Document MJ5gMnDm8XmkLze7kZJj7Jk3M

ABD00291947 4500 . Federal Register / Vol. 53. No. 30 / Tuesday. February 16, 1980 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 IOPTS-400002A; FRL 3296-21 Toxic Chemical Release Reporting; Community Right-to-know aoencv: Environmental Protection Agency (EPAJ. ACTION: Final rule. summary: This rule contains the uniform toxic chemical release reporting form as required by section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986. Section 313 requires that owners and operators of certain facilities that manufacture, import, process, or otherwise use certain toxic chemicals report annually their releases of those chemicals to each environmental medium. This rule also requires certain suppliers of toxic chemicals tc notify recipients of such chemicals in mixtures and trade name products. oats: This rule is effective March 17. 1988. fW CONTACT Sam K. Sasnett, Deputy Project Coordinator (TS-779). Emergency Planning and Community Right-to-Know Hotline. Environmental Protection Agency. Room. WH 562A. 401 M Street. SW. (Washington. DC204t>aiaQt>-a3S0202). (n Washington. DC aod Alaska, 202-179-2449). suppcemgAtr iupMMAfipn: I. Authority The Agency is promulgating this ruie pursuant to sections 313 and 328 of Title III of the Superfund.AaMnaimuDtB aad Reauthoriziitioo Aot4>f 1986. Pub. L. 99404 [42 I'.S.C. 1m3 and 1T1528). Title in is also titled "The Emergency Planning and Community Right-To-Knuw Act of 1986." Section 313 of Title HI requires owners and operators of covered facilities to report annually their releases of listed toxic chemicals. Section 313 also specifies that EPA must publish a uniform toxic chemical release form. In addition, section 328 provides EPA with the authority to promulgate such regulations as may be necessary to carry out the purposes of Till*3 111. II. Background l. fi<-yu;n/ory History and Summary uf Public Participation On October 17. 1986. the President signed into law the Superfund Amendments and Reauthorization Act of 1986 (SARA). Pub. L. 99-199. The major function of this legislation is to amend and reauthorize provisions of the Comprehensive Environments^ fcespciwe. Compensation. andmbOfy Act of 1980 (CERCLA). Howeuor. ixtle (II of SARA is a free-standing statue (not part of CERCLA) that is tilted "The Emergency Planning and Comnnnity Right-To-Know Act of 1986." In^eiiesal. Title HI contains authorities raWtoglo emergency planning, emergency notification, community right to hnnmr on chemicals, and a toxic chemical release inventory. The focus of this rule is the Kwic chemical release inventory provision contained in section 313 of TitleUlof SARA. Section 313 requires owners and operators of certain facilities that manufacture, process, or otheraonse.a listed chemical to report aoAM&Uy abetr releases of such chemicals to-any environmental medium. The repeife we to be sent to both EPA aari theStUesn which the facility is located. Tic basic purpose of this provision rstSTnake available to the public informatzaa about releases of certain toxic-diemiotis that resuit from operations of certain facilities in their community. EPA issued a proposed rule, pufefafeed in the Federal Register of |unc 4.1987 (52 FR 21152). The proposed ruie contained the trade chemical release inventory reporting form and interpretive requirements for reporting. The ' preamble of the proposed rule outlined the public participation activities that led up tuthe.dexeelopment of the pioposal. After publication. EPA received over 1 written comments on the proposed rule. In addition. EPA held public meetings in Washington. DC. Chicagu. 11..and Sun Francisco. CA. Attendees rt rhese meetings presented oral oomnuaa.U..representative of wide range of interests including the uf:`i>i;;>,d inriusity. envmwmcntdl and other public interest groups. State and local governments, and individual citizens. In addition. EPA has held other meetings with, and received other communications from, interested parties. D. Overview of Fined Rule Requirement The meoi'ing requirements of this rule app!\ to owners and operators of covered fiulities this: manufacture, process, or otherwise use listed toxic chemicals. A covered facility is one that: Has 10 or more full-time employees. Is in. SIC codes 20 through 39. Exceeds an appliuihle manufacture, process, or use threshold. KP.\ ir.vrprots "in SiC codes 20 throHstn 39 to relate to the primary SIC code of the facility. If the facility ts comprised m multiple establishments, facility coverage is based on a relative comparison of the value of products -shipped and/or produced at 20 through 38 establishments versus nun-20 through 99 establishments in that facility. EPA has included a definition of "full- time employee" and guidance on determining SIC coverage. EPA has not included a small business exemption in this rule different from that provided by section 313. However, the Agwwry [s allowing reporting in ranges forxeteases to an environmental medium and for off-site transfers of tastes that are below 1.000 pounds per year. EPA expects that small businesses will benefit most from this provision. The range reporting is for calendar years 1987.1988. and 1989 only. The ifaresholds are those provided by the statute: For manufacturing or processing as defined--75.000 pounds for 1987. 50.000 pounds for 1988. 25.000 pounds per year `far 1969 and thereafter. For toxic chemicals otherwise used the threshold is 10.000 pounds per year far all years. Reports must be submitted annually an or before July 1 for the preceding year's data. The chemicals subject to reporting initially are those chemicals as provided by section 313(c). with certain technical modifications. Additions or deletions of chemicals frov list may result from petitions or FT \ . own review of the list. Any such changes will be by notice and comment rulemaking and EPA will identify the rep.ii 'mg years which they apply. M: \ii.res and trn.de name products imported, processed, or used at a facility must be evaluated for the presence of listed !;>\tr chemicals. However. EPA has apy'h'd a u'e minimis concentration Imrtati. n of i percent (or 0.1 percent if too - h-'O'. j! la ; carcinogen) consistent wi.h he Occupational Safety and 1 Wr.il ': A.l.-nincsTution (OSHA) Hazard G:n\r\"v:r.:oiis Standard (HCSj ir. 29 CFR 1 11'} ' 2th). Toxic chemicals present ' in r.u" cV: itior.s below the de tu.rrrrs limit do not h.:v to be factored .mo thresh''!;! .nul release reporting Calculations. fa relation to reporting on mixtures. EPA has developed a supplier requirement. Owners or operators of fani'ines m SIC . odos 20 through 39 who supply or !rade name products containing listed to -.tc chemicals must ne'ify thmr cus!n.n.-*:s about the presence and concentration of those chcmtiats 'n their products. How.-v r. tin: tie u:n;:m:.< limit as described .. ->ve also applies to this i equipment. The Bttppiier notification requirement takes effect with the first product shipment -n t89. ABD00291948 Federal Register / Vol. 53, No. 30 / Tuesday. February T6. 1988 / Rules and Regulations Certain definitions Jiave been modifed. The definition of "article" has been revised to mote cioselv parallel the OSHA HCS article definition. In addition, article processing or use is exempt from threshold and release determinations under this rule. However, respondents must pay careful attention to the non-release criteria in this definition. The definition of "manufacture" retains the interpretation that coincidentally produced impurities and other byproducts must be accounted for. However, the consideration of an impurity is subject to the above- referenced de minimis limitation. This de minimis limitation does not apply to the byproducts produced coincidentally as a result of manufacturing, processing, use. waste treatment, or disposal. EPA has attempted to clarify the differences between processing and use. Processing activities are basically those that incorporate a chemical into a product for distribution in commerce. Use activities are primarily non- incorporative activities. A new part of the rule is an exemptions section. The major function of this section is lo outline activities that are not subject to certain requirements. In particular, this section exempts activities in laboratories from threshold and release determinations. There are a number of specific changes from the proposed rule in Form R. the Toxic Chemical Release inventory Reporting Form. The form is more modular ia design in order to reduce the frequency of the same information having to be filled in for each chesueai- specific submission. Other specific changes are as follows: 1. The certification statement (Part i Section 21 has been modified. 2. The facility identification section of the form (Part 1. Section 3) contains the name and telephone number of a public contact person for the facility. In the first reporting year, if this information is available, the facility must provide its latitude and longitude, la subsequent years, if this information is not readily available, the facility must develop it and provide it 3. In the chemical identity section of the form (Part UL Section 1) one change in the reporting requirements affects the generic chemical identity to be provided in cases where the specific chemical identity is claimed trade secret The respondeat is to develop its own generic chemical name rather than using a predefined generic name as EPA had proposed. The generic name is to be structurally descriptive of the chemical. Reporting may also be based on a generically identified mixture or trade name product component. (See Part ill. Section 2 of the form.] This reporting would occur in cases where a user has information that a generically identified component of a mixture or trade name product is a section 313 chemical that by itself, exceeds a threshold but the user does not know the specific identity. 4. The release reporting section of the form (Part 111. Section 5) contains several modifications. As mentioned above, for calendar years 1967. 1988. and 1989. facilities may take advantage of range reporting check boxes for releases of a toxic chemical to an environmental medium of less than 1.000 pounds per year. The releases to water portion of the form has been disaggregated by stream and respondents must indicate what percentage of the release was contributed by stormwater runoff if they have monitoring data. In addition, underground injection of wastes at a facility must be entered on a specific line in the release section. The proposed columns indicating section 304 releases or that a permit applies to releases have been deleted from the final form. 5. EPA has included the reporting of transfers of section 313 toxic chemicals in waste to off-site locations. However, these transfers are to be reported in a separate section of the form (Part ill. Section 8). 6. The waste treatment section of the form remains unchanged from the proposal except that EPA has provided for reporting sequential waste treatment. 7. The optional section on waste minimization has been retained but the narrative part of this section has been removed. A 3-year sunset provision will apply to this form section. 8. The form also contains a preformatted supplemental information sheet (Part IV]. IIL Issues Relating to Facility coverage A. Interpretation ofSIC Code Coverage Standard Industrial Classification (SIC) code coverage is one of three criteria specified in section 313(b) fbr determining whether a facility is subject to reporting. The preamble of the proposed rule stated that "in SIC codes 20-39" meant that the primary SIC code for the facility is within the 20 through 39 designations. The proposed role also included facilities that engage in one or more activities in SIC codes 20 through 39 even if the primary SIC code for the facility itself is not SIC 20 through 39. Many commenters argued against including "secondary" SIC activities. First, commenters stated that the definition of a facility is the whole collection of buildings, not parts thereof. Second, they argued that SIC codes are used to define the primary purpose of an establishment, not all activities. Therefore, including facilities that engage in activities in SIC code 20 through 39 but for which the primary SIC code for the faciiitv is outside SIC code 20 through 39 is in direct contradiction to the established assignment and usage of SIC codes. Third, commenters stated that it exceeded the intent of the legislation and stretched the capabilities of the industrial classification system. Finally, the commenters stated that any increase in SIC code coverage should be through discrete and more focused rulemakings, as prescribed in section 313(b}(l)(B] and (b)(2), with substantial sector-by-sector justification to warrant increased reporting on non manufacturing sectors. The SIC code system was developed to calssify establishments by type of economic activity. A SIC code applies to an establishment, which was defined as an economic unit, generally at a single physical location, where business is conducted or where services or industrial operations are performed. SIC codes are not directly applicable to facilities as defined in section 329(4) of Title III and this rule. A "facility" is defined as alt buildings equipment, structures, and other stationary tiema which are located on a single site or adjacant contiguous sites owned or operated by the same persoru Therefore, a facility can be a much larger, more complex operation than an establishment. The definition of primary SIC code is generally considered to be the code related to the types of products distributed from an establishment that have the highest dollar value added. Based on the public comments received on the proposed rule, the Agency has revised its interpretation of "in SIC Codes 20 through 39." The revision is designed to remove the confusion and ambiguity in the proposed rule caused by linking the concepts of facility and primary SIC code. The final rule provides that a facility is in SIC codes 20 through 39 based on the SIC codes for the one or more establishments that comprise the facility. EPA has identified the following three possible scenarios relating establishments. SIC codes, and facilities: 1. The establishment is the same as the facility Where an establishment is the same as a facility, given that the other eligibility criteria are met and the establishment's primary SIC code is in 20 through 39. the facility is covered for purposes of reporting. Because there is ABD00291949 4502 Federal Register / Vol. 53, No. 30 / Tuesday. February 16, 1988 / Rules and Regulations no distinction between the establishment and the facility, reporting of releases from the facility is * straightforward. 2. The facility is comprised of two or more establishments, all of which have a primary SIC code of 20 through 39. For multi-establishment facilities, when all of the establishments' primary SIC codes are in 20 through 39. given that the other eligibility criteria are met for the facility, the facility is covered for purposes of reporting. 3. The facility is comprised of two or more establishments, one or more of which have a primary SIC code of20 through 39. For multi-establishment facilities when one or more of the establishments' primary SIC codes are in 20 through 39. the facility is covered for purposes of reporting if either of the following criteria apply for the reporting year a. The sum of the value of products shipped from and/or produced at all establishments with primary SIC codes in 20 through 39 is greater than 50 percent of the total value of products shipped from and/or produced at all establishments that comprise the facility. b. One establishment whose primary SIC code is in 20 through 39 has a value of products shipped and/or produced that is larger than that of any other establishment in the facility. Facilities may refer to data they submitted to the U.S. Department of Commerce. Bureau of the Census, for the Annual Census of Manufacturers (Form MA-1000) to calculate the relative values of products shipped and/or produced. Once a facility is covered in either of the above cases, all releases of listed toxic chemicals must be accounted for. even from individual establishments in the facility that fall outside of the 20 through 39 SIC codes. B. Reporting by Multi-Establishment Facilities Several commenters raised the concern that it will be difficult for facilities consisting of more than one establishment to submit a single report covering the entire facility. Commenters noted that individual establishments, owned by the same parent company, often have different management lines of authority within the company. In these cases, commenters noted, it would be difficult to combine information into one reporting form. As explained in A. of this unit, the facility is the unit that is responsible for reporting. While EPA could continue to require a single submission for multi establishment facilities, EPA has decided to require a compliance determination by the whole facility covering all its establishments, but to allow individual establishments or groups of establishments to report separately, provided all releases and waste treatment methods are accounted for. However, if individual establishments or groups of establishments report separately for one chemical they must continue to report separately for all other chemicals at the facility. Under this approach the entire facility must determine compliance as a single unit. Thus the Agency ensures no reporting will be missed because certain individual establishments do not meet thresholds for employees or chemical activities. For example, a facility is comprised of two establishments, with combined employment totaling 60 full time workers. Establishment A uses 5.000 pounds of benzene and establishment B uses 8.000 pounds of benzene. The facility as a whole exceeds 10 full-time employees and combined use by both establishments exceeds the 10.000 pound threshold for the use of benzene at the facility. Therefore this facility must report for benzene. It has two options. It can file a report that represents the combined data associated with all activities with benzene at both establishments. Alternatively, both establishments can file separate reports accounting for their individual releases and other related data, if both establishments file separate reports, then they must submit separate reports for ail chemicals subject to reporting. However, if, for example, a toxic chemical is used at one establishment but is not present at all at the other establishment, only the establishment that uses the chemical must report for that chemical. The form provides a way for users of the data to know whether all or only part of a facility is included in a specific report. Check boxes correspond to (1) the entire covered facility or 12) one or more establishments within a covered, multi-establishment facility. A second issue regarding multi establishment facilities rentes to the requirement that the owner or operator of a facility must report. EPA proposed that if no report was Bled, both the owner and operator (if different) would be liable. Commenters requested clarification on the liabilities and obligations of an owner ofleased property, where the owner's interest is > lely one of real estate. These . mmenters believe that such an owner snould not have obligations to report because it is not in a position which would allow it to determine compliance or report the required information. The owner would not be able to submit a report without the cooperation of the operator. EPA recognizes these difficulties. The final rule exempts certain owners of leased property from reporting requirements. These exemptions apply only to those owners of property who have no business interest in the property other than real estate. Owners who are part of the same business organization as the operators would not be exempt, nor would owners of businesses that contract out the operations of a particular site. In these cases, the owner has a business interest beyond that of the real estate and has the ability to exert some control over the operator. A commenter identified an additional problem that occurs when the establishments in a multi-establishment facility are operated by different persons which have no common corporate relationship, such as in an industrial park. EPA identified two possible scenarios. In the Brst scenario, the owner of the facility operates an establishment in the facility but leases a portion of the facility to another person who operates another establishment. The owner and this other operator do not have any business relationship other than landlord and tenant. Also, the owner does not know what chemicals are manufactured, processed, or used in that operator'9 establishment. In the second scenario, the owner of the facility.Jiaving only a real estate interest in the facility, does not operate any establishment in the facility and leases all of the facility to two or moTe persons who operate establishments in the facility. Under the exemption discussion above, the owner would not be subject to reporting. However, in both scenarios, the operators would be subject to reporting, but they have no common corporate or business interest and do not know what chemicals are manufactured, processed, or used in each other'9 establishments. In neither of these situations is one person in a position to know all of the information necessary to make a determination whether the facility as a whole is a covered facility and whether a toxic chemical is manufactured, processed, or used at the facility in excess of an applicable threshold. Accordingly, EPA has decided that, in such a situation, each operator should treat the establishments it operates as a facility for purposes of reporting. These operators must make the determinations under the rule for SIC code coverage, number of full-time employees, and whether a toxic chemical is ABD00291950 Federal Register / Vol. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4503 manufactured, processed, or otherwise used in excess of an applicable threshold, but only for thoje establishments they operate. Appropriate provisions have been added to the rule. form, and instructions to provide for this approach. To ensure that related companies do not avoid reporting for multi-establishment facilities. EPA has limited use of this approach to operators of separate establishments in the same facility who do not have any common corporate or business interest, i.e. they are not engaged in partnerships, joint ventures, ownership of a controlling interest in one by the other, or ownership of a controlling interest in both by a third person. Another situation may arise where a person owns a parcel of land on which it operates one or more establishments and also leases land immediately adjacent to it on which that same person operators one or more additional establishments. Section 329(4) of Title U! defines "facility" to include "a single site or * * * contiguous or adjacent sites ' * which are owned or operated by the same person * ' V Thus in this situation the "facility" would be the total site including the land owned by the person and the adjacent land leased by the person. To make the SIC code determinations and reporting threshold determinations, the person is required to consider the activities at ail the establishments he or she operates on the total site. Having made the determinations that the total facility is a covered facility and that an applicable reporting threshold has been met. the person may submit separate reports for the establishments as described above. C. Auxiliary Facilities--Laboratory Activity Exemption Commenters requested that EPA clarify whether auxiliary operations which have primary SIC codes withm 20 through 39 (manufacturing) are covered for purposes of section 313 reporting. Auxiliary establishments are defined under the SIC code system as operations which primarily support other establishments. Common types of auxiliary operations are research and development laboratories, warehouses, storage facilities, and waste treatment facilities. The SIC code system assigns these facilities SIC codes according to the establishment they service: thus, auxiliary establishments tied to manufacturing establishments are given a manufacturing SIC code. Commenters argued that the statute did not contemplate including establishments that do not engage in manufacturing. They stated further that EPA has the discretion to modify the facility coverage criteria to correct such anomalies. 1. Auxiliary facilities must make a compliance determination. EPA has determined that the most consistent way to treat a stand-alone auxiliary establishment (i.e. one that is not a part of a larger facility) is to require that it make a compliance determination. If such an establishment is classified in SIC codes 20 through 39 because it supports a manufacturing activity. it must review its chemical activities and the level of such aciivities to determine if it must report. It is possible that an establishment such as a warehouse standing alone will not be subject to reporting. If no manufacture (including importation), processing (including repackaging), or use of covered toxic chemicals occurs, the facility is not subject. Similarly, persons who own or operate auxiliary establishments that are within the defined boundaries of a larger multi-establishment facility must review the manufacture, processing, or use activities involving listed toxic chemicals at all the establishments in the facility. Such auxiliary establishments must be factored into the "value of shipments and/or production" calculation to the extent it is applicable, and must be counted toward the employee threshold. The activity of manufacturing, processing, or using a toxic chemical in the auxiliary establishment counts toward the chemical thresholds for the facility. 2. Exemption of laboratory activities. Commenters stated that it would be burdensome to require laboratories to determine whether they must comply because of the potentially large number of mixtures and chemicals on-site in small volumes and the relatively rapid turnover of such chemicals and mixtures in the laboratory setting. EPA agrees with comments that manufacturing, processing, or use of chemicals in a laboratory under the supervision of a technically qualified individual should be exempt from the provisions of this rule. This exemption is consistent with the exemption provided in rules implementing sections 311 and 312 of Title III. and the OSHA HCS. The exemption does not apply to specialty chemical production or pilot plant scale operations. The Agency believes that this exemption provides a consistent and necessary reduction in the reporting burden. For example a stand-alone laboratory is classified in SIC codes 20 through 39 because it is an auxiliary facility supporting a manufacturing operation of a company. This laboratory is. in essence, exempt from the threshold determination and reporting requirements of this rule. Also a covered facility will not have to review chemical manufacture, processing, or use in a laboratory within that facility, provided such operation is not conducting specialty chemical production or pilot plant scale activities. If a toxic chemical is removed from such a laboratory for further processing or use in the facility, the facility must factor such amounts into threshold determinations and release reporting. The Agency does retain certain concerns about releases of toxic chemicals from laboratories. Therefore. EPA will review laboratories as part of its overall review of the types of facilities that should be covered by amendments to this rule. D- The Rule Contains no Modification uf Facility Coverage EPA has discretionary authority to modify the coverage of facilities under section 313(b)(1)(B). The report of the congressional conference committee for Title 111 states that any such modifications are limited "* * ' to adding SIC codes for facilities which, like facilities within the manufacturing sectors SIC codes 20 through 39. manufacture, process or use toxic chemicals in a manner such that reporting by these facilities is relevant to the purposes of this section." (H.R. Rep. No. 962. 99th Cong.. 2nd sess. 292hereafter referred to a3 the conference report.) The conference report further states that section 313(b)(1)(B) is given to provide EPA with the authority to adjust coverage but that "it does not provide EPA the authority to change the overall scope of the reporting program for Toxic Chemical Release Forms." Id. at 293. The Agency proposed that facilities within SIC codes 20 through 39 be required to report. Comments from trade associations, private companies. State agencies, public interest groups and academia requested that EPA use its authority under section 313(b)(1)(B) to include other facilities. These commenters noted that other kinds of facilities beyond those in the manufacturing sector can have significant releases of toxic chemicals. They contend that if the current scope of reporting is not expanded, the public will not realize that manufacturing releases constitute only a part of the total releases of these chemicals into the environment. Most commenters provided specific examples of facilities that they would like to see added. They include: ABD00291951 4504 Federal Register / Vol, 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations Commercial waste treatment facilities, transportation sites, federal facilities, municipal waste treatment facilities and publicly owned treatment works, disposal sites, petroleum and chemical bulk stations and terminals, tank farms, electrical services, petroleum wholesalers, farm suppliers, paint and varnish suppliers, and industrial launderers. Commenters suggested that SIC codes should not be a primary determinant of coverage and that EPA should consider the intent of the law to provide citizens information about releases from all important sources of emissions. Modification of facility coverage could also involve deletions of certain industries from the currently covered SIC codes. In deleting SIC codes the Agency will consider to what extent certain manufacturing operations produce or use toxic chemicals in a manner more similar to operations outside the manufacturing sector. The conference report includes an example of such an operation for facilities within SIC code 2875 that mix or blend fertilizer products for sale at the retail level. It is also possible that certain manufacturing operations, for example those that conduct simple article assembly, may not produce, import, process, use. or release significant amounts of covered toxic chemicals. If by the inherent nature of their activities such facilities are unlikely to otherwise be subject to reporting, then it would serve no purpose to continue to include them in the SIC code designations. The Agency is choosing not to modify the facility coverage of the rule at this time. The issues raised in the comments are important ones for EPA to consider in exercising its authority to modify coverage. Such issues should be dealt with through full notice and comment rulemaking. The Agency must carefully evaluate additional types of facilities that may be manufacturing, processing, or using listed toxic chemicails as well as facilities in SIC codes 20 through 39 that do not handle such chemicals. EPA is planning to initiate an evaluation of facility coverage in 1988. As part of this analysis. EPA will examine the predominant activities in SIC codes 20 through 39- The results of this evaluation and any recommended additions or deletions to the scope of covered facilities will be published as a proposed amendment to this rule. As part of this analysis EPA will also look at the concept of value of products shipped and/or produced from designated SIC code establishments. Another potentially more equitable approach of determining multi* establishment facility coverage is by using "value added" instead of the value of products shipped and/or produced. The value-added approach may create less distortion and duplication when comparing the contribution by individual establishments for purposes of the overall facility coverage determination. However, value-added information may be less available and more burdensome to determine than value of shipments and/or production. EPA will review the first few years of reported data and will attempt to evaluate how the value of shipments and/or products approach affects overall facility coverage. IV. Definitional Issues A. Definition ofManufacture 1. Coincidental production oftoxic chemicals EPA proposed to interpret "manufacture" to include coincidental production of a listed toxic chemical as a byproduct or impurity during the manufacture, processing, use. or disposal of any other chemical substance or mixture. Congress adopted the definition of "manufacture" used in regulations under the Toxic Substances Control Act (TSCA) where such an approach is used. The proposed rule's approach was intended to cover those situations in which a listed toxic chemical is created (intentionally or unintentionally] and then passed on in commerce or disposed of. but never otherwise accounted for. Commenters objected to this interpretation of the manufacture definition on grounds that it exceeded the statutory authority of Title Ul. They also stated that having to make such determinations would require expensive, detailed monitoring that most facilities do not do and would not be required to do under section 313. Other commenters stated that, if such a determination were required, a de minimis cut-off should apply, consistent with OSHA HCS requirements, to reduce the burden on the facility. EPA believes that the definition of manufacture in section 313 includes the coincidental production of toxic chemicals. Section 313(b)(1)(C) states that "(t|he term 'manufacture' means to produce, prepare, import, or compound a toxic chemical." There is no limitation in this definition that would exclude manufacture of a toxic chemical coincidental to the production, processing, use. or disposal of another chemical, nor is there any indication in the legislative history of Title III that Congress intended to exclude toxic chemicals produced coincidentally. Accordingly. EPA believes that such production is included in the definition of manufacture under section 313. For purposes of the rule however, EPA has distinguished between toxic chemicals which are impurities that remain with another chemical that is processed, distributed, or used, from toxic chemicals that are byproducts either sent to disposal or processed, distributed, or used in their own right. EPA also considers that it would be reasonable to apply a de minimis concentration limitation to toxic chemicals that are impurities in another chemical or mixture. In essence, the de minimis cut-off adopted for mixtures (see Unit VI.) would apply to the presence of impurities created as a result of making that mixture, or a component of the mixture. Because the covered toxic chemical as an impurity ends up in a product, most producers of the product will frequently know whether the chemical is present in concentrations that exceed the de minimis level, and. thus may be listed on the Materia] Safety Data Sheet (MSDS) for that product under the OSHA HCS. This final rule does not adopt a de minimis concentration limitation in connection with the production of a byproduct. EPA believes that the facility should be able to quantify the annual <): jregate pounds of production of a bi product which is not an impurity because the substance is separated from the production stream and used. sold, or d.sposed of. unlike an impurity which remains in the product. The major problem with applying a de minimis exemption to a toxic chemical produced as a result of use or disposal of another chemical is the difficulty of determining where and how to make a precentage determination. For example, there may be various points in a treatment process at which a percentage determination could be taken. Also, those doing a better job of treatment could be unfairly penalized because such treatment may concentrate the chemical in waste prior to disposal. Therefore, the conscientious facility may exceed the de minimis concentration of the toxic chemical in a waste whereas another facility having much more dilute waste would not be subject to reporting. Therefore. EPA believes that the estimation of a total annual mass quantity for such coincidental production during use or disposal is a fair approach, In any case. EPA wishes to emphasize that the determination of such coincidental production should be based on the facility's existing production records, monitoring, or analytical data. ABD00291952 Federal Register / Vol. 53. No. 30 / Tuesday. Fehruary 10. 1988 / Rul^s and Regulations 4505 and reasonable judgment on the part of the facility's management. No further monitoring or analysis of production, process, use. or disposal streams is required, consistent with section 313. 2. Import of toxic chemicals. Section 313{b)(l)(c) defines "manufacture" to include import. Thus the owner or operator of a facility that manufactures or imports a toxic chemical is potentially subject to the reporting and supplier notification provisions of the final rule. If a toxic chemical is both manufactured and imported at a facility, the total amount manufactured and imported is aggregated for purposes of determining whether the reporting threshold for manufacturing has been met. Thus it is important for a facility to determine whether it is importing a toxic chemical, either in relatively pure form or as part of a mixture. The U.S. Customs Service defines an importer as a person who imports a chemical into the customs territory of the United States and includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on that person's behalf, the consignee, the importer of record, the actual owner if an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR 141.20. and the transferee, if the right to draw merchandise in a bonded warehouse has been transferred in accordance with Subpart C of 19 CFR Part 144. Section 313 refers to a facility which manufactured (including imported) a toxic chemical. Section 313 does not define "import" or explain when a facility is considered to have imported a chemical. Given the broad Customs definition of who is an importer, several persons may be "importers" for any given shipment of a toxic chemical brought into the customs territory of the U.S. For example, a facility may conduct the entire import transaction using its own personnel in which case it would be the only importer. In other cases, facilities may act through import brokers or others who do the paperwork and pay the duties but provide for direct shipment of the chemical to the facility. EPA determined that for a given imported shipment of a toxic chemical, only one facility should be considered to have imported the shipment. Otherwise, there could be double counting of each shipment. Thus for purposes of the final rule. EPA has defined "import" to mean to cause a chemical to be imported into the customs territory of the U.S. For purposes of the definition of "import." EPA has defined "to cause" in a way which designates the person who in effect controls the importing of the chemical, i.e. the person who intends that it be imported and controls the identity of the chemical and the amount to be imported, not those who are merely involved in the transaction. Accordingly, through this definition, a manufacturer relationship as "manufacturers" subject to the requirements. However, for purposes of section 313 reporting. EPA interprets the definition of manufacture to apply only to a facility that actually produces a facility which completes the entire import transaction for toxic chemical using its own personnel would be considered to have imported the chemical. Further, a facility that ordered the import of a toxic chemical through an import broker, specifying the identity, amount, and that it is to be imported, also would be considered to have imported the chemical. I lowever. if a facility ordered a toxic chemical from a chemical supplier in the U.S.. who in tum decided to import the chemical to fill the order or filled the order from a previously imported stock of the chemical, the chemical supplier's facility would be considered to have imported the toxic chemical. The facility which toxic chemical. Thus, in a toll manufacturer situation, the facility actually producing a toxic chemical would be subject to reporting, if it produced more than the threshold for manufacturing. The other company's facility would be subject to the reporting for that chemical only if it also actually manufactured the chemical in excess of the manufacturing threshold, or if it processed or otherwise used the chemical in excess of an applicable threshold. EPA believes this interpretation is consistent with congressional intent to capture releases associated with manufacturing activities. ordered the chemical would not be considered to have imported the chemical because it did not control the amount to be imported or specify that it B. Clarifications Regarding Process and Othenvise Use; Exemption of Certain Uses was to be imported. EPA included the statutory definition In most cases, determining whether a of "process" in the proposed rule and facility caused the import of a toxic proposed a definition of "otherwise chemical will not be critical because a use." The statute does not specifically facility in SIC codes 20 through 39 which define "u9e" or "otherwise use" yet receives such a toxic chemical from an there are different reporting thresholds import shipment is also likely to process associated with manufacturing and or otherwise use the chemicaL Since the processing activities versus the thresholds for manufacturing and "otherwise using" of a listed toxic processing are the same and the use chemical. Therefore, the basic purpose threshold is lower than the of including a definition of "otherwise manufacturing threshold. EPA does not use" was to distinguish for the potential believe that defining "import" in this respondent what activities would be way will result in any facility escaping subject to the different thresholds. The the reporting requirements of the final proposed "otherwise use" definition was rule, in addition. EPA does not believe broad in scope, basically encompassing that facilities will evade supplier all uses of a chemical at a facility not notification requirements under this covered by the definitions of the terms approach. 3. Toll Manufacturers of Toxic Chemicals. EPA recognizes that it is a practice in the chemical industry for one company to contract with another company to produce a chemical exclusively for it. This may be done to use available production facilites. to take advantage of cheaper production techniques, or to avoid building additional plant capacity. The company initialing the activity typically retains control over the identity of the chemical, the amount to be produced, and the production technology. The company actually producing the chemical in these "manufacture" or "process." The preamble of the proposed rule contained one example of processing versus use of a chrmical. and the proposed instructions for the form gave examples of manufacturing, processing, and U9e { activities. Commenters from industry took issue with the proposed definition of otherwise use and requested further clarification of the differences between processing and use activities. Still other commenters recommended that certain uses be exempted from the final rule reporting requirements. situations is often referred to as a "toll 1. Clarification of the terms "process" manufacturer." and "othenvise use". In the public Under TSCA. which authorizes EPA to . meetings, workshops, and in a apply certain requirements to persons preliminary question and answer who manufacture chemical substances document on section 313 issues, EPA and mixtures. EPA has sometimes has made the following basic distinction treated both companies in a toil between processing and use activities. ABD00291953 45M -- Federal Register / VoL 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations ; " 11 --1 ri,"Mw> ' = " *= a. Processing is on incorporative activity. The process definition focuses on the incorporation of a chemical ito a product that is distributed in commerce. This incorporation can involve reactions that convert the chemical, actions that change the form or physical state of the chemical, the blending or mixing of the chemical with other chemicals, the inclusion of the chemical in an article, or the repackaging of the chemical. Whatever the activity, a listed toxic chemical is processed if (after its manufacture) it is ultimately made part of some material or product distributed in commerce. Examples of the processing of chemicals include chemicals used as raw materials or intermediates in the manufacture of other chemicals, the formulation of mixtures or other products where the incorporation of the chemical imparts some desired property to the product (e.g.. a pigment, surfactant, or solvent), the preparation of a chemical for distribution in commerce in a desirable form, state, and/or quantity (i.e. repackaging), and incorporating the chemical into an article for industrial, trade, or consumer use. b. Otherwise use is a non incorporative activity. EPA is interpreting otherwise using a covered toxic chemical to be activities that support, promote, or contribute to the facility's activities, where the chemical does not intentionally become part of a product distributed in commerce. Examples would be a chemical processing aid such as a catalyst, solvent, or reaction terminator. These chemicals may be integral parts of a reaction but do not become part of a product. Other examples would be manufactur'.,! djds such as lubricants, refrigerant ' metalworking fluids, or chemicals for other purposes at the facility suer .< cleaners, degreasers, or fuels. 2. Cornin'- - `rioting to EPA's interpretive %naction between process and use. On-* commenter disagreed with EPA's inteitv-teMon that a non* incorporatn** ..*.** of a solvent in chemical pr should be classified as otherwt - ig it. This commenter stated that > e solvent can be integral to a reaction a- u mat the solvent can be in the same eu ument as other processed chemicals. m the same low probability i release. Another commenter siaied that a catalyst should not be classified as a processing aid (i.c. otherwise used) because it participates in a reaction. EPA disagrees with these comments on the grounds that it is necessary nd appropriate to distinguish * -cessing from otherwise using based on the thrust of the process-definition (i.e.. whether the toxic chemical in question becomes part of some product distributed in commerce). Another commenter raised the example of a paint that is applied during the manufacture of automobiles. Certain toxic chemical components of the paint mixture would become part of the automobile and other toxic chemicals such as the solvents would evaporate as intended. Is the mixture processed, used, or both? EPA's interpretation is that the activity of each relevant component of the mixture would have to be evaluated. The solvents would be "used." Therefore, they would be subject to the 10.000 pound threshold. The other components of the mixture such as the pigments, would be "processed" because they are incorporated into the article. Therefore, those mixture components would be subject to reporting based on the process threshold. 