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ABD00048297 Thursday October 15, 1987 R to Part IV Environmental Protection Agency 40 CFR Part 370 Emergency and Hazardous Chemical Inventory Forma and Community Rightto-Know Reporting Requirements; Final Rule ABD00048298 i 38344 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations ENVIRONMENTAL PROTECTION information must be submitted annually I. Introduction AGENCY beginning March 1.1989). A. Statutory Authority 40 CFR Part 370 AODRESS: The record supporting this rulemaking is contained in the These regulations are issued under (FRL 3251-9] Superfund Docket located in Room Title ill of the Superfund Amendments Lower Garage at the U.S. Environmental and Reauthorization Act of 1986 (Pub. L. t 4 Emergency and Hazardous Chemical Inventory Forme and Community Rlght-to-Know Reporting Protection Agency. 401 M Street SW., Washington. DC 20460. The docket is available for inspection by appointment 99--499), ("SARA" or "the Act"). Title III of SARA is known as the Emergency Planning and Community Right-to-Know Requirements only between the hours of 9:00 a.m. and Act of 1986. agency: Environmental Protection Agency (EPA). 4:00 p.m.. Monday through Friday, excluding federal holidays. The docket phone number is (202) 382-3046. As B Background 1. Superfund Amendments and action: Final rule. provided in 40 CFR Part 2. a reasonable Reauthorization Act of 1986 (SARA) summary: Section 312 of the Superfund fee may be charged for copying services. On October 17,1986. the President Amendments and Reauthorization Act of I960 (SARA), signed into law on October 17,1986, required the Administrator to publish a uniform format for emergency and hazardous chemical inventory forms within three months. Under sections 311 and 312 of SARA, facilities required to prepare or have available a material safety data sheet (MSDS) under the Occupational FOR FURTHER INFORMATION CONTACT. Kathleen Brody. Program Analyst Preparedness Staff, Office of Solid Waste and Emergency Response, WH582A. U.S. Environmental Protection Agency, 401 M Street SW.. Washington, DC 20460, or the Chemical Emergency Preparedeness Program Hotline at 1(600) 535-0202. or in Washington. DC at (202) 479-2449. signed into law the Superfund Amendments and Reauthorization Act of 1986 (SARA), which revises and extends the authorities established under the Comprehensive Environmental Response. Compensation and Lability Act of 1980 (CERCLA). Commonly known as "Superfund." CERCLA provides authority for federal clean-up of sites where hazardous * Safety and Health Act (OSHA) and ita implementing regulations must submit SUPPLEMENTARY INFORMATION: The contents of today's preamble ars listed materials have been deposited or released and for response to releases of the MSDS and the inventory forms to in the following outline. hazardous substances or other local and State officials. These reporting provisions give public access to information on hazardous chemicals present in the local community for a wide variety of uses including emergency response and environmental and public health planning priorities. Today, EPA publishes a revision of the form for inventory reporting based on I. Introduction A. Statutory Authority B. Background 1. Superfund Amendments and Reauthorization Act of 1988 (SARA) 2. Title HI 3. Subtitle B U. Summary of tha Public Comments on the Proposed Rule contaminants. Title III of SARA establishes new authorities for emergency planning and preparedness, community right-to-know reporting, and toxic chemical release reporting. 2. Title lU m Title ID of SARA, also known as the Emergency Planning and Community public comment received on the January IQ. Summary of Revisions to the Proposed Right-to-f6iow Act of 1986, is intended 27,1967. proposal and the July 14.1967. Rule to encourage and support emergency notice reopening the comment period on IV. Response to Major Public Comments planning efforts at the State and local several Issues. EPA is also publishing the final rules for reporting under A Definitions & Reporting Thresholds levels and to provide citizens and local governments with information sections 311 and 312. C. Submission of Material Safety Data concerning potential chemical hazards iFFiCTtva dates: This rule becomes Sheets present in their communities. effective on October IS. 1987. Other D. Hazard Categories Title III is organized into three dates relevant to this rule include the following: 1. Initial submission of material safety data sheets or alternative list: October 17,1987 (or 90 days after the owner or operator of a facility is required to prepare or have available an MSDS for a hazardous chemical under OSHA regulations, whichever is later For E. Mixtures F. Public Access to Information C. Trade Secrets and Confidentiality H. Design and Content of Forms L Integration of Title HI Federal Requirements with State and Local Programs J. Information Management K. Regulatory Impact Analysis L Miscellaneous subtitles. Subtitle A establishes the framework for State and local emergency planning. Final rules for facilities subject to Subtitle A requirements were published on April 22.1987. 52 FR 13378. Subtitle B provides the mechanism for community awareness concerning hazardous chemicals present in the locality. This facilities newly subject to OSHA MSDS V. Relationship to Other EPA Programs information is critical for effective local requirements in May 1988, MSDS or A. Other Title HI Programs contingency planning. Subtitle B .-i; alternative lists will be due in August 1988). 1. Subtitle A -- Emergency Planning 2. Subtitle B -- Section 313 Emissions includes requirements for the submission of material safety data 2. Initial submission of the inventory Inventory sheets and emergency and hazardous form containing Tier I information: 3. Trade Secrets chemical inventory forms to State and March 1.1988 (or March 1 of the first B. CERCLA Reporting Requirements local governments as well as the year after a facility is required to VI. Effective Date submission of toxic chemical release prepare or have available an MSDS for VII. Regulatory Analyses forms to the States and EPA. Subtitle C that hazardous chemical under OSHA A. Regulatory Impact Analysis contains general provisions concerning regulations, whichever is later For B. Regulatory Flexibility Act trade secret protection, enforcement, \4 facilities newly subject to OSHA MSDS C. Paperwork Reduction Act citizen suits, and public availability of^^ requirements in May 1988. Tier I VIII. Submission of Reports information. ABD00048299 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1907 / Rules and Regulations 33345 2. Subtitle B Subtitle B of Title HI is primarily concerned with providing information to appropriate local. State, and federal officials on the type, amount, location, use. disposal, and release of chemicals at certain facilities. Subtitle B contains three reporting provisions. Section 311 requires the owner or operator of facilities subject to the Occupational Safety and Health Act of 1970 (OSHA) and regulations promulgated under that Act (IS US.C. 631 et seq. as amended. 52 FR 31652 (August 24.19671) to submit material safety data sheets (MSDS). or a list of the chemicals for which the facility is required to have an MSDS. to the local emergency planning committees. State emergency response commissions, and local fire departments. The facilities are required to submit the MSDS or alternative list by October 17.1987. or three months after the facility is required to prepare or have an MSDS for a hazardous chemical under OSHA regulations, whichever is later. Information collection requirements are approved by Office of Management and Budget under control number 20500072.) Under section 312. owners and operators of facilities that must submit an MSDS under section 311 are also required to submit additional information on the hazardous chemicals present at the facility. Beginning March 1.1988. and annually thereafter, the owner or operator of such a facility must submit an inventory form containing an estimate*! the maximum amount of Hazardous chemicals present at the' facility during the preceding year, an estimate of the average daily amount of * hazardous chemicals at the facility, anda the location of these chemicals at the* .facility.Section 312(a) requires owners or operators of such facilities to submit the inventory form to the appropriate local emergency planning committee. State emergency response commission, and local fire department on or before March 1.1988 (or March 1 of the first year after the facility first becomes subject to the OSHA MSDS requirements for a hazardous chemical) and annually thereafter on March 1. Section 312 specifies that there be two reporting "tiers" containing information cn hazardous chemicals at the facility in different levels of detail. "Tier 1," containing general information on the amount and location of hazardous chemicals by category, is submitted annually. `Tier II.'* containing more detailed information on individual chemicals, is submitted upon request. A proposed rule setting forth sections 311 and 312 reporting requirements and forms for inventory reporting under section 312 was published on January 27.1987. 52 FR 2836. Additionally, on (uiy 14.1987. EPA announced reopening of the comment period on three issues raised during the initial rutemaking and held a public meeting on those issues. 52 FR 28357 (July 14,1987). Today's rule finalizes the reporting requirements and the inventory forms, which have been revised based on public comment. Section 313 requires that certain facilities with ten or more employees that manufacture, process, or use a "toxic chemical" in excess of a statutorily-prescribed quantity submit annual information on the chemical and releases of the chemical into the environment. This information must be submitted to EPA and to the appropriate State offices annually beginning on July 1,1988. EPA is required under section 313(i) to establish a national toxic chemical inventory database for the management of these data. A proposed rule setting forth section 313 reporting requirements and a form for submission of such reports was published on June 4. 1987. 52 FR 21182. The public has access to most Title III information at locations designated by the Administrator, the State emergency response commission, or local emergency planning committee, as appropriate. U. Summary of the Public Comments on the Proposed Rule A total of 241 letters was received on the proposed rule setting forth sections 311 and 312 requirements and an additional 94 letters following the notice of the reopening of the comment period on July 14.1987. There were a number of comments requesting clarification of terms and exemptions provided in the rule. Specific comments focused on the definition of "facility" and the need for clarification of the exemptions that are applicable to the definition of "hazardous chemical.'* particularly the exemptions related to research laboratories, household products, and solids. There were numerous comments on the proposed reporting threshold: these focused on the appropriate length of phase-in. appropriate reporting threshold quantities in each year, and the threshold for the extremely hazardous substance list. Many related comments identified the need for funds to implement these reporting requirements. Another issue commonly addressed by commenters was the need to reduce the number of physical and health hazard categories by which the MSDS list and Tier I and Tier 11 submissions are compiled. There were also comments on the design and content of the reporting forms. Other major issues were the need for integration of the federal reporting requirements into existing State and local programs and flexibility for effective implementation by State and local governments. Other comments addressed information management, the economic analysis and small business analysis, confidentiality of information, and enforcement and penalties. 111. Summary of Revisions to the Proposed Rule This section describes the significant changes that EPA has made to sections 311 and 312 reporting regulations based upon the public comments on the proposed rule. The following summary, which is organized according to the sections of the rule, describes each of the changes. Section 3702 Definitions Under section 311. an alternative to submitting the actual MSDS for each "hazardous chemical" at a facility is the submission of a list of such chemicals, grouped in "categories of health and physical hazards'* as set forth under OSHA or its implementing regulations. Section 312 specifies that these categories should also be used in Tier I inventory reporting. EPA is authorized under these sections to alter these hazard categories. The proposed rule required use of the OSHA hazard classification but solicited comment on several other options for establishing hazard categories. Based on the numerous comments requesting modifications oj^,. the categories in the proposed nileL<EPA hasconsuUdatedjheiff OSHA~hazard r xategories into Five categories, aa^ X discussed in more detail in Section IV.D. of this preamble. A definition for "hazard category" has been added to indicate the hazard classification to be used for Tier I and Tier 11 reporting and when the alternative list of chemicals rather than MSDS is submitted under } 370.21 of the rule. Definitions of "extremely hazardous substance" and "threshold planning quantity" (TPQ) have also been added because of the reference to these terms in the minimum threshold regulation. Additionally, "present in the same form and concentration as a product packaged for distribution and use by the general public" is defined to help clarify ABD00048300 313gfl Fsctotal Register / Vol. 52, No. 199 / Thursday, October IS, 1987 / Rules and Regulations the "household product" exemption. EPA also eliminated the reference to 40 CFR Part 300 for additional definition of terms, since all necessary terms ere now defined in Parts 350 and 370. Finally, EPA eliminated die definition on "Act" because that term does not appear elsewhere in the regulations. Section 37020 Applicability Several changes were made to this section based on public comment First EPA has revised the threshold levels for reporting, as discussed in moredetail in Section IVJ6. of this preamble. EPA has revised the rule to raise the threshold in the second year and to establish threshold of 800pounds or the TPQ, whichever is leas, for extremely hazardous stibotences. (For list ol extramaly hazardous substances. tea 82 FR13378 (April 22.1967), to ba codified at 49 CFR Part 33&) Section 37020 of the final tub has bean revised to reflect thnsn rhenges Several amnnenters requested clarification on whether the threshold applies to the calender year or to the year preceding October 17. Hie final rule wae modified to delete reference to year in order tomake dear that MSDS repotting on October 17.1987. is to be made for chemicals present at or above the threshold on that date. With regard to inventory reporting, f 37025 has been modified to make dear that reporting is for the preceding calender year aa spedfied under Section 312. In addition, the rub has been clarified by setting out the threshold aa they apply to MSDS reporting, Inventory reporting, end fadhtiee that become subject to these requirement* after October 17.1987. Section3702t MSDSReporting In re^anee to a request for clarification regarding reporting of mixtures under the MSDS list reporting. S 3702Kbtfiii) has bean modified to The titfo of mbsaction (c) of 1370.21 has bean changed from "update reporting'* to "suppbmantal reporting" to reflect more accurately the content This paragraph has alto been modified to require that revised MSDS be submitted not only to tbs committee as indicated in the proposed nib. but also to the commission and the fire department This change was made to ensure accuracy of the files bald by these entities. Section 37021(d) has been revised to darify that facilities must respond to all requests for MSDS. including requests for MSDS below the threshold and MSDS for listed chemicals. Section 37025(c) of the final rule indicates that the Tier II form must be submitted to the commission, the committee, and the fire department upon the request of such entities. In the proposed rule, the commission was omitted erroneously. Section 37028 Mixtures Section (a) baa been modified to indicate that reporting of mixtures under If 37021 and 37028 should ba consistent "where practicable." This was done because one commenter pointed out that consistency in reporting may not always ba possible: e.g,, the percentage of the hazardous the hazardous chemical therein. If the reporting is on the mixture itself, the total quantity of the mixture must be reported. Sections 370.40 and 370.41 Inventory Forms As discussed in Section IVX of this preamble, several commenters sought clarification on the extent to which State or local forma similar in purpose and content could be used in lieu of the form published under taction 312. Because facilitieswill need some certainty in meetingtheir repotting obligations. EPA is deriving the rub to indicate that the forma published today art to be considered uniform formats for reporting. However. State or local governments may add supplemental questions. New || 370.40(a) and 37041(4) addraas this iseue in the final rule. This section has also been revised to correct an error in the proposed rulemaking that indicated that the TlerU form must ba submitted to EPAJMMB7 In response to several comments concerning the average daily amount EPA has changed the method of calculating this figure. The commenters' primary concern was the EPA's proposed method of calculation would create misleadingly low figures for chemicals that ere present on-site for only short periods of time. reneetthe amount more accurately, however. EPA will require facilities to report the number of days used in the calculation. Although several commenters requested that EPA eliminate the requirement for a 24-hour emergency contact the Agency has retained this requirement with minor changes, as discussed In Section IV.H. of this preamble. The final forms for both Tier I and Her n have space for two emergency contacts and contain amended instructions that allow the naming of an office, instead of an Individual as a contact After considering numerous comments about the certification statement EPA has deleted the word 'Immediately" from the proposed Her f and Tier n certification statements, b b paessnt fafFS tba rteamsMt Indicates that the pans* rtgnfcfhaa sand aU the Inhwtien b tbs towntcey and baa i a supervisory cafiMbp'-^bsftiyet tadirectiy--for the EPA made several other minor changes in both the Her I and Her IT forms. The revised forms include the correct 0-2-1 block format forCAS numbers and a 4-block format for SIC codas. The revised instructions include an explanation of where a facility can find its Dun 8 Bradstreet number, a clarification of the reporting of CAS numbers of mixtures, a statement of the thresholds promulgated by the regulations; and a clarification that those thresholds apply to the calender year preceding the reporting deadline. Additionally, the instructions forthe forms have been modified to differentiate between Htb in and OSHA exemption, including the supplementary OSHA exemptions that apply under the newly revised hazard communication standard. In response to numerous comments. I regarding the location Identification system on the Her II form, the Agency has clarified that the building and tot ba indicated, at a minimum, and has added the option of providing a brief narrative statement of location to flit site plan and site co-ordinates options. EPA has removed the 3-space site co-ordinate abbreviation and added a blank Una to provide mem space for this narrative description. Minor changes made to the Her U form also include more apace for the chemical name. In addition, coda 6 of the temperature and pressure codes ("less than ambient temperature") was ^ revised slightly to avoid overlap ABD00048301 R Fjdgwj_Rglster / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations 38347 between code 6 and code 7 ("cryogenic conditions"). IV. Reponses to Major Public Comments A document summarizing the comments and providing EPA's responses to all the public comments is available in the public docket to this final rule. The major issues raised by the commenters and the Agency's response to them are described below. A. Definitions 1. "Facility" Several commenters requested a clarification of the general definition of "facility" for purposes of Title m Commenters requested that the term be limited to manufacturing, distribution, and storage facilities, or to operations required to prepare or have available an MSPS rather than the whole site. Other commenters asked the Agency to clarify whether the term excludes motor vehicles, rolling stock, and aircraft Additional comments questioned whether the term "facility" includes non-adjacent warehouses and contractors who bring hazardous materials onto a plant site. In both the proposed and final rules. KPA has codified the definition of "facility" provided in section 329 of SARA. Section 370.2 provides that for the purposes of these regulations, "facility" means all buildings and other stationary items located on contiguous property under common ownership or control. Certain non-stationary items (motor vehicles, rolling stock, and aircraft) are also considered facilities, but only for the purposes of emergency release notification under section 304 of the Act (codified at 40 CFR 355.40). Thus, transportation vehicles are not "facilities" for purposes of this rule. ('Transportation-related facilities'* under Title 111 are further defined in 40 CFR 355.20.) In response to comments requesting EPA to limit "facility" to manufacturing, distribution, and storage, under Section 329. the term "facility" is not limited to manufacturing, distribution, and storage facilities, or operations required to prepare or have available an MSDS. However, sections 311 and 312 requirements are applicable only to facilities required to comply with the OSHA hazard communication standard, which is currently limited to facilities in SIC codes 20-39. OSHA has recently expanded the application of the hazard communication standard to facilities in the non-manufacturing sector, to be effective over the next nine months. 52 FR 51852 (August 24.1987). With respect to the non-adjacent warehouses, any offsite storage would be considered a separate facility because the definition of "facility" includes only adjacent or contiguous property. With respect to contractors bringing hazardous material on-site, the hazardous material brought to a facility is subject to sections 311 and 312 requirements if the facility is required to prepare or have available an MSDS for the material. Off-site contractors, if subject to OSHA MSDS requirements, will be required to submit MSDS and inventory forms for the material. 2. "Hazardous Chemical" Issues Several commenters believed that federal agencies should develop a common definition of "hazardous substance" and "hazardous chemical" Title IQ uses several different terms to describe related groups of substances. "Hazardous substances" are substances subject to CERCLA provisions and are defined in section 101(14) of that Act "Extremely hazardous substances" are substances subject to the emergency planning provisions of Title 01 and are defined in section 302 of SARA. "Hazardous chemical" comprises the group of substances subject to sections 311 and 312 and is defined as all "hazardous chemicals" as defined under OSHA and its implementing regulations, but with five additional exclusions under section 311(e) of Title III Because all of these groups of substances are specifically defined by statute. EPA is not able to revise the definitions to eliminate all differences among them. However. EPA is attempting to clarify the requirements pertaining to these different types of substances both through the Title III rulemakings and in future rulemakings concerning CERCLA hazardous substances so that any confusion generated by the different definitions is minimized. EPA received numerous requests for clarification of the OSHA definition of "hazardous chemical." Under OSHA's hazard communication standard, "hazardous chemical" is defined as any element chemical compound, or mixture of elements and compounds that is a physical or health hazard. 