as amended (42 : U.S.C. <901 at seq.) when subject to regulations issued under that Act: (I) Tobacco or tobacco products; (B) Wood or wood products; ' (h)*Artloieo*- defined under 1911.1200(b) as a manufactured item: e Which le formed to a specific shape or design tertog manufacture; e Which has end use function(s) dependent In whde or In part upon the siiepeor design dur ing end use; and e Which dees not release, or otherwise result In exposure to a hazardous chemical under nor mal conditions of use. Jv) Food, drugs, cosmetics or alcoholic beverages In a ratal establishment which are packaged for sale - to consumers; (vi) Foods, drugs, or cosmetics Intended for per son* consumption by eaiployoas while in the workplace. (vil) Any consumer product or hazardous substance, as tboee terms art defined In the Consumer Product Safety Act f 15 U.S.C. 1251 er tea.) respectively, where the employer can demonstrate h is used in the workplace in the same manner as normal consumer uee. and which use restate fct e duration end fre quency of exposure which is not greater than expo sures experienced by consumers (vtt)Any drug, as that term Is defined in the Federal Food. Drug, and Cosmetic Act (21 U.S.C. 301 of seq.). when K Is h sold, teal form for direct admWetratlon to the patient (l.e.. tablets or pWs). ki addtton. Section 311 (e| of TWe II excludes the folowIng substances:.. (JJ Any food, food adcMNe. color additive, drug, or cosmedc regulated by the Food and Drug Admini stration: (V) Any substance peasant as a sold In any manu factured Item to the extent exposure to the sub stance does not occur wider normal, corxttlans of use; () Any substance to the extent It te used.for per sonal. family, or household pirposos. or Is present in the same form and concentration as a product pack aged for distribution and use by the general public: (Iv) Any substance to the extent it Is used In e re search laboratory or a hospital or other medical facu lty under the direct supervision of a technically quali fied Individual; (v) Any substance to die extent It Is used in routine agricultural operations or is a fortHbor held for sale by e retailer to the ultimate customer. Also, minimum reporting thresholds have been estabBshed for Tier One under TWe W. Section 312. You need to report only those hazwdous chemicals that were pre sent at your faculty at any tFne during the precedbg cafendar year at or above the levels Hated below: e January to December 1987 (or first year of reporting1 ... f0.000 toe. e January to December 1980 (or second year of rsportbg) ...10.000 tea. e January to December 1980 (or tNrd year of reporting) ...zero b%.* * EPA w* publish the final threshold, effeetfve m the thdd year, after additional anrfysls. e For extremely hazardous substances...500 fcs. or tho threshold planning quantity, which ever is less, from the first yew of reporting and thereafter. A requesting official may Imft the reeponees required un der Tier Two by specdyinq pardcutw chemicals or groups of cherrtcals. Such reflects apply to hazardous chemicals rsgwdless of established thresholds. 1 ABD00117188 Federal Register / Vol. 52. N'v 109 / Thursday, October 15. 10B7 / Rules and Regulations INSTRUCTIONS Please read thtst instructions carefully. Print or type all responses. WHEN TO SUBMfT THIS FORM Owner* or operator* must submit the Tier Two form to the requesting agency within 30 days of receipt of a writ* ten request from an authorized official. WHERE TO SUBMIT THIS FORM Send the completed Tier Two form to the requesting agency. PENALTIES Any owner or operator who violates any Tier Two report ing requirements shal be liable to the United States for a civS penalty of up to $25,000 for each such violation. Each day a violation continues shafl constitute a separata violation. You may use the Tier Two form as a worksheet for completing the Tier One form. FSUng in the Tier Two Chemical information section should help you' ' assemble your Tier One responsee. If your responeee require more than one page. flU In the page number at the top of the form. REPORTING PERIOD Enter the appropriate calendar year, beginning January Y and ending Qecember 31. FACILITY IDENTIFICATION Enter the ful name of your faculty (and company Identi fier where appropriate). Enter the fuO street address or state road, if a street eddress Is not available, enter other appropriate identifi ers that describe the physical location of your facility (e.g.. longitude and latitude). Include city, state, and zip code. Enter the primary Standard Industrial Classification (SIC) code and the Out & Bradstreet number for your faculty. The financial officer of your facHfty should be eble to pro vide the Dun & Bradstreet number. If your firm does not have this kiformatlon. contact the state or regional office of Dun & Bradstreet to obtain your facility number or have one assigned. OWNER/OPERATOR Enter the owner's or operator's