3. Exemptions of certain uses. Several commenters stated that the proposed definition of otherwise use wa9 too broad. They stated that without some limitations or exemptions the presence at the facility of a listed chemical in any form would have to be factored into threshold calculations. One example given was copper in copper pipes that are part of the facility. This can be interpreted as an ancillary use of copper. They claimed that such a situation would be unreasonable, would place an unnecessary reporting burden on many facilities, and would result in many meaningless reports. One commenter suggested that the otherwise use definition be modified to include the concept of '`active** uses at the facility. Based on a review of the comments and questions received. SPA has determined that it is appropriate to place some limitations on the definition of "otherwise use." EPA ftaS developed (372.38 of the rule) a listing of certain exempt uses of toxic chetnleals as follows: (1) Use as a structural component of the facility. (2) Use of products for routine janitorial or facility grounds maintenance. Examples include use of janitorial cleaning supplies, fertilizers, and pesticides similar in type or concentration to consumer products. (3) Personal uses by employees or other persons at the facilityof foods. drug9. cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such a9 in a facility operated cafeteria, store, or infirmary. (4) Use of products containing toxic chemicals for the purpose of maintaining motor vehicles operated by the facility. (5) Use of toxic chemicals present in process water and nomcontact cooling water as drawn from the environment or from municipal sources, or toxic chemicals present in air used either as compressed air or as part of combustion. (6) Use of articles. C. Full-Time Employee One commenter requested lhat EPA define what it means to have 10 or more full-time employees for compliance with section 313 reporting. The Bureau of the Census defines a full-time employee as a person working 35 hours or more per week, persons who worked 1 to 34 hours for non-economic reasons and usually work full-time, and persons with a job but not at work who usually work full-time. The Bureau of Labor Statistics has a very similar definition. Their definition does not include contract employees. The above two definitions are used in surveys conducted as of a particular week, not for an entire year. EPA considered two factors in the development of the employee threshold determination. First, the definition should reasonably apply to the annual basis of the reporting. Many facilities nur. have large seasonal variations in em: jyment. and the standard must app v to those situations in an equitable mai-.ner. Second, facilities with targe numbers of contract employees should not escape reporting because of different employment arrangements. EPA considered options for determining whether a facility meets the employee threshold as follows. First, full-time employee determinations could be made based on the highest number of full-time employees during any week of the calendar year. This method would ensure that facilities with highly variable employment patterns would be covered for reporting if they met the other requirements (SIC codes and chemical thresholds). Second, full-time employee counts could be determined by the number of employees as of a particular date during the year. Such an option would limit the burden of checking through employment records, but is arbitrary with respect to the choice of a date. Third, the determination could be based on the concept of full time equivalents. A generally accepted level of annual full time hours worked is 2.000 hours. The number of payroll hours for the year would be divided by 2.000 to determine the equivalent number of full-time employees. Fourth, full-time employee ABD00291954 FederaHtegister / Vol, 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4507 counts could be determined by an average of the quarterly maximum number of full time employees for the calendar year. This option would be the most burdensome to calculate. EPA decided to define full-time employee on the basis of a full-time equivalent calculation. Total annual hours worked by all employees, including contract employees, at the l.icility is divided by 2.000. In this way. a facility is able to make an easy determination of whether it equals or exceeds a 10 employee equivalent level by determining if the total hours worked at the facility equals or exceeds 20.000 hours. EPA believes that this approach provides a fair and consistent measure of employment. 1). Definition ofArticle and Article Exemption These issues deal with the definition of article and whether articles should be explicitly exempt for the purposes of threshold determinations and release calculations. 1. Modification of the article definition. The definition of article that appeared in the proposed rule is the same definition used in regulations under TSCA. One commenter asserted that the definition of article that appears in the OSHA HCS should be substituted for the proposed article definition. The commenter contended that the OSHA article definition is more appropriate for section 313 because the language in the Utter part of the OSHA definition relates to the potential for release and exposure during normal end use. Also, it would be consistent with provisions of the Title III sections 311 and 312 rule (52 PR 38344). The instructions for the sections 311 and 312 reporting forms incorporate exemption language from the OSHA HCS. part of which is the exemption of articles. The article definition in the proposed rule read as follows: "Article" means a manufactured item w hich is formed to a specific shape or design during manufacture, which has end use f:in.tion(s) dependent in whole or in part upon its shape or design during end use. and has either no change in chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, or result mixtures or articles, except that fluids and particles are not considered articles [g.xrdloss of shape or design. The article definition in the OSHA HCS reads as follows: "Article" means a manufactured item: (i) Which is formed to a specific shape or design during manufacture: |ii) which has end use tunction(s) dependent in whole or in part upon its shape or design during end u9e: and \oi) which does not release, or otherwise r .suit in exposure to a hazardous chemical under normal conditions of use. The first part of each definition are identical. The latter parts of the definitions differ significantly. The commenter pointed out that the OSHA I ICS definition will function more appropriately because it will keep certain exposure-causing items from being considered articles whereas the proposed definition would not. The commenter also asserts that the exception at the end of the proposed definition for fluids and particles is unnecessary. in its review of this issue EPA considered several options, including retaining the article definition as proposed, retaining the proposed definition but clarifying the wording of the latter part, and adapting the OSHA I ICS article definition for use in this rule. EPA has determined that it agrees with the commenter and has adopted the OSHA HCS article definition with some modifications because it is more appropriate for section 313 purposes than the TSCA definition. The TSCA article definition is worded primarily to distinguish "chemical substances" and "mixtures" from those manufactured items that contain chemical substances and mixtures. The OSHA HCS definition was adapted from the TSCA regulatory definition, for the purpose of exempting certain items from the MSDS preparation requirements: the supposition being that the item's norm.*! end use would not release or cause exposure to a "hazardous chemical" in the article. The revised article definition in the final rule reads as follows: "Article" means a manufactured item: (i) Which is formed to a specific shape or design during manufacture: (ii) which has end use functions dependent in whole or in part upon its shape or design during end use: and (iu) which does not release a toxic chemical under normal conditions of processing or use uf that item at the facility. EPA wishes to emphasize that under this definition an item will not qualify as an article if there are releases of toxic chemicals from the normal use or processing of that item. When attempting to apply this definition to an item used or processed at a facility, the facility should keep this release factor in mind. For example, under normal conditions the milling of metals (e.g. copper) can generate fume or dust containing listed toxic chemicals. Thus, the metal or plastic item being processed would not qualify as an article in that manufacturing setting. I lowever. if the only "release" from processing an item is the disposal of solid scrap (e.g.. pieces of cloth or sections of pipe that are recognizable as having the same form as the item) then EPA considers that the processed item still qualifies as an article. Toxic chemicals in an item that qualifies as an article are not subject to reporting even if the facility disposes of the article after use. For example, the facility uses a battery that contains lead. Lead is not released from the battery during normal use at the facility. When the facility disposes of the battery, it does not have to factor the amount of lead in that article into a threshold or release calculation. 2, Articles exemption. The proposed rule covered the processing and use of toxic chemicals and mixtures containing such toxic chemicals. EPA included a proposed definition of article but. as certain commenters pointed out. did not specifically exclude the use or processing of articles. Commenters encouraged EPA to specifically exempt the use and processing of articles from the threshold determination and release reporting requirements of the rule. According to these comments, the normal end uses of such articles by definition do not result in the release of toxic chemcials contained within such articles. Therefore, such an exemption will reduce the burden on industry significantly because fewer materials will have to be evaluated for threshold and release determinations. The purpose of including an article definition in the rule was for the expressed purpose of exempting such articles. The final rule contains a new exemption section ( 372.38). This section exempts articles containing covered toxic chemicals as defined under section D above from threshold and release determinations. EPA cautions facilities to evaluate carefully normal processing and use of an item to determine if release of a toxic chemical occurs fi.e.. if indeed the item qualifies under the definition as an article). V. Threshold Issues A. Comments Requesting Modification of Thresholds The thresholds for reporting that were presented in the proposed rule are the thresholds mandated by section 313. The threshold for manufacturing or processing a toxic chemical is 75.000 pounds for 1987. 50.000 pounds for 1988. and 25.000 pounds for 1989 and thereafter. The threshold for otherwise using a toxic chemical is 10.000 pounds for any year. EPA has the authority to modify these thresholds provided that such modification obtains reporting of a substantial majority of total releases of each tcxic chemical for all facilities subject to reporting. ABD00291955 45B> Federal Register / Vof. 53> No. 30 / Tuesday, February 16. 138fl / Rules and Regulation* A wide range of comments was received regarding potential modification* to th# thresholds.* Commentors from environmental and public interest groapo asserted that thresholds shoud be lowered to increase release reporting. One commenter stated that a IttQCC pound threshold, over 3 years shootd be used rather than a graduated threshold. Commenters representing the industry asserted that thresholds could be raised without affecting data quality or reporting reqeirements. Other related comments stated that thresholds should be modified to include only larger facilities and that the "user'' threshold should be raised to the same level as thresholds for the manufacturing or processing of a toxic substance. Additionally, one company commented that the determination of a need to modify thresholds should be based on the first few years' reporting levels. Comments from a professional society and a State government indicated that the proposed thresholds are valid and should not be raised. Additional comments presented alternatives to the type of thresholds presented m the proposal. Two commenters indicated that toxic effects could be used to determine threshold adjustments. One commenter recommended a different series of thresholds based on standard container sizes to make threshold determinations easier. Another commenter proposed that the statutory employee size limitation of 10 or fewer employees be removed rather than reducing threshold, amounts for reporting purposes. One commenter proposed an emissions* based approach to exclude small releases of toxic chemicals, regardless of the quantity manufactured, processed, or used. The final rule contains the statutory thresholds present in the proposed rule. EPA does not believe that it has received in (be comments sufficient data to support any overall modification of the statutory thresholds. In addition. EPA did not propose any snch change. EPA agrees with comments to the effect that the first few years'data should be evaluated to determine whether modifications of the threshold would meet the statutory test of obtaining reporting on a substantial majority of the releases fi.e., pounds released per year) of each chemical from subject facilities. EPA may consider changing the reporting thresholds based on several years of data collection. Revising the threshold amount can be based on specific chemicals, classes of chemicals, or categories of facilities. EPA may consider a number of factors for threshold modification including exposure factors such as population density, the distance of population from covered facilities, and the types of releases. Threshold modifications could also take into account the relative potency of the chemical or class of chemicals and the effects of concern. Another type of threshold modification the Agency will investigate relates to the type of facility, either generally by size or by type of industry. B. Threshold Determination Issues Several issues arose as a result of comment on EPA's proposed approaches to determining whether a facility has exceeded a threshold. 1. Recycle and reuse, EPA proposed that a threshold determination in connection with on-site recycle and reuse activities be calculated by determining the amount of the toxic chemical in the recycle/reuse operation at the beginning of the year and add to that any quantity of the chemical brought on site. Commenters reacted fo this proposal with the following: a. The threshold should be based on the amount of the chemical "acted upon." This would include the operating capacity of the recycle activity plus only the amount added during the year, not the total quantity brought on site. b. The amount calculated for the purpose of threshold determinations should only be the quantity added to or actually consumed by the recycle operations. c. EPA should clarify that the threshold amount recycled should not count a pound of chemical more than once as it cycles through the activity. After a review of the comments. EPA has determined that the threshold determinations should be based'on the amount of the material added to a recycle/reuse system during the reporting year. This would fairly depict the amount of a chemical "consumed" during a year m connection with this particular use. During start-up of such a recycle/reuse operation or in the event that the contents of the whole recycle system had to be replaced, this total system quantity would have to be factored into the facility's threshold determination for that chemical. EPA believes that this approach is consistent with the objectives of encouraging recycle/reuse activities. 2. Amount brought on site versus amount processed or used The previous issue points toward a more general problem of distinguishing whether the threshold must be calculated based on the amount of a chemical brought on site during the year or the amount actually processed of used. One commenter cited a situation in which a facility may have a running inventory of over 10.000 pounds of toluene but actually uses only 9.000 pounds during the year. Provided that this is the only use of toluene, the commenters contended that the threshold for use has not been met. EPA agrees with this comment. The final rule provides that the threshold for processing and use is based upon the total amount actually used or processed at the facility, not the total amount brought to the facility during the year. This would not apply, however, in cases where Importation contributes to a calculation of whether the facility exceeds a "manufacture" threshold. The act of importing the chemical to the facility is within the definition of manufacture. Therefore, any quantity brought on site due to importation has to be counted along with any amount of the sae chemical produced at that facility. However when a facility does exceed a threshold, any emissions from amounts of the chemical in the running inventory (i.e. storage) would have to be factored into the emissions calculations. 3. Exceeding any threshold captures the facility for oil releases of that chemical. A commenter objected to the interpretation that if a facility exceeds tny threshold fora listed chemical, it jst report all emissions of that nemical from the facility. The i immenter claims that reporting should ! k limited to the activity that triggers the threshold to be consistent with Congressional intent because Congress set such thresholds to limit the burden on industry and provide the public with useful and manageable information. EPA disagrees with this comment. Congress indicated that section 313 should cover releases from the facility to all environmental media. The thresholds are provided as the means for determining facility coverage, not as a factor in determining which emissions from the facility must be reported, VI. Mixtures and Trade Name Products The proposed rule indicated that mixtures and trade name products that a facility imports, processes, or uses would be evaluated and any covered toxic chemicals in those products would be factored into threshold determinations and release reporting. However. EPA recognizes that facilities may not always have full information regarding mixture components. EPA provided detailed guidance in the preamble of the proposed rule for making a reasonable determination of what is "known to be present at the facility" with respect to determining the ABD00291956 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4509 presence and composition of covered toxic chemicals in. mixtures at (he facility. The proposed instructions for the form also outlined a method for factoring mixtures into the threshold determinations. In addition, the proposal presented EPA's belief that suppliers of mixtures and trade name products have a responsibility to provide their customers with information sufficient for them to comply with the requirements of section 313. EPA requested comment on several options for a supplier notification requirement in connection with, or in lieu of. a user determination requirement. EPA received a wide range of comment on the mixture issue. A. De Minimis Concentration Limit A predominant area of comment was the request for some type of de minimis concentration Hmitafton for listed roxic chemicals- hr mixtures. Commenfers argued that many mixtures or hade name products may contain ''trace" quantifies of section 31? chemicals. They asserted that it would be both unreasonable and extremely burdensome for processors and users of such products to hare to account for these quantities in developing threshold determinations. In addition, eommenters asserted that it would be equally as burdensome for suppliers of these products I have to determine and disclose sm*8 percentages of section 313 chemicals in thee products beyond that currently required rader the OSHA HCS. Most eommenters suggested that F.PA adopt a dt avnrmi9 concentration limitation consistent with the OSHA HCS requirestent. The HCS provides that a supplier does not have to list a "hazardous chemicaT component in a mixture if that chemical comprises less than 1 percent of the mixture or Oil percent where the chemical is a carcinogen (asdefined in the HCS} Other eommenters suggested de minurris levels ranging from 2 percent to 10 percent. Other related concepts would exempt from consideration solutions containing greats than. 7S percent water or would establish de tsmiwn release standards. Based on the comments received. EPA has determined that it is reasonable and appropriate to adopt de mimimis concentration Himtafion for toxic chemical* is mixture* under section 313. EPA believe* that it is necessary to provide a de mmdrm limitation to help reduce the information development burden both on the pert of the user and the supplier of such products. For the final rule EPA has adopted a de minimis limitation of 1 percent, or Oil percent in the case of an OSHA HCS defined carcinogen. EPA believes that the de minimis level chosen is appropriate for two reasons. First.. U consistent with existing OSHA HCS reqaeements for development of MSDS informa doe and with other requirements under sections 311 and 312 of Title lit. Suppliers of products are familiar with these levels and at least for the first two years of reporting, users of these mixtures are only likely to be able to rely od the product MSDS for information about the content and percentage composition of covered toxic chemicals in these products. Second. EPA does not expect that the-processing and use of mixtures containing less than the dip minimis concentration would, inmost instances, contribute significantly to de threshold determinations oc releases of listed toxic chemicals from any given facility. Therefore, any listed toouc chemical that is present in a mixture below these de minimis concentrations doe* oot have to be factored into-threshold or release determinations by the facility. This exemption applies to aU mixture* or trade name products imported, processed, or otherwise used at the facility. EPA defined "mixture" in the final rule to cover combinations of chemical* that are mixed together, as well as rela lively pure chemicals which have impurities present. Thus, if a toxic chemical were present as an impurity with another chemical at a level lea* than l percent, or 0.1 percent iu the case of a carcinogen. the de tBaumes exemption would apply, and the person processing or using the toxic chemical impurity would not be required to count the quanLity present as an impurity toward the threshold determination. They would also not be required to consider that quantity when determining releases to the environment Theafe minimis exemption applies only to the presence of the toxic chemical in the mixture. If a person formulates a mixture by mixing various chemicals together, including a toxic chemical, the person is a processor of the toxic chemical. The persoo must consider the quantity of the toxic chemical added to the mixture, both for threshold determinations and release reporting, including releases from the formulation activity.. However, such a person would not be required to consider releases of the toxic chemical resulting from its presence in the mixture at. less than 1 percent or 0.1 percent, as appropriate. if a person manofactures a chemical and in the process create*a toxic chemical impurity present at less than 1 percent or 0.1 percent as appropriate-. the person is not required to consider the amount of the toxic chemical so manufactured for threshold determmatioos or release reporting (provided that the impunty is not separated from the commercial product). EPA plans to review this de minimis policy and the assumptions upon which it is based in light of rfara that will be collected under this rule. B. User Determination Versus Supplier S'ot'.t'icQtion-. As stated in the introduction- to- this unit. EPA proposed a detailed approach for users fo make a reasonable determination of the presence of section 313 chemicals m products they use. !r> response to the proposed approach, one commenter stared that the standard in the statute is "known to be present at the facility'' and! asserted that a facility has no affirmative obligation to seek information where (here is no apparent information about a section 313 chemical in a mixture beyond such readily available sources as the MSDS for that product. Others commented on the options in the proposed rule preamble for suppliers to notify customers or EPA about the presence and percent composition of covered toxic chemicals in tfteir products* A number of eommenters stated that a supplier should be required to notify its customers about the presence and composition of listed1 toxfe chemicals in the product. From an overall burden standpoint these eommenters stated that there are naturally fewer suppliers than users. Without a supplier notification provision, users would have to contact each of their suppliers each year. These eommenters stated that a supplier notification requirement would ultimately place less burden on the suppliers themselves because their staffs would not have to be constantly responding to user requests. Also, most suppliers could "payback" such notice with the OSHA HCS required MSDS for the product and thereby not Incur a significant additional burden. Other eommenters agreed with the supplier notification concept but preferred that EPA allow a voluntary customer/ supplier interaction, not require such notification as part of the rule. Other eommenters stated that EPA does not have the authority under section 313 to require this type of notification nov would it be appropriate to invoice thegeneral rulemaking authority under section 328 of Title UI to authorize such requirement. Other comments addressed trade secret related implications of a suppfier ABD00291957 Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 1968 / Rules and Regulations notification requirement as follows: The OSHA HCS allows mixture component identities to be claimed trade secret, in addition, the firm is not required t8 supply percentage composition data on the MSDS. Some firms do provide composition data voluntarily in the form of a specific percentage, a range, or some upper bound. A supplier requirement may conflict with the MSDS requirements because some composition information will have to be disclosed. In addition, the criteria for claiming and substantiating the protection of specific chemical identity is more stringent under Title III than it is under the OSHA HCS requirements. 1. Supplier notification requirement. EPA has carefully considered the implications of a detailed user determination requirement versus a supplier notification requirement. EPA has determined that the most effective and least burdensome approach is a supplier notification requirement EPA agrees with comments that a supplier notification system provides the most efficient means of moving the information about the presence and composition of listed toxic chemicals into the hands of the facilities that must report. Providing more complete information about mixture composition in particular wilt give the facility the information it needs to make threshold and release determinations. Under the final rule persons who must develop and distribute the notice are those who own or operate facilities in SIC codes 20 through 39 that manufacture or process listed toxic chemicals, and who distribute products containing such toxic chemicals to facilities in SIC codes 20 through 39. or to others who in turn distribute them to such facilities. Therefore the types of products covered by these notices are products that will be further processed or used by facilities potentially required to report Notices are not required for products sold for individual consumer use. Exemptions similar to those found in the OSHA HCS and rule implementing sections 311 and 312 of Title lil are incorporated into this supplier notification provision. The supplier notification requirement in 372.45 is structured to give processors and users of mixtures and trade name products positive information about the presence of listed toxic chemicals as follows: a. If listed toxic chemicals are present in the mixture or trade name product above the de minimis cut-off level, the notice must identify those specific components as they appear in the list of toxic chemicals in 9 372.65 of the rule and provide their percent composition in the product. b. If the supplier maintains that the identity of a toxic chemical is a trade secret under provisions of the OSHA HCS. the notice must identify the chemcia! as subject to section 313 and provide a generic identity that is structurally descriptive of the chemical. c. If the supplier contends that specific composition information for a toxic chemical in a mixture or trade name product represents a trade secret, the supplier must provide a maximum concentration level of that chemical in the mixture or product. For example, the notice would indicate that toluene constitutes not more than 15 percent of the product. The supplier must choose a level that is only large enough to effectively mask the relevant trade secret associated with the chemical component. A basis for the level chosen must be placed in the supplier's records pertaining to this notice. This maximum concentration level is critical to users of the mixture because they will be using it as part of their threshold and release determinations. Gross overrepresentations of such maximum concentrations in a mixture may result in unnecessary reporting by that customer or overestimation of releases of the chemical from the customer's facility. The notice must be in writing and must clearly indicate that it pertains to thp presence of chemicals covered by section 313 of SARA Title HI. If a MSDS must be distributed with the product. EPA requires that the notification be attached to the MSDS and that it clearly indicate that the notice is not to be detached from the MSDS. This requirement is included because the Agency is concerned about the notification process breaking down when distributors not covered by this rule are handling and redistributing the products. The OSHA HCS requires such distributors to pass along an MSDS for a product. Therefore. EPA determined that the most efficient and least burdensome approach of assuring that the notice would reach the intended recipient is to require that it be attached to or incorporated into the MSDS. The notice must be provided with at least the first shipment of the product to each recipient during the calendar year. When the supplier changes the formulation of the produGt to affect the composition of the toxic chemical in the product, a revised notice must be sent with the first shipment of the changed product to each recipient. If the supplier determines that the product contains a section 313 chemical in excess of the de minimis concentration limit which was present previously but unknown, the supplier must modify the notification within 30 days and provide the revised notice with the first shipment after that 30 day period to each recipient: this notice must identify prior shipments in that calendar year to which it also applies. 2. Phase-in of the supplier notification requirement. One commenter suggested that if mixtures are to be factored into the reporting of listed chemicals that such requirement be phased-in over a 1or 2-year period. According to the commenters. such a phase-in approach would allow time for both suppliers and users to gear-up for mixture determinations. EPA does not agree that mixtures in total should be excluded for the 1987 reporting year. Mixtures make up a large part of potential use of listed toxic chemicals. Therefore, importers, processors, and users of mixtures must use the best available information at hand to determine whether the components of a mixture have to be factored into threshold and release determinations under this rule. However, the concept of a phase-in for the related supplier notification requirement does have merit. In EPA's opinion, it would be both unreasonable and impractical for suppliers to develop modifications to their MSDS ot develop additional notices and distribute such notices in 1968. Therefore, the supplier notification requirement does not take effect until the first shipment of a product in 1989. However, as a practical matter, suppliers should begin as soon as possible to develop the notice relevant to those products that contain covered toxic chemicals. Until the supplier notification goes into effect, users and processors of mixtures are only required to use readily available data regarding such mixtures. 3. Making threshold determinations and reporting for toxic chemical components of a mixture or trade name product. Until the supplier notification under this rule begins. EPA assumes that some suppliers have provided or will provide information to customers about the presence of toxic chemicals in their mixtures or trade name products. The information provided is likely to vary from specifically identifying a toxic chemical and its concentration to advising only that there is a section 313 toxic chemical present, but providing no chemical identity or concentration information. Once supplier notification begins under the rule, most customers will at least be told that a toxic chemical is ABD00291958 Federal Register / Vol. 53. No. 30 / Tuesday, February 16. 1988 / Rules and Regulations 4511 present, its generic chemical identity, and tis upper bound concentration in the mixture oi trade name product. However, even after supplier notification begins, customers may receive such mixtures or trade name products from persons sot in SIC codes 20 through 3d or from foreign suppliers. Neither of these suppliers would be subject to the supplier notification requirements. Therefore, customers might receive less information about tnxic chemicals in such mixtures and products. Accordingly. EPA hos included in the final rule and instructions detailed provisions for reporting by owners and operators of covered facilities who import process, or ofhetwise use toxic chemicals as part of mixtures or trade name products. All reporting by persons who import, process, or use mixtures or trade name products containing toxic chemicals is predicated on those persons knowing that toxic chemicals are present in the mixture or trade name product. If such a person receives a mixture or trade name product, the person must determine whether it meets an apph'cable reporting threshold in either of the following situations: (i) The person was told, or had determined through chemical analysts or otherwise, the specific identity or CAS Registry Number of a chemical in the mixture or trade name product and that chemical appears in 372.65 of the rule: or (ii) the person was told that the mixture or trade name product contains a toxic chemical subject to section 313. If either of these situations applies, the person is not required to inquire furtherabout the mixture or trade name product. Section 313 and the final rule do not impose any obligation to test a mixture or trade name product to determine whether it contains a toxic chemical. However, if a person has tested such a mixture or Irade name product for its own reasons; it must consider the results in determining whether foreport. The final rule identifies six scenarios for persons making reporting determinations for toxic chemicals in mixtures or trade name products: 1. The person known the specific chemical identity of the toxic chemical in the mixture or trade name product, and a. The person know its specific concentration in the mixture or product: b. The person knows only its upper bound concentration in the mixture or product or c. The person has no information about its concentration in the mixture or product 2. The person does not know the specific chemical identity of the toxic chemical in the mixture or trade name product, and a. The person knows its specific concentration in the mixture or product: b. The person knows onty its upper bound concentration in the mixture or product: or c. The person has no information about Its concentration in the mixture or product When the person knows the specific chemical identity of the toxic chemical in the mixture or trade name product, making the threshold determination will involve combining the amount of the chemical in that mixture or product with amounts of the same chemical also manufactured, processed-, or otherwise used at the facility. However, the person is only required to considw the weight of the toxic chemical in the mixture or trade name product, not the total weight of the mixture or trade name product. Determining the weight of the toxic chemical in the mixture or trade name product depends on the information the person has about the percentage composition of the chemical in the mixture or product. If the person knows the specific concentration, determining the weight of the chemical is straightforward. However, if the person knows only the upper bound concentration, the person is required to assume that the toxic chemical is present at that concentration and calculate the weight accordingly. In the event that the person does not know specific concentration or the upper bound concentration then the person is not required to further estimate or otherwise factor that chemical in that mixture or product into threshold or release calculations. Where the person does not know the specific chemical identity of the toxic chemical in the mixture or trade name product, the person is required only to consider the quantity of that chemical component in that mixture or product in. making a threshold determmalion..Since the person does not know the specific identity of the chemical, the person cannot combine the weight of the chemical in the mixture with any other toxic chemicals manufactured, processed, or otherwise used at the facility because the person cannot determine that they are the same chemical. Accordingly, the threshold determinations and the reporting, if any. will be specific to the toxic chemical in the mixture Of product Determining the weight of the toxic chemical in the mixture or product'm this case is the same as for determining the weight when the specific chemical identity is known. Determining the weight of the toxic chemical in the mixture or probed in this case is the same as for determining the weight when the specific chemical identity is known. Once the applicable thresh. Id is met. reporting the chemical identity varies with the degree of knowledge. If the specific identity is known, the person must report the identity and CAS Registry Number, if any. in Part III. Section 1 of Form R. If onty a generic chemical name is known, that name must be reported in Part Iff. Section 2 of Form R. If no generic name is known, the trade name or other name applied to the chemical, or to the mixture or product of which it is a component, must be reported in Part HI, Section 2 of Form R. With respect to estimating releases, such estimates tnust.be based on the concentration of the toxic chemical in the mixture or trade name product. VII. Form Specific Issues A. Certification Statement Section 313 requires that a senot management official sign a certificate statement fot submitted forms. The proposed statement would have reqaired that (he person certify that the submitted information is true, accurate, and complete based upon his or her personal examination of the completed forms. The Agency received several comments on certification relating to three issues: (1) The definition of a senior management official. (2) the requirement that the certifier has "personally examined and is familiar with" the submitted information, and (3) the requirement that the company must certify that the submitted information is true, accurate, and complete. 1. Senior management official. Section 3l3lg](l)(B) defines a senior management official as "a senior official1 with management responsibility for the person or persons completing the report." in the preamble to the proposed rale. EPA stated that a senior management official could be an officer of a company, a facility manager (rather thana corporate officer), or the manager of environmental programs (for the facility or for the corporation) responsible Co* certifying similar reports under ether environmental regulatory re*ieirentems* Commen-ters were concerned that neither definition appeared in EPA's regulations or in the instructions to the proposed form. Also, commences wanted to maintain flexibility ol having either a facility management officer or ABD00291959 4512_____ Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulations corporate manager sign the certification statement by allowing signature by a manager of the persons preparing the report or by the manager of environmental programs for either the facility or the corporation. The Agency has added a definition of senior management official to 372.3 of the rule. The definition gives facilities appropriate flexibility in determining who may sign the form while retaining the emphasis that the person have management responsibility over the persons preparing the form. 2. Review ofpreparedform. The proposed rule required that the person certify that "I have personally examined and am familiar with the information * ' V' Commenters stated that this statement was too stringent because it would require that the senior management official duplicate all the calculations performed in the preparation of the form. A few commenters suggested that EPA adopt the certification statement used in the National Pollutant Discharge Elimination System (NPDES) regulations. Those regulations require a certification that the information was prepared under a system designed to assure that qualified personnel property gathered and evaluated the information submitted, and that the certifying official has queried those persons responsible for the system. Commenters noted that the NPDES certification has already received full notice and comment and has been tested in court. However, the conference report states that "(t|he purpose of the certification requirement is to assure that a senior management official reviews the report for accuracy and completeness." The Agency believes that the NPDES certification, because it does not require the certifying official to review the form. Joes not meet the intent of Congress. However, the proposed certification statement could be interpreted to require more than a view of the submitted information. Therefore, the certification statement was modified and now requires a review by the official, which EPA believes fulfills the intent of Congress. 3. Submissions that are "true, accurate, and complete." The proposed certification statement would have required the certifying official to state that the submitted information is true, accurate, and complete. Commenters objected to this statement, staling that it is unreasonable because much of the information, particularly release estimates, can be subject to considerable uncertainty. They point to section 313(g)(2), which allows facilities to use available data collected under other provisions of law or to provide "reasonable estimates of the amounts involved." Because estimates are allowed, these commenters stated that "accuracy" must be set in context of the estimating procedures used. Commenters further noted that a facility may choose to use emissions factors developed by EPA for the purposes of reporting, even though the facility does not believe the estimates are accurate. Commenters suggested a variety of changes to the certification statement to correct the problem. Several commenters suggested that the burden of the accuracy of reports be placed on the Agency's instructions to the form. Another proposed approach would provide a certification that the information is "substantially accurate and complete." The Agency has decided to modify the certification statement to tie the concept of accuracy with reasonable estimates of amounts and values reported. Such estimates must be based on the information available to the preparer of the report. This revision addresses the commenters' concerns and sets accuracy of reporting within the context set forth by Congress. The revised certification statement reads as follows: "f hereby certify that i have reviewed the attached documents and. to the best of my knowledge and belief, that the submitted information is true and complete and that the amounts and values in this report rapsrt are accurate based on reasonable estimates using data available to the preparers of this report." B. Facility Identification 1. Technical contact, addition of a public contact, (n the proposed rule EPA asked for a technical contact to be listed. The primary purpose for including a technical contact on the proposed form was to allow EPA to follow up reporting with questions pertaining to the completeness and technical integrity of the data. Commenters stated that only EPA or State officials should be designated to contact the "technical contact" of a facility. In addition, commenters recommended that they be allowed to provide a public contact different from the technical contact. EPA has done two things regarding the technical contact. First, for clarification, it should be noted that the technical contact does not have to work at the geographic locatfen for which the report is submitted. The technical contact can be: (a) Someone at the facility; (b) someone at the same company, but at a different location: or. (c) a consultant. The name and telephone number of the technical contact must be provided on the form. The technical contact information will not be included in the public data base. Second, in addition to the technical contact. EPA is requiring facilities to provide the name and telephone number of a public contact for the facility. The public contact may be the same as the technical contact, or someone different. EPA added a public contact to provide firms within the flexibility of designating types of personnel most appropriate to the task of handling technical inquiries about the submission versus general information inquiries from the public. The public contact information will be included in the public data base. 2. Latitude/longitude. EPA did not propose to require companies to submit the latitude and longitude of their facilities in the proposed form. Several commenters expressed great interest in having this data included as a facility identifier. The primary reason for asking for this information is its importance for geographic information systems. These computer-based systems enable EPA and other ogranizations to model exposures resulting from chemical releases and produce graphic representations of such exposures. In addition, these coordinates help to verify the location of facilities and will help EPA and other users of the section 313 data base interface with other data l :ses containing such geographic coordinates. Therefore. EPA has added latitude and longitude as a reporting element for identifying the facility. However. EPA is adopting a phase-in approach for providing this data. For reports due by july 1.1988 (covering 1987). EPA is requiring firms that have the information readily available to report it. For example, certain environmental permits held by a facility may already contain this information. Also, county property records or facility plans or blueprints may show the latitude and longitude coordinates. Latitude and longitude information for all facilities is required on the forms due by july 1.1989 (covering the 1988 calendar year). EPA believes that the approach adopted serves two basic purposes: (1) Latitude and longitude information is provided, which is important to geographic information systems; and (2) there is a low burden of developing the data. 3. EPA l.D. Number. NPDES permit, and receiving streams. In the proposed rule, EPA provided a single line each for listing the EPA Identification Number (the identification number assigned to a facility in connection with hazardous waste generation and disposal activities under the Resource Conservation and ABD00291960 Federal Register / Vo!. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4513 Recovery Act (RCRA)). the NPDFS permit numbers, and the receiving stream or body of water for the facility. Commenters pointed out that some multi-establishment facilities can have more than one of these identifiers or permits, or may discharge a reported toxic chemical into two or more streams or bodies or water. Therefore, the Agency has provide additional lines on the form for these reporting elements. C. Releases to the Environment 1. Total release. EPA proposed that reporting under section 313 account for the total amount of toxic chemicals entering each environmental medium from the facility. EPA based this interpretation on the statutory provisions. The definition of "releases" contained in section 329 of Title III covers all types of releases, both intentional as well as unintentional. Section 313 requires reporting uf "the annual quantity of the toxic chemical entering each environmental medium" This led EPA to ask for information on total releases from the facility. Commenters cited the conference report to support their claim that Congress did not intend for facilities to include accidentia! or unintentional type of releases in the quantities reported under section 313. In discussing section 313 the conference report begins by saying that: This section establishes requirements for annual reporting on releases of certain toxic chemicals to the environment. This reporting covers releases that occur as a result of normal business operations, as distinct from abnormal, emergency releases which must he reported under section 304. Thus, commenters would argue, the statutory definition of release is modified by the conference report. EPA believes that the above-quoted conference report language was provided for the purpose of clarifying differences between the basic types of reporting that occur under section 313 versus section 304 of Title III. A section 313 report is an annual report involving annual aggregate estimates of releases to all environmental media. A report under section 304 is an emergency notification. EPA does not find language in section 313 or any other conference report language that precludes the quantity of a toxic chemical released during an "abnormal, emergency release" from being included in the total annual amount reportable under section 313. One of the purposes of section 313 is assessment of cumulative exposure to toxic chemicals. EPA believes that the best way to accomplish this assessment is to include all releases of toxic chemicals over the reporting year regardless of the mode of release. F.PA also believes that most facilities will calculate their releases based on a total release concept. Therefore, it could be more burdensome to require a facility to "back-out" the section 304 releases and other "accidentia!" type releases than to just leave them as part of the total. Also, if the quantities of section 304 releases were excluded from the annual aggregate total, most data users would not have ready access to this additional Jata. This is because section 304 releases quantities will not be entered into a nationally accessible computer data base as will section 313 data. Thus the public can do no automated cross matching of facilities in order to obtain this additional release data for exposure analysis purposes. Therefore. EPA is retaining its interpretation of total releases for the purpose of section 313 reporting. 