29 CFR 1910.1200(c). OSHA does not specifically list all of the substances that may be "hazardous chemicals" but provides definitions of hazards, criteria for evaluating hazard information, and sources of information to determine the physical and health hazards of each chemical. Section 311(e) provides five exclusions from this definition. These exclusions are listed under the definition of "hazardous chemical'' under $ 370.2 of this regulation. OSHA regulations also exempt other substances and products from the MSDS requirements, including Resource Conservation and Recovery Act (RCRA) hazardous wastes, tobacco products, wood, and manufactured articles. Because these are not exclusions from the definition of "hazardous chemical" but rather from ihe applicability of the MSDS requirements, these exclusions are not listed under $ 370.2 of the final rule, as requested by a commenter. but are provided in the instructions on the Tier I and Tier II forms. 3. "Research Laboratory" The Agency received numerous comments requesting clarification of the exemption under section 311(e) for chemicale used in research or medical facilities. Section 311(e)(4) of SARA and S 370.2 of the regulations exclude from the definition of "hazardous chemical" any substance to the extent it Is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual EPA believes that this exclusion is designed to exempt facilities where small amounts of many types of chemicals are used, or stored for short periods, that are not hazardous to the general public when administered or used under appropriate supervision. In addition, it Is important to recognize that the exemption applies to the substance used, rather than to the entire facility. Thus, research end medical facilities ere not exempted from reporting requirements under sections 311 and 312; rather, they will not need to provide information on many of their chemicals. With respect to research laboratories. EPA interprets the exclusion to apply to research facilities as well as quality control laboratory operations located within manufacturing facilities. However, laboratories that produce chemical specialty products or full-scale pilot plant operations are considered to be part of manufacturing rather than : research operations and would not be a "research laboratory." EPA has adopted this interpretation of "research laboratories" because it is consistent with the interpretation of "laboratory operations" used by OSHA in enforcing its limited requirements under the hazard communication standard for such facilities. In addition, the Agency believes this definition is consistent with the purpose of this exemption because it confines the exclusion to operations where small quantities of hazardous substances are used for short periods of time under the supervision of highly trained individuals. ABD00048302 Pedant Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations With respect to medical facilities, commeoters requested that EPA exempt veterinary and dental operations and portions of facilities dedicated to medical or first-aid purposes. In contrast, one commenter requested that EPA eliminate the exclusion for medical facilities. EPA does not believe that it has the authority to expand the definition of "hazardous chemical" beyond that provided by Congress in section 311(e) and therefor* cannot eliminate the exclusion for substance* used far medical facilities. However, as noted earlier, the exclusion is not for medical facilities, but is limited to substances used in the facility for medical purposes. In addition, such subetenees must be used under the direct supervision of * technically qualified individuaLA medical facility might also nee or store hazardous,chemicals that an not used for madical purposes under the supendaion of a "technically qualified individual." Such chemicals would be subject In sections 321 end 312 requirements unless excluded under another exemption under section 311 or OSHA. With aspect to the scope of the definition of "medical facility*" EPA believes that the term includes veterinary end dental operations and any portion of a facility devoted to medical treatment. Including first-aid. 4. "Household Products'" Severe) commentere requested clarification of the household product exemption. One commenter specifically requested clarification about petroleum products. Section an(e} exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or householdpurposes, or is present in the same form and. concentration are product packagedfor distribution and oat by the general public. EPA interprets this exclusion to apply to household or consumer products, either In use by the general public or fat commercial or Industrial use when in the same form end concentration as the product intended for use by the public. Becauee the public is generally familiar with such substances, their hazards, and their likely locations, the disclosure of such substances is unnecessary for right-toknow purposes. This exemption Is for genera) household end domestic products, and thus the clearest example of its application is ordinary household products stored in a home or located cm a retailer s shelf. However. EPA believes that this exemption alto applies to such products prior to distribution to the consumer when in the same form and concentration, and to such products when not intended for use by the general public. Thus, the exemption also applies to any substance packaged in the same form and concentration as a consumer product whether or not it is used for the same purpose as the consumer product. In addition, the exemption applies to such products when purchased in larger quantities by industrial facilities if packaged in substantially the seme form as the consumer product end present in the same concentration. The exemption will not apply to substances present in different concentrations from the consumer products even if the substance is only mid in small quantities. la the July 24. 7997. notice. EPA requested comment on thescope of the exemption from the definition of "hnsardous chemical" under section 3ll(e]j for consumer or housebold products. EPA spedfically requested comment on whether the term "form." fat the phrase "presentin the sane form and concentration as t product packaged for distribution end use by the general public" should refer to the packaging of the product or only the physical state. Most commenter* on the notice supported EPA'* interpretation that this exemption would apply to a substance in the tame concentration as the analogous consumer product whether or not it is used for the same purpose or Intended for use or distribution to the general public. Thus, a product labelled "for industrial use only" would qualify for this exemption if it was in the same form andconcentration as the analogous product used by the general public. However* several commenter* disagreedwith EPA's.proposed interpretation that the term "form" refer to the packaging, rather than the physical state, ofthe substance. One commenterargued that the packaging of a product does not usually affect its hazardous properties. EPA disagrees; the packaging of the product not only may affect the hazard presented by a particularsubstance but also will affect the degree to which the public will be generally familiar with the substance, its hazards, and its likely locations. For instance, if "form" refers only to physical state, then the amount of the product present in a container is irrelevant. Thus, a substance may be packaged in small containers when distributed as a household product but transported or stored in bulk quantities when used for other purposes. Even though in the same concentration as the household product, a substance may pose much greater hazards when present in significantly larger quantities. In addition, while the general public may be familiar with the hazards posed by small packages of hazardous materials, they may not be as aware of the hazards posed by or likely locations of the same substances when transported or stored in bulk. As a result, EPA has retained the proposed interpretation of the consumer product exemption as more consistent with the community right-to-know purpose of section 311 and the section 311(e) exemptions. EPA has also added a definition of this exemption to the regulation- On* commenter stated that th* reference to this exemption as th "household product exemption" implies that products used for personal or family purposes butthatwould not normally be considered "household products" are not exempted-However, section 311(e) explicitly refers to substances used for "personal, fondly; os houssbold purposes," end EPA did not intend to imply any limitation on this exemption that would exdude only substances used for household purposes. Concerningthe effect of the exemption. EPA agrees with commentere who suggested that the exemption for consumer products applies even if the owner or operator of the facility must prepare or have available an MSDS for tba substance. The requirements for MSDS submission, both In the statute and under the regulation, apply only to a facility that is required to prepare, or have available am MSDS for a hazardous chemical. ... Because Title U contains exemptions from the definition of hazardous chemical thatdo not occur under the OSHA hazard communication standard, not all MSDS are subject to the MSDS reporting requirement under Tide 11L This is true of all exemption* under section 311(e), not just the household product exemption. With respect to petroleum products, a petroleum product is excluded from the definition of hazardous chemical only when used for personal, family, or household purposee. such ae gasoline in a family motor vehicle, or when the petroleum product is packaged in the same manner ee a product available to the general public, such as a can of motor oil. Certain petroleum products or petroleum-derived materials may also be excluded under section 311(e)(5) when they are used as part of routine agricultural operations or are fertilizers held for sale by retailers. 5. Other Exemptions ABD00048303 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38349 C\ A number of comments dealt with exemptions of specific substances or facility types. With respect to questions concerning the exemption of radioactive sources, non-isoiated intermediates, and scrap steel or steel and metal components. MSDS for these substances are required under Title III only if MSDS are necessary for them under OSHA and they meet the definition of "hazardous chemical" under section 311(e). For example. OSHA requires MSDS for non isolated intermediates, and EPA does not see the need to exempt these substances from reporting. OSHA has not included radioactivity as a hazard to be covered under the HCS. Such hazards would generally be covered under roles of the Nuclear Regulatory Commission or OSHA's radiation rule. Thus, radioactive substances are not subject to reporting under sections 311 and 312. Steel and other similar non-reactive solids are generally exempt from MSDS requirement under OSHA (and thus from sections 211 and 312) when they are article* shaped during manufacture whose end usa depends upon that shape. (See 29 CFR 191011200(b).) Even if subject to the OSHA MSDS requirements, steel and other manufactured solids are excluded from sections 311 and 312 reporting under section 311(e)(2). Other comments concerning exemptions touched on the applicability of these requirements to newspaper producers, general merchandise retailers, and suppliers, dealers, or wholesalers who are not involved in the manufacture, repackaging, or use of hazardous chemicals. Contrary to the commenter*' suggestions that reporting by such facilities would be unnecessary, the Agency does not believe that exemptions for these facilities would bo justified at this time. The basis of community nght-to-know is not simply the risk that the specific facility may pose to a community by virtue of its manufacture, processing, or direct use of a chemical, but rather, the availability of information to the surrounding community concerning the amounts and location of certain substances that are present at a facility. Thus, if newspaper producers or merchandise suppliers, retailers, or dealers use. handle, or store "hazardous chemicals" for which an MSDS is required under OSHA. the public should have access to that information. One commenter sought clarification of whether "storage" includes materials in pipelines and similar transportation systems. Pipelines are part of the transportation exclusion under section 327. which excludes transportationrelated facilities from all requirements under Title III except Section 304 release notification. Thus, materials on pipelines are not subject to the Section 311 and 312 reporting requirements. Several commenters offered recommendations on exemptions in the agricultural area. Section 311(e)(5) is a 2part exemption that excludes retailers of fertilizer from reporting requirements for the fertilizer and also excludes |oy substance when used in routine agricultural operations. EPA believes that this exemption is designed to eliminate reporting of fertilizers, pesticides, and other chemical substances when applied, administered, or otherwise used as part of routine agricultural activities. Fertilizers handled by retailers, even though not directly utilized by such persons for agricultural purposes, are also excluded. Because the general public is familiar with the application of agricultural chemicals aa part of common farm, nursery, or livestock production activities, and the retail sale of fertilizers, there is no community need for reporting of the presence of these chemicals. EPA agrees with the commenter who requested that the agricultural exemption be applied to horticultural growers. The term "agricultural" is a broad term encompassing a wide range of growing operations, not just farms, and includes nurseries and other horticultural operations. In addition, the general public is likely to expect pesticides and fertilizers to be used in such operations. Another commenter would exempt farm supply co-operatives and other retail distributors of agricultural chemicals. Under section 311(e)(5). substances sold as fertilizers would not need to be reported under sections 311 and 312 by retail sellers because such substances are not "hazardous chemicals." However, other agricultural chemicals, such as pesticides, would need to be reported by retailers and suppliers of such chemicals if and when they become subject to the OSHA hazard communication standard. The exemption for substances used in routine agricultural operations applies only to substances stored or used by the agricultural user. Thus, agricultural chemical retail and storage operations not now covered by the OSHA hazard communication standard will also become subject to reporting under sections 311 and 312 of Title III when the OSHA MSDS requirements for such businesses become effective. B. Thresholds 1. Threshold Quantities for the Hazardous Chemicals in Each Year and the Appropriate Phase-in Section 370.20 of the proposed rule was designed to allow facilities and State and local governments to phase in the receipt and submission of reports under sections 311 and 312 over three years. In the first year, only chemicals stored in excess of 10.000 pounds were to be reported; in the second year, the threshold was to drop to 500 pounds, triggering reporting on chemicals stored between 500 and 10.000 pounds: in the third year, there was no threshold, so that all remaining hazardous chemicals were to be reported. EPA solicited comments in the proposed rale on the appropriate length of the phase-in period and threshold levels for each year. After receiving and considering the comments concerning die phase-in threshold. EPA reopened the comment period on those issues in the My 14.1967. nodes; EPA requested comment on ao option under which tbs first-year threshold would be 10.000 pounds, maintained at 104)00 pounda in the second year, and dropped to 500 pounds in the third and final year of the phase-in. a. Length ofphase-in. Numerous commenters addressed the issues of the number of years for phase-in of reporting and the appropriate threshold levels for each year. By far. moat comments on the phase-in spproech viewed it favorably, either stating specifically that the conusenter was in favor of a phase-in approach, or suggesting alternative phase-in schemes ranging from two to ten years in length. The general reasons given in favor of phasing-in the reporting were: alleviating the administrative burden on government and industry and allowing time for information management planning and for the development of ' information management systems. Fewer than ten of the more than 90 comments dealing with the phase-in opposed the approach. Some of these comments questioned whether or not EPA had statutory authority to use the phase-in approach: others said that the information should be immediately available or suggested that a phase-in would not alleviate the burdens on government and industry but simply spread the burdens out over time. Mo9t of the commenters who favored the phase-in approach supported a 3year phase-in schedule. Some commenters. however, suggested that ABD00048304 38350 Federal Register / Vol. 52. No. 199 / Thursday, October 15. 1987 / Rules and Regulations (tie phase-in be lengthened, in order to Jhe 3-year phase-in approach m the final numerous chemicals stored in very smull i V provide more time for proper evaluation rulewith some modifications. quantities, the data management burden and management of incoming data, as EPA recognizes the concern expressed created by zero thresholds could be well as to give industry time to set up by some commenters over the overwhelming for the recipients of the appropriate data management systems. immediate need to have access to data, thus jeopardizing public access :.> Comments suggesting a phase-in valuable information on chemicals the information. Second, they argued j- ' longer than three years fell into three stored below the threshold level. In that non-zero threshold levels could be categories. About half of these used response. EPA believes that the rule established that would capture all EPA's proposed initial threshold but reduces the potential loss of important substances of concern to the community maintained at least one initial or information due to the threshold in or emergency response personnel and intermediate threshold for two or more several ways. First, as discussed below. fire departments. Finally, a large years, allowing for more gradual $ 370.20 provides no phase-in of majority of those arguing for non-zero adjustment to the final threshold level. thresholds for extremely hazardous thresholds also suggested that the same Approximately one-quarter of the substances, which are substances threshold should not apply to the comments requested higher initial identified by Title HI as significant for extremely hazardous substance list: threshold quantities (ranging from 20.000 emergency planning. Second, the public thus, they argued that information on up to 100.000 pounds) and suggested retains access, by request, to MSDS for chemicals of concern at lower levels reasonable extension to the phase-in chemicals stored below the threshold. could be made available without period. The third group requested a Third. EPA has retained a relatively requiring reporting at those levels for all longer phase-in, without specific short. 3-year phase-in schedule so that chemicals. quantity suggestions. Several individuals favored a "wait and see" the baseline threshold is achieved quickly. Although several commenters requested that the final threshold be approach, suggesting that EPA should EPA recognizes that extending the non-zero without specifying the amount, re-evaluate the final threshold decision phase-in beyond three years would the majority of comments contained in the second or third year. Nearly all provide government and industry with suggestions for a final threshold, ranging commenters on the July 14 notice additional time to adjust and thus might from de minimis or one-pound quantities supported the 9-year phase-in. EPA disagrees with commenters who questioned EPA's statutory authority to establish phase-in thresholds. Section 311(b) provides very broad authority to the Administrator to establish threshold quantities below which a facility may be exempted from reporting under sections 311 and 312. Given the serious concerns raised in the legislative history over the be beneficial. There is, however, some burden potentially associated with extending the phase-in period, since it delays the date at which full reporting above the permanent threshold is mandatory. In doing so. it prolongs the uncertainty over how much and what information may be generated and may increase the number of requests during that time. In addition, as discussed below. EPA is not raising the initial up to 50.000 pounds. However, few commenters provided a justification for the numbers they suggested. EPA believes that there are several competing concerns that must be weighed in determining an appropriate, final threshold level First, information on chemicals of most concern to planners and communities must be readily available. In addition, enough information should be available for paperwork burden that may be created threshold above the proposed threshold members of the public and public for State and local governments under level (10,000 pounds), thus obviating the officials to be able to ascertain what these provisions. EPA believes that need to prolong the phase-in on that additional information they want to Congress intended EPA to use this ground. request. Third, the burden generated for broad authority to establish thresholds ,Jl, ThresholdQuaiUitissL Final government recipients of the reports that would appropriately balance the ThresholdLeref. One of the most should be manageable. public right-to-know with the potentially overwhelming flood of information to significant issues in the rulemaking was the issue of whether or not EPA should After considering the arguments both supporting and opposing the State and local governments, especially establish a non-zero threshold in the last establishment of a non-zero threshold in in the first yean of the program. EPA year of the phase-in. the final year of the phase-in. and after has thus used its authority to fashion the Approximately 100 commenters considering the comments on the 500- thresholds to meet this Congressional addressed the issue of whether or not pound permanent threshold that EPA objective. EPA has found no indication zero was an appropriate permanent suggested in the July 14 notice. EPA in the statutory language or legislative reporting threahold. with or without the believes that the balance of these history that the establishment of phase-in approach. Of these, few concerns weighs in favor of a non-zero thresholds based on time as well as favored the proposed reduction of the threshold. amounts of chemicals would be threshold to zero in the final year. However, at this time the Agency is t;- inconsistent with Congressional intent. EPA agrees with the majority of Arguments made by those favoring the zero threshold emphasized (a) the not setting a final threshold, but will propose one after conducting a study of commenten. who stressed the volume of information that would be alternative thresholds. The Agency has importance of providing time for local lost through establishment of a non-zero considered 500 pounds (approximately and State governments to set up data threshold, (b) the difficulty of requesting the weight of a 55-gallon drum) as the management systems by reducing the desired information below the threshold final threshold beginning in the third volume of information being processed without the chemical-specific year of reporting. Five hundred pounds initially. Because EPA continues to information in section 311 for all thus will be the point of departure for believe that the phase-in of information volumes of chemicals, and (c) the discussion of a final threshold. This is crucial to the development of effective potential hazards posed by small threshold would eliminate automatic Title 111 right-to-know programs and that quantities of chemicals. reporting of numerous chemicals that there is no specific limitation on the type The points raised by proponents of arc stored in smaller quantities. As of threshold EPA may establish under non-zero thresholds fall into several discussed in more detail below, the statute. EPA has.decided to retain general groups. First, because there are estimates based on available evidence ABD00048305 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations 38351 suggest that 35 to 57 percent of MSDS would be subject to sections 311 and 312 reporting, except upon request, as a result of the 500-pound threshold. While a 500-pound threshold would eliminate numerous reports of de minimis levels of hazardous chemicals, a substantia! volume of information would still be provided to State and local governments. The 500-pound level is also the most common non-zero threshold in effect m States with community right-to-know laws. Over half of all States have community rightto-know laws. Almost one-third of these have a threshold of 500 pounds; the remaining States have thresholds ranging from zero to 500 pounds. This is important since EPA's primary concern in establishing thresholds under sections 311 and 312 is to prevent State and local governments from being so overwhelmed with submissions under this program that effective public access and government use of the information are not possible. A significant number of commenters also supported the 50(V pound threshold. Finally, the expansion of OSHA'a hazard communication standard to nonmanufacturing employers and the consequent changes in both the number of MSDS and the number of facilities covered by Title til magnify the difficulties associated with a lower, or zero threshold. Because the community right-to-know laws in some of the States described above provide broader coverage than is currently provided under sections 311 and 312 (i.e., they include non-manufacturing facilities that will not be subject to sections 3tl and 312 requirements until May. 1988), they provide a significant measure of the continued appropriateness of this threshold when these requirements become appKcabfe concurrently with the expanded hazard communication standard. Even if EPA were to establish such a 500-pound threshold, this would not suggest that no chemicals of interest to emergency responders, planners, fire departments, or the public are stored in quantities less than 50(7pounds, or that all chemicals stored above 500 pounds pose a hazard to the community. Rather, this threshold would attempt to establish a balance between setting the level high enough to avoid an overwhelming paper burden for State and local governments and low enough to avoid a loss of substantial amounts of information. Similarly, a threshold less than 500 pounds would likely present an unmanageable administrative burden. Thus, States or local governments could request information on substances below the threshold, or a State could require reporting at lower thresholds under State law. EPA has also considered higher final threshold levels. As part of the Regulatory Impact Analysis (R1A) in support of the proposed rulemaking. EPA estimated the percentage of chemicals and facilities that would be covered at different threshold levels. This analysis was revised and expanded for the RIA in support of final rulemaking. The analysis is the final RIA of the effects of thresholds on reporting is based on data sets provided by three States (New Jersey. New York, and Michigan) on the quantity of chemicals stored at a substantial number of manufacturing facilities, for limited lists of hazardous substances. Although the data from each State were adjusted so that the results would be representative of the effects of thresholds nationwide, the limited numbers of facilities reporting, the restrictive chemical lists, and other limitations of the data suggest that the results be viewed with caution. EPA analyzed four alternatives for the final threshold. Estimates indicate that a 500-pound threshold would lead to reporting by between 50 and 82 percent of the facilities covered by current OSHA requirements, and submissions of between 35 and 57 percent of the MSDS for these chemicals. At this level, the cost to industry in the third year is estimated to be $348 million. At higher thresholds, reporting would be further reduced; a 2.000-pound threshold could result in between 35 and 47 percent of facilities reporting and 22 to 32 percent of chemical* being reported. At the 2,000 pound level, the cost to industry in the third year is estimated to be $225 million. In addition, a threshold that reduces reporting significantly could place substantial burdens on all parties by increasing the numbers of requests made by government and the public for additional information from facilities. On the other hand, a 50-pound threshold could result in between 77 and 90 percent of facilities reporting snd between 64 and 79 percent of chemicals reported. At this level, the cost to industry in the third year is estimated to be $387 million. At a zero threshold level, the cost to industry in the third year is estimated to be $500 million. Although information indicates that the 500-pound threshold may represent the most appropriate balance between the broad right-to-know information submission objectives of these provisions and the need to avoid overwhelming State and local governments with the submission of vast amounts of information on de minimis amounts of chemicals. EPA is deferring the establishment of a threshold in the third year of the phasein. The substantial number and variation of comments received on this issue and the great uncertainty over the impact of these requirements on the recipients of this information, and ultimately on the effectiveness of this program, create a need for further study prior to establishing a permanent threshold level. After the initial submission of the Section 312 inventory forms in March. 1988, EPA wifi have more information about the effectiveness of the regulatory thresholds under the federal right-toknow program. During this evaluation. EPA will examine compliance experience with both State and federal right-to-know programs, the completeness of information generated under these programs* the ability of State and local officials to manage and provide public access to this information, the number and source of requests for additional facility information, and volumes of hazardous chemicals covered at a range of thresholds. As stated above, following such review, EPA will initiate another rulemaking to establish the final year thresholds. ii. Initial Threshold Levels. Approximately 5Q comments on the proposal addressed the issue of the threshold level in the initial year of a phase-in. either by proposing a specific phase-in schedule ofquantities or by registering support of the EPA proposal but suggesting a modification for the. final year. Over halfof these comments favored 10,000 pounds. The remaining suggestions ranged between 1&000 and 100.000 pounds (one comment suggested up to 500,000 pounds for some chemicals), with a substantial number favoring 50,000 pounds. In general, arguments that supported raising the first-year threshold emphasized the consequent decrease in ; the reporting burden and the belief that adequate information on large volume chemicals would still be available with a higher threshold. After considering comments on the proposal and the July 14 notice. EPA has decided to retain 10,000 pounds as the initial threshold because that level provides the appropriate balance between ensuring that the public has access to information on large volume chemicals and reducing the number of reports to manageable levels in the first - years of the program. EPA has rejected establishing higher initial thresholds because it believes that a threshold greater than 10,000 pounds might not ABD00048306 38352 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations provide sufficient information in the first year of reporting; the best estimates available to EPA indicate that a threshold equal to 10.000 pounds may reduce reporting to less than 13 to 22 percent of facilities or 8 to 13 percent of chemicals. EPA believes that a reduction in reporting below these levels would not be consistent with the community right-to-know purpose of these provisions and would provide marginal benefits In terms of information management, in comparison with a 10,000-pound reporting threshold iii. Threshold for Non-manufacturing Facilities. As indicated in the January 27 proposal and in the July 14 notice. EPA believes that section 311 and 312 reporting requirements apply to any facilities subject to QSHA's MSDS requirements for any Title 01 "hazardous chemical." Because these requirements are self-implementing under the statute. EPA does not need to promulgate a rule in order for these reporting requirements to become effective. Under section 311(d), facilities must submit an MSDS for each hazardous chemical (or a list of such chemicals) to the appropriate State and local authorities by October 17,1987, or within three months after they are required to have or prepare such an MSDS. Thus, under the statute, facilities r.<>wly covered by the OSHA MSDS requirements must submit those MSDS within three months after they are required to comply with the MSDS requirements. Because OSHA's MSDS requirements will become effective for the non-manufacturing sector in May, 1988 (see 82 FR 31852, (August 24.1987)). such facilities will be required to submit these MSDS under section 311 in August 1988. Similarly, inventory forms under section 312 for these facilities must be submitted annually beginning March 1.1989. However, although the section 311 and 312 requirements take effect without any regulatory action on the part of EPA the Agency may. by exercising its discretion under the statute to establish minimum thresholds for reporting, limit the facilities or number of MSDS to be submitted under these provisions. EPA has. under this rule, established such thresholds and amended the proposed threshold regulation specifically to provide analogous thresholds to facilities newly subject to these requirements after October 17.1967. Some commenters have suggested that EPA limit this rule to facilities currently subject to the OSHA MSDS requirements, i.e.. facilities in SIC codes 20-39. However, the effect of such limitation would not be to limit the scope of the section 311 and 312 reporting requirements since such requirements are effective without regulation, but rather to limit the thresholds established by this rule to manufacturing facilities. A zero threshold would thus be in effect for facilities in the non-manufacturing sector that become subject to the MSDS requirements in May, 1988. and would result In precisely the paperwork burden that the thresholds in this rule are intended to avoid. Moreover. EPA solicited comment on the appropriateness of the thresholds in today's rule as they would apply to the expected OSHA expansion universe. Based on information currently available. EPA believes that the thresholds applicable to the manufacturing sector currently subject to sections 311 and 312 would be equally applicable to the non-manufacturing facilities that will soon be subject to the MSDS requirements. However, as a result of concerns raised over the possible need to provide different thresholds for the facilities newly subject to these requirements as a result of OSHA'a expanded MSDS requirements, EPA is undertaking additional analysis of the universe newly-covered by the OSHA MSDS requirements. This analysis will include a more detailed analysis of small business impacts, a review of soma current State right-to-know programs that cover non-manufacturing, and the need for different thresholds for such facilities. Following such review and prior to the time that this rule requires actions by the newly covered non manufacturing universe, EPA will make the analysis public, receive comment and, if appropriate, revise the relevant thresholds. 2. Threeholda for the Extremely Hazardous Substances and Other rturniifl lirif In the proposed rule. EPA provided an exeception to the phase-in for substances on the list of extremely hazardous substances under section 302 of Title 1IL The threshold for reporting of such substances was zero in the first year. EPA requested comments on whether the threshold provision should contain this exception and whether there should be additional exceptions for other special chemical lists. A majority of the over 60 comments on this issue suggested that thresholds should be lower for some classes of hazardous chemicals (than for hazardous chemicals in general), but that the threshold for such substance should still be non-zero. Several comments requested that there be no "special chemical exception" to the reporting thresholds on the basis that complicated the process. A few commenters suggested zero or very low thresholds for varying lists of chemicals (e g.. SARA section 302 Extremely Hazardous Substances (EHS). carcinogens on the IARC list, other known human carcinogens, or SARA section 313 chemicals). Those comments that addressed the EHS list were split between suggesting thresholds equal to the "reportable quantities" (RQs) and thresholds equal to the "threshold planning quantities" (TPQs) for the EHS. (See the April 22.1987. final rule for further discussion of RQs and TPQs. 52 FR 13378.) Of the comments favoring thresholds that are lower for the EHS than for hazardous substances in general, most favored a non-zero threshold end argued that the burden of accounting for and reporting da mtnimim quantities far outweighs the risk posed by the EHS in very small quantities. Several commenters argued that reporting of minute quantities of these chemicals creates an unnecessary burden on local and Stats governments and on emergency response groups who receive the information. Several arguments were made concerning the appropriateness of the TPQs or the RQs for EHS thresholds. The risk of off-site hazard posed by these chemicals either for emergency planning or for emergency response purposes has already been explicitly taken into account in determining the TPQs and RQs. Thus, several comments argued, quantities stored below these , amounts are unimportant for planning, response, or other purposes of sections 311 and 312. After consideration of the several arguments and approaches suggested by commenters. EPA suggested e onepound de minimis threshold for the EHS list in the July 14 notice. Based on the additional comments received on the notice. EPA hat decided to revise the ^ rule to establish a reporting threshold for each EHS of 500 pounds or the TPQ, whichever is lest. This threshold will be effective from the first year of reporting onward. There are several reasons for establishing these thresholds. First EPA continues to believe that reporting on the EHS should not be subject to the phase-in. Because, based on the information available to date. EPA believes that the 500-pound level represents an appropriate permanent threshold, the Agency is requiring reporting of EHS at a 500-pound tlireshold during the first year of ABD00048307 R Federal Register / Vo). 52, No, 199 / Thursday, October 15. 1987 / Rules and Regulations 38353 reporting, so that information on these chemicals can be made available to the community, while initial planning efforts under section 303 are underway. In addition, the EHS list represents chemicals that are of particular interest to the community; the TPQs have been established as representing quantities of these chemicals that may pose risks to the community and, thus, are of interest to emergency planners. The Agency has decided, therefore, that for each EHS for which the TPQ is less than 500 pounds, the threshold in the Erst year and in subsequent years should be the TPQ. This will ensure that information concerning these chemicals will be available not only to emergency planners, but to emergency responders and the general community as well. EPA is not expanding the list of chemicals subject to the "special . chemical threshold" beyond the EHS list EPA has singled out the EHS list as an exception to the phase-in for several reasons. Although there are numerous chemical lists referenced in Title m the Agency believes that information concerning EHS will be critical for States and local governments during the next year when emergency planning efforts are under way. Uader section 303 of Title 111. local committees must prepare an emergency response plan by October. 1988. Because the EHS list developed under section 302 of Title 111 is intended to be the basis of initial emergency planning efforts under section 303. information concerning all EHS present at facilities will be critical in the first year of section 311 reporting. EPA believes that such information should be made easily accessible to the local planning committee through mandatory reporting under sections 311 and 312, rather than burdening the committee in the first year of its organization with the need to request' information on EHS from each facility under section 303(d) or section 311(c). C. Submission ofMaterial Safety Data Sheets 1. Material Safety Data Sheet (MSDS) or List Option A facility may meet the requirements of section 311 either through submission of MSDS or a list of chemicals for which an MSDS is required. In the preamble to the proposed rule, the Agency encouraged facilities to exercise the list option whenever possible. With one exception, the commenters indicated unqualified support of the list option. In addition, many commenters inquired whether use of MSDS for routine reporting of potential community hazards is actually productive and cost- effective. However, numerous commenters indicated that the lists would be difficult to prepare because of the difficulty in using the 23 hazard categories. As discussed in more detail in Section HI. D. EPA has reduced the number of hazard categories in this final rulemaking in order to facilitate list reporting. EPA is continuing to encourage list reporting because it reduces the information management burden on recipients of the information without substantially reducing the amount of information provided. One commenter requested clarification regarding the right of a State emergency response commission or local emergency planning committee to mandate the submission of a list rather than the actual MSDS. Because the federal law expressly provides that facilities may choose whether to submit a chemical list or each MSDS. EPA has also provided this option in today's final rule. However, State or local governments may effectively limit this choice by establishing reporting requirements pursuant to their own authority. 2. Format and Content of Material Data Sheeta Several commenters requested various changes to the MSDS format, such as the inclusion of the hazard categories on the MSDS. EPA agrees that the addition of hazard categories on the MSDS would be useful and encourages chemical manufacturers to include this information. However. EPA does not believe that modification of the MSDS can be required in this rule; the content of the MSDS is subject to the regulatory authority of OSHA. not EPA. A number of commenters raised concerns about the responsibility for accuracy of MSDS information on the part of manufacturers and chemical users who pas's on an MSDS received from other manufacturers. "Downstream" recipients of an MSDS are not generally responsible (or its content. However. EPA believes that if an owner or operator is aware of inaccurate or inconsistent information, he should take reasonable steps to clarify the information or alert the recipients of the information when it is distributed that it may be inaccurate. 3. Revisions and Updates Two commenters requested clarification of the requirement to submit revised material safety data sheets as applied to a facility that had exercised the list option. Further clarification was also requested regarding any obligation to submit a revised MSDS if the original was submitted as a result of a public request. Section 311(d) requires a facility to submit an MSDS or list by October 17. 