fufl name, mailing addreas. and phone number. EMERGENCY CONTACT Enter the name, title, and work phone number of at least one local person or office who can act as a referral If emergency responders need assistance In responding to a chemical accident at the facility. Provide an emergency phone number where such emer gency chemical Information win be available 24 hours a day. every day. CHEMICAL INFORMATION: Description. Hazards. Amounts, and Locations The main section of the Tier Two form requires specific Information on amounts and locations of hazardous chemicals, as defined In the OSHA Hazard Communica tion Standard. e What units should I use? Calculate al amounts as weight In pounds. To convert gae or Iquid volume to weight m pounds, multiply by an appropriate density fac tor. e What about mixture#? If a chemical Is part of a mixture, you have the option of reporting either the weight of the en tire mixture or only the portion of the mixture that t* a particular hazardous chemical (e.g.. If a hazardous solution weighs 100 8>*. but Is composed of onfy 5% of a particular hazardous chemical, you can Indicate either 100 lbs. of the mixture or $ toe. of the chemical. Select the oction consistent with your Section 311 reporting of the chemical on the MSDS or 1st of MSDS chemicals. irassn; isa:aiMMegM**`wwn CHEMICAL DESCRIPTION 1. Enter the Chemical Abstract Service number (CAS#). For mixtures, enter the CAS number of the mix ture as a whole tf It has been assigned a number distinct from Its components. For a mixture that has no CAS number, leave this Item blank or report the CAS numbers of as many constituent chemicals a* possible. If you are withholding the name of a chemical In ac- eordance wtth criteria specified ki Tftie , Section 322, enter the generic chemical elate (e.g.. 1st toluene disocynate as organic ttocynate) and check ? the box marked Trade Secret. Trade secret Information should be submitted to EPA and must Include a substantiation. Pleats refer to Section 322 of Title ill for detafled Information on how to oompiy with trade secret request*. 2. Enter the chemical name or common name of each hazardous chemical. 3. Circle ALL applicable descriptors: pure or mixture, and solid, liquid, or gas. EXAMPLE: You have pure chlorine gas on hand, as well as two mixtures that contain liquid chlorine. You write `chlorine* and enter the CAS*. Then you circle `pure* and `mix* -- as well as `ttq'and *gas*. ft 38375 2 ABD00117189 38378 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations PHYSICAL AND HEALTH HAZARDS 1. For each hazardous chemical, estimate the average For each chemical you have listed, check all the physical and health hazard boxes that apply. These hazard cate weight In pounds that was present at your facility dur ing the year. gories are defined In 40 CFR 370.3. The two health haz To do this, total all dally weights and divide by the ard categories and three physical hazard categories are number of days the chemical was present on the a consolidation of the 23 hazard categories defined In the site. -1 OSHA Hazard Communication Standard, 29 CFR 1910.t200. 2. Find the appropriate range value In Table I. 9. Enter this range value as the Average OaHy Amount. MAXIMUM AMOUNT 1. For each hazardous chemical, estimate the greatest amount present at your facility on any single day dur ing the reporting period. 2. Find the appropriate range value code In Table I. 3. Enter this range value as the Maximum Amount. Table I REPORTING RANGES Range Weight Range H Potmde Value From... To... 00 0 01 100 02 1.000 03 10.000 04 100.000 05 1.000.000 06 10.000.000 07 50.000.000 06 100.000.000 09 500.000.000 10 1 billion 99 999 9.999 99.999 999.999 9.999.999 49.999.999 69.999.999 499.999.999 999.999.999 higher than 1 billion EXAMPLE: The 5.000-gaDon shipment of solvent you re ceived last year was gradually used up and ;$ completely gone In 315 days. The sum of the i daily volume levels In the tank Is 929.250 gallons. By dividing 929.250 galons by 315 days on-site, you calculate an average daify amount of 2.950 gallons. You already know that the solvent contains 10% * ts benzene, which is a hazardous chemical. Since 10% of 2.950 is 295. you figure that you had an average of 295 gallons of benzene. You also < 4 know that the density of benzene is 7.29 pounds J *5 per gallon, so you multiply 295 by 7.29 to get a weight of 2.150 pounds. /* Then you look at Table I and find that the Hi range value 02 correponds to 2.150. You * enter 02 as the Average Daily Amount. ?>. * (If you are using the form as a workmeet for completing a Tier One form, you should write 2.150 in the shaded area.) 1 * i ' .1 If you are using this form as a worksheet for com pleting Tier One. enter the actual weight in pounds in the shaded space below the reeponee bioeke. Do this for both Maximum Amount and Average Daily Amount. EXAMPLE: S; You received one large shipment of e solvent i mixture last year. The shipment filled your 5.000- gaHon storage tank. You know that the solvent ** contains 10% benzene, which it a hazardous chemical. 