2. Removing the section JC4 release indicator. EPA proposed that companies indicate by checking a box whether or not any part of the reported release was an accidental release reported under section 304 of Title HI. Section 304 releases are certain accidental releases of specific chemicals listed under section 302 of Title Ul as well as section 103 uf CEP.CLA (RQ chemicals). The purpose of asking about section 304 releases on the section 313 form wa3 t < provide the public with an additional means of obtaining information about total releases (both routine and accidental) of chemicals subject to reporting under section 313. Several commenters protested that asking for information about section 304 was not in keeping with congressional intent and created trade secret problems. Concerning trade secrets, commenters were concerned about linkages that could be made between the section 313 report and the section 304 report. Under section 304. companies are not altowed to claim chemical identity as trade secret: under section 313. chemical identity is the only information element that can be claimed as a trade secret. The situation could arise where the release of a particular chemical reported under section 304 was the only release of that chemical during the calendar year. Oy checking the section 304 box on the section 313 form, commenters asserted that competitors could find the chemical identity by referring to the section 304 report. EPA believes that the section 304 check-box would create unnecessary reporting complications. Therefore, EPA has decided to delete the check-bcrx. 3. Deletion of the permit indication. KPA proposed that for each aggregate release, facilities would indicate whether the toxic chemical is specifically cited in a permit by checking a "yes" or "no" box. The intent of the permit indication was to provide a starting point fur the public to obtain relevant permit information on the specific chemical released. It was also a way of providing some kind of information on air permits without requiring facilities to list numerous air permit numbers. Most of the comments on this issue were negative. There was strong concern that this check-box would be misleading and confusing to ihe public. Commenters asserted that a "no" answer may lead the public to believe the release is unpermitted or "unallowed" and thereby imply that a facility is in violation of the law. The permit indication also does not reveal how much of the release is covered by permits. Some commenters noted that confusion is bound to result on the part of the reporting facilities as to when the permit indication should apply since most permits do not cite or limit releases by specific chemical. For example, most air permits apply to categories of chemicals, such as volatile organic compounds (VOCs) and particulates. In addition, many permits may limit the release of a chemical by specifying that a control device or particular type of treatment be employed. Therefore, many permitted releases would not be allowed to be chocked under the proposed rule's approach. Certain commenters believed that EPA should broaden the permit indication to include most other types of permitted releases or drop it altogether. Because the permit indication has a high potential to provide misinformation to the public. EPA has decided not to include the permit check box in the final form. EPA believes that it would inevitably lead to misunderstanding and confusion, not only on the part of the public, but also by the reporting community. EPA chose not to broaden the interpretation of which releases would be covered by a permit because 1 this would no longer serve the original purpose of providing a link to chemicalspecific permit data. Additionally, it would be difficult in some situations to give a clear indication of when a permit actually controls the release of a specific chemical versus other components in the wastestream. EPA requires the listing of specific permit numbers in the facility identification part of the form- EPA believes that these permit numbers provide a useful link between the release information and any relevant permit data. 4. Accuracy of reporting. EPA proposed that the annual release dat ABD00291961 4514 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations be estimated as accurately as possible and that figures be rounded off to the nearest pound. Recognizing, however, the aggregate nature of the data ana potential error in the estimates. EPA asked for comment on other reporting alternatives. EPA received comment on three proposed alternative reporting options. (1) Report in ranges. (-1 Report to 1 to 2 significant figures. (3) Report to a specified degree of precision. Many commentcrs on this issue were in favor of either option l or 2. because they believed that the data will not be exact due to the error involved in measurements and estimates, and that these options would not misrepresent the accuracy of the data. Several commenters expressed concerns about the liabilities involved for verifying the accuracy of the data and the potential for public misperception of the data accuracy. Certain disadvantages of reporting in ranges were noted by some commenters. Use of ranges could misrepresent data accuracy because the low or high end range numbers may not really be that close to the estimated val^e. even taking into account its inherent error. For example, a release of 11.000 pounds/ year with a 50 percent error could be misinterpreted as 100.000 pounds/year if reported as a range of 10.000 to 100.000 pounds/year. Reporting in ranges may not only misconstrue the data accuracy, it would also make analysis and use of the data more difficult according to these commenters. Because facilities are not required to do additional monitoring and are allowed to provide "reasonable estimates." it would be infeasible to dictate that they report to a specified degree of precision that cannot be attained given the range of error inherent in the estimates. Therefore. EPA is requiring that estimates of releases and transfers of toxic chemicals to off-site locations be expressed as a figure rounded to a degree of accuracy no greater than two significant digits. As noted in the discussion in Unit XV.B. EPA has adopted an optional range reporting concept for releases to an environmental medium of less than 1.000 pounds. Where the facility Believes that it has no release in relation to a particular line item it could check a box for "0". If the release is estimated to be between 1 and 499 pounds, or 500 to 999 pounds, the facility has the option of checking a range box or entering a specific figure. For releases of 1.000 pounds or more the facility is required to provide a figure rounded to no more than two significant digkAThis range reporting is for calendar years 1987. 1988. and 1989 only. S. Peak re/ecse. Several commenters raised the issue of having the release data reported in terms of its frequency, duration, or peak value in addition to t' e annual release amounts. EPA did not discuss this issue in the proposed rule. Commenters from environmental and public interest groups stated that the annual release data may not give enough information to assess some risks accurately. Knowing how often ana/or how long the releases occur, and the maximum (peak) amount of chemical released per day would allow a better evaluation of exposure and risk to the public according to these commenters. One commenter stated that the annual estimates may be appropriate for evaluating potential cancer risks but that hourly or daily emission estimates are useful for assessing risks for chemicals with acute effects, other short-term exposure effects, and environmental effects. Some industry commenters maintained that more detailed information about the frequency, duration, and peaks of releases will be difficult or impossible to provide. They stated that many facilities have numerous operations or processes involving a chemical. They claim that peak data would be misused and misinterpreted. They fear that users of the data would assume that such peaks occur every day. They also state that the annual data should be used as a screening tool and that further studies should then be undertaken to gather the Information needed to fully characterize exposure. EPA considers the need for more detailed release informatioc to be valid and considered the following options for possible inclusion in the final rule: (1) Days of release. (2) Indication of intermittent versus continuous release. (3) Peak data (maximum daily amount). (4) Days of operation. In reviewing the options. EPA considered how the data would be used in a screening for levels of risk with the currently used exposure models. Days of release is not currently used for modeling exposure in ambient air to carcinogens or chemicals with chronic (long-term) health effects. Current air dispersion models for these types of effects use the total annual release for estimating exposure. The number of days of release is used for estimating drinking water exposure for chemicals with non-carcinogenic health effects and environmental effects. EPA considered that facilities may have difficulty in providing the number of days per year over which the chemical is released into the environment. Facilities may not have this information available, especially for the first year's reporting and may find it difficult to provide in some cases. Also this data may not be meanuuf'.il in cases of multiple releases of diifercnt magnitude and durations. Reporting whether the release is largely continuous or intermittent may he less burdensome for facilities lo do. but it may not be as useful as other potential indicators. This is because it does not provide quantitative information needed fora risk assessment and may be meaningless for an aggregate release amount that is compiled for all releases from many types of processes or sources at one facility. Peak release data in the form nf maximum daily amounts is useful for analysis of risks from chemicals released to air or water with acute or chronic non-carcinogenic effects, and also for chemicals with environmental effects. Peak release data can be used to model the highest one-day acute exposure to human and environmental receptors on a worst-case basis to determine if a more detailed investigation is warranted. EPA is unc--' tain about possible difficulties that fac;. ;.es may have in providing this datum, given that several release sources and several activities at the faci! 'y may contribute to a single daily release amount, (t may not be possible to estimate the maximum daily release using some estimation techniques, such as overall mass balance or emission factors, which are available for estimating the annual release data. The number of days of operations invoh ing the chemical may be easier for facilities to provide than other types of indicators. It could be used to estimate an average daily release using the annual data, but there are weaknesses for using this data in modeling because the releases may not actually occur during all the days of operation. EPA has not included an additional peak release type reporting element in the final rule. Such an additional reporting element would require a significant change to the form. The Agency believes that it will be necessary to further analyze the above options and to investigate additional options, (n its analysis the Agency will determine what type of data is needed to better characterize exposure and risk, and determine how this data can best be reported by facilities. Because of the need for further analysis and input from ABD00291962 Federal Register / Vo!. 53 . No. 30 / Tuesday. February 10. tgoa / Rules and Regulations 4515 the public and regulated community. FPA plans to propose an amendment to this rule dealing with this is^ie within the second quarter of 1988. At that time. EPA will seek comment on this issue in order to develop the most appropriate way of obtaining this data. 6. Disaggregation of air emissions. EPA proposed that fugitive or non-point air emissions be reported separately from stack or point source air emissions. Facilities would include alt emissions to air of a listed chemical and separate such emissions quantities into fugitive or stack type emissions. The instructions gave clarification as to how to differentiate between the two types of sources. EPA proposed to distinguish between these two source categories fur two reasons. First, estimates of stack emissions are likely to be more accurate than estimates of fugitive emissions because stack emissions can be directly measured. Better overall information on air releases can be obtained if fugitive emissions are reported separately and the accuracy of the data on stack emissions is preserved. Second, separate reporting of fugitive and stack emissions will enable regulatory agencies and other users of the data to judge the relative significance of the two sources of releases. Many commenters thought EPA should not require this disaggregation. Two commenters agreed with the proposal while one commenter stated that the form should collect five categories of release on air emissions: Process, fugitive, storage, transfer operations, and waste treatment emissions. Some commenters thought F.PA should require only reporting of point source releases because fugitive emissions are too difficult to estimate accurately. EPA has retained the reporting of air emissions as proposed. This issue received much discussion and review before the rule was proposed and the reasons for not further disaggregating air emissions still remain the same. First, further disaggregation would not be consistent with EPA's approach of not requiring specific information on the sources of releases to minimize trade secret claims. Second, the burden on facilities would increase tremendously if further disaggregation were required. For exjmple. a facility will be able to estimate an aggregate non-point air release using a mass balance approach, but it would be very difficult for it to further divide this amount into releases f. om transfer operations, leaks, and waste treatment emissions. Because the majority of measured data available will be on stack emissions, this is one mechanism available to facilities to distinguish between two types of air emissions. EPA believes that requiring disaggregation only into point and non point source categories is the best balance of data usefulness and industry burden for this reporting requirement. 7. Releases to water--a. Disaggregation of releases by receiving stream. For direct discharges, the issue of how to report multiple receiving streams for one facility was raised by one commenter. The proposed form allowed only one line on page 1 of the form to report a stream or body of water that receives a facility's wastewater flow. EPA has revised the form to allow reporting of up to three receiving streams. These streams are to be numbered and the applicable stream numbers reported in connection with the direct discharge release amount to that strea m. b. Inclusion of stormwater releases. FPA proposed that the total releases of i chemical to surface waters include the contribution from stormwater if the facility's permit included stormwater sources. Given the potential difficulty in estimating the contribution of stormwater to the total release of a < hemic.il, EPA specifically asked for comment on the inclusion of stormwater discharges and how these releases should be estimated and reported. Many commenters thought that EPA should not require reporting on release in stormwater because it is very difficult to estimate amounts of toxic chemicals present and intermittent flowrates without monitoring and measurement. Without such information, it would be virtually impossible to estimate these types of releases to any degree of accuracy. Several commenters pointed out that EPA has not yet developed final stormwater regulations or guidelines under the Clean Water Act because of the technical problems involved. Two commenters believed that facilities should be required to include stormwater releases to surface waters and publicly owned treatment works (POTWs) and that these should be imported separately on the form. Some facilities have submitted permit .ipplications relative to stormwater discharges. As a result of passage of the Clean Water Act Amendments in February 1987. F.PA is currently drafting new stormwater regulations. Some facilities may have stormwater dischar ;es permitted under NPDES '.uiuniry subcategory effluent limitations r through the discretion uf the permit witter. Even if a facility's stormwater is i uvered by a permit, however, it may not have any specific chemical monitoring data depending on when the permit was issued. Also, most permitted stormwater releases are required to be monitored for conventional pollutants such as biological oxygen demand (BOD), total organic carbon (TOC), etc., rather than specific chemicals. Therefore. EPA is requiring facilities to indicate the stormwater contribution to surface water releases only if the facility has monitoring data on the section 313 chemicals in such stormwater and a measurement or estimate of flowrate. If so. the facility must enter the percent of the release that is attnbutable to stormwater in Part III. Seclion 5.3C of the form. If the facility docs not have periodic measurements of the chemical releases but has submitted chemical-specific monitoring data in its permit application, it should use these data as a basis for its estimate. Flowrate data can either be data submitted in a permit application or measurements as required by tiie permit (either periodic or continuous), or can be estimated by multiplying the annual rainfall times the land area times the degree of imperviousness or by another appropriate method. Appropriate responses to be entered on the form include: (i) A numerical figure representing the percent contribution to the total release. (2) "0" if the facility has monitored but not detected the chemical in stormwater discharges, and (3) "N/D" if the facility has no monitoring information relative to the chemical in 9tormwater discharges. 8. Specific line for reporting underground injection release. One commenter raised the issue of how releases to groundwater are reported on the form. The commenter stated that EPA should break out reporting of direct and indirect groundwater discharges as a category distinct from releases to land. By looking at the form only, it is not i.lear how and where facilities would report releases via underground injet.lion discharges. On the proposed form, these releases were to be reported in tl e Release To Land section by enti ring a disposal code for underground injection next to the annual amount. To further clarify releases by unci irground injection of listed toxic chemicals. EPA has included a separate .sub-section in the final reporting form nti'led Underground Injection (Part 111. Sec ion 5.41. 9. B'isis of estimate. For each aggregate release. EPA proposed to require an indication of the basis used to account Tor the estimation of the largest portion of the release quantity. ABD00291963 Foster*! Register / Voi 53. No. 30 / Tnesday. February 16. 1988 / Rules and Regulation* The basis oi estimates provided io the instructions were: (1J Based on monitored or measu^d data. (2) Based on mas balance calculations. (3) Based on poblished emission factors. (4) Based on other approaches (engineering judgment, etc.) Each method woaid be indicated on the form by the use of a code. The basis of estimate provides some indication of data quality and will identify situations in which monitoring data might be obtained in follow-up activities by EPA or the States. This indication would also allow EPA to identify facilities and industries that may be having difficulty estimating releases so that further guidance may be developed for them. Several commenters thought that EPA should require more detailed information on how the releases were estimated, such as the percentage of the release for each method, the emission factors used, or a brief explanation for how other approaches were applied. Most of the commenters representing industry supported the use of the proposed basis of estimate. One commenier wanted clarification on whether indicating the use of emission factors applied only to the use of EPA emission factors. Requiring reporting of the emission factors could result in revealing production volume or throughput amount of the chemical; information that many companies consider trade secret. Also, requiring reporting of the specifics of the calculations used to develop the estimates would be similar to collecting information on each source of release, as opposed to the aggregate release. Such data could involve information on quantities of process streams, also often considered proprietary. EPA wishes to minimise trade secret claims so that most of the data on the specific chemicals will be available and useful to the public. Collecting this sort of detailed information would be more of a "mass balance" reporting approach, and EPA does not have the authority to collect mass balance information from facilities under section 313. Such an approach will undergo study by the National Academy of Sciences as required by section 313(1) to determine the feasibility of its use for future toxic chemical release inventory reporting. The final rule requires the basis of estimation as proposed. Any reasonable emission factor may be used to estimate releases. It is not EPA's intent that facilities be constrained or limited to the use of anyone estrnia%$*?etho$. The burden is on the faciliti^to provide the most accurate and "readable" estimate of releases, arraehey should use all available data qwd| means to provide these estimatewThe data or methods used must be documented in the facility's records and made available for review upon request by EPA inspectors. EPA will use the basis of estimate provided on the form as a tool to ascertain data quality, availability of information, and reporting problems for facilities. D. Off-Site Transport EPA proposed that facilities report the amount of the toxic chemical in waste transferred to the off-site treatment and disposal facilities (including POTWs). the name and address of the off-site location, whether the off-site location is under the control of the reporting facility, and the treatment/disposal methods used off-site, if known. The rationale for inclusion of the off-site waste transfers was to complete the picture of chemical waste generated from a facility and enhance the public's understanding of the locations of toxic chemicals in their community. Off-site locations would also include waste brokers, storage facilities, privately or publicly owned wastewater treatment works, and off-site underground injection wells. Most industry commenters objected to the reporting of off-site waste transfers for several reasons. First, commenters stated that such information is no! required by the statute, was not intended by Congress, and is duplicative because of RCRA reporting requirements for hazardous waste. The strongest objection, however, was that the off-site chemical, transfers do not constitute "a release into the environment" by the reporting facility and should not be reported a9 such on the form. Other comments focused on whether reporting of off-site treatment/disposal methods is required or not and how to report recycling and reuse of the chemical waste off-site. A few commenters suggested that EPA should require the EPA Identification Number of the off-site facility because these numbers would help provide a better identification of the off-site facility and would aid in access to related information in other data bases. EPA has interpreted the statute to require reporting on waste* sent off-site because the conference report states that reportable releases shall also include releases "to waste treatment and storage facilities." Also. EPA believes that reporting wastes sent off site is important because the absence of this information regarding the generation of chemical wastes by a facility could be misleading to the public- Many facilities transfer a significant portion of their chemical wastes to off-site locations. The information to be collected on off site waste transfers is different from that required under RCRA because this information is chemical-specific and makes no distinction between wastestreams which are hazardous and non-hazardous. This type of chemicalspecific information is not currently available to the public or F.PA for many chemical wastes. Facilities are to report the amount of the listed toxic chemical in waste transferred off-site. Facilities are not to report the total amount of the waste containing the chemical. EPA has retained the requirement to report transfers of a chemical in w aste to off-site locations. However. EPA has revised the form so that off-site transfers are distinguished from direct facility releases to the environment, because the disposal (ate is not always known and the off-sile treatment may reduce the amount of chemical ultimately released into the environment. The off-site transfers of chemicals are to be reported in a separate section (Part 171. Section 6) of the form. Reportingof treatment/ disposal methods is requiredonly if this infi-'motion is readily available to the reporting facility. Transfers to a reprocessor or recvcler of chemical waste are not reportable as off - ie transfers under the final rule. First, the material being sent is not bound for ultimate disposal. Second, these types of facilities may themselves be covered as manufacturers or processors of the chemical and. thus, would he accounting for any releases to the environment. F.PA agrees with the comment that an EPA Identification Number should be included in connection with the name and address of off-site locations (to be reported in Part II. Section 2 of the form). If the chemical is part of a hazardous waste, this information element should be readily available from information that the facility must supply on the Uniform National Hazardous Waste Manifest Form. If the facility does nol know the EPA Identification Number of this off-site location, it would enter N/A in this space on the form. E. Waste Treatment Information 1. Wasteitream and treatment methods. Section 313(g|(i)(c)(ui) states that facilities must report "for each wastestream, the waste treatment or ABD00291964 Federal Register / Vot. 53, No. 30 / Tuesday. February 16, 1968 / Rules anti Reguhtums 4517 disposal methods employed, and an estimate of the treatment efficiency typically achieved * * *.",EPA proposed that a wastestream be considered as the aggregate wastes treated in a particular manner or the influent stream to a single treatment method. For example, aggregate waste going to secondary wastewater treatment on site would be considered as a wastestream and reporting would not be required for each of the numerous waters from various process points that are combined for treatment. EPA proposed that the wastestream be characterized as gaseous emissions, wastewater, non-aqueous liquid waste, and solid waste (includes sludge and slurries). In the proposed rule EPA also requested comment on a more detailed wastestream characterization approach. The example used would have required each individual wastestream containing the reported toxicchemical to be identified by an appropriate RCRA waste code. Where a wastestream did not have a RCRA waste code, other source codes would have to be developed. Commenters representing industry trade groups and individual companies supported EPA's proposed aggregate wastestream approach. Commenters representing environmental or public interest groups disagreed with the proposal and urged EPA to adopt a source-specific wastestream characterization system, such as requiring individual wastestreams to be identified by the RCRA codes. These commenters claimed that an aggregate wastestream approach would severely reduce the utility of the data and that EPA will lose the ability to identify particularly efficient means of treatment. EPA has determined that it will retain the aggregate wastestream characterization approach as proposed. EPA was not convinced by comments received that a source-specific wastestream characterization would add materially to the data received or to understanding more about relative efficiencies of particular treatment methods applied to those wastestreams. EPA remains concerned that a very specific wastestream approach would add a significant degree of complexity to the form. It would also increase the burden associated with completing the form without a commensurate increase in benefits. For example, in larger facilities several different individually coded wastestreams. containing the same chemical, may be sent to one type of treatment The form would have to provide for multiple entries for each of these wastestreams. Yet. the type of treatment and the relative efficiency of removal of the chemical would be the same. There also remains the concern about disclosure of trade secret information if facilities were required to identify source-specific wastestreams. For example, many of the RCRA waste codes are themselves specific toxic chemicals as listed in section 313. If a facility can substantiate that the manufacture, processing, or use of a toxic chemical at their facility is a trade secret and they must then identify a treated wastestream as that 9ame chemical, then trade secret protection is effectively negated. Furthermore, to the degree that process specific wastestream information could reveal sensitive process related trade secret information, companies that might otherwise not claim the chemical identity as a trade secret may have more reason to do so in order to protect the linkage to process detail This result would adversely affect the public's access to information. Finally, in many cases where more detailed wastestream information may be of use. such information would be of use only in conjunction with other detailed information, such as the characterization of the wastestream. It is EPA's belief that such detailed information is more appropriately gathered in followup activities after the reports under this rule have been screened to identify particular facilities or classes of facilities of greatest interest. EPA believes that the level of detail in the final form will satisfy the needs for such screening. EPA proposed a list of treatment codes in the instructions from which facilities could specify the treatment methods used for each wastestream. This list has been revised slightly to be more consistent with treatment methods and codes that will be used for future RCRA annual/biennia) reporting. Such consistency will result in less confusion and burden for many facilities who will be reporting waste treatment information under two different EPA rules. Treatment methods are to be reported for all wastestreams containing reportable chemicals whether thi9 treatment actually removes the specific chemical or not. 2. Treatment efficiency. EPA proposed that treatment efficiency, expressed as percent removal, would represent any destruction, biological degradation, chemical reaction or conversion, or physical removal of the listed chemical in the wastestream being treated. A few commenters noted that some of the treatment methods, such as encapsulation and fuel blending, could be reported as 100 percent efficient from the standpoint of protection of health and the environment. EPA proposed that these treatment methods be reported with a 0 percent efficiency because they do not remove the chemicallby any of the previously mentioned mechanisms. For the final rule. EPA doe3 not believe that "removal efficiency" should be stretched to include wastes rendered "safe." "harmless." or "non-toxic" to health and the environment without being removed from the wastestream because such determinations are abstract and subjective, and would result in inconsistent and confused reporting, and would be misleading to the public. Knowledge of the treatment method used should be sufficient to indicate to data users the mechanism of the "treatment" employed and how it works. Several commenters were confused about how to report the efficiency of neutralization processes because this type of treatment involves a change in pH and they believed that the concept of percent removal would not apply. Neutralization does involve a chemical reaction or conversion, such as an acid reacting with a base to form a salt or vice versa. Therefore, percent removal would apply to the percent of acid (or base) in the wastestream that was reacted during treatment. Neutralization also involves pH adjustment because pH is just a measure of the acid or base concentration in the wastestream. A pH of 7 or above after neutralization would indicate 100 percent treatment efficiency of an acidic influent wastestream while conversely, a post-treatment pH of 7 or below would indicate 100 percent efficiency for a basic influent wastestream. 3. Sequential treatment. In the proposed rule, the reporting form did not allow tracking of sequential treatment processes, and an efficiency was to be reported for each treatment method. Several commenters pointed out that for sequential treatments, an overall efficiency for the process would be more useful data than a separate efficiency for each treatment without an indication that they are part of a sequence. EPA also realizes that, in many cases, facilities may not know the individual treatment 9tep efficiencies for a sequential process, but would have a good estimate of the efficiency of the overall treatment process. EPA has revised the waste treatment section of the form to allow the option of reporting sequential treatment methods and an overall treatment efficiency if the ABD00291965 4318 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations individual treatment step efficiencies are not knowrr. The sequential treatment steps would be linked together byt checking a box next to each step to indicate (hat it is part of a sequence. See Part HI. Section 7. column D of the form. This revision will allow facilities to repo|t more accurate and relevant (in the case of sequential treatment) data, will reduce their reporting burden, and will increase the usefulness and understanding of the treatment data reported. For sequential treatments, facilities are to list the individual treatment codes for the various steps in the process, report the influent concentration for the entire process by entering the code next to the first treatment step, and report the overall sequential treatment efficiency next to the last treatment step in the sequence. 4. Influent concentration. EPA proposed that facilities report the pre treatment concentration of the chemical in the wastestream for each treatment method. Submitters would enter a code corresponding to one of five ranges of concentration. Each range covers 2 to 3 orders of magnitude, relieving facilities of the burden of having to report the exact concentration which may not be measured and may fluctuate. Influent concentration data will enhance the evaluation and comparison of waste treatment methods by helping users of the data determine the effectiveness of treatment methods for wastestreams containing different amounts of a given chemical. Most commenters on this issue stated that this information should not be required because it was not specified in the statute, but little comment was received on the burden or technical difficulties of supplying this data. EPA has retained the reporting of the influent concentration for each treatment method in the final rule. The influent concentration will aid in the evaluation of treatment methods used throughout industry by putting the treatment efficiency data into better perspective. This requirement should not significantly increase a facility's reporting burden because it can report the data in fairly broad ranges. For sequential treatments, the influent concentration will be required only for the first treatment step in the overall treatment sequence. F Optional Reporting on Waste Minimization The proposed form included an optional section to allow the respondent to indicate any action taken in the past year (other than the waste treatment methods specified in Part III. Section 8 of the form) to minimize the generation of waste related to the chemical being reported. This section was made optional because the reporting of this type of information is not required in section 313. However, the information that would be provided about waste reduction is considered by EPA to be an important indicator of how industry is responding to the Agency's emphasis on better waste management through waste reduction. (n comments on the proposed rule, the regulated community stated that this request went beyond the scope of the statute and that the Agency was not authorized to collect such information under Title IH. Reporting on waste minimization puts an additional burden and cost on the regulated community. One commenter noted that if a facility chooses not to report on waste minimization, readers of the report may conclude that no emission reduction is in place at that facility. On the other hand, public interest groups stated that information on waste minimization would be very useful to the public and requested that this reporting element be made mandatory. The Agency has decided to retain the optional section on waste minimization. EPA has no coercive intent in requesting this optional information. On the contrary, EPA believes that this section will provide respondents with a positive way to demonstrate to the public the beneficial waste reduction activities they have undertaken. EPA believes that the information provided by industry can indicate longer-term trends in waste reduction activities. However, the Agency has attached a 3 year sunset to this optional section. EPA intends to study the benefits of this section and will review the potential overlap between this reporting question and reporting on waste minimization under RCRA regulations. The proposed optional reporting section also included space for providing a narrative description of waste minimization activities. The Agency has decided to drop the narrative space because it will be difficult for the computerized data base to accommodate such textual data. VH1. Chemical Ust Issues .t. Modifications to the Ust EPA received many comments suggesting modifications to the list of chemicals subject to section 313 reporting. Among these comments were suggested additions to the list corresponding to other regulated chemicals such as the 47 toxic pollutants regulated under the Clean Water Act. Another comment reflected that all known carcinogens should be on the list. Many other comments were made suggesting specific chemical deletions from the list of section 313 chemicals. F.PA realizes that some of these recommendations may be valid. However, the Agency chose not to uso this initial rulemaking as means to modify the Ust of covered toxic chemicals. EPA plans to begin an indepth review of the list of chemicals currently subject to reporting and an evaluation of chemicals that should be added to the initial list beginning in the first quarter of 1988. The comments which the Agency has received will be useful in helping the Agency develop its methodology for this list review. Any changes to the section 313 list of chemicals that appear appropriate based upon this review wilt be proposed for public comment. B. iVomenc/oure 1. CAS preferred name versus common trade name. The list of chemicals mandated by section 313 contained certain entries identified by trade names, not chemical names. For example. Parathion is a trade name. The chemical name with the corresponding CAS registry number is Phosphoric add. 0,0-diR\ethyl-0-(4-nitrophenyl)ester. KPA stated in the proposed rule that nmorting facilities should not have to <j->e a competitor's trade name for r-porting purposes and so. in the case of a lifted trade name, an alternative CAS preferred name was offered in solid brackets. The Agency intends to use the CAS registry number as the unique identifier for all chemicals except for the 20 chemical categories. Therefore, reporting facilities can use either the trade name or the CAS preferred name that appears in 372.65 (a) and (b) of the rule as long as the corresponding CAS registry number appears on the form. 2. Cyanide compounds. Although cyanide compounds are described with a CAS registry number, cyanide compounds are considered a chemical category as defined in 372.65(c) of the rule. The CAS registry number refers to the cyanide anion (CN--), which is not a discrete reportable chemical without a counterion. Therefore the CAS registry number listing for cyanide compounds in 372.65 (a) and (b) of the rule has been removed. 3. Meta! and metal compounds. The original committee print of the list of chemicals subject to reporting under section 313 listed metals and their compounds with the CAS registry number which corresponded to the metal only. In its proposal. EPA sought to separate the metal from metal ABD00291966 Federal Register / Vol, 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulations 4519 compounds. The distinct metal appears with its CAS registry number in 372.65 (a) and (b). and the corresponding metal compounds category appesVs in 372.65(c) because it is a chemical category. 4. Dyes and Color Index names. EPA received comment that some dye chemicals are listed by a common name whereas others are listed by a Color Index (C.I.) name. For example. Auramine {CAS No. 492-60-8) has the Color Index name of C.L Solvent Yellow 34. It was suggested that the list would be much clearer if all of the dye chemicals were listed by their Color Index names. Furthermore, the chemicals Direct Black 36. Direct Blue 6. and Direct Brown 95 should also be listed with the "C.I." prefix. The Agency agrees with these suggestions. Listing these chemicals using the Color Index name makes the list consistent. In 372.65(a) of the rule all of these dye chemicals are listed together. EPA has included the common name in brackets in the case of Auramine. 5. Clycol ethers. Commenters suggested that the Agency should include specific glycol ethers in the chemical specific listings of $ 372.65 (a) and (b) of the rule and remove it as a category from $ 372.65(c). EPA considers this an amendment or modification to the list of chemicals and is not changing the list in this rulemaking. C. Reporting Substances of a Certain Form Certain of the chemicals listed in the Committee Print have parenthetic qualifiers listed next to them. EPA attempted to clarify these qualifiers in its proposal. A chemical that is listed without a qualifier is subject to reporting in all forms in which it is manufactured, processed, and used. t. Fume or dust. Three of the metals on the list (aluminum, vanadium, and zinc) contain the qualifier "fume or dust." EPA interprets this qualifier to mean that a facility is manufacturing, processing, or using the metal in the form of fume or dust. Fume or dust does not refer to "wet" forma, solutions, or slurries, for example, but only dry or anhydrous forms of these metals. As explained in Unit IV.A. of this preamble, the term manufacture includes the generation of a chemical as a byproduct or impurity. In such cases, a facility should determine if. for example, it generated more than the 1987 threshold of 75.000 pounds per year of aluminum fume or dust as a byproduct of its activities. If so then the facility must report that it manufactures aluminum (fume or dust). Similarly, there may be certain technologies in which one of these metals is processed in the form of a fume or dust to make other chemicals or other products for distribution in commerce. In reporting releases, the facility would only report releases of the fume or dust. 2. Manufacturing qualifiers. Two of the entries contain a qualifier relating to manufacture. For isopropyl alcohol the qualifier read "mfg.--strong acid process." For saccharin, the qualifier simply reads "manufacturing." In the case of isopropyl alcohol. EPA interprets the qualifier to mean that only persons who manufacture isopropyl alcohol by the strong acid process are required to report. In the case of saccharin, only manufacturers of saccharin are required to be reported. A facility that processes or otherwise uses either chemical would not be required to report for those chemicals. I.; both of these cases, supplier not.fication does not apply. 3. Solutions. Four substances on the list are qualified by the term "solution." These substances are ammonium nitrate, ammonium sulfate, sodium hydroxide, and sodium sulfate. EPA interprets the term "solution" to refer to the physical state of these chemicals. Only facilities that manufacture, process, or use these chemicals in the form of a solution would be required to report these chemicals. See D. of this Unit for a further discussion of solutions. In these cases supplier notification applies only if the chemical is distributed as a solution. 4. Phosphorus (yellow or white). The listing for phosphorus is qualified by the term "yellow or white." This refers to a chemical state of phosphorus meaning that only manufacturing, processing, or use of phosphorus in the yellow or white states triggers reporting. Conversely, manufacturing, processing, or use of "black** or **red" phosphorus would not trigger reporting. Supplier notification applies to distribution of yellow or white phosphorus. 5. Asbestos (friable). The listing for asbestos is qualified by the term "friable." This term refers to a physical characteristic of asbestos. EPA interprets "friable" as being crumbled, pulverized, or reducible to a powder with hand pressure. Again, only manufacturing, processing, or use of asbestos in the friable form triggers reporting. Similarly, supplier notification applies only to distribution of friable asbestos. EPA received comment to include other forms of asbestos. As noted above, the Agency has chosen not to use this rulemaking as a vehicle for modifying the initial list of chemicals. D. Reporting Chemical Solutions 1. De minimis cut-offfor chemical solutions. The list of chemicals in H 272.65 (a) and (b) contain the qualifier "solution" for some entries such as sodium sulfate (solution). This qualifier is defined in C.3. of this Unit. Technically, a solution is a mixture or formulation. Certain commenters suggested that a de minimis cut-off be applied to the reporting of chemical solutions consistent with the concept of a do minimis limitation for mixtures. EPA agrees with this suggestion because reporting on these four substances is consistent with mixture reporting. Chemicals with the qualifier "solution." such as sodium sulfate that are manufactured, processed, or otherwise used in excess cf the de minimis levels must be factored into threshold and release reporting requirements of this rule. 2. Neutralizations and pH adjustments. EPA received comment regarding neutralization of solutions such as dye baths and pH adjustments of wastewater. Neutralization is interpreted by EPA as a chemical reaction. For example, sodium hydroxide solution is used to neutralize a dye bath and a solution of sodium sulfate is formed. Assuming that other reporting requirements are met this facility is viewed by EPA as a user of sodium hydroxide (solution), and a manufacturer of sodium sulfate (solution), even if the sodium sulfate is destined for disposal. Releases of sodium hydroxide (solution) and of sodium sulfate (solution) would be reported. Adjustments of the pH of a solution present a more complex circumstance in establishing reporting with respect to threshold requirements. The input of a chemical such as sodium hydroxide (solution) into wastewater for pH adjustment constitutes a use of that chemical and is reportable. Therefore EPA is requiring facilities that use section 313 chemicals for pH adjustments and neutralizations to report if they meet an applicable threshold, even if these chemicals are consumed and no releases result. However. EPA realizes that there may be many situations where pH adjustments are made to complex mixtures such as wastewater, where it may be very difficult to determine whether a section 313 chemical is being "manufactured" during this neutralization. Furthermore, quantifying these chemicals for the purposes of meeting reporting thresholds may be just as difficult. The facility must report if it ABD00291967 r 4520 Federal Register / Vo!. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations knows that a listed toxic chemical is generated as a result of such neutralization and has data that allows for a reasonable estimate of the quantity generated. IX. Trade Secret Provisions A. General Trade Secret Issues The Agency received a number of comments relating to the trade secrecy implications of certain proposed form elements. Many of these comments have been addressed in the applicable units of this preamble. EPA also received a number of other general comments on trade secrecy as they relate to claims under section 313. EPA proposed a rule in the Federal Register of October 15.1987 (52 FR 38312). Part of this proposed rule contains procedures for claims of trade secrecy under Title HI. including a proposed trade secret claim substantiation form. Ceneral comments on trade secrecy under the proposed section 313 rule will be reviewed and considered as part of the abovereferenced proposed rule. Until such time as the trade secret rule is finalized, persons subject to this final rule are required to comply with section 322. Accordingly, to do so persons who claim the chemical identity of a toxic chemical as a trade secret should follow the provisions of the proposed trade secret rule. (One exception is noted in B. of this unit regarding the generic chemical name which is required to be provided in the section 313 submission.) Persons should also use the proposed trade secret claim substantiation form until a final form is published. D. Identifying Adverse Health and Environmental Effects Information in the Data Base Section 322(h)(2) of Title HI requires EPA to identify the adverse health and environmental effects associated with a toxic chemical that is claimed trade secret and assure that such information is included in the computer data base. The conference report further explains that "(tlhe adverse effects identified should be described in general terms so as not to provide a unique identifier of a particular trade secret chemical." EPA identified several options in its proposed rule for meeting this requirement of providing adverse effects information relating to trade secret claims. One option would be to develop a cumulative, worst-case effects characterization for the predefined generic class of the chemical. A second option discussed was a modified generic identification approach v.hcre companies would be required to develop and submit a generic identity for the chemical, and the EPA would develop the associated adverse health effects description that relates to the general class or category of the chemical. A third approach mentioned in the proposed rule would be to attempt to develop individual adverse effect profiles that would be substancespecific but would mask any particular effect that is unique and that could divulge its chemical identity. EPA received comments on the above options. Comments generally pointed towards the obvious difficulty of maintaining chemical identity as trade secret while providing adverse health and environmental effects information. It is the EPA's intention to provide the public with as much detailed information as possible on adverse effects. However, the Agency is also obligated to protect the chemical identity from disclosure through the data base when a legitimate trade secret claim is made. EPA approached this issue by developing a matrix of the 309 listed chemicals against the 10 health and environmental effects specifically mentioned in section 313(d). Toxicity data were accumulated from standard literature sources and. where applicable, interpreted using Agency guidelines. The results showed that there were approximately 70 chemicals that exhibited unique toxicity patterns within the 10 effects. EPA proceeded with this analysis by collapsing the 10 adverse effects categories to attempt to arrive at a point where there were no chemicals that exhibited a unique toxicity pattern. To reach the "no unique" result, it was necessary to collapse the categories to the following 4 general categories: Carcinogenicity, acute toxicity, other human health effects, and environmental toxicity. EPA was surprised by the results of this analysis. EPA believes that Congress did not anticipate that its mandate to balance trade secret protection with the ready availability of effects information would lead to such a low degree of specificity for the effects information. EPA will continue to explore alternatives for providing the public with more specific effects information in connection with chemicals claimed trade secret. The Agency plans to publish the analysis mentioned above for comment sometime in the second quarter of 1988 before making any final decisions on the adverse effects identified in the data base. The only impact of this analysis on the final rule is that EPA will not use the predefined generic classes as originally proposed. The analysis indicated that even the four-effects matrix, when put in the context of these generic classifications, created unique patterns for certain chemicals. As a result the Agency has decided to require the reporting facility to provide a suitable generic chemical name that is structurally descriptive of the chemical that is claimed trade secret. X. Recordkeeping EPA proposed a 5-year recordkeeping period. Several commenters objected to this proposed provision. They asserted that 3 years was an excessively long period of time to require facilities to maintain records relative to the reports under section 313. They asserted that a 3-year recordkeeping period would be sufficient and would be consistent with the 3-year recordkeeping period in other EPA regulations relative to air. solid waste, and water. One reason EPA proposed a 5-year recordkeeping period for section 313 submissions is the expected high number of facilities potentially subject to reporting. A 5-year period would allow EPA to inspect a larger number of facilities. However, after a review of the issue EPA believes thg* a 3-year recordkeeping period>W)ll be sufficient given that EPA will be receiving su'"missions annually from covered facilities. Therefore, the recordkeeping pcv.od is 3 years from the date of submission of a report for all information relative to the preparation of that report. In addition to persons who must submit reports under the final rule, a supplier of a mixture or trade name product must keep records of the fact that they provided the required notification relative to the presence and composition of covered toxic chemicals in products they distribute in commerce. Such records must, where applicable, include an explanation of why the specific chemical identity was determined to be a trade secret and the appropriateness of the generic chemical name provided in the notification relative to that chemical. If the supplier provides an upper bound concentration value instead of a specific concentration, the supplier must provide in its records an explanation of why the specific concentration is deemed a trade secret and the basis for the upper bound concentration limit. XI. Economic Impact EPA has prepared a Regulatory Impact Analysis (RIA) in connection with this final rule. The RIA assesses ABD00291968 the economic impact of the final regulation on the affected industry (manufacturing. SIC codes 20 through 39) and State and Federal governments. The following cost results are presented in the analysis document titled. "Regulatory Impact Analysis in Support of Final Rulemaking Under Section 313 of the Superfund Amendments and Reauthorization Act of 1986." Three alternatives are considered in the R1A for implementing section 313; AUemative t--Facilities report by letter. 4521 Alternative II--Facilities report on the proposed version of Form R. Users must contact supplier concerning mixtures and trade name products. Alternative 11!--Facilities report on the final version of Form R. Supplier notification. The population of facilities that would be required to submit reports under section 313 is based on three sources; census data for national totals of facilities engaged in manufacturing, surveys of toxic substances use conducted by 6 States and localities involving a subset of the substances contained in the list of 329 chemicals convered by section 313. and production of toxic chemicals reported for the Toxic Substances Control Act Inventory. Section 313 requires annual reports on releases of toxic chemicals from an estimated 31.600 facilities. Overall, the Agency may receive an estimated 318.000 reports annually. This equals an average of 10 reports per facility. The total costs per average facility, as well as per chemical report costs, are shown in Table I below. Table I.--Total Costs Per average Reporting Facility and Per Chemical Report ($/Yr.) Source--RIA 1967. Regulatory alternative 1 First year Subse quent years Regulatory alternative " First year Subse quent years Regulatory alternate HI First year Subse quent years 1.195.20 101.76 1.223.12 9 036.69 2.222.93 6.94 14.019.30 1,40193 41.92 156.34 6.94 6.851.70 685.17 1.195.20 101.76 11.295.60 291.22 6.94 15.113.85 1.511.39 41.92 7.680 60 197 78 6.94 8.426.76 842.66 1.195 20 101.76 11.595 00 0.00 0.00 6.04 12 898.00 1.269.60 41 92 7.884 06 887 76 0.00 6.04 8.327 169.118 58 832.72911 86 The costs represented in Table I are for reporting facilities. The final rule will cause costs to be incurred by more facilities than will actually be subject to reporting. All facilities with 10 or more full time employees in SIC codes 20 through 39 will incur some costs associated with compliance determinations (i.e.. becoming familiar with the rule and the form, and determining if they meet the threshold requirements for any of the section 313 chemicals). An estimated 146.450 facilities will incur the compliance determination costs. These costs, which do not vary across the alternatives, are included in the aggregate industry costs shown in Table 11 below. Table ll.--Aggregate Costs for Industry: First and Subsequent Reporting Years [Million dollars per year] Regulatory alternative 1 First year Subse quent years Regulatory alternative ll First year Subse quent years Regulatory alternative tn First year Subsequent years Suppliers Worming users........................................................................................................................................... 137.3 3.2 38.9 207.8 272 43.5 7.4 0.8 10.3 556.2 34.3 137.3 1.3 3.2 195.6 2.0 4.4 5.1 0.1 1.0 243.6 359.4 27.2 43.5 9.3 0.8 10.3 591.0 34.3 137.3 1.3 3.2 244.4 2.0 4.4 6.3 0.1 1.0 293.9 3594 27.2 527.1 ^43 1.3 250.0-253.9 2.0 0.1-08 0.7-6.9 289.3-299 2 Source--BlA. Range of coats in subsequent years of Alternative HI reflects elements that are phased-in. That is, the high end ol the ranges represents year 2. and the low end represents subsequent years. The other major costs that will be incurred by non-reporting facilities involve mixtures and trade name required that processors and users of products. The proposed rule would have mixtures and trade name products ABD00291969 45& FeArel Register / Vot. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations contact seppliera and document the information provided by suppliers. If inforroaitocvwere not provided by suppliers, processors and users we required to submit partial reports for mixtures and trade name products. The final rule places the burden on the supplier to provide the information to users. Suppliers and users would incur costs under ail alternatives, as shown in Table U. Supplier costs are lower for the final rule, because suppliers would be initiating the information, rather than responding to requests from users. The costs of users will also be lower for the final rule, as the information on mixtures will be made available to them and consequently there will be no costs for contacting suppliers and documenting the contact*. To compare, costs of the proposed rule to the final rule it i* necessary first to understand that the costs for the proposed rule have been revised. The four major reasons for revisions to the cost estimates are summarized as follows: 1. The number of chemeial reports per facility increased from 4 to 10. Basis for change: Public comments, section 313 pretest, and data from five additional State and local data base* on chemical use. 2. Costs for compliance determinations increased by 33.0 percent. Basis for change: Revisions to costs developed in the RIA for the proposed Comprehensive Assessment Information Rule (CAIR). 3. Estimates for calculating releases in the proposal were based on pretest of CAIR form and contractor estimates. These estimates have been reduced by 30 percent. 8asis for change: Revisions to proposed CAIR costs and section 313 oretest. 4. Costs for suppliers {screening mixtures and informing users) and users (screening mixtures) were not originally included. These costs are compared in Table III below. Table ill.--Summary of Cost Comparison Between Proposeo and Final Rule (First-year coal) Proposed Revised proposed final Costs per tadWy....................................... . $12.500.................................... Total number ot chemtcal reports--..... ... --J 132.340.................................... Total numoer of partial mixture................. ___^ 32,760....................................... Total industry costa..................................... ...... $472.7 million. $527.1 mdlion Reports per facility.................................... ...... 4 chemeai. t mixture.............. .! $15,100. $12.900.................................. 1 310,000, 318.000.................................... ! 95.400...................................................... , $591.0 neWon......................................... . 3 chemical, 7 fud reoorts-mixiures. 3 3 chemical. 7 fu* reports-mature*. j partial reports-mature. | The number of chemical reports per facility increased 2.5 times but initial doubling of CAIR estimates was found to be unnecessary and inclusion of supplemental time to estimate releases was also found to be double counting. First year costs per reporting facility increased from about $12,500 in the June RIA to $15,100 for this same (proposed) version of the form, reflecting the above factors and an increase from the more thorough accounting for the responsibilities attributed to mixtures. Phase-in of mixtures and placement of the burden upon suppliers rather than users account for the final rule's (Alternative 111) lower cost of $12,900 per facility. EPA has chosen to develop the form and rule in order to provide for uniform reporting, so that a computerized data base of high quality and utility can be created and maintained. EPA will incur costs to process, cheek, store, and make available the data reported under section 313. EPA's cents will vary depending upon its choice of data management systems and policies, but are estimated to range from between $7.7 and $26.4 million per year. States will also have some expenses for processing, storing, and distributing reports sent to them. State costs are estimated to be from $1.7 to $2.2 million per year. XII. Duplication of Reporting Linder both section 313 of SARA and section 103 of CERCLA, EPA requires companies to submit information on chemical releases into the environment. While the two statutory provisions are similar in their reporting requirements, they differ in both scope and purpose. Section 313 requires reporting only by facilities in SIC codes 20 through 39. Section 103(f)(2) places no such restrictions on its applicability. Also, some chemicals covered under CERCLA section 103 are not subject to SARA section 313 reporting requirements, and certain additional chemical* not subject to CERCLA notification are included in section 313 notification requirements. The two statutory provisions also differ in purpose. While the purpose of section 313 of SARA is to create a Federal inventory of the listed chemicals, the purpose of the CERCLA section 103 reporting requirements is to gather information for emergency response. A review of the issue found that significant amounts of duplication do not exist between these two requirements. CTI. Public Data Base Section 313(j) states that the Administrator shall establish and maintain in a computer data base a national toxic chemical inventory basH on data submitted to the Administrator under section 313. EPA shall make this data accessible by computer tele: jmmunications and other means to any person on a cost reimbursable basis. EPA is reviewing potential options through which the toxic chemical inventory can be made available to the public. There are numerous vehicles and mechanisms under consideration by EPA for the wide dissemination and accessibility of the inventory to the public on a cost reimbursement basis with the potential for fee reductions or waivers. EPA developed early draft options as examples of potential vehicles and mechanisms for the public availability of a toxic chemical inventory data base. This preliminary draft options paper was the subject of a public meeting held on April 20.1987. Comments from this public meeting and subsequent discussions with other Federal agencies, industry. States, and environmental groups are serving as the basis for further analysis by EPA. After further review of public availability options. EPA will determine which set of products and services will provide the most feasible and widest dissemination of the toxic chemical inventory to the public. EPA expects to be able to make the data base available in the first quarter of 1989. ABD00291970 Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulations XIV. Rulemaking Record The following documents constitute the rulemaking record fo* this rule (docket control number OPTS-400002A). AD documents, including the index of this record, are available to the public in the OTS Reading Room from 6 a.m. to 4 p.m.. Monday through Friday, excluding legal holidays. The OTS Reading Room is located at EPA Headquarters, Rm. NE-G004. 401 M St.. SW.. Washington. DC 20460. The record includes the following information considered by the Agency in developing this rule: 1. Documents in docket no. 400002 at the date of publication of the proposed rule. 2. The proposed rule. 3. Transcripts of public meetings held July 24 and 27. and August 4.1967. 4. Written comments received on the proposed rule. 5. Summaries of meetings held with representatives of industry, public interest groups, and State government officials. 6. The document titled "Regulatory Impact Analysis in Support of the Final Rulemaking Under section 313 of the Superfund Amendments and Reauthorization Act of 1986" (1967). XV. Regulatory Assessment Requirements A. Executive Order 12291 Under Executive Order 12291. EPA must judge whether a rule is "major" and therefore requires a RIA. EPA has developed a RIA as described in Unit XI. This RIA shows that the combination of impacts of the statutory provisions of section 313 and the interpretive .provisions of this rule may create a first year impact of S527 million and a second year impact of $299 million. EPA has determined that this rule is "major" because it may have an effect of $100 million or more on the economy. EPA does not. however, anticipate that this rule will have a significant effect on competition, costs, or.prices. This rule was submitted to the Office of Management and Budget (OMB) for review as required by Executive Order 12291. B. Regulatory Flexibility Act Section 313 and the final rule exempt certain small businesses from reporting, i.e.. those facilities in SIC codes 20 through 39 with fewer than 10 full-time employees. The statutory exclusion of facilities with fewer than 10 full-time employees exempts 48 percent of all manufacturing facilities in SIC codes 20 through 39. After also considering the volume thresholds. EPA estimates that section 313 will require reporting from approximately 3.0 percent (9.400 of 277.100) of all small manufacturing facilities with less than 50 employees. Analysis to support the proposed rule indicated that for some segments of the manufacturing sector the compliance costs of reporting will have a significant impact. Specifically, reporting costs are estimated to be between 1.0 and 2.0 percent of median sales for facilities with fewer than 50 employees: and between 2.0 and 4.0 percent of median sales for facilities with 10 to 19 employees. Subsequent to proposal, the Agency developed and included a Regulatory Flexibility Analysis in the RIA to examine options that might reduce the burden to small businesses. The Agency received extensive comments on the impacts of the proposed rule on small businesses from the small Business Administration (SBA). SBA presented several alternatives designed to reduce the burden to small businesses, based on the premise that small facilities (those with fewer than 100 employees) have nothing significant to report. These alternatives are discussed below. SBA proposed the development of thresholds based on risks posed by various emission sources. SBA maintains that data exists from the Agency's regional studies that would allow the Agency to calculate risks from air and water emissions, from which the Agency could develop thresholds for reporting based on specific risks. From its review of the data. SBA concludes that "small firms collectively contribute only a small fraction, generally less than 10 to 15 percent, of the toxic chemical emissions included in the local area studies." SBA acknowledges that "there may be a lack of information on toxicity which would make (a risk] analysis infeasible for certain chemicals." SBA's second proposed alternative is to combine section 313 with CERCLA section continuous release reporting, using 10 pounds a day Reportable Quantity (RQ) for any section 313 chemicals not covered under CERCLA. SBA states that this would ensure that "facilities of primary concern (those with significant emissions) are included." SBA believes this approach would also alleviate the significant economic burden on small businesses. SBA recommends as a third alternative a de minimis reporting range of 0 to 1 pound of emissions per day or 0 to 250 pounds per year. SBA's fourth alternative was a total exemption of small facilities (defined by SBA as those with fewer than 100 employees) from reporting: and/or an abbreviated or shortened reporting form. The Agency received comments both in support of an in opposition to SBA's position. The Agency identified 8 regulatory alternatives as part of the Regulatory flexibility Analysis for this rule. The alternatives, evaluated on the basis of cost and economic criteria, represent options for reducing the reporting burden for small businesses. Each alternative is described and discussed below. Alternative 1: Rule as proposed: statutory exclusion of facilities having fewer than 10 employees. This alternative allows complete coverage of reporting on emissions,.but provides no reduction in burden to small facilities. Alternative 2: Exempt all small businesses (defined as facilities with fewer than 50 employees). (The RIA analyzes alternative definitions of small businesses.) This alternative not only reduces the reporting burden for small businesses, but eliminates any burden of compliance determination from small facilities. However, this alternative would result in no reporting of emissions from small facilities, which could lead to substantial gaps in the Emissions Inventory, especially at the community level. The costs are summarized in Table IV below. Table IV.--Regulatory Flexibility Study Options: Costs Per Facility (Present Value lor 10 Years of Reporting) Cost(') Option: 1................................... SS4.320 2 ....................... 0 3 ................................. 1 SS4.320 4 ................................. S5.100 to $54,320 5 ................................. $5,100 6 ................................. $24,630 7 ................................. $47,130 to * $52,630 8 ................................. S34.410 to *$50,990 1 in present value 1987 dollars at a 10 percent discount rate for years 1986-1997. ' Given the absence of any SIC codes mat would meet exemption cntena. i ' Average cost but mis option would otter the benefit of limiting the extent to wfticn individual facilities would exceed me average. * Assumes all 10 chemicals per facility enjoy 10 to 50 percent cost savings lor estimates of ar and water releases m ranges. Alternative 3: Exempt facilities in specific SIC codes if they account for low aggregate emissions. This alternative would exempt small businesses in particular industries that might trigger the need to report based on the volume threshold for use. but have little actual emissions. However, after examining the available data (six State and local data bases that contain emissions data for some of the section ABD00291971 4524Federal Register / Vok 53. No. 30 / Tuesday. February 16. 1966 / Rufes and Regulation# 313 chemicals), no SIC codes were identified that met the criterion. Alternative 4: Require annual t reporting by small businesses only of Parts l through VI of proposed Form Ri Parts VfT through X of the proposed form would be due only upon request by EPA. This alternative would eliminate the most onerous part of the reporting burden (i.e.. estimating releases). \ lowever. while small facilities would be identified in the data base, the most important information (i.e.. emissions) would not be captured. Therefore the utility to the public of the date base would be reduced. There also would be likely increased administrative costs with such an approach when the emissions data are requested. These costs would be incurred by the public (for requesting information), industry (for having to essentially fill out a form for some chemicals twice), and the Agency (for establishing procedures of how and to whom the request should be made, response times, etc.). Alternative 5: Require annual reporting by small businesses only of Parts I through VI of proposed Form R plus data on quantity used or produced: EPA estimates releases from small business facilities. This alternative would eliminate the most onerous part of the reporting burden as described in Alternative 4. EPA would provide emissions estimates in the data base that were more consistently derived. However, the mformatron that EPA would have to require to estimate releases may actually increase the information required on the form. For example. EPA would have to require production, processing, or use volume information. This approach would increase Agency costs for calculating releases. It would also require industry's willingness to report such potentially confidential or trade secret information as a tradeoff for the lowered burden. Alternatives: Require reporting by small businesses every third year, rather than annually. This alternative would reduced the burden to small facilities over time, while still providing data on smalf facilities and their emissions in the data base. However, the frequency of reporting cannot be changed until 1993 under section 313(i]. Alternative 7: Require small businesses to report only up to a certain number of chemicals per year.This alternative would places cap on the number of chemicals that small businesses would report each year. The burden would be reduced for those small facilities with more than the average number of chemicals per facility. Data on smafT facilities and estimates of emissions would still be provided in the data base. However, in the intervening years until facilities have reported on ail section 313 chemicals, the data base will not beas complete or as accurate. Alternative 8: Allow small businesses to. mark ranges check-boxes for release less than 1.000 pounds per year to any environmental medium. The check boxes would apply to 0.1 to 499 pounds per year, and 500 to 999 pounds per year. The facility would have the option of reporting a specific figure rather than checking a box. The facility would have to provides specific figure estimate for releases of 1.000 pounds or more per year. The reporting burden would be reduced by not requiring small facilities to further refine estimates of these lower level releases. A certain degree of precision might be lost relative to analyzing the releases reporting in such ranges. However, the data base would maintain a higher degree of completeness relative to other options (except option l) because all data required by the form would be reported each year by all facilities. Conclusions: The Agency has the authority to establish different thresholds for a chemical, class of chemicals, or categories offacilities. However, any revised threshold must obtain reporting on a substantial majority of total releases of the chemicals at ail facilities subject to reporting. Based on the limited available data the Agency cannot support any modification of thresholds based on size of facility, and still be able to maintain that a substantial majority of the total releases would be captured through reporting. ERA analyzed certain limited use and release data available on a subset of the section 313 chemicals from the states of New Jersey, Michigan, and Massachusettt. These date were used to estimate the potential impact on coverage of aggregate emissions, coverage of chemteal-by-chemical emissions., and coverage of emissions at the community level. This analysts shows that facilities with fewer than 49 employees account for a least 30 percent of the air releases for 12 of 97 chemicals listed in the New Jersey data base. EPA concluded that exempting facilities of this size range from reporting may lead to lack of coverage of certain chemicals. Therefore, the Agency is not modifying the thresholds (i.e.. the annual pounds of a toxic chemical manufactured processed, or otherwise used) for small facilities. However, as a result of this analysis and consultation with SBA. the Agency has incorporated alternative No. 8. limited range reporting into the reporting requirements of the rule. It is difficult from the data available to EPA to estimate exact burden savings associated with this approach. Savings for any individual small facility will depend upon the number of chemicals being reported and the number of environmental media to which each chemical is released. For example, a simple mass balance around a process may be adequate to show that air releases are less than 1.000 pounds. The information necessary to complete such a mass balance should be readily available and tabulated, at least partly, to determine whether the reporting threshold is met. By relying on a rough mass balance calculation, the facility could avoid calculating releases from individual process points (for example, valve and flanges leaks, or storage tanks vents). Completing these calculations requires that additional information be tabulated (e.g.. the number of valves, or the size of storage tanks). For a release to a single medium, the savings could be as high as 50 percent of the time for completion of the release section of the form (12 of 24 hours). For releases of a chemical to several media the savings are likely to be approximately 10 perctot because of the time required to determine how such releases are apportioned per media. Th -e savings are reflected in the cost per : jcility for option 0 m Table FV. SBA bui ' ves that EPA's estimates of savings are > onservative and that small facilities would benefit substantially from this approach. EPA expects that small facilities will realize the most benefit from the optional range reporting concept because larger facilities are more likely to have the technical capabilities to develop more specific estimates. However. EPA believes that this optional range reporting provision could provide a burden reducing benefit to any subject facility regardless of size. Therefore. EPA has extended the optional range reporting provision to ail subject facilities. EPA believes that it will be necessary to evaluate the relative costs and benefits of this alternative in light of the first few years of section 313 submissions. Therefore, a 3-year limitation has been attached to this provision. The limited range reporting option will apply to the 1987.1988. and 1989 reporting years unless EPA takes action to extend or permanently adopt this reporting provision. EPA will publish its analysis prior to allowing the provisions to expire. ABD00291972 F^cr^Regiatef^/^V^j^Na^gO^/^Tuesday. February 16, 1388 / Rules and Reyufatiosw 4525 C. Paperwork Reduction Act OM8 has reviewed the information collection requirements contained in this rule under the provisions of the Paperwork Reduction Act of 1990.44 U.S.C. 3501 et seq- end has assigned OMB control number 2079-0093. List or Subjects io 4ft CFR Part 372 Environmental protection. Recordkeeping, reporting, and notification requirements. Toxic chemicals. Dated: February 2.1988. A. James Semes, Acting Adminrstral&r. Therefore. Chapter 1 of 40 CFR is amended by adding a new Part 372 to read as follows: PART 372--TOXIC CHEMICAL RELEASE REPORTING; COMMUNITY RtGHT-TO-KNOW Subpart A--General Provisions Sec. 372.1 Soepe and purpose. 372.3 Definitions. 372 Persons wtyecl to this Part. 372.10 Recordkeeping. 372.18 Compliance and enforcement Subpart 1 Reporting flaquMironrita 372.22 Covered facilities for toxic chemical release reporting. 372.3 Thresholds for reporting. 372.30 Reporting requirements and schedole for reporting. 372.38 Exemptions.. Subpart C--SuppOer Notification Requirement* 372.45 Notification about toxic chemicals. Subpart D--Specific Toxic Chemical Listings 372.65 Chemicals and chemical categories to which this Part applies. Subpart E--Forms sad Instructions 372.85 Toxic chemical release reporting form and mairucticna. Authority: 42 U.S.C. 110T3.11028. Subpart A--Gararaf Provisions 372.1 Scope and purpose. This Part sets forth requirements for the submission of information relating to the release of toxic chemicals under section 313 of Title 111 of the Superfund Amendments and Reauthorization Act of 1986. The information collected under this Part is intended to inform the general public and the communities surrounding covered facilities about releases of toxic chemicals, to assist research, to aid m the development of regulations, guidelines, and standards, and for other purposes. This Part also sets forth requirements for suppliers to notify person* to whom they distribute mixtures or trsde name products containing toxic chemicals that they contain such chemicals. 372.3 Definitions. Terms defined in sections 313(b)(1)(c) and 329 of Title III and not explicitly defined herein are used with the meaning given in Title III. For the purpose of this Part: "Acts" means Title IIL "Article" means a manufactured item: (1) Which is formed to a specific shape or design during manufacture: (2) which has end use functions dependent in whole or in part upon its shape or design during end use: and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments. "Customs territory of the United States" means the 50 States, the District of Columbia, and Puerto Rico. "EPA" means the United States Environmental Protection Agency. "Establishment" means an economic unit, generally at a single physical location, where business is conducted or where services or industrial operations are performed. "Facility" means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by. or under common control with such person). A facility may contain more than one establishment "Full-time employee" means 2.000 hours per year of fall-time equivalent employment. A facility would calculate the number of full-time employees by totaling the hours worked during the calendar year by all employees, including contract employees, and dividing that total by 2.000 hours. "import" means to cause a chemical to be imported into the customs territory of the United States. For purposes of this definition, "to cause" means to intend that the chemical be imported and to control the identity of the imported chemical and the amount to be imported. "Manufacture" means to produce, prepare, import, or compound a toxic chemical. Manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, use. or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemscai or mixture of chemicals as a byprodact and a toxic chemical that remains in that other chemical or mixture of chemicals as an impurity. "Mixture" means any combination of two or more chemicals, if the combination is not. in whole or in part, the result of a chemical reaction, However, if the combination was produced by a chemical reaction but could have been produced without a chemical reaction, it is also treated as a mixture. A mixture also includes any combination which consists of a chemical and associated impurities. "Otherwise use" or "use" means any use of a toxic chemical that is not covered by the terms "manufacture" or "process" and includes use of a toxic chemical contained in a mixture or trade name product. Relabeling or redistributing a container of a toxic chemical where no repackaging of the toxic chemical occurs does not constitute use or processing of the toxic chemical. "Process" means the preparation of a toxic chemical, after its manufacture, for distribution in commerce: (1) la the same form or physical state as. or in a different form or physical state from, that in which it was received by the person so preparing such substance, or (2) As part of aa article containing the toxic chemical. Process also applies to the processing of a toxic chemical contained in a mixture or trade name product "Release" means any spUliog. leaking pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any toxic chemical. "Senior management official" mesas an official with management responsibility for the person or persons completing the report or the manager of environmental programs for the facility or establishments, or for the corporation owning or operating the facility or establishments responsible for cotifying similar reports under other environmental regulatory requirements. "Title LIT means Title 111 of the Superfund Amendments and Reauthorization Act of 1980. also tided the Emergency Planning and Community Right-To-Know Act of 1980. "Toxic chemical" means a chemical or chemical category listed in { 372.05. "Trade name product" means a .chemical or mixture of chemicals that is distributed to other persons and that incorporates a toxic chemical * component that is not identified by the applicable chemical name or Chemical ABD00291973 \... 4526 Federal Register / Vol. 53!_Na_jO_/jruesdayL_Fe^^ty 16. 1988 / Rules and Regulations Abstract* Service Registry number listed in S 372.65. 372.S Person* subject to mis Part Owners and operators of facilities described in 372.22 and 372.45 are subject to the requirements of this Part. If the owner and operator of a facility are different persons, only one need report under | 372.17 or provide a notice under $ 372.45 for each toxic chemical in a mixture or trade name product distributed from the facility. However, if no report is submitted or notice provided. EPA will hold both the owner and the operator liable under section 325(c) of Title III. except as provided in 5 372.38(e) and 372.45(g). $372.10 Rscortfkssping. (af Bash petson^ubject to the ropoKDhgteqtifremenis of this Part must retain the foUpwing records for a period ofUyears ftm the date of the submission of& report under $ 372.30: m A copy of each report submitted by the person under $ 372.30. (8$ AH supporting materials and documentation used by the person to make the compliance determination that the facility or establishments is a covered facility under 1372.22 or 372.45. Documentation supporting the report submitted under $ 372.30 including: |f) Documentation supporting any determination that a claimed allowable exemption under $ 372.38 applies. Data supporting the determination of whether a threshold under 372.25 applies for each toxic chemical. Hfc) Documentation supporting the calculations of the quantity of each toxic chemical released to the environment or transferred to an off-site location. (tV) Documentation supporting the use indications and quantity on site reporting for each toxic chemical, including dates of manufacturing, processing, or use. {$} Documentation supporting the basis of estimate used in developing any release or off-site transfer estimates for each toxic chemical. Receipts or manifests associated with the transfer of each toxic chemical in w#ste to off-site locations. (Vii) Documentation supporting reported waste treatment methods, estimates of treatment efficiencies, ranges of influent concentration to such treatment, the sequential nature of treatment steps, if applicable, and the actual operating data, if applicable, to support the waste treatment efficiency estimate fat each toxic chemical. (b) Each person subject to the notification requirements of this part must retain the following records for a period of 3 years from the date of the submission of a notification under $ 372.45. (1) All supporting materials and documentation used by the person to determine whether a notice is required under $ 372.45. (2) Ail supporting materials and documentation used in developing each required notice under $ 372.45 and a copy of each notice. (c) Records retained under this section must be maintained at the facility to which the report applies or from which a notification was provided. Such records must be readily available for purposes of inspection by EPA. quantity of that chemical set forth in 372.25. $ 372.25 Thresholds for reporting. The threshold amounts for purposes of reporting under 372.30 for toxic chemicals are as follows: (a) With mamcfaGt'Ureiiiincluding importedjor praeessed at a facility during the following calendar years: $372.11 Compliance and enforcement Violators of the requirements of this Part shall be liable fora civil penalty in an amount not to exceed S25.000 each day for each violation as provided in section 325(c) of Title III. Subpart B--Reporting Requirements 372.22 Covered facilities for toxic chemical releaae reporting. A facility that meets ail of the following criteria for a calendar year is a covered facility for that calendar year and must report under 372.30. (a) The facility has 10 or more full time employees. (b) The facility is in Standard Industrial Classification Codes 20 through 39 (as in effect on fanuary l. 1987) by virtue of the fact that it meets one of the following criteria: (1) The facility is an establishment with a primary SIC coda of 20 through 39. (2) The facility is a multi establishment complex where all establishments have a primary SIC code of 20 through 39. (3) The facility is a multiestablishment complex in which one of the following is true: (i) The sum of the value of products shipped and/or produced from those establishments that have a primary SIC code of 20 through 39 igreater than 50 percent of the total value of all products shipped and/or produced from all establishments at the facility. (ii) One establishment having a primary SIC code of 20 through 39 contributes more in terms of vajue of products shipped and/or produced than any other establishment within the facility, (c) The facility manufactured (including imported), processed, or otherwise used a toxic chemical in excess of an applicable threshold applicable calendar year. (c) With respect to activities involving a toxic chemical at a facility, when more than one threshold applies to the activities, the owner or operator of the facility must report if it exceeds any applicable threshold and must report on all activities at the facility involving the chemical, except a9 provided in $ 372.38. (d) When a facility manufactures, processes, or otherwise uses more than nne member of a chemical category 1'sted in 372.65(c). the owner or ;vrator of the facility must report if it \ceeds any applicable threshold for the total volume of all the members of the < ategory involved in the applicable activity. Any such report must cover all activities at the facility involving members of the category. (e) A facility may process or otherwise use a toxic chemical in a recycle/reu.se operation. To determine whether the facility has processed or used more than an applicable threshold of the chemical, the owner or operator of the facility shall count the amount of the chemical added to the recycle/reuse operation during the calendar year. In particular, if the facility starts up such an operation during a calendar year, or in the event that the contents of the whole recycle/reuse operation are replaced in a calendar year, the owner or operator of the facility shall also count the amount of the chemical placed into the system at these times. (f) A toxic chemical may be listed in 372.65 with the notation that only persons who manufacture the chemical, or manufacture it by a certain method, are required to report. In that case, only owners or operators of facilities that manufacture that chemical as described in 372.65 in excess of the threshold applicable to such manufacture in 372.25 are required to report. In ABD00291974 Federal Register / Vol, 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4527 completing the reporting form, the owner or operator is only required to account for the quantity olthe chemical so manufactured and releas&e associated with such manufacturing, but not releases associated with subsequent processing or use of the chemical at that facility. Owners and operators of facilities that solely process or use such a chemical are not required to report for that chemical. (g) A toxic chemical may be listed in 372.65 with the notation that it is in a specific form (e.g.. fume or dust, solution, or friable) or of a specific color (e.g.. yellow or white). In that case, only owners or operators of facilities that manufacture, process, or use that chemical in the form or of the color, specified in 372.65 in excess of the threshold applicable to such activity in 372.25 are required to report. In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical manufactured, processed, or used in the form or color specified in 372.65 and for releases associated with the chemical in that form or color. Owners or operators of facilities that solely manufacture, process, or use such a chemical in a form or color other than those specified by $ 372.65 are not required to report for that chemical. (h) Metal compound categories are listed in 9 372.65(c). For purposes of determining whether any of the thresholds specified in 9 372^5 are met for metal compound category, the owner or operator of a facility must make the threshold determination based on the total amount of ail members of the metal compound category manufactured, processed, or used at the facility. In completing the release portion of the reporting form for releases of the aetal compounds, the owner or operator is only required to account for the weight of the parent metal released. Any contribution to the mass of the release attributable to other portions of each compound in the category is excluded. 