1907. or within three months after the owner or operator is required to prepare or have available an MSDS for the chemical, whichever is later. An owner or operator is also required to submit a revised MSDS within three months of the discovery of significant new information concerning a chemical for which an MSDS was submitted. If a facility has submitted only a list of chemicals rather than the actual MSDS. the facility does not need to file a revised MSDS upon discovery of new information. However, after October 17, 1987, if additional hazardous chemicals become present at such facility, a list of these (or the MSDS) must be submitted to the State commission, local committee, and fire department within three months. Once an MSDS is submitted, even as a result of a request a revised MSDS must be submitted if the ownee or operator receives significant new information concerning the substance. Because the OSHA regulations require MSDS to be revised within three months after a chemical manufacturer or employer becomes aware of significant new information concerning the hazards of a chemical the Title 01 regulations merely require that such revised MSDS also be submitted to the agencies that have the original MSDS. . D. Categories forReporting " ; Section 311 Uatreporting and section 312 Tier I reporting requirements were initially based on the 23 physical and health hazards identified under OSHA regulations. To facilitate reporting under sections 311 and 312. Title 111 permits the Administrator to modify the categories of health and physical hazards set forth under OSHA regulations by requiring information to be reported in terms of < "groups of hazardous chemicals which present similar hazards in an emergency." Additionally, for Tier I reporting, the Administrator may require reporting on individual hazardous chemicals of special concern to emergency response personnel. In the January 27 proposal the Agency proposed the use of the 23 OSHA categories for reporting but solicited comments on approaches for modification of the reporting categories. EPA recognized that a smaller number of reporting categories might facilitate the manageability of the information and enhance its usefulness, particularly since information on chemicals that ABD00048308 98354 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations present more than one hazard must be provided in ell applicable categories. CPA specifically requested comment on two approaches for modification; Use of the eight DOT hazard labeling categories and use of a 5-category scheme with two health hazard categories and three physical hazard categories. The July 14.1987. Federal Registar notice specifically requested comment on the proposed use of the 5cetegory schema. In response to the January 27 proposed rule. EPA received over 100 comments that disagreed with the use of the 23 OHSA categories, while only four commentate supported their use. Many of those commenters the! disagreed provided alternative categorization schemes. Many comments supported the Department of Transportation (DOT) categorization schema in combination with additional health hazard categories. The main advantage to using the DOT categorization would be that emergency response personnel are already familiar with these categories. However, it was designed for hazardous material transportation and reflects an emphssis primarily on immediate health and physical hazards. Thus, the Agency believes that the DOT categories would have to be revised to address delayed (chronic) hazards adequately before this option oould be used for Sections 311 end 312. EPA believes that altering the DOT categorization scheme would result in some coufeston and reduce the effectiveness of this option. EPA received several additional proposals for the modification of the reporting categories. However, all of ttete alternatives were refected because they sitter dk) not adequately encompass the OSHA hazard classes,; did not sufficiently reduce multiple reporting, or did not sufficiently reduce the burden of reporting and interpreting data by decreasing the number of reporting categories. After consideration of tteee cGsaments. the suggested alternatives, and the harden of using the proposed 23 categories, EPA has revised the rule to reduce the number of reporting categories. Today's rale contains the 5category scheme described by EPA In the Preamble to the proposal and in the July 14 notice: two health hazard categories (immediate or acute hazards and delayed or chronic hazards) and three physical hazard categories (fire hazards, sudden release of preeeure hazards, and reactivity hazards). This schema wee supported by a substantial number of commenters. A number of other commenters disagreed with the use of the 5-category scheme because they thought the categories were too general and did not represent groups of hazardous chemicals that present similar hazards in an emergency. EPA disagrees with these commenters. Although the categories couid be subdivided further, the Agency believes this could complicate the categorization process and could result in inconsistencies in reporting. EPA believes the 5-category scheme will be useful to emergency response personnel by conveying general information on the types of hazards a chemical may present in an emergency response situation and by supplementing other sources of information commonly used by emergency response personnel. EPA agrees with the numerous commenters who noted that this categorization scheme should significantly reduce the paperwork burden of reporting, minimize multiple reporting and double counting, end enhance the clarity and usefulness of die information reported. The five categories have several advantages over the other proposed alternatives because they encompass all of the OSHA categories as well as aQ of the DOT categories, and they address delayed (chrome) health hazards as well ss immediate (acute) health hazards. The Agency plana to provide written guidance to help facilitiate reporting so that this categorization scheme can be easily used by both large and small reporting entities. Mixturea EPA received several comments regarding the reporting of mixtures. One onuiwnf requested clarification of the tern `"mixture." Another desired guidance in applying threshold levels to mixtures. Sewral commenters stated their belief that reporting of mixtures would be difficult since many mixtures have unknown compositions. In response to the request for clarification of the term `'mixture,'' EPA has revised | 37023 of the rule to tatdndo the definition of mixture used by OSHA in the hazard communications standard. 29 CFR 1910.1200. In addition. S 370.28 has been revised to indicate how the threshold levels spply to mixtures. The rule now states that if the reporting is on each component of the mixture that is a hazardous chemical, then the concentration of the hazardous chemical, in weight percent (greater titan 1% or 0.1% if carcinogenic) should be multiplied by the mass (in pounds) of the mixture to determine the quantity of the hazardous chemical in the mixture. If a mixbra is reported as whole, the threshold applies to the total weight of the mixture. Finally, where mixtures have unknown composition, facilities shou!< report the mixture as a whole. F Public Access to Information Title (II contains a number of provisions relating to public access to information submitted under sections 311 and 312. many of which were codified in today's final rule. Section 324 of Title HI. which is not codified in the final rule, requires SERCs and LEPCs to make all MSDS, lists, and inventory forms that are submitted under sections 311 and 312 available to the public during normal working hours. Tills is the only source of Tier I information for the general public, and there is no access to Tier I below the regulatory threshold. Section 370130(a) of the regulation codifies section 311(c) of Title HI and provides that any person may request an MSDS through the LEPC. If the MSDS is not in the possession of the LEPC (because s facility had the hazardous chemical only in amounts below the threshold or a facility had submitted only the list of chemicals), the LEPC must request the MSDS from the facility and the fadBty must under g 370.21(d), submit tiie MSDS within 30 days. Under g 370.31, the LEPC must provide the requested information to the requester. . Section 37020(b) codifies section m 312(e) ofTUle HI and provides that any ^ person may request Her II information concerning s specific chemical at a facility through the LEPC or SERC. If the Her fl information Is not in their possession, the SERCor LEPC oust request it from the facility if the chemical Is stored at the facility in quantities above 10,000 pounds or if the requester is s public official. If the chemical is present in quantities below 10.000 pounds, the response by the SERC or LEPC is discretionary. Under 5 370.25(c) of the final rule, a facility must submit requested Her II information within 30 days. Under 137021, the LEPC or SERC must then provide the Tier U information to the requester. 1. Information below Thresholds In the proposed rale EPA established temporary thresholds below which facilities would not be required to report under sections 311 and 312. However, those thresholds were not applicable to public requests for information on hazardous chemicals. Hies, facilities would need to report on hazardous chemicals below the thresholds, but only upon request Although EPA codified the requirement that below* threshold requests be Justified for Tier information under section 312. no such ABD00048309 R Federal Resistor / Vol. 52. No. 199 / Tharaday, October 15. 3387 / Rules and Regulations 38355 justification wu proposed for below* threshold requests for MSDS. PA solicited comment on its approach to thresholds and public access. Commenters were split over the issue of public access to information below thresholds through the LEPC In addition, some commenters believed that requests for below-threahold MSOS information should be justified, and some asked EPA to set guidelines for demonstrating adequate justification. . With respect to issues concerning reqaest juiitficalion. section 312 is explicit eboat the justification of need required tn public requests forTier n information below HLDOO pounds if such information is not steady in the possession ofthe SERC or LEPC but le silent on ihe issue of what should be included3n the statement of need. EPA believes tint tire task of defining appropriate criteria for the justification of need should be left to the SERC* and LEPCs. who must ultimately deride whetherto renritaudi a request With regard to MSDS Information below the threshold, neither tire statute nor this regulation requires tirel tireneed underlying e request be justified. Congress specified In section that MSDS be submitted upon request by any person. The Agency tints befieves that tire preservation of access to all MSDS information by tire public is most consistent wvfo tire intent of section 311. 2. Justification ofNeed Amber of oamasatore posed mors pacific question mi tbo meorerttyof justifying requests for Ttorfl fafoanatom. GBe fsb "tired" abouM refotato thepotoottolaf ahmirious chesrieaf dhuctiy So offoat eitherperson oryroperty. Ofoma--tad that feadWea sbooU be afafota review requests far Tier n information and be allowedSa comment--e--titivity of infer--ticto- As indicated above, however, the LEPC and SERChave ubbeate reaponeibiiity far netting gui rirhnre fa this one since the etatms aad today's final rule gist diem the decision-making autoartty in granting requests for Tier If information. Therefore. EPA behaves that issues caaoetmnf the statement of need should be left to focal and State officials. A few comnantecs requested that a strategy be developed to assist dm SERC and LEPC in fulfilling their - responsibilities for public availability. Several other commontare felt programs should be developed to help the general public interpret and uee the information. EPA intends to provide such in the form of brochures and paaqtolets to be published end distributed through the regional offices to SERCs and LEPCs at a later date. EPA recently used s series of workshops and other presentations to provide iaformatiaa on Title III to the public. 3. Other Clarification Several coameaters requested changes in the time frames for providing information to the public. Some commenters had general questions about bow the public would have sunns to MSDS and inventory information. The public may request Tim II tofereistiaa through either the SBtC or the LEPC. For quantities below 10,000 panda, tire SERC or LEPC may exercise dfoceetfoa In forwarding these Bequests to e specific facility. CoacamfegMSDS requests, suction 311 and today's rule place the responsibility fur handling requests oaiy to the LEPC. States reajt. however. <wrier their own authority, also require prevision of such MSDS 1o tho SERC OneooaBonierrequested that tho ruleclarify that asy personMy request. Tiir " `iforrentinr ftithrrnghlhr nrie explicitly etatoe that --y person may request Tier 0 infamattoto there sm certain instances to which U is not automatically provided. For iantnnna a facility may opt to withhold cheaucal location urianeatiae from tire Her H form, aad the pubhc would sot have accuse to this location infranisiIf A person may request Tier 11 information for chemicals stored at a facility to quantities less than 1Q43GO pounds, tori if the SERC xwLEPC does not steady possess tho information, the requester would be required to give a written statementofneed. Easedon fat stoti--enl.lhe LEPC or SERC may, where epreepriitri request the information from thefacffity-Afactitiy may also withhold chemical identity fruai diecifieure by tnbndttiag e trade secret rleiwendorsrrHnn jat. Where a facility vtithhoMa chemical identity by virtue of tradeoaoet previsions, toe pubito may rhaifongn the wttUreUtog by submitting e petition to EPA pi--rant to section 322. C. Trade Secrets aad Confidentiality EPA remived several comment* to support af the provision for withholding location information from the public at the facility's request While e few commenters indicated e need for criteria for determining a confidential location. EPA agreed with other cormitenSen that a request on the pert of e facility owner or operator ie sufficient. Section 224 allows e facility to request withholding of location information without any determination that such location would be confidential The Agency also received numerous comments regarding the protection of trade secret information under sections 322 and 323 of SARA. These will be addressed as part of EPA's rulemaking on trade secrets under sections 322 and 323. to be proposed later this year. It should be noted, though, that if a facility wishes to make a trade secret claim, it is required to submit the federal Tier Q inventory form to E3*A. rather than any alternative State form, with appropriate substantiation. Such trade secret claims should be seat far. U S. Environmental Protection Agency. Emergency Planning and Community RighModChow. P.O. Box 70262. Washington. DC 2002443200. H. Detign and ContentafFount the most significant commeuto an the design and content of tire Tier 1 and Her n forms concerned the celtillation of the average daily--nt and foe reporting format for storage location. Other significant comments concerned the _ emergency contact; the certification ... statement sxd the Dun & Bredstreet] number. In response to these comments, as wefi as comments on the general - - ' layout and graphic design of the forma, _ EPA has revised Ihe section 312 ; <UV reportingforms. Following Is a - discussion ofthese and EPA*s response. On the proposedHarland Her B . . forms, EPA required ladlkies to report maximum daily amount and avstags daily awmiBt > prni-rfhad ranges. , Several comaantecs approved oftoe proposed reporting ranges oa the Her 1 . and Her TI forms, out sevaral mere -- befiered the ranges ware ton breed EPA receivadsuggestions to narrow tho,^. .< ranges, add asang* categoryof0-6 or deviaa tapgae thaicoiraapendto., K powers of ten. A few commaator* - r . favored brooder ranges........ Upon ooaslderettoa of these comaMAte. EPA tea chosen to retato toe ranges set forth in the proposed info. The Agency bclfovea that the ranges . adequately bafonoe foe tiatteuff between protection of confidential: information aad provision of orefal data, la addition, the praeontreagee are consistent with times prepared fair ran on the section 313 retorting form sad those used an tire Toxic Substances Control Act (TSCA) mwentrey form. Srrerel oa--renters favored SPA't proposed method of celctoattog average daily amount; that is. by totoitog att daily weights and dtvfcfe^ by 366, nr totaling all monthly weights and dividing by 12. Several ether commenters, however were concerned that the (cental obtained by the ABD00048310 3S3S6 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations proposed method would be misleading because it would produce artificially tow amounts for those chemicals present on site during only short periods of time throughout the year. The Agency has decided to revise the method of calculating average daily amount so that the figure is based upon the number of days the chemical is actually on site. Thus, facilities should total aU daily weights and divide by the number of day* the chemical was on site. This method of calculation produces a more accurate figure for average daily amount particularly for those chemicals that are on site for only a short time each year. To reflect the amount more accurately, however, EPA believes that it will be necessary to report.tha number of days used in the calculation and hat revised the form to require reporting of this information. ' The Agency received several comments concerning the maximum daily amount As many coalmentars favored the method of calculation as .. expressed doubts concerning its ultimata usefulness. One commenter suggested that EPA require facilities to report maximum storage capacity instead'of maximum daily amount Because the maximum dally amount describes a "worst case" scenario, it is useful to both emergency planners and emergency responders. It is important for them to know the maximum amount of hazardous chemicals that they might actually encounter at any time. Because storage capacity may not be an accurate reflection of the amount of hazardous chemicals actually on aits at any one time, EPA believer that the repotting of maximum storage capacity is not an 5 appropriate substitute for the maximum * daily aAbaht Thus, EPA has not required reporting of maximum storagr capacity Instead of maximum daily -amount However, EPA is aware that"5 ' maximum storage capacity may be the best information available to some facilities in calculating the maximum daily amount EPA received numerous comments regarding the "location" section of the Tier D bom. Several commenters requested the use of any site identification procedure acceptable to local emergency response agencies: others suggested that EPA design the location coding system solely for ease of data entry. Several commenters gave specific suggestions for revision of the location identification system--namely, grid or quadrant systems. Several other commenters suggested that EPA allow facilities to report that chemicals are unbiquitous at the plant Based on these comments, EPA has revised the Tier Q form to provide for reporting of the building or lot at a minimum, and to allow facilities to describe briefly on the form itself the location of hazardous chemicals, rather than requiring them to provide a site plan or site co-ordinates. EPA believes that the narrative approach will provide more flexibility for a facility, in confunction with its SERC. LEPC, and Are department to identify the method of providing the most useful chemical location information for specific emergency response and Information management needs and capabilities of the community in which the facility la located. EPA believes that additional requirements for location information, such as site plans or quadrants or grid systems, may be useful on a site-by-site basis, but are not necessary for each facility. If a State or local government desires such additional information, it may require it to be submitted under State or local law as a supplement to the federal form. However, the Agency encourages State and local governments to co-ordinate reporting formats so that facilities are not subject to duplicate or inconsistent reporting requirements. Some commenters requested EPA to state the exceptions to reporting on the inventory forms. Another inquired about the correct number of exemptions. The exemptions from reporting under both the OSHA hazard communication standard and section 311 of Title HI are set out tn the instructions to the form. The instructions on the proposed forms included eight reporting exemptions ' because EPA merged the OSHA and Title Hi exemptions where there appeared to be substantial overlap. In this final rule, tho-fnsfructiona to the inventory forma stata the OSHA and Title in exemption! separately for clarity and accuracy. EPA received numerous comments regarding the certification statement on the Tier l and Tier Q forms. Several commenters raised concerns that the statement implied the owner's or operator's first-hand knowledge of the conditions at the facility relevant to Title in. In response to these concerns. EPA has modified the certification on the final form by deleting the word "immediately.'* to make clear that the signatory is responsible for the date on the form but has not personally interviewed those principally responsible for performing the calculations. The certification on the final form now reads: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals responsible for obtaining the information.! believe that the submitted information is true, accurate and complete." A number of commenters wanted EPA to eliminate or revise the requirement for a 24-hour contact and telephone number. One commenter suggested that EPA require the same number of emergency contacts on Tier U as on Tier l. The emergency contact is a person, or office at which persons will be available, who can aid responders in the event of an emergency at the facility. The emergency contact need not be a person with expertise concerning the chemical hazards at the facility, but he or she mustbe available to act as a referral if emergency responders need assistance in responding to a chemical accident at the facility. Although the Agency requires facilities to supply the name of only one emergency contact, both the Her I and Tier II forms will have apace for two. A facility may supply two emergency contacts as necessary to ensure 24-hour availability. Numerous commenters inquired about the extent to which they could use their computers for reporting. The majority of the comments focused on the . v. acceptability of computergenerated facsimiles of the forms: others dealt with electronic transmittal of data. - To the extant possible. EPA hae designed the Tier 1 and Tier II forms to accommodate computer output Since EPA will not receive the Information. ` however, the issues regarding computer facsimiles and electronictransmittal are more appropriately addressed to the recipients of the infonnatton aft tha 9tata and local levels. However. EPA'does not believe that any provisions ofsection 312 would prohibit computer generated facsimile forms or electronic transmittal of data. . .. Several commenters stated that EPA should not require hazard category information on the Tier 0 form. Although the legislation requires hazard category information only on the Tier I form. EPA has designed Her 0 as a worksheet for the preparation of Her I. For this reason, and because the hazards may provide helpful data to the users of chemical-specific information. EPA believe* that hazard categories are an essential element of the Tier II form and has retained this requirement in the final form. Although several commenters questioned the necessity for the Dun ft Bradstreat identification number, the Agency has opted to retain this requirement because of its general usefulness as a widely known end accessible identifier, unique for each ABD00048311 R Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rales and Regulations 38357 facility. In response to conunenters who stated that Dun & Bradairee! numbers should not be required because they did not have such a number. EPA has revised the instructions to the form to indicate where facilities can obtain the number. (Information collection requirements are approved by Office of Management and Budget under control number 2050-00724 I. Integration of TrUe III Federal Requirements WAR Slate andLobbI Programs A large number ofconunenters registered concern abuert die potential for duplication mdeto collection, since Title 01 requirements overlap with repuitiug pnreisions under soon State and/or local taws. Some commented would prefer to comply wifeTide ffi through equivalent State programs; others suggested that fee reporting tries be finable enough to allow integration with existing program*. Akho^h section 321 states featTitle in generally does aot pre-empt Stats or local laws. jndadfag similarcMorarity right-to-know reporting, the Agency strongly fenoirages duplicative reportingsystem that would increase the comminty right-to-know paperwork burden and thus potentially seduce the effectiveness of the program and of public access to information. EPA encourages States to modify their community right-to-know requirements to accommodate Tide III without eKmmatlng additional requirements feat are beneficial to State or local needs. The Agency rise advises States to consider reporting reqrisereents feet are applicable to local emergency planning committee* and Use departments. To fee extant possible in fete final rris. fee Agency has attempted to provide flexibility forState and local implementation and integration wife - their existing programs. Several commentate recommended that State end local jurtefectiau fan allowed to dntooatoe the method of reporting. In the final role. EPA has tried to provide as much flexibility a* pesmbto to the local aad Stole officials who anst implement this program, while at the same brae provide a degree of standardisation te the regulated community and ensure that statutory requirements are met. EPA has thus revised th regulations to specify the circumstances under which a State or local form can be used in lieu of the Tier I and Tier II forms published today. Revised % % 370.40 and 370.41 of the final rule state that facilities will meet the Section 312 requirements if they submit the published form, or any Slate or local form that contains identical content "Identical content" means that, at a minimum, the same information requested on the form published in today's final rule must be requested in some portion of the State form. States may. ia addition, use the form as published today but add supplemental questions, either interspersed throughout fee form or attached at fee end. /. Information