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Thursday June 4, 1987 PLAINTIFF'S EXHIBIT CEL-1 lO Part II Environmental Protection Agency 40 CFR Part 372 Toxic Chemical Release Reporting; Community Right-To-Know; Proposed Rule HCC 69A 92090 21152 Federal Register / Vol 52. No. 107 / Thursday, June 4. 1967 / Proposed Rules ENVIRONMENTALPROTECTION AGENCY 40CFR Part J72 IOPTS-WOOQ2, FRL-31*J-4] Toxic Chemical Release Reporting; Community Rlght-To-Know agency; Environmental Protection Agency (EPA). action: Proposed rule. tuMKAfnr This proposed rule publishes the uniform toxic chemical release reporting form as required by section 313 of Title III of the Superfund Amendments and Reaulhorization Act of 1986. Section 313 requires tbal owners end operators of certain facilities that manufacture, import process, or otherwise use certain toxic chemicals report annually their releases of those chemicals to any environmental media. DATE Written comments on this proposed rule should be submitted by August 3.1987. Aoowess: Comments should bear the docket control number OPTS-400002 and should be submitted ten TSCA Public Information Office (TS-793). Office ofToxic Subtleness. Environmental Protection Agency. Rm. NE-G004. 401 M SL SW,, Washington. DC 20480. pon furtmsh arrowhanow contact: Edward A. Klein. Director. TSCA Assistance Office (TS-799). Office of Toxic Substances. Environmental Protection Agency. Rm. E-543.401M St_ SW, Washington. DC 20460. (202-8541411). 8UPPLEMCNTAJIY INFOTUiATlOK: L Authority The Agency is proposing this nde pursuant to sections 313 and 328 of Title ID of the Superfond Amendments and Reauthorization Act of 1986. Pub. L 99499. Title ID is also died as The Emergency Planning and Community Right-To-Know Ad of 1986.* Section 313 of Title Di requires owners and operators of covered facilities to report annually their releases of listed toxic chemical substances. Section 313 also specifies that EPA must publish a uniform toxic chemical release fotm by June 1.1987. Section 328 provides EPA with the authority necessary to promulgate such regulations as may be necessary to carry out the purposes of Title DL . Background A. Overview ofSection 313 On October 17.1986. the President signed into law the Superfund Amendments endReauthorizeHoc Ad . to the State. Some States may choose to of 1968(SARAlPclxLP9 tM.Beb^ have their State Emergency Response ? major function of thi* legislation!* to-T Commission ( eatsWished under amend and reauthorize proridOBvefth* section 901 ofTUie HI] be the focal point ComprebeneiT* Environmental*? forreceipt and management of these Response. Compensation,' endHaWHtyr-. reports. Under Title Ul these Act of laao (CERCLA). HowevetTUla. Gommisaion* are designated as IQ of SARA is a free-standingatatate recipients of reports and notifications fnol part of CERCLA) that la itaeK Med. required by sections 302.304.311 and 312. However, section 313 does not Community Right-To-Know Act ofJSBL* designate any specific agency as the In general Title DI contains suthartties recipient of the reports submitted to the relating to emergency planning: . States. Therefore, some States may emergency notification, community rigbt-to-know on chemicals, and a toxic chemical release inventory. The focus of this proposed ruleis (be choose to direct such reporting to their environmental or public health departments. Whatever the decision. States also have a responsibility under toxic chemical release inventory provision contained in section 313 of Title DL Section 313 requires owners and operators of certain fadlitiee that manufacture, process, or otherwise use a listed chemical to report annually their releases of such chemicals to the environment The reports ere to be sent to both EPA and the State in which the facility is located. The basic purpose of this provision is to make available to the public information about total annuel releases of toxic chemicalsfront manufacturing facilities fas their comxmity. For rmisefama reporting purposes. section 313(c) mandates am Initial list of Toxic Chemicals Covered* that is composed of 329 entries, including 20 categories of chemicals. This list is a rrmtKipmtyw q lirti q{ chSXDiCftii-tlttd by the States ofMaryland end New. . Title DI lo make this information available lo the public. Section 313(h) states that the toxic chemical release information reported to EPA end the States is intended to provide information to Federal Slate, and local governments and the public, including citizens of communities surrounding covered facilities. To the extent consistent with trade secret considerations in section 322. the information reported is Intended to persona about releases of toxic to the environment. The information 1* also intended to assist government agendas, researchers, and other persons in the conduct of research and data gathering to aid fat the development of regulations, guidelines, and standards: and for other similar purposes. Jersey for emissions reporttngundar B. Summary ofPublic Participation their individual right-to-kaow lean. Section 313 (d) and (e) authorize the Administrator to modify by rulemaking the list of "toxic chemicals covered* either as a result of EPA's self-initiated review or in response to petitions. For more information on EPA's policy and guidance with respect to such petitions see the notice published far the Fadenl Register of February 4.1967 (S2FK 3479). Section 313(g) specifically requires EPA to publish a uniform toxic chemical release reporting form by June 1.1987. If such a form is not published, their owners and operators must report by letter and include the specific -."- . information identified in section 313(g). As part of the community righl-to--pt..i of Title TTt aerliim 313 requires EPA to make the amisstone- related Information available tothe-, public. In particular, section313(1] requires EPA to develop eseaqsfar:. date bur --wi*eiwg this tmdc dralcd release information and to make II accessible by telecommunications gear cost reimbursable basis. Covered facilities are also reqailed to submit a copy of the Section 313 report EPA held pre-proposal public meetings on January 8 and 9.1987 to discuss the section 313 reporting form and related reporting requirements. Prior to these meetings. EPA made materials available to the public which included a draft form with instructions, a draft paper that ditrusted form-related issues, a paper describing an exercise conducted by EPA staff to test various potential versions of a reporting form. tmi a copy of section 313. More then 100 persona, representing a wide tenge of interests, attended the 2 days of public meetings. The discussion at the meetings focused on the potential reporting elements that the form could contain and the associated reporting issues. Comments received during these meetings proved valuable in ahaping the proposed requirements depicted in this proposed rale. The docket for this rulemaking contains comments received at these startings as wall as written --"--"W received at and subsequent to. the public meetings. in addition to the public meetings described above. EPA staff have met <v J. I1 <' HCC 69A 92091 Federal Register / Vol 52. No. JOT / Thursday. June , 1887 / Proposed Role* . 21153 upon request with representatives of companies and trade associations Kkely to be affected by the rale, with representative* of public interest groups, and with State government representatives. Summaries of each meetings are also available for review tn the public docket UL chemicals Covered by tbs Proposed Rule A. The Mandated List of Chemicals Section 313(c) of Title Ql stales that the toxic chemical* subiect to the requirements of the section are those chemicals on the list in Senate Environment and Public Works Committee Print No. 99-188. including any revisions to this list made by EPA The list in the above-referenced Committee Print contains 309 entries, with associated Chemical Abstracts Service (CAS) registry numbers, plus 20 additional category entries (without specific CAS numbers). Subpart C of this proposed rule contains those chemicals and categories. Specifically. I 372.45 of Subpart C' contains the chemicals and categories organized in several different ways. The entries that have CAS numbers ere listed twice. One list is in alphabetical order and the second fiat it in CAS number order. These chemical entries are presented in this manner ao that persons who must refer to the list may more easily locate a rhamw-al they manufacture, process or otherwise use. A third list contains the chemical categories, which are arrengad in alphabetical order. The effective date column in the listings refers to the beginning calendar year for which release data ere to be reported. This proposed rule contains the initial listing of the chemicals. Therefore, all chemicals have an effective date of January 1.1987. If EPA adds a chemical to the list the effective date column will contain a date corresponding to the first calendar year for which release data ere to be reported, in accordance with section 313(d)(4) of Title BL B. Proposed TechnicalModifications to the List EPA is proposing to Incorporate certain technical modifications and clarifications to the list of chemicals end chemical categories. 1. Duplicative Listings Relating to Compounds. Upon reviewing the Committee Print EPA noted that certain of the listed chemical categories appear to be duplicated in the CAS number specific list. For example. "Copper and compounds' appear* with the CAS number 7440-30-8 and "Copper compounds" also appears as a chemical category Hating. The reason for the apparent duplication is that he Committee Print listed the parent metaL copper, with Its attendant CAS number. Tbit tame pattern bold* true for the other metal end metal compound listings. Therefore. EPA is proposing a technical modification to that part of the chemical listing containing CAS numbers. Ibis change remove* the 'and compounds" phrase designations where the CAS number actually refers to a specific parent metal or other specific category membm. 2. Basic definitions for the listed chemical categories. The 20 chemical categories mandated for inclusion by the Committee Print cover a wide range of metal-containing compound* as well as certain organic compounds. EPA ha* developed brief. proposed definitions for each category. These definitions appear after the listed category name in proposed 1372.45(c). TTiey are included in the regulation to help clarify the basic scope of each category for reporting purposes. 3. Reporting listed trade name chemicals. Certain of tha entries on the Committee Print ere product trade names, not chemical names. For example, the entry Perathion is e trade name. The chemical name with the corresponding CAS registry number is Phospborothioic add. 00-diethyl-e-{4- nitropbenyl) **tar. ETA has received comment stating that a company that make* a section 313 rhemlcal, but sells It under a different trade name, ahotiid not be required to report the chemical using its competitor's trade name. The commenter stated that there may even be legal constraints to such reporting. EPA agrees with this comment. A* a result EPA Is proposing to replace trade name entries with the CAS prefered chemical name. The proposed list in i 37Z4S contains th* trade name as present in the Committee Prim followed in solid brackets by the CAS prefered chemical name. ETA proposes that this CAS prefered chemical name be reported rather than the trade name. 4. Clarification of certain qualifiers that appear next to chemical names. Certain of the chemicals listed in the Committee Mat have parenthetic qualifiers listed next to them. Commenter* requested that EPA provide some clarification or interpretation of theta qualifiers. Three of the metals on the list (alnminum. vanadium, and zinc) contain the qualifier 'fume or dust*. EPA interprets this qualifier to mean that a facility is manufacturing, processing, or using the metal in the physical form of fume or duaL As explained In Unit JV.C. the proposed definition of the term manufacture includes the generation of a chemical at a byproduct or Impurity. In such cates, a facility should determine it for example, it generated more than dm 1987 threshold of 7U00 pounds per year of slnmmmn fame or dust as a byproduct of Its activities. If so then the facility must report. Similarly there may be technologies In which one of these metals are processed In theTons of a fume or dust in order to make other chemicals or other products for distribution in commerce. Again, if more than the applicable threshold quantity is processed in a year. Ibis triggers reporting. Two of th* chemical* entries contain a qualifier relating to manufacture. For isopropyl alcohol the qualifier reeds "tnfg. -- strong acid process.' For saccharin tha qualifier simply reads "manufacturing.' In the care of isopropyl alcohol. EPA proposes to Interpret th* qualifier to mean that only person* who manufacturer isopropyl alcohol by the strong add process would be required to report. In the case of saccharin, only manufacture* of saccharin would be required to report. A facility that processes or otherwise uses either ehamieel would not be required to report for those chemical*. Four substance* an the list are qualified by the term "solution." These substances are ammonium nitrate, ammonium sulfate, sodium hydroxide, and sodium taffeta. EPA interprets the term 'solution' In refer to the physical state of these chemicals Only facilities that manufacture, process or us* these chemicals la th* form of a solution would be required to report these chemicals The listing for phosphorus is qualified by the term "yellow or while.' This refers to e chemical state of phosphorus meaning that only manufacturing, processing, or use of phosphorus in the yellow or white state* would trigger reporting. Conversely, manufacturing, processing, or use or 'black' or "red" phosphorus would not trigger reporting. The listing for asbestos is qualified by the term "fnabls" This term refers to a physical characteristic of asbestos. The EPA interprets "friable' as being crumbled, pulverized, or reducable to j powder with band pressure. Again, only manufacturing, processing, or ase of asbestos in the friable form would trigger reporting. C Authority and Mechanisms for Changing the List Section 313(d) provides ETA the authority to revue the list of chemicals. HCC 69A 92092 ... 21154 Federal Register / Vol 52. No. 107 / Thursday, June 4, M87 I Proposed Rulei Such revision* must-be mede.througk - threshold far reporting thetchemtcel : -Interpret! the.parenthetical reference in Uodarthe eggrcget* facility approach, . - tfaeitatsU toJuly.1. 19SS to mean the proctduras-Acbemical may be added . the total amountprocessed by all-each. moat recentupdate of th* SIC code . to die Ut If-gAdeteralne* that thereto attea might exceed the threshold. thus system:IPA does not believrthat eufTld*nt\Bridri*.*lthiU tha:chendctl triggeringsreport-Tbereis alsoIhe - Pnty-- SIC meet* anyusiirof.aererel haman health . baatcdlffieohy of oooaUtandydefining- deetgnatiaattaba'froEenin dina.The th* subunitx forreporting.EPAis outlined b>section 313(d)(Z).' A chemical requesting rommant on how common OfBoe ofManagement and Bodget -- (OMB) has updated th* SlCcoda system mey be deleted from die lUt If EPA - such multiple plant site situations are - - effective January 1. MSTTherefore. EPA determine* that then U not sufficient . .within themanufacturing industry and propoaesto use this most current update evidenee to aetabliahlhat the chemical - bow EPA-may moat reasonably deal meet! any of the criteria. . with this plant site versus facility of th* SIC cod* system and any subsequent revisions as th* basis for Proposals to add er deteta chemicals can ariee fronttwo baaic acthrities: either by EPA'e owe review.of chemicals, or tfaroqgh cenfideraUon of public petition! authorized under section 313(e). For a detailed diacuaiion of the petitions proceei and the criteria mentioned above, refer to B*A's section 313 petition* policy notioe published in the Federal Register of February!. 1967 (52 FR 3479). IV. Who Most Report Section 313(b) provides that owners end operators ofcovered facilities ere subject to the reporting requirements contained la secttoo 313(a). If a facility is owned by one parson bet operated by another thou either person may report. However.1 If a report U not submitted for t covered facility. EPA would bold both persons liable far any applicable penalties under sectiaa 325 ofTitle DL Section 329(4) of TitU HI defines the term "fedlity' as all building!, equipment, itrudarua. endztther stationary items which are located on a single site or on contiguous or adjacent reporting Issue- A.Covered Facilities' Section 313(b) further specifies that a facility is covered for purposes of reporting if it meets all of the following criteria: The facility hat 10 or more full-time employees. The fadJily is In Standard Industrial Classification (SIC) codes 20 through 30 (as is efTsct on July 1.1965). The facility manufactured (including quantities Imported), processed, or otherwise used e listed ebemieal In amounts that exceed certain threshold quantities (see Unit VA. below) during tbc calender year for whisfa reporting is -required. The statute targets facillties fat tbs manufacturing sector of the economy by designating SIC code* 20 through 39. In brief a bdlity is considered to be covered under the SIC code criteria If It* primary SIC cods Is within the 20 . through 39designations. A primary SIC code is generally considered to be the code related to the type* of products facilities to determine whether they may be subject to reporting.-EPA expects that these basic manufacturing designations will remain relatively stable over time. For example. In the 1967 revision there are no basic additions, deletions, or movements of facility type* in the 20 through 39 cods pari (Pari D-- Manufacturing) as compared with the proceeding edition of die SIC Code Manual. OMB published its final notice of decisions regarding the SIC code manual update in the Federal Ragisiar of October 1.1SSS (51 FR 35170). Refer to. that notice for relevant modifications in SIC codas 20 through 39. Also see tbs ]astiuctionr4ar2PA FormRfar infbaittoa on-bow toobtain a copy.of tbespdatad SIC code manual, or check with a local library. If a person engaged in manufacturing activities is not' already feaiilisr with the facility's primary SIC coda then he can contact his trade association, legal counsel, or the Chamber of Commerce for assistance. sites and which are owned er operated by the sama person (orby any person who controls. U controlled by. or under common control with, such person). Therefor*, a facility U a broad concept and mey include lb* activities of more than one manufacturing plant site. One eommenter stated that the physical boundaries of their facility would encompaee five plant sites. These sites are. for all practical purposes, separate business unite that may or may not make, process, cruse the same chemicals. The eommenter explained that it would be difficult to develop a single "facility' report [or the purposes of this proposed rule. One option EPA ie distributed bom that fsdlity that have the highest dollar value added. In addition,facility that may not consider Its primary SIC cods to be in the 20through 39 range. It may, however, engage in l or more activities in th* SIC code 20 through 39 range, thus meeting the SIC code criteria for the purposes of this preposed ruie'For ` example, s large facility may consider its primary SIC code to be 13. relating to oil and gas extraction. However, within that facility there may be specific sties - or other definable units engaged in production of chemicals (SIC 28) or refining of petroleum products (SIC 29). EPA believe* that it Is important to B- Modifying tbc Requirements for Facilities Covered This proposed rule nontains the SIC code designations as present in the statute. However, section 313(bKl)(B) of the statute allows EPA to modify the requirements for facilities covered by adding or deleting SIC codes, but only to tbe extent necessary to cany out the purpose* of section 315. Also. EPA may. at its own discretion, oral the request of a state governor, apply the reporting provisions of section 313 to specific facilities not covered by the SIC codes |or other facility criteria) in accordance with th* aileria set forth tnsection considering U to allow reporting by each cover these situations where significant 313(b)(2). separate plants rather than requiring emissions cl chemicals might occur but EPA is not proposing at this time to - one report that would aggregate the -would not otherwise be reported. This add or delete SIC codes or make any emissions of the saam mimical bum all iatetpratatiaa is also consistent with the Individual facility designation*. Tbe plantswtthisa bcffity-Tbe major Occupational Saiety end Health Agency has received comments disadvantage of this plant-specific approach is that the Agency may lose Administration's (OSHA) intspretatioo of fadUtia* subject to the Hazard .maetiHg that certain tedUHaa fa segments of th* economy othsr than emissions data otherwise captured by AimhirwIwHah those covered by SIC eodas 20 through the breeder approach. For example, several of the site* may process the At the time tbe legislation was 39 may rale*** significant quantitiesof drafted, the aaost current revision of th* toxic chemicals covered by this asms listed toxic chemical but none of them individually may meet the SIC code manual was actually 1072 with proposed rule, p----pt-- ghrea-ere a supplement published in 1977. HPA warehouses or other storage facilities. ) HCC 69A 92093 Federal JUghfar / Vol 52. No. icy / Thursday. )tme 4. W67 / Proposed Roles 21155 wholesale distributors ofchaticab (where processina activities soch as repackaging aay occur). omaasrdal waste treatment facilities, aodsarae types of Federal fadUPes. EPA is seeking further commwit an the issue of modifying the SIC code coverage.. CoauneDtars should state specifically the segment of the industry they believe should be covered or deleted, the specific SIC code designation)*). tod how the inclusion or deletion of soch facilities is consistent with the basic objectives of the statute. C. Applicability Bated oa Manufacture. Procete. or Uee A person that determines that the facility meets the employment and SIC code standards for being a covered facility must then determine If the facility manufactures, processes, or otherwise uses a listed toxic chemical in excess of certain annual threshold quantities (see Unit V for these threshold values). Section 313fbHl){C) contains definitions for the terms "manufacture" and "process." 1. Manufacture. As defined by the statute, the term "manufacture" means to produce, prepare, import, or compound a toxic chemical. It it important to note that the term manufacture includes importation. Commenlerv requested clarification as to whether all importers of fitted toxic chemicals are subject to reporting. Inclusion of the term import in the manufacture definition equates the action of importing with that of producing the same chemical. It does not directly define a "person" subject to reporting. The determining factor it whether the facility receiving the imported chemical (alls within the SIC code 20 through 39 range. For example, a company that is primarily an import agent may not be subject because its facility may not be classified in the covered SIC codes. On the other hand, a chemical manufacturing facility that orders and receives a chemical substance from a foreign supplier (either directly or through on agent) would most likely be subject to reporting. EPA wishes to clarify another point relating to quantities imported and the threshold determinations. If a facility both makes and imports the same covered chemical in the same year, then the facility would add those quantities together when making the manufacturing threshold determination. EPA is proposing to further interpret the statutory definition of "manufacture" to include coincidental production ofa toxic chemical (e.g. as a byproduct or impurity) resulting from the manufacture, processing, use or disposal of ether chowioal sobstanoss. EPA believes thsi significeot quantities of listed toxic cbrenicab osn be produced ss byproducts or taprefties. B that chemical is produoad eoinddentally In quantities that exceed the specified thresholds under section Sit, than it b Important to account for releases of that toxic chemical to the environment in the same way as a person would account for the reieeaee associated with producing that chemical aa a commercial and product 2. Procete. Aa defined by die statute, the term "process" means the preparation of a toxic chemical after its manufacture for distribution in commerce (a) In the same form or physical atata as. or in a different form or physical state from, that in which it b received by the pereon so preparing such substance, or (b) as part of an article containing the toxic chemical. In general, processing includes making mixtures, repackaging, or use of a chemical aa a feedstock, tew material, or starting material for making another chemical. Processing abo includes incorporating a chamical into an article. EPA also interprets the term "process" to apply to the processing of a toxic chemical that b a component of a mixture or other trade name product This would rndudt processing of a toxic chemical that is an impurity in such product That is. if a person is processing a chemical or mixture that contains an imparity, then the person is processing that Impurity. 