9 vi You figure that 10% of 5.000 gallons Is 500 gallons. You also know that the density of benzene is 7.29 pounds per gallon, so you multiply 500 by 7.29 to get s weight of 3.645 * >3 '% pounds. Thsn you took at Table I and find that the range value 02 corresponds to 3.645. You si enter 02 as the Maximum Amount. si (If you are using the form ss e worksheet for 31 completing a Tier One form, you should write 3.645 m the shaded area.) NUMBER OF DAYS ON-SITE Enter the number of days that the hazardous chemical was foilnd on-site. EXAMPLE: j The solvent composed of 10% benzene was _ present for 315 days at your facitty. Enter 315 In the space provided. STORAGE COOES AND STORAGE LOCATIONS Utt alnon-confldentla! chemical locations In this column, along with storage typas/concfitlons associated with each location. Storage Codes: Indicate the types and conditions of storage present. a. Look at Table //. For each location, find the appropriate storage type(s). Enter the cor responding code(s) In front of the parenthe ses. b. Look at Table HI. For each storage type, find the temperature and pressure condi tions. Enter the applicable pressure code In the first space within the parentheses. Enter the applicable temperature code in the last spaca within tha parentheses. AVERAGE DAILY AMOUNT j s i ABD00117190 Federal Register / Vol. 52, No. 199 / Thursday, October 15.1987 / Rules and Regulations Table 11 - storage types COOES Types of Storage A Above ground tank B Below ground tank C Tank Inside building O Steel drum E Plastic or nwvmetalttc drum F Can Q Carboy H SJto I Fiber drum J Bag K Box L Cylinder M Glass bottle* or Jug* N Plastic bottle* or )ug* O Tot* bin p Tank wagon Q RaO car R Other Table III - temperature and pressure CONDITIONS CODES Storage Condition* (PRESSURE) 1 Ambient pressure 2 Greater than ambient pressure 3 Las* than ambient pressure (TEMPERATURE) 4 Ambient temperature 8 Greater than ambient temperature 6 Less than ambient temperature but not cryogenlo 7 Cryogenic conditions | EXAMPLE: I U The benzene In the main building le kept In a m tank inside the building, at ambient pressir* | and lass than ambient temperatira. | I k || | Table 11 show* you that the coda for a tank I % Inside a building is C. Table 111 shows you that is i code for ambient pressure Is 1. and the coda I | for less than ambient temperature le 6. 1I I You enter: C(1,6) | Storage Locations: Provide a brief description of the precise location of the chemicaJ. so that emergency responders can locate the area easily. You may find It advantageous to provide the optional site plan or site coordinates as explained below. For each chemical. Indicate at a minimum the building or lot. Additionally, where practical, the room or area may be Indicated. You may respond m narrative form with appropriate site coordinates or abbreviations. if the chemical Is present fen more than one building, lot. or area location, continue your response# down the page as needed. If the chemical exists everywhere at the plant site simultaneously, you may report that the chemi caJ is ubiquitous at the site. .. juu inw9e iw ouaui uno 91 mo following, chock the appropriate Attachment* box at the bottom of the Tier Two form. a. A site plan with site coordinates Indicated for buildings, lots, areas, etc. throughout your facility. b. A list of site coordinate abbreviations that correspond to buildings, tots, areas, etc. throughout your facility. | EXAMPLE: | $ You have benzene in the main room of the I k main building, end in tank 2 kt tank field 10. I 5 You attach a she plan with coordinates as si foDows: main building Q-2. tank field 10 a r| B-0. Fa in the Storage Location as follows: S' 1 %* *; B-6 ( Tank 2 _ _________] G-2 [Main Room) ________________ >< Si I I Under Title III. Section 324. you may elect to withhold location Information on a specific chemical from disclo sure to the public, if you choose to do so: Enter the word `confidential* in the Non-Cocv fldentlal Location section of the Tier Two form. e On a separate Tier Two Confidential Location Information Sheet, enter the name and CAS# of each chemical for which you are keeping the location confidential. a Enter the appropriate location and storage In formation, as described above for non-confidentlai locations. # Attach the Tier Two Confidential Location In formation Sheet to the Tier Two form. TNt separates confidential locations from other In formation that will be disclosed to the public. CERTIFICATION. This must be completed by the owner or operator or the officially designated representative of the owner or op erator. Enter your full name and official title. Sign your name and enter the current date. R 30377 [FR Doc. 87-23842 Filed 10-13-87:10:48 am] BILUNQ COM S5S0-40-C 4