Management With respect to ttaAagesMot issues, commenters focused on two principal points. First, the majority of coameatare on this issue strongly expressed fee conviction that fee entire program can be made workable only if the information is handled by computer systems. The second principal issue raised by oomraenters was the aeed far assistance ia organising the material; designing and selectmg systems; co ordinating fee use of the material among SERCa, LEPCa. and fire dapartineata; and ultimately malting fee jnfenw*w> available to the genes*! public. Specific comments concerned the need to allow information nhmiariirn in computer-readable madia end for guidance from tbt federal government to aid information managamentat fee State and local levels. A recurring message in the comments was the need for the federal government to play an active role In solving the extensive data management problems triggered by Title m. Suggestions were for EPA, alone or with OSHA. te develop model J4SDS databases, to dealgn or develop effective data management aad co--mioatic-- techniques forinformation systems, to convene a high level workgroup to draft a plan for solving lbs proUeme. aad to provide saad money to each SERC far development of itanwa USDS information system. Commantera also raisedgeneral concern* about fee sources for financial support to implement fee legislation and the time necessary to prepare for implementation. In response to the general information management concerns raised by commentate, the Agency agrees that the data resulting from Tide 111 aompliaaoe would best be managed through a computerised system. EPA recommends that the LEPCs and fire departments work closely with the SERCt te develop flexible systems that address the particular requirements of each planning district However, because most of Title III is carried out through State and local organizations, it is not appropriate for the Agency itself to recommend or deai&i date management systems, to establish a national database under sections 311 and 312. to specify date collection points, or to make any other information management decisions that belong to (he State and local authorities implementing the community right-toknow program. Thus, although EPA shares commenters' concerns over the critical date management needs generated by Title 111, EPA believes that the most appropriate role for the Agency in information management under sections 311 end 312 wifi be one of technical assistance to State and local entities in developing effective information management systems. The Agency is reviewing each systems in an effort to identify useful systems that could meet State and local needs and also intends to publish technical guidance regarding the development of ssdi systems by States. ETA acknowledges that fee provisions of Tide IS concerning hazardous chemicals and community righl-to-kaow present information management problems feat are difficult to implement, given the statutory time-frames and governmental budget constraints. Of all fee section ofTitle Ql. sections 311 and 312 present by far the largest information management burden for State and local governments. EPA's concern over this issue has bean fee principal basis for several key regulatory decisions during this rulemaking. For instance, to permit time to work out iirfonnatioa management systems and te ensure that State and local capabilities are net overwhelmed during initial anplamantalion, fl'A is tsteblishnigu3-yeat pfaaaa-utadrednte with high initial reporting thresholds for both section* 331 and 30. State and local governments eho need time to obtain funding and to eetablah fee organisetines and processes 1* implement this legislation. In order to provide as eanch flexibility as possible to State and local governments te establishing their TWs ill programs. EPA is leaving decision-making concerning the median to be used in reporting (e.g^ paper, magnetic tape, telecommunication tinea) to States and local government*. Soane State and local government* already receive information required under sections 311 and 312 from facilities in their jurisdictions, and some make this tefonoatioa available te the public. To fee extent that these submissions \mder State or local law meet the requirements of Motions 311 and 312 regarding the content of submission, timing, and recipients of the information, facilities submitting such information wiH be te compliance with the federal reqnirements. Duplicate ABD00048312 38356 Federal Register / Voi. 52. No. 199 / Thursday, October 15, 1987 / Rules and Regulations submissions under the federal community right-to-know program are unnecessary. Also, in some instances, it may be permissible for fire departments to designate such State systems as the address for their MSDS submissions, provided that these systems will support the emergency response needs. K. Regulatory Impact Analysis A number of comments addressed various aspects of the Regulatory Impact Analysis. Comments ranged from general concerns that estimated costs for industry or government were too low to specific comments on the time, personnel, or equipment attributed to individual compliance activities. The comments also addressed the methodology used In the RIA. including compliance activities they felt had been omitted by government the inclusion of costs for requests and trade secrets in aggregate costs, estimating costs for facilities covered by the OSHA expansion, and expanding the treatment of small business costs. A number of commenters stated that the time estimated for-industry to fill out the forms, or the estimates of the time and space required by government to maintain MSDS, were too low. Other commenters argued generally that estimates of industry costs were too low and gave estimates ranging from one and one-half to ten times the EPA estimates. EPA has revised the analysis to reflect variations in costs for sections 311 and 312 by facility size and number of MSDS. EPA has also modified the section 312 inventory forms and clarified the instructions in this fine! rulemaking, . which should reduce the amount of time it will take industry to comply with these requirements. Wage rates used in the RIA have alto been increased to reflect growth in wages and the technical personnel being used to '* comply with regulations. EPA believes that the costs imputed to the final rule ~ reasonably estimate, on average, the time and other costs that will be Incurred by facilities complying with the requirements of the regulation. Several commenters addressed government costs, stating that estimated costs were too low. that not all necessary government activities were considered, or that additional personnel would be required to comply with sections 311 and 312. One commenter stated that EPA's estimated costs were too low by as much as an order of magnitude. In response to these comments. EPA has revised the time requirements to include additional time spent. . particularly by State and local government, on several activities. Wage rates in the government are assumed equal to those in the private sector thus, government wage rates have also been revised to reflect the estimated change in private sector wages. It should be noted that the RIA has assumed that government agencies do the minimum * activities necessary to comply with the regulations. Costs are intended to reflect, on average, the costs that will be incurred by representative government entities undertaking these activities. However, community right-to-know is essentially a State and local program, and the costs of implementing its provisions will depend on the activities undertaken by each entity. Thus, the costs presented in the RIA may underestimate the actual costs to individual government entities with sufficient funding and the ability, need, or constituency to be proactive in implementing Title III. Several commenters said that EPA has not included in the RIA the costs of requesting information, responding to requests, or making trade secret claims. EPA has modified its approach and provides additional sensitivity analysis on the possible magnitude of some of the costs associated with information requests. However. It should, again, be stressed that community right-to-know is a State and local program: the number of requests is highly dependent on the extent and nature of the uses to which data are put both by public officials and by private citizens end organizations. These uses, in turn, depend on the manner and breadth of the implementation and outreach plans of State end local governments, which makes the costs associated with requests for information difficult to predict Thus, while a sensitivity analysis is provided, the costs of requests are not aggregated into total costs. The costs associated with trade secrets are being addressed in a separate rulemaking that is under way for the Title III trade secret provisions, sections 322 and 323 of SARA. Numerous comments point out that EPA did not address the costs that may be associated with any forthcoming expansion of the OSHA hazard communication standard. These costs are included in a supplemental analysis, which is part of the final RIA. These costs are not aggregated into total costs of sections 311 and 312: total costs reflect the costs to facilities and government of complying with sections 311 and 312, given the current scope of the OSHA hazard communication standard. Other commenters said that the costs estimated for small business were too low or that the regulation constituted significant impact on small business. additional group of commenters submitted a form letter saying that the regulations would be an immense burden on small business. EPA has expanded its small business analysis considerably for the final rulemaking. In particular, per facility costs are varied to reflect both facility size and the estimated number of hazardous chemicals that are present, on average, at a facility in a particular SIC code and size class. To determine whether the regulation will have an impact on small business, a small facility is defined as one with fewer than 20 employees. This group is more likely to show an impact than the broader group (50-150 employees) suggested in the comments. The analysis then looks at the impact on small business using several criteria, including the ratio of costs per facility to sales. After consideration of this additional analysis, EPA reached the same conclusion as in the proposed rulemaking; a substantial number of small businesses will be effected* but the impact will not be significant Thus, the Agency is not performing a Regulatory Flexibility Analysis. - L. Miscellaneous 1. Enforcement/Penalties The Agency received numerous comments and queries on the subject of enforcement Some commenters stated that a violation should be treated as a one-time occurrence and not a . continuous violation as specified in the proposed rula. Others requested flexibility in determining violations and assessing penalties, especially where the owner or operator makes good faith efforts toward compliance. Still another commenter asked how enforcement would be accomplished. With regard to one-time versus continuous violations, section 325(c)(3) i of Title 111 provides that each day a violation of section 311 and 312 continues shall constitute a separate violation. EPA has therefore retained this provision in the final rule. With respect to issues concerning how EPA will enforce compliance with these provisions, EPA is preparing a compliance strategy for Title HI that will address these issues. Criteria for determining penalties will also be set out in that document. 2. Compliance/Timing Two dozen commenters addressed questions concerning compliance and scheduling. Their statements ranged ABD00048313 9 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38359 from a view that the 45-day response period for Tier II requests is unrealistic, to a request that EPA stipulate a 15-day period for a SERC or LEPC to respond to a public request for MSDS or Tier II forms and that the same 15-day deadline be placed on the facility. EPA has retained the 45-day schedule for response to Tier II public requests as specifically provided under section 312. In the regulation, EPA establishes a 30day schedule for response by an owner or operator to SERC or JLEPC requests for MSDS and Tier 11 information. EPA believes that the 30-day timetable for Tier n Information is necessary to ensure adequate time for the SERC and LEPC to meet the statutorily-established response time. The same period was estalished for MSDS responses to avoid confusion over applicable time periods under this rule. However, the Agency has also reiected the establishment of other time limitations in order to preserve flexibility at the State and local levels with respect to timing of responses. 3. Use of Tier I and Tier n Forms Numerous comments were received indicating that Her II information is more useful than Tier I Information. EPA agrees with these commented. For this reason, the Her 0 form has been designed for potential use as a worksheet and guide for gathering information ultimately to be used in the Tier I aggregate data. Section 312 and 8 370.25(b) of the regulations allow facilities to submit the Tier Q form in lieu of Tier L Several commenters asked whether the Tier II Inventory form could be submitted instead of the MSDS or list: others favored the option of submitting the MSDS instead of Tier I and Tier EL Under today's rule, the Tier D inventory form cannot be submitted in lieu of the MSDS: nor can the MSDS submission constitute compliance with inventory form reporting. Title in establishes several distinct reporting requirements under community right-to-know that serve different purposes. The MSDS submission under section 311 allows the public to find out what chemicals are present at facilities and the types of hazards they present. The 312 inventory forms provide more specific location, storage, and quantity information. These requirements are not alternative. 4. Need for Funds A dozen commenters indicated a need for funding in order to carry out the Title III requirements. No federal funding has been provided in support of Title 111 community rightto-know requirements at State and local levels. However. EPA intends to provide technical support to States in carrying out their responsibilities. The Agency received a number of comments regarding the burden that Title III places on both industry and State and local agencies in terms of costs, manpower, and record-keeping. EPA has made every effort in this rulemaking to minimize this burden, while effectively satisfying the legislative intent of Title 111. The Agency has instituted a 3-year phase-in period, encouraged the use of the list option as opposed to the MSDS option, and reduced the number of reporting categories for physical and health hazards. Additionally, the Agency as conducted outreach activities such has teleconferences and workshops targeted at overall Title III implementation. 5. Responsibility for and Appropriateness of Data EPA received many comments requesting clarification of the submitter'* responsibility for the accuracy and completeness of submitted data. Several commenters felt that only producers, importers, and distributors should be responsible for the accuracy of chemical hazard assessments and that users should not be responsible for initiation or verification of data. While producers, importers, and distributors are responsible for providing accurate MSDS information, downstream users who submit or rely upon, such MSDS should make reasonable efforts to correct information that they know to be inaccurate or to inform the recipients of the information of its Inaccuracies. A number of Gommenters noted that many workplace substances classified as hazardous chemicals under OSHA regulations do not present a danger to communities. Others mentioned cleaning and maintenance products as examples and asked that they be excluded. Many work-place substances do not. in fact, constitute a hazard to the community. Sections 311 and 312 focus primarily on the presence of hazardous chemicals within the community and the need for public access to information about their existence whether or not they pose a present hazard to the community. However, many cleaning and maintenance products are excluded from the definition of hazardous chemical as consumer products, or need be reported only on request if they are present in quantities below the threshold. One commenter asked for a clarification of the obligations of facility owners or operators who voluntarily provide MSDS to customers and employees. If an owner or operator chooses to provide MSDS to customers and employees even though he is not required to do so under OSHA. the owner or operator does not need to submit the MSDS or Tier I and Tier II forms under Title III since these requirements only apply to persons required to prepare or have available MSDS for hazardous chemicals under OSHA regulations. 6. Scope of the Section 311 and 312 Requirements Several commenters remarked on the transitory nature of some of the information and the necessity of frequent revisions. Under section 312. the reporting requirement la annual and thus will automatically capture new or revised information. Facilities may. and in most cases should, inform their local or State government or fire department immediately if there is a change in the emergency contact number or other significant information on the inventory forms. Facilities subject to section 303 must provide information on relevant changes at the facility to the LEPC foe planning purposes. With respect to MSDS submission under section 311. under today's rule, a revised MSDS must be filed with the LEPC, the SERC. and the local fire department within three months after significant new information is discovered. EPA received a number of comments on the scope of the reporting *, requirements. According to one . commenter, reporting on ell chemicals required to have an MSDS is too broad, because chemical suppliers have interpreted the OSHA hazard communication standard to include the broadest range of chemicals in order to avoid future liability. Another commenter felt that the reporting requirements would be too narrow if f only SIC codes 20-39 were covered. Title 111 requires that MSDS be submitted for each hazardous chemical for which an MSDS is required under OSHA except where EPA establishes a threshold for reporting. EPA does not believe that sections 311 and 312 requirements can or should be applied to facilities not required to have MSDS under OSHA regulations. However, when OSHA's expansion of the hazard communication standard to non manufacturing facilities becomes effective, the reporting requirements under sections 311 and 312 will automatically apply to the facilities newly covered by the OSHA ABD00048314 ffawn Federal Register / Voi. 52, No. 190 t Thursday, October 1987 / Ruler end Reyrfstwns requirements. Aka EPA does not believe that the expansive interpretation of the OSKA hazard communication standard given by members of the regu lated community provides a sufficient basis Cos Limiting the scope of section ail and ai2 requirements, especially in light of explicit statutory coverage and specific statutory exclusions. Te the extent possible. EPA has taken into consideration the expansion of the 311 and 312 universe. EPA has limited authority to revise sections 311 and 312 requirements and ha* m this rule exercised its full authority to enema an effective community right-to-know program. Its this rute^EPA hasmitigated impact by setting high initial thresholds to avoid undue burden in early Implementation stages, reducing haaard categories, developingoofreaeft ptograms. end retaining fTayihflity for local and State governments as much ss possible. However, as discussed earlier, EPA wilt review the minimum thresholds established in this rule when OSHA'r expansion of its hazard communication standard becomes effective and wifi undertake a ndemetdng if necessary, to revise those thresholds to avoid overwhelming M5DS end Tier lsubmissions to Stats and focal officials as a result of the expansion. One commenter recommended that all required information, including updates, be submitted to both the State end local ' organizations'to maintain consistency In reporting. - UFA agrees end fare exercised ftr general rufoeiaMig authority under Section 386 te require suUmissibn ofthe updated MSDS to efi entitfed receiving the original MSPS. Otherwise, underfire proposed mk. onlyfee IBPC wwrid receive updated udsiMlwu and tires have current infon--flow on a fucgjty. A new MSDS at the facilitymeet elan be submitted to ati three entities (as indicated te f 37tX21(c}(2)), V.Relationship to Other EPA Programs A. Otfmr TWeniPwgtmm T. Subtitle A--Qnergeacy Planning Tide IS o6 SARA establishes several reporting and notification requirements in addition to sections 311 and 312. Subtitle A of Title III contains several notification provisions that, are critical to local emergency planning. In order to facilitate local emergency plamriJig, under section 3tt facilities that have present an amount of an extremely hazardous substance in excess of the correspcmdinB tfaeashold planning quantity were nqpised to notify the State emergency response commission by May 17.1987. or within 60 days of acquisition of such a substance. Section 303 requires that such facilities designate a representative to work with the local emergency planning committee* in the Title HI planning process and provide information concerning the facility that may be relevant to emergency planning. Section 304 establishes immediate release reporting requirement* to enable timely and effective local response to releases of extremely hazardous- substances and CERCLA hazardous substances. These emergency planing requiremeats are set forth in e final rale published on April 22; 1987.52 FR133801 These requirements ere unaffected by today's rate. Today's rate seta oat the reporting requirement* wider section* 311 and 312. Subtitle B of Title UL The focus of Subtitle B is public access to information concerning chemicals in their coumranitie* rather than emergency response, end (hue reporting requirements under Sabtitfe B ere both broader m scope than Subtitle A end, under section 312, continuing in nature. However, (he information obtained or made available under sections 311 end 312 of Subtitle B may also be of significant value to emergency responder* Subtitle B will make available te the local and State emergency planners information on other chemicals and facilities, beyond those identified under Sobtitie A, that they may wish te include te their emergency planning efforts. Tier II information under section 312 will preside specific information on fee quaetiiie* and locations of hazardous chemicals. Thus, sections 3T1 and 399 provide information beneficial te the emergency planning requfred under Subtitle A. As discussed m the April 22.19V. fetal rule, the facilities identified ss e result of that rale are only s `That cet" of the faculties and potential chemical hazards for winch emergency planning may be necessary. 2 Subtitle B--Section. 313 Toxic Chemical Release Inventory Subtitle B also estabtishe* reporting requirements under Section 30. Beginning July 1.1968. certain manufacturing facilities at which there is a "toxic chemical" manufactured, processed, or otherwise oard in excess of a statutory quantity must annually report to EPA and the State, with respect to each rubstance, the maximum amount present at the facility, the treatment or disposal methods need. and the annual quantity released into the environment. These requirements are the subject of * separata ratemaking. proposed for public comment on June 4. 1967. 52 FR 21152. 3. Trade Secrets Title 111 also establishes provisions for the protection of trade secrets. Section 322 of Title HI entitles persons required to submit information under sections 303. 