搂 370.41 40 CFR Ch. I (7鈥?1鈥?04 Edition)
Example: On your worksheet you Certification
have marked an X in the Fire hazard
Instructions for this section are in-
column for acetone and butane. You
cluded on page one of these instruc-
noted that these are kept in steel
tions.
drums in Room C of the Main Building,
and in pressurized cylinders in Storage [55 FR 30646, July 26, 1990]
Shed 13, respectively. You could enter
搂 370.41 Tier II emergency and haz-
Main Building and Storage Shed 13 as
ardous chemical inventory form.
the General Locations of your fire haz-
ards. However, you choose to attach a (a) The form set out in paragraph (b)
site plan and list coordinates. Check of this section shall be completed and
the Site Plan box at the top of the col- submitted as required in