373.30 Reporting requirements and schedule for reporting. (a) For each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherwise used in excess of an applicable threshold quantity in 372.25 at its covered facility described in | 372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facility is located a completed EPA Form R (EPA Form 9350-1) in accordance with the instructions in Subpart E. (b) (1) The owner or operator of a covered facility is required to report as described in paragraph (a) of this section on a toxic chemical that the owner or operator knows is present as a component of a mixture or trade name product which the owner or operator receives from another person, if that chemical is imported, processed, or otherwise used by the owner or operator in excess of an applicable threshold quantity in 372.25 at the facility as part of that mixture or trade name product. (2) The owner or operator knows that a toxic chemical is present as a component of a mixture or trade name product (i) if the owner or operator knows or has been told the chemical identity or Chemical Abstracts Service . Registry Number of the chemical and the identity or Number corresponds to an identity or Number in $ 372.65. or (ii) if the owner or operator has been told by the supplier of the mixture or trade name product that the mixture or trade name product contains a toxic chemical subject to section 313 of the Act or this Part. (3) To determine whether a toxic chemical which is a component of a mixture or trade name product has been imported, processed, or otherwise used in excess of an applicable threshold in 372.25 at the facility, the owner or operator shall consider only the portion of the mixture or trade name product that consists of the toxic chemical and that is imported, processed, or otherwise used at the facility, together with any other amounts of the same toxic chemical that the owner or operator manufactures, imports, processes, or otherwise uses at the facility as follows: (i) If the owner or operator knows the specific chemical identity of the toxic chemical and the specific concentration at which it is present in the mixture or trade name product, the owner or operator shall determine the weight of the chemical imported, processed, or otherwise used as part of the mixture or trade name product at the facility and shall combine that with the weight of the toxic chemical manufactured (including imported) processed, or otherwise used at the facility other than as part of the mixture or trade name product. After combining these amounts, if the owner or operator determines that the toxic chemical was manufactured, processed, or otherwise used in excess of an applicable threshold in $ 372.25. the owner or operator shall report the specific chemical identity and all releases of the toxic chemical on EPA Form R in accordance with the instructions in Subpart E. (ii) If the owner or operator knows the specific chemical identity of the toxic chemical and does not know the specific concentration at which the chemical is present in the mixture or trade name product, but has been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator shall assume that the toxic chemical is present in the mixture or trade name product at the upper bound concentration, shall determine whether the chemical has been manufactured, processed, or otherwise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(i) of this section, and shall report as provided in paragraph (b)(3J(i) of this section. (iii) If the owner or operator knows the specific chemical identity of the toxic chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product. ha9 not been told the upper bound concentration of the chemical in the mixture or trade name product, and has not otherwise developed information on the composition of the chemical in the mixture or trade name product, then the owner or operator is not required to factor that chemical in that mixture or trade name product into threshold and release calculations for that chemicaL (iv) If the owner or operator has been told that a mixture or trade name product contains a toxic chemicaL does not know the specific chemical identity of the chemical anH knows the specific concentration at which it is present in the mixture or trade name product the owner or operator shall determine the weight of the chemical imported processed, or otherwise used as part of the mixture or trade name product at the facility. Since the owner or operator does not know the specific identity of the toxic chemical, the owner or operator shall make the threshold determination only for the weight of the toxic chemical in the mixture or trade name product. If the owner or operator determines that the toxic chemical was imported, processed or otherwise used as part of the mixture or trade name product in excess of an applicable threshold in 9 372.25. the owner or operator shall report the generic chemical name of the toxic chemical, or a trade name if the generic chemical name is not known, and all releases of the toxic chemical on EPA Form R in accordance with the instructions in Subpart E. (v) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical, and does not know the specific concentration at which the chemical is present m the mixture or ABD00291975 4528 Federal Register / Vol. 53, No. 30 / Tuesday, February t6, 198fl / Rules and Regulations trade name product, but has been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator fhall assume that the toxic chemical is present in the mixture or trade name product at the upper bound concentration, shall determine whether the chemical has been Imported processed, or otherwise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(iv) of this section, and shall report as provided in paragraph (b)(3)(iv) of this section. (vi) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product, including information they have themselves developed, and has not been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator is not required to report with respect to that toxic chemical. (c) A covered facility may consist of more than one establishment. The owner or operator of such a facility at which a toxic chemical was manufactured (including imported), processed, or otherwise used in excess of an applicable threshold may submit a separate Form R for each establishment or for each group of establishments within the facility to report the activities involving the toxic chemical at each establishment or group of establishments, provided that activities involving that toxic chemical at all the establishments within the covered facility are reported. If each establishment or group of establishments files separate reports then for all other chemicals subject to reporting at that facility they must also submit separate reports. However, an establishment or group of establishments does not have to submit a report for a chemical that is not manufactured (including Imported), processed, otherwise used, or released at that establishment or group of establishments. (d) Each report under this section for activities involving a toxic chemical that occured during a calendar year at a covered facility must be submitted on or before July 1 of the next year. The first such report for calendar year 1987 activities must be submitted on of before July 1.1988. (e) For reports applicable to activities for calendar years 1987,1988, and 1989 only, the owner or operator of a covered facility may report releases of a specific toxic chemical to an environmental medium, or transfers of wastes containing a specific toxic chemical to un off-site location, of less than 1.000 pounds using the ranges provided in the form and instructions in Subpart E. For reports applicable to activities in calendar year 1990 and beyond, these ranges may not be used. 372.31 Exemptions. (a) De minimis concentrations ofa toxic chemical in a mixture. 4HWQxft applies whether the person received the mixture from another parson or the person produced the mixture, either by mixing the chemicals involved or by causing a chemical reaction which resulted in the creation of the toxic chemical in die mixture. However, this exemption applies only to the quantity of the toxic chemical present in the mixture. If the toxic chemical is also manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the mixture or in a mixture at higher concentrations, in excess of an applicable threshold quantity set forth in 1372.25, the person is required to report under f 372.30. (b) Articles. If a toxic chemical is present in an article at a coveted facility, a person is not required to consider the quantity of the toxic chemical present in such article when determining whether an applicable threshold has been met under f 372.25 or' determining the amount of release to be reported under } 372.30. This exemption applies whether the person received the article from another person or the person produced the article. However, this exemption applies only to the quantity of the toxic chemical present in the article. If the toxic chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity set forth in 372.25. the person is required to report under 372.30. Persons potentially subject to this exemption should carefully review the definitions of "article" and "release" in 5 372.3. If a release of a toxic chemical occurs as a result of the processing or use of an item at the facility, that item does not meet the definition of "article." (c) Uses, if a toxic chemical is used at a covered facility for a purpose described in this paragraph (c), a person is not required to consider the quantity of the toxic chemical used for such purpose when determining whether an applicable threshold has been met under 372.25 or determining the amount of releases to be reported under 9 372.30. However, this exemption only applies to the quantity of the toxic chemical used for the purpose described in this paragraph (c). If the toxic chemical is also manufactured (including imported), processed, or otherwise used at the covered facility other than as described in this paragraph (c). in excess of an applicable threshold quantity set forth in | 372.25, the person is required to report under 37Z30. (1) Use as a structural component of the facility. (2) Use of products for routine janitorial or facility grounds maintenance. Examples include use of janitorial cleaning supplies, fertilizers, and pesticides similar in type or concentration to consumer products. (3) Personal use by employees or other persons at the facility of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary. (4) Use of products containing toxic chemicals for the purpose of maintaining motor vehicles operated by the facility. (5) Use of toxic chemicals present in process water and non-contact cooling water as drawn from the environment or from municipal sources, or toxic chemicals present in air used either as compressed air or as part of combustion. (d) Activities in laboratories. If a toxic chemical is manufactured, processed, or used in a laboratory at a covered facility under the supervision of a technically qualified individual as defined in $ 72Q.3(ee) of this title, a person is not required to consider the quantity so manufactured, processed, or used when determining whether an applicable threshold has been met under { 372.25 or determining the amount of release to be reported under $ 372-30. This exemption does not apply in the following cases: (1) Specialty chemical production. (2) Manufacture, processing, or use of toxic chemicals in pilot plant scale operations. ABD00291976 Federal Register / Vol. 53, No. 30 / Tuesday, February lfl. 1988 / Rules and Regulations 4529 (3) Activities conducted outside the laboratory. (e! Certain owners of leased property. The owner of a covered facility is not subject to reporting under g 372.30 if such owner's only interest in the facility is ownership of the real estate upon which the facility is operated. This exemption applies to owners of facilities such as industrial parks, all or part of which are leased to persons who operate establishments within SIC code 20 through 39 where the owner has no other business interest in the operation of the covered facility. (f) Reporting by certain operators of establishments on leasedproperty such as industrial parks. If two or more persons, who do not have any common corporate or business interest (including common ownership or control], operate separate establishments within a single facility, each such person shall treat the establishments it operates as a facility for purposes of this Part. The determinations in g 372.22 and g 37225 shall be made for those establishments. If any such operator determines that its establishment is a covered facility under 372.22 and that a toxic chemical has been manufactured (including imported), processed, or otherwise used at the establishment in excess of an applicable threshold in g 372.25 for a calendar year, the operator shall submit a report in accordance with g 372.30 for the establishment. For purposes of this paragraph (f). a common corporate or business interest includes ownership, partnership, joint ventures, ownership of a controlling interest in one person by the other, or ownership of a controlling interest in both persons by a third person. Subpart C--Supplier Notification Requirement g 372.45 Notification about toxic chemtcats. (a) Except as provided in paragraphs (c). (d), and (e) of this section and g 372.65. a person who owns or operates a facility or establishment which: (1) Is in Standard Industrial Classification codes 20 through 39 as set forth in paragraph (b) of g 372.22. (2) Manufactures (including imports) or processes a toxic chemical, and (3) Sells or otherwise distributes a mixture or trade name product containing the toxic chemical, to (i) a facility described in g 372.22. or (ii) to a person who in turn may sell or otherwise distributes such mixture or trade name product to a facility described in g 372.22(b). must notify each person to whom the mixture or trade name product is sold or otherwise distributed from the facility or establishment in accordance with paragraph (b) of this section. (b) The notification required in paragraph (a) of this section shall be in writing and shall include: (1) A statement that the mixture or trade name product contains a toxic chemical or chemicals subject to the reporting requirements of section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1966 and 40 CFR Part 372. (2) The name of each toxic chemical, and the associated Chemical Abstracts Service registry number of each chemical if applicable, as set forth in g 372.65. (3) The percent by weight of each toxic chemical in the mixture or trade name product. (c) Notification under this section shall be provided as follows: (1) For a mixture or trade name product containing a toxic chemical listed in g 373.65 with an effective date of January 1.1987, the person shall provide the written notice described in paragraph (b) of this section to each recipient of the mixture or trade name product with at least the first shipment of each mixture or trade name product to each recipient in each calendar year beginning January 1.1989. (2) For a mixture or trade name product containing a toxic chemical listed in g 372.65 with an effective date of January 1.1989 or later, the person shall provide the written notice described in paragraph (b) of this section to each recipient of the mixture or trade name product with at least the first shipment of the mixture or trade name product to each recipient in each calendar year beginning with the applicable effective date. (3) If a person changes a mixture or trade name product for which notification was previously provided under paragraph (b) of this section by adding a toxic chemical. removing.a toxic chemical, or changing the percent by weight of a toxic chemical in the mixture or trade name product, the person shall provide each recipient of the changed mixture or trade name product a revised notification reflecting the change with the first shipment of the changed mixture or trade name product to the recipient. (4) If a person discovers (i) that a mixture or trade name product previosuiy sold or otherwise distributed to another person during the calendar year of the discovery contains one or more toxic chemicals and (ii), that any notification providied to such other persons in that calendar year for the mixture or trade name product either did not properly identify any of the toxic chemicals or did not accurately present the percent by weight of any of the toxic chemicals in the mixture or trade name product, the person shall provide a new notification to the recipient within 30 days of the discovery which contains the information described in paragraph (b) of this section and identifies the prior shipments of the mixture or product in that calendar year to which the new notification applies. (5) If a Material Safety Data Sheet (MSDS) is required to be prepared and distributed for the mixture or trade name product in accordance with 29 CFR 1910.1200. the notification must be attached to or otherwise incorporated into such MSDS. When the notification is attached to the MSDS. the notice must contain clear instructions that the notifications must not be detached from the MSDS and that any copying and redistribution of the MSDS shall include copying and redistribution of the notice attached to copies of the MSDS subsequently redistributed. (d) Notifications are not required in the following instances: (1) If a mixture or trade name product contains no toxic chemical in excess of the applicable de minimis concentration as specified in g 372.38(a). (2) If a mixture or trade name product is one of the following: (i) An "article" as defined In g 372.3 (ii) Foods, drugs, cosmetics, alcoholic beverages, tobacco, or tobacco products packaged for distribution to the general public. (iii) Any consumer product as the term is defined in the Consumer Product Safety Act (15 U.S.C. 1251 else?.) packaged for distribution to the general public. (e) If the person considers the specific identity of a toxic chemical in a mixture or trade name product to be a trade secret under provisions of 29 CFR 1910.1200. the notice shall contain a , generic chemical name that is descriptive of that toxic chemical. (0 If the person considers the specific percent by weight composition of a toxic chemical in the mixture or trade name product to be a trade secret under applicable State law or under the Restatement of Torts section 757. comment b. the notice must contain a statement that the chemical is present at a concentration that does not exceed a specified upper bound concentration value. For example, a mixture contains 12 percent of a toxic chemical. However, the supplier considers the specific concentration of the toxic chemical in ABD00291977 4530 Federal Register / Vo?. 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulatrony the product to be a trade secret. The notice would indicate that the toxic chemical it present in the mixture in a concentration of no more than 15' percent by weight. The upper bound value chosen must be no larger than necessary to adequately protect the trade secret. (g) A person is not subject to the requirements of this section to the extent the person does not know that the facility or establishment(s) is selling or otherwise distributing a toxic chemical to another person in a mixture or trade name product. However, for purposes of this section, a person has such knowledge if the person receives a notice under this section from a supplier of a mixture or trade name product and the person in turn sells or otherwise distributes that mixture or trade name product to another person. (h) If two or more persons, who do not have any common corporate or business interest (including common ownership or control), as described In 5 372.38(f). operate separate establishments within a single facility, each such persons shall treat the establishment^) it operates as a facility for purposes of this section. The determination under paragraph (a) of this section shall be made for those establishments. Subpart O--Specific Toxic Chemical Listings $ 372.65 Chemical* and chemical categories to which this Part applies. The requirements of Otis Part apply to the following chemicals and chemical categories. This section contains three listings. Paragraph (a) of this section is an alphabetical order listing of those chemicals that have an associated Chemical Abstracts Service (CAS) Registry number. Paragraph (b) of this section contains a CAS number order list of the same chemicals listed in paragraph (a) of this section. Paragraph (c) of this section contains the chemical categories for which reporting is required. These chemical categories are listed in alphabetical order and do not have CAS numbers. Each listing identifies the effective date for reporting under 5 372.30. (a) Alphabetical listing. Chenwcel neme i j CAS No. Effective date Acetamide..........................................................-................................................................................................,,................................... 2-Acetytamnofluorene.......................................___...................._................................................................,M................................ Acrotan...............................................__.....,,............................................._................................_..................._............................ Acrylemide......................................................................................................................................................_........................._...... Acrylonitrile...............................-................._.............................._............................................................................................. Akirint 1.4:5,6-Olrwetheroneomneiene.i.2.3.4.io.iO-neecftioro-i,.Aa.5.fl.8neer>y<Xo-<i.*iona.*.<lpna.4>i}ete..S.ipne.J.eipn>.. AByl chloride..........................................................................................................................~...........I..........IT-.......................-......... Aluminum (fume or Oust!____---............................_............................................................................................................................... Aktmnjmoade...................................................................................................................................................... ................ 2-AmtnoenthreQwnone............................................................................................................................................................................ 4-AmnoazQbenzene___--_____--........................................................................................................................................ 4-Ammotiphenvt............................................... ....................................................................... -_____ __ -...... ...... -.............................. I.Ammo-2 me*iyiMWequiwone.,_............................................................................................................................................................. A, WH (aoMian)_____________ ...................................... ................................................... ............ Ammonum suiUte (solution)............................... ........ .................... ....................................... ........... ................. Aniline........................................................... . oAnWdne...... .............................................. p-Ansktrm____ ____ ___ ___ _____ oAmnine hydracNonde..___ ...____ _ Anthracene.________ _____ _____________ Antimony..................................................... . Arsenic.......................................................... Asoto Hriette). fimei - - Benzel CNonde____ ______________ Benzamde......................................... 8enzene...... .............................. ........ SenwJme._____ _________________ Benzoic tncMcnde (Bemamcttonoe). Benzoyl cNonde.......-..... ...... ....... ... Benzoyl peronde......... ...... ................ Benzyl cHuWe----........ .... . BeryWun_________________________ Biphenyl.. 8rs(2-cfiioroetbyQetfter.................. 8r*(cMorome*Tyiieher...... ........... Bis(2<f4orl nmywmySetfter... Bls(2-emyfiesy6Hipele.-------------- Bromoiorm (Tnbromorae&ene*..Bromometnene (Methyl bromide].. i.3.0utedtonr._.................. ....... . Butyl rvButyi zec-Butyt elconoi___ _______________ ____ ______ rerr-Butyt eicota*..... ............................................... Buiyt benzyl pntRMMe..................................... ........ l.2-0utyien# Me............... .... ........................... ButyreUehyde________________ --______ ________ 75-07-0 60-35-6 67-64-1 75-05-6 53-96-3 107-08-6 79-06-1 79-10-7 107-13-1 300-00-2 107-06-1 7429-90-6 13*4-29-1 117-79*3 60-09-3 92-67-1 7763-20-2 62-53-3 90-04-0 104-94-9 134-29-2 120-12-7 7440-36-0 7440-36-2 1332-21-4 7440-39-3 96-67-3 55-21-0 71-43-2 92-67-5 96-07-7 98-66-4 94-36-0 100-44-7 7440-41-7 92-52-4 111-44-4 542-66-1 100-60-1 103-23-1 75-25-2 74-63-9 106-99-0 141-32-2 71-36-3 76-92-2 75-65-0 65-66-7 106-86-7 123-72-6 Ol/Ot/97 01/01/07 0W01/67 01/01/67 oi/ot/e? 0'/0/7 01/01/87 01/01/63 01/01/67 01/01/S7 01/01/67 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 OVOl/87 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/6? 0t/01/f7 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/0T/67 Ot/01/67 01/01/87 01/01/87 01/01/87 ABD00291978 Federal Register / Vol. 53. No. 30 / Tuesday, February 16. 1908 / Rules and Regulations 4531 Chemical name C l. Acid 8lue 9, diammonium salt..................................................................................................................... C.i. Acid Blue 9. disodwm salt........................................................ .................................................................. C.i. AckJ Green 3................................................................................................................................................. C.i. Basic Green 4................................................................................................................................................. C.i. Sasic Red t .................................................................................................................................................. C.I. Direct Black 38............................................................................................................................................... C.I. Direct Blue 6................................................................................................................................................... C.I. Direct Brown 95............................................................................................................................................. C.I. Disperse Yellow 3.......................................................................................................................................... C.I. Food Red 5.................................................................................................................................................... . C.I. Food Red 1S.... .............................................................................................................................................. C.i. Solvent Orange 7.......................................................................................................................................... C.I. Solvent Yellow 3............................................................................................................................................ C.I. Solvent Yettow 14.......................................................................................................................................... C.I. Solvent Yo>ow 34 (Aunmme)...................................................................................................................... C.i. vat Yellow 4................................................................................................................................................... Cadmium............................................................................................................................................................... Calcium cyananude............................................................................................................................................... Captan[iH-isomdoie-l.3(2H)-den6.3a.4.7.7a-tetrahydro-2-(<tncnioromethyl)!hio)-} ................................ Cartaryin-Naphthaienot. methyicartamatel.................................................................................................. . Carton disulfide...................................................................................................................................................... Carbon tetrachloride............................................................................................................................................. Carbonyl sulfide...................................................................................................................................................... Catechol................................................................................................................................................................. Chloramben (Benzoc acid.3-ammo-2,S-dicWoro-J.................-....................................................................... CNordane[4.7-Methanomdan.i,2.4.5.6.7,8,ft-octachloro-2.3.3a.4,7,7a-hexahydro-] ................................ Chlorine................................................................................................................................................................... Chlorine dioxide.................................................................................................................................................... . Chloroacetic acid-.......-.............................. ........................................................................................................ 2-Chloroacetophenone......................................................................................................................................... Chlorobenzene..................................................................................................................................................... . CWorobermlate (Benzeneace&c acid, 4<hloro-.alpna.-(4-.chlorophenyi)- alpha.-hydroxy*, ethyl ester] ChJoroethane (Ethyl chloride)............................................................................................................................. . Chloroform.............................................................................................................................................................. Chloromethane (Methyl chtande)....................................................................................................................... Chlorometbyl methyl ether.................................................................................................................................. Chloroprene.......................................................................................................................................................... ChlorothalonilM.3-Benzenedicartonithle,2.4.5.6'ietrachloro-l...................................................................... Chromium............................................................................................................................................................... Cobalt....'............................................................................................................................................................... Copper.................................................................................................................................................................... p-Cresidine............................................................................................................................................................. Cresol (mixed isomers)........................................................................................................................................ m-Cresol................................................................................................................................................................. o-Cresol.................................................................................................................................................................. p-Cresol.................................................................................................................................................................. Cumene.................................................................................................................................................................. Cumene hydroperoxide....................................................................................................................................... CupferronCBenzeneamme. N-hydroxy-N-mtroso. ammonium salt].............................................................. Cyclohexane........................................................................................................................................................... 2.4- 0 [Acetic acid. (2.4-dicniorophenoxyH}.............................................................................................. Oecabromodiohenyi oxide................................................................................................................................... Diallate [Cartamothioc acid, txsn-methyiethyi)-. S-(2,3-dichloro-2-propenyl) ester]............................. 2.4- Diammoanisoie........................................................................................................................................... 2.4- Qiaminoanisoie sulfate.............................................................................................................................. 4,4'.Diaminodiphenyt ether................................................................................................................................. Diammotoluene'(mixed isomers)........................................................................................................................ 2.4.0iammotoluene.............................................................................................................................................. Diazomethane....................................................................................................................................................... Oibenzoluran......................................................................................................................................................... 1.2- DibromO'3-chloropropane (DBCP)........................................................................................................... 1.2- Dibromoethane (Ethyiene dibromide)...................................................................................................... Dibutyt phthatate.................................................................................................................................................. Dichlorobenzene (mixed isomers)...................................................................................................................... 1.2- Dichlorobenzene......................................................................................................................................... 1.3- 0ichiorobenzene......................................................................................................................................... 1.4- 0ichiorobenzene........................................................................................................................................ 3.3'-Dichlorobenzidine......................................................................................................................................... Oichlorobromomethane....................................................................................................................................... 1.2- Dichloroethane (Ethylene dichloride)...................................................................................................... 1.2- Dichlorethyiene........................................................................................................................................... Dichkxomethane (Methylene chlonde)............................................................................................................. 2.4- Dichlorophenoi........................................................................................................................................... 1.2- Oichloropropane.......................................................................................................................................... 1.3- Dichloropropylene....................................................................................................................................... Ochlorvos [Phosphoric aod. 2.2-dichloroethenyt dimethyl ester).............................................................. Dicofol (Benzenemethanoi.4-chiorO`.aipha.'(4-chlorophenyi)-.alpna.-(thchloromethyf)-]........................ Diepoxybutane.................................................................................................................................................... . Oieihandarmne.................................................................................................................................................... . Di.(2-ethyihe*yt)phthalate (OEHP)..................................................................................................................... Diethyl phthatate................................................................................................................................................. . CAS No. Effective date 2650-18-2 3844-45-9 1 4680-78-8 ' 569-64-2 I 989-38-8 : 1937-37-7 ' 2602-46-2 i 1607!-86-6 2832-40-8 | 3761-53-3 ' 81-88-9 ' 3118-97-6 97-56-3 642-07-9 492-60-8 128-66-5 7440-43-9 i 156-62-7 ; 133-06-2 63-25-2 75-15-0 56-23-5 463-58-1 120-80-9 133-90-4 57-74-9 7782-50-5 10049-04-4 79-11-6 532-27-4 106-90-7 510-15-6 75-00-3 67-66-3 74-87-3 107-30-2 126-99-8 1697-45-6 7440-47-3 7440-46-4 7440-50-8 120-71-8 1319-77-3 108-39-4 95-48-7 106-44-5 98-82-8 80-15-9 135-20-6 110-82-7 94-75-7 1163-19-5 2303-18-4 615-05-4 39156-41-7 101-60-4 25376-45-6 95-60-7 334-86-3 132-64-9 96-12-6 106-93-4 84-74-2 25321-22-6 95-50-1 541-73-1 106-48-7 91-94-1 75-27-4 107-06-2 540-59-0 75-09-2 120-63-2 78-87-5 542-75-6 62-73-7 115-32-2 1464-53-5 111-42-2 177-61-7 84-66-2 01/01/87 01/01/67 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/97 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87! 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/0VB7 01/01/07 01/01/87 01/01/87 ABD00291979 4532 Federal Register / Vo). 53. No. 30 l Tuesday. February 16. 1988 / Rules and Regulations Chemical name 0*ethyi surtate..................................... ......................................................................................................................... 3.3 -Ornietnoxybenzidine.... ....................................................................................................... ...................................... 4- Qimethyteminoazeoenzene........................................................................ ............................................................................... 3.3 Oimethy'benztdine to-Tot'dine) ......................................................................... ..................................... ..................... Dimethylcartamyi chlonde...................................................................................................................................................... i t-Ointeinyl hydrazine......................... 2.4- Oimetnvipnenol......... .......................................................................................... ..................... Qimecnyi phthalate............ ........... Dimethyl sulfate...... ......._..... .. ............................................... ................................................. ............................................................................................. ............ 4 6-CifWo-o-cresoi.................................... ............... ....................... ............................. 2.4.0mropnenol.... .................................... ............................................................................................. 2.4- Oinuroioiuene...................._.......... ................................................ ........................ .............................................. 2.6-Omiroietuene.......... _.......... ................................ ......................................... ................................................................................ n-Ooctyt phthataie.......... .................................... .............. .................................. .............................................................................. . M-Oioxane................ ........................................................................................................................................ ................... V2-Dhenyihy3f2ifle tHydrazobenzene)....................................................... ............................................... ............................... p*hlorohyOnn .............. ....................................................................................................................................................................... 2-Cthoxye'hanoi .... ........................ ............................................ ..... .................... ................................... ............................. Ethyl acrylate ............ . ............. ............................ ............................ ............................... ............................ .................. Ethylbenzene ........ ................................................................................... ................................................................................ ........... Ethyl cMoofcrrrate_...................................................................................................... .................. ,,..................... ............................ Ethylene .................................................. ....................................... ....................... Ethylene glycol....... ................. ................................ ..................................................... ...................................................................... EthylenawwnelAzxidwe* -........ ......................................................... -..............................-........................................ .......................... Ethylene oexte..... ............................................ ...................................... ................................ _............................. ........................ Ethylene tfeoure*.._.... .......................................... ............. ..................................................................... ....................................... Fluometwon (Urea. N>6dimethyt.N [3-ttnliuoromethyi)phenyil-].................... ....................................................................... Formaldehyde...... ................. ........................................ .......................................................................................... ........................... Freon 113 (Ethane, 1.1.2-tnchiOfO-t.2,2tnfluofo-J............. ..................................................................................................... Heptacrtforf i .4,5.67J.8-Heptachlofo-3a.4,7,7a-tetrariydfO-4,7-meinano-t H-mdene 1............ ................................................... He&achmobenzwte.......... ............................................................................................................... ............................. ...................... He inrhlmn t 1 hntaimna.......................................................... ................................. ............................ ............... ............................ Heachlorocycieoen*<iene.............................................................. ..............................-................. ...................................__......... He*achtoroethane._.... ............................................................................ ............................................................................................ HexacWororaphthaiere....................................................... ............................................................... ................................................ Hexamethytphospnpfamme........................................................ .......................................................................................................... Hydrazine -....... ...................................................................................................................................................................... ............... Hydrazine sulfate................. ............................................ ............... ............................... ................................ .................................... Hydrochtoec aod................. .............................. .............................. ................................................................................................. Hydrogen cyanJe........... ....................................... ............................................................................... ................... .............. Hydrogen fcjomJe...................... .............................................................................. ................................................................... Hyoroqutnone...... .................................................................................................................................... .................. ................ isoOutytaldehyde....... ............................................................................................ .................................................................. isoprcpt* alcohol (Only persons who manufacture by the strong acid process are subject- no supplier notifiction.) . 4 41 isocropyiKJenecspneeoi.............................................................................................................................. ......................... Load.... ...... .............................................................................................. ...................................................................... ............. Lmdane [Cyclohexane. >.2.3.4,5.6-hexacnioro-{l alpha.,2 alpha..3 Beta ,4 alpha..5 alpha..6.beia.|-1 ......... .................... Maiee anhydnde..... ........ ............. .............................. ..................................... ............................................. .................... ...... Mane (Cartamoaahtfac acid, 1.2-etnapediY'b'S-. manganese compiexl........ .................... .................. ............................... Manganese . . ............................... ............................................... ................. ...................,,................................................ Mefanan*.--...... .................................................. .......................... .................. ........................................................................... Methanol............................................... ............................................................ .................................................................................... Methoxycntor (Benzene. i.i -i2.2.2-iricnto'oethyhdene)b<sl4-metroxy-}........ _..... ............................................................... 2Met&cncyetnanot--...... ......................................................................... ............... ...................... ................................................... Methyl acrylate....... ............................................................................ ................... ............................................................................. Meihyi le/Kwtyt ether............................ .......................................................................................... ....................................... 4 4 -Me4hyleneos|2-ch!oro anitinei (MSOCA)................................................................ ................................................................ 4 4 -MettiyienetrstAtAAdMiethyi) benzenarnme.... -.......-...................... -.............. .....................,,...._.........................'.............. Methyienetts(phenyiieocyenate) (M3i).................................................................................. .............................. ............................ Methylene bromuje..... ......................................................................... .......... ........................ ......................................................... 4.4'-Methywneoianene.... ........................................................ ................................................................................... ...................... Methyl ethyl ketone......... .................... ........................................... .................................................................................................. Methyl hydrazine..... ............... ................................................................................ ..............................__..... ..................................... Methyl iodide........ ................................................................................................................................................................................. Methyl eocutyi ketone...... ................................................................................................................... ................................................ Methyl isocyanate-............. ................................ ....... ..................................... ................................................................................. Methyl methacrylate......... .................................................................................................................................................................... M<hier' ketone.............. ................................................................................................. ................................................................. Molybdenum tneede............ ..................................................................... ................................ ..................... ................................... Mustard gas (Ethane. i.v-th>otns(2-chioro-l.................... ............................................................ ............................................... Naphthalene .................. ................................................................................................... ...................................... ........................... a-p/ta-NnpMhyiarame........ ...........................................................................................................-........................................................ oera-Naphaytameie........ .................................................................................................................................................................... Nickel................................................................................................................................................ ........................................................ Nitnc acid.......... .......................................................................................................................... ................... .................................... Nitntottecetic acid............. ............................................................................... ..................................................... ........................... . 5- Mro-o-anartne............ .................... ........................................................................................................................ ..................... Nitrobenzene................................................. ........................................................................ ............... ................................................ 4-NrtrobipMnyl................ ............................................................................................................................................... ....................... Nitrolen (Serene, 2.4-acnioro-M4.mtrophenoxyM ...... ........................................................................... ............................... 64-67-5 119.90.4 : 60-t1-7 119-93-7 79-44-7 ' 57-14-7 105-67-9 t3t-tt-3 77-78-1 i 534-52-> 51-28-5 121-14-2 i 606-20-2 i H7-64-0 i 123-91-1 1 122-66-7 106-69-6 ; 110-60-6 l 1*0-86-5 1 100-41-4 1 $41-41-3 i 74-85-1 107-21-1 f lSl-56-4 , 75-21-8 < 96-45-7 1 2164-17-2 50-00-0 : 76-13-1 i 75-44-8 1 M6-74-1 87-66-3 77-47-4 67-72-1 1335-87- f 660-31-9 > 302-01-2 1 10034-93-2 : 7647-01-0 , 74-90-4 , 7664-39-0 | 123-31-9 . 76-64-2 i 67-63-0 ; 00-05-7 1 7439-92-1 ' 50-89-9 : 106-31-6 i *2427-36-2 1 7439-96-5 108-78-1 i 7439-97-6 67-56-1 72-43-5 i 109-86-4 96-33-3 i 1634-04-4 1 101-14-4 ( 101-1-1 . 101-60-0 74-95-3 i 101-77-9 i 78-93-3 ' 60-34-4 t 74-86-4 i 108-10-1 i 624-03-9 | 80-62-6 1 90-94-6 ; 1313-27-5 | 505-60-2 * 91-20-3 i 134-32-7 | 91-59-6 I 7440-02-0 f 7697-37-2 | 139-13-9 I 99-59-2 i 98-95-3 > 92-93-3 f 1836-75-5 l OVOi/07 Oi /O1/07 01/01/-I67 01/01/87 01/01/87 01/01/87 Ol/Qi'87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/67 01/01/87 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/07 01/01/07 01/01/07 01/01/07 01/01/07 01-01/07 01.0V87 01/01/87 01/01/87 OVOI/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01'01/87 01/01/87 Qt/01/87 01/01/87 01/01/07 01/01 97 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 0T/0T/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/S7 01/01/87 01/01/87 01/01/87 ABD00291980 Federal Rggwter / Voi. 53. No. 30 / Tuesday, February 18, 1988 / Rules and Regulations 4533 Chennai name CAS NO. i *2" 1 Nitrogen mustard [2-CNOro-N-l2.cWoroetnyl).N-meuiyie(haramineJ......................................................................... j i 51-75-2 j- 01/01/87 Nrtrogiycsrn.............................. j 55-63-0 | 01/01/87 88-75-5 01/01/87 4-N*Boofteoo........................................................... j t00-02-7 01/01/87 2-Nrtroprooane.................................... I 79-46-9 j 01/01/87 P-Nttrosodiphenylarntne............ ......................................................................................................................................................................................... 156-10-5 j 01/01/87 /V,/V-Dimethyian*line..... .......................................................................................................................................................................................................I 121-60-7 01/01/87 TV-Nitrosoai'n-Outytarntne............................................................................................................................................................. ' 924-16-3 ! 01/01/87 N-Nitrosodieffiylanvne......................................................................................................................................................................................................... 55-18-5 , 01/01/67 /V-Nitrosooirrethytamtne .................................................................................................................................................................................................... 62-75-9 j 01/01/87 N-Nitrosodiphenytamme -....................................................................................................................................................._................... ..................__,,j 86-30-6 ; 01/01/87 Ar-Nitrosodi-r>-propy4amine....................................................................................................................................................................... ........................... 621-64-7 j 01/01/87 iV-NrtrosomethytvinylamKie............................................................................. ' 4549-40-0 01/01/67 N-Nitrosomorphoime................................................................. A'-Nitfoso-A'-ethyiyrea.............................................. A'-Nitfoso-iV-methyiurea.............................................. ..................................................................................................... ......................... 1 ! 59-89-2 ` 759-73-9 , 684-93-5 1 01/01/87 01/01/87 01/01/87 //-Nitrosonornicotine...................................................... ................. ....................................................................................................................... 16543-55-6 | 01/01/87 A/-Nitrosociper`djne ............................................................................................................................................................................................................. 100-7S-4 ' 01101/87 OctacNorpnaphthaiene................................................. j 2234-13-1 . 01/01/07 CsmHjm tetroxide................................................................................................................................................ ,,........ ..................................................| 206i6-<2-0 01/01/07 Parathion (Phospnorothio>c acid. O.OM3iethyi-0-(4-nitropnenyi) ester]....... .............................................................................................................. 56-36-2 01/01/07 Pentacntorophenot )PCP>................................................................................................ _.... ........................................................................................... 87-86-5 01/01/87 Peracetic ac>d........................................................................................................................... ........................................................................................... 79-21-0 01/01/87 Phenol................................................................................................................................ .................................................. ............................................... 108-95-2 ` 01/01/87 p-Phenyiener*amine............................................................................................................................................................................................................ 106-50-3 1 01/01/87 2-Phenylphenol.................................................................................................................................................................................................................... 90-43-7 ' 01/01/87 Phosgerw....................................................................................... ...................................................................................................................................... 75-44-5 01/01/87 Phospnonc acid................................................................................................. ................................................................................................................. 7664-38-2 01/01/87 / Phospnorus (yellow or white)......................... 7723-14-0 01/01/87 1 Phihaitc anhydride............................................................................................................................................................................................................... 85-44-9 01/01/87 1 7 1 Picnc acid............................................................................................................................................................................................................................. Polychlorinated biphenyls (PCSs)..................................................................................................................................................................................... Propane suttone........................ .............................. .......................................................................................................................................................... 88-89-1 1336-36-3 1120-71-4 01/01/07 01/01/87 01/01/07 7 Peia-Propioiactone......................................................................................................................................................................................................... ..... ;r-57-6 01/01/87 7 Ptopionaldehyde...................... ............................................................................................................................................................................................ *23-38-6 01/01/87 7 Propoxur {Phenol. 2-(i-methyiethoxyh metnyicartamate]........................................................................................................................................ 114-26-1 01/01/87 7 Propylene (Propane)........................................................................................................................................................................................................... 115-07-1 01/01/87 Propyienetmine ...................................................... ........................................................................................................................................................... 75-55-6 01/01/87 7 Propylene oxide.................................................. .................................................................................................... ................................................ 75-56-6 01/01/87 7 Pyridine......... .................................... ...................................................................................................................... ............................................... 110-86-1 01/01/07 7 Oumohne........................................... ...................... ............................................................................................................................................................. 91-22-5 01/01/87 7 Qutoone................................................................................................................................................................................................................................. 106-51-4 01/01/87 7 Ouwiozene iPentaci'ioronrtroDenzene)........................................................................................................................................................................... 62-68-6 01/01/87 7 Saccnarw (only persons wno manulaoure are suOject. no suootier notification) (i 2-&enzisothiazoi-3(2P; :ne.i,i-dioxide)............... ........ 81-07-2 01/01/87 7 S3troie................................................................................................................................................................................................................................ 94-69-7 01/01/87 Selenium........................................................................................................................................................................................................................... ... 7782-49-2 01/01/87 7 Silver.......................................................................... ............................................................................................................... ........................................... 7440-22-4 01/01/87 7 Sodium hydroxide isolation)....... .................................................................................................................................................................................. . 1310-73-2 01/01/87 7 Sodium eufiate (solution)..................................................................................................................................................................................................... 7757-82-6 01/01/87 7 Styrene........................................................... .................................................................................................................................................................... 100-42-5 01/01/87 7 Styrene oxide........................................................................................................................................................................................................................ 96-09-3 01/01/87 7 Sulfuric aod................................ .................................................................................................................................................................................. ....... 7664-93-9 01/01/87 7 Terepftmalic acid..................................................................................................................................................... ............................................. ............ 100-21-0 01/01/87 7 t. 1.2.2-Tetracnioroethane.................................................................................................................................................................................................. 79-34-5 01/01/87 7 1 Tetracnioroethyiene (Perchioroetnyiene)..... ................................................................................................................................................................... Tetrachlorvinohos (Phosphonc aod, 2-cftlor-142.4.5-tneNoropheny))eihenYi dimethyl ester]................. ........................................ ................ 127-18-4 961-11-5 01/01/67 01/01/67 7 Thaihum.................... _............................................................................................................................................................................................ ........... 7440-28-0 01/01/87 7 Ttnoacetaimde.............. .... 62-55-5 01/01/87 7 4.4- TNodaniiine.... ..............................................-........................................................................................................................................................ 139-65-1 01/01/87 7 Thiourea ...................................................... ....................................................................................................................................................................... 62-55-6 01/01/07 Thorxjm dioxide........................................ ........................................................................................................................................................................... 1314-20-1 01/01/87 7 Titanium dioxide.... .............................................................................................................. 13463-67-7 01/01/87 7 Titanium tetrachloride........................................................................... ............................................................................................................................. 7550-45-0 01/01/87 7 Toluene..,................ ......................... ................................. ................................................................................................................................................. i 106-88-3 01/01/87 7 Toluene-2,4-ditsocyanate................... .................................. ...................... ....................................................................................................................... 564-64-9 01/01/87 7 Tokwne-2.6-dsocyanate.... .............................................................................................................................................................................................. 91-08-7 01/01/87 7 o-Toludine........................................................................................................................................................................................................................... 95-53-4 01/01/87 7 1 o-Totudme hydrochlor.de................................................................................................................................................................................................... Toxaphene.... .............................................................. ..................................................................................................................................................... 636-21-5 6001-35-2 01/01/07 01/01/87 7 Tnazuuone (2^-Cyctohexadiene-V4.dione,2.3.5-irisli-aziridinyl)-}..... ...................................................................................................................... 68-78-8 01/01/87 7 Tnchfciflon IPhosphtmc acid. (2.2.2-ttichKxo-1-hydro*yetnyi>-. dimethyl ester)............................................................................................ ......... t^.x-TnctSofoOenzene............................-.............................. ......................................................................................................................................... 52-68-8 120-82-1 01/01/87 01/01/87 7 i.l.l-Tocntoroetnane (Methyl chloroform)................................................................................................... 71-55-6 01/01/87 -- 7 i.i^-Tncflfcyoethaoe.... .........._........................................................................................................................................................................................ 79-00-5 0WO1/87 7 1 TncNoroeffiytene...... ................................................ ......................................................................................................................................................... 2.4.5- TncWoropneno)..... -................. ...........................................................................................................................................................................- 79-01-6 95-95-4 01/01/07 01/01/87 7 2.4.6- Tncntorophenoi..................... -.................. -.................................................................................................................................................... -- 88-08-2 01/01/87 7 Triflurgjm (Bertzenea/nne.2.6-dinato.N,ftdipropyJ*4-<tr <iuorpmeihyf)-i} ................................................................. .............................................. 1582-09-8 01/01/07 7 1.2.4- Tnmethylbenzene................. ..................................................................................................................................... -....................... -......-...... 95-63-6 01/01/07 7 T Tns<2.3-dibromopropy<)phoaohflte.._..... ........................................................................................................................................................-.............. Urethane (Ethyl carbamate)......... .......................................... .................................................................................................................... .......... 126-72-7 51-79-6 01/01/87 01/01/87 * ABD00291981 4534 Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulations Chemical name 1 Vanadium (luma or dust)................................................................... Vmyt acatata....................................................................................... Vinyl bromide...................................................................................... Vinyl chloride.......... .......................................................................... Wnylidana chloride............................................................................. Xylan# (mixed isomers).................................................................... m-Xylene............................................................................................. oXylene.............................................................................................. p-Xytene.............................................................................................. 2.6-XySdine.......................................................................................... Zinc (fuma or dust)............................................................................ Zineb (Carbamodithioic aod. i,2-ethanediylbis>. zinc complex) CAS NO. 7440-62-2 '08*05-4 593-60-2 75-01-4 7S-3S-4 1330-20-7 108-38-3 95-47-6 106-42-3 87-62-7 7440-66-6 12122-67-7 Effective data 0V01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 (b) CAS Number listing. CAS No. Chemical name 50-00-0 51-28-5 51-75-2 51-79-6 52-66-6 53-96-3 55-18-5 55-21-0 55-63-0 56-23-6 56-38-2 57-14-7 57-57-6 57-74-9 56-89-9 59-89-2 60-09-3 60-11-7 60-34-4 60-35-5 62-53-3 62-55-5 62-56-6 62-73-7 62-75-9 63-25-2 64-67-5 67-56-1 67-63-0 67-64-1 67-66-3 67-72-1 68-78-8 71-36-3 71-43-2 71-55-6 72-43-5 74-63-9 74-65-1 74-67-3 74-68-4 74-90-6 74-95-3 75-00-3 75-01-4 75-05-6 75-07-0 75-09-2 75-15-0 75-21-8 75-25-2 75-27-4 75-35-4 75-44-5 75-55-6 75-56-9 75-65-0 77-13-1 76-44-6 77-47-4 Formaldehyde.................................................................................................................................................... 2.4-Omrtroonanoi............................................................................................................................................... Nitrogen mustard (2-CNoro-N-(2<hloroethyi)-N-methyiethanamine}..................................................... Urethane (Ethyl carbamate)........................................................................... ................................................. Trichlorfon [Phosphoric add, (2.2.2-trichloro-1 -hydroxyethytl-dimethyt aster)..................................... 2-Acetytaminofluorena..................................................................................................................................... AANitroaodiethytamne...................................................................................................................................... Benzamde......................................................................................................................................................... Nitroglycerin....................................................................................................................................................... Carbon tetrachloride......................................................................................................................................... Ptrathion [Phospnorothioic acid. 0,(Wiethyl-0-(4.nitrophenyl)ester)...................................................... 1,1-Dimethyl hydrazina.................................................................................................................................... Pett-Propioiactone....................................................................................... ..................... . Chlordana [4,7-Methanoindan. 1,2.4,5.8.7,8,8-octaenioro-2,3.3a,4,7.7a-hxahydro-).......................... Lindane [Cyclohexane, i5.3,4,5.6-hexacnioro-(i.aicha..2.aipha..3 beta.,4.alpha..5.alpha.,6.beta.H iV-Nitrosomorpnoiina......................................................................................................................................... 4>Ammoazobenzene......................................................................................................................................... a-Oimethyiaminoazobenzene........................................................................................................................................................................ Methyl hydrazina............................................................................................................................................................................................. Acetanude........................................................................................................................................................................................................ Andine............................................................................................................................................................................................................... TNoacetamida................................................................................................................................................................................................. Thiouraa........................................................................................................................................................................................................... Oichlorvoe [Phosphoric acid. 2.2-dichloroathanyl dimethyl aster]......................................................................................................... AM<ti1/oaodimethyiamina................................................................................................................................................................................ Carbary) (t-Naptithalenoi. meihytcarbAmatt)........................................................................................................................................... Diathyl sulfate................................................................................................................................................................................................. Methanol......................................................................................................................................................................................................... Isopropyl alcohol (only persons who manufacture by the strong acid process are subject supplier notification not required.) Acetone.............................................................. ............. ................................................................................................................................ Chloroform...................................................................................................................................................................................................... . Hexachioroethane.......................................................................................................................................................................................... . Tnaziquone (2.5-Cyclohexadiene-t.4-dione.2.3,5-tris(l-aBndinylH...................................................................................................... o-Bufyl alcohol........................................... .................................................................................................................................................... 8anzana........................................................................................................................................................................................................... 1.1.1-Thchtoroethane (Methyl chloroform)................................................................................................................................................. MethoxycMor [Benzene. i.r-(2.2.2.-ncfXoroethylidena)bis [4-metnoxy-l......................................................................................... Bromomethane (Methyl bromide)................................................................................................................................................................ Ethylene.......................................................................................................................................................................................................... CMoromethane (Methyl chloride)................................................................................................................................................................ Methyl iodide.................................................................................................................................................................................................. . Hydrogen cyanide.......................................................................................................................................................................................... Methylene bromide............................... ....................................................................................................................................................... Chioroethane (Ethyl chloride)...................................................................................................................................................................... Vinyl chloride................................................................................................................................................................................................... Acetonitrile...................................................................................................................................................................................................... . Acetaldehyde................................................................................................................................................................................................. Dichloromethane (Methylene chlonde)....................................................................................................................................................... Carbon disulfide.............................................................................................................................................................................................. Ethylene oxide................................................................................................................................................................................................ Bromoform (Thbromomethene)................................................................................................................................................................... . OtaNorobromomethane................................................................................................................................................................................. Vmytidane chionda........................................................................................................................................................................................ Phosgene........................................................................................................................................................................................................ Propytaneimina.............................................. ..................... _......................................................................................................................... Propyiena oxida.............................................................................................................................................................................................. /err-Butyi alconoi............................................................................................................................................................................................ Fraon 1t3 (Ethane, 1,1,2-tnchloro-1.2.2-tnfluoro-)................................................................................................................................. HeptacMor [l,4.5.6.7,8,8-HeptacMofO'3a.4,7,7a-tetrahydro-4.7-metharK>-lH-indene)...................................................................... Hexacworocydopantadiena......................................................................................................................................................................... Effective date 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 OVOI/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 ABD00291982 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations H 4535 CAS No. Cnemol name Elective Rate 37 - 77-78 t I DtfnetMi) suitate....... 01/01/07 37 78-84-2 leobutyrawenyde..... 01/01/67 37 78-67-5 1 12-OKniotopropane. 01/01/07 37 78-92-2 I MC-Sutyl alcohol..... 01/01/87 37 78-93-3 . Metnyl ethyl ketone................................................................................................................................................................................ ......................._.j Cl/01/87 37 78- 0C-5 1.1.2-T/icnioroethane....... ...................................................................................................................................... .................................................. Ot/Ot/87 37 79- 01-6 Trichloroethylene........................................................................................................................................................................................................... 01/01/07 37 79-06-1 i Acrylamide ...................................................................................... ..................................................................................... .......... ................................... \ 01/01/07 37 79-10-7 ; Acrylic aod.................................................................................................. .........................................................._............................ ......... ...................... 01/01/87 37 79-11-8 . Cftoroacenc aod............................................................. ....................................................................................................... ...................................... 01/01/07 37 79-21 -0 Peracetic aod....................................................................................................................................................................................................................., 01/01/87 37 79-34-5 i 1.1.2.2-retracnoroemane................................................................................................................................................................................................ 01.01/87 79-44-7 ! Ounethyicaroemyl cNoride................................................................................................................................................................. ........................ 01.01/87 79- 46-9 ! 2-Nopropane............................................................................................................................................................................................................., 01/01/87 80- 05-7 , 4.4-isupropyedaneOpncnoi ..................... ..............................................................................................., OWO1/07 80-15-9 i Cumene hydroperond*.................................... ................................................................................................................................................................. J 01/01/87 80- 62-6 i Methyl metnacryiaie..................................................................... ................................................................................................................... ...........j 01/01/87 81- 07-2 i Saccherm (on*y persons who manufacture are suOiect. no supplier notification) [ t.2-8dnzisothtazoi-3(2H)-one. I.' -donxJe 1 .......... j 01/01/87 0t-88-9 C.l. Pood Red 15.............................................................................................................................................................................................. ................ j 01/01/87 02-23-0 l-Ammo-2-methyianthraau*'one...................................................... ...................................................................... .................................... _...................[ 01/01/87 82- 68-6 i Qumtotene (Pentachloronuroeenzenel.................................................................................................................................................... .............. C12 17 84- 66-2 0>e(hyt phthelate............................................................................................................................................................................................................ 01/01/87 *7 04-74-2 1 CHDutyi phthatete.......................................................... .................................................................................................................................................. .[ 01/01/87 17 85- 44-9 Pnihahc anhydride................................................ ........................................................................................................................................... .............* 01/01/07 17 85- 68-7 , Butyl oenzyl pnthalate.................................................................................................................................................................................................. j Oi/Ot/07 i7 86- 30-6 i Ar-Nrtrosodiphenylamine....... ...................................................................................................................................................................................... 01/01/07 17 87- 62-7 ! 2.$-XyMne...................................................................................................................................................................................................................... 01/01/87 17 87-68-3 He*acNoro-i.3-Outadiene....... ......................... ................................................................................................................................................................ 01/01/87 17 87- 86-5 . Pentachloropnenol |PCP)....................................................................................................................................... ...... .............................................. 01/01/67 17 88- 06-2 > 2.4.6-Tncworophenol................................................................................................................... ..................................... ........................................... 01/01/87 17 88-75-5 . 2-Nitropheno*...................................................................................................... _................................ ...................... ...................................................... 01/01/87 17 88-89-1 Picnc aod.......... ........................................................................................................................................................................... ..................................... 01/01/67 |7 90-04-0 ' o-Arvsjdme....................................................... ........................................................................................ ...................................... .................................. 01/01/87 17 90-43-7 . 2-Phenyk>nenol........................................................................................................................................ ................................. .....................................- 01/01/87 17 90- 94-8 Mchier's keione............................................................................................................................................................................. .............................. 01/01/87 7 91- 08-7 : Toiuene-2,SOxeocyenate......................................................................................................................................... ........ .......................................... 01/01/87 91-20-3 i Naphthalene........................................ ............................................................................................................... ............................................... .............. 01/01/87 7 91-22-5 . Ownofane............................................................................................................................................................................................... ............................... 01/01/87 7 91-59-8 i oeie-Napntnviamme................................................................................................................... ................................................... .......................... 01/01/07 .7 91- 94-1 i 3 3-Oichtorooenjidine............................................................................... ................................................................................... ............................... 01/01/87 7 92- 52-4 . Biphenyl.......................................................................................................................................................................... ............................... ............... 01/01/87 7 92-67-1 . 4-AminoOiphenyl................................................................................................................................................................................................................. 01/01/87 7 92-67-5 . Benzwme.................................................................................................................................................................................................. ............................ 01/01/07 7 92-93-3 4Jyit/oo<oneny4.................................................................................................................................................................................................................... 01/01/87 7 94-36-0 Benzoyl peroxide................................................................................................................................................. .............................................................. 01/01/67 7 94-59-7 - Salrole........................................................................................................................................................................................................................._..... 01/01/87 7 94- 75-7 i 2.4-0 [Acetic aod. |2.4-dienocopheno<Y)-}............................................................................................................................................................... 01/01/87 7 95- 47-6 i o-Xylene........................................................................................................................................................................................................................... 01/01/07 7 95-48-7 i oCreaol................................................................................................................................................................................................................................. 01/01/87 7 95-SO-i < 1.2-OtcNoroPenzene................................................ ......................................... ................................................................................._............................. 01/01/87 7 95-53-4 o-TokMkne..................................................................................................................................................................................... ...................................... 01/01/87 7 95-63-6 \ 1.2.4-Tnmethytbemone....................................................................................................................................-........... .-..... -..........-___ _____________ 01/01/87 7 95-80-7 \ 2.4.0iafninoto*uene............................................................................................................................................................................................................ 01/01/87 7 95- 95-4 i 2.4.5-TncNorophenol......................................................................................................................................................................-- _________ ___ 01/01/87 7 96- 09-3 i Styrene oxide...........................................................................................................................................................................................- ________ 01/01/07 7 7 96-12-6 | 1 2-0romo-3-chloropropane (06CP).........................................................................................................................-.................................. ............... 96-33-3 . Methyl acrylate............ .......................................................................................................................................................................... ........................... 01/01/87 01/01/87 7 96- 45-7 i Etnytene thiourea........................................................................................................*................................................................................................- 01/01/87 97- 56-3 i C.l. Solvent YeHow 3................................................................................................................................................................................................... 01/01/07 98-07-7 Benzoic tncruonoe |Bnzotnchionde).............. 01/01/87 98-82-6 ; Cumene................................................................ / 01/01/87 01/01/87 7 01/01/87 7 98-35-3 I Nitrobenzene....................................................... 7 99-59-2 i S4*tro-o arveidine............................................... 7 100-02-7 j 4-Nitropnenoi....................................................... ; 100-21-0 1 Terepnmekc acid................................................. 01/01/87 01/01/87 01/01/87 01/01/07 7 100-41-4 i Ethyfeenzene....................................................... 01/01/87 7 100-42-5 i Styrene.................................................................. t 100-44-7 . Benzyl cnionde..................................................... r 100-75--4 i AU9*troeopendtne............................................. 101-M-4 | 4.4' MetHy*enepisi2<h*oroantine) (MBOCA)... 9 101-61-t I 4,4' Methy*enapiS4/v.AA>n>etnyi)penzeharhir)e. * 101-68-8 i MemytenePiXphanyesoCyanate) (M01)............ t 101-77-9 4.4'-Methy*enedw*ne....................................... 01/01/07 01/01/87 01/01/8? 01/01/87 01/01/87 01/01/87 01/01/07 t 101-80-4 , 4.4--frammoophenyt ether................................ 103-23-1 * Biw2-eiT*hhe*y*> adipai.................................... 104-94-9 i p-Ameidie............................................................ 01/01/07 01/01/07 01/01/07 105-67-9 | 2.4-Owielhyipnenol..................................... -..... 106-42-3 l p*Xytene............................................................... 106-44-5 - fvCreso*................................................................................................. 01/01/07 01/01/07 01/01/87 ABD00291983 4536 Federal Register / Vol. 53. No. 30 / Tuesday, February 16, 1988 / Rules and Regulations CAS No. Chemical name 106-46-7 106-50-3 106-51-4 106-66-7 106-69-6 106-93-4 106-99-0 107-02-6 107-0$-i 107-06-2 107-13-1 107-21-1 107-30-2 106-05-4 106-10-1 106-31-6 106-36-3 106-39-4 106-60-1 106-76-1 106-68-3 106-90-7 106-96-2 109-66-4 110-60-5 110-62-7 110-86-1 111-42-2 111-44-4 114-26-1 115-07-1 115-32-2 117-79-3 117-61-7 117-64-0 116-74-1 119-90-4 119-93-7 120-12-7 120-71-6 120-60-9 120-62-1 120-63-2 121-14-2 121-69-7 122-66-7 123-31-9 123-36-6 123-72-6 123-91-1 126-72-7 126-99-6 127-16-4 126-66-5 131-11-3 132-64-9 133-06-2 133-90-4 134-29-2 134-32-7 135-20-6 139-13-9 139-65-1 140-66-5 141-32-2 151-56-4 156-10-5 156-62-7 302-01-2 309-00-2 334-66-3 463-59-1 492-60-6 505-60-2 510-15-6 532-27-4 534-52-1 540-59-0 541-41-3 541-73-1 i ,4-OichiofObenzene. p-Phenyiened*amine... Outnone........... ........... 1.2-Butylene oxide...................................... Eptcftkxonydnn............................................ 1.2-Oibromoethane (Ethylene dibrormde).. 1.3-Buta4ene.......... ............... ...................... Acrolein.............. ......................Ally! chlonde................................................ 1.2-Oicntoroethane (Ethylene d*chk>nde>. Acrylonitrile. Ethylene glycol.................... CMoromethyl methyl ether. Vinyl ecetate......................... Methyl ieobutyt ketone Melee annydnde......... m-Xyiene........................ m-Creeot. Batf-cMoro-1 -methylethyUether.. Melemme........................................ Toluene........................................... Chlorobenzene.............................. Phenol............................................. 2-Methoxyethanol......................... 2-Ethoxyethanoi............................. Cyclohexane. Pyndme........................................................................................................................................... Oiethanotenene............................................................................................................................. Bia(2-chloroethyi) ether................................................................................................................ Propon* (Phenol, 2-(1-methyietho<yK methytcarbamaie).................................................. Propylene (Propane)....................................... --........................................................................ Ocofol [Benzenemethanol. 4-cMoro-.alphe.-(4<hloropherTy9.alphe.-(tnchtoromthyl)-). 2-Aminoivithraautnone..............................................................................................................,,.. Oi(2-ethythexyt) pnthelete (OGHP)............. ............................................................................... n-Oioctyl phthelete........................................................................................................................ Hexecmorobenzene..................................................................................... ................................ 