3. Otherwise used The statute does not define the term "otherwise need" and no guidance with respect to this term b provided in the legislative history. EPA proposes to define "otherwise used" as any use of a toxic chemical at a covered facility that is not an action covered by the terms "manufacture" or "process." and includes use of a toxic chemical contained in a mixture or trade name product For example, a chemical would be otherwise used If It is used as a solvent to aid a chemical procete but does not intentionally become part of the product distributed in commerce. Another example would be a chemical used ta an aid in manufacturing such as a lubricant or metalworking fluid. Such uses do not fall within the definitions of manufacture or process. EPA believes that it is necessary to define the term "otherwise used" to make a distinction between processing and other sees, primarily aa they relate to the threshold values discussed in Unit V. in particular, a facility that processes a chemical has a higher threshold assigned to It by thestatute than a facility that use* (La. otherwise uses) thatchamteaLPorrrsmpla. a facility that incorporvles tohsene Into a mixture for diatrlbadoo la commerce is processing that chemical Provided the facility meeb the SIC code and employment triggers above, the facility must report ifit processes more than 73J300 pounds of toluene to 1987. A facility that "otherwise uses" toluene, for example to dean equipment, b not processing totoenc. Therefore the threshold is use of more than 10.000 pounds per year of toluene. 0>A requests comment on the proposed definition of "otherwise need" and its tpplication to the proposed rule. EPA also interprets the terms "othcrwbe use" or "otherwise used" to include use of a toxic chemical that is a component of a mixture or other trade name product That is. If a facility is using such product it is thereby using the toxic chemicaL 4. Determining applicability when mixturet or trade nameproduct! are of undetermined competition. Cammentere pointed out to tbs Agency that importers, users, and processors of mixtures end trade name products may not know that they are subject to reporting because the composition of such products may not be readily apparent EPA boa developed a support document titled "Toxic Chemical Release Inventory Glossary of Synonyms." Thu document is designed to aid respondents in identifying the fact that they may be making, processing, or using a fisted toxic chemicaL However, the Agency realizes that the composition of many mixtures or trade name products may be considered trade secret by the manufacturer or supplier of those products. Thus the identity of cfaemicab subject to section 313 reporting msy not. for example, be entered on the Material Safety Data Sheet (MSDS) for that product. Section 313(g)(1)(C) states that a person must report the information required for those toxic chemicals "known to be present et the facility " In those cases involving Importation, use. or processing of products of undetermined composition. EPA believes that a facility must take reasonable steps to identify any reportable chemicals in those products. a. Guidance to importers, mere, and processors. EPA offers the following guidance for making such a reasonable determination relating to mixtures and trade name products of unknown composition, fa th* discussion the term user applies to Importers, users, end processors of the product in question. The term supplier Is used to indicate the HCC 69A 92094 21156 Federal Regular / Vol S2. No. 107 / Thursday. June 4. 1967 / Proposed Rules - " dmnrfaimmrw processor who .. 7 pupoMsof Gslcoliifa^ cmlsskios of tbo their automata to must thetr distributed theproduci fat eammaroe.., listad chemicaL - . responslbflitH under thn statute. EPA ' User* maetlnjlhaSlC codesnd If thesupplier does hot orwill not - . believes thaftfae-pi manta ofone or -employamiUrlggen-jboeldsiirviy their providrthe percentage onrepoaltion - tnoroof the section 313 Irerirchemicals fsdliUes-for mbtrures-txAredansme*.. informsHonrEPAwould consider that \ products-theI-theyeHtjernsi (riserssi f (hausentill har-a ihnitadreeponslbillty Incor^ntedixio thrMSDSferthat ' of 1O000 pounds r> |M" ImpTM* nr to reportEPA Isproposing that in such IwfwHtfHil iKilM process is excessof:75UXX>pounrii per year (the 1967pn>eessinglhreahold). reamwham a product isknown to ewriretw Heiert ftrrtr- rhemlfet hnf the . Uridccfaemlchla.fat theproduct.: -Contact the supplierof thrproduct: specific composition; cannot ha Ifthe producer nottairiars that the and tsk If the product contains e>. ditermined. the statutory thresholds far specific,chemical Identitylnformationis -- chemical orchemical category members listed for reporting under secttou3U.LT the supplier is unaware of the reporting requirements, provide the snppliCT the citation to this Fadanl Register document and follow up on the contact. If the supplier confirms that the product contains no section 3U listed chemical or category member; then the user has no further reporting responsibility with respect to that particular product. If the supplier of the product refuses to answer the question on grounds of trade secret protection, the user could offer to enter into a confidentiality agreement with the supplier. If this approaeb-is-unsucCTSsfal. ERA would __ consider that the user has reached the " limit of his or her ability to reasonably reporting would apply to such mixture or trade name product as a whole. Such product is known to contain a listed toxic chemical. Therefore. EPA proposes to err on the side of caution because.- under a worst-case assumption, it it possible that the productis 100 percent lilted toxic chemicaL However, because of the lack of composition information. EPA considers that a user would not be able to ressonsbiy estimate the emissions of the toxic chemical in question. Therefore, in such cases the user would only be responsible for ""mpUttng sections of the form that deal with facility identification, chemical identification, and nee of the chsmtcsl at the facility (sections J.tbrmtghVof the reporting form). No on-site quantityInformation.' ~ release data, or treatment-related worth)' oftredt secret protection, then ' the producer should provide csstdmen with enough information for those customers to meet their minimum reporting requirement. As discussed abova. producers and customers could enter into confidentiality agreements. Alternatively, tbe producer could provide the customer with the generic classification identity of the toxic chemical that the producer would enter on its own report to EPA end the State under section 313. Because the specific chemical identity would be masked, providing the percentage composition information to the customer should not. in the Agency's opinion. Jeopardize the confidential nature of the formulation. --c. AiUmnetrexfordeveloping ' __ information aboutmixtures antfSade determine the presence, qf a listed chemical in that producl.Ih user should, however, docurnent his or her information would ba required because the reporter would not hew the information to complete those sections nameproducts. EPA is considering other means far providing users end processors of mixtures or trade name attempts to maksrthis determination. [f the supplier of the product confirms that the product contains abated section 313 chemical;'the usershould request ' the specific identity ofthe listed chemical and the percent by weight of that chemical in the product. Should the supplier refuse to provide this specific identity, the user should ask for the generic classification name that the regulation assigns to that chemical (see proposed f 37Z.4Z for this list ofgeneric classifications to be used when e mpondentclaim*specific chemical identity as trade secret). Disclosing this generic identity to the user would give the user enough informstion to make t minimal report. Also, it would give the of the form. EPA believes that both government authorities and the public would stilLbenefit bom knowing that products containing reportable toxic chemiads are being Imported used or processedat certainlocations even if the emissions of such chemicals are not quantified"If the user is only able to determine that the product contains some unspecified listed chemicaL the user would fill in the product name in the space provided on the ions for chemical identity: The Instructions for theform provide s flow chert for determining the informsbon related to mixture end trade nam products that would be reported b. Guidance to producers ofmutates products with Information sufficient to comply with the lew. One option would be to use the general rulemaking authority of section 323 of TitleQl to require producers of trade name,products to notify- . customers. Manufacturers, importers, or processors of a listed substance would be required to notify their customers (who order ltLOOO lbs or more of tbe product per year) that they are using t product containing s section 313 listed chemical and that they may be subject to emissions reporting. This would at ff.it.imnn. icossse the awarenesss of the user community regarding Its potential reporting responsibility. Agency and the public at least an ' and trade nemo products containing - A second option-would be to require indication tint the user may be emitting listed ioxjccAemrnmEs.lt 1* obvious bom these same manufacturers, importers. one or more listed toxic chemicals as a the above diacusaiaa that imposters. - and processors to report to EPA tbe result of the facility'suse. importation, users, end processors of mixtures or trade naae-of the products they or processing of a mixture or other trade trade name-products may have to do a distribute in commerce that contain a name product - < considersbis amount of work to section 313 chemical end the percentage If the supplierprovides tbs percentage determine if end whet they must report by weight of the chemical in that by weight information requested, the under section 313. Asa means of product. Chemical identity could be user should first determine-whether the reducing this burden. EPA strongly urges f-taimart trade eeauL-ERA would then quantity of the chemical meets the - nwtwhMawpiini inn who publish cnmprahsnaivrBat of trade threshold far tepoiting that particular incorporate listed hade chemicals into nams products p--.inifting listed Listed chemical (La. multiply that- mixtures or (rods asms products to taka chemicals. The list would contain either percentage by the total annaai pounds- tbs initiativeto totem thsb customers the specific tdanllty or the: of the product used). If an applicable threshold is exceeded, that percentage of tbe prseence of sorting 313 chemicals correspondinggeneric rlsssiftratloc in those products. 8ed> producers name along srlfo the percent by weight figure would be further applied for should provide information sufficient for information V.' HCC 69A 92095 Fadwl Register / Vol 52. No. 107 / Thursday, June 4; 1987 / Proposed Rules 21357 A third option would bo to require . produeon to roport to EPA tho none* -and address-- of customers flat purchase--ere than the quantity of a product that would potentially pot that.. cuotomor oror the throohold forus* of tho pacific toxic chemical contained In that product For example, if a product contains SO percent by weight of a toxic chemical, then the producer would report to EPA the names and addresses of those customers who purchase in excess of 30X00 pounds of the product to s calendar year. EPA requests comment on the issue of reporting mixtures and trade name products containing listed toxic chemicals and options for providing importers, users, and processors of such products with the information they need for purposes of compliance. V. General Reporting Requirements A. ThresholdAmounts for Reporting Section 313(f) establishes thresholds for purposes of reporting toxic chemicals. These threshold amounts further define which owners or operators of covered facilities must submit toxic chemical release forms to EPA and the States. These statutory criteria are reflected in proposed 1372.12. 1. For a listed toxic chemical that is manufactured (including imported) or processed. Facilities that manufacture, or process s listed chemical must report if they manufactured (including quantities imported) or processed amounts in excess of the following thresholds for the calendar years: 1967--7SJ000 pounds per year. 1988--50000 pounds per year. 1989 end thereofter--ZMMO pounds per year. 2. For a listed toxic chemical "otherwise used.'The threshold amount for a use other then manufacturing, importing, or processing of a listed toxic chemical is 10000 pounds per year. A report must be submitted If a facility "otherwise used" the chemical in axe--s of this amount during a calendar year for which reporting is required. Owners or operators of fsdlities that exceed any of the above thresholds are subject to the reporting requirements end must report ell emissions of that chemical from the facility. For example, a company might manufacture 20.000 pounds of a listed toxic chemical,and use l&jOOO pounds of that production during a calendar year. The facility would report because it exceeded the use threshold quantity.The facility would then be responsible for reporting emissions of the chemical horn the manufacturing activity as well as the dm activity, even though the 8. EPA's authority to modify y manufacturing ecUrlty itself did not . thresholds. Section 313(f)(2) states that - bigg-- reporting. EPA may establish a different threshold - l-Figuringthresholdsinconnection .. amount tar a toxic chaoicaL However, with thslistedcategories. Compsfries ... under the statue any restssdthreshold that manufacture, process. or otherwise must obtain reposting on * substantial use one or more chemicals that would . majorityoftoUdrelease* of the chemical - be covered by a category luting (e-g- the at all fadliti-- aubfacrtoreporting. In " company maker several copper-_____--- 'addition. EPA has soma further - containing compounds) woilid count the discretion und-- tfaia paragraph to total pounds of all such compounds in establish (tifferect threshold amounts the category lor purposes of making tha based on dess-- of chemicals or threshold determination. categories of fsdlities. For example, (he 4. Figuring threshold when a toxic chemical is a mixture component. If a Agency could apply * different threshold for reporting to the dasa of toxic chemical is a component of a mixture then the threshold would be determined by multiplying the mast percent of the chemical In the mixture metal compounds, A threshold change based on a category of facilities could indude facilities in certain SIC codec facilities with a different number of full timet the total annual quantity of the mixture that Is used or processed. One comment-- asked whether EPA would apply soma dc minimis cut-off for this percentage in a mixture. Another comment-- eugg--led a 1 percent cut-off, citing the 1 percent cut-off in EPA's interim final rule for implementing section 302 of Title flJ(3lFR 415701 EPA is not proposing any de minimis cut-off as part of the threshold determination provisions of this proposed rule. EPA believes that If a facility can determine that it exceeds the appropriate poundage thresholds for s particular chemical It most report, regardless of the mess percent value of that toxic chemical In tha mixture. For example, a company usee 2.200.000 pounds of a mixture in a yew. A chemical is known to constitute one-half percent by weight of that mixture. The company hes therefore used 11,000 pounds of the toxic chemical and would thus be subject to reporting. 5. Figuring thresholds when a toxic chemical is recycled or reused at the facility. Commentert pointed out that certain chemicals may be recycled or otherwise reseed fat processes within the facility. For example, the company uses and recycles 15.000 pound* of s solvent in a process. However, during any given ye-- they may only purchase 2fi00 pounds of the solvent to replace quantities lost or amounts of spent solvent removed bom the facility. On an annual, `consumptive' basis on* could argue that they have not exceeded the use threshold. Commenters questioned time employees than ia specified by the statute or facilities with air or water releases above certain thresholds (e.g_ major water dischargers or those subject to an sir permit). EPA is requesting comment on the issue of whether It ahould or should not establish modified thresholds- The Agency is internsted.in dels that would support die necessary finding that a modified threshold woald still generate reporting on a substantial majority of total releases, as the statute requires. For example, the Small Business Administration (SBA) has suggested that the threehold* be modified to capture only larger facilities f*4, fsdlities with more than 50 employs--). SBA believes, based on recent EPA studies conducted or underway in four regions lie, Sant* Clan Valley. Philadelphia. Baltimore, end Kanawa Valley), that releases from mall facilities represent a smell percent of aggregate emissions and health risks. Consequently, this approach could potentially capture the substantial majority of total release* and provide several benefit*. SBA believe* that this approach could allow EPA. States, and the faculties to concentrate resources on estimating releases of concern, reduce implementation problems, end provide more time far EPA to develop e quality data base end refine its guidance for small business. Under SBA's approach. EPA. after a review of the first yew or two of data, could then decide whether the thresholds need to be modified end whether additional simplified guidance how they ahould determine whether they exoevd the annual threshold for small-- facility reporting is warranted. As an alternative to quantities In such cases. EPA proposes that tha quantity that must bt figured is exempting firms from reporting in the first two years. SBA recommends tha combination of tha amount of the that EPA consld-- tho option of chemical In tha recycle -- mss activity requiring smell firms to report only the at tha beginaing of the reporting period production/use figure* and to indicate plus any additional quantity of the same whether there are releasee (above de chemical brought on site during the yew. minimis levels) to air, lend, and water. HCC 69A 92096 ma Foderel Kogistar / Vol 52. TJo. 102 / Hiarsday, June 4. 1987 / 'Proposetl.Ttailei .. -iCC^JTt 1.' . ' EPA uinterestedfaobtaiidncst^.j.Xjmdc chemical emittedinto (he managementrespwnsfbiity.?The comuant ea these options bat hat not adopted them atfhi*UmarBeenes* the rnvirtmmwU end the efficiency of the treatment methods used in connection legislative history doe* notprovide AgaB^balmvarthatllbexiatmSBAy with Owcfcmdcelt being repartecLEPA thanto state that theprepareof(he is requestingcommentan ibis doenment ''yfficiflwuifltiiiMt^iitlpyreBt aaUaBwidemdUttaKSMUSma ,, Todjtahia eopynfthegtdduioe ~ thatsiirireminegi pjt itpffidtl^v- that.fivenUBeni]y*va{labie$pririn.- t ^jdocuaal coned the aodreae provided reviewithcLrepcrtforjtrrareryland. Infnwiiatinai Any/widtif iniilii Mill lieeiiim ~PtW Sim I It . ipWlMwas *" modiBed-QirrshoVlswiDalrl nnedLtobe 'V ;fjwmaniitm tomrset;**- mod^rihejeniiliMJnfyjraeafhed by based upon the level ofreportiogis : * in general,th* form is designed for tbe stitutaJawevg. the reportis realised peerthe first few yearraft implementation of this regulationsSuch data are needed so that EPA can asses* whether modifications of thresholds will allow HPA to meet the statutory.-... requirement that a majorityofrelease data would be submitted.. . _.... .. B. FrequencyofReporting and Reporting Deadtinee Section 313(a) establishes that the first reporting deadline Is July 1.1MB, for releases of toxic diesdcals that occurred during calendsryear1987. Also, section 313(a) establishes that persons subject most report annually thereafter on or before fulyl for releases of toxic chemicals that - occurred during tin preceding calendar year. Proposed 1372-Vi mcorporate* these requirements-without it *. modification. . . ... _ . . .., . *%. VL Font end SpecificReputting"*'- Raquiremeots Section 313(g) requires EPA to publish a uniform toxic chemical release.^.. reporting form not later thanJuneA. 19B7. H EPA had not publlahad-thajazm contained in this proposeduulerowners or operators of covered fadUtiarwoald have been required torepbrtto EPA and tbe appropriate State by letter and. include the information us required in section 313(g)(1). ' ;V Section 313(g)(2) permits owners end operators of covered facilities to use readily available data (including'' monitoring data) that were collected pursuant Urotherpcovisioiiriufilaw to provide the information required by the repotting form. When eodrdatrare not available, reasonable estimstEt'of tbe quantities involved must be developed. Section 313 does not reqnirradditional monitoring ormeasureiuentof^*' quantities, concentrations; or frequency of any listed chemical beyondthat- monhoring and measurement required under otherprovisions of lew or" regulation. - - ~ In eddtthm to die teetructiooe in fids proposed rela.Q'A has developed a - support document titled -Quidsnee Far Determining Releases And Wests - Treatment Efficiency ForTbe Toxic Chemical Release InventoryForm.- That document contains detailed technical guidance for calculating the amount of multiple rhanrirtl sabmisstons. Page 1 of thefans motetnaall tbe facility related dale and other common informslion elements. Tbs remaining pages of tbe form are chemical-specific. Therefore. If a company must report on more than one chemical they will only have to 11 out one copy of the first page of the form. They would then copy the already completed Bretpage and attach It to as manysets of the remaining pages of the form as are neoessaiy to cover tbe specific chemicals they are reporting. in tbe event that the Agency does not iaene a final nde by December 31.1M7, tbe formand instructions published here must be used for tbe purposes of reporting tM7 date. Subpart D of the proposed regulatory text contains the reporting form end instructions. Tbe following is a general discussion of die information that the statute requires to be reported,how H>A has interpreted the requirements for this proposed rule, and how such Interpretation is reflected in the proposed reporting form and instructions. A. Certification Statement Section! of the proposed form includes a statement that the information provided is accurate and complete. As required by tbe statute, the italetnenl is to be signed by a senior official with management responsibility for the persen or persons completing the form for lhat fadfiiy. If the identity of * chemical or chemical category being reported is ritmA a trade secret, this certification also appliesto the trade secrecy claim and the explanation that must accompany each daim. See Unit VO of this preamble tor a specific discussion of trade secrecy claims and the required explaaatioo to be submitted with such Retarding ndi eniar management official. ETA received a comment that tbe term "official" is ambiguous and could be interpreted to mean an officer of tbe uimpenj. In many large corporations there are only a few offices end actual management authority may vary from corporation to corporation. The eaaBmtar recommends modifying tbe language to read *en authorised representative with iadlity-qMdfic.lbarelareEPA interprets that each offiriel could be (he facility manager (rather titan bcorporate officer) or. far example, die manager of environmental programs far the fadlity or for the corporation responsible for certifying similar repasts under other environmentalregulatory requirements. B. Fodtity-Idtotificotion Section II of the form would require pedficinformation about the reporting facility. 