311.312. and 313 to witbbold the specific chemical identity from disclosure under certain conditions, fn order to withhold such information, however, a person, must submit the withheld information and an explanation-to ERA. Under section 322(c)'* EPA is required to publish regulations to implement tiretrad* secret provisions as soon a* practicable after the enactment of SARA. EPA intends to propose trade secret regulations under Section 322 later this year. B. CER&AJUpertmgtowfninmuift CERCLA section 183 establishes notification requirements for facilities at which there is a release of a reportable quantity (RQ) of a CERCLA hazardous substance. Suchreleases must b*. immediately reported te the National Response Center 1809 426 8602. o to the Washington. DC matrapotitrei area *t 202-425-2075). These reporting requirements and the lietofbana/dou# substances and RQs. are found in 40 CFR Port 302 and are for the purpose of alerting federal respotter* to a potentially dangerousrelease of * hazardous substanceeo (hat eny necessary response con bo made te a timirfy farVr# 'n"" --***-- requirement* are siniites to the release notification reqparereeofte ureter section 304 ti Title UI that mate bo neda to focal end State response pirsaunal and age unaffected by today's rate. VT. Effective Date Section 563(dl of the Adreiraatfstive Procedure Act (APA) generally reqoires that the effective date of substantive rules be no earlier than 30 days after publication is the Federal Hipter. However, section 5&3fd) also provides exceptions to the 30-day effective date requirement for rales that grant an exemption or relieve * restriction and for other "good cause." EPA has made this rate inunedretety effective upon publication for several reasons- First, the submission of MSDS or alternative lists is required under section 311 by October 17,1967. Providing a 30-dry effective date would make this regulation, which implements those requirements, effective after October 17 and thu* may cause serious confusion within the regulated ABD00048315 Federal Register / Vol. 52. No. 193 / Thursday, October 15, 1987 / Rules and Regulations 38361 community over how to comply with statutory and regulatory reporting requirements. In addition, this final rule reduces the categories for reporting and establishes minimum thresholds, which relieves the impact of the statutory requirements otherwise effective on October 17,1987. Finally, the other requirements implemented by this rule relate to section 312 reporting, which is not required until March 1,1988. Thus, those requirements would not be affected by the 30-day effective date requirement under section 553(d) of the APA. Because EPA believes that It thus has "good cause" to suspend the 30-day effective date requirement and this rule relieves reporting otherwise required by statute, the Agencyhas made this rule immediately effective in accordance with- section 553fd) ofthe APA. VIL Btgulstasy Analyses . A. ReguhtertHepaetAmsfyen * vy.- ^HOcr.-v-n-; ' - ^ = ' Bxscatfso Ordee NO.122*1 require* eachfeJsralegsnry todatermtaa If a refutation tae?taajM''ruIe'e defined by the Order sad to prepare end considerx Bsgatalosy imped Analysis (RlA)ta co--tttna with sech major rule. Became EPA has determined that the reporting requirements for hazardous chsmicale in tide rulemaking constitute a major rule under Executive Order No, ltltt. the Agency baa prepared an SUA tournees the economic impact on the final regulation ce> affected industry sod State and local government entities..The fallowing results are prreenlwfctadetailin the analysis does--tad UkAegvialarj ' *> Jmpact Analyticin SupportofFinal Rulemaking UnderActions 9il aad3X2 of the SupeifondAmendment* and . ReouthariMOiiemAetof 1986, which tar: ; availablefoe-review in the public docket for this rulemaking. This rule wss submitted to the Office; of Management mid Budget for review i as required by Na 12291. 2. Methodology and Data Sources EPA conducted an assessment of the costs, benefits, and economic, impacts associated with the final rule and the primary regulatory alternatives. The regulation affects employers covered by some provisions of OSHA'a hazard communication standard and three types of government entities--State emergency response commissions, local emergency cfunP!>'tt"*i and fire departments. Both industry and government ore required by sections 311 and 312 of SARA to undertake certain activities, and, thus, both types of entities incur costa to comply with these regulations. Benefits for both industry and government may also arise in conjunction with compliance activities. In addition, industry, government, and other groups may, as a result of these regulations, undertake additional voluntary activities that generate benefits both for these groups as well as for the general community. The interrreiationships among the activities undertaken by these diverse groups, the provisions of Title UL and the potential consequences for health and the environment are complex. Thus, time constraints did not permit EPA to perform a quantitative evaluation of the . benefits of these provisions: a qualitative discussion of the benefits is provided in the R1A. Costs of complying with sections 311 end 312 of SARA are incurred by covered facilities. State emergency response commissions, local emergency planning committees; and fire departments. Total costs depend on the number of facilites reporting, the total . number of MSDS, and the member of government entities receiving tfco-dsta. For the industry analysie. EPA 1 - analyzed the activities that each facility would have to undertake to comply with sections 311 and 312 and the unit costs associated with each activity. It was assumed that the cost incurred by a facility varied in different years depending on die regulatory alternative being considered, the size of the facility, and the number of chemicals at the facility. Total costs to industry, thus, depend on the number of facilities ffeefed or reporting, the number of chemicals forwhich MSDS are maintained at these facilities, and the unitCoats essorimted with each of the compliance activities. OSHA'shauird communication standard |HC8> cwrentiy covers faculties In the manufacturing sector (Standard liwlusbial Classification (SfC) codes 20 through 39), although OSHA has recently expanded the HCS to the non-manufacturing sector, to be effective in May. 1988. The number of facilities in each two-digit manufacturing SIC code nationwide wee obtained from the Bureau of the Census (County Business Patterns, U.S. Department of Commerce, 1984) for four fatality sizes: (1) 1-19 employees, (2) 2099 employees. (3) 100-249 employees, and (4) more than 249 employees. Based on census data, there are an estimated 350J40 manufacturing facilities that could potentially be affected by this rule. The number of MSDS present on average, et a facility in each SIC code and facility size class was provided by updating OSHA's i960 estimates of the number of "regulated chemicals" (i.e., MSDS) in each SIC code and size class to 1986. The total number of MSDS maintained at all manufacturing facilities is estimated to be 35.004.503. which implies that an average facility maintains 100 MSDS. On average, the smallest facilities (those with 1-19 employees) are estimated to have 74 MSDS. and the largest facilities (more than 250 employees) have 308 MSDS. The costs to industry of complying with each of the regulatory alternatives have been estimated as have the costs of complying with the default legislative requirements ifEPA had promulgated no regulations. Five regulatory alternatives are identified for analysis in tills report The regulatory options differ from each other with regard to the threshold that is in effect in each year. Raising tits threshold in a given year reduces industry coats in that year by reducing thenumber of chemicals that fatalities report under bath Sections 911 end 312 and by reductag tta number of farfKtte* that report v ..-. Estimates affiie numbers of covered facilities sndreportahle chemicals far each threshold levelwere nhlstaadfrirw a data set that was compiled a*part of an industrial survey conducted by the State ofNew Jersey la 1979. Toperform this analysis, tha chemical reports in the New Jersey data sal ware weighted to make the mix of facilities by SICcode more representative of the mix of. facilities nationwide; The effects of different thresholds oil the numbers of fririlllfhs and rhrnnirsls mvsred wsro then calculated. The cost methodology assumed.thet the effect ofthresholds on the percent of facilities or chemicalscovered is unaffected by SC cod* or the size of the.facility. At lOUQOQpounds. U is estimated that 22 percent of-tho facilitiee (78JXX)) will be required toseport, and that 13 percent of the chemicala (4^ million) will be reported. At 500 pounds; it is estimated that 82 percent of the facilities (288,009) and 57 percent of the chemicals (19.9 million) will be covered Similar weighting procedures were * followed for data rets obtained from two other states. MtcUgan and New York. The data from these states dkt not contradict the New Jersey data; tho latter were used in the analysis since they were more complete in several variables and also provided a more conservative view of the extent to which thresholds reduce costs. In addition to differences in the reporting thresholds, the regulatory alternatives differ from the default statutory requirements in two respects. First, the statutory default for hazard categorization it the OSHA categories, which were defined as 23 categories of health and physical hazards for the proposed rule. EPA is promulgating five ABD00048316 38362 Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations hazard categories; performing hazard categorization should be less costly for industry than under the 23 OSHA categories. Second. EPA is publishing inventory forms for reporting; if no forms exist the legislation requires that facilities submit section 312 information by letter. Both these factors reduce the estimated cost of the regulatory alternatives in comparison with the legislation. The analysis of costs to government proceeded along lines similar to the industry analysis. The analysis estimated costs for a representative State commission, local committee, and fire department It was assumed that the costa incurred by each entity in each year depended on the number of reports received, on the number of facilities reporting, and on the number of government entitles. EPA assumed that then would be only one commission per State and estimated the number of local committees and fire departments.' Both the Industry and government analyses assume that reporting and . receiving entities undertake the minfmum activities that they must perform to comply with SARA. The analysis, therefore, does not take into account the costs associated with voluntary activities, such as designing and using computer systems to store and access the. data, alterations in chemical usage patterns that may arise at facilities as a result of these sections of SARA, or other activities or effects. Several supplemental analyse* were performed to provide evidence on the sensitivity of the results to changes in variotiii assumptions of the J" methodology, in particular, present value total costs were computed (a) for two discount rates, 4% end 10%, (b) using an alternative set of results on the effects of thresholds, (c) for the 23 OSHA categories as well as the five categories in the rule, and (d) for the non-manufacturing facilities that will be covered by the OSHA expansion of the HCS. An analysis of some of the costs potentially associated with requests is also presented. In particular, a sensitivity analysis of the aggregate cost to government of responding to requests for MSDS or Tier 1 information when the information is already in the files is included. The cost to a facility of responding to an individual request for MSDS or Tier I information is provided as is the cost to a government entity of requesting MSDS or Tier I information if it is not in the files. The cost to a facility of responding to Tier U requests, under alternative assumptions on the number of chemicals for which Tier 11 information is requested, is also provided. 3. Results The RIA analyzes five regulatory alternatives as well as the statutory or default baseline. In addition, two alternative hazard categorization schemes are considered. The five threshold options considered are: Alternative 1: No threshold Alternative II: (Proposed) 10.000 pounds in year 1 500 pounds in year 2 No threshold in year 3 and subsequent years Alternative III: 10.000 pounds in year 1 10.000 pounds in year 2 500 pounds in year 3 and beyond Alternative IV: 10.000 pounds in year 1 10.000 pounds in year 2 50 pounds tn year 3 and beyond Alternative V: 10.000 pounds in year 1 10.000 pounds in year 2 2.000 pounds in year 3 and beyond. In present value (PV) terms, the cost of each of the regulatory alternatives is lower than the coat associated with the statutory requirements. Present value costs for each of these threshold alternatives were computed by discounting annual costa over the first ten years of reporting at ten percent Assuming the five hazard categories promulgated in the final rule, the PV costa to industry for the five alternatives range between $520 million and just over Svbiilton. In comparison with $1.0 billion for the statutory requirements (the baseline). For government present value costa range between $120 million and $260 million: the coeta of the no-threshold option are the greatest and are identical with thecosts of die baseline under the assumptions of the-analysis. For both industry and government Alternative V. which has the highest permanent threshold, has the lowest continuing costs and the lowest present value costs. Alternative!. the no-threshold option, has the highest costs. Alternative III, the preferred alternative for this rulemaking, is towards the low end: $708 million for industry and $178 million for government. For Alternative III. first-year industry costs equal approximately $162 million, second-year costs drop to $24 million since the threshold is unchanged, third year costs rise to $348 million, since the reduction in the threshold requires many more facilities to report on additional chemicals. Costs level off at $59 million in the fourth and subsequent years. Costs for the other alternatives in the fourth and subsequent years range between $39 million and S66 million, depending on the threshold level in those years. In the first year of reporting, all system set-up and design costs are attributed to section 311: thus, the costs to industry of complying with section 311 slightly outweight those associated with section 312 for all regulatory alternatives except Alternative I. the no threshold option. For year three onward, section 312 costs outweigh section 311 costs; for Alternative ID in year four, the costs associated with section 312 are approximately 8f percent of the combined costs to industry of sections 311 and 312. _. In general, annual government costs for sections 311 and 312 combined are much smaller than those estimated for industry. Hri* reflects the assumption in the analysis that many costa, such as rule familiarization and system design, are incurred by each individual facility or government entity and are not directly related to the number of forma- being handled. First-year costs equal $43 million for all alternatives except the no- threshold option;second-year costa drop substantially; third-, fourth- (and subsequent) year coeta level off at between $15 million and $32 million. Although costa to an individual State commission far exceed those to a local committee or fire department there are many more fire departments than commissions or committees so that, in aggregate, coats to fire departments may account forasmuch as one>-thifdto- more than one-half of government coats' in any given year. ''r The above costa do not reflect the costs of the regulatory alternatives if OSHA's 23 hazard categories had been used in the final rule. In present value terms, using the original 23 categories rather than five leads to a 28% to 38% increase in costs over 10 yean, depending on the alternative. Both industry and government will incur costs in conjunction with requests. SERCs. LEPCs and fire departments, as well as other government officials, may have access to the information reported under these sections and may request additional information. In addition. SERCs and LEPCs will, under certain circumstances, have to make available MSDS and inventory forms that they have received from facilities. They will also have to request information that either was not reported or that concerns chemicals below the threshold, and they will need to make determinations on. and possibly request. Tier 11 ABD00048317 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 383fi:i Information. Similarly, facilities will need to respond to requests by government It is difficult to estimate the aggregate costs associated with requests, since the magnitude of these costs depends crucially on the behavior of the public and government and the types of programs that are set op on the threshold level in effect, and on the government's implementation of the Tier 11 provisions. An estimate of the potential costs to government of responding lo requests for MSDS was obtained assuming that requests for between five and 25 percent of facilities are received by government. If government agencies provide copies of all MSDS that a facility has submitted, estimated costs to government of handling these requests range between leas than $400,000 to over $1.8 million. The number of Tier D requests to which industry must respond will depend on the criteria used by local committees to evaluate public requests, the number of public requests made, the distribution of these requests across chemical volumes, and the number of requests originating with the government it is thus difficult to estimate the aggregate coats associated with Tier II information: however, the costs to an individual facility of responding to a Her li request may range between approximately $800 and $6J00, depending on the number of chemicals for which the request is received and the size of the facility. Similarly, the number of requests that government will make to industry for MSDS stored below the threshold wlU depend on the number of requests that governments receive, which,in tern, depends on the size of the threshold and the outreach program end policies of government. Further, if facilities rh"m to submit lists, additional reqseata ior MSDS will be generated. No aggregate estimates of die ooeteef complying with requests below the threshold are presented. However, the cost to government of requesting all MSDS bom a facility, photocopying, and mailing the information to the requester when the information is not on file is estimated to be $52 per request the cost to industry of complying with the request is $31. Those activities and associated costs are intended to represent one reasonable method of making information available to the public and may not be used by all government entities. The analysis also examined the effects of OSHA's expansion of its HCS on industry and government costs. This expansion may affect as many as 3.5 million non-manufacturing facilities with approximately 87 million MSDS. Very rough cost estimates suggest that, for the chosen alternative, present value costs to non-manufacturing facilities of complying with sections 311 and 312 combined may be as high as $3.7 billion; this is approximately five times the costs estimated for manufacturing. For government, incremental costs associated with the expansion are approximately $1.1 billion, which is over six times the costs associated with the current scope of the HCS. Benefits arise m coniunction with several parts of the reporting requirements of this rule. Potential benefits arise in conjunction with this rule primarily because the Information that is reported is used [e.g.. more effective planning occurs, which reduces the probability of accidents or chronic exposures). Thus, the provisions of the regulation affect the benefits generated, in comparison with those generated by the statutory requirements, in several ways. First, the reporting thresholds affect the volume of information submitted. Reducing, the number of submissions generates benefits if the information is more manageable. However, raising thresholds may reduce benefits if public access to complete information on chemical hazards in the community is reduced or impeded. Second, simplifying the hazard classification system affects benefits. On the one hand, it promotes efficient use of the information; conversely, it reduces the level of detail available to the government and the public. Benefits also raise in conjunction with two public access provisions that have been incorporated into the final role: reposting m the hst of EHS at 500 pounds or the TPQ and access by the public, onrequest to information on chemicals stewed below the threshold. Both these provisions provide benefits to communities with specific needs for complete information. Finally, use of the published form by industry for Section 312 reporting may provide benefits. Consistently formatted information is easier to process, manage, end use and thus may encourage utilization of the information by the general public and government entities. B. Regulatory Flexibility Act t. Purpose Under the Regulatory Flexibility Act. whenever an agency is required to issue any proposed or final rule for publication in the Federal Register, it most prepare and make available a Regulatory Flexibility Analysis that describes the impact of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions), unless the agency's Administrator certifies that the rule will not have a significant impact on a substantial number of small entitles. The analyses contained in the RIA address the impact of this rule on small entities. Based on these analyses. EPA has concluded that, while the rule affects a substantial number of small entities, the impact on each is not significant. 2. Methodology and Results To examine the impacts on small businesses, EPA compared average costs for small facilities (defined to be those with 1-19 employees) to average and median sales for those facilities, by two-digit SIC code. There are a substantial number of small huainesses under this definition: 225.423 facilities--64 percent of total manufacturing--ere.estimated to be smaU. AU of these facilities must, at (east, incur the cost of becoming familiar with the requirements of these Sections, and thus, incur some costs of complying with sections 311 and 312. In order to assess the impacts on small businesses, several guidelines were used. The primary criterion, however, is the ratio of annual costs to average or median sales. A worst-case scenario is provided by examining the first year of Alternative U no threshold. Average costs to industry for smaU businesses, by S1C cods, range between $1,400 and $2,100. As a percentage of average sales, the rang? is .12 to-71 percent. The range as a percentage of median sales isnarrower-->20 to -64 percent. This is well withinEPA's guidelines that cost remain below S percentage of sales in order to avoid significant impacts. However. EPA is concerned that it has been unable to provide a complete assessment of the impact of this rule on small businesses in all business sectors that will in the future become subject to these requirements due to OSHA's expanded hazard communication standard. As indicated earUer. EPA is understanding a more detailed review of the appropriateness of these thresholds in this rule as they apply to the expanded coverage of the OSHA MSDS requirements. EPA will also be conducting a further analysis of small businesses newly subject to OSHA and Title 111 requirements. 