3.3'-Oimefhoxyberu)dine.............................................................................................................. 3.3'-0<methy*>enzidme (o-Tofcfcne)............................................................................................ Anthracene........................................................................................................... .......................... pCtm&n............................................................................................. Catechol.......................................................................................................................................... U.4-TncWorobenxene................................................................................................................. 2.4-Oichlorophenof................-...................................................................................................... 2.4-Oimtrotoiuene.......................................................................................................................... A/.MOimethylarMin#....................................................................................................................... 1.2-Oiphenyihy^azine (Hydrazobenzene)................................................................................. Hytfoqunone................................................................................................................................. ProplontWenyoe............................................................................................................................ Butyreldehyde................................................................................................................................ i,4-Oiox*ne. Tn<2.3-dibromopropyi) phosphate.. Chioroprent TetracfHoroethyleno (PercMoroethylene). C.l. Vet Yellow 4...................................... . Dimethyl phthelete................................. ..... Dibenzoturen................................................ Ceoten (iH-tsompote-i ,3(2H)-done.3*.4,7.7t-tetrehydt2-(<Mchloroiheftyt)tftioM. CWorembeh (Benzoic acid. 3-errwx>-2.9dichloro-).......................................................... >Artejine hydrochlohoe...................................................................................................... afcwe-Naphthyiamme............................................................................................................. Cuoterron (Benzeneemme. H-hydroxy-M-iwoao. ammonium sail)............................... Nitnloeiecettc eoP..................................................................................... ............................. 4.4`.Thioaianiene..................................................................................................................... Ethyl ecrytete. Butyl acrylate............. .. Ettiyleoexmme (Azindme). p-Nitoeodehanytamne... Ceidum Cyanerrade........ t+ydrmzme. AMrtnfl,4:5,0-OimethanonaphthaJene1l.2.3,4.10.10-hexacNoro-l.4.4e,$l6.9e*hexehydro-(1.elpha.,4.alpria..4e. beta., S.eiphe.. 6aipne..8a.beta>).................................................................................................................................................................... Oiazomeihane................................................................................................................................................................................... -.......... Carbonyl tutfide.................................................................................................................................. -.... C.l. Solvent YeNow 34 (Aunrmne)............................................................................................................. Muatarp gat (Ethane. i.l -thiobia(2-cnlofO-l.......................................................................................... Chiorobenzitate(8#nezeneacettc aod. 4-cnioro-.alphe.-(44hloropheny1)'.aipha.-hydroxy-. ethyl esterl. 2-CNoroaeetophenone.............................................................................................................................. 4,6.0tnrtrO-P-cre*ol................................................................................................................................................ 1.2-Oichioroethyiene.............................................. ................................................................................... Ethyl cMorotormate............................................................ ....................................................................... 1.3-Oichlorobenzene................................................................................................................................. Effective date Oi-Ot/87 OUOl/87 01/01/87 01-01/07 01/01/07 Ot/Oi/87 01-01/07 01/01/07 01/01/87 01/01/07 01/01/07 01/01/07 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 OWO1/07 01/01/87 01/31/07 01-01/07 01/01/87 01/01/07 01/01/87 01/01/07 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/07 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/07 01/01/07 01/01/67 01/01/87 01/01/07 01/01/87 01/01/87 01/01/67 01/01/07 01/01/87 01/01/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/07 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/07 01/01/67 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 ABD00291984 Federal Register / Vol, 53, No. 30 / Tuesday, February 16, 1088 / Rules and Regulations 4537 CAS NO. Chemical name Ef1*?ctne dale - S42-75-6 i7 542-08-1 BisIcMoromethyl) ether.................................................................................................................................................................... 01/01/87 -7 ,? 606-20-2 (7 615-05-4 01/01/87 17 7 621-64-7 *24-63-9 Methyl isocyanate........................................................................................................................................................................ 01/01/87 01/01/87 i7 7 7 664-03-5 /V-Nitroso-iV-methyiurea...................................................................................................... .... .................... ............ 01/31/87 .7 759-73-9 .7 042-07-9 i7 924-16-3 i7 961-M-5 ;7 369-38-8 17 1120-71-4 17 1163-19-5 l7 1310-73-2 17 17 17 1319-77-3 17 1330-20-7 )7 1332-21-4 |7 13C5-67-1 17 1336-36-3 Poiychlcnri3tcO Diphenyls (PCBs) ..................................................................................................................................................... 01/01/87 \7 *344-28-1 Atuminum o*ide....................................................................................................... ............................................... Qt/C' -87 n 1464-53-5 Diepo>y0otane.............................................................................................................................................. ........................................ 01/C/87 n \7 1562-09-8 Tfifiurann (Berueneamine, 2.6-einitro-N,N-d'D'OOy'-4-t;nfluofometny1}-].................................................................................... ; 634-04-4 ............ 01/0t/87 n 1836-75-5 01/01/67 n 1897-45-6 Chiofotha'onil (l-3-0en2ene<Jicart>onitnlfl.2,4,5,6-tetfacnloro-].............................................................. ..................................... 01/01/87 !7 1937-37-7 C.i Direct Black 38.............................................................................................................................................................................. 01/01/87 i7 2l64-t7-2 \7 2234-13-1 )7 2303-16-4 (7 2602-46-2 )7 2650-18-2 17 2632-40-8 (7 |7 )7 3644-45-9 01/01/87 (7 01/01/87 17 01/01/87 17 6484-52-2 01/C1/87 17 7429-90-5 17 7439-92-1 01/01/87 ....... 01/01/87 <7 743^-96-5 ........... OI/Cl/87 J7 7439-37-6 01/01/87 17 7440-02-0 Nickel ........................................,,..................... ....................................................................... ................................................. 01/01/87 >7 01/01/87 17 01/01/87 ,7 7 7440-38-2 i7 7440-39-3 17 7440-41-7 37 37 37 37 7440-50-8 17 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 17 7440-66-6 01/01/87 !7 01/01/87 ;7 01/01/87 17 01/01/87 17 7664-39-3 Hyorogen tluonde................................................. _............................................................................................................. -............ 01/01/87 17 7G64-4i-7 01/01/87 17 7664-93-9 01/01/87 17 7697-37-2 01/01/87 17 01/01/87 17 7757-82-6 01/01/87 7782-49-2 17 7782-50-5 17 7783-20-2 17 8001-35-2 17 }7 17 12122-67-7 17 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/67 17 13463- 67-7 01/01/87 17 16071-66-6 17 16543-55-8 .VNitrosonorntcoune........................................................................................... _.............................................................................. 01/01/87 i ABD00291985 4536 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 j Rules and Regulations CAS No. 20810-12-0 25321-22-6 2S376-4S-8 39156-41-2 1 OisHwMoluene (nwefl Iscmers)- .. Chemical name ..................................... ........ -........ .......................................................... .. Effective date . . ------- ----j 01/01/87 01/0W87 01/01-87 01/01/87 (c) Chemical categories in alphabetical order. Category name MtSnwyCoiftpoijndiifndudasanyusque'*...... " " ilW,WraSOedWi. Amamc Compounds: Includes any unique chenucal substance net cqntans arserac as did of net chemical's ineaseectun....... Sum Cempoundk taefcdaa any unique charmed substance that camera bam** as pertpf that chancers **issued*...... . Isiyaen Compounds: incudes are unque cftemcal substance net contam beryitum as pan of that efteaecd's edrsstrucktre.. Cadmum Confounds: indudas any undue chemical euoatance mal contans caarnum as part at Pel masurai'g mfraabwcnre- CMarepftenols________________________ ---- _____________ - - -- ................... ........ E Native data *W3*P' 01/0W87 01/01/87 01/01/87 01/01/87 01/01/87 (5-x) Where * I to 5 Chram*** Compounds Includes any unique chemical etdastanoe that camera chromium as pan of that chemical's mfreetruchire................ Caban Compouncfc: mcbdea any unque caameal aubetaece wooaiae cobal eep*t#e*at chawscal's mfneauciurs ........................... _ Copper Compounds: indudaa any uaqua .cftenafp lubetancs that comara copper as oertdf that cnerracaT* indipeweture............ -............ Cyanide Compounds: X* CM* share X - H` or any other jraup where a formal iHeenruHQT can be made. Par eserepie KCN. or Ca(CN)t. Gfyccl EVwrs: Indudee none and * ethers of aPtytawa gfycol, diettytpna glycol and trtttnyiena glycol______________________ ___ ______- R-iOCHjCHJn-0* Where: .1.2. or3. fl=e*yi ar eryf groups......... ................................................ ........................................ fl H. or groups which, when removed, yield gtycei ethers wrth Pie pnew*. fi-lOCMKaJ.-., Pqfymem ere eiduded tram this category. Lead Coewotetda: Includes any unoue chemical substance that contains lead as part of diet chemical's infrastructure........ Maagaeo* Compounds: indudes any unque cftenecal substance that contents mangansap as part of that cnemcafs infrastructure.. Mercery Compounds: Includes soy emqes ehseecd substance that contwns mercury as part of that ehemicars infrastructure .......... Nteksf Compounds: Includes eny uniqueohimicsl aebstence that cootara nickel as partpfthat tfiemitTa dfrastructure............. ....... 01701/87 0170T/87 01/01/07 01/01/87 01/01/87 01/0V87 01/01/87 01/01/87 01/01/87 ABD00291986 PotyUommaied Biphenyls (PQBs) Br. H( 10 -- x) Where i= 1 to 10 Seienqm Compounes: Includes any unique chomical substance that contains se'onium as part of that chemical's infrastructure Sih at Compounds: tnctudea any unique chemical substance that contains jihiet as can ot that chemqars infrastructure........... ThaHium Compounds: includes any unique chemical substance mil contains thallium as part ot that chemical's infrastructure... Zinc Compounds: includes any unique chemical substance that contains zinc as pan of that chemical's infrastruniure.......... ...... Subpart E--Forma and Instructions $ 372.35 Toxic chemical release reporting form and Instructions. (a) Reporting form. 8ILUNO cooc ssao-50-M ft 01/01/87 0t/0t/87 Ot/Ot/87 0t/0t/87 01/01/87 ABD00291987 4540______ Federal Register / Vol. 53. No. 30 / Tuesday, February 16.1988 / Rafei md Regulations Form Approved OMB No. 2070-0001 (Imporuau: Type or prim: rend instructions before completing form.) Approval Explr**' 01/91 Pag* 1 of S oB^ U.S. Environmental Protection Agency TOXIC CHEMICAL RELEASE INVENTORY REPORTING FORM Section 313. Title HI of The Suoerfund Amendments and Reauthorization Act of 1986 EPA FORM R ( f o*c '<y , PART I. FACILITY IDENTIFICATION INFORMATION I. I Does this report contain trao* teerst mSorimtionr V** (Answer I 2) MO to* not IflMf 2k 12 i* this a sanitized cocy7 Ov" n ^ 1.3 Peoortmg Ysar 2. CERTIFICATION (Read and sign after completing all sections. I I hereby certify that I have reviewed the attached documents and that, to the best of my knowledge and belief, me submilled informaiion is true and complete and ihai the amounts and values in this report are accurate based on reasonable estimates using data available to the preparers of this report. Mam* ana official uue of owner/operator or , 1 management *>ttc<0 $OMIWS 3. FACILITY IDENTIFICATION Facility or Estaw.snment Nam* Street Aoor**S 3. t CHy Zip Coo* This report oeaUM* wtaaPMe* **r teMca < *An entire COv*ro facility, 3.2 b. O p s eerereo facHlty. r*cnnicaJ Contact 3.3 Puene Contact 3.4 Tsispnpn* Mum*/ nc'uo* area COO*I () T*i*onon* Nano*r i.np'uO* area coo*I {) a- SC Coo* a. 3.5 _J___ 1___ 1___ ___ l___ 1____ Lautuo* 3.6 0g. Mm. S*c. c. _J____ 1____ 1____ lonnt\jom 0*9- Mm. S*c. ___L___ L 1 1 1 t Otm * BreOttreer Nwmoer<i| 3.7 b. -- 1 1-1-1 1 1-1 1 1 1 1 1 -J___ 1 1 1 1 1 t <____________ EPA loantification Numoer (PCPA i O NO. | 3.8 a. b. 1 I1l I tIt 11 t fil l 1ti it MPOES Permit Numo*r|i| 3.9 a. b. Where to aond completed forms: U S. Environmental Protection Agency P O 0o. 7C26S Waamngton. DC 29C2*-0264 Attn: TobiC Cnem.eal P*i*as* Inventory ______1____1 1 1 1 1 1 1 ____ 1____Iff f -1 1 1 Mart* of A*c*<np SVeamisi Cf Watsr ftocyisi a. 3.10 UnoargrovnO infection A'eil COO* (LHCI Identification No. 3.11 _J___ L_1___ !___ U___ !___ I___ I___ L__1___ I______ 4, PARENT COMPANY INFORMATION Mam* of Parent Company 4. 1 Parana Company s Ovm * Sr*c*cr*#t mo. 4.2 I 1-I I I I .1 I I I EPA Form 9350-1 (1-66) ABD00291988 sa. Ko. 38 / Tnoday, February lfi. 196> / Rules Itegafatwns 41 EPA Pw* 9350-H*-6ft) ABD00291989 4542 Federal Register / Vol. 53, No. 30 / Tuesday, February 16, 1968 / Rules and Regulations (Important: Type or print; read instructions before completing form.)______________________ R' EPA FORM PART III. CHEMICAL SPECIFIC INFORMATION Pag* 3 of 5 (This space tor EPA use only ) 1. CHEMICAL IOENTITY II | 1 Trad* Secr*t (Provide a generic name in 1.4 below. Atlach substantiation form to this submission.) 1.2 CAS# |-| | |-j 1 (Use leading zeros if CAS number does not fill space provided. I Chemical or Cnenvcei Category Nam* 1.3 Generic Cnemwai Name (Complete only 1, i < cnecneo.> 1.4 MIXTURE COMPONENT IOENTITY (Do not complete this section 9 you have completed Section 1 ) 2. Genera Chemaei Name ftwwoea oy Sgco"er (Limit the name to a maumum of 7$ character* te.g.. r*er. letteri, tpacee. ptxwtuationi). 3. ACTIVITIES AND USES OF THE CHEMICAL AT THE FACILITY (Check all that apply.) 3.1 Manufacture: a.1 [ Produce v--1 dO anSilin b. I 1 Import 1--J fvproduct c 1 1 Fof ort-eit* 1--1 ut/processlng f. Q A. an impurity 1.2 Proe*a: a. 1 I At a reactant 1----J d. j ] Repackaging only 1.3 Otherwise U*d: a.( | processing1 ad b.| 1 ** *_,yf?Vl*tlon L-J component b. [ | A* a manufacturing aid c. 1 | A* an articl* l__| component c.| ) AncMary or other us* 4, MAXIMUM AMOUNT OP THE CHEMICAL ON StTS AT ANY T(Mg PQR'NQ THE CALENDAR YEAR m (enter cod*) 5. RELEASES OP THE CHEMICAL TO THE ENVIRONMENT You may raport releases of lass than 1.000 tbs. py checking ranges undar A.1. A. Total Raisas* llhs/vrl A.1 Reporting Ranges 0 t-agg 500-B99 5.1 Fogltlv* or non-point air amission* 5.1a A2 Enter Estimat* 5.2 Stack or point air amissions 5 2a S3 Discharges to water (Enter letter cooe from Part l Section 3 10 tor streamsis) ) 5.3.1 | | r--| S3.2 }___ 1 5.3.1a S.3.2* 5.3.3 5.3 3a 5.4 Underground injection 5.5 R*i*as*a to land 5 4a 5.5. la a S t | | | | 'enter cooel S 5 2a 5 S.J j | | | tenter cooel 5.5 3a | [ (Cneca if eoaitlonal information provioeo on Part IV-Supo'ementai mlormation. 1 EPA Form 935O-UI-80) 3 8asis of Estimate tenter code) 5.1b n 520 5.3.1b Q 5 3 2b 5.3 3b Q 5 4b Q C. % From Stormwater 5.3.1c 5.3.2c 5.3.3c 5.5.1b Q 5 5 2b Q S.S.3b 0 ABD00291990 Federal Register / Vol. S3. No. 30 / Tuesday. February 16,1968 / Rote* assd EPA FORM R Part Ml "(Continued) 8- TRANSFERS OF THE CHEMICAL IN WASTE TO OFF-SITS LOCATIONS Vou --'*y roon el * l-an 1 000 15*. y en*e*>ng range* vnoer a 1 A.Total Transfers ________ ________ Mtas.-yrj A. 1 Reporting Ranges 0 '-*90 500-499 A.2 Enter Estimate 0. Basis of Estimate tenter code) 6-1 0'*C"rge 10 OfW 6 tta 1 1 Otner off-si'e oca' on f--1 6 2 i*e* ec<< mrte I'orri P*n x Seei-on 2 ) >-----1 6 3 C'6---teerr oBltt>-sT>< i*n-jorrceaei-ron 1 11 horn Pan i Sect-on 2 1 *--* 6 4 Otfe on-fite 'ocat^n r~--t (Cmer oraee Ojmeer 1 Irorti Pan . Secion 2 1 J 6 2b ED 630 6.4b Q (Check if eddrticnal information 13 provided on Part iV-Suopiememal information) Pag* * of 5 C. Type of Treatment/ Disposal tenter code) 1 I6.2c 6 3c 6.4c 4543 7. WASTE TREATMENT METHODS AND EFFICIENCY A General Wastestream (ester code) a. Treatment Memod (enter code) 7.:* 7.1b 7.2a 7.2b C Rang* of Influent Concentration _____ (enter cooel 7 ic 7.2c 0 Seauential Treatment? (check if aooftcaoiet 7.Id 7.2d E. Treatment Efficiency Estimate 7.1e 7.2# S % 7.3a 7 3b 7.3c 7 3d 7.3* Ni 7 4a 7.4b 7 5a 7.5b 7 6a 7.6b 7 4C 7 4d 7 4* 7 5c 7.5d 7 5* 7.6c 7.6d 7 ? % % % 7.7a 7.7b 7.8a 7 8b 7.7c 7 7d 7 7* % 1 7.8c 7,8d 7 8e % 7 9a 7.9b 7 9c 7 9d 7.9* % 7.1Ca 7.11a 7.10b 7.11b 7.10C 7.lie 7.i0d 7.lid 7 toe 7.lie % 7 12a 7.12b 7.13a 7.13b 7 ua 7.14b 1 i 7.12c 7.13c 7.14c 7 12d 7 13d 7.144 7.12* 7.13e 7.14* % % *4 C (Check if additional information Is provided on Part IVf-Suoplemental Information.) F Based on Operating Data? . Yes Mo 7.If 7.2f 7 31 7 4f 7.5f 7.61 7.7f 7.0f 7 9f 7.10f 7.Ilf o7.l2f 7.13f 7.t4f 8. OPTIONAL INFORMATION ON WASTE MINIMIZATION (indicate actions taken to reduce tne amount of the chemical being released from the facility. See the instructions far coded item* and an explanation of what information to include ) A_ Type Of modification tenter code) 8. Quantity of the chemical m tne eaetestream prior to treatment'disoosal C. index D. Reason for action (enter code) m Current reporting year (ibs/yr) Prior yeer (ibs/yO | Or percent j charge , i l* on m EPA Form 9350-1(1-88) ABD00291991 4544Federal Register / Vol. 53, No. 30 / Tuesday. February 16,1988 / Rules and Regulations (Important: T}pe or print; read instructions before completing form.) 6PA FORM R PART IV. SUPPLEMENTAL INFORMATION Us* this section if you need additional toac* tor answers to Questions in Parts and ill. Number or letter irus information sequentially from prior sections (e g.. O.E. F. or $.54. 5.55). Pag* 5 of 5 AO 3ITIONAL INFORMATION ON FACILITY IDENTIFICATION (Part 1 - Section 3) ------ SiC Coo* -- 35 ------- III III 11 Ov.n fc Qaadiueet Numoer l> 37 1, 1 1 - 1 t 1 -L- 1 1 -1 A loeAtilieation Nwmoer(ti CAA i.O No. ) 3.8 1 111 1 1111 1 1 NPOES Permit Number!*! 3.9 1 ______ 1____ 1,111111_________________ . Name Of Pece.ving SlreamUl or water BoOy(t| 3.10 1 t 1 1 1 - 1 1 11 1 111 1 111< 1 t 1 -1 1 1 _L l_l 1_____________ ADDITIONAL INFORMATION ON RELEASES TO LANO ( Part III - Section S.S) Releases to Land A. Total Release (ibs/yr) A. 1 Reporting Ranges 0 l-4 SCO-99# A. 2 Enter Estimate 5.5____ 1 1 1 1 (enter code) S.S____ a 5 5____ (III (enter code! S.S____ | | | j (enter cooel S.S____ a S.S____ a 8. Basis of Estimate (enter code) 5.5_____b S.S____ b 5.5____ 0 ADDITIONAL INFORMATION ON OFF-SITE TRANSFER ( Part III - Section 6) A.Total Transfers (IBS/yr| At Reporting Ranges 0 l-aso SOO-999 A.2 Enter Estimate '----- Oitcnarga to POrw 6.___ a 6. S. -- Otner oft-eite locat-on (Enter Moca numoer from Pert 1, Sectwin J.) Otner off-ttte locat-on (Enter Moca numoer from Part a, Section 2.1 ii 1 tJ r~m 11 1--1 a.__ a 6.___ a B. Basis of C. Type of Treatment/ Estimate Oisposal (enter code) (enter code) --6 6.__ p n 8.___ b n 8.___ c. 8. ilc. ADDITIONAL INFORMATION ON WASTE TREATMENT (Part III - Section 7) A. General Wastestream (enter code) B. Treatment Method (enter code) C. Range of Influent Concentration (enter code) O- Sequential Treatment? (check if aooScabl*) 7. b l t1 7.___ c 7.___ d d E. Treatment Efficiency Estimate 7.___ e <s F. Based on Operating Data? Ye* Nn 7. , tJ .1 JK o "l 1 ** 1 JJ r-_. r._. 7. b 1 1 1 1 7. b 1 1 1 7. . "1 1 7.___ d 7-_ r._f % r._f % 7_. % r._. 7- b | .. 7 ___ c 7.___ d dl 7-^J* 7._f % EPA Form 9350-1(1-68) ABD00291992 Federal Register / Vut. r.n. No. 30 / Tuesday. Fabruory i>3. umb / Rulos and Relations t>. In1-tructioos. " ^STRUCTIONS FOR COMPLETING EPA FORM R THE TOXIC CHEMICAL RELEASE REPORTING FORM GENERAL INFORMATION A complete report Form R n-.uct be submitte fcr e-ch toxic chemical manufactured, processed, or oth-'rwise used .it etch covered facility a* prescribed in th** r-porting rule in 40 CFR Fart 372. These instructions supplement and el tp-rate on the requirements in trie reporting rule. Together with the r.*p >rtii g rub, they cor.-tifote the reporting requirements, you should read b-'th before attempting to complete Form R. All references m these .nstruct: <r.s are to sections in the reporting rule unless otherwise iniictted. The Toxic Chemical Release Reporting Form, El'A J'atn R. consists of four parts: Part I, Facility Identification Information; Part II, Off-Site Locations to Which Toxic Chemicals are Transferred in Wastes; - Part III, Chemical Specific Information, and Part IV, Supplemental Information Form R is deiigned so that a majority of the mf:.-mai on required in Part I and ail of the information required in Part II should be the same for each chemical rpored ky your facility. If the information in Parts I and II -re identical for two or more chemicals, you ti ny su* mit photostat.c copies of those parts for those ci.rmicals as long as ea h Part I has an original signature -m rhe certification statement. Part III must be completed separately for each chemical. Part IV provides additional 'pace, if ne-sded, to complete the information required by the p*oceding sections of the form. A compete report for any listed toxic chem..:a! that ie not da me I trade secret consists of the following oir.plete.i p ir`.i: - Part I with an original signature on the certification statement (Section 2); Part II; Part III (Section 8 is optional), and If applicable, Part IV. A complete report for a toxic chemical da rned trade secret includes all of the above items plus the foil wing: A completed trade secret substantiation form. A 'sanitized* version of the report in which the chemical identity items (Part III, Sections I 2 and 1.3) have been left blank but in which a generic chemical name has been supplied (Part III, Section 1.4), and - A `sanitized* vo.raion of the trade eecrtt substantiation form. WHEN THE REPORT Ml.ST BE SUBMITTED The report for any calendar year must be submitted on or before July 1 of the following year (e g., the report for calendar year 1987, January through December, must be submitted on or before July 1, 1988). WHERE TO SEND THE REPORT Submit reports, including reporta containing t.-ade secret claims (i.e., sanitized) to: L' S. Environmental Protect -n ' ge-.cy P.O. Box 7>i26t> Washington. D C 2Q024-CM6 Attn T 'xk Chemical Rele:.ie luv nt.'ry In Imtion, you must send a c-'py of the report i > die State (State of the U S.. the District of Columbia, the Commcr.w-alth uf Puerto Rico. Gur.m. American Sirr. 'ie U.o. Virgin Ifti mli, the Northern Man Is.ar. Ij, and ary nh-r territory or possession over which the 1' S has ;'irdiction) in which the fac.bty is livat d States will provide addresses where the opie of the reports are to be sent. Copies of the report sent to the State shoold be (he 'sanitized,* non-trade---cret version uf the report, unless the State specT.cully tequtv.s o: herwte. For additional i:.formation. r?fcr to the diffusion jf trade `ecrct/c^nf.-Jertiality claims in the instructions Mr cc nj;|. ting Pact III, Section T, 'f the ( rm. IIOWTOOBTAIN FORMS AND OTHER INFORMATION Additional copies of EPA Form R an-1 rla*ed gm lance documents may I e obtained from' Emergency Planning and C- mnmnity Rightto-K tow H *lme U S. Envro"inen;.s, Protection Agnry Wri-5-'2A 401 M Street. S W Washington, L) C 20460 (JOO, 525-0202 (202) 479-2149 (^ i l-ington D C. ar.d Alaska) INSTRUCTIONS FOR COMPLETING spec ific sf:c rioNs ok f.pa form r The fallowing are sn-- ific in.-'ructicns for completing each section of EPA ! r:n R. The number designations of the parts and sections of these instruction* correspond t> chose in Fc.-n R n dess otherwise indicated. PARTI. FACILITY IDENTIFICATION INFORMA 1 ION 1.1 Does This Report Contain Trade Secret Information? V<m must answer tin* > ist--n mly .af'e- ymi have completed the rest of the rep, 't The specific identity of the toxic chemical being reported in Part 111. Sections 1.2 and 1.3 may be designated as trade -e-tet. If you are making a trade secret claim, answer by marking the `yes* box and proceed to Se.' ion i 2 (See Part III, Section I, of these instructions f-r spec.fie instructions on trade secrecy claims.) If re mu-wer is no, proceed to Section t.3. 1.2 Is This a Sanitized Copy? You must apswer thi ouesti m only afrer veu have completed the rest of the report. Answer yes if thia copy of the report is the public "samtited* version of a report where the chemical identity is claimed trade secret in Part III, Section 1.4 '( tlx report Otherwise, answer no. ABD00291993 4546 Federal Register i Vol. 53. No. 30 / Tuesday. February 16. 1986 / Rules and Regulation* 1.3 Reporting Year 1 2 3.4 Pabllc Contact In Section 1.3, you unit enter the y*w to which the reported informatiea applies, not the yam* in which you ere submitting the report. 2. Certification The certification statement muet be signed by the owner or operator, or e eenior official with management responsibility for the penoa (or persona) completing the form. The owner, operator, or official must certify the accuracy and completeness of the information reported on the form by signing and dating the certification statement, B*dh.Boet must icontiin. ari-Odcoei eirtiture. Pnnt or type the name and -title of the person who ttgn* the atatement in tha apace proruled. This certification tatement applies to all the information supplied on the form and should be signed onfy after the form baa been completed. 3. Facility Identification 3.1 Facility Name and Location You must enter the name and telephone number of a person who can respond to questions from the public about the report. If you choose to designate the seme person as both the technical and the public contact, enter 'same as 3.3* in this space. If no public contact is designated in Section 3.4, EPA will treat the technical contact as the public contact. 3.5 Standard Industrial Classification (SIC) Code You mutt enter the appropriate 4-dirit primary Standard IndustnaLtyassification (SIC) code for your facility. U the report coven more than one eetablielunent. enter the primary 4 digit SIC code for each establishment. You are only required to enter SIC codes for establishments within tbe facility that fall within SIC eodas 20 through 30 as identified in section 372.22 of the reporting ruin. Use the Supplemental Information sheet (Part IV) if you aeed to enter more than three SIC codse. 3.6 Latitude and Longitude You must enter the name of your facility (plant eite name or appropriate facility designation), street address, city, county, state, and asp code in tbs space provided. You may not use a poet office boa number for this location information. The address provided should be the location where the chemicals are manufactured, processed, #r otherwise used. 3.2 Full or Partial Facility Indication You must indicate whether your report is for the covered facility as a whola or for part of a covered facility. Check bon a. if the report contains isbraistiM about a chemical for an mtire covered facility. Check box b. if the report contains information about a chemical but far only part of a covsred facility. Tha SIC coda system classifies business 'establishments,* which are defined as 'distinct and sapstate economic activities (whtch| are performed, at a single physical location.* Under section 372.30(c) of the reporting ruin, you may choose to submit a separate Form R for each establishment, or for groups of establishments, in your covsred facility. This sHowa you the option of reporting separately on the activities involving a toxic chemical M each establishment, or group of establishments (e g., part of a covered facility), rather than submitting a single Form R for that chemical for the entire facility. Yen may do this provided that all releases of the toxic chemical from the eotire covered facility are reported. However, if an establishment or group of entabiiehmente does not manufacture, process, otherwise use, or release a toxic chemical, then yeu do not have to submit a report on that chemical tea that establishment or group of establishments. 3.3 Technical Contact You must enter the name and telephone number (including area code) of a technical representative whom EPA or State officials may contact for clarification of the information reported an tbs form. This person dose not have to be the person who prepares the report or signs the certification statement. Howevar, this penoa must have detailed investedge of the report to be able to respond to questions. Enter the latitudinal and longitudinal monte ales ef your facility. You must supply the latitude and longitude for calendar year 1037 report* if the information is readily available te you. Sources of these data include EPA permits (e.f., NPDES permits), county property records, facility blueprints, and site plaits. If these geographic coordinates are not readily available to you for calendar year 1937 reports, enter not applicable (N/A|. All facilities are required to provide this information in reports submitted for the calendar year 1933 and subsequent years. Use leading place holding aeroa. 3.7 Facility Dun and Bradstreef Naaber You must enter the number ajsigned by Dun and Bradstreet for your facility or each establishment within your facility. This may be available from your facility's financial office. If none of your establishments have been assigned Dun and Bradsueet Numbers, indicate this in Section 3.7 by entenng not applicable [N/A| in box a. If onfy some of your establishments have been assigned Dun and Bradstreet numbers, indicate this in Section 3.7 by entering those numbers. Use leading place holding aeroa. For moce than two establishments, use the Supplementtl Information sheet (Part IV). 3.8 EPA Identification Number If your facility has been assigned EPA Identification Numbers, you must enter those numbers. The EPA 1 D. Number if a 12.digit number assigned to facilities covered by hatardous waste regulations under the Resource Conservation and Recovery Act (RCRA). Facilities not covered by RCRA are not likely to have an assigned EPA I D. Number. U your facility does not have an EPA I.D. Number, enter not applicable |N/A] in box a. If your facility has more than two numbers, use the Supplemental Information sheet (Part IV). Use leading place holding seroe. 3.9 NPDES Permit Nuabers You must enter the numbers of any permits your facility holds under the National Pollutaot Discharge Elimination System (NPDES). This 9-digit permit number is assigned to your facility by EPA or the State under the authority ABD00291994 Federal Register / Vol. 53. No. 30 / Tuesday. February 10,1988 / Rules and Reguiatiotu 3 of the Clean Water Ac4- If your facility has more than two permit*, uoe the Supplemental Information sheet (Part IV). Um leading place holding seros. If your facility Joes not have a permit, enter not applicable [N/A| in box 3. 3.10 Name of Receiving Stream or Water Body You muat enter the name of each surface water body or receiving stream to which chemicals being reported are directly discharged. Report the name of each receiving stream or water body as it appears on the NPDES permit for the facility. Enter not spplicable (N/Aj to any unneeded spares. If your facility discharges the toxic chemical to more than three receiving streams or water bodies, us* the Supplemental Information sheet (Part IV). 3.11 Underground Injection Well Code (UIC) identification Number If your facility has a permit to inject chemicalcontaining waste which includes any toxic chemical being reported into Class 1 deep wells, you must enter the Underground Injection Control (UIC) 13-digit identification number assigned by EPA or by the State under the authority of the Safe Drinking Water Act. If your facility Joe* not hold such a permit, enter not applicable |N/A) in this space. 4. Parent Company Information You must provide information on your parent eompany. For purposes of this form, parent company is defined as a company which directly owns st least 30 percent of ths voting stock of another company. 4.1 Name of Parent Company You must enter the name of the corporation or other business entity that is your parent company. If you have no parent company, enter not applicable (N/A). 4.2 Parent Company's Dun & Bradstreet Number If applicable, you muat enter the Dun and Bradstreet Number for your parent company. The number may be obtained from the treasurer or financial officer of the company. If your parent company doee not have a Dun and Bradstreet number, enter not applicable (N/A), Uee leading place holding seroe. PART II. OFF-SITE LOCATIONS TO WHICH TOXIC CHEMICALS ARE TRANSFERRED IN WASTES This section require* e listing of all off-sit* locations to which you transfer wastes containing the toxic chemical. The information that you enter in this section relate# to data to be reported in Part UI, Section 6, of the form. List only publicly owned treatment works (POTW) and treatment or disposal facilities. Do not list locations to which products containing the toxic chemical are shipped far sale or distribution in commerce or for further use. Also, do not list locations to which wastes containing the chemical are sold or sent for recovery, recycling, or reus* of the toxic chemical. 1. Publicly Owned Treatment Works (POTW) wastewater containing reported toxic chemicals to a POTW, enter not applicable ;N/A]. If you discharge wastewater containing toxic chemicals to more than one POTW, us additional copies of Part U. 2. Other Off-Site Locations In the block next to the healing 'Other off-nte location," enter a number. For the first such off-sit* location enter *1' in the block. Continue numbering the off-site locations in ascending order. This is the block number required by Part III, Section 6. If your facility transfers the toxic chemical to more than three o(T-siie locations, use additional copies of Part II and continue numbering these locations in ascending order. In ths spaces provided, you must enter the name and address of each location (other than POTWs) to which you ship or transfer wastes containing the toxic chemical. Also enter the RCRA I D. Number (EPA I.D. Number) for each such location, if known t> you. Such information may be found on the Uniform Haeordous Waste Manifest which is required by RCRA regulations. You must also indicate in the space provided whether the location is owned or controlled by your facility or yo>.r parent company. PART HI. CHEMICAL SPECIFIC INFORMATION \.\ Trade Secret Block If you are claiming chemical identity as a trad* secret, you must mark the trade secret claim box in Section 1.1. In addition, you nvist attach a completed trad* secret substantiation form to eh* report, as set forth in the trade secret rule in <0 CPR Part 350. When the chemical identity is .imed trad* secret, you must also provide a generic name ,n Section 1.4. Note: If you complete and submit your Toxic Chemical Release Inventory Reporting Form before the trade secret rule is in effect, you are still required to substantiate your claim that the specific chemical identity is a trade secret. Accordingly, you should follow the provisions of the proposed trade secret rule and uae the proposed trad* secret substantiation form which appeared in the FEDERAL REGISTER of October 15, 1987 (32FR 3831238377). 1.2 CAS Registry Number You must enter the Chemical Abstracts Service (CAS) registry number that appears in section 372.65 of the reporting rule for the chemical being reported. Use leading place holding seroe. If you are reporting one of the chemical categories in section 372.63 of the rule (eg., copper compounds), enter (N/A| in the CAS number space. CAS number* are cross-referenced with an alphabetical list of trade names and chemical names in section 372.66 of the rule. 1.3 Chemical or Chemical Category Name You muat enter in the space provided the name of the chemical or chemical category as it is listed in section 373.68 of the reporting ml*. Only us* name* listed in section 372.66. 1.4 Generic Chemical Name You must enter the name and address of the POTW to which your facility discharges wastewater containing any toxic chemical you ore reporting. If you do not discharge You must complete Section 1.4 if you are claiming the specific chemical identity of the toxic chemical as a trade secret and have marked the trad* secret block in R 4547 ABD00291995 4548 Federal Register / Vol. 53. No. 30 / Tuesday. February 16. 1988 / Rules and Regulations 4 Section 1.1. Th generis. ehunical name mutt be desenptiv* of the chemical structure. You mutt limit the generic nun* to seventy characters (eg., numbers, Utters, spaces, punctuation) or less. during the production, processing, use, or disposal of another chemical substance or mixture, and following its production, is separated from that other chemical substanca or mixture. 2. Mixture Component Ideality Ui* this section to report * mixture component thst you know exceeds s threshold. Do not complete this section if you hsve completed Section 1 of Part 111. You may have received a mixture or trade name product from another person which you were told containe a section 313 toxic chemical, but that person did not tell you the specific chemical name or CAS number of the toxic chemical. The person may have given you a generic chemical name and the percentage composition of the toxic chemical in the mixture or trade name product under section 372.45 of the reporting rule. If you determine that you have imported, processed, or otherwise used the toxic chemical in tha mixture or trade name product in excess of an applicable threshold, you must enter the generic chemical name given to you by your supplier in Section 1. If your supplier did not give you a generic chemical name, you must enter the name by which tha supplier identified the chemical to you. (In some cases, this may be the same as ths name of the mixture or trade name product.) For example, your facility usee 20,000 pounds of a solvent which your supplier has told you contains eighty percent "chlorocydocarbon," his generic name for a chemical subject to reporting under section 313. You therefore know that you have exceeded the uae threshold for this toxic chemical. You would enter the name *chlorocyclocarbon,a in the space provided in Section 2. f. As an impurity. A chemical in this category is produced coincidentally with another chemical substance, and is processed, used, or distributed with it. 3.2 Process (incorporative-type activities) a. As reactant. A natural or synthetic chemical used in chemical reactions for the manufacture of another chemical substance or of a product. Include*, but is not limited , to, feedstocks, raw materials, intermediates, and initiators, b. As a formulation component. A chemical added to a product or product mixture prior to further distribution of the product that aids the performance of the product in its use. Examples include, but are not limited to, additives, dyes, reactioa diluents, initiators, solvents, inhibitors, emulsifiers, surfactants, lubricants, flame retardants, and rheological modifiers. c. As an article component. A chemical substance that become! an integral component of an article distributed for industrial, trade, or consumer use. rl. Repackaging only. Processing or preparation of a chemical or product mixture for distribution in commerce in s different torn, state, or quantity. 3. Activities and Uses of the Chemical at the Facility 3.3 Otherwise Used (non-in<-\*porativ-in># activities) This section requires an indication of whether the a. As a chemical processing aid. chemical ie manufactured (including imported), processed, A chemical that ie added to a reaction mixture to aid in or otherwise used at the facility for which tha form ie tha manufacture or synthesis of another chemical being filed and the general nature of euch activities and substance but does not intentionally remain ih or become i usee at the facility during the calendar year- Report part of the product or product mixture. Examples of activities that take place only at your facility, net such chemicals include, but are not limited to, process activities that take place at other facilitiee involving your solvents, catalysts, inhibitors, initiators, reaction products. You must mark all of the appropriate blocks ia terminators, and solution buffers. this Section that apply to the activities at your facility.. Refer to the definitions of "manufacture," "process," and b. As * manufacturing aid. "otherwise used" in section 372.3 of the reporting rule for A chemical whose function is to aid the manufacturing explanations supplementing thoee provided below. process but does not become part of the resulting 3.1 Manufacture product- Examples include, but are not limited to, lubricants, metalworking fluids, coolants, refrigerants, a. Produce. and hydraulic fluids. A chemical included in this category ie produced at the c. Ancillary or other use. facility. A chemical in this category is used at a facility for b. Import. purposes other than ae a chemical processing aid or manufacturing aid as described above. Includes, but ia A chemical included u> this category ia imported to tha facility. not limited to, cleaners, degreasera, lubricants, and fuels. c. For on-site use/processing. A chemical included in this category ia manufactured and then further processed or otherwise used at the same facility. d. For sale/dlstrtbutfoo. A chemical in this category is manufactured specifically for sale or distribution outside the manufacturing facility. e. As byproduct. A chemical in this category is produced coincidentally 4. Maximum Amount of the Chemical Oa Site *| Any Time Duriag the Calendar Year You must insert the appropriate code (see below) that indicate* the maximum quantity of the chemical (in storage tanks, process vseaste, oct-eite shipping containers, etc.) at your facility at any time dunng the calendar year. If the chemical was present at several locations within your facility, uae the maximum total amount present at the entire facility at any one time. r ABD00291996 Federa^Register_/_Voj. 53, No. 30 / Tuesday. February 16. 1988 / Rules and Regulations S Ranee Code 01 02 03 04 05 06 07 08 09 10 11 - Weight Range is Pound* From... To.... 0 100 1,000 10.000 100,000 1.000.000 10,000,000 50,000,000 100.000,000 500.000.000 1 billion 99 999 9,999 99,999 999.999 9,999,999 49.999,999 99.999.999 499.999.999 999,999,999 more than 1 billion 5.4 Underground injection You must enter the total annual amount of the chemical that was injected into wells, including Class I and other types, at the facility. 5.5 Releases to land You must report quantities of the chemical that were landfilled, impounded, or otherwise disposed of at the facility, Do not report land disposal at off-aite locations in this section. You must enter the appropriate disposal code from the following list: If the toxic chemical u preterit at your facility a* part of a mixture or trade name product, to determine the maximum quantity of the chemical preaent at the facility you mutt calculate only the weight of the toxic chemical, not the weight of the entire mixture or trade name product. See section 372.30(b) of the reporting rule for further information on how to calculate the weight of the chemical in the mixture or trade name product. 5. Releases of the Chemical to the Environment In Section 5 you muit account for the total aggregate release* of the toxic chemical from your facility to the environment for the calendar year. Releases to the environment include emission* to the air, discharges to surface water*, and releaaee to land and underground injection well*. All air releases of the chemical from the facility must be covered. In case of doubt about whether an air release is a point or non-point release, it is important that the release be included as one or the other rather than omitted. Do not enter information on individual emission points or releases- Enter only the total release. 5.1 Fugitive or noo-poiot air emissions. These are releases to the air that are not released through stacka, vents, ducts, pipes, or any other confined air stream. You must induda (1) fugitive equipment leaks from valves, pump teals, flanges, compreaaora, sampling connections, open-ended lines, etc.; (3) evaporative losses from surface impoundments: (3) releases from building ventilation systems; and (4) any other fugitive or non-point air emissions. 5.2 Stack or point air emission*. These are releases to the air that are through alecks, vents, ducts, pipes, or other confined air stream. You must include storage taok emission*. Air releases from control equipment would generally fall in this category. 5.3 Discharges to water You must enter the applicable letter code for the receiving stream or water body from Section 3.10 of Part l of the form. Also, you must enter the total annua) amount of the chemical released from all discharge points at the facility to each receiving stream or water body. You must include process outfalls such as pipes and open trenches, relsases from on-site wastewater treatment systems, and the contribution from stormwater runoff if applicable (see instructions for column C below). Do not include `indirect* discharges to surface water* sack as to a POTW or off-site wastewater treatment fadlity. Tbm must be reported in Section 6. Disposal Codes 002 Landfill D03 Land Treatment/Application/Farming DOS Surface Impoundment (to be dosed as a Landfill) 099 Other Disposal Three lines are provided in this section of the form to accommodate various type* of land disposal. For the purpose of this form, a surface impoundment is considered `final disposal.' Quantities of the chemical released to surface impoundments that are used merely as part of a wastewater treatment procesa generally mutt not be reported in this section of the form. However, if the impoundment accumulate* sludge* containing the chemical, you must include an estimate in this section unless the sludges are removed end otherwise disposed of (in which case they should ' be reported under the appropriate section of the form). For the purpose* of this reporting, storage tanks are not considered to be a type of disposal and are not to be reported in this section of the form. A. Total Release Only releases of the toxic chemical to the environment for the calendar year are to be reported in this section of the form. The total release* from your facility do not iodude transfer* or shipments of th* chemical from your facility for sale or distribution in commerce or ol wastes to other facilities for treatment or disposal (see Section 6.1). Both routine releases, such as fugitive air emissions, and accidental or non-routine releases, such as chemical spills, must be included in your estimate of the quantity released. A.l Reporting Ranges For reports submitted for calendar years >9*7, 1988. and 1989 onhr. you may take advantage of range reporting for reUsaee that are less than 1,000 pounds for the year to an environmental medium. You may mark one of the three boxes, 0, 1-499, or 600-999, corresponding to relesses of th* chemical to any environmental medium (i.e., any line item); however, you do not have to um these rang* check boxes. You have th# option of providing a specific figure in column A.l as described below. For releases of 1.000 pounds or more for the year to any medium, you must provide an estimate in pound* per year in column A.2. Any estimate provided in column A.l is required to be accurate to no more than two significant figures. Beginning with reports for calendar year 1990, you may not use ranges to report; you mutt report in column A.l. 4549 ABD00291997 4550_______Federal Register / Vol. 53. No. 30 / Tuesday, February 16.1988 f Rules and Regulations A.2 Enter Estimates ~ t You mutt provide your estimates of releases in pound* for tht year m column A.3. Thit estimate it required to be accurate to no mors thtn two significant figures. Calculating Releases To provide tb relit** information **quir#d tn b0 Soitsot A.t and A.I in thi section of the form, yen nafft* tu* all readily Sixeilsbl# data (tnctudingr rftttifRV rocrutoring data and m*QP* measurements) tettaivdkif your botiity pursuant to other provi*ton of tys? <nMM* pari of routine plant operation!, to the extent you ftev# If for the toxic chemical. When relevant monitoring data or emission measurement! are not readily available, reasonable estimate! of (he amounts released muet be made uamg published emiesion factor*, material balance calculation*, or engineering calculatione. You may not um emission factor* or calculations to estimate releases if more accurate data are available. N^^it^at.manitoianc.or measurement^ thawtranmtasv ae .aoir<r*rrtaatttaM dfjlnv taxtd chemical talsras** naa enumrfWffht, clft 3f tffis ffsddencv oteuoh reaufteBI 9Sp_lfc*iigred<e of ettffiBletinfTffis foW^gttlMBW You most estimate w accurately u poesibt* the ouantur in gquad* of fee chemical or chemical category chtti** ryleyed annually to each environmental-medium. Do not include the quantity of components of a waste stream other than the toxic chcmkal in this cstimats- If the toxic chemical was present at your facility as part of a mixture or trade name product, you must calculate the release* of the chemical only. Do not mclu ie release* of the other component* of the mixture or trade name product. If yets- only know about or arc ril# **M V estimate the ttluut of the mixture or trodp name product as a whole, you must assume that chemical is released in proportion to its concnu*tififhii!