1. Facility location. Each submission would specify tbe fadfity's name and address. In addition. D>A proposes to require tbe facility's Dun mid Bradstree! Number and, ff applicable, its EPA identification number. ThisEPA identification nmnberis also commonly referred to as theECRA LD. ninnher. It is a facility-specific somber (generally bated on tbe Dun'e nember) that is stsigned to the fadlity byH*A or tbe State far purposes of reporting under hazardous waste regulations. These numbers can treuaed as geographic locatorsJTbey would be required in part so that EPA can verify the actnal physical location of the fadlity where tbe releases of Unde chemicals occur, not the company's headquarters. Us administration building.-or Itspost office box. These identifiers will also aid both regulatory authorities 'ad the public in cross-referencing and analyzing existing data from the same facility. 2. Technicalcontact Tbe proposed form would require tbe designation of a technical contact who can darify or supplement tbe informsbon in tbe submission.This person's name, address, and telephone number would be provided. H'A believes that the designation of strehnicai coated wifi greatly facilitate Jolkrw-up by EPA States, or (oral governments, and by members of die public. 3. Permit numbers. S>Aproposes to require inclusion oftbe facility's permit number issued midar tilt National Pollutant DischargeEUminatibn System ; (NTOES)l Representatives ofpublic . '! interest groups end State governments commented that,the eveflabflltyof this ! permitnumber intbe daftabeae-woold enhanced]* public's'ability to obtain S further information regarding the HCC 69A 92097 Federal Register / Vol 52. No. 107 / Thursday. June 4. 1987 / Proposed Rules 21159 facility, particularly ita utiatlona to water. Industry representativesindicated that the NFOES permit number it a well known piece of information to any potentially covered facility and that there was generally only one such permit number applicable to a facility. While the Agency had soma concern about the duplicative nature of including this reporting dement. EPA believes that It will be useful to the public and will represent only a very minox incremental increase tn the reporting burden. EPA is also proposing to ask for the name of the receiving water body as reported on the NPDES permit, nil should be the receiving stream that directly receives the wastes and not river* or bodies of water that receive wastes indirectly downstream. Having the name of the receiving stream enhances use of the data, for txample. by allowing EPA or States to model instream concentrations of a chemical from knowledge of the discharge paint. Communities could use the information to determine whether a discharge is upstream of drinking water intakes. Another facility-specific permit number that would be required is the Underground infection Control PJ1C) Identification number. This permit number relates to Oast 1 deep well injection of hazardous or other wastes under authority of the Safe Drinking Water Act Like the NUDES permit number, this is a well-known facilityspecific permit number; and providing it on the form will give the public a direct lead to valuable information about this type of release to land. ETA also considered requiring specific air quality related permit number information. However, there may be a multitude of such numbers per facility bated on a variety of Federal State, and local government regulatory ' requirements. The problem with air permit numbers led the Agency to an alternative approach. In the release section of the form. EPA is proposing to require a "yes" or "no" indication of whether the chemical is specificslly covered by provisions of an air quality permit- This informatioo will at least provide internled users of the data with an indication that further information on such release may be obtained by reviewing such permits. Aa described in Unit VLC. below a similar approach to permit Indication is followed with respect to releases to water and land. As indicated above, the facility will have effectively provided a permit number for on-site land related treatment and disposal of hazardous wastes containing the toxic chemicals by providing the EPA LD. number and the UIC idtntlficAtioci nBbcf. - 4. SIC codas. To identify theprincipal buaintts activity at the facility, as required by the statins. EPA proposes to require the primary bar-digit Standard Industrial Classification (SiCfcods that applies to the fadUty. Also, the facility would, if applicable, supply op to two additional fanr-diglt manufacturing SIC cods* within tbe SIC 20 through S9 range that relate to the facility's manufacturing, processing, or use of the chemicals being reported. These SIC codes can. in a vary basic sense, be used to verify that the facility la subject to the section >13 reporting requirements. Moreover, classification by SIC coda will allow the data obtained from these forms to be analysed by industrial activity. i. Arran/ company noma. Commentei* expressed the need to be able to identify the parent company of the reporting facility, la the view of the eommenters. such information would * the public's knowledge about the facility, especially in cases where the facility name itself may give no indication of its connection with a larger, national or international corporate entity. EPA pees that such information could be valuable to users of the data for purposes of comparative analysis of industry activities. EPA also sees this element as a means of verifying the "person" subject to reporting. Le. the owner or operator of the facility as the language of tbe statute prescribes. Therefore. EPA proposes to require the submitter to include the name of the facility's parent company and that company's Dun and Bradsmet number. EPA believes that this will be Information readily available to the facility and will represent only minor incremental Increase in the reporting burden.->->'> .i C Identification ef Off-Site Locationt to Which Toxic Chemicals art Trantfered EPA ii also proposing to require the submitter to provide the name end the address of any off-tite waste treatment, storage, or disposal facility to which wastes containing the chemical are sent This Information would be entered on tbe first pegs of the form (form section UT). This tofotmation is pieced an tbe first page of the form so that respondents will not have to repeat this mfannatiou for each chemical they may be reporting Whan tbs actual chamicai-epadfic r*leases are reported in a Ister section of the form (see Unit VEG.4- below) the submitter would only need to provide a reference to that off site location as explained in tbe Instructions. E7A believes that this ofT-aite location information will greatly enhance tbe public'* uadatstandiiif of the locations of the toxic chemicals fa a community and will complete the picture of waste related releases of a chemical from a feaillty. This informatioo should be readily available to the submitter, end EPA does not believe that entering such information on the form will pose * significant additional burden. EPA is requesting oomtaent on this issue of providing off-site location information. For each off-eit* location, except publicly owned treatment works (POTW). EPA proposes to ask whether that location Is under the management or control of the reporting facility, or under the management or control of that facility's parent company. EPA believes that this information will give users of the data an important indication of the relative level of responsibility for the ultimate disposition of the chemical m the environment. Again, such information is likely to be readily avsliable to submitters. EPA is also proposing to require information on how such location is bundling the Waste """turning lilted chemicals (*.g, deep well Injection, landfill), end. if known, bow the waste may be further treated at such locations. EPA and other users of tbe data would than be able to hotter evaluate whether the chemical fa the weete would end up a release, and the likely form of that release. EPA realizes that treatment informatioo may not fa some cases be readily available to the submitter. Therefore, the submitter would be required to enter this information on the form only if it is readily available information known to tbe submitter. For example, in contracting with such off site facility, such treatment information may ha included as part of the agreement or may appear in other correspondence with the company or in promotional literature. Included in the concept of transfers to off-tite locations would be quantities of tbe chemical fa wastes that are shipped to or removed by a "broker." or middlemen- fa such case*, the facility owner or operator may not know the actual location of the site to which the waste is shipped or the waste treatment or disposal methods to which tbe wastes will be sobjecL Therefor*, the location information provided by the respondent wouid be the name and address of the waste broker. There is a key criteria for determining whether the transfer of a toxic chemical to an off-sits location is reportable. Thai criteria is whether the chemical in the HCC 69A 92098 21169 Federal Register 1 Vol 52. T*fo. IP? / Thigaday.' June A. 1667 f Proposed Holes . waste is being removed boothe facility., metal for one of the categories.Againif descriptiveenoughte give users ofthe for ultimateriispoeaL Forrnampia.a ' the chemical is hated individually in file data base some io&cattioaofthe type of facility-ooniract* witha-ecmravecisl wasta disposal Gratotnmttpnl ruk. tt omnld be reported on asperate rhaminl srrtinninsl rntegntj hririf form.Forexample. e--yy--t-- |* ---- solvenrfrom th* facility. Th* fadtitf . and ssfls thrspecificBated diemteil M- in rristiite trade-secrecyclaims. wouldrepoa ihtrMwddlhtuiliMl from the facility as t transferto eneffit* lecatiaBJt. howoroc. lhafedfity leUiltlupmtiohUtiuiimwK then foe facility would not bo required to repeat this sale as transferOf the dr-a-i-cp--ho--laR>*r^d*Mph,xeraal|` iaoir/-TThKsa^c^asousmoirp--oa-p-nOo-y-n-t-ro-eifr_cidan*not ' commefatmrstatedHud-e-fodlUy ' reportagecheated! category feg^ ' . A<fo*mle*Iti>at fits th* dsftaftionaf Antimonycoospoonds) coold not further fcflhdrBstsd Categories end that is date thatrepastedtdaafity-as trade - notspecifically listsd in 137245(a) and socretThob I altesi all Ha-that the " [bj would ba reported using the category identities of specific oompooeuts being chemical to an off-aits locatiacLTbc firm name. For example, a company using purchasing and reprocessing the solvent coppsr chloride. which is a chemical not would be covered by die reporting specifically bated,would enter "Copper provisions of this proposed role as either compounds' aa the chemical a mamifecturer or a processor of the Identification. If more than one such solvent. That reproceasar would then be unspecified category member is made, responsible for reporting their own processed, erased by the facility, then releases to the environmentof the the facility wooid aggregate those chemical. This later case is consistent chemicals fat reporting. Aggregate with the overall distinction made reporting allows a facility to report {on between "releases" from a facility and ooe form) all the chemicals that fit a the distribution in commerce of a category using tha categoricalcam* as a covered Unde chemical aa part of a label Forexample, a facility may report product. If the reporting facility does not emissions of ell the cioppoi-containing know whether the chemical bring compoondaen one form. In the chemical removed from the facility is destined for identification section ofthe form, the ultimate disposal, then EPA proposes category name "Copper compounds* that the facility would err on the aids of would he entered. caution end report this removal of the 2. Claiming thechemicalidentityor a chemical from the facility aa a transfer tradeseerwLSsc&an 322 ofTide ID to an off-rite location. permits chronical identity to be claimed D. Chemical Identification aa a trade sacreL-TUie HI does not aulhortsee'dainrof trade secrecy for Section TV of the form requires anything other than chsmlcal Idotity. A identification of the chemical or box In Section IV.B. or the form must be chemical category to which all checked whan a claim of trade secrecy subsequent data apply.The chemical is is mader.Tbe submitter must also to be identified by the listed chemical provide EPA with an explanation of the name and. if applicable, by the CAS trade secret claim. Referto Unit VII of registry number. Chemical categories - this preamble for a datsfiad discretion listed do not have a CAS number of the required explanation associated with them. Refer to proposed . The atatala requires that the submitter i 37245 for the bats of chemicals and must supplya generic chemical class chemical categories covered by this identification ou the form. EPA proposal reporting requirement. a list of generic classification* with The form would require the CAS related code* in 1372.42 of the proposed number in addition to the listed rule. EPA is proposing to predefine the chemical name. Such CAS numbers are generic classification name for each provided'frrtbrregulatnry listing:' listed and rhamtr.1 vstsgmy. reported underfont category name ere already snffirientiy masked. EPA does not agree with tbs enmmenten Interpretation.A category such as Antimony compounds la a toxic chemical *i*iiHty aa iiatad in foe referenced Committee print for purposes of reporting under section 313. Because chemical klaatity may be claimed trade secret and because there is no specific exclusion from such claims for an identitiy foal is a category. Q*A concludes that such category my trade secret. As a practical matter, however, the Agency believea that a facility would have difficulty Justifying a trade secrecy claim,with respect to one of the compound categories. 3. Identifying mixtures or trade name product* ljntl.IV.C4. of this preamble discussed foe problems of identifying and reporting Inxir. chemicals within mixtures or other trade namepradncU. Section IVH of foe farm provides space for tha reporting the name ofa mixture or trad* name products. If provided by the supplier; this generic classification nama sssorialed withtbs actual toxic chemical component.would bo entered in Section IV.C. of foe form. As... discussed, such importers, users, and processors of these products may only have a limited reporting responsibility under this proposed rule depending upon whether they reasonably can determine foe necessary percent composition information. ....... Inclusion of the CAS number on the form will provide verification of the chemical's identity. CAS numbers ere widely accepted and used for purposes of chemical identification end chemical reporting. EPA believes that their inclusion in the data base will also facilitate the retrieval of additional information on tha chemical from other date baaes or reference*. 1. Identifying indrridaaJ chemicals versos aggregate reporting undero category. Any chemical specifically listed (La. bated in proposed (37Z4S (a) and (b)) must be reported individually alongwith the associated GAS number. A chemical on the hst that has an associated CAS number may also fall Into a covered category nr be the parent EPA has assigned a generic classification to each list entry end has placid the corresponding generic classification code next to the chemical or chemical category name farthe 1372.45 listings. Refer to the column titled Generic aerification Code that appears fai the chemical li*t*-EPA believes that thissystem will foster consistency far reporting and improve quality control rotated to data entry. This approach should also reduce die burden onrespondents beesusethey wiB not bo required to develop their own generic identity for theoubmieston. EPA cansidersthe classifications to be general onoogh to satisfy foe trade secrecy concerns of industry. At foe same time, foe classifications are E. Facility Activities and Usee ofthe Chemical The statute requires information about whether foe toxicchemical is manufactured, imparted, processed, or otherwise need and thegeneral category or categories of use of that chemical. EPA interprets this requirement to mean activities and uses at the facility, not naes for which foe chemical Is distributed in commerce.EPA baa developed several proposed indicators of [adUtyocttvflty ornseirialad to foe chemical bring reported (see Partion V of foe farm).EPA behevos foot these tsdicetors wfl] ghrrths usersof the deta e sufficient idea of why foe chemical is present at foe facility and.If applicable. HCC 69A 92099 Federal Register / Vol a Wo. 1 Of f Thursday, Jane 4. 1987 / Proposed Rales 2hbi how it functions within the facility. EPA attempted al the him time to keep theme indicator! of uu generalenough to ae not to oomprueueeprooess-reialed trade secret information. A submitter would be required to check ell activities and uaea that apply. F. Maximum Amount The alalute alao requires an estimate of the maximum amount [in ranges) of the chemical present al the facility al any time during the reporting period. EPA proposes, as the conference committee report directs, that these ranges be adapted from the ranges used for development of the chemical inventory under section g(b) of the Toxic Substances Control Act (TSCA). The TSCA 8(b) ranges relate, however, to total annual production rather than maximum on-site quantity at a point In time. Therefore. EPA requests comment on whether the magnitude of these ranges are appropriate for purposes of reporting under section 313. C. Release* to Environmental Medio The statute requires information on "the annual quantity of the toxic chemical entering each environmental medium.- The conference committee report elaborates upon this requirement, stating that "Reporting on releases to each environmental medium ... shall include, st a minimum, releases to the air. water (surface water and groundwater), land (surface and subsurface), and waste treatment and storage facilities." The transfer of chemical-laden wastes to treatment or storage facilities is not commonly construed as a "release" to the "environment." However, such transfers are comparable to discharges from a facility because they are wastes leaving the facility, with the possibility that some fraction ol the chemical in the waste may ultimately enter the environment The statute defines release as "any spilling, leaking, pumping, pouring, emitting, emptying, discharging, iniecting. escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other dosed receptacles) of any... toxic chemical." H*A is proposing to require reporting of total annual releases to various media, including in each total both accidental and routine or planned releases. In connection with this total release concept. EPA also proposes to require s "yes" or "no" indication on the form of whether the reported quantity of release includes any accidental releaaea reported under section 304 of Title IU or section 103 of CERCLA. This approach ensures complete reporting oTreleases from the factBty without requiring duplicative reportingTM the specific quantities ofthe accidental or emergencyportion of releases. Unh of the data cm then go tothe state or local planning mmmission to review fee specific "release" reports. The release Information required on the Iona is to be baaed on readily available data (Including monitoring data and emissions measurements) collected pursuant to other provisions of Isw or as part of routine plant operations. Where monitoring data or emissions measurements are not readily available, reasonable estimates of the amounts released may be made using published emission factors, material balance calculations, or engineering calculations. No monitoring or measurement of the quantities, concentration, or frequency of any toxic chemical released into the environment, beyond that monitoring and measurement required under other provisions of lew or regulation, is required for the purpose of completing the form. EPA is proposing that respondents estimate as accurately as possible the quantities in pounds of the listed chemical released annually to each environmental medium. Respondents would round off these figures to the nearest pound. However, given the annual aggregate nature of the data. ETA is seeking comment on alternatives for reporting release quantities. One option would be to allow reporting hi ranges for ell emissions or for emissions below certain threshold amount. A concern expressed by one commenter is the compliance implications, especially for smaller firms, of having to certify to t very specific release figure. Ranges could be established as order of magnitude or other appropriate categories; for example. 0 to 10 pounds. 10 to 100 pounds,100 to 1.000 pounds, or 0 to 10 pounds. 10 to 100 pounds. 100 to 250 pounds. 250 to 500 pounds. 500 to 1000 pounds. One potential drawback to this approach is the difficulty of doing analyses from the data base where emissions are expressed in ranges rather than single numbers. Another potential problem is that neither the statute nor (he legislative history of section 313 provides forreporting the emissions data ai a range, such as is provided for reporting the maximum quantity of the chemical on she. Another option would be to allow respondents to report to one significant figure. For example. If a respondent estimates that their release of a toxic chemical to water is 1.120 pounds per year they would be allowed to report IAS pound* peryear."This approach would allow lora consistent degree of leeway to expressing the accuracy of a single namber Tar any release. Asa third option. Q'A could require specific estimates within some specified degreeofprecision. For example, in the TSCA Inventoryupdate rale. EPA required reporting of production volume* to two significant digits with an accuracy of plus orminus 10 percent. EPA asks far on whether this approach should be applied in this rulemaking. For each annuel release quantity. EPA proposes to require a "basis of estimate." This element will indicate whether the quantity reported was derived primarily baaed oe monitoring data for the wastes leading to release, mesa halanor calculation! of streams entering and leaving process equipment, emission factors I* g - published date on the amount of release to a medium as a fraction of production volume far the process/equipment leading to the release), or other approaches such is best engineering judgement. In addition to providing some Idas of the quality of the estimate, this element will identify situation* In which monitoring data might be obtained as part of follow-up activities by EPA or states. Most release quantities are likely to be aggregates of estimates using different methodologies (eg- part of stack emissions based on monitoring data, part based on emission factors). Submitters would indicate the single method accounting for tbe largest portion of the release quantity. EPA request* comment on this approach. For metal compounds. EPA proposes that the release quantities be reported for only the metal and not the metel compound. EPA recognises thal most monitoring data available measures only tbe metal portion of the compound. Reporting of the amount of compounds released would be complicated when more than one substance contributes to the metel content of the weste. when the compound dissociates, end when the compound is converted to a different substance due to waste treatment or other processes. It therefore appear* reasonable to require reporting of metal released to avoid confusion over the meaning of total compound released. This section of the form also require* a "yes" or "no" indication of whether the toxic chemical released is specifically covered by a environmental permit In general, a facility would answer "yea" If the permit apedReally include* or cites the reported toxic chemical. HCC 69A 92100 21162 Federal Ihgiltr / Vol 52. No. 107 / Thursday. June 4, 1887 / Proposed Rules Section VH of the proposed form t< organized by environmental media, U EPAalso proposal'that the total ' Addresses for these facilities will have releases of a chemical to surface watersr been provided in Section 01 of the form. would aak far tofanaation on releaiet to. Indude the.contriboticn.fhm--* -- (A) air [BJ waterfC) land;end (D) stormwater ifIhr facility's permit . transfers to off-siteloeaUan*. ' includes stormwatereduces. Given the Firm, facilihee would be required to aabatela releeaee.to POTWfcEPA's and the onmaiuntty's ability to analyze dala 1. Emissions-to ain The eabuactfon on potential dlf^eoltx Ip aatimating,tba- - on releaaasdo waterwould be greatly air releases indadaa fugitive end point contribotfan ofstormwatcr-todhetotal enhanced by kaowtngbow mudr ; air laniitiona. EPAproposes to* .