3. Certification On the basis of the analyses contained in the RIA with respect to die impact of this rule on small entities. I hereby certify that this rule will not have a significant impact on a ABD00048318 36304 Federal Register / Vol. 52. No, 199 / Thursday, October 15, 1987 / Rules and Regulations substantial number of small entities. Subpart C Public Access and Availability This rule, therefore, does not require a of information including "carcinogens" (as defined Regulatory Flexibility Analysis. Sec under { 1910.1200 of Title 29 of the Code'* C. Paperwork Reduction Act 370.30 Requests for Information 370.31 provision of Information of Federal Regulations) and other hazardous chemicals that cause an ># The information collection requirements contained in this rule have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980,44 U.S.C. 3501 et Suboart 0--Inventory Forma Sec 370.40 Tier I Emergency and Hazardous Chemical Inventory Form 370.41 Her U Emergency and Hazardous Chemical Inventory Form adverse effect to a target organ and which effect generally occurs as a resuit of long term exposure and is of long duration: seq. and have been assigned OMB control number 20500072. Authority: Secs. 311.312.324.325.328.329 of Pub. L. 99-499.100 Stat 1613.42 U.S.C. defined under 11910.1200 of Title 29 of the Code VUL Submission of Reports 11011.11012.1102111025.11028.11029. of Federal Regulations): Ifnecessary to obtain reporting forms, facilities should contact their State emergency response commission. Although EPA intends to provide camera-ready copy of the federal form for use by the SERCs. the commission will be responsible for co-ordinating with the LEPCe and fire departments regarding the printing and distribution of the inventoryforms. To obtain the address of a SERC, an individual or facility should contact thsir Governor's office or the Chemical Emergency Preparedness Hotline at (800) S3V0202 or (202) 479-2449 (DC and Alaska). Tbs SERC should be able to provide information concerning the LEPCe within the State. Ust of Subjects ia 49 CFR Part 370 Chemicals. Hazardous substances. Extremely hazardous substances. Intergovernmental relations. Community right-to-know. Superfund Amendments and Reauthorizetion Act, Chemical accident prevention, Chemical emergency preparedness, Community emargencjMesponse plan. Contingency planning. Reporting and recordkeeping requirements. Date October 8.1987. Laa M. Thomsa, Adminiitrotor. For the reasons set out in the Preamble, Subchapter | of Title 40 of the Coda of Federal Regulations is amended by adding Part 370 to read at follows: PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TOKNOW fubpart A General Provtatons Sac. 370.1 Purpoae 3702 Definitions 370.5 Penalties Sutopart B- Reporting Requirements Soc 370.30 Applicability 37021 MSDS Reporting 370.25 Inventory Form Reporting 37028 Mixtures Subpart A--General Provisions f 370.1 Purpose. These regulations establish reporting requirements which provide the public with important information on the hazardous chemicals in their communities for the purpose of enhancing community awareness of chemical hazards and facilitating development of State and local emergency response plana. 13702 OeOnMom. "Commission" means the State emergency response commission, or the Governor if there is no commission, for the State in which the facility is located. "Committee" means the local emergency planning committee for the emergency planning district in which the facility la located. "Environment" includes water, air, and land and the interrelationship that equipment structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of smergency release notification, the term includes motor vehicles, rolling stock, and aircraft. -^i&nmediate (acute) health hazard." including "highly toxic," "toxic." "irritant," "sensitizer." "corrosive," (as defined under 11910.1200 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that causa an adverse effect to a target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration: including "explosive" and "compressed gas" (as defined under 11910.1200 of Title 29 of the Coda of Federal Regulations): and (aa defined under 11910.1200 of Tide 29 of the Code of Federal Regulation). "Hazardous chemical" means any hazardous chsmical as defined under 11910.1200(c) of Title 29 of the Code of Federal Regulations, except that such term does not include the following substances: (1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the seme form and concentration aa a product packaged for distribution and use by the general public (4) Any substance to the extent it is used in e research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. (5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimata customer. "Inventory form" means the Tier I and Tier II emergency and hazardous chemical inventory forms sat forth in Subpart D of this Part "Material Safety Data Sheet" or "MSDS" means the sheet required to be developed under i 1910.1200(g) of Title 29 of the Code of Federal Regulations. "Person" meant any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association. State, municipality, commission, political subdivision of State, or interstate body. "Present in the same form and concentration as s product packaged for ABD00048319 R Federal Register / Vol. 52, No. 199 / Thursday, October 15. 1987 / Rules and Regulations 38365 distribution and use by the general (ii) On or before October 17,1989 (or 2 public'' means a substance packaged in years and 3 months after the facility first a similar manner and present in the becomes subject to this Subpart), for all same concentration as the substance hazardous chemicals present at the when packaged for use by the general facility between 10.000 and zero pounds public, whether or not it is intended for for which an MSDS has not yet been distribution to the general public or used submitted. for the same purpose as when it is fflolie owneror operator of a facilfiv packaged for use by the general public. suHjectjlothis Subpart shaUsubmif the "State" means any State of the Ignited ^Tierlfonn^ States, the District of Columbia, the (i) On or before March 1.1988 (or Commonwealth of Puerto Rico. Guam. American Samoa, the United States Virgin Islands, the Northern Meriena Islands, and any other territory or possession over which the United States has jurisdiction. \ "TPQ" means the threshold planning quantity for an extremely hazardous substance as defined in 40 CFR Part 355. March 1 of the first year after the facility first becomes subject to this Subpart), covering all hazardous chemicals present at the facility during the preceding calendar year tn amountsf feqaaltoorg^rCTrtnSyib^dtWpounQs, oMhat are extremelyhazardousf isubstances presentatthefadlitv tn in Amount greaterthan or equal to 500 Ippundfr (or 55 gailona);orihe TPQ? 370.5 MnaMee ^whichever is'.iMtTsaBd.*^ (a) MSDA repotting. Any person other than a governmental entity who violates any requirement of $ 370.21 shall be liable for civil end administrative penalties of not more than $10,000 for each violation. . (b) inventory reporting. Any person other than a governmental entity who violates any requirement of 1370.25 shall be liable for civil and administrative penalties of not more than $25,000 for each violation. (c) Continuing violations. Each day a violation described in paragraphs (a) or (b) of this section continues shall constitute a separate violation. , (ii) On or before March 1.1989 (or March 1 of the second year after the facility first becomes subject to this Subpart), covering all hazardous chemicals present at the facility during the preceding calendar year in amounts equal to or greater than 10,000 pounds, or that are extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds (or 55 gallons) or the TPQ. whichever is less, and (iii) On or before March 1990 (or March 1 of the third year after the facility first becomes subject to this Subpart), and annually thereafter, covering all hazardous chemicals Subpart 8--Reporting Requirements present at the facility during the preceding calendar year in amounts 370.20 AppOeabOtty. equal to or greater than zero pounds or (a) General. The requirements of this subpart apply to any facility that is required to prepare or have available a material safety date sheet (or MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act. (b) Minimum threshold levels. Except as provided in paragraph (b)(3) of this that are extremely hazardous substances present at the facility in an amount equal to or greater than 500 pounds (or 55 gallons) or the TPQ. whichever is less. (3) The minimum threshold for reporting in response to requests for submission of an MSDS or a Tier U form pursuant to 370.21(d) and 370.25(c) of this Part shall be zero. section, the minimum threshold level for 370.21 MSOS reporting. reporting under this subpart shall be according to the following schedule. (a) Basic requirement. The owner or operator of a facility subject to this (1) The owner or operator of a facility Subpart shall submit an MSDS for each subject to this Subpart shall submit an MSDS: hazardous chemical present at the facility according to the minimum (i) On or before October 17.1987 (or 3 threshold schedule provided in months after the facility first becomes paragraph (b) of 370.20 to the 8^bjectjpthia.subpart),JFall?___ committee, the commission, and the fire ^hazardouschemicals present:atthe2 department with jurisdiction over the fadlitylnamounts equal;toofgreater facility. fhan-lO.OOO/pcunda.'^r-that are? (b) Alternative reporting. In lieu of the extremely hazardousAubaUnces present submission of an MSDS for each atthefacility irian~amQuritl^aterjhftn hazardous chemical under paragraph (a) .orequaljo;5dQpoundft,(or.55gallons) or of this section, the owner or operator -theTPQ.wKicheverjaless. antf may submit the following: (1) a list of the hazardous chemicals for which the MSDS is required, grouped by hazard category as defined under 370.2 of this Part: (2) the chemical or common name of each hazardous chemical as provided on the MSDS: and (3) except for reporting of mixtures under 370.28(a)(2), any hazardous component of each hazardous chemical as provided on the MSDS. (c) Supplemental reporting. (1) The owner or operator of a facility that has submitted an MSDS under this section shall provide a revised MSDS to the committee, the commission, and the fire department with jurisdiction over the facility within three months after discovery of significant new information concerning the hazardous chemical for which the MSDS was submitted. (2) After October 17.1887. the owner or operator of a facility subject to this section shall submit an MSDS for a hazardous chemical pursuant to paragraph (a) of this section or a list pursuant to paragraph (b) of this section within three months after the owner or operator it first required to prepare or have available the MSDS or after a hazardous chemical requiring an MSDS becomes present in an amount exceeding the threshold established in 370.20(b). (d) Submission of MSDS upon request The owner or operator of a facility that has not submitted the MSDS for a hazardous chemical present at the facility shall submit the MSDS for any such hazardous chemical to the committee upon its request. The MSDS shall be submitted within 30 days of the receipt of such request. 37&25 Inventory reporting. (a) Basic requirement The owner or operator of a facility subject to this Subpart shall submit an inventory form to the commission, the committee, and the fiie department with jurisdiction over the facility. The inventory form < containing Tier I information on hazardous chemicals present at the facility during the preceding calendar year above the threshold levels established in 370.20(b) shall be submitted on or before March 1 of each year, beginning in 1988. (b) Alternative reporting. With respect to any specific hazardous chemical at the facility, the owner or operator may submit a Tier 11 form in lieu of the Tier [ information. (c) Submission of Tier II information. The owner or operator of a facility subject to this Section shall submit the Tier 11 form to the commission, committee, or the fire department having ABD00048320 38366 Federal Regiator / Vol. 52. No. 199 / Thnrsday, October 15. 1987 / Rules and Regulations jurisdiction over the facility upon request of such persons. The Tier 11 form shall be submitted within 30 days of the receipt of each request (d) Fire department inspection. The owner or operator of a facility that has submitted an inventory form under this section shall allow on-site inspection by the fire department having jurisdiction over the facility upon request of the department, mid shall provide to the department specific location information on hazardous chenricsds at the facility. |3m Mamma. (a)Auocflqmvtiag. The owner or operator ofa fariMy may meet fee reporttog raqtoramntoB of If 378.21 . (MSPS repertiagl --U 370.21 (toveatery formxapoftingJaiftitisSefe^art fora hazardous duntiuntthat Ae oMn f hazardousshmzicais by: U^fbovidiQgdm requiredinfunneten onsach-oorapaoantin the mis Has wheh Isaharaitionrhratiial.nr (2) Prowdlag ihe aequirod isfi on themixture iteelt m long as the reportkqWcaixtorra^afaciiityi f ~~~ `` ^------------ T1--------- T under 13T0 ?, where practicable. {UM chemkai.than tha of the quantity elrtiehaiarrtous nhaaiinal hr memixturaf _ (2) If the reporting is on the mixture itself, the total quantity of the mixture shall be reported. Subpart C--Public Access and Availability of Information f 37(130 ftequaata for information. (aj RequestjorMSDS information. (1) Any person may obtain an MSOS with respect to a specific facility by submitting a written request to the committee. (2) If the committee does not twee bt its possession the MSPS requested In paragraph (a)(1) of fids seedon. It ehafl reqaeet a aebutiaskm of the MSDS from the owner or operatorof fee fecSty that is ttw subject <rfthe request (b) RequestsJbr Tier IT wfonrmOun. (1) Any person may requestHer U information with respect to a specific facility by submitting a written request to the commission or committee in accortatce with the requirements of this section. pQV (he committee orcommission does not haveinits possession the Her n information requested in paragraph (b}(U of this section. It shall request e submission of tha Tier 11 loan from the owner or operator of the facility that-is the subject of the request provided that the request is from a State or local official acting in his or her official capacity or tha request is limited to hazardous stead at the facility in an amount in excess of 24LOOO pounds. (3) If the request under paragraph (b)(1) of this section does not meet the^A requirements of paragraph (b)(2) of thil^r section, the committee or commission may request submission of the Tier n form from the owner or operator of the facility that is the subject of the request if the request under paragraph (b)(1) of this section includes a general statement of need. I170J1 Provision ofhdocmaden. All iafoonotian obtoinod Iran an ownor or operator inresponse to a request under this eebpevt and any requested Her U former MSOS otherwise in possession of the commission or heewnitiM shall be mode neefloblo la -the poaan submitting ht JtrArr thti rrs-Hrii upon request of the owner or operator, the commission or comwittun shall - withhold fram diadeoura tha locationof any^mrifin dwhwl identifier! a the Tier Ohara, 8ubpnrtT) Inventory Forma f 37&40 Tier I emergency aodf--nsdoae (e) The fane eetout fa paragraph (b) of dda sootkm dnB he ouuqAaadwnd submitted as reqtead In I'Slfeafa); In lieu offee fawn tot out fa paragraph fb) of this section, the ibeflity owner or a operetomay rafaattaStateorleoal \ foan that cwttnlra idantieel oontunt (b) Tier I ffciragrary and Hezradona Chemical Insnmoiy Pawn. axme ooos mmni ABD00048321 Federal Register / Vol, 52, No. 199 / Thursday, October 15, 1937 / Rules and Regulations 38387 _T_ier O_ ne * ,EcMhEmRGcEaNlCiYnvAeNnDtHoArZyARDOUS Aggregate Information by Hazard Typo Important: Read instructions before completing form Facility Identification FOR OFuFsICeIAL ONLY (OateWeceiwd Name Street Addreea City --crcn Owner/Operator Norm Mail *wi Sun. no. ^jarn-rrn-rTT Page Of pag* Form Approved OMB No. 2050-0072 .... Hazard Typo Amount AmouXt* Fo m m Number On-size Central Location Cnaek t M plan la attuned SuddoofnP.RreQeNeouoreo m fTl f~TT ft-ctMty |~T1 n~l l~T ""oSW m [--ntCtrorac) r~n Cortifieatlon (Head and zign after completing all ttctionz) I certify under panalty el law that I haw pareenaMy aaammed and am familial with tna mfcrmaton aufcmittad in this and alf attached donenenta, and that bated an my inquiry Of thoee individual# raapenaibta tor odietntng the information. I eatime that the tuomiMed information true, aocurata and complete Name and official title of owner/operetor Off owner /operator'* authorised repreMntat've Signature Data tigneo * Reporting Rang* Rangea Valoo 00 01 02 03 04 OS oe 07 08 09 10 Weight Range In Pounde From... To... 0 100 1000 10.000 100.000 1.000.000 10.000.000 SO.000.000 100.000.000 S00.000.000 1 bJMon 99 999 9.999 99.999 999.999 9.999.999 49.999.999 99.999.999 499.999.999 999.999,999 higher than 1 MRon ABD00048322 S8S6S Federal Register / Vol. 52. No. 199 / Thorsday. October 15. 1987 / Rules and Regulations TIER ONE INSTRUCTIONS GENERAL INFORMATION Submission ol INIs form Is required by TMo HI of the Superfund Amendments end AeeuthorizatJon Act of 19BS, Section 312. Public Low 91-481. Th* purpose of this form Is to provide Stats and local officials and the pubUc with Information on tho gpoaral typos and locations of hazardous chemicals preeeet at your facbty during Tha past yaar. YOU MUST FROVTDE AU. INFORMATION REQUESTED ON THIS FORM. You' may substitute (ho Tlor Two form for this Tlar Ona fswn. (The Tlor Two form providoa detailed toformatlon and muat bo submitted*! rosoonso to a spedfle request from State or local official*. | WHO MUST SUBMIT THIS FORM Soctton 312 of This HI request that tha ownar or opera tor of a iacsHty submit thta form ft. undar roqiisUuns Srv plamontlno tha Occupational Safety ana Haalth Act of 1970. tha ownar or operator Is required to prepare or neve available Moforttf Safety Oats Vlasta fUSOS) lor hazardous ehamlcais present at the faculty. MSDS re* qufrements are specified m the Occupational Safety and Haalth Administration (OSHA) Hazard Cunsiusumui Standard, fwaid*i Title Hof She Coda-el Faderto Pegu katlona at 1910.1200. WHAT CHEMICALS ARE INCLUDED You must report the InformationsaQtXred on this form for every hazardoue chemical for which you are required to prepare or have available an MSOS under the Hazard Communication Standard. However, OSHA regulations end Title IN suampt seme ohsmiaals from reporting. Section TSTO.TTOOfbl of the OSHA leguftiotis cmremiy provides the leiewfng sasmptlees: TT) Anyhazardoua waste as oehterm latleffeiedby the BOM Waste Otspeetf Act. wa I'fidad U.S.C. 4BM wt eeq.f when btojemeo ragMstlnnaJssued under that Act; W Tebeoca or tabapoa praducta; TBT) WOod or wood products. (M `Articles*- defined under 1910.1200 (b) as a manufactured item; e Which la formed to a speeffle shape or design during manufacture; e Wrtch has end ose functfanls) dependent In wnaiewrinsert upon the ahapd or deign dtrttg end use; and e wneh does notvetaoee. or wthsmee eeeuit bi exposure to a hazardous ehemiea! under nor mal eondRtona of use. (v) Food, drugs, cosmetics or alcohoNc beverages In e rets* establishment which ere packaged for sale to connewere; (vt) Foods, drugs, or cosmetics intended for personel consumption by employees whil# In the warl^teoe; (vH) Any consumer product or hazardous substance, as those terms are defined In the Consumer Product Safety Act (15 U.S.C. 1251 er seq.) respectively, where the ernpluiiot can domonatreta It l used in the workplace m the asms manner as normal consumer use, and which use residta In a duration and fre quency of expoaire which la nos pester than expo sures experienced by consumers; and (vd) Any drug, as that term la defined in the Federl Food. Drug, and Cosmette Act (21 U.S.C. 301 at *eq.). when* te-H-seM. Use!Him far direct aamW atrAllen to the patient ILe.. tablets or pda). meddMsn, Seohen 31141 -of TWeW awoludaa the loins Ing substances; (l> Any food, food addtttve. color adtttfye, drug, or cosmetic regulated by the Feed and Drug Admini stration; (l) Any substance present as a eoM In any manu factured item to the extent expoaire to the sub stance does not eceor under iwrwial oendtians of use; Id) Any distance to tho extent K la used for per sonal. taco*, or household purposed, or la present in the same form and concentration as a product pack aged for distribution and use by the general pUrte; (Iv) Any substance to the extent It la used In a re search laboratory or a hospital or other medteal facttty under ths dirset supervision of a technicsty quai ded HdMrtuil; (v) Any aubstwwe to the extent 4He ueedbi routine agricultural epsrattona or la e JartBzar bold lor stfs by a retailor to the ultimate customer. Alee, minimum reporting thresholds have been eetab* shed under Title ill. Section 312. You need to report onfy those hazardoue chemleaie that were present at your faedty at any time during the piocomtq i.bandar ye*-at orders* The levels bated beteer e January to December 1967 Tor tint year of reporting) ...td.dOOtos. e January to December 1966 tor second year of reporting) ...10,000 tot. e January to December 1969 (or third year of reporting) .. zero tot. * ' ERA wd puMeh the final threshold, affective In the third year, after additional analysts. For eatremety hazardous substance*. . 500 toe. or the threshold planning quantity, whichever le lest, from the first year of reporting and there after. WHEN TO SUBMIT THIS FOAM Beginning March 1.1996. ewweraereperwtere must sub mit The Tier One form ter sosadw the Tlar Ten fasmf on or before March 1 of every year. I ABD00048323 R Federal Rggister / Vol. 52, No. 199 / Thursday, October 15,1987 ( Rules and Regulations 38369 INSTRUCTIONS Please read these instructions carefully. Print or type oil responses. WHERE TO SUBMIT THIS FORM Send on* completed Inventory form to each of the loitowtoQ organization*: 1. Your State emergency planning commisMon 2. Your local emergency planning commute* 3. The flro department with (utadfctlon over you* facety. PENALTIES Any owner or operator of a fCty who fal* to aubmlt or uoote* fala* Tier On* Information ahal b* labl* to the United State* for a cM penalty of ip to 325,000 for each such vtoiatlon. Each day a vtafadon continues ahal conttttute a separate violation. In addtoon, any efttten may commence a eMI action on N* or her own behalf againat any owner or operator who fan* to eUxnlt Tier One Infor mation. You may uce the Tier Two form as a'worksheet for - completing Tier Ono. FRng to the Tier two' * chombal frformattoo taction should help you.. assemble yeir THrOna response*. If your reaponaea require more than on* page. fS to the page number at tha top of the form. REPORTING PERIOD Enter the appropriate calendar year, beginning January 1 and endtog December 31. FACILITY IDENTIFICATION Enter the complete name of your feesty (and company identifier whoro appropriate). Enter the fu* street adMeas or atate road. If a street address la not evelabte. enter ether appropriate identifi ers that desorb* the physloai location of your facBty (e.g.. longitude and latitude), tootod* otty. state, end dp oode. Enter the primary Standard toduatrIM Claaalflciatton (SIC) code and the Oun A Bradstreat nunber for yotr facPty. The ftoaneial officer of your facPty should bo able to prorid* tho Oun A BradaTreat number. V yotr fbm does not have this information, contact the Mat* or retfonai otfloe of Dun S Bradatreet to obtain you* facBty number or have on* assigned. OWNER/OPERATOR Enter the owner's or operator** Ml name, mMtog ad dress, and phono numbar. EMERGENCY CONTACT Enter the name. Otte, and wort phone number of at least on* local person or offloa that can act aa a referral If emergency responders need assistance in respondtog to e chemical accident at the facBty Provide an emergency phono number where such emer gency Information wM bo avaMsBie 24 hour* a day. every day. PHYSICAL ANO HEALTH HAZAROS Descriptions, Amounts, and Locations TNs section requires aggregate ^formation w enemi es* by hazard categorise aa defined in 40 CFR 370 3. The two health hazard categories and three physical haz ard categories are a consoSdation of tha 23 hazwd cate gories defined hn tha OSHA Hazard Communication Stan dard, 29 CFR 1910.1200. For each hazard type, *wAeate the total amounts and general location* of el appSoabi* ohamicafe present at your facPty during tha past * What units should f use? Calculate Pi ameutte aa weight in pounds. To convert gaa or iquld velum* to weight Si pound*. mtMtoty by an appropriate density fac tor. * What about mixtures? if a chemical la part of a mtxtir*. you have fhe option of reporting either the weitf* of the w tir* mtattre or only the portion of the mfxfure that lea pertleuar hazardous ehemlcM (s.g.. if a hazardous solution weight 100 be. but Is composed of onfy 5% of a pardotiar hazardous chomicai. you can Meat* either 100 be. of the trbtture or 6 be. of the ohsnkcai). Select the option oonebtant eftft your Section til teponktg of the chemioai on the MS08 or 1st of MSOS chomicafe. * where do i court a chemioai that la a fbe reac tivity physical hazard and an Srvnedlate (acuta) health hazard? Add the chemicai'e weight to you- totaie for el (fro* hazard categorise and Include Ha loo*don to al three categortee. Many ahenteeie tal tote more than on* liuad category, wNoh rsstile to double-counttog. MAXIMUM AMOUNT The amounts of ohorrScai* you have on hand may vary throughout the year. The peek weights -- greatest stogie-day weights doing the year -- are added together to tNs cobmn to determine the maximum weight for each hazard type. Since the peeks Nr dlIterant cherrSeal* often occur on dtfferartt days, thla maidmun amotna wP earn artificially high To compieta tnte and the foSowtog section*. you may choose to uae the Tier Two form as a worksheet. To determine the Maximum Amouit: t. List al of your hazardous chemicals todMdueffy. 2. For each chemical... a. todfcate al physical and health hazards that the chemical presents. Include as chemicals. even If they ere present for only a short pe riod of time dutog the year. 2 ABD00048324 38370 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations b. Estimate the maximum weight in pounds that was peasant at your facility on arty singka day of tha reporting period. EXAMPLE: t*iMj] 9. For aach hazard typa -- beginning with Flra and re- You are using the Tier Two form, and have \A pasting for al phyaicai and hsalth hazard typaa... marked an X in the Immediate (scuts) hazard column for nicotine and phenol. Nicotine ia a. Add tha maximum weights of al ehamlcaia you indcatad aa tha particular hazard typa. b. Look at tha Reporting Range* at tha bottom present at your faculty 100 days during the year, and the sum of the daly weights is 100.000 be. By dividing 100.000 bs. by 100 days on-site, you calculate an Average Oaly Amount of of tha Tier One form. Find tha appropriate 1.000 bs. for nicotine. Phenol Is present at range value coda. your facBity 50 days during the year, and the c. Enter this range value aa tha Maximum Amount. sum of the daky weights Is 10.000 bs. By dividing 10.000 be. by 50 days on-sit*, you * calculate an Average Daly Amount of 200 bs. 4 for phenol. You then add the two average gVSBB-ie-a.r'l'Al.WWW. EXAMPLE: daly amounts together to reach a total of P 1.200 be. Then you look at the Reporting Rang* on your Tier On* form and find that the You are using the Her Two form aa a worksheet and have Isted raw weights In pounds for eaoh of your hazardous chemicals. You have marked an X ki the Immediate (acuta) hazard oofumn for phenol and sulfuric add. The maxkman amount raw waight you Bated were 10.000 be. end SO be. respectively. You value 02 corresponds to 1.200 bs. Enter 02 as 4 your Average Oaly Amount for immediate ; (acute) Hazard. 's- You also marked an X In the Fire hazard column for phenol. When you caicUate your Average Oaly Amount for fir# hazards, use the 200 b. * weight again. add these together to reach e total of 10.050 bo. Then you look at the Reporting Range at the ; .-.i ^ fcw * 3 bottom of your Tier One form and M that the vafcje of 03 corresponds to 10.060 bs. Enter NUMBER OP DAYS ON-SITE 03 ae yotr Maxknum Amount for Immedtata (acuta) hazards materials. You aleo marked an X In the Fire hazard box for phenol. Vhan you calculate your Enter the greatest number of days that a single chomieai *I Ithin that hazard category wee present on-sit*. . gj Maximum Amount totals for fire hazards, add the 10.000 b. weight again. 44 EXAMPLE: ......... \ At your facSty, nicotine la present tar 100 day* a- & and phosoena Is presant for 150 days. Entar 3 * 150 In the space provided. / AVERAGE DAILY AMOUNT This ookam should represent the average daly amount of chemicals of each hazard rype that wars present at your faedty at any point during the year. To deism** this amount: 1. List al of your hazardous chemicals Mvfcfcutay (same as for Maximum Amount). 2. For each chendoai... a. Meats al physical and health hazards that the ohemleal presents (same as for Maxi* mum Amount). b. Estimate the average weight b poind* that wee present at yotr faedty throughout the year. To do this, total al daly weighs and dMde by the number of day* the chenttoal was present on the its. 3. For each hazard type -- beginning with Fire and repeating for al physical and health hazards... a. Add the average weights of al ohomfeato you Moated for the particular hazard type. b. Look at the Reporting Ranges at the bottom of the Tier One form. Find the appropriate range value oode. c. Enter this range value as the Average Daly Amove. GENERAL LOCATION Enter the general location within your facSty whore aach hazard may bo found. General locations shotid include the names or Identifications of buKdnge. tar* fields, lots, sheds, or other such areas. For aach hazard typo. 1st the locations of al appleable chemical*. As an alternative you may also attaeh a site plan and 1st the alt* eoordktatee rotated to the appropri ate locations, if you do so. check the Site Plan box. EXAMPLE: ;* On your worksheet you have marked an X In. | the Flra hazard column tor acetone and 4 * butane. You noted that these are kept In stool 4 drums in Room C of the Main BuNdtog. and In $ & pressurized cylndera In Storage Shod 13. respectively. You could enter Main Building and Storage Shed 13 as the General 4 Locations of your fire hazards. However, you choose to attach a site plan and 1st i coordinates. Cheek the Site Plan box at > the top of the column and enter site eoor- dktates for the Main BuMdtng and Storage Shed : <* 13 under General Locations. If you need more space to Ht locations, attach an addi tional Tier One form and continue your Hat on the proper Hne. Number al pages. CERTIFICATION This must be completed by the owner or operator or the officially designated representative of the owner or op erator. Enter your fufl name and official title. Sign your name and enter the current date. 7 ABD00048325 R Federal Register / Vol. 52. No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38371 $370.41 Tier il emergency and hazardous chemical Inventory form. (a) The form set out in paragraph (b) of this Section must be completed and submitted as required in $ 370.25(c). In lieu of the form set out in paragraph (b) of this section, the facility owner or operator may submit a State or local form that contains identical content. (b) Tier U Emergency and Hazardous Chemical Inventory Form. HUMS coot IM0-6SM ABD00048326 38372 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1967 / Rules and Regulations Fwr^ggrova^M^No ABD00048327 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 19H7 / Rules and Regulations 38373 ABD00048328 98374 Federal Register / VoL 52, No. 199 / Thursday, October 15, 1967 / Rules and Regulations TIER TWO INSTRUCTIONS ^^ .. GENERAL INFORMATION Submission of this Tlor Two form (whon requested) Is required by Title III of the Superfund Amendments end fteauthorbatlon Aot of Hit, Section 912. Public Lew 19-490. The purpose of this Tlor Two form Is to provide State and local officials and the publle with specific Information on hazardous chemicals present at yew taciUty during the past year. YOU MUST PROVIDE ALL INFORMATION REQUESTED ON THIS FORM TO FULFILL TIER TWO REPORTING REQUIREMENTS. ' *.. * S * Thb form may boo be used as a worksheet for ` omplettog the Tier One form or msy be sidMrttted la place or die Tier One form. WHO MUST SUBMIT THIS FORM Section #12 el Titto II reqUree that Em owner or opera tor of a taoRy submft thb Tier Two form f so requested by a State emergency ptamtog eqnvrtoafen. a local emergency panning committee. or a Ore department wbh patoGetten-ever the faedty. TMa rspusat may apply to the earner or operator of any facSty that le reqtored. unOsr regUafene bnpbmanttog the OoBtsistlfl Safety and HuWi Act of 1170. ta pre pare or have avaiatoto a Matertof Safety Data Shaet (MSOS) Aar a hazardous ehemlcel present at tho faedty. MSDS reqtoremonts we specified to the Occupational Safety Mid Health Admirtstratien (OSHA) HazMd CommtaaoaUcns Standard, found to Title 2# of the Coda of Federal ftegubtferw at $1910.1200. WHAT CHEMICALS ARE INCLUOED You must report the Information requbed on this form for each hazardous chemical for which Tier Two information la requested. However. OSHA regUatlena and Title III exempt some chemicals from reporttog. Sacdoa 1910.1200(b) of the OSHA regulations cwrentfy provides the fesowtog exsmptJone: (I) Ary hazardous wests as such tarm is defined by toe Sold Wests Disposal Act as amended (42 U.S.C. MOI at sag.) whan subject torogulartona Isauad latdsr that Act: (I) Tobacco or tobacco products; (l) Wood or wood products; (fv)*4rtlelaa*- defined undsr $1919.1200(b) aa a marafactwed item: a ypSeh ts formed to a specific shape or design Qatog manufachae: e VSdeh has and use funedan(s) dependant to whola ar to part upon the shspeor design tkrtogendeoe: and a Which dees not release, or otherwise result In exposure to a hazardous chemical under ncrraat oandhions of use. (v) Feed, drugs, cosmetics or aieehoie beveragee to a ratal oatabHshment which are packaged for sale to cenbsnars; (vt) Facto. drugs, or cosmetics Intended for per sonal consumption by employees wNb in the workplace. |vK) Any ooneumer product or hazardous substance, ee tboee terms ere aeltod Si the Consumer Product Safety Act (IS U.S.C. 1291 at tag.) respective*, where the employer ean demaneirate q Is used In the worlMleee In the same warmer as nomal oonstaner use. Mid which uaa lewdts to a duration and froGJeney of exposure which Jo net greater than exposurao sxpertencsd by oonetaners 1*11) Any toup, aa that term la dsdnad in the Fedaref Food. Drug, and Ctiamade Act (21 U.S.C. 301 at tag.), whan It Is In soM. (tail farm for dbeet store stratioa to the patient fl.e.. tablets or pds). to adtofen. Section 31i(ef e< Tfefe W axetudes the fodowfeig aitoatancaa; . (Q Any feed, feed addMre. eelor eddhlve. drug. or cosmodc regulated by toe Feed and Drug Admini stration: (I) Any substance present aa a said In any menufacnaod ttom to toe extern eupoeuro to the stostance does net oeoi# under normal oMkOUans of use: () Any subttanee to the aidant It la ueed for per sonal. fare*. or housaheld pwpeaea. r la present to the same form and concentration as a product pack aged for dlstncutlon and uaa by the general public: (Iv) Any substancs to toe anient It la ueed to a re search laboratory or a heapKaf or otosr medical facu lty under the direct sqMnHaion of a tschnieaiy gusto fled individual: (v) Any substance to toe extent b is ueed to routine aoiculturaJ operatiana or is a Nrttoer held for aaia by a retaSar to the ultimata customer. Abe. mtokman repotting Chrstooito here been estatoished for Tier One under TMa N. Section Jt2. You need to repen only those tozartoue ehendoab that ware pre sent at your faedty at any tone befog the preceding cal endar year at or above the levels Mad below: e January to December 1987 (or first year of reporttog) ...10.000 toe. e January to Oecambar 1908 (or second year of reporttog) ...10.000 toe. e January to Oecerrtoer 1980 (or third year of reporting) ...zero toe.* * EPA wd pubtsh the (Inal threshold, elfoctoo to the tolrd year, ahar addHIanai anafyob. a For extreme* haardoua eubstances.-.300 tos. or the threshold piamtog quditoy. whbh* ever b baa. from toe flret year of rapentoo and thereafter. A requesting official may baft the raopenaoe robbed un der Tier Two by ipsototog panfeUar chanUeab or groups of chemleab. Such rebjeete apply to hazardous cnemicab ragardtoss of established threshdds. 1 ABD00048329 4R Federal Register / Veil. 52. No. 109 / Thursday. October 15, 1967 / Rules and Regulations 38373 INSTRUCTIONS Pitast rtad thtst inunctions cartfully. print or typt all responses. WHEN TO SUBMfT THIS FORM Owners or operators most submit the Tier Two form to the requesting agency within 30 days of receipt of a writ* ten request from an authorized official. WHERE TO SUBMIT THIS FORM Send the completed Tier Two form to the requesting agency. PENALTIES Any owner or operator who violate* any Tier Two report ing requirements trial be table to the United States for a dvf penalty of up to <25.000 for each such violation. Each day a violation continue* trial constitute a separata violation. You may use the Tier Two form as a wortsheet for completing the Tier One form. Fttng In the Tier Two Chemieai Information section snotid help you ' assemble yotr Tier One response*. If yotr responess require more than on* page. fS St the page number at the top of the form. REPORTING PERIOD Enter the appropriate calender year, beginning January t and andlng Decamber 31. FACILITY IDENTIFICATION Enter the fiJ name of your facllty (and company identL her wttara appropriate!. Enter the fuf street address or state road. If a street address la not available, enter other appropriate identifi ers that describe the physical location of your facility (a.g.. longitude and latitude) Include city, state, and zip coda. Enter the primary Standard Industrial Classification (SIC) coda and the Dun A Bradstrset number for you* facllty. The financial officer of your faebty ehoUd be able to pro vide the Dun A Bradstrset number. If your firm does not have this ^formation, contact the state or regional office of Dun A Bradetreet to obtain yoir facBty number or have on* assigned. OWNER/OPERATOR Enter the owner's or operator's ful name, mating ad dress. and phone number. EMERGENCY CONTACT Enter tne name, title, and worir phene number of at least ona local person or office who can act as a referral if emergeney responders nsed assistance In respondbig to a chemical accident at the faestty. Provide an emergency pnon* number where such emer gency chemical Information w bo avalabi* 24 hour* a day. every day. CHEMICAL INFORMATION: Description. Hazards. Amounts, and Locations The rruun section of the Tier Two form requires specific Information on amount* and locations of hazardous chemical*, as defined In the OSHA Hazard Communica tion Standard. e What units should I use? Calculate el amounts a* weight in pounds. To convert gae or Squid velum* to weight in pounds, multiply by an appropriate density feetor. * What about mtatiree? If a chemical is part of a mixture, you have rhe option of reporting either the weight of the en tire mixture or only the portion of the mixture that 1* a particular hazardous chemical (e.g.. If e hazardous solution weighs 100 be. but 1* composed of only 4% of a particular hazardous chemical, you can Meat# either 100 be. of the mixtire or 4 be. of the chemical. Select the option consistent with yoir Section 311 reporting of the chemieai on the MSOS or 1st of MSOS chemieai*. CHEMICAL DESCRIPTION 1. Enter the Chemical Abstract Service number (CAS#). For mixtures, snttr the CAS menber of the mix ture as a whole If R ha* been assigned a number dbtlnct from It* component*. For e mixture that hat no CAS number, leave this Ktm blank or report the CAS menbers of as many constituent chemicals as possible. If you are withhoidbg the name of a chemical In ac cordance with eritaria speoMed b TM* B. Section 322. enter the generic chsmloal otaes (a.g. .1st toluene deoeynat* as organic boeynste) and ehsek tha box marked Trade Secret. Trade secret information should be submitted to EPA and mutt Include a substantiation. Please refer to Section 322 of Title ill for dotaled ^formation on how to comply with trade secret requests. 2. Enter the chemical name or common name of eaeh hazardous chemical. 3. Clrei* ALL applicable descriptors: pure or mixture. and solid, liquid, or gas. EXAMPLE: You havs purs chlorine gas on hand, a* wel as two mixtures that contain liquid cNorino. You writs 'chlorine* and enter the CAS#. Then you circle *pure* and *mix* -- aa we* as `Hq*and *gas*. 2 ABD00048330 38378 Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations PHYSICAL AND HEALTH HAZARDS For each chemical you have listed. chock afl tha physical and haalth hazard boxaa that apply. Thaaa hazard cat*gorles ara defined In 40 CFR 370 3, Tha two haalth haz ard categories and thraa physical hazard categories ara a consolidation of tha 23 hazard catagorias defined In tha OSHA Hazard Communication Standard. 29 CFR 1910.1200. MAXIMUM AMOUNT 1. For aach hazardous chemical, estimate tha greatest amount present at your faculty on any single day dur ing the reporting period. 2. Find the appropriate range value cede m Table 1. 3. Enter this range value as the Maxlman Amount. Table I REPORTING RANGES Range Weight Range In Pounds Value From... To... 00 0 99 01 100 999 02 1.000 9.999 03 10.000 99.999 04 100.000 999.999 OS 1.000.000 9.999.999 06 10.000.000 . 40.999.999 07 $0,000,000 99.999.999 09 100.000.000 499.999.999 09 $00,000,000 999.999.999 10 t button higher than 1 If you are using this form as a worksheet for oom- Eletmg Tier One. enter the actual weight m pounds i the shaded space below the response bleeke. Do true for both Maximum Amouit and Avarage Daily Amotett. EXAMPLE: * You received one large shipment of e solvent i mixture Mot year. The shipment fSed your $.000- 2 gatton storage tank. You knew that the solvent " contains 10% benzene, which M a hazardous *$ chemical. at You figure that 10% of $.000 galone to 500 gallons. You also Mtew that the denaNy of * benzene is 7.29_peund per galon. to you multiply 500 by 7.29 to get a weight of 3.S4S pounds. Then you look at Table I and find that the i r>. * range value 02 corresponds to 3.645. You enter 02 as the Maxsnum Amount. n (If you are using the form ee a worksheet for completing a Tier One form, you should write a 3.$45 M the shaded area.) AVERAGE DAILY AMOUNT 1. For each hazardous chemical, estimate the average weight m pounds that was present at your facility dur ing tha year. To do this, total al dally weights and divide by the number of days the chemical was present on the site. 2. Find the appropriate range value In Table I. 3. Enter true range value ae the Average Daly Amount. EXAMPLE: The S.OOO-gaflon shipment of solvent you re ceived last year was graduaty used up and n completely gone In 3IS days. The sum of the daily volume levels in the tank is 929.250 gallons. By dividing 929.250 galone by 31$ days an-site, you calculate an average dally amount of 2.9SO # '! gallons. You already knew that the setrent oontakie 10% '' benzene, wnich is a hazardous chemical. Since * 10% of 2.950 is 295. you figure that you had an average of 29$ gaBene of benzene. You else a know that the density of benzene is 7.29 pounds j per gallon, so you muttfeSy 29$ by 7.29 to get a weight of 2,150 pounds. * Then you look at Table I and find that the range value 02 correpends to 2.150. You * enter 02 aa the Average Oaky Amount. ^ ^ ^ Ilf you are using the form as a workelwet for r completing a Tier One form, you should write | 2.150 m the shaded area.) j. ^ . . - ....... ... ...... .... > NUMBER OP DAYS ON-SITE Enter the number of daya that the hazardous chemical was found on-site. ? EXAMPLE: v. The solvent composed of 10% benzene was w present for 315 days at your facRty. Enter 31$ n the space provided. * awe ee^wee* gie>iMa.^ STORAGE COOES ANO STORAGE LOCATIONS list el non-confidential chemical iocationa In this column, along wtth storage typee/condhlona associated with each wuioun, Sierege Cedes: indicate the types and conditions of storage present. a. Look at Table //. For each location, find the appropriate storage typelsl. Enter the cor responding code(e) in front of the parenthe ses. b. Look or Table til. For each eta-age type, find the temperature and pressure condi tions. Enter the apploeMa pressure code in the first epees within the parentheses. Enter the appScabie temperature cede in the Met epece within the parentheses. 3 ABD00048331 Federal Register / Vol. 52. No. 199 / Thursday, October 15,1987 / Rates and Regulations Table II - STORAGE TYPES Types of Storage A Above ground tank B Below ground tank C Tank inside building O Stoat drum E Plastic or non-metaJDc drum P Can Q Carboy H SOo t Fiber drum J Bag K Box L Cylnder M Glaee bottle** or Jugs N Ptaatio bottle* or juge O Tote bln P Tank wagon Q Ral car R Other l. If you choose to attach one of the following, cheek the appropriate Attachments box at the bottom of the Tier Two form. a. A site plan with oft* coordinates Indicated for buildings, lots, arsas, stc. throughout your facility. b. A list of sita coordtnata abbraviatlons that correspond to buildings, lots, arsas. stc. throughout your faculty. EXAMPLE; You have benzsns m the main room of the main budding, and in tank 2 In tank field 10. You attach a site plan with coordinate# as fodows: main budding G-2. tank field 10 B-6. Fil In the Storage Location a* follow#: -- B-6 ( Tank 2 ) G-2 (Mam Room] J s | 1 Table III - TEMPERATURE AND PRESSURE CONDITIONS CODES Storaoo Condftlone (PRESSURE) 1 Ambient pressure 2 Greater than ambient prttan 3 Lee* than ambient preteuro (TEMPERATURE) 4 Ambient temperature Greater than ambient temperature 5 Less than ambient temperature but not cryogerSe 7 Cryogenic conditions EXAMPLE: :| The benzene In the main butang la kept m a $ tank kiside the building, at ambient pressure | and lea* than ambient temperature. '4 Table II shows you that the cod* for a tank inside a buMng Is C. Table III shews you that % cede for ambient pressure is 1. and the cede 3 for lees than emblem temperature is S. % You enter: C(t.6) Storage Locations: Provide a brief description of the precise location of the eherrtcai. so that emergency responders can locate the are* easNy. You may find it advantageous to provide the optional site plan or ah* eoordnates as explained below. For oach chemical. Meat* at a minimum the buMng or lot. Addhionaty. where practical, the room or area may be Moated. You may respond In narrative form with appropriate site coordinate* or abbreviations. If the chemical is presant in more than on* btMng. lot. or area location, continue your responses down the page at needed, if the chemical exists sverywhsr* at the plant sits sknuftaneousiy. you may report that the chemi cal It ubiquitous at the site. Under TWe ID. Section 324. you may elect to withhold location information on a specific chemlcaf from dtacioeure to the pubde. If you ohcoee to do so: * Enter the word *confidential* In the Norv-Confldential Location section of the Tier Two form. e On a separate Tier Two Confidential Location Information Sheet, enter the name and CAS# of each chemical for which you ere keeping the location confidential. * Enter the appropriate location end storage In formation. aa descried above for non-confldentia) location*. * Attach the Tier Two Confidential Location In formation Sheet to the Tier Two form. This separatee confidential location# from other In formation that wM be dtodosed to the pubic. *< <"-x- ,-x-*<x*wwyxw-'/:ewess; <^ee->xe^xofr CERTIFICATION. This must be completed by the owner or operator or the offtoiady designated representative of the owner or op erator. Enter your fud name and official title. Sign your name and anter the current date. 38377 [FR Doc 87-23642 Filed 10-13-87; 10:48 ami eauwacootsseoso-c 4