>' the mixture or trade nuns product. S*t section 373.20(b) of the reporting rule for further information on how to calculate the concentration and weight of the chemical in the mixture or trade name product. If you are reporting a chemical category listed in section 373 65(c) of the reporting rule rather than a specific chemical, you must combine the release data for all chemicals in the listed chemical category (e.g., all glycol ethers or all chlorophenols) and report the aggregate amount for that chemical category. Do not report releases of each individual chemical in that category separately. For example, if your facility releasee 3,000 pounds per year of 2-chlorophenul, 4,000 pounds per year of 3-chlorophenol, and 4,000 pounds per year of 4*chlorophenol, you should repost that your facility releasee 11.000 pounds par year of chlorophenols. (Other than for listed chemical categoric* in section 372 <3S(c) of the rule, each form must report for an individual chemical. Listed chemical* with the qualifier `solution,' such as odium sulfate, in concentrations of 1 percent (or 0.1 percent in the case of a carcinogen) or greater, muet be factored into threshold and release calculations, becauss threshold and release amount* relate to the amount of chemical in solution, not the amount of solution. For metal compound categories (e.g., hrasuutb coropodflOt, refe&fe* refftSe* of otrty the psrtnt rrrifra). For example, a user of various inorganic chromium salts would report the total chromium released m each waste type regardless of the chemical form (e.g., as the original salts, chromium ion, oxide, etc), and exclude any contribution to mass mad* by other species in the molecule. B. Basis of Estimate For each release estimate you are required to indicate the principal method by which the quantity was derived. Enter the letter code to identify the method which applies to (he largest portion of the total estimated quantity. For example, if 40 percent of stack emission* of the reported substance wr* derived using monitoring data, 30 percent by mass balance, and 30 percent by emission factors, you would enter the code letter *M* for monitoring. The codes are as follows: M - Based on monitoring data or measurements for the toxic chemical as released to the environment and/or off*site facility. C - Band on mass balance calculations, such as calculation of ths amount of the toxic chemical in trams entering and leaving process equipment. - Based on published emission factors, such as those relating release quantity to throughput or equipment type (e g , air emissions factors) O Based on other approaches such as engineering calculation* (* g., estimating volatilisation or solubility using published mathematical formulas) or best engineering judgi nt. This would include applying an estimated > moval efficiency to a w&stestream even if th- omposition of stream before treatment wa* '.ily characterized by monitoring data. If the monitoring data, mast b:. ince, or emission factor used to estimate the release is not specific to the toxic chemical, the estimate should be reported as based on engineering calculations or judgment. C. Percent From Stormwafcr This column only relates to Section S 3 Discharges to Water. The quantity of the chemical released to any receiving atream or water body in each box in column A must include the amount contributed by stormwater runoff from the facility which contains the chemical. In addition, the percentage of the total quantity (by weight) of the chemical contributed by stormwater must be entered incol.imn C. Iteeour fSaDfey dtv estimate el sfiosSfii*, $& muihOMl^B<ds^M|i^PdBbe percent (Epgtawstgr. If your facility does not have periodic measurements of stormwater releases of the chemical but haa submitted chemieai specific monitoring data in permit applications, thsn these data must be used to calculate the percent contribution from stormwater. Flow rate data can be estimated by multiplying the annual amount of rainfall times the land are* time* the runoff coefficient. The runoff coefficient represents- the fraction of rainfall that doe* not infiltrate into the ground but runs off as stormwater. The runoff coefficient is directly related to the land utc* located in the drainage area and ranges from 05*0.9 for tight industrial areas and 0 6-0 9- for heavy industrial areas. Site epcific d.'terminat.oi.s can ABD00291998 FederdReg^ter_/^^53. No. 30 / Tuesday. February 16. 1968 / Rules and Regulations r be calculated using tbefoNowmg formula: (I x fractional paved or wsfcd area) + (0.2 x fractional grass area) + (0.3 x fractional graveled area) s sit# runoff coefficient If you have monitored stormwater but did not detect the chemical, enter aero (0) in this space. If your facility has no stormwater monitoring data for tha of ths chemical, enter no data (N/D| in this space on the form. 6. Transfers of the Chemical in Waste to Off-Site Locations You must report io tMa section tha total annua) quantity of tha chemical sent to any of the off-site disposal, treatment, or storage facilities for which you have provided an addreas in Part II. Line 6.1 ia for transfare to a POTW. Lines 6.2 through 6.4 are provided for transfers to other off-site locations, including privately owned wastewater treatment facilities. Enter, from Section 2 of Part II, the block number that corresponds to tha off-si Is location to which you transferred waste containing tha chemical. If you need additional space (i.a., you ship west# to more than three off-site locations), check the box at the bottom of Section 6 and use the Supplemental Information sheet (Part IV). A. Total Transferred You must follow the instructions for providing estimates as presented in the instructions for column A ef Section S above. You must enter the amount in pounds of oniy the toxic chemical that is being transferred; do not enter the total poundage of wastes, including mixtures or trade name products containing the chemical. As with Section 6, you may report in ranges only for calendar years 1967, 1986. and 1989. B. Basis of Estimate You must identify the basis for your estimats. Follow the instructions and use the same coda* as presented in tha instructions for column D of Section S. reisted to the chemical whose releases are being reported: (A) the general wastestream type* containing .t.i'Te11 Vn* "P0"** (8) th* treatment methods (if any) used on all waatestreams containing the chemical; (C) the range of concentration# of the chemical m the influent to the treatment method (D) whether sequential treatment is used; (E) the efficiency or effectiveness of each treatment method in removing the chemical; and (F) whether ths treatment efficiency figure was based on actual operating data. You must us# a separate line in Section 7 for each treatment method used on a wastestrsam. This section is to be used to report only treatment of wastestrsarns at your facility, not treatment off-site. A, General Wastestream For each waste treatment method report you uuwt indicate the type ot wastestream containing the chemical that is treated. Enter the letter code that corresponds to the general wastestream type: A -- Gaseous (including gases, vapors, airborne particulates) W = Wastewater (aqueous waste) L = Liquid waste (non-aqueous waste) S = Solid waste (ineluding sludges and flurries) If s waste is s mixture of water and organic liquid, you must report it under wastewater unless the organic content exceeds SO percent. Slurries and sludges containing water must be reported as solid waste if they contain appreciable amounts of dissolved solids, or solids that may settle, such that ths viscosity or density of the waste is considerably different from that of process wastewater. B. Treatment Method Codes for treatment methovis are included in Table I of these instructions. You must enter the code for each treatment method used on a wastestream containing the toxic chemical, regardless of whether this treatment method actually removes the specific chemical. Treatment methods must be reported by type of waste being treated (i.a., gaseous waste*, aqueous wastes, liquid non-aqueous wastes, and solids). C. Type of Treatment/Dlsposal You must entsr ons of the following codes to identify the type of treatment or disposal method esed- by the off-site location for the chemical being reported. You may have this information in your copy of EPA Form SO, Item S of the Annual/Biennial Hazardous Waste Treatment, Storage, and Disposal Report (RCRA). Applicable codes for this section are as follows: MlO Storage Only M20 Reuse as Fuel/Fuel Blending M40 Soiidifieation/Stabiiisstion MSO Incinsration/Thermal Treatment M61 Wastewater Treatment (Bxctuding POTW) M69 Other Treatment M7I Underground Injection M72 Landfill/Diaposel Surface Impoundment M73 Land Treatment M79 Other Land Disposal M90 Other Off-Sit* Management M91 Transfer to Waste Broker M99 Unknown 7. Waste Treatment Methods and Efficiency In Section 7, you must provide ths following information Waatestreams containing th* chemical may have s single source or may be aggregates of many sources. For example, process water from several pieces of equipment at your facility may be combined prior to treatment. Report treatment methods that apply to the aggregate wastestream as well as treatment methods that apply to individual waatestreams. If your facility treats various wastswater streams containing th* chemical in different ways, the different treatment methods must each be listed separately. Your facility may have several pieces of equipment performing a similar service. It is not necessary to enter four lines of data to cover four scrubber units, for example, if all four are treating wastes of similar character (e.g., sulfuric acid mist emissions), have similar influent concentrations, and have similar removal efficiencies. If, however, any of these parameters differ from on* unit to ths next, each scrubber must be listed separately. C. Raoge of Influent Concentration Ths form requires an indication of the range of concentration of th* toxic chemical in the wastestream (i.*., th* influent) as it typically enters the treatment equipment. You must enter in the space provided one of 4551 ABD00291999 4552 Federal Register / Vo!. 53. No. 30 / Tuesday. February )>>, 1Q.)8 / Rules and Regulations * th* following cod* numbfri corresponding to the concentration of th* chemical in th* influent: 1 = Greater than 1 percent 2 - 100 parti per million (0.01 percent) to 1 percept (IOa'OO parti per million) 3 = 1 p_.*t per million to 100 parts per million 4 - 1 part per billion to 1 part per miliinn $ = Lei* than 1 part per billion Note that parte per million (ppm) ii milligram ' (matfmu^ for *olid and liquid*; cubic ntlm*.-*Mrtife metM (*Qlum^?olarn| for (U'.i; ndlWgramesRgw tee" sofunsn* or dispersion* of th* chemical in nsrtltgisem* of ohvmieaf/kllogram of air far partj|af** tn air. If you have particulate concentration* (a: standard temperature and pressure) a* grams/cuDic fo-.t of air, multiply by 1766 6 to convert to parti per million: if in mg/m . multiply by 0 773 to obtain ppm. (Note Factors art for standard conditions of 0C (S2F) and 7-JO mmHg atmospheric pressure). D. Seguemial Treatment? You may use various treatment steps m a se, .er.ee but only be able to estimate the treatment efficiency of the overall treatment process. If this is the case, you must enter codes for all of the treatment steps in the process You must check the column D 'sequential treatment"' box for all of these steps in the tame sequence. W.*h respect to information that must be supplied in columns C and E, you must provide the range of influent con ntrations (column C) in connection with the first it. p of the sequential treatment. Then provide the treatment efficiency (column E) in connection with the 1 .-t step in the treatment. You do not need to complete ' or E for any intermediate step in the sequence E, Tr&afment Efficiency Estimate In the space provided, you must enter the no ,;Lvr that i-Jicates the percentage of the toxic chemir.il that is removed from the wastestream. The treatment efficiency (expressed aa percent removal) represents any d-struction, biological degradation, chemical conversion, or physical removal of the chemical from the wastestreim being treated. This efficiency must represent the mass or weight percentage of chemical destroyed or removed, not just changes in volume or concentration of the chemical or the wastestream. The efficiency indicated for a treatment method must refer only to the percent conversion or removal of the listed toxic chemical from the wastestream, not the percent conversion or removal of other wastestream constituents (alone or together with the listed ehemical), and not the general efficiency of the method for any wastestream. For some treatments, the percent removal will represent removal by several mechanisms, as in secondary wastewater treatment, where a chemical may evaporate, be biodegraded, or be physically removed in the sludre estimating percent removal efficiency for various waitestreuni, the percent removal must compare the gaseous effluent from treatment to the gaseous influent, th* aqueous effluent from treatment to the aqueous influent, and mniiariv for organic liquid and solid waste HoweveriteRtae 'fllrotwn'PRtteiho-Is may hot rstrnit w* CjjmparaWWSPinWN^lulW wassertfiftm" we inoinerasaatew steMtfiumsn of waatejra&jr.. j(/> tL-ga* ewe*, of th* shuauacj; feun *gue influent aMtfaatMIBMMiBeateil)* repowed-m*'i&sfckperasns fonn sfteMteetmtntet 4ms n-.t exist .n a cosap.-.t^Js, Some of'UffMfeoMVut* Heted it, Table ( da net ohemtea^--snaaqr MRAcally remove tne ft -iruepl {son* ndNMraGMIlK*. 'Wrnw instebe fe/u blending RWIgvRWWKi*en "*for these treatments u*>-hs*s4, aheffTeiiflWPfcff *tf8WT*iit thptepor&ed. Poe mc:qj^^up4dPkis, the reportable concentration aid treatment efficiency most be calculated bared on the weight of the parent metal and not the weight of the metal compounds. Metals are n ;t destroyed but can only be physically removed or chemically converted froni one form into another. *fth^RFea:meiTtu yfrrorray#^porsga must rwrrrv -luafeicfr gBk> gflOTs from tltaMte^acteSSOnih 4po the percent chemical conversion of the metal compou: d. If a listed treatment method converts but does not remove a metal (e g , chromium retiurts im. ti.e methed must be reported, but tiie tr*atdWWfTt4#y satflBhbe ropowted argero. All data available at your fac :y must be utilit-o to calculate treatment efficiency and influent chemical concentration #OTf!43Hp*quHijM>i> oattfeacuaBy span ,4qta 4oe ffatepur(Mig reposing qurrs&ftC- '#f tfct* areteBfetMKMBWWateii enmt it* made upng oe> epginMr:i9MMsnf#MtfP3inlNne'.hr it. f. >*.*? This Column reojirce you to u .ie "Yes' ,.-r "No" , whether the rc.rcr.ietu efficienr. -unite -s bas-d on actual operating J^ta For e> le, you would cl.-ek 'Yes' if the estimate j based oi .lomtonng uf mfi,,nt and effluent was*es under typi, >1 operating conditi- ns If the efficiency estimate is ban- i jn published da-i for similar process-* o: on equipment s .ppher's literature or if you otherwise -s'lma'ed either the influent or waste comparison or the flow rate you quirt cl--ch "No " Information prov.ded in Part 111. Section 6. { the form is optional. This secnon allows you to identify vi* minimiaation effotu relating to tl>< reported toxic chemical that may not have been reflected in your responses to previous sections of < >e form A. Type of modification Percent removal must be calculated as follows (I - E) x 100 l where I = mass of the chemical in the influent wastestream and E = mass of the chemical in t.1 e effluent wastestream. The mass or weight of chemical in the wastestr-am being treated must be calculated by multiplying the concentration (by weight) of the chemical in the wastestream time* the flow rate. When calculating or Enter on* code from the f<ilowirg lut tout Lest describes th* type of waste minimisation activity Ml - Recycling/reuse on-site. M2 Recycling/reuse off-site. M3 - Equipment/technology modifications. M4 * Process pnxedur* m 'diflcations. MS Reformulation/redesign of product M6 Substitution of raw materials M7 Improved housekeeping tratr ng, mv-rno'-y control. MS - Other waste nnnimit .tion technique ABD00292000 Federal Register / Vol 53, No. 30 / Tuesday. February 16.1988 / Rules and Regulations 9 B. Quantity of the chemical in the wastestreairi pribr to treatment/ disposal Enter the pound* of the toxic chemical in WMtu in the reporting year and the pound* in waste* in the year prior to implementing wait* minimisation (the "baa* year"). Alternatively, to protect confidential information, you may wish to enter only the percentage by which the weight of the chemical in the waste* has changed. This figure (percentage) may be calculated uting the following formula: toxic chemical in waste* in reporting year toxic chemical in waste* in prior year toxic chemical in wa*tes in prior year. x 100 - Chemical produced in 1987/chemical produced in 1988. Paint produced in 1987/paint produced in 1986. Appliance* coated in 1987/appliance* coated in 1986. - Square feet of solar collector fabricated in 1987/square feet of solar collector fabricated in 1986. Value of sale* in 1987/value of salt* in 1986. For example, a company manufacture* 200,000 pound* of a chemical in 1986 and 250,000 pounds of th* same chemical in 1987. The index figure to report would be 1.3 (1.25 rounded). The index provide* a mean* for user* of the data to distinguish the effect* of changes in business activity from the effects specifically of waste minimisation efforts. It is not necessary to indicate the units on which the index is based. D. Reason for action The resulting figure may be either negative or positive. C. Index Finally, enter the code* from the following list that best describe the reason for initiating the waste minimisation effort: Enter the ratio of reporting-yeaf production to production in the base year. This index should be calculated to most closely reflect activities involving the chemical. Example* of acceptable indicea include: Rl Regulatory requirement for the waste. R2 Reduction of ireatment/disposai costs. R3 - Other process cost reduction. R4 - Self-initiated program. R5 Other (e g., discontinuation of product, occupational safety, etc.). 4553 ABD00292001 4554 Federal Register / Vol. 53. No. 30 / Tuesday, February 16,1988 / Rules and Regulations l^--lE----------^^ 10 1 TABLE 1 TREATMENT CODES AIR EMISSIONS TREATMENT A01 Flars AOS Condenser AOS Scrubber A04 Absorber AOS Electrostatic PrecipKator A06 Mechanical Separation A07 Other Air EmwaKm Treatment BIOLOGICAL TREATMENT Bll Biological Treatment -- Aerobic B21 Biolofical Treatment -- Anaerobic B31 Biolofical Treatment -- Facultative BOO Biolofical Treatment Other CHEMICAL TREATMENT COi Chemical Precipitation -- Lime or Sodium Hydroxide C02 Chemical Precipitation -- Svtfide COO Chemical Precipitation Other Cll Neutralisation C21 Chromium Reduction C3t Complexed Metaie Treatment (other than pH Adjustment) C41 Cyanide Oxidation Alkaline Chlorination C42 Cyanide Oxidation -- Electrochemical C43 Cyanide Oxidation Other C44 General Oxidation (including Disinfection) -- Chlorination C45 General Oxidation (including Disinfection) - Otonation C46 General Oxidation (including Disinfection) -- Osonation C99 Other Chemical Treatment INCINERATION/THERMAL TREATMENT F01 Liquid Injection fll Ro'.aiy Kiln with Liquid Injection Un.t Fl9 Other Rotary Kiln F31 Two Stage F41 Fixed Hearth F42 Multiple Hearth FSl F'.uidited Bed F61 Infrs-Red F71 Fume/'-'apor FSl relyttc Destructor F82 Wet Air Oxidation F83 Thermal Drying/Dewatering F99 Ocher Incineration/Thermal Treatment SOLI D1FICATION/STABILIZATION G01 Cement Processes (including Silicates) G09 Other Possolonic Processes (including Silica'esl Gil Asphaltic Processes G21 Thermoplastic Techniques G99 Other Solidification Processes (FR DOC. 08-3027 Filed 2-12-88: 8:45 ,.m( KILLING COO SSSO-SO-L PHYSICAL TREATMENT PO! Equalisation P09 Other Blending Pll SettiiA(/Clarification P12 Filtration PI3 Sludge Dewatering (oon-chermai) P14 Air Flotation P18 Oil Skimming Pl6 Emulsion Breaking Thermal P17 Emulsion Breaking- Chemical P18 Emulsion Breaking -- Other P19 Other Liquid Phase Separation Pll Adsorption -- Carbon P22 Adsorption - Ion Exchange (other than for recovery/reuse) P23 Adsorption -- Resin P29 Adsorption -- Other P31 Reverse Osmosis (other than for recovery/reuse) P41 Stripping -- Air P42 Stripping - Steam P49 Stripping Other PS1 Acid Leaching (other tnan f >t re-.uvr-ry reuse) PA 1 Solvent Extraction (other than recovery/reuse) Py9 Ocher Physical Treatment RECOVERY'RELSE R01 Reuse as Fuel -- Industrial Kilr RJ2 Reuse as Fuel - Industrial Furnace R03 Reuse as Fuel -- Boner R04 Reuse as Fuel -- Fuel Bier.>::-., R09 Reuse as Fuel -- Other RU Solvents, Organics Recover. it itch Still Distillation Rl2 Solvents/Organics Recovery - Thm-Film Evaporation R13 Solvents,Organics Recovery -"rirtionation R14 $-Ivents, Organics Recovery Solvent Extraction Rl9 Solvents/Organics Recovery - Ut'.-r R21 Metals Recovery -- Electrslyt.c R22 Metals Recovery Son Exchange R23 Metals Recovery - Acid Leacn.ng R24 Metals Recwcry -- R-v- -e O-ur'- R26 Metals Recovery -- S-.tv-nt F<'- . R39 Metals Ref-very --Of.er R99 Other Reue or R-- v-ry ABD00292002 SARA, TITLE III: The Continuing Story EPA Publishes Changes to Key Requirements BY PETER M. MATONIS, PH.D. & BARRY H. JORDAN hose of you affected by Final changes to toxic release re SARA, Title III have a few porting rule and Form R: Tmore documents to read 53 FR 4500-4554, Feb. 16, 1988 thanks to recent actions by Proposed deletion of titanium diox the U.S. Environmental ide from toxic chemicals list: Protection Agency (EPA). As So3f tFhRe 5004-5008, Feb. 19, 1988 Final Rule published in the FedFerinalal Deletion of 36 Substances Register on February 16, the agency from EHS list: has: (1) established changes for toxic 53 FR 5574-5576, Feb. 25, 1988 release reporting and for filling out The last two deletion actions are Form R under 313; (2) deleted 36 straightforward and offer some insight substances from the 311 list of "Ex into EPA's statutory powers under tremely Hazardous Substances"; and Title 111. The most significant and far (3) proposed to delete titanium diox reaching Agency action relates to the ide from the 313 list of toxic chemi rule applying to toxic chemical release cals. reporting and Form R. This will be We will summarize these actions the main focus of our discussion. here, but as always, there is no substi tute for the originals. Make sure you Deletions from the EHS List have copies of the following Federal When EPA published the list of Registers: 402 "Extremely Hazardous Sub stances" in November 1986, the Agency proposed to delete 40 sub stances from the list because they did not meet the criteria for acute toxicity. EPA is authorized to revise the list based on analyses of the "toxicity, reactivity, volatility, dispersability, combustability, or flam mability of a substance." In April 1987, the Agency an nounced that it was deferring the proposed delisting in response to public comments that such action would be premature and inconsis tent with the statutory requirement to consider both short-term and long-term health effects from short term exposure prior to any delisting action. In an interesting twist, the District Court of the District of Columbia in November 1987 ordered EPA to re move four of the 40 substances orig inally proposed for deletion. The four substances are bacitracin, dibu tyl phthalate, dimethyl phthalate and dioctyl phthalate. The Court ruled that the substances should not have been on the list in the first place due to EPA's explicit recognition that they did not meet the criteria for inclusion. In effect, the Court ruled that EPA is not required, nor is it even autho rized, to consider long-term toxicity prior to removing the four sub stances from the list. EPA determined that the Court's reasoning in the ruling extends to the other 36 chemicals as well and, therefore, published the February 25, 1988 final rule removing the sub stance from the list. (See accompa nying table of the delisted sub stances, p.34.) Toxic Chemical Reporting Section 313 of Title III requires certain facilities exceeding "thresh old" amounts of listed toxic chemi cals to report annually their releases of these toxic chemicals. No section of Title III has a greater impact on American industry. In June 1987, EPA published a proposed rule cov ering this reporting. The final rule published in February 1988 includes several significant changes and new provisions along with many pages of complicated "supplemental informa tion." Due to space limitations, we cannot hope to cover these items in detail here. We will, however, at tempt to highlight the most impor- 32 Hazardous Waste Management Magazine/April 1988 ABD00292003 INDUSTRY N-E-W-S BUSINESS TIPS BUSINESS TIPS (Continued from page 14.) Landlords May Bear Brunt of Tenants' Hazardous Waste Accidents Commercial landlords may find themselves paying first and recovering costs later when their tenants are responsible for hazardous waste accidents, according to a real estate attorney specializing in environmental law. "The government is more concerned with quickly correcting an actual, or even threatened, release of hazardous materials than with whom is at fault," said Robert D. Infelise, a partner with the real estate law firm of Cox, Castle & Nicholson in Malibu, CA. "Govern mental agencies may turn immediately to both the landowner as well as the operator/tenant when an acci dent occurs or contamination is discovered. If not totally prepared when it enters into negotiations with the regu lators, an innocent landlord could find himself paying for part or even all of the clean-up costs." CERCLA requires a landlord to meet two important criteria to avoid liability. Owners must prove that they exercised "due care" in attempting to prevent acci dents, and that the accident was not foreseeable. "The best defense, therefore, is a good offense, and it should begin with an extensive soils report when proper ty is purchased or foreclosed on," Infelise said. "The landlord also should be diligent in enforcing all lease conditions, letting nothing slip through the cracks. Ignor ing what appears to be an insignificant violation may prove to be a landlord's Achilles heel when a major problem arises, and the government knocks at the door," he added. However, a new addition to California state law, effective January 1, 1988, provides commercial property owners with some protection against liability as a result of their tenants' actions. The California Health and Safety Code now serves to void all commercial leases if a tenant uses, and doesn't report to the landlord, potentially hazardous substances on the property. "A hazardous waste accident does not have to be as obvious or of the same magnitude as the Monongahela oil spill to spell trouble to a landlord," said Infelise. "Dry cleaners and restaurants pose as serious a threat as a gas station or oil refinery. A landlord or residential property could even be liable for a bizarre incident such as a tenant operating an illegal PCP lab that explodes in an apartment or rented home." Cox, Castle & Nicholson of Los Angeles and New port Beach counsels major California contractors, trade associations, and financial institutions, and works for many of the nation's largest developers.* Hazardous Waste Management Magazine/April 1988 Hazardous Waste Container The Ultimate in Polyethylene Overpack Steel Drum Containment Generation II Enviropack salvage drums may be safely handled by all known conventional drum-handling devices, such as parrot beaks, hand trucks, and fork lifts. The Enviropack salvage drum has a unique patented column ribbed body design. This design enables Enviropack to be 50% nestable and eliminates flange lines. The Enviropack salvage drum meets rigorous testing requirements of the Department of Transportation title 49 CFR173.3 (c) and has been issued DOT E-9775. Generation II Enviropack with it's double wall cap-lid design allows for uniform sealing and interlocking of tops to bottoms. Essex's new Generation II Enviropack is made from premium Polyethylene that is energy absorbing, durable with superior lowtemperature impact strength. For information or questions you might have concerning Essex Environmental's Generation II Enviropack, please call or write: e. ESSEX ENVIRONMENTAL INDUSTRIES, INC. A SUBSIDIARY OF ESSEX CHEMICAL CORPORATION 10500 TUBE DRIVE HURST, TX 76053-7910 800-423-8188 (except in Texas) Plants located in: Azuza.CA Jacksonville, FL Pittsburgh, PA Fort Worth, TX 817-267-3319 (in Texas only) Circle No. 114 on Reader Service Card 31 ABD00292004 tant aspects of the final rule. Covered Facility In the final rule, EPA interprets the phrase "SIC codes 20 through 39" as relating to the primary SIC code of a multiple establishment fa cility. This primacy is based on the relative value of products shipped or produced in the 20-39 categories as compared to the value of those shipped from the non-manufacturing portions of the facility. The Agency chose not to add fa cilities in other SIC codes at this time, even though several commenters requested additions. The Agency is studying the issue and will propose an amendment in the future. Definition of "Article" EPA has revised the definition of "article" to be more consistent with OSHA's definition by including a provision that the article "does not release a toxic chemical under nor mal conditions of processing or use. . ." Exemptions The final rule adds a new exemp tion 372.38. Under situations and conditions outlined below, the quan tity of a toxic chemical in a mixture or chemical product is exempt from inclusion in the computation of the facility threshold for Form R toxic release reporting under 313. De Minimus Concentrations Non-carcinogenic chemicals be low 1% and carcinogenic chemicals below 0.1% of mixture or chemical product are exempt from inclusion in the facility computation. Articles Toxic chemicals in an article are exempt from the facility computa tion if the article does not release a toxic chemical as a result of process ing or use. Uses Quantities of toxic chemicals are exempt from the facility computa tion if they fall under categories de fined in the rule: use as a structural component of the facility use as a product for routine janitorial or facility grounds mainte nance personal use by employees or use as supplies at a cafeteria, store or infirmary use of products for motor vehi cle maintenance use of toxic chemicals present in process waters and non-contact cooling water drawn from the envi ronment or municipal sources or in air used as compressed or as part of combustion. Toxic Chemicals Used in Laboratories Toxic chemicals used in labora tories under the supervision of a technically qualified individual (as defined by EPA) are exempt from the facility computation. The ex emption does not apply to specialty chemicals production, pilot plant scale operations or activities con ducted outside the laboratory. Exemption of Certain Owners and Operators With regard to the complex own er/operator relationships, EPA has ruled that only those owners of property "who have no business in terests in the property other than real estate" are exempt from the toxic chemical reporting require ment. EPA has ruled that, in a multiple establishment facility (such as an industrial park), when the compa nies have no common corporate or business interests, the operator should treat the establishment it op erates as a facility for purposes of toxic release reporting. Supplier Notifications An important new section has been added to the final rule: "Sup plier Notification Requirement (Sub part C, 372.45)." This notification requirement will enable users of chemical products to assess more realistically their toxic release re quirements using MSDS data. This section requires suppliers of chemicals to notify manufacturers (SIC codes 20 through 39) in writing including: (1) a statement that the mixture or trade name product con- ECOVA CORPORATION: ON-SITE SOLUTIONS FOR THE CLEANUP OF TOXIC AND HAZARDOUS WASTE Management, design, implementation. We combine chemical, physical, and biological approaches to solve toxic and hazardous waste problems. We remediate . . . On-site . . . Permanently . .. Cost-effectively. Take advantage of our expertise in site assess ment, microbiology, along with hydrogeology/ geology, process engineering, and chemistry with complete site management. Our Services Include: Soil and groundwater remediation Biological treatment technologies Mobile on-site incineration Complete in-house analytical chemistry laboratory Treatability Studies -- in the laboratory or pilots in the field ECOVA ;:p3 Team up with ECOVA and proceed with confidence. Washington (206) 883-1900 Texas (214) 446-0313 New York (212) 840-1042 California (408) 354*8230 1-800-548-3668 3820 159th Ave. N.E., Redmond, WA 98052 Circle No. 121 on Reader Service Card Hazardous Waste Management Magazine/April 1988 33 ABD00292005 Appendix A-The List of Extremely Hazardous Substances and Their Threshold Planning Quantities [Alphabetical order] Appendix B--the List of Extremely Hazardous Substances and Their Threshold Planning Quantities. [CAS Number Order] CAS No. Chemical name 16919-58-7 98-09-9 106-99-0 109-19-3 111-34-2 2244-16-8 107-20-0 7440-48-4 117-52-2 267-92-3 633-03-4 8023-53-8 93-05-0 646-06-0 2235-25-8 1335-87-1 53-86-1 10025-97-5 108-67-8 7440-02-2 65-86-1 20616-12-0 76-01-7 87-86-5 84-60-0 10025-65-7 13454-96-1 1331-17-5 95-63-6 10049-07-7 128-56-3 1314-32-5 21564-17-0 640-15-3 52-68-6 3048-64-4 Ammonium cMoroplatmate. BenzenesuKonyl chloride. Butadiene. Butyl isovalerate. Butyl vinyl ether. Carvone. Chioroacetafdehyde. Cobalt. Coumafury*. Cyclopentane. C.i. basic green 1. DicWorobenzalkonium chloride. Diethyl*p>phenytenediamirte. Dioxolane. Ethylmercuric phosphate. Hexachloronaphthalene. Indomethacio. iridium tetrachloride. Mesitylene. Nickel. Orotic add. Osmium tetroxide. Pentachloroethane. Pentachlorophenot. Phytloqulnone. Platinous chloride. Platinum tetrachloride. Propylene glycol, ally) ether. Pseudocumene. Rhodium trichloride Sodium antraquinone-1 -suHonate. Thaliic oxide. Thiocyanic acid. 2-(benzothiazotyithio)methyi ester. Thiometon. Trichiorphon. Vinylnorbornene. CAS No. Chemical name 52-68-6 53-86-1 65-86-1 76-01-7 84-80-0 67-86-5 93-05-0 95-63-6 98-09-9 106-99-0 107-20-0 108-67-8 109-19-3 111-34-2 117-52-2 128-56-3 287-92-3 633-03-4 640-15-3 646-06-0 1314-32-5 1331-17-5 1335-87-1 2235-25-8 2244-16-8 3048-64-4 7440-02-2 7440-48-4 8023-53-8 10025-65-7 10025-97-5 10049-07-7 13454-96-1 16919-58-7 20816-12-0 21564-17-0 Trichiorphon. Indomethacin. Orotic AcJ. Pentachloroethane. Phyltoquinone. Pentachlorophenol. Diethy-p-phenylenediarrune. Pseudocumene. BenzenesuKonyl chloride. Butadiene. Chloroacetaldehyde. Mesitylene. Butyl isovalerate. Butyl vinyl ether. Coumaturyi. Sodium anthraquinone-1-6ulfonale Cyclopentane. C.I. basic green 1. Thiometon. Oroxoiane. Thaliic oxide. Propylene glycol, allyt ether. Hexachloronaphthalene. Elhyimercuric phosphate. Carvone. Vinylnorbornene. Nickel. Cobalt. Oichlorobenzalkontum chloride. Platinous chloride. iridium tetrachloride. Rhodium trichloride. Platinum tetrachloride. Ammonium chloroplatmate. Osmium tetroxide. Thiocyanic acid. 2-(benzothiazofylthio)methyl este tains one or more toxic chemicals subject to the reporting require ments of 313 and (2) the name of each toxic mixture or product. These notifications must be at tached to or otherwise incorporated into the MSDS for products or mix tures and be made in accordance with a series of deadlines spelled out in the rule. The notification is not required if the de minimus or article exemptions apply or the product or mixture meets specific OSHA MSDS exemptions. Changes to Form R The final rule includes several changes to the Toxic Chemical Re lease Form R: Technical and Public Contacts EPA has decided that the "techni cal contact" on the form does not have to work at the geographic loca tion for which the report is submit ted." This contact can work at the facility, work at another location for the same company, or be a consul tant. Information about the technical contact will not be included in the public database. In response to recommendations received during the comment period on the proposed rule, EPA is requir ing that a "public contact" be identi fied on the form and listed in the public data base. This "public con tact" may be the same as the techni cal contact. Range of Reporting Although the Agency does not include a small business exemption, the rule does offer some relief to users of relatively small amounts of toxic chemicals. Facilities may use "range of re porting check boxes" on the Form R for releases of less than 1,000 pounds per year of a toxic chemical to an environmental medium. This provision is effective only for reports covering calendar years 1987, 1988. and 1989. Latitude and Longitude Information The form now includes a' phased in requirement to provide the lati tude and longitude of facilities. This information must be included in re ports due by July I, 1988 (covering 1987) for facilities that have the in formation "readily available." The information, however, must be in cluded in all forms submitted by July 1. 1989 (covering 1988). In the Federal Register discussion of issues, the Agency states "the primary reason for asking for this information is its importance for geographic information systems. These computer-based systems en able EPA and other organizations to model exposures resulting from chemical releases and produce graphic representations of such ex posures." Underground Injection A specific line on the form now specifies information about under ground injection. Trade Secret Claims The final rule allows the respon dent to develop its own generic chemical name for use on the Form R in cases where the specific chemi cal identity is claimed trade secret, rather than use a pre-defined generic name, as had been proposed earlier. The generic name must be structur ally descriptive of the chemical. Other Form R Changes Provision to report based on generically identified mixtures or trade names in certain situations Changes in the "release to wa ter" section and the inclusion of storm water run-off information Deletion of proposed columns indicating 304 releases or a permit applied to releases Addition of a new section to report off-site transfers of toxic chemicals in wastes New provision to report se quential waste treatment Retention of the waste minimi zation section, with a three-year sunset provision. Inclusion of a perforated sup plemental information sheet 34 Hazardous Waste Management Magazine/April 1988 ABD00292006 The Final Rule increases reporting requirements and cost. A Final Note on Public Availability Summary The recent developments summa rized here impact everyone covered by Title III. EPA's own analysis indicates that the final rule will great ly increase the number of required reports and result in higher costs than the rule proposed. You owe it to yourself to examine these new requirements to see just how great their impact will be. And remember, the July I, 1988 Toxic Release re porting deadline, covering calendar year 1987, is not far off. The story continues. ABOUT THE AUTHORS Peter M. Matonis, Ph.D., is Tech nical Vice President of Environmen tal Testing and Training Co., Seekonk, MA. Barry H. Jordan is President of Jordan Communica tions, Inc. Dr. Matonis and Mr. Jor dan have combined their chemistry and communications skills in ChemCom III, a unique training and com pliance service for companies affect ed by emergency planning and community right-to-know require ments. Title III requires EPA to establish and maintain a national toxic chemi cal inventory based on Form R re porting. The inventory will be in a computer data base accessible to the public. EPA is now reviewing op tions to "determine which set of products and services will provide the most feasible and widest dissem ination of the toxic chemical inven tory to the public." Look for the database to be made public in early 1989. Proposed Deletion of Titanium Dioxide from the Toxic Chemical List The February 16 final reporting rule codified the 313 list of toxic chemicals. The final list was identi cal to the list in the June 1987 pro posed rule. Three days later, howev er (February 19, 1988). EPA proposed to delete titanium dioxide from the list. The Agency's action was in response to three petitions from industry. The petitions assert ed that titanium dioxide fails to meet any of the statutory criteria in 313(d) of the Act. This section man dates listing of chemicals that cause, or can be expected to cause, acute human health elfects, cancer, birth defects, or other chronic health ef fects or because of toxicity, persis tence or a tendency to bioaccumu late and cause adverse environmental effects. Titanium dioxide, a commonly used filler in paint, paper, and plastic products, is not included on any other EPA list. EPA will make a final determination on the delisting of titanium dioxide after reviewing comments submitted by March 15, 1988. Other chemicals on the 313 list may be candidates for such de- listing petitions. I Moist Cake Can't Hold A Candle To Ours When it comes to lagoon, tank bottom, or other dewatering projects, moist cake just isn't good enough. That's why O.H. Materials Corp. gives its clients a contractual guarantee lor filter cake dryness. OHM provides complete mobile dewatering services, including: Site evaluation Sampling and analysis Auger barge pumping (.5 to 60% solids) Proprietary sludge pretreatment methods Plate-and-frame filter press dewatering Oil, solvent, and other product recovery Closure Reconstruction/retrofitting Maintenance OHM dewaters all common sludges and specializes in those that are hard to handle, including: Oil and refinery sludges Pulp and paper sludges Chlorinated organic sludges Metal hydroxide sludges Creosote sludges API separator sludges OHM's dewatering services assure clients of dry filter cake with a high solids content, which means maximum volume reduction. Volume reduction translates into substantial savings on transportation and disposal. And that beats moist cake any day. For an analysis of your sludge's dewatering potential, call Customer Service at 800-537-9540 (in Ohio 600-537-5660), or write to O.H. Materials Corp., 16406 U.S. Route 224 East, Findlay. OH 45640. O.H. Materials Corp. A Subsidiary of Environmental Treatment and Technologies Corp. The Environmental Services Company Circle No. 122 on Reader Service Card Hazardous Waste Management Magazine/April 1988 35 ABD00292007 CTATE REGULATORY TRENDQ BY JOHN R. CASHMAN ILLINOIS A $15 million cleanup of the LaSalle Electrical Utili ties National Priorities List site in Illinois that will involve soil sampling, laboratory analysis, excavation, restoration, mobilization of incineration equipment, and incineration of contaminated soils is expected to begin in March and be completed by late 1989. The prime contractor is Westinghouse Electric Corporation. MINNESOTA In Minnesota, the Minnesota Waste Management Board (WMB), which is overseeing a program to devel op a waste stabilization and containment facility in the state, has endorsed a recommendation by its staff to seek legislative changes that would allow greater state involvement in the ownership of the facility, meaning that the facility would meet Minnesota's stricter require ments than federal standards, including the amount of out-of-state waste accepted. Under the existing legisla tion, the state would purchase property for the facility and lease the property to a private firm, which would own and operate the plant. For the past two months, the WMB staff has been negotiating with two teams of companies: International Technology, Inc. and ChemSecurity Limited (IT/CSL) and Aptus/Westinghouse. LOUISIANA In Louisiana, environmental advisors to Governorelect Buddy Roemer are recommending a $25 million budget increase for the state's Department of Environ mental Quality now funded at approximately $20 million a year. Specifically with regard to hazardous wastes, newly recommended measures would: Allow the attorney general's office to initiate en forcement actions Create a $5 million "Superfund" to clean up aban doned hazardous waste sites Increase the budget of DEQ's inactive and aban doned sites program Permit public review and comment on all clean-up plans for hazardous waste sites Initiate more aggressive programs to assess and clean up abandoned oil field and solid waste sites Make it a crime for corporate managers to knowing ly allow a plant to operate outside required environmen tal parameters for in excess of one hour Allow recovery of legal fees by citizens who suc cessfully sue to enforce environmental laws. In another Louisiana matter, as a result of a lawsuit initiated in 1986, 54 companies that generated hazardous waste which ended up at a disposal site outside Bayou Sorrel in Iberville Parish will initially pay $20 million to contain (not to remove or clean up) wastes on-site. Additionally, the companies will pay a total of $800,000 split 75/25 between federal and state governments for past response costs, plus a further $1.8 million to the U.S./Louisiana for future oversight expenses. In 1978, a truck driver unloading a tank truck into a pit on this site died from inhalation of toxic fumes. 36 OHIO The Director of the Ohio EPA has requested that the state attorney general take legal action against a CECOS International hazardous waste landfill because company officials in a "deliberate and inexcusable" manner failed to follow an approved plan for closing one portion of the site. Regarding another matter, in the first case in Ohio to be settled against an industry for violating state pretreat ment rules, JPI Transportation Products in Bellefontaine is being assessed a civil penalty of $62,500 for past violations of water pollution regulations. Of further interest, any waste generator in Ohio can obtain technology, materials, and information from the state's official waste minimization service, "OTTO," (Ohio Technology Transfer Organization) which pro vides a link to 32 trained agents at 24 two-year colleges and four universities within the state. Through access to commercial data bases, federal laboratories and univer sity faculties and libraries plus other resources; the OTTO network can address and respond to a wide range of questions pertaining to waste management running the gamut from legal and regulatory issues to engineer ing/disposal/safety. Call OTTO at (614) 466-4286, the Ohio Department of Development. Ohio Governor Celeste announced in mid-February an agreement between Wright Patterson Air Force Base and the state under which Air Force officials will drop their appeal of administrative orders issued by the Ohio EPA, and conduct a comprehensive study leading to the cleanup of at least 30 old waste disposal areas located on the base. All 17 drinking water wells at the Wright Patterson complex have been found to contain chemical contamination; the same aquifer that supplies the air base wells is the source of the drinking water for Dayton and Fairborn. Initial studies conducted by the military indicate a range of hazardous wastes, including industri al solvents, lab chemicals, acids and lead sludges that were improperly disposed of on-base from the 1920s through at least 1973. Ohio has filed a number of lawsuits against federal facilities, including the Feed Materials Production Center in Femald. In addition. Ohio officials have testified before the U.S. Congress regarding environmental problems at the federal urani um enrichment facility in Piketon, and the Mound Research Facility at Miamisburg. VERMONT Vermont has drafted proposed new rules which would limit approximately 200 chemical pollutants that could be released into the atmosphere by industries within the Green Mountain State. At the present time, the federal government regulates only six airborne releases. Offi cials estimate there are approximately 600 potential emission sources within the state, and that some 300 chemicals are discharged from plants. Proposed rules would consider "action levels" (emission levels from smokestacks that could have a significant impact on air Hazardous Waste Management Magazine/April 1988