--- release ofa chemical. EPA la- chemical goes to a POTW. EPA and diatiatoiah fugitive or non-point air specificsfly asking fat commant on tbe other risen would be able to make more emiaaiona from alack orpoint air inclusion of stormwater discharges and accurate assessments of environmental emiaaiona for two reasons; First, bow these releaaea should be estimated concentrations of the chemical because, eatiraatea of alack emiaaiona are likely ai>d reported. for example, estimelea of POTW to be more accurate tban eatimates of As discotied in BJ. of this unJL EPA treatment effectiveness can be taken fugitive emiaaiona becauac alack is proposing that facilities that directly into account emiaaiona can be directly measured. discharge wastes to surface waters The other lines in this section are to Better overall information on air provide their NPDES permit number. In be esed for reporting release* of tbe releaaea can be obtained iffugitive the release section the respondent chemical lo any of the other types of off emiaaiona are reported aeparateiy and would also indicate whether the site locations identified in Section Ul.B the accuracy of the data on atack chemical discharges being reported are of the form. The respondent would also emiaaiona ia preserved. Second, specifically limited by tbe NPDES indicate the beats ofestimate for the aeparate reporting of fugitive and atack permit. release and whether that release is emiaaiona will enable regulatory 3. Releases la land. The subsection on covered by the permit i-e- whether the agenda* and other uaera of the data to releaaea to land asks for tbs amounts of chemical ii part of a hazardous waste judge tbe relative aignificanoe of theae a chemical disposed of within the leaving the facility. two sources of releases. For each air release quantity, confines of tbs facility. Types of landbaaed disposal are identified in the H. Waste Treatment Information submitter* are to indicate whether tbe instructions along with a cods, which ia 1. EPA > concept ofwastestream for release is covered by any applicable to be entered on tbs form. Specific land- the purpose ofthis reporting. Section permit controlling the cbemicaL Become based disposal metboda Include 313(tHi}(c)(tii) states that facilities must a facility may have many air permits placement fat surface impoundments and report 'Tor each wastestream. tbe watte covering single pieces of equipment or subsurface disposal in landfills, septic treatment or disposal methods process**. EPA lanot requesting permit systems and infihretfon lagoons, or employed, and an estimate of the numbers. That a permit exists for tbe air underground injection wells. Sucb treatment efficiency typically achieved. emiaaiona of tbe chemical at tbe facility methods may result to the chemical . . ." EPA has proposed a list of codes in provides a starting point for tbe reaching groundwater. They are grouped the instructions from which facilities can coramcnily to obtain permit information. as methods of land-disposal to specify a treatment method leg- To answer "yea" to the permit emphastae that reported quantities are biological treatment, incineration) for question, the facility must determine to be amounts placed In each type of each wastestream. that tbe permit specifically cites tbe disposal system. The respondent would ETA is proposing to consider s toxic chemical in that permit. For report the amounts that are placed in wssteetream at aggregate wastes example, a permit might set a numerical infiltration and/or septic systems as one treated in a particular manner or the emission limit to control quantities of total since both are designed to allow influent stream to a tingle treatment that specific toxic chemical ideated. wattes to percolate into neat-aurfaoe method. For example, aggregate waste The facility would answer "bo* if. for soil. going to secondary wastewater example, the permit sets a performance For the purposes of thia reporting, a treatment on-eile would be reported as s standard for the process equipment ia surface impoundment denotes a "final" wastestream. Estimates would not be which tbe chemical ia made or used but disposal method, and quantities of a required for each of the numerous does cot die tbe specific toxic cbemicaL chemical added to an impoundment that waters from various process paints that Some facilities may have aevaral similar is pan of a wastewater treatment are combined for treatment. EPA emiaaiona sources that beat tbe seme process should generally not be reported recognizes the difficulties involved for a toxic cbemicaL If tome but not all of here. However, where the impoundment submitter lo estimate efficiences for these emission sources specifically have accumulates sludges containing the each separately. permits that specifically dte tbs chemicaL quantities should be entered If certain wastestreems containing the chemicaL then it is atill appropriate to here; unless they are accounted for by chemical are treated separately, then answer "yes" to tbe permit question. other-totals (eg- impoundment individual reporting of each treatment 2. Discharges to'water. The subsection dredgings hauled to off-site disposal). process would be required. For example, on releases to water indndcs tbe An impoundment would, in thia regard, one process wastestream could go to fadlily'a direct releases to receiving mean a type of final disposaL carbon adsorption, than be combined water bodies only. The facility would The respondent would check "yea" In with other process waters for secondary enter tbe amount of the chemical released to surface waters (eg- rivers, the permit oohimn If the facility has an EPA Identification Number and the treatment. Carbon adsorption would then have to be reported separately,as a lakes, streams, etc.) from aO discharge chemical is befog disposed of as pert of treatment method. points at the facility. QuantHraa of a a regulated hazardous waste. EPA considered an alternative toxic chemical in wastewater 4. Transfers to offsite locations. In approach to defining wetiesbeams discharged to a POTW or ether off-site . Section VHJX of the font tbe which would classify them more treatment plant would be entered in respondent would enter the actual specifically by same*. In particular, the Section VTLD. of tbe form fsee amount of the chemical ia waste Resource Conservation and Recovery paragraph G-4. of this unit). transferred to ofT-slte locations. ActfRCRA) D. F. and K waste code* HCC 69A 92101 ' J TaAenh Register / Vet 52. No. 107 / Thursday, fane 4. 1987 ] Proposed Rules grina could be used whan applicable. For exsmple. KCRA code JCD63 refers to "PislilUtian bottoms frnmenllies' production.* Other sourcespecific codes could be developed lor non-RCSA wtstettruam*. Knowing the souses of sack wastestream or wastestream componsot would allow EPA or other regulatory agencies to link specific fisted chemicals and currently regulated hazardous wastes. Such Infametinn would permit better identification of toxicity hazards and risks associated with hazardous wastes and would be helpful in decisions to list or delist specific wastestreims under RCRA. In addition, information on aourca specific treatment efficiencies could be used as a screening tool for EPA and State programs that regulate chemical release* and set standards bated on source-specific control/treatment technologies. Despite these potential uses, there are a number of difficulties in requiring the more detailed source-specific information. First hr order to fully evaluate waste treatment methods for the purpose of regulatory development considerable amount of more detailed technical information would have to be collected. Such data would include unit design and operating features or the treatment equipment waste throughput waste composition and physical form, waste pre-treatment watte components that can interfere with or enhance the treatment process, and whether recyclable materials or usable energy are generated. Second, companies may consider that wastestream sources reveal trade secret information by revealing specific process or chemical information, whereas Title IH allows only chemical name to be claimed trad* secret EPA's program office* have other authorities that would allow them to collect these dale while providing.meebenisme for - protecting valid company trade secrets. Finally.soui ne specific waste oode reporting would considerably increase the reporting burden because of the large "'""her of waatestraams that must be considered. Each waste treatment process may be aawdatad with multiple source-specific streams, thereby requiring multiple line entries and efficiency estimates for each such process. Given the broad coverage of section 313 reporting, it may not be appropriate to htriudt this level of detail. Therefor*. EPA believe* that identifying the specific source of e wastestresm (for example, absorber effluent distillation bottoms,or spent catalyst) should not be included on the proposed form for two major reasons: (1) Without othersnoredetailed tofenufioo tbnt-aouroewastastraamdata would have limited asehdaeaa. and (2) It raise* trade secret problem*. For theparpoee otthjsgxupnrod hum, the waateaUeame ai*b*fagchaiuEtetiadaage**oai ' liquid wastas. and sobdwest^inctoding sludges andahmaea). 2. Wastetreatment efirdonef. AHtl'J.gt. reported far lb* waetaetrem containing the listed chemical, the conference committee report states that the treatment efficiency should refer to the listed chemical as epposed to other component* of the svastestroam. EPA interprets the tana "treatmant efficiency* to mean the mass percent by which the treatmentremoves the rhrrmira I from the wistestreim. An alternative interpretationis that only the mass percent destroyed or chemically converted be reported. Of course, the chemical removed may only be transferred to another waste (eg. from water to sludge) and release quantities to various media must reflect these transfers. The reporting envisioned for this fans would not allow EPA to truck sequential treatment processes and subsequent disposal. However, for most treatment methods it wifi be possible to determine, based solely on the treatment code whether transfers to another miltiiiiu occun. It may be difficult for the facility to ascertain the degree to which the chemical i removed or destroyed. For example, wastewater treatment may trout a chemical waste by simultaneous mechanisms:Evaporation, reaction with other chemicals In the wastewater, biological oxidation, and adsorption to hedge.Treatment efficiency data readOy known to a facility represents net removal by all these mechanisms and it is not usually possible to dlatiagulah destruction from removal. Therefore. EPA proposes that treatment effidencybe expressed as the overall concept of percent removal, whether the specific action taking place is destruction, chemical conversion, physical removal, or some combination. 3. indication ofinfluent concentration. EPA is also proposing that the concentration of the chemical In wastaetreams prior to treatment be indicated. The effectiveness of moat treatment methods Is concentretien- dspandsat and obtaining this liifiumeliiin erfll assist user* of the data in lietei ii lining lituthsr sffsrtiTi treatmentmethods may be available for waste* contesting different amounts of a givenchemical.The range* for reporting are listed in the instructions. Tech range coven 2 or-3 order! of magnitude. 4. indication ofwhether the efficiency estimate is bated on operatingdata. EPA is alsoproposing that Tirl'^irt provide a*>es" or "no* Indicationof whether the treatment efficiency estimate Isfiasad on actual operating data. For example, the facility would check "yes' if the estimate is based on monitoring of influent and effluent wastes under typical operating condition*-The facility would deck *no" If the efficiency estimate is based oa published data for similar processes or oa equipment supplier's literature. EPA believes that this indicelion will be valuable to users of the data in the same way fast the `basis ofestimate" information la valuable in reiatioa to release estimates. It will provide users of the data with an indication of the relative quality and reliability of the efficiency estimate figure. I. Optional Information on Waste Minimization The final section of the farm allows the respondent to describe eny action taken it the facility in the past year (other than the waste treatment methods specified in Section VID of the form) to mlmimtze generation of waste related to the chemical being reported. Actions may include process modifications, changes in operating procedures, product redesign, raw material substitutions, or recyda/ieua* which have reduced or eliminated the generation of wastas containing the chemical being reported. This section allows a facility to demonstrate that progress is being made fa waste ni.imir.tine not just reduction in releases. For example, yearly reporting may show that a facility hiss significantly reduced releases of s chemical but the reason for such reduction may not be obvious from the reported data. Alternatively, a great reduction in waste generation may be bidden by the fact that very efficient treatment has always led to little release. The form asks for The type of action taken to reduce waste generation (by code): pounds of the reported chemical in the waste in the reporting year, pounds of the reported chemical in the watte in the previous year (or die facility can enter e number far the percent dtaage); an index comparing production level in die reporting year to production level is the previous year and reasons fortaking the action (by code). The index ofproduction level figure provide* a means to sort out changes in wasla amount due to level of business activity. For example, if the chemical HCC 69A 92102 21164 Federal Register / Vol 51. So. 107 / Thursday. June 4. 1987 / Proposed. Rules woeid in coating appliances end If the submitter claims the spedfie 80000 ippHapres ware ptodocsdfn 1987 diemlcel ideatltyaatrade eeoafthane ' compand Jo 100009fat.1988, the index ..secoodcopy of thatreportmost be would be 08. Aar reported.waste mcindedsirtlh the eidanlulnwi This reductioo-(ar lack of iageiaelooeld ' . second oopywouldfae* "ndHisrf"1 ' then ^ apportioned to the ectiim token or t<rchange inocboomlr.activity... Companies can protoct tndeoeaat . veatanafUmmrigtaaUabatodcniltwOUNWUlllVlillDfHBmflmQOO as the original sabrntorttwexcepfllial informstion lino* actual production tba space provided fartbe specific levels would not be reported, nee would chemicaJ identity [taaduding CAS "watte pur unit production." The. - number, ^applicable) would be felt production level indicator chosen should blank. This non-treda seem vafsion of most dosely represent activities the form is theon* that will be made involving the chemical, However, these available to the public and Is the version activities could range from production to be submitted to the State. volume of the chemical itself (or of Any tubmitter deimlng trade secret another chemical using the reported protection (or s chemical Identity mast substance) to the dollar value ofall alsosubmit aa explanation for this products made at the fadlily. This latter ' claim in accordance with section indicator might he most appropriate, for 322(t)f2)(ii) of Title HI. This explanation . example,' in lhe case where the facility mutt demonstrate: (l)That the eubmitter substituted one general purpose solvent with another solvent Facilities can use the narrative space provided in this optional section of the hat not disclosed the chemical identity to any other person, other than a member of e local emergency planning committee, an officer or employee of tlx form to explain how the modification ceased the changes in waste composition orchanges in based. Such information Is expected to be highly valuable to those dfisans who are attempting to understand industry progress in reducing releases of chemicals to the environment It wiD also penaMregulatory agencies to analyse the effectiveness and the extent of use of various techniques for reducing routine releases of toxic chemicals. Soch information will be essential to understanding why redactions fat ~ releases are observebleurlong-tsnn date from a facility. Completion of this section is optional berenee eetione that reduce releases could far tome cases reveal trade secret information end because tbs ststuts does not specifically United States or a State or local government on employee of sack person, ar person who is bound by confidentiality agreement: (21 that the submitter has takenreatorisble . measures to protect the confidentiality of such information end wfl) continue to take such missBrer (3) diet the information is not required to be disclosed or otherwise made available to the public oader any other Federal or Slate law: (4) that disclosure of fat information i* likely to causa substantial harm to the competitive postHonof the submitten end (S) that the,chemical identity to not readily discoverable through reverse engineering. Failure to submit this explanation as part of the submission wil] result fat immediate request information on reductions in releases. disallowsnce of the trade secrecy claim without further notice to the submitter. The explanation document itself will VIL Trade Seoet Claims and Substantiation ' be available to the public. However, the submitter may further claim portions of Section SS of Title HI provides that Iht rfftwimmwf 98. the specific chemical identity (indading confidential if that informsdon would the chemical name end other specific reveal the chemical identity claimed as identification) may be designated by the a trade secret or wouldreveal other submitter ea a trade secret To do aa, the confidential business or trade-seoet submitter would check the ben is infonaatioa..To metre this claim the Section rVJL of the fans indiesting that. submitter would dearly designate those- the chemical identity is being dahneri as portions of the explanation dncmaetit to a trade secret The safaasittar would also baclaimadascaafidaBttoLThe- have to enter the generic rlasiifirsttnn V--M twrfmU o--StfdwtlnM name and code that-ie fee ssilgneil by that those portions of tbs explanation the regulation to that tadc chrmiral.Eoe proposed^ ptB fae would. U disclosed, reveal therh--deal thftf diMlfkitfwi MBWfc identity being daisied as a trade secret the listings af covered chemicals end or wouldreveal other confidential chemical categories proposed In j S7ZAS of tho regulation Indude e oofannn that This certification mast be signed by the contains the pro assigned generic tame person that ai^sthe notification classification code for that chemical statement an the reporting fame Under sectfcriS22fa)t2)pi) ofTide m. a person who claims a specific chemical identityos confidential to required to ^^^^mqpfaw^mtf^eroeeoni factors in section 322(b) applyJTUs " ' cmUaaBonto lobe faefaded lathe submlttarrefsned.to in |section 3Z2(sXl)r which In this case is the submittal of the report under section 313. Since the section 313 report is required to be sabmiUed to EPA end "to an official or officials of the State designated by the Governor," section 322(a)(2)(fi) couldhe reaid as requiring that the explanation, including any information In It which to trade secret or otherwise confidential under section 322(f). must be eubmitted to the Slate as wall However. EPA believes that this leading of section 322(a)(2XU) to inconsistent with the remainder of section 322. Accordingly. EPA to proposing that persons submitting reports under section 313 in whin the specific chemical Identity to claimed es s trade secret would, in addition to submitting a sartitiiod copy of lha form to tfah'Stata. be teouired to sabatit a sonltriad copy of the explanation forthe trade secret claim to the State and EPA as well. In this way. Stales and the public si large would be in s better position to determine whether a trade secretdobs appears to be valid end. therefore, whether to petition EPA under s*ctian-322fd) to review the trade secret claim. EPA received, conunente that the trade seoet provisions ofTitle IQ do not require."upfront substantiation" of s trade taoet claim EPA considers that the statsta to qeite deer on the requirement dial the above-mentioned explanation be provided as part of the submission. That is. the required explanation mast baprovided "up front' The commenler may be referring to additional more detailed information that must be subedited, in the event that such trade seoet claim is challenged through the public petition process es provided by section-322 of Title HI. Another cummentar asserted that rliniiral substances that could be required under section 104 of the dees Air Act or under soctiao 804 af the Clean Water Act am data that mutt be made pubficafiy available. Therefore, accriding to tins argument a submitter of e section 313 report woald not be able to claim tiede secret the chemical idmiWyamnrlated wHh each emission. btheeaamUB'imUeaiAe suisalttor would hot bo abia to attest to the factthat soch ehenilCatepectfic HCC 69A 92103 Federal Register / Vol 52. No. 107 / Thursday, June 1 1987 f Proposed Rules 2US5 infotmation is not public knowledge.. EPA is reviewing ibis ami will address it in connection with the comprehensive Tide m beds secret regulations to be proposed by the Agency. VIB- Recordkeeping EPA proposes under the general .rulemakingauthority of section 328 of Title m to require eubmitters to retain a copy of each report plus the supporting . documentation used to complete each report EPA proposes that these records be retained fore period of Syeers from the date of submission of tbe report Such records would be retained et tbe facility for which the report ie submitted and would have to be readily available (or purpose* of inspection. EPA is requesting comment on the appropriate length of the recordkeeping period. IX. Tbe Toxic Chondral Release Inventory Dele Base The Toxic Chemical Release Inventory will provide, for tbe first time, information on toxic chemical releases to all environmental media on a nationwide basis. EPA expects that users of the data base wfiTincluder' ~ Federal. Stale end local agency officials: private citizens: industry: local and national environmental and citizens organizations: workers and labor organizations: educators: researcher* and consultants: private physicians and public health officials: members of tbe legal community; and tbe media. A. Development of a Data Base Section 313(J) requires EPA to establish and maintain in a computerized data base e national toxic chemical release inventory based on the data submitted. (This inventory thould not be confused with tbe inventory of chemical substances developed and maintained under section 8(b| of tbe Toxic Substances Control AcL) Further. EPA is required to make this data base accessible to the public by computer telecommunications and other means on s coal reimbursibls basis. After tbe data base has bean established and tbe data for the first reporting period has been entered. EPA will issue a notice for pubicalion in the Federal Regime* that will instruct potential users regarding access to tbs data base and procedures for use. Also included in this notice will be instructions on how to obtain information from the data base through means other then computer telecommunications. B. Identifying Advene Health and EnvironmentalEffects Information in effad that is unique and that could divulge Its specific identity. For the Data Base - example, if one of the metals has a Sectioa 322(faH2) ofTitle ED fequlras . . unique effect (*g.-kidney toxidty) this - EPA to identify the advene health and effect may have to be generalized to environmental affects associated with a "organ effect" toxic chemical that is trade Q*A requests comment on ways to sacral andassure that aueh information specify adverse effects information in be included inthe.eomputardata base. the data hast in oosmaction with trade The Legislative history associated svtih : secrecy claims.' this provision furtherexplains that the advene affects identifiad should be denibed In general terms so as not to provide a unique identifier of s particular trads saersi chsmicaL EPA has identified several options for meeting this requirement of providing adverse effects information relating to trade secret claims. One option would be to develop a cumulative, worst-case effects characterization for the predefined generic das* of the chemical. For example, a parson using the database determinee that a facility it emitting certain quantities of s chemical claimed trade sacraL The generic class identity available to the parson is "Hydrocarbons." Since inch a chemical EPA has prepared s Regulatory ... Impact Analysis (RiA) in connection with this proposed rule. The RIA assesses tha economic impact of the proposed regulation on the affected industry [manufacturing. SIC codes 20 through 39) and Stale and Federal governments. The following cost results are presented in the analysis document titled "Regulatory Impact Analysis in Support of the Proposed Rulemaking Under Section 313 of the Superfund Amendments and Raauthorizstioo Act of 1988." Four alternatives are considered in the RIA for implementing section 313: as benzene, a known human carcinogen, it included in this gsnaric class then the advene effects characterization would have to indada this affad. Chemicals without this effect would be identified as carcinogens if the chemical identity is dsimed trade secret. One obvious problem with this approach is that it can overstate the advent sited of any particular chemical within a generic data. A second option would be a modified generic identification approach. Rather than the predefined generic classification system proposed tn this rule, companies would be required to develop and submit a generic identity for the chemical EPA would then develop the associated advene health effects description that relates to the general class or category of the chemical For example, a company daime the listed chemical aniline trade secret and gives it a generic identity aa an "aromatic amine." The advene effects would then be based on the advene effects of aromatic amines in general This approach would be a variation on the first option but could provide the data osar with somewhat more specific inhumation. One problem that this option would oaate is that EPA would not be ahie to develop the toxic effects for tha database util the submission is repaired, thus possibly Alternative 1--Facilities report by letter. Alternative D--Facilities must report by use of a form, with minimal . interpretation of the data elements required by'the statute. -- - Alternative m--Facilities report by form, with additional data elements required (proposed form). Alternative IV--Facilities report by form, with elements of Alternative 111 above plus specific source wastestream identification/ characterization required. The papulation of faciiitiee that would be required to submit reports--forms or letters--under section 313 is based on Census data for facilities engaged in manufacturing, a survey of toxic substances use conducted by tbe State of New jersey involving a subset of the substances contained in the list or 329 chemicals covered by section 313. and the Toxic Substances Control Act lnventoiy. Section 313 will require reports from an estimated 32780 facilities. On average. SJO toxic substances will need to be reported per covered facility, resulting in a total of 163.100 reports sach yaar. Estimataa of the coats per facility (based on on average of 4 chemicals and 1 mixtun par facility) far the proposed form in the first year are 312.487 and dslaying tbe data availability. 99.428 in subsequent years of reporting. A third approach would be to attempt Tha higher first year costs are expected to develop individual advene effect profiles that would be substance specific but would mask soy particular due to initial ona-tima costs associated with compliance determination end establishing a methodology for 21166 ` Fad--1 Register / Vol 51 No. 107 / Thursday, Jane 4. 1967 / Proposed Role* estimating emineioQa.Estimalesjhe reported ender section 313. EPA's costs ., Reautborizatime Act of 1888.*JMay. . coat per facility far neb illamalhn are will vary depending apoo its choice of '' 1007). . , ` ' u follows........ . - -datamaaagsaent systems and policies rewritten commentson tha above- . bet era sttiraalsri to range from between refauBcedregulatoyanaljrfk.-. - . ^5T- ST MjO and ttXM million peryaar.Osar a , 10 yaar period, the piuaant,reboot: ts-ii a - - - - na An--.. me m.m BA'a expenses will be SZLOSn $744 . ItJM nm 9JM un mfflioadisooantad at 10 percent. States wmhanwnwwssfi>pwr--8wg- stoiiug. and distributing reports sent to In the first year or reporting, industry)* total compliance costa will range from $427.8 million for Alternative I (letter*) to S48G.1 million for Alternative IV (veraion 3 of the form). Over 10-year projection period, the present value of the coats will range from n.M6 to $2,108.7 million at a discount rale of 10 percent (real). All the regulatory alternative* appear to be somewhat more costly than If QA took no action to issoe a form and regulation implementing section 313. However, the majority of tha overall costs associated with this proposed rule are driven by the statutory provisions. If the letter reporting is taken aa a baseline, the proposed farm represents approximately a 12 percent increase in the overall costs far industry to comply with section 313 requiiamaats-As explained elsewhere in this preamble, EPA has chosen to develop a form and regulation in order to provide for uniform reporting so that a computerized them. Slate coats are estimated at $14 million par yaar. A draft R1A underwent a limited public review and certain comments received have bon incorporated- EPA requests comment on the methodology employed, the unit costs, and the results of ths R1A. Id particular, EPA requests comment oo the following issues: 1. How many toxic chraiicab will be reported by typical facilities overall! 2. How many additional reports aril] be associated with the requirement to report on mixtures and trade name products? 3. What are tha costs of preparing estimates where information required is not readily available? 4. Are the anil cost estimates reasonable far both industry and government? 5. Are these other activities associated with section 313 that should be considered? What coats are associated with tuch activities? data base of high quality and utility can be created end maintained. There ie some variability in the costs of the regulatory options (Alternatives n through IV) based on the quantity and type of information required. The proposed regulatory approach (Alternative III) is somewhat more costly than Alternative IL However. EPA believei that this extra coat is justified by the increased utility of the data that this option provides. The proposed regulatory option etks for iniormetioo that will improve the ability of communities to track the Sow of releases in then' areas, specifically XI. Rulemaking Record The followingdocuments constitute the rulemaking record for this proposed rule (docket control number OFTS400002). All documents, including the index of this record, ere available to the public m the OTS Reading Room from 8 am. to 4 pau Monday through Friday, excluding legal holidays. The OTS Reading Roan is located at EPA Headquarters, Rm. NE-G004.401M SU SW,, Washington. DC 20440. The record includes the following information ' considered by the Agency in developing this proposed rule: &~The3adtaiiIguidiaoB.doenment tttlaS "Gufaande'fcrDetermining Releases and Wests Treatment Efficiency for the Toxic Chemical Release Inventary."__ 0. Written comments received fat connection with the above-referenced guidance document. 10. The support document titled. "Toxic Chemical Release Inventory-- Glossary of Synonyms.". XQ. Regulatory Assessment Requirements A. Executive Order.12391 Under Executive Order 12201. EPA must judge whether e regulation is "major" and therefore requires a regulatory impact analysis. EPA has developed a regulatory impact analysis. This analysis shows that the combinetioo of impacts of the statutory provisions of section313 and the interpret)vs provisions of this proposed regulation may crests s fint year impact ofU7U milling and a second yaar ipipact of S31L8 mlTlkm However, the incremental impact of EPA'i fora as represented in this proposed rule eceounts for only 12 percent of tha total impact As discussed elsewhere in this preamble, facilities trill have to report the information ootlined tit taction 313 by letter if EPA does not publish a uniform reporting fora, in any event EPA has determined that this proposed rule, considered in combination with the mandated provisions of section 313. is "major" because it may b*ve an effect of 3100 million or more on the economy. EPA does not however, anticipate that this proposed rule will have t significant effect on competition, costs, or prices. This proposed regulation was submitted to the Office of Management reporting on the disposition of 1. This proposed rule. and Budget (OMB) for review as substances off-site in-treatment, storage, 2_ Summaries of individual meetings required by Executive Order 12291. and disposal facilities. Use of the data base is also enhanced by the held with representatives of industry, public tartorest groups, and State & Regulatory FlexibilityAct requiremmt fordata on non-primary The proposed rule does not manufacturing SIC codes: parent 3. Transcripts of public mettings held specifically exempt small businesses, companies, and applicability of section January 8 end S. 1987. nor docs tha statute. Itowevtr. the 304 and permits to particslar releases. 4. A summary of moments received statute end this proposed role do Compared to Atlantativa IV. the at the above-referenced public meetings. axsmpt faculties with fewer than 10 faH- proposed optica entails tower costs for industry baceoae it does not require Om,. WVS--IUB ODOBMO*IS-T---V---C---C* fVM-8 1I--S mnnartiimTTlth draft msTsrisli time employeesnr facilities whoseAw!V.lm..ui*ii4n.flllnulllf 1 wasteatmam-spadfic reposting on diatirlbutad iuereview prior to tha above use activities do not meet ceriaht- treatment methods and parent referenced public meetings. volume thresholds- EPA estimates that destruction or conversion of tht toadc A The document titled "Ragabtory Section 311 will require reporting from chemicals. Impact Analysis fa Support of the- approximately 3 percent (8320 of EPA will incur costs to process, check, Propoaed Rulemaking Under Section 313 286.000) of all of tha small store, and make available tha data of the Sapariand Amendments end manufacturing farillHas HCC 69A 92105 Fodaral Register / Vol 52. Na 107 / Thursday, June 4. 1987 / Proposed Rule* 21157 Preliminary analyaii of the impact! of the proposed rale on small entities (included in the R1A as an appendix) Indicates that for some segments of the manufacturing sector the compliance costs may have a significant impact Specifically, the reporting costs are estimated to be ID to U percent of median sales for facilities with 10 to 19 employees in SIC codes 2S (furniture), 27 (printing and publishing), and 30 (rubber and miscellaneous plastics). The number of facilities affected is estimated to be 035, which repreaants dZ percent of all manufacturing facilities with less than 50 employees. The number of small businesses affected is not known but would be fewer than 035. Although this represents s very email percantaga of all email facilities, the absolute numbers of facilities affected is of concern. Moreover, given the uncertainties in the data upon which the RIA is based, other reporting requirements of SARA Title HI that may affect the seme facilities, and concerns raised by the Small Business Administration. EPA believes that It ia prudent public policy to assume that the requirements of the Regulatory Flexibility Act (Pub. 1_ 90-354) have been triggered. The R1A and appendix on email facility impacts serves as the Initial Regulatory Flexibility Analysis required by the Regulatory Flexibility Act H>A intend! to revise this analysis prior to promulgation of the final rule. EPA requests comment on the methodology employed in the analysis, the breakdown of facility sixes, and the results of the analysis. EPA is especially interested in receiving comments from mail entities in SIC codes 25.27. and 30 and from members of the public who might be affected by releases from small entities. In particular, EPA requests comment on the following issuer 1. Are there data to support exemptions to the proposed rule on the basis of facility sixe (number of employees, sales, production volume). SIC code, or quantity of release. 2. Which questions on the proposed form are particularly bardsnsome? 3. What kind of guidance could EPA provide to reduce the burden to small entities? C. Paperwork Reduction Act OMB has reviewed the information collection requirements contained is this proposed rule under the provisions of the Paperwork Reduction Act of I960.44 U.S.C. 3501 et teq. Submit comments on these requirements to The Office of Information end Regulatory Affaire: OMB: 728 Jackson Place. NW. Washington. DC 20503 marked "Attention Desk Officer for EPA." The Final Rule will respond to any "Article" means a manufactured Item OMB or public comments on the which is formed to a specific shape or information collection requirements. design during mannfacture. which has List of Subjects in 40 CFR Part 172 sod use fanction(s) dependent In-whole - or in part upon Its shape or design Environmental protection. Reporting during end use. and which has either no and recordkeeping requirements. Toxic change in chemical composition during chemicals. : Its and use or only those changes of Dated: May 27.1997. Las M. Thomas. . Administrator. Therefore, it is proposed that Chapter I of40 CFR be amended by adding a new Part 372 to read aa follows: composition which have no commercial purpose separata bom that of the article, mod that mult from a chemical reaction that occurs upon end uaa of other chemical substances, mixtures, or articles; except thatfluid* and particles are not considered articles regardless of PART 373--TOXIC CHEMICAL RELEASE REPORTING; COMMUNITY RIGHT-TO-KMOW shepe or design. "Customs territory of the United States' means the 30 States, the District of Columbia, and Puerto Rico. Subpoft ProvttOfW "EPA" means the United Stales Sc. 372.1 Scope and purpose. 37X3 Definitions. 37X3 Psnnri who must report 17X10 Covered UcUiUaa. Environmental Protection Agency. "Facility" meant all buildings, equipment, structures, and other stationary items which are located on a tingle site or on contiguous or adjacent 37X12 Thresholds for reporting. sites and which are owned or operated 37X13 Reporting requirements and schedule for reporting. 37X10 Racordkaepiag. 37X19 rAMpJwmm 4nJbrasn#fiL by the earn pereoo (or by any person which controls, is controlled by or under cnmiium COntTOi With. SUCfa PCTSOn). "Import"means to import a chemical tubpnrta (Rsnsrvsdl substance into tbs customs territory of . Tuhpert C--SpecMc Toxic Chanted t taring* 37X42 Generic rlsssifiratinn of listed chemicals and chemical categories far perposss of trade secrecy duns. 37X43 Chemicals aodcheoScal categories to which this part applies. Subpart D--Reporting Forms and trietrisetiorie 37XS3 Toxic chmoical release reporting ' forms end mstxucttoos. Autbority: Pub. L. SS-49U. the United States. "Manufacture" means to produce, prepare, import, or compound a toxic chemical. Manufacture abo appliea to substances that are produced coincidentally during tfaa manufacture, processing, use. or disposal of another substance or mixture, inducting byproducts and coproducts that are separated from that othersubstance or mixture, and imparities that remain in that substance or mixture.. "Otherwise use" or "otherwise uaed" Subpart A--General Provisions means any use of toxic chemical that is not covered by the term* (372.1 Scope and piapoaa. "manufacture" or "process" tad This part sets forth requirements for the submission of information relating to the release of toxic chemicals under section 313 of Title IQ of the Superfund Amendments end Reauthorization Act of 1988. The information collected under this pert is intended to Inform the general public and the communities surrounding covered facilities about releases of toxic chemicals, to assist research, to aid ia the development of regulations, guidelines, and standards, and fur other purposes. includes use of toxic chemical contained in a mixture or trade name product. "Process" nutans the preparation of a toxic chemical, after its manufacture, for distribution in commerce-- (1) in the same form or physical state as, or in a different form or physical state from, that in which it seat received by the person eo preparing such substance, or (2) Aa part of aa article containing the toxic dumicaL (37X3 PelWona. Process also applies to the processing of a toxic chemical contained in a mixture Terms definad in tactions 313(b)(1)(c) . or trade name product. and 329 ofTitle m and not explicitly "Release" means any spilling, leaking, definad herein are used with the - pumping. pouring, emitting. emptying, meaning given in Title DL For the discharging/injecting. escaping, purpose of this part leaching, dumping, or disposing into the "Act" means Title HL environment (Including the HCC 69A 92106 23.168 --. --Federal-Register/-Vol 52. No. 107 / Thursday? fane 4; 1987"/ Proposed Rnlet abandonment ordiscarding ofbexreia. containers; and other dcssd - -. raceptadeslcf anytoxic chemicaL - r. Title nrataaiw Tlllafflottba.T - . Superfund Amendment* and v- , Raaslhorizathm Act of 1988; aiao tidied. the Emergency Hanning end Community Right-To-Know-Act of U68. - ' "Toxic chemical"mean* a chemical or chemical category Haled in { 37245. poundsof the chamieal fartbe applicable rslssdsryserr f 37Etf. MapmGig isnahsaisnta id arfuduteMrtspertmg..; A person subject tvthis Part mast submit to EPA and to the Slate in srhich tha covered facility ia located a completed EPA Form R (EPA Form 774020) for each toxic chemical manufactured (including imparled), i 17U Paraone ate aaiat (apart. Owner* and operator* of covered facilities described fat f 372.10 are subject to the requirements of this pan If the owner and operator of a covered facility are different persona, only one need report for each toxic chemical required to be reported under this pen However. If no report is submitted. EPA will bold both the owner and the operator liable under section 325(c) of Title Hi. 1372.10 Covered tacUMa*. A facility that meets all of the following criteria for a calendar year is a covered facility lor thatcalender sear. (a) Tha facility has 10 ormore full time employees. fb) This facility ia la Standard ' Industrial Classification Codes 20 through IS as in affect on January 1. 1967. (c) The facility manufactured, (including imparted), processed, or otherwise used a.toxic chemical inexcess of an applicable.threshold quantity of that chemical sat forth in. {372E2.,/. {372.12 Thresholds Mr raporUnfl. ' processed, or otherwise used in excess of an applicable threshold quantity ia { 37232 for a caimtdar year.A report mast be submittad for releases of the toxic chemical that occurred during that calendar yaar at that iadlily on or before )uiy 1 of tha next year. The first such report for calendar year 1987 must be submitted on or before July 1.1986. {372.16 Rseordhsephtp. (s) Each person subject to the reporting requirements of this Put must retain the following records for a period of 5 years following lb* anbmisaioo of a report (1) A copy of tha report submitted by the person in response to the requirements of ibis Part. (2) All supputting materials and documentation used by the panan to complete each report. fb) Records retained under this section most be retained at the facility to which the report applies. Such record* must be readily available for purposes of inspection by EPA (c) If the facility doses permanently, the records retained tmderthis section must be transfered to and retained by the owner or operator of the fadlity. If there is no separate owner or operator The threshold smounts for purposes of then such records must be sent to EPA reporting under this Part lor toxic chemicals are as follows (a) With respect to a toxic chemical manufactured (including imported) or processed"ats facilityduring the following calendar years } J72.1l Compasoce end entoeesreent Violators of the requirements of this part are subject to the civil and administrative penalties as provided in section 325(c) of Title QL 1967--73.000 pound* of the dtamieal lor lha yaar. 196* 50000 pounds of tha rhfiral tor tha y*r. ISM and thereafter--23j000 poauds of tbe chemical tor theyear. - ' (b) With respect to a chemical otherwise used at a facility. 11X000 Subpart B--(Reserved) 'Subpart C--Specific Toxic Chemical Listing* {37X42 Genericc1***tWr*ltnnet6st*d rt--m*~`------1 -*"--* *~~ purpose* e< bads sscrecy rtatwe Tbe following generic classification names asd.codes.veto bsused,when tbe identity nfraxhemiral orchemical categoryHated in f 37245nUhispartts claimed e trada secret?AITtHamical*' ~ and cbcoichfcstegaries1QUidblaM~' 137245^iWeheen`~**1g~4 fr"*^***-* filled Generic Claaiificatfan'Cdde.* The generic classification names and codes are fistad in the following Table 1: Table 1.--Cmesocal CLA3StfK>Txxs ano Categories The reporting requirements of this Part apply to the following chemicals and chemical categories. This section contains three listings. Paragraph (a) of this section is an alphabetical order listing of those chemicals that have an associated Chemical Abstract* Service (CAS) Registry numbers Paragraph fb) of this section contains a CAS number order list of tbe same chemical* listed in paragraph (e) of this section. Paragraph (c) of this section contains.the chemical categories for which reporting is required.These chemical categories are listed in alphabetical order. (a) Alphabetical Hating. OMfcMMfl* CAS No. Gmmkr cods 2 AcewtsmlnoBunane - -- .......- ... .. 7M7-0 60-35-6 67-64-1 7S-0S-6 -- S3 3 C07 01/01/67 on 007 Cfl CIO 01/01/67 01/01/67 01/01/67 01/01/87 ) HOC 69A 92107 FadenJ Repater / Vd 52. No. 107 / Thureday. June 11S67 / Proposed Rale* &1S8 Qitneeim CAS Ha nilin<i Amiontfi* Atd(1ara*lplthva4jAJ-aOflihmaaMan.hoanlaae*Marlpiahlam.t^all4rh.1a0S.1a(MhaM.gJu.1eMare-1.4.4c. SJJhMwahydro- JUy r#*vi4 aa ~ a Aelhfrene flMnlrtlMrt* rWwy'rtUwide Rip(7^hln<nalhyn afhar Q -fc.>av nwiwnlw (TifemnaMthiMt t 1 fliiWdane _fta^w< iWihlM MTAftni .. CJ. Baec Green 4 P 1 Iber Art 1 C J. Feo4 cwf C1 FoM ** n QrAuwi Yalow a r 1 r, 1 iK VeMw.i u r i wai a rwai HH-HonW 1,3(2H>-dione.3t.4.7.7a-Hatiydre-2- mncMororamKOIticl-l---------- CMeonOaa (Banmc ead. 5-amno-23-<*cJiloro-)------------------------------------------------------J 107-624 7646-1 76-10-7 107-13-1 3Q640-2 107-OS-t 742640-5 1344-26-1 117-79-3 92-67-1 7664-41-7 6464-524 7763-20-2 62-53-3 90-04-0 104-94-9 134-23-2 120-12-7 7440-36-0 7440-3A-2 1332-21-4 492-60-8 7440-39-3 96-67-3 55-21-0 71-0-2 92-67-5 96-07-7 96 66 4 94 36 0 100--44-7 7440-41-7 92-52-4 111-44-4 542-68-1 toe-60-1 103-23-1 75-25-2 74-63-9 106-99-0 71-36-3 76-92-2 75-65-0 85-66-7 106-86-7 123-72-6 2650-16-2 3644-45-9 4660-76-8 989-36-6 2932-40-6 3751-53-3 61-88-9 3116-97-6 97-56-3 842-07-6 128-66-5 7440-43-9 156-62-7 133-06-2 63-25-2 75-15-0 S6-23-5 463-56-1 t2D-40-9 133-90-4 l Gananc coda Effectwe date COT COB rn* Ctt 003 003 cia Cl5 CO CIO CIO 06 06 06 00 CIO CIO CTO cot CIS 05 06 00 CIS 002 COO cm oo CQ2 COO coo C02 05 cot C06 C06 COB CM C02 C02 C01 C08 COS COS cos CM C06 C07 1 03 03 03 CIO CIO 04 C14 CIO 04 04 04 007 CT5 C11 C73 CM C13 C02 03 COS C11 m/Bi/*? tn/tnrwrf 01/01/87 01/01/97 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/97 01/01/97 01/01/97 01/01/97 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/97 01/01/87 01/01/87 01/01/87 01/01/87 01/0t/B7 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 61701/57 01/01/87 01/01/87 01/01/97 01/01/97 HCC 69A 92108 21170 Federal Remitter / Vol 52. No. 107./ Thursday, June 4.' 1087 / Proposed Role* 1 1 II - - -Ihyl r*+t*R Dolaie (CwtafnoMoc add. te(1 nntii>afti>l). S-CL3- dcMoro-O-prapsnyQ mtml 1 UVhtunhawaw *-*-*--- - - .. -- -- j^XkuiA\ 2.4-C*nteo>o4un --.................... 7782-50*6 -10040-04-4 70-11-8 532-27-4 100-00-7 610-15-6 75-00-9 67-86-0 74-67-3 107-30-2 126-09-6 1807-45-6 7440-47-3 7440 48 4 7440-60-8 120-71-6 1310-77-3 106-30*4 05-46-7 106-44-5 06-62-8 60-15-6 135-20-6 67-12-6 110-82-7 '04-75-7 1163-10-5 2303-16-4 615-05-4 30156-41-7 101-60-4 25376-45-6 95-80-7 334-66-3 132-66-9 9G-12-6 106-03-4 64-74-2 25321-22-6 05-50-1 541-73-1 106-46-7 01-04-1 75-27-4 107-06-2 540-59-0 75-09-2 120-63-2 76-87-5 642-75-6 62-73-7 115-62-2 4464-63-5 111-42-2 117-81-7 64 66 2 64-67-5 119-90-4 60-11-7 11943-7 . .79-44-7 57-14-7 - 106-67-9 131-11-3 77-76-1 634-63-1 51-26-5 --1 121-14-2 " 003 01/01/97 "01/01/87 CTO -~r-01/01/87 CTtf - Ot/01/87 006 ' 01/01/67 C07 01/01/87 004 01/01/87 coe C02 C02 C02 006 CQ3 C09 C15 CIS Cl5 006 COS 005 005 005 CU 005 Cl2 CIS 001 006 004 C13 CIO CIO CIO CIO CIO Oil 006 002 C02 006 C04 004 004 004 CIO 002 coe C03 002 C04 002 C03 Cl3 C04 006 CIO 006 006 CIS CIO CIO CIO cot C11 006 coa C13 C12 C12 C12 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/87 O1/01/B7 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 - ,01/01/67 101/01/67 01/01/87 01/01/67 01/01/87 01/01/87 01/01787 - -.01/01/67 01/01/67 HCC 69A 92109 Fwfaal KsgisUr / Vol 5Z Ntx TCP / Thurdiy. ]wie 4.1987 f ftppoted Rates 21171 Chanackl nm C*S No. - !UMakn 1 Lnmrw Hiram ft PeammMmHfitm llr*rWiii Cl.<.5.a.7.M-HptacHorB-3.4.7.7mtnhy4.7- wwwie-ll Mnaent]______ 1-- L_M Un*n {mlg t?*? ptiw--rt [Cydotexar*. 123.4.**nxMCbcn-.{y >.? itpha^ 1MB. ----9 Marhf )>--tiBfinl ll^i<fiiiil(phT.ytif4?"ypfta^j (URn k^rvM MM-- 4'-fWraanharw< -- -....... --.......-- IHL9IL 1T7-846 tf3767-7 2602466 t6O7t-60-6 toe 60 6 ttO-60-5 14060-5 too-n-4 $41-416 7t fB t W-ST-T r^-et-e 00-46-7 2t64-t7-2 76-44-8 m-74-i 67-68-3 77-47-4 67-72-T 1335-67-1 tewt- 302-01-2 10094-63-2 764-01-07 74-60-6 7664-36-3 123-31-6 76-64-2 67-63-0 60-05-7 7436-62-t 56-86-1 106-31-6 12427-36-2 7436-66-5 106-76-1 7436-67-6 67-56-1 72-43-5 106-66-4 66-33-3 1Q34-Q4-4 101-14-4 101-61-1 101-66-6 74-65-3 101-77-6 76-63-3 60-34-4 74-66-4 106-10-1 624-65-6 60-62-6 60-04-6 1013-27-5 905-60-2 61-20-3 104-32-7 61-906 7440-026 7667-376 T30-106 0-56-2 66-656 62-63-3 Ganartc cod# EflacSva dal* Cl2 CDS' 08 CTt ' CT4 Ct4 CT4 006 COS 006 001 cot cot cos C11 coo CTO cot 007 003 oat C03 CB3 CQ2 004 CT3 Cti ctl C16 CIO CTO 007 007 COS COS CTS C02 COO CTO CIS CTO CTS 005 003 006 coe coo CIO CTO CTI C02 CTO 007 CTI C02 CD7 CTT cot G07 CTS CTS COT CTO CIO CTS CTS COB CTS CT2 CTS ormnr oi/w/sr 0T/CT/S7 0T/91/S7 0T/C1/B7 0T/OT/S7 OI/Ct/87 OT/OT/87 01/0T/B7 OTATT707 01/01/87 01 ATI 707 OT/OI/87 0TAT1/B7 01/0T/K7 OTATT787 OTATT/87 OTAn/87 01 ATT/87 OT/OT/87 01/01/67 01/01/87 0T/01/87 01/01/07 01/01/07 01/0T/87 01/01/87 OT/OI/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 O1/Ot/B7 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 OT/OI/87 01/01/87 01/01/87 01AT1/87 OT/OT/87 Ol/OT/87 OT/OI/87 OV01/S7 OV01/S7 OT/OI/87 01/01/87 01/01/87 01/01/87 HCC 69A 92110 21172 Fxfafl Regater / Vol 52 No. 107 / Thursday. )un* 4. 1987 / Proposed :RuIei -Ch.wrilrm.. >aw4an fBww. ijan^a.M.^-1 . Mtopysn mawt 12-CMoro-N g cMciui4H|4) Kana/nylaOiananantl pMMOdpliairMntA(AIQnMi)fenin____ VHtnosodn tlUyis/lnn MMWortniaWiylOTan W6tmaortp/^i1naia -- VWItrofyt n propylMnma M-MttrpWMiatpnoina AW>woW>i|i>m_ MKmo4*flatfiyfcma. MUbesonomiaaiins__ MMMaapvokfM___ Ocuc/4oonaphlh0na Oanun PnMai [PnaphorMhio'e aad. 0.0-<Sath l-044-nitroctMnyt)attari PanucHorcpnanol (PCP)____________________________________ PSIffiliC *--1 RlM( ft Pn.iyanarlimin g-Pha^aian*l Korieacid_ *D|--P-O---*-m---*-N-* D--ffcl- W- - p- - |pRAwMt.kf Propana --a* ^wpwii*(*,*y** Pioponr [Phmol, 2-(l' malh)4a<tx)y)-.ma1>'ytct>amiia] Propylanaodda. o---- -- ......- -- Ountozera [Banzana. panucMoronfto-)________________________ Saodom (manuteaumg) [1.2 nnrlinfTi'/-3[2H)-ona.l,l-dcnd] fllWHI TamcMovavtio. [Pliuaphonc. aad, 2-d4oD-1-<2.4.5-inc>ilorop/anyl)alhanyl dmathyl CAS Na OwSSte BWM4M 1836-75-6 .cis . - 01701/87 . 61-75-2 . CIO i - 01/01/87 . .J5S-63-0 ....... CU . 01/01/67 N-7S4 . : Cl*. . -- 01/01/87 . . 100-02-7 C12 01/01/87 . 78-46-8 156-10-6 C12 01/01/87 C12 01/01/87 121-66-7 CIO 01/01/87 624-16-3 C12 01/01/87 SS-16-6 C12 01/01/87 62-75-0 C12 01/01/67 06-30-6 Cl2 01/01/67 621-64-7 C12 01/01/67 4548-10-0 C12 01/01/67 69-69~2 . Cl2 01/01/67 756-73-8 C12 01/01/67 664-83-5 C12 01/01/67 16543-55-8 C12 01/01/87 100-75-4 C12 01/01/67 2234-13-1 C04 01/01/67 20816-12-0 Cl5 01/01/67 56-38-2 C13 01/01/67 87-86-6 C04 01/01/67 76-21-0 COO 01/01/67 106-05-2 006- 01/01/87 106-50-3 CIO 01/01/87 90-43-7 . COS 01/01/87 75-44-5 COO 01/01/87 7854-36-2 C18 01/01/87 7723-14-0 65-44-8 86-66-1 CIS 01/01/67 coo 01/01/87 coo 01/01/87 1336-36-3 C04 01/01/87 1120-71-4 C13 01/01/87 57-57-6 008 01/01/87 123-38-6 007 01/01/87 114-26-1 009 - 01/01/87 115-07-1 001 01/01/67 75-55-8 Oil 01/01/87 75-56-8 -006 . 01/01/67 110-66-1 Oil 01/01/87 81-22-5 Oil 01/01/67 106-61-4 C07 01/01/67 82-68-8 C12 01/01/87 81-07-2 008 01/01/87 84-58-7 C06 01/01/87 7782-48-2 C16 01/01/87 7440-22-4 CIS 01/01/67 1310-73-2 C16 .01/01/67 7757-62-6 C16 - 01/01/67 100-42-6 C01 01/01/87 86-08-3 006 01/01/87 7664-66-0 C18 01/01/87 100-21-0 COS 01/01/67 78-34-5 002 01/01/67 127-10-4 003 ... 01/01/67 861-11-6 7440-26-0 62-55-5 138-65-1 62-66-6 1314-20-1 13463-67-7 7550-46-0 106-86-3 64 4 "O6F 81-06-7 05-63-4 638-21-6 8001-35-2 C13 01/01/67 CIS 01/01/67 C13 01/01/67* CIS 01/01/67 CIS 01/01/87 CIS 01/01/87 C15 ... 01/01/87 as ' "01/01/87 ~ 001 01/01/87 C11 01/01/87 at 01/01/87 CIO 01/01/87 ao 01/01/87 CQ2 01/01/87 HCC 69A 92111 Fxknl Register / Vol 52. No. 107 / Thursday. )bm~4. 1887 / Propped Rule* 2117* OmolMM Tteiquena t2Qrck*w>adtana-t,4-dtona.2aS-<riN1.nr**ny<H___ TricNorien CPheaphorie aad. (2jU*Met*a1*ftydratyaf^.dkMttiyl 1.1.1-TrieNaroamna (Maiyl cNorotomi)________:___________ --------------------:----------------------------__________________ Trirftjnrwy..i. ' ' - ............ -- -........ * 6-TlrJ*<phannl - ------ -- -- ........... ~ ....... .......... - - -____ TiMmfti tBmmmni. 2.6-drt*X>N.N-*propyl 4 (MftjotpmagiyOO 19 Trtaff XwoinopropyC) nt*pht Ura*na mtnrnala)_____________________________________ Vanadum amnii) Vinyl aoataa________________ ' U-y Vinyl cMonda_____' WviAdann Xylana rnnad oman) . m-Xylana______ _______________________________________________ o-Xylana_____________________________________________________ p-XyIona___________________________________________ __________ 2.6-XyWma___________________________________________________ Zjnc (luma nr ami . Zinnb (Cartninoddhnc aod. 1.2-adianadnAtoia*. me compnxi______ CAS No. - 66-76-6 52-68-6 t20-82-1 7J-5M 79-00-5 79-01-6 iiint nnr *i IMM 15U-094 95-83-6 126-72-7 SI-76-6 7*40-62-2 ioe-05-^ 563-60-2 75-01-4 75-35*4 1330-20-7 106-36-3 95-17-6 106-42-3 67-62-7 7440-66-6 12122-67-7 Gtrarte oodi EHactfvadala * C11 C1J CM . CC2 C02 COS C04 CM C12 cot Cl3 006 C15 COS cos cos cos C01 C01 C01 C01 CIO C15 CIS 01/01/67 01/01/17 01/01/67 01/01/67 01/01/67 01/01/87 01/01/B7 01/01/87 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/67 01/01/67 M/01/87 01/01/87 01/01/67 01/01/67 01/01/67 01/01/57 01/01/67 01/01/67 fb) CAS Number listing. CAS No. ChanacalJiafna GMNftC dnstaton COO* so-oo-o 51-26 S S1-7S-2 SI-70-6 52-66-6 S3 06 3 55-16-4 54-21-0 55-63-0 56-23-5 56-34-2 57-12-5 57-14-7 57-57-6 r' 57-74-0 jj 0 50-60-2 60-00-3 60*11-7 60-34-4 60*35-5 62-53-3 62-54-5 62-54-6 62-75-6 63-25-2 64-67-5 67-56-1 67-63-0 67-66-3 87-72-1 66-76-6 71-36-3 71-43-2 C07 C12 CIO C09 C13 CIO C12 009 Cl2 ParaMan IPhnapHraMtUnir n, n^kamyt arlt'1 ...... ....... CP? C13 Cl 6 C11 COS CM lindana - tCydol--ana 1 JL3.44.S-natacniaro-^1.aipna^. C02 alpha_3M6.46lpha-S069ia.66ala-)-]. Cl2 CIO CIO C11 coo CIO C13 CIS C13 ^a ** j - --- 1--* C12 COO CIS cos ^^0 aH>|j pauu| cos C07 002 CQ2 C11 005 Daraana------------------------------------------------------------------------------------------------------------ C01 Eflactw* data 01/01/87 01/01/87 01/01/87 01/01/B7 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/07 01/01/07 01/01/67 01/01/07 01/01/67 01/01/67 01/01/67 01/01/07 01/01/07 01/01/67 Ot/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/07 01/01/87 01/01/67 01/01/87 01/01/87 01/01/67 HCC 69A 92112 21171 Pod--1 lopotor f Vol 52 Wo. 107 / TkiinAzy, ftme (. 1887 / Propotd Rale* ' CAS No. . . . -.... Chamiai mm 71-65-0 72-0-6 IMhnqirNnr fp--n. I.ffli, f` "tr--l'T - . 74-83-0 74-05-1 74-07-3 CWnmffithmna.Ilimiil rtimMal 74-80-4 In i-grlm 74-00-0 74-05-3 7S-00-3 75-01-4 WnU tNmla T5-05-6 AMMMa 75-07-0 75-00-2 75-15-0 75-21-6 75-25-2 75-27-4 75-35--4 m - 4k -k ^ i. jj , 75-44-5 75-55-0 7S-56-6 75-55-0 76-0-1 ymralarf fcmmrjrtinn (Fimi HSf rFlhina 1,1 14rNnm.l 5,J 76 44 8 77-47-4 77-78-1 70-04-2 tsotoutyrald**-- 70-67-5 70-02-2 aa&AiMl mlmM 78-63-3 Itilhll 4*^4 Ir^rtwo 79-00-5 79-01-6 Ti ilili .I ii 79-06-1 79-10-7 Aeniftnariri 79-11-6 79-21-0 70-34-5 1.1 79-44-7 79-46'9 60-09-7 4 4* lannifNi4iHMwo4rMHri 80-19-6 90-62-6 61-07-2 61-68-6 MatHy< AMwnylifti Sacrftann (nmArtifnl [ C. 1 Fmrf RaH 14 am 1 iwfrmtal 62-26-0 1 Amrri 7 nxTTi44i4Twwii* 62-69-0 84-66-2 84-74-2 Disutyf fiMhalate 05 44 8 - **85-68-7 66-30-6 07-62-7 67-68-3 67-86-5 68-06-2 88-79-5 65491 90-04-0 0-43-7 90-94-0 UidWi katana 91-06-7 TMmmaJ 4 61-20-3 1-22-5 91-86-0 * -- Hopnta|ii i t 61-64-1 82-82-4 --^-* * 92-67-1 82-67-6 82-89-3 64 36-0 -- --. ~ 4 4Na^Ukk_>4 ----- ^ - |------ * - 04-60-7 F*--* Gontrte ado CM GH 002 * 002 C16 C02 003 Cii C07 C02 rM3 006 C02 CQ2 C03 CDQ C11 C06 005 Cl3 C07 002 cos C07 Cn? C03 C09 C06 000 006 CQ2 009 Cl2 cw C05 000 cos CIO CIO C12 000 COS C06 coe C12 CIO Cm C04 C04 * Cl 2 C06 CIO COS C07 CII C01 Cii CIO CIO C01 CIO CIO CT2 006 ------ .------- coe Btad-- <* oi/ot/*7 ... OWUB 01701/87 01/01/87 01/01/87 0t/0t/BT 01/01/87 01/01/97 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/Qt/8? 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/07 01/01/87 01/01/87 01/01/07 01/01/87 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/07 01/01/67 01/01/87 01/01/87 01/01/07 01/01/07 01/01/87 01/01/07 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 _ 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/S7 HOC 69A 92113 Federal Rnfrtor / Vol S2. No. 107 / Thnradey. lun 4. 1887 / Proposed Role* 21175 CAS No. CftMiCfli aim GtMrie code .. EBedh--due #4-75-7 BS-47-6 #5-45-7 95-50-1 BS-534 #5-65-6 #5-60-7 fr? flfj 1 96-09-3 96-12-9 96-33-3 96-45-7 97-56-3 96-07-7 96-62-6 96-67-3 ^A 88-95-3 95-59-2 100-02-7 100-21-0 10041-4 100-42-5 10044-7 100-76-4 101-14-4 101-61-1 101-68-6 101-77-9 101-60-4 103-23-1 104-94-9 1OS-67-9 106-42-3 106 44 6 106-46-7 106-50-3 106-51-4 106-66-7 ' 106-69-6 106-93-4 106-99-0 107-02-6 107-05-1 107-06-2 107-13-1 107-21-1 107-30-2 106-05-4 106-10-1 106-31-6 106-36-3 106-39-4 106-60-1 -106-76-1 106-66-3 106-90-7 106-95-2 109-66-4 110-60-5 110-62-7 110-66-1 111-42-2 111044 114-26-1 -115-07-1 nXvtana atTM-- ' 3 4-Trtmaln*iTT.r............... 2-4-Oafnranluana roi rr>c rru cto 0D1 CIO f>ww mta 1-*-0*mntt-5A*o<Tipn)paia (HtTP) UMMlinyMa FHMana Muni USoMValn.1 Cmiana. Aaiwal rHmOm naran^ rMmle Miimbfmim u--WMinh TaraohmMr mr*4 FlMhaRiM Sarana rrM 002 COO C13 C14 C02 cot C02 COO Cl 2 C12 C12 C06 C01 C01 C02 4.4-Mam)Hnat.|2-cnioroanena) (MBOCA) CIO I>alftl4an.inrpha>^aan gyawala> Ml) 4 4- llath)4anaiaaaiii. 4 4 -Ckammanhania a--ar nad-amy-aiy*) ariipali ,n Unntini ,o-*ytam CIO C11 . CIO CIO COO CIO COS C01 rkmnM cos C04 no C07 C06 l^-Okaonoaeiana (E9>ytana dfcronada) t 1Jl.#rf>A6 AByltMnfM* " '" C06 002 C01 CD7 Cm 1.2-OicNofortana (Ethylana dattoridt) C02 r aa. d m a a - * - 1 C11 C05 Uraity fcratm* Uralnir* fr+yrt"** 006 C06 C07 C06 C01 COS B^2<f9aRM*<iwth)4cthyf) ------------------------------------------------------------------ C06 CIO C01 C04 cos C06 COS C01 C1J Propaar CPhancA 241 matir*adX)Ky) .madiylcartiamata)------------------------------------------------------------- CIO C06 COS C01 nru ............. 117-79-3 117-61-7 117-64-0 119-74-1 Oi(2--eiydmyO pTtfTtalafta (DEHP)----------------------------------------------------------------------------------------------------- IWncMorooargana ----------------------------------------------------------------------------------------------------------- CIO cos 006 C04 - :Ot/Ot/87 01/01787 - oi/m/ii7 m/Ol/A7 01/01/A7 01/01/67 m/01/47 01/01/67 01/01/87 01/01/47 01/01/67 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/87 01/01/67 01/01/47 . 01/01/87 01/01/87 01/01/67 01/01 /47 01/01/67 . 01/01/87 01/01/87 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/B? 01/01/87 01/01/67 01/01/67 . 01/01/87 01/01/67 01/01/67 01/01/67 01/01/67 01/01/67 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/91/87 01/01/67 01701/87 -oi/m /i7 01/01/67 01/01/87 01/01/67 01/01/67 HCC 69A 92114 211/8 F--Ural tapster / Vol 52, No. 107 / Thnrdy. Jane 4.1387 / Proposed Rule* cmsnsl: _____- - XX 119-00^4 119-69-7 120-12-7 120-71- 12D-60-9 120-82-1 120-60-2 121-14-2 121*60-7 MMOimaOvtanBna 122-66-7 123-31-0 123-36-6 123-72-6 123-61-1 1 4nmM 126-72-7 126 60-6 127-16-4 126-66-5 r. 1 V*l YaBfwm A 131-11-3 132-64-0 plugin Chanied naraa ....................................... G<lf*rie . . 4 coda- ri cor * C06-------* fl05 * CCM CD4 C12 CIO GJ7 C07 C07 C06 CT3 C03 cm 007 006 133-90--< ffWjwir meiti 1 awm 3 C4rtHww>.l 011 134-29-2 CIO 134-32-7 CIO 135-20-6 C12 136-13-0 139-66-1 ir.n^pfa. 140-06-5 PNiytM^ 006 013 C06 141-32-2 ""i- --1*f---- 151-66-4 Elny*n*min(Azkidv> 1S6-f0-6 006 Ctl eta 156-62-7 Oil 302-01-2 Oil 309-00-2 Aldiint1.4AB-Dtni-->HBMphain. 1.2J,4.10.10'AdoiT>-1.4.4ajA8a4Mvdro- 003 (1 limU >l,4< hot ,15 Mpln UpAOl 334-66-3 rtennMlhaM C11 463-56-1 013 492-60-6 Ainmina Ulmnnin 4 dV*n(r<lnrfciIttJ M. CIO 505-60-2 Uuomi p. f&tmrn 1 VJNnfata rs^Mnnwl CT3 610-15-6 Chtonfmlala.- (BanazanaaoMc add. 4*t*m-k&m.-i*<htan(*mirQ-MptmJ^dnKr-. 008 Bud aatarl_.. . .... -..............- 632-27-4 534-62-1 45QM>wwMa4 007 012 540 50-0 on 5*1-41-3 CNhJ 541-73.1 006 004 542-75-6 542-06-1 006 560-64-2 g** CIO C11 533 fH-g 003 605-20-2 012 615-05-4 CIO 571-fH-7 012 624-63-0 Oil 636-21-5 JBVLJrt-0 CIO 013 012 012 I4M74 CX Sofcart Ya8a M C14 824-10-3 C12 86W11-6 TaBacMenrinotaB tPliuddnia aitl. 2-cNo>1-<2.4>4rtcNorepinO aOnjl dkaaBud mm} . Ct3 Off! 11 0 CIO 1120-71-4 C13 1310-72-2 1313-27-6 1314-20-1 1310-77-3 t3-7i-4 CIS CIS CIS COS GDI Aabaaioa IMaUal---------------------------------------------------------------------------------------------------- CIS Eflaeftwdat* 51/At/trr 01/01/87 oi/qi/st 01/01/67 oi/fti/a? 01/01/67 01/01/67 01/01/B7 01/01/67 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/67 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/87 Ot/Qt/87 Ot/Ot/67 01/01/67 *01/01/67 01/01/67 01/01/87 01/01/87 01/01/67 01/01/87 01/01/67 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87" 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 HCC 69A 92115 Ttimni Regfrtar / Vo) 5Z No. 107 / Thufdiy, jane 4, I9B7 / Proposed Roles 21177 CAS No. Chamiaf nm 1335-47-1 1336-36-3 1344-20-1 1464-53-5 1562-09-6 1634-04-4 1636-75-5 1B0145-6 1037-37-7 2164-17-2 2234-13-1 2303-16-4 2602-46-2 2650-18-2 2832-40-6 3116-97-6 3761-53-3 3644 45-9 4540-40-0 4680-78-6 6464 52-2 7429-00-5 7430-62-1 7430-06-5 7430-97-6 7440-02-0 7440-22-4 7440-26-0 7440-36-0 7440-36-2 7440-30-3 7440-41.7 7440-43-9 7440-47-3 7440 46 4 7440-50-6 7440-62-2 7440-66-6 7550-45-0 7647-01-0 7664 36 2 7664-30-3 7664-41-7 7664-63-0 7697-37-2 7723-14-0 7757-62-6 7782-49-2 7782-50-5 7783-20-2 6001-35-2 10034-93-2 10040 04 4 12122-67-7 12427-30-2 13463-67-7 16071-66-6 fPTA*) fAffirm 9 i^4'lirn>.144^iw*iaiiWiyL1 Orarf Rlacfc.311 nrtarM^mnanMh^ana riMlala [CMtanrthBr pmj, rwt *km fi 1 wafWy*5{2> c i rwp^o vaiM a c.i t ' I mm* Mrial ' 20616-12-0 25321-22-6 25376-45-6 --*1 Gn*nc duiftaon cod* CD4 CD4 Cl 5 CM C12 CD6 C15 cno Cl4 mo C04 C13 Cl4 C13 C14 C14 Cl 4 Cl 3 C12 Cl 3 C16 Cl 5 Cl5 015 CIS CIS Cl 5 CIS C15 Cl5 Cl 5 CIS C15 C15 Cl5 Cl 5 CIS Cl 5 CIS CIS Cl 6 C16 C16 C16 Cl6 Cl6 Cl 6 06 Cl6 CIS rr CI1 CIS CIS CIS C15 Cl4 Cl 2 C15 C04 CIO CIO EflaCfevOM* 01/01/17 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 oim/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 oi/oim 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/87 01/01/07 01/01/87 01/01/87 01/01/67 01/01/87 01/01/87 01/01/87 01/01/87 HCC 69A 92116 21178_________ Federal Register / Vol 52 No. 107 / Thuradey, June 4. 1987 / Proposed Rule* f HCC 69A 92117 Fadaral Regstsr / Vol 52. Ka.' 1ST j Thursday, Juaefi 1M7"/ Pfopcwd Rat--_________ ZU79 Csugorynaw Znc compound! inrtirtm any araqua cftameai aubtunoa VMS contain* are at pan of rat ehanacaTa Gawarte ooda EOsctoadM* C15 01/01/B7 Subpart D--Reporting Forms and Instructions fa) EPA Form A the Toxic Chemical Release Inventory Form: hums coos M HCC 69A 92118 _2_1_1_B_0_ < .'Federal RegUt*f / VoLS2. No. lCi7 /'Thunday; lone <;i987 / Pronged Rule*1 F>|t _J_____of * MM ^,, Important: Rtad bujmrtlant'htfan computingfarm- _______II" - TOXIC CHEMCAL RELEASE*MVBfTORY I. CEXTinCATION.rfXMtf Mt* t/urnmfliHu ta -Rd VI IT Cah^ic yw U STA FotE n iSSiSSic?^ \ HCC 69A 92119 Federal Regliter / Vol. 52.`No.'l07 T fhuwday, June'l.1987 / Prcpoied Rale* Form ((eantinuodl 21151 OuMof w CJwrrtrm Conwy Wow C. Q--wic cowcoow 1 tho y rnoKtO cwgonr fC*om (/ rt# cOmkol or rtwln/ twy KMm4f D, hi**, M t*ff*** U1 * d < Mil MMI |f ) Ilf pkA ito fnrw (Uui/miMI.). I wiain or mOmm tC*mpU* tkis iimw Ml; tf y* n wyirti| i r ;n<wi jm 0* mi <mv Ui i^TIi iMk -- Do pi ............ mi 9m* -sss-- 90 PWlMM M)V HCC 69A 92120 21182 fadanlgepitar ] Vol 52. Mo. VO / Tlamday. Jua4.1B82 / Jpod Rule* hp. sassagi A. Cotton UltaAIr a. S(iehV9i t# Wai#r C. lUkaiai to Land ...-- m tt-- m IIOMi I I I . 1mm mm I I I 0. rranalara la Ott-SUa Laeauana > m mw `Basar- a `E53r~ 00 ao o aoYm No DO OO oa on oo oaYoo J*o a aa DO oa wt --ami o HCC 69A 92121 FadarmI Register j Vol S2. No. 107 / Thursday. |une 4.1987 / frymri 21183 ?tlX.>omoMAiaWOWMATOW Off WXrriL~MlNlfctgATK?>c;S3B^ Dticrti aettofM laMn m fc*i man o Sm tm toamjcuom tar eaoad R< to trw aaBBMMWWfrfcWc CM lltllTunM Ml M HCC 69A 92122 aim Fdl (b) Instruction: / Vol U. Ha. 107 f Thursday, funs4.1987 V "Proposed Met - -.. . , ****; - - - INSTRUCTIONS FOR COKff'LETING EPA FORM R -- THE TOXIC CHEMICAL REIXASE INVENTORY REPORTING FORM UNIT A -- INTRODUCTION These instructions and the regulation (40 CFR part 772) should be read carafulty before completing EPA FormR, the Toxic Chemical Release Inventory form. Far additional assistance in performing calculations reqiflred to complete this form,please consult EPA's guidance manual for toxic chemical release reporting titled "Guidance far Estimating Releases end Waste Treatment Efficiency for The Toxic Chemical Inventory F orm." This document is available by contacting EPA at the address given in Unit BJ.O. of these instructions. The completion of the Toxic Chemical Release inventory form is required under section 317 in Title El of the Superfund Amendments end Reauthorization Act of 1986, Pub. L. 99-495. Title III is itself called the "Emergency Planning and Community Right- to-Know Act of 1986." Section 313 requires owners and operators of certain fee21ties that manufacture, process, or otherwise use certain toxic chemicals to report their total annual releases or-emissions of these chemicals from Che facility to the environment. Such report is Is be sent to both EPA and to the state in which the facility is located. The purpose of this reporting requirement is to make available to the public information about releases of toxic chemicals resulting from activities of manufacturing facilities in a-commanity: The information w also intended to assist governmental - agencies-and researchers rrr gathering data end conducting research, as well esto 5d the development of regulations, guidelines, end standards. ~__ The data in these reports will be maintained in e computerized data base as required by section 313(j) in Title CL Tins data base will be made available to the-priMhy using computer telecommunications or similar means of access. Certain information claimed as a trade secret, however, is protected under specific provisions in the statute that are explained in these instructions. ... t__-............................................................... a,-. . UNITS-- APPUCASmYAhPGEfgRALREOLJggMENrs (1) Determination of Applicability. The decision flowchart In the following Figure 1 can be used to help determine whether your facility is required to submit Toxic Chemical Release Inventory reports. HCC 69A 92123 Fo<WtlReglrtet_/JVoL 58. No. 107 / TSuraday, feae 4.18S7 / Proposed Raies Figure 1 Flowsheet for Determination of Applicability M5 On_ Does your facility manufacture, import, process, or otherwise use any listed chemical? Manufacture, Import or Process < > Reporting not repaired Otherwise Used . Did your facility otherwise se more than 10.000 poondt of the chemical m the past calendar year? Y -- Report must be filed No --> Reporting not raptured Yes Did your facility manufacture, import -- or process more than 7S.000 pounds of the chemical in 1917? Yn Report must be filed Ns Reporting not required Yes Did yeir taediiy manufacture. Import or peecosa more than 50.000 pounds of the chemical in 1988? Yd Report must be filed No Reporting not required Did your facility amuufacxure. import of the chemical in the past calendar year? Y Report must be filed No Reporting not required HCC 69A 92124 21166 Federal Register / V6L 52, No. 107 -/ Thmsdsy. June 4.1987 / Proposed Rales (2) Who Mint Report. Reports must be flied-by Owners end operators of facilities that meet alt three of the following criteria: -- The facility has lQ or more full-time employees; : --ThefaciUty it includedin Standard.IndustriaLClassification(SIC} Codes 20 through 3f9; and -- The facility manufactured (including importation), processed, or otherwise used any applicable chemical in greater than threshold quantities (see (3) below) in the course of a calendar year. (a) SIC code determination. SIC codes 20 through 39 are those codes within the SIC system Division D - Manufacturing. The reporting requirements are generally directed toward the manufacturing sector of the economy. A facility meets the SIC code criteria if its primary SIC code is within the 20 through 39 range. A primary SIC code is that code that best describes the products made by the facility that have the highest economic value. A facility is also covered, if its primary SIC code is not in the 20 through 39 range but it is engaged in manufacturing activities at that facility, and the products produced correspond to those products as outlined in SIC codes 20 through 39. If you are not familiar with the SIC codes that apply to your facility, contact your trade association. Chamber of Commerce, or your legal counsel. For a detailed description of 4-digit SIC codes, refer to the Standard Industrial Classification Manual 1987, Clothbound edition*should be available in most-major libraries ormay be ordered through the National Technical-Information Service, 5285 Port Roysil Road, Springfield, VA 22161. The Accession Number for the clothbound Manual is PB87-1000012. (b) Manufacture, process or otherwise use. The term "manufacture" means to produce, prepare, import, or compound a toxic chemical. It is important to note that the term manufacture includes importation. The term "manufacture" also Includes coincidental production of a toxic chemical (e.g. as a byproduct or impurity) resulting from the manufacture, processing, use, or disposal of other chemical substances. For example, a company makes chemical A, but, as a consequence, chemical B is generated as a byproduct. If chemical B is a listed toxic chemical and it is produced Bt the facility in quantities that exceed the threshold (ejg., 75,000 lbs far 1987), chemical B and relevant emissions of chemical B from the facility must'be-reported---* ->< The term "process means the preparation of a toxic chemical, after its manufacture, for distribution in commerce -- (a) in the same form or physical state as, or in a different-form or physical state from, that in which it is received by the person so preparing such substance, or (b) as part of an article containing.the toxic chemical. ~ The term "process also applies to the processing of a toxic chemical that is a component Of a mixture or other trade name product. HCC 69A 92125 - Fadetel Register [ Vol. 52. ffo. W? i Thursday, fane 4.1967 ( Proposed Roles The term "otherwise used" encompasses any use of a listed chemical at a facility that is not specified by Che defined actions of manufacture or process. For example, a facility that incorporates toluene into a mixture for distribution in commerce is processing that chemical. A facility that cleans equipment with toluene Is not processing toluene but, nonetheless, ir using toluene. (3) Threshold Quantities for Reporting. Section 313 sets certain reporting thresholds. These threshold quantities vary depending upon the activity (e.gn manufacture, process, or otherwise use) and this year for which the report is submitted. You must submit a report if the chemical is manufactured (including importation) or processed at the facility: For calendar year 1987, in quantities greater than 75,000 pounds. For calendar year 1988, in quantities greater than 50,000 pounds. For calendar year 1989 and subsequent years, in quantities greater than 25,000 pounds. You must submit a report if the chemical is otherwise used at the facility in quantities greater than 10,000 pounds in the course of a calendar year. (4) What Chemicals Must Be Reported? Chemicals and categories of chemicals for which release data must be reported are listed in 40 CFR 372.45 (Subpart C of the regulation). There is an alphabetized liat by chemical name of chemicals that have ah associated CAS number. There it also a list of the same chemicals In CAS number order. A third list gives the chemical categories for which reporting is required. As an aid in determining what chemicals must be reported, EPA has developed a support document containing common synonyms and known trade names of the chemicals covered by the rule titled "Toxic Chemical Release Inventory -- Glossary of Synonyms." To obtain a copy of this documert contact EPA at the address provided in para<p-aph (10) of this Unit. (5) Reporting Related to Mixtures or Trade Name Products of Undetermined Composition. Use or processing of mixtures or trade name chemical products containing a listed chemical can trigger reporting. A facility is subject to reporting releases of toxic chemicals that result from the use or processing of mixtures or trade name products containing such toxic chemicals. However, your facility may use or processes mixtures or trade name chemical products of undetermined composition. In such cases, you must make a reasonable attempt to determine if the product contains one or more reportable toxic chemicals. The fallowing Figure 2 outlines the steps for making this determination. 21187 HCC 69A 92126 21188 Fadwml lUgfatg / VoL S2. No. 107 / Thursday. June 4.1887 /rPropo--d Rniet! ' ' ' Figure 2 ; * ; '--j*: / Reporting.Mixture andTradename Productlnformation ."bjisc:;' ........... ' ....... " ''F" HCC 69A 92127 Fsdstal Rspstsr '[ Vo152. flip, 107 / Thursday. fame 4,1967 / Proposed Rule* To begin with, identify those.chemical products otherwise used in excess of 10,000 pounds per year, or processed (e.g, used as-a reactant, mixture component, or article component) in excess of the applicable threshold for the year of reporting (e.g., 75,000 pounds for 1987). Then, contact the supplier of the product and ask whether the product contains a reportable section 313 toxic chemical. If the response is "no" or if the supplier will not, for other, reasons, tell you then you have no further responsibility relative to that product. You must, however, keep a record of this contact. If the answer is "yes" then follow the steps outlined in Figure 2 to determine what you must report. (6) How Many Reports to Submit. A separate report must be submitted for each covered toxic chemical at each facility. However, the information to be supplied on page 1 of the form (Sections 1 through 111 of the form) will be the same for all reports from the facility. Therefore, page 1 needs to be completed only once.. The remaining pages of the form must be completed for each chemical. If you are reporting more than one chemical, photocopy page 1 of the Form and attach it to the remaining, chemical specific pages for each chemical being reported. (7) Recordkeeping. You must keep a copy of each submission. In addition you must keep the supporting materials used to develop the information contained in the submission. These records must be kept for a period of 5 years from the date of the submission. The records are to be kept at the facility for which the report is submitted and these records must be readily available for inspection by EPA. If the facility doses permanently these records must be sent to the owner or operator, or the facility. If there is no other owner or operator of the facility such records must be sent to EPA. (8) When the Report Must Be Submitted. The report for any calendar year must be submitted on or before July 1 of the fallowing year (e^g., the report for calendar year 1987 must be submitted on or before July 1, 1988). (9) Where To Send The Report. Submit reports to: OTS Document Control Officer, U.S. Environmental Protection Agency, 401 M Street, 5W., Washington, D.C. 20460. Attn: Toxic Chemical Release Inventory Also, you must forward a copy of the submission to the State in which the facility is located. States will provide addresses to which the copies of the reports are to be sent. NOTE: The copy of the submission sent to the State should be the nontrade secret version of the form. 21188 HCC 69A 92128 21198 Fedmlfaglrtc ! VoL 52. No. 107 / Thursday, fane 4. 1387 / Praposed Roles _ (10) How to Obtain Formreod Other Information. Additional copie* of this form and guide: TSCA Assistance. Office, Oflice-of-Toxic Subetances,, Environmental Protection Agency,. RoomE-V : *01 M Street, SW, Washington, D.C. 20460, (202) 554-1404. Attn: Toxic Chemical Release Inventory, UNIT C --specie 8CTKUCT10NS FOR COKPUETfrJC EPA FORM R Report Number. Leave thi* space blank. Calendar Year. All reporting is by calendar year. Enter the year in which the reported releases occurred (not the year the report is submitted) in the appropriate space. SECTION I - CERTFTCATIQN STATEMENT: A senior official with management responsibility far the person (or persons) completing the form mast sign the certification statement. This person must certify the accuracy and completeness of the information reported on the form by signing and dating, the certification statement. Print or type the name and title of the person who signs the statement in the apace provided. This certification statement applies to all information in the submittal including claims of trade secrecy and the required explanation for such claims. (See Unit D of these instructions for specfic instructions on trade secrecy claims and the required explanation that must be included with the submission) SECTION 11 -- FACILITY IDENTIFICATION: A. FACILITY NAME AND LOCATION Enter the name of the facility (plant site name or appropri ~te facility designation), street address, city, county, state, and zip code in the space provided. Do not use a P.O. Box number as part of this location information. Enter the name, firm, title, street address, end telephone number (inclining area code) of an individual whom EPA, State officials, or the piddle may contact for clarification of the information on the form. This person does not have to be the person who prepares the report or signs the certification statement. However, this person must have a detailed knowledge of the report to be able to respond to questions. .. k HCC 69A 92129 Faderml Register / VoL 52. No. 107 / Thunday. June 4. 1987 / Proposed Rule* C. FACILITY IDENTIFIERS Dun and Bradstreet Number. Use the number obtained from Dun and Bradstreet for your facility. If your facility has not been assigned a Dun and Bradstreet Number, indicate this In the appropriate space by entering {NA . EPA Identification Number. If your facility has been assigned an EPA Identification Number, enter the number in the appropriate space. The EPA LD. number is a 12-digit number assigned to facilities covered by hazardous waste regulations of the Resource Conservation and Recovery Act (RCRA) and other regulations under Superfund (CERCLA). Facilities not covered by these regulations are not likely to have an assigned EPA l.D. number. If your facility does not have an EPA LD. number, enter NA in the appropriate space. Standard Industrial Classification (SIC) Codes. Enter the appropriate 4-digit primary SIC codes for your facility. If applicable, enter any other 4-digit manufacturing SIC codeis) (i-e., codes in the 20 through 39 range). Enter up to 2 of these other SIC codes for activities associated with the toxic chemicals being reported. If no other SIC codes are applicable enter NA in these spaces. NPDES Permit Number. Enter the permit number your facility holds under the National Pollutant Discharge Elimination System (NPDES). This permit number is assigned to your facility by EPA or the State under authority of the Clean Water Act. Enter the name of the surface water body or receiving stream to which the chemical is directly discharged. Report the name of the receiving stream or water body as it appears on the NPDES permit for the facility. U1C Identification Number. If your facility injects chemical-containing waste into class 1 deep wells, enter the Underground Injection Control (U1C) identification number assigned by EPA or by the State under authority of the Safe Drinking Water Act. If your facility does not hold such a permit enter NA in this space. D. PARENT COMPANY If applicable, enter the name of the corporation or other business entity that owns or controls the facility. Also enter the Dun and Bradstreet Number for that parent company. If the facility is not owned or controlled by another corporation, enter NA in these spaces. 21191 HCC 69A 92130 21192 Fsdatal Rsgirtaf / Vol 52. No. 107 / Thursday. June 4.1887 f Proposed Roles SECTION nf- OFF-SITE LOCATIONS TO WV-8CH ANV TOXIC CHEMICAL IS TRANSFERRED; -.... ------ --------- T-- This taction requires rlisting of all off-site,locations, to which you transfer wastes " containing the chemical(s) being reported. TheInformation to be entered In this section relates to chemical-specific release information In section VILD; of the-form. A. PUBLICLY OWNED TREATMENT WORKS (POTW) Enter the name and address of the POTW to which your facility discharges wastewater containing the chemicals being reported. If you do not discharge wastewater containing the reported chemicals to a POTW, enter NA. B. OTHER OFF-SITE LOCATIONS In the spaces provided enter the name and address of each location to which you transfer wastes containing the chemical. For each location enter the code from Unit E at the end of these instructions that best describes the type of disposal or treatment applied to the waste at that location. Also indicate in the space provided whether the location is owned or controlled by your facility or your parent company. If more space is needed attach a continuation sheet. SECTION IV -- CHEMICAL IDENTITY; A. CAS REGISTRY NUMBER AND OEMICAL NANET Enter the Chemical Abstracts Service (CAS) registry number for the chemical being reported. If you are reporting one of the chemical categories (e,g. copper compounds) enter NA in the CAS number space. ^^ Enter the name of the chemical or chemical category as it is listed in AO CFR 372.45 (the chemical listing section of the regulation).. B. TRADE SECRET BLOCK If you are claiming the identity of the chemical or chemical category being reported as a trade secret, indicate this by marking the trade secret block. As discussed in Unit D. of these instructions you must also provide an explanation of this trade secrecy claim as part of the submission. If you claim chemical identity as trade secret you must complete Section IV.C. HCC 69A 92131 Federal Register / VoL BZ No. 107 / Thursday, June 4.1887 / Proposed Rales C. GENERIC CLASSIFICATIONS OF THE CHEMICAL .OR CHEMICAL CATEGORY Complete Section IV.C. if you are claiming the chemical identity aa a trade secret (also see D. below). For the purposes of trade secret claims, all listed chemicals and ' chemical categories are pre-ciassified under one of the following generic gratis: Cl Hydrocarbons C2 Halogenated Alkanes C3 Halogenated Alkenes C4 Halogenated Aromatics C5 Hydroxy Compounds C6 Ethers and Epoxides C7 Aldehydes and Ketones C8 Carboxylic Acids, Esters, Lactones, and Anhydrides C9 Other Carboxylic Acid Derivatives CIO Amines Cll Amine Derivatives C12 Nitro and Nitroso Compounds CD nwsphoros and Sulfur Compounds CIA Azo and Hydrazo Compounds CD Metal Containing Compounds C16 Non-Metal Inorganic Compounds Enter both the Generic Classification code and the corresponding Generic Classification name in the spaces provided. For example, a company makes styrene and claims this identity as trade secret. The chemical list in 40 CFR 372AS shows that styrene has been assigned to generic classification code "Cl" which corresponds to the generic classification name "Hydrocarbon." The company would then enter "Cl" "Hydrocarbon" In the spaces provided in Section TV.C. D. MIXTURE OR TRADE NAME PROOUCT IDENTIFICATION Complete this section only if you are reporting based on the use or processing of a mixture or other trade name product and you do not know the specific listed toxic chemical that is in the product. Again, refer to Figure 2 of these instructions to help you determine the proper information to enter on the form. Enter the name of the mixture or trade name product on the line provided. Enter in Section 1V.C. the generic classification name of the toxic chemical if the supplier of the product provided this identity to you instead of a listed toxic chemical name. Finally, answer the question in Section IVJ3. that relates to your having been able to determine the percent by weight of the toxic chemical in the product. If your answer is "yes" then you must complete the remainder of the questions on the form. If your answer is "no" then you are only required to complete through Section V. of the form. 21133 HCC 69A 92132 21194 Federal Reglaiar / VoL S2. No. 107 / Thundty. Jung 4.1987 / Propped Rule* SECTIQNV -^ACTTVITtSAND USESOF THE TOMCTCRCMICAL AT THE- FACBlrrVf This sectlon~requIres an indication of whether-the-Chemical is manufactured (including imported), processed^ or otherwise used-at the facility and.the general nature of such uses^Marfc all the appropriate blockf*) ln:thiseetIonrthat apply. Following is an explanation of the activities and use indication terms:' V ^ A. MANUFACTURE On-site use/processing. A chemical that it manufactured and then further processed or otherwise used at that tame facility. Sale/Distribution. A chemical which is manufactured specifically for sale or distribution outside the manufacturing facility. Byproduct. A chemical produced without a separate commercial intent during the production, processing, use, or disposal of another chemical substance or mixture, and following its production, separated from that other chemical substance or mixture. Impurity. A chemical that is unintentionally produced with another chemical substance and not separated. B. PROCESS Reactant. A natural or synthetic chemical used in chemical reactions for the manufacture of another chemical substance or product. Includes but is not limited to feedstock, raw materials. Intermediates, and Initiators. Formulatlon Component. A chemical added to a product or product mixture prior to use or distribution that aids in the performance of the product in its use. Examples include but are not limited, to additives, dyes,.reaction diiuents, lnitiators, solvents, -inhibitors, emulsifiers, surfactants, lubricants, flame retardants, and rheological modifiers. - . Repackaging. Processing or preparation of a chemical or product mixture for distribution in commerce in a desirable form, state, and/or quantity. Article Component. A chemical substance that becomes an integral component of an article for industrial, trade, or consumer use. C. OTHERWISE USE Chemical Processing Aid. A chemical that is added to a reaction mixture to aid in the manufacture or synthesis of another chemical substance but the chemical does not intentionally remain in orbecome part of the product or product mixture. Examples of such chemicals include-but are not limited to process'solvents, catalysts, inhibitors, initiators, reaction terminators, and solution buffers. Manufacturing Aid. A chemical that, through its function, aids in a manufacturing process. Examples include but are not limited to lubricants, metalworking fluids, coolants, refrigerants, and hydraulic fluids. HCC 69A 92133 Federal Registar / VoL 82. No. 107 / Thursday. June 4.1B87 / Proposed Rules Ancillary or Other Uses. A-chemical that la used, at a facility far purposes cither than a chemical processing aid or manufacturing aid as'described above. Includes but is not limited to cleaners, degreasers, lubricants, and fuels. SECTION VI - MAXIMUM AMOUNT OF THE CHEMICAL AT THE FACILITY; Check the box next to the range that covert the maximum quantity of the chemical (in storage tanks, process vessels, on-slte shipping containers etc.) at your facility at any time during the reporting year. If the chemical is present at several locations within your facility, use the maximum total amount present at any one time. Ranges of quantities should be selected from the table on the form. You are not required to report the maximum quantity itself on the form. SECTION VII - RELEASES TO THE ENVIRONMENT; In Section VII of the form you are to account for the total aggregate annual releases of the chemical to each environmental medium. These total releases include "routine" emissions plus any amount released "accidentally." Under Title III a release is defined as any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any "toxic chemical" (i.e., a chemical listed in Subpart C of the regulation). Under this section of the form you are required to estimate both the direct releases or emissions from your facility to the environment as well as your transfers of the chemical to off-site treatment or disposal locations as part of waste. To provide the release information required in this section of the form, you may use readily available data (including monitoring data and emissions measurements) collected pursuant to other provisions of law or as part of routine plant operations. Where monitoring data or emission measurements are not readily available, reasonable estimates of the amounts released may be made using published emission factors, material balance calculations, or engineering calculations. Do not use emission factors or calculations to estimate releases if more accurate data are available. No monitoring or measurement of the quantities, concentration, or frequency of any toxic chemical released into the environment, beyond that monitoring and measurement required under other provisions of law or regulation, is required for the purpose of completing this form. For releases to each media you must answer four questions: (1) How much of the chemical was released (in pounds per year)?, (2) Was any portion of that release (except releases to off-site locations) reported under the emergency notification provisions of section 304 of Title III?, (3) What is the basis of estimate (e.g., what was the primary estimation method used to determine the quantity released)? and (4) Is the release specifically covered by a relevant environmental permit held by the facility? 21195 HCC 69A 92134 21196 federal Register / VoL'52. No. l07 / Thursds'y. fune 4.1&&7 / Proposed Roles Quantity Estimates* y 5. . Estimate as:accurately as possible the quantities-irrpounds of only'the-Jisted - chemical orchemical category that are released anouallyito:each environmentaL:= medium. Do not include in this estimate other components of'the-wasteatream.Jf you are reporting a listed category, combine the release data forall substances in the listed chemical category (e-g-^ali glycol ethers) Iuid report thisaggregate-qrresingle form. Oo not report releases-of each individual chemical in that category on a separate farm. In all other cases a separate- form is required for each listed chemical being reported. For metal compound categories report releases of only the parent metaL Far example, a user of various inorganic nickel salts would report the total nickel released in each waste regardless of the nickel's form (as the original salts, nickel ion, oxide, etcJ, and excluding any contribution to mass made by other species in the molecule. Basis of Estimate; For each release estimate you are required to indicate the principal method by which the quantity was derived. Enter the letter code which applies to the derivation of the largest portion of the total quantity estimated. F or example, if 40 percent of stack emissions were derived using monitoring data, 30 percent by mass balance, and 30 percent by emission factors, enter the code letter "M" for monitoring. The codes re as fallows: M - based on monitoring data or measurement for the chemical in the wastestream as released. B - based on a mass balance such as the amount of the chemical in streams entering and leaving process equipment. E - based on published emission factors such as.those relating release to throughput or equipment type. --------- O - based on other approaches such as engineering calculations (for example, estimating volatilization using published mathematical formulas) or best engineering judgment. This would include applying an estimated removal efficiency to a wastestream even if the stream before treatment were fully r. ^characterized by monitoring data. The monitoring data, mass balance,-or emission factor must be specific to the chemical being reported. Otherwise, the estimate should be considered to be based on engineering calculations or judgment; For example, if a mass balance yields the flow rate of an aqueous waste but the quantity of chemical in the waste irbased on solubility data, report "O" because "engineering calculations" were used as the basis of estimate: Alternatively, If the concentration of the chemical in the. wastewater was measured, than the primary basis of estimate is "monitoring" even though a mass balance calculation also contributed to the estimate. Use of mass balance should only be indicated if it directly calculates the mass (weight) of chemical released. Use of HCC 69A 92135 ' 1 * 1 Federal Register / =VoL 51 No. 107 / TTulredsy, hint 4.' 1987 / Proposed Rule* ` ' ' 1 211*7 monitoring data ahould t>e indicated as basis of estimate only if the chemical concentration is measured in the wastestream being released into the environment as oppoaed to measured in other process streams containing the chemical.. . Title 111, Section 3D> Release; Certain of the toxic chemicals subject to section 313 reporting are subject to emergency notification provisions of Title UL If your facility has reported an emergency release of the toxic chemical during the calender year under Title in Section 304 then you must check the box "YES" in the column labeled "Title III Section 304 Release?." Section 304 is the emergency notification provision of Title IIL Chemicals subject to this notification are those "extremely hazardous chemical^* as listed under section 302 of Title in and chemicals subject to section 103 of CERCLA. Permit Applies To Release: The last column in Section VII asks for a "yes" or "no" indication of whether the toxic chemical released is specifically covered by an environmental permit. In general, a facility would answer "yes" if the permit specifically includes or cites the reported toxic chemical. A. EMISSIONS TO THE AIR 1. Fugitive or Nonpoint AlrEmissions. Enter the total quantity of emissions of the chemical to the air which is not released through stacks, vents, ducts pipes, etc or any other confined air stream. Include (1) fugitive equipment leaks from valves, pump seks, flanges, compressors, sampling connections, open ended lines, etc., (2) evaporative laases from surface impoundments, (3) releases from building ventilation systems, and (4) any other fugitive or nonpoint air emissions. 2. Stack or Point Air Emissions. Enter the total emissions of the chemical to the air which are released through stacks, vents, ducts, pipes, etc. Include storage tank emissions. Air releases from control equipment would generally fall in this category. All air releases of the chemical from the facility should be accounted far. In case of doubt about whether an air release is fugitive or stack in nature, it is more important that the release be included as one or the other than be omitted. Do not enter information on individual emissions points or releases on the form. For both fugitive and stack point emissions, check the appropriate-box in the column titled "Permit Applies To Release?" Indicating YES means that the facility has determined that the permit specifically includes or cites the chemical being emitted. For example, a permit may set a numerical emission limit to control quantities of on or more specific chemical released. The facility would answer "NO" if a permit sets a performance standard for process equipment in which a chemical is made or used but the permit does not specify the chemical. Some facilities may have several similar emissions controls that treat the same toxic chemical. If some but not all have permits that cite the specific chemical, the the facility may still answer "YES" in the permit column. HCC 69A 92136  -4 iliM " ~ /``Vbfc gffc iOT Y Thursdiiy.Jmai*gBT /'ftopiaedP**-- B. DISCHARGES TO WATER1':! " " '. Direcl-Discharoet. Enter the total annuaT'amount of the chemical released from all discharge points at the facility to surface waters (rivers^iakes, stresmsetcj-- Include both process outfalls such aspipets and open trenches and releases from on-artr wastewater treatment systems in this category. Include in the total any-contribution from stormwater If your permit includes stormwater sources. Do not Include "indirect* discharges to surface waters such as to a POTW or off-site wastewater treatment facility. Check "YES" lathe "Permit Applies- To Released column If the discharge of this chemical la specifically covered by your facility's NPDESpermit. C. RELEASES TO LAND Report quantities of the chemical that were disposed of within the confines of the facility. Enter the appropriate disposal code from Unit E of these instructions hr the- space provided. These types of disposal include placement in surface impoundments io addition to subsurface disposal in landfills, infiltration lagoons and septic systems, or underground injection wells. For the purposes of this form, a surface impoundment is considered "final disposal." Quantities of the chemical released to impoundments which are merely part of a wastewater treatment process generally should not be reported here. If the impoundment accumulates sludges containing the chemical, include an.estimate hereof the annual accumulation of the chemical in such sludge*. If, howevp, the sludges were removed from the impoundment during the year and disposed of in different manner (ejg. if the sftadge-is disposed of in a different mannerat thefacIUly or if it is transferad to an off-site location} then the amount of the chemical disposed should be reported -under-a different eade-in thiiaectionor it shouMbereportedirvseclioaVIID. as an off site release. Report the amounts that are placed in infillcation lagoons and/or septic systems as one total, since both are designed to allow wastes to percolate into near-surface toil. F or the purposes of this reporting, storage tanks are-not considered to be a type of cfisposal and ere not to be repotted lo this section of the form. Enter the quantitiy released in pounds per year. Four n<v~ are providedInEhis section of the form to accommodate various types of land disposal. If more space is needed, mark the box at the bottom of this section and attach a continuation sheet. Check *YthwIn the "Permit Applies ToRelease" column only if the ehemicaTia part of a RCRA-coveredhazardsus waste. D. TRAhBFERS TO OFF-SITE LOCATIONS Report In this section the quantity of the chemical sent to any of the off-site disposal, treatment, or storage facilities for which you have provided an address In Section in of the form. - - /~ '^/ i) HCC 69A 92137 Federal Register / VoL 52. No. 107 / Thundsy, June 4.1987 / Proposed Rules Lina 0.1. it for releaset to a POTW. Linet D.2., D.3., and 0.4. are provided for releases to other off-site locations, including off-site private wastewater treatment. For these lines you must enter the block number from Section IILB. of the form that corresponds to the off-site location to which you are transfering the chemical. If you need additional apace check the box at the bottom of Section VII and attach a continuation sheet. Check "YES" in the 'Permit Applies To Release" column only if the chemical is part of a RCRA covered hazardous waste. SECTION Vni -- WASTE TREATMENT METHODS AND EFFICIENCY: In Section VIII, report waste treatment methods used on wastestreams containing the chemical; the range of concentrations of the chemical in the influent to the treatment method; the effectiveness of each treatment method in removing the chemical; and Indicate whether the treatment efficiency figure was based on actual operating data. General Wastestream: For each waste treatment method reported, indicate the type of wastestream containing the chemical that is treated. Mark one box that corresponds to the general wastestream: G = Gaseous W = Wastewater L = Liquid waste (non-aqueous) S = Solid waste (including sludges and slurries) Waste Treatment Methods: Codes for treatment methods are included In Unit E of these instructions. Enter the code for each treatment method used in connection with wastes containing the chemical being reported. ' Treatment methods are to be reported by type of waste being treated, i.e. gaseous wastes (including gases, vapors, particulates), aqueous wastes, liquid non-aqueous, or solids. Where a waste is a mixture of water and organic liquid, report it under aqueous wastes unless the organic content exceeds 50 percent. Slurries containing water should be reported as solids if they contain appreciable amounts of settiable or dissolved solids such that the viscosity or density of the waste is considerably different from that of process wastewater. Wastestreams may have a single source or may be aggregates of many sources, as when process water from several pieces of equipment is combined prior to treatment. Report treatments that apply to the aggregate wastestream. However, if your facility treats various wastewaters in different ways, then the different treatment methods must each be listed. 21199 HCC 69A 92138 21200 FedmlKnUfacr; VaLBLfo.ME / Thursday,)--e-,WFf ftepesedfatat For any given wastestream, watte treabpent may be a tingle ttep at a multiple step process. Where waste treatment mmiitt of savatal of the methods; choose Clio. Note, however; that a.%vastewatac,.tieatmant ttap and further iwcjpustioo-ot the siqrige , from wastewater must be reportetoeparately* one treat* the aqueous waste,,the second., . treats a distinctly different "salid"*waste~. Your facility may have several pieces of equipment in similar service. It is-not necessary to enter four lines of data to cover four scrubbers, for example, if all four are treating wastes of similar character (eife gaseous emissions), have similar influent concentrations, and have the same-removal efficiency. Range of infloent Concentration; The form requires an indication of the range of concentretionof the chemical in the wastestream Cl-e., the influentj es it typically enters the treatment equipment. Enter one of the following code numbers in the space provided that corresponds to the relative concentration of the chemical in the influent: Is (for liquid or solid) Greater than 1 percent (for gaseous) Greater than 10,000 milligrams per cubic meter 2 = (for liquid or solid) 100 parts per million (0.01 percent) to 1 percent (far gaseous) 100 milligrams per cubic meter to 10,000 milligrams per cubic meter 3 = (for liquid or solid) 1 part per million to 100 parts per million (for gaseous) 1 milligram per cubic meter to 100 milligrams per cubic meter 4 = (for liquid or solid) 1 part per billion to 1 part per million (for gaseous) 1 microgram per cubic meter to 1 milligram per cubic meter 5 = (for liquid or solid) Less then 1 part per billion (for gaseous) Leu than one oUcrogram Treatment Efficiency: In the space provided enter a number for the' percent 'removal of the listed ' chemical (not other waste constituents) from the wastestream. The treatment efficiency expressed as percent removal represert* any destruction, biological degradation, chemical reaction, or physical removal of the chemical from the wastestream being treated. This efficiency should represent the man or weight percent of chemical' destroyed or removed, and not just chanqerin volume or concentration of the chemical or its wastestream. For some treatments, the percent remove! will represent removal by several mechanisms such as in secondary wastewater treatment where a chemical may evaporate, may be biodegraded, and may be physically ramovad in the sludge. HCC 69A 92139 FedoraI BifirtK / VoLSL No. W j Thursday. fang 4.19B7 / ftaposed Brit Percent removal should be calculated as follows: (1-0 1 x 100 where 1 - mauof the chemical in the influent waste and El = mass of the chemical in the effluent waste The mass or weight of chemical in the wastestream being treated should he calculated by multiplying the concentration (by weight) of the chemical in the wastestream times the flowrate. When calculating or estimating percent removal efficiency far various wastestreams, the percent removal should compare the gaseous effluent from treatment, to the gaseous influent, the aqueous effluent from treatment to aqueous influent, and likewise for organic liquid and solid waste. However some treatment methods may not result in comparable form of effluent arastestreams. Such an example would be incineration of wastewater, where the percent removal of the chemical from the influent wastestream would be reported es 100percent. Some of the treatments listed in Unit E do not destroy, chemically react, or physically remove the chemical from its wasteetream. Some examples of these include fuel blending or encapsulation. For these treatments, an efficiency of zero should be reported. The facility should report the concentrationof the chemical in the waste before treatment. All available data should be utilized bo calculate treatment efficiency and influent chemical concentration, if such data are lacking, then estimates will have to be made usi ng best engineering judgment or other methods. Methods for calculating releases end treatment efficiencies are further discussed in the technical guidance document cited at the beginning of this Unit. For metal compotnds, the reportable concentration and treatment efficiency should be calculated baaed on the weight of the parent metal and not the weight of the metal compouncKs). Metals are not destroyed but can only be physically removed or chemically converted from one form into another. Therefore, the treatment efficiency reported should only represent physical removal of the parent metal, not the percent chemical conversion of the. metal compound. If a fisted treatment method converts but does not remove a metal, the method should be reported but the treatment efficiency should be reported as zero. Based on Operating Data? This column requires you to indicate "yes" or "nor" whether the treatment efficiency estimate is based on actual operating data. For example, you would check "yet" if the estimate is based on monitoring of influent end effluent wastes under typical operating conditions. If the efficiency estimate is based on published data for similar processes or on equipment supplier's literature, you would chock "no." ran HCC 69A 92140 21202__________ Federal Register / Vol S2. No. 107 / Thursday, Jane 4,1887 / Proposed Rule* SECTION IX -- OPTIONAL INFORMATION ON WASTE MINIMIZATION; Information provided in Section IX of the form is optional.' This section allows the facility to describe waste minimization efforts involving the chemical. The facility may choose to provide a narrative of its waste minimization projects. EPA would prefer, however, for ease of data entry, that the following elements be~included asshown on the form. `, - -- Type of modification: Enter one code from the following list that best describes the type of waste minimization activity: Ml recycling/reuse on-site M2 recycling/reuse off-site M3 equipment/technology modifications M4 process procedure modifications M5 reformulation/redesign of product M6 substitution of raw materials M7 improved housekeeping training, inventory control Quantity of chemical in the wastestream prior to treatment/disposal: Enter the pounds of the reported chemical in the waste(s) in the reporting year and the pounds in the waste(s) in the year prior to implementing waste minimization. Alternatively, to protect confidential information, you may wish to enter only the percent by which the weight of the chemical in the waste has changed. Index: Enter the ratio of reporting year production to production.in the base year. This index should be calculated to most closely reflect activites involving the chemical. Examples of acceptable indices include: ................ - chemical produced In 1987/chemical produced in 1986. paint produced in 1987/paint produced in 1986. appliances coated in 1987/appliances coated in 1986. sq.ft, of solar collector fabricated in 1987/sq.ft, of solar collector fabricated in 1986. value of sales in 1987/value of sales in 1986. - For example, a company manufactures 200,000 pounds of a chemical in 1986 and 250,000 pounds of the same chemical in 1987. The index figure to report would be 1.3 (1.25 rounded). The-index provides a means for users of the data to sort out the effect of change in business activity from the waste minimization project proper- It is not . necessary to indicate the units on which the index was based. - 4 HCC 69A 92141 radarai iTegi*sr f VcL g. Ha. inf / Thursday. fuse 4. *C8T f Pmyami Hsfea__________T<wn Reason for action; < .... " .- Finally, enter the code() from the following list that best describe the reason for initiating the west* minimization offe*fc - ..... R1 regulatory requirement for the waste R2 reduction of treatment/disposal costs R3 other process coat reduction Narrative description: Use the qpace provided to describe your waste minimization activities as a supplement to, or in lieu of information provided in the coded part of this section. UNIT D -- TRADE SECRECY CLAIMS AND THE EWLAMATX3N Section 322 of Title 1U provides that the specific chemical identity (inciuding the chemical or chemical category name and other specific Mentification) may be designated by the facility as a trade secret. To do so, check the box in Section IV.B. of the form indicating that the identity of the chemical is being darned at a trade secret. As explained inUnitCJV.C.af these instructions, enter the appropriate code number end the assigned generic classification name in the space provided. If you claim chemical identity as trade secret you must submit two copies of the form to EPA. One copy will be the complete submission including-the chemical name and CAS number. The second copy will be a "sanitized" version in which the CAS number and chemical name is left blank in Section IV.A. and B. of the form. This sanitized version is the form that will be made available to the public. Also this non-trade secret copy is the copy of the form to be submitted to the State. Any facility claiming trade secret protection for a chemical identity must also submit an explanation of this claim at the time the form is submitted. This explanation must demonstrate that all of the following statements are true for the chemical or chemical category being reported: 1. That the facility has not disclosed the fact that the chemical is manufactured, processed or otherwise used at the facility to any other person, other than e member of a local emergency planning committee, an officer or employee of the United States or s State or local government, an employee of such person, or a person who is bound by a confidentiality agreement. 2. That the facility has taken reasonable measures to protect the confidentiality of auch information and will continue to take such measures. 3. That the information is not required to be disclosed or otherwise made available to the public under any other Federal or State law. A. That disclosure of the Information is likely to cause substantial harm to the competitive position of the facility. HCC 69A 92142 5. That the chemical Identity ii not readily discoverable through reverse engineering. '- This explanation must be submitted with-thecopy-of the-form-thateontainrthespecific chemical Identity to EPA. Otherwise the trade aecret claim will be disallowed without further notice to you. The submission should be sent by registered mall, return receipt requested. The facility may claim parts of the explanation document as confidential if that information would reveal the chemical identity claimed as a trade secret or would reveal other confidential business or trade secret information. To make this claim the facility should clearly designate those portions of the document that are claimed as confidential. The facility must include a certification that those portions of the substantiation document claimed as confidential would, if disclosed, reveal the chemical identity being claimed as a trade secret, or would reveal other business confidential or trade secret information. This certification must be signed by the same senior management official that signs the form certification statement. The facility must submit sanitized copies of this explanation to EPA and the State because this explanation must also be made available to the public. Information claimed as trade secret or otherwise confidential business in the explanation should be omitted from this version of the explanation document. HCC 69A 92143 : , Federal JUgistar-/ VoL 52. No. 107 / Thanday,,jane 4k 1067 / Proposed Rules UNIT E - DISPOSAL AND WASTE TREATMENT CODES DISPOSAL CODES ID Landfill 2D Land treatment 3D Surface impoundment (to be closed as a landfill) 40 Underground injection 5D Infiltration lagoon or septic system 6D Transfer to waste broker WASTE TREATMENT CODES (a) Incineration/thermal treatment II Liquid injection incineration 21 Rotary kiln incineration ^ 31 Fluidized bed incineration 41 Multiple hearth chamber incineration 51 Pyrolytic destruction 61 Other incineration/thermal treatment (b) Reuse bs fuel 1RF Cement kiln 2RF Aggregate kiln 3RF Asphalt kiln 4RF Other kiln 5RF Blast furnace 6RF Sulfur recovery furnace 7RF Smelting, melting, and refining furnace 8RF Coke oven 9RF Other furnace 10RF Industrial boiler 11RF Utility boiler I2RF Other reuse as fuel (c) Fuel blending 1FB Fuel blending (general) (d) Solidification IS Cement-b8sed processes 2S Pozzolanic processes 3S Asphaltic processes 4S Thermoplastic techniques 5S Organic polymer techniques 6S Macro-encapsulation 7S Other solidification 21205 HCC 69A 92144 21206 Fadssa1 lUgbtet-A Voi.5X No-107 / Thorsdsy, Jaae4.1M7 / Propoacd Rales (e) Recovery of solvents and other organic.chemicals 1SR Fractionation 2SR Batch still distillation 3SR Solvent extraction 4SR Thin film evaporation 5SR Other solvent recovery (f) Recovery of metals 1MR Activated carbon (for metals recovery) 2MR Electrodialysis (for metals recovery) 3MR Electrolytic metal recovery AMR Ion exchange (for metals recovery) 5MR Reverse osmosis (for metals recovery) AMR Solvent extraction (for metals recovery) 7MR Ultrafiltration (for metals recovery) BMR Other metals recovery (g) Wastewater treatment i. Cyanide oxidation 1WT 2WT 3WT 4WT Alkaline chlorination Ozone Electrochemical Other-cyanide oxidation ii. Chemical precipitation (pH adjustment, flocculation, and settling (see Note 1) 5WT 6WT 7WT SWT 9WT Lime Sodium hydroxide Soda ash Sulfide Other precipitation iii. Chromium reduction 10WT Sodium bisulfite 11WT Sulfur dioxide 12WT Ferrous sulfate 13WT Other reduction iv. Complexed metals treatment 14WT High pH precipitation 15WT Other complexed metals treatment v. Emulsion breaking 16WT Thermal 17WT Chemical 18WT Other emulsion breaking HCC 69A 92145 Federal Register / VoL 52. No. 107 / Thursday, funs 119C7 / Proposed Rule* Vi. Adsorption 19WT Carbon adsorption 2QWT Ion exchange 21WT Resin adsorption 22WT Other adsorption vii. Stripping 23WT Air stripping 24WT Steam stripping (Note 2) viii. Filtration 25WT Diatomaceous earth 26WT Sand 27WT Multimedia 28WT Other filtration ix. Dewatering operations 29WT Gravity thickening 30WT Vacuum filtration 31WT Pressure filtration (belt, plate and frame, leaf) 32WT Centrifuge 33WT Other dewatering x. Air flotation 34WT Dissolved air flotation 35WT Other air flotation xi. Oil skimming 36WT Gravity separation 37WT Coalescing plate separation 38WT Other oil skimming xii. Aerobic biological treatment 39WT Activated sludge 4DWT Rotating biological contactor 41 WT Trickling filter 42WT Waste stabilization pond 43WT Nitrification 44WT Other aerobic treatment xiii. Anaerobic biological treatment 45WT Anaerobic digestion 46WT Denitrification 47WT Other anaerobic treatment 21207 HCC 69A 921*6 . 22298 - FadaralBeglstar / VoL 52. No. 107 / Thursday, hint4. 1987 -j Proposed Raka xiv. Other wastewater treatment 48WT Wet air oxidation 49WT Neutralization 50WT Other wastewater treatment 51WT Primary wastewater treatment system 52VVT Secondary wastewater treatment system 53WT Tertiary wastewater treatment system (h) Treatment of air emissions 1AT Thermal oxidizer 2AT Catalytic incineration 3AT Flare 4AT Condenser 5 AT Scrubbers 6 AT Absorbers 7AT Filters SAT Electrostatic Precipitations 9AT Carbon adsorption 10 AT Other adsorption HAT Mechanical separation 12AT Other air emission control NOTES: 1. Chemical precipitation is a treatment operation whereby the pH of a-waste is adjusted to the range necessary for removal (precipitation) of contaminants. For purposes of this reporting flocculation and settling are considered part-of the system. NOTE: if the pH is adjusted solely to achieve a neutral. p^'THE OPERATION IS NEUTRALIZATION. ._ 2. As a treatment operation, steam stripping is the removal of organic contaminants from a waste using direct or indirect contact steam for the~ primary purpose of complying with publicly owned treatment works (POTW) or National Pollutant Discharge Elimination System (NPDES) wastewater -discharge limitations. |FR Doc. (7-USBS Ftlad *-*-67; MS u] miacnot-- r rw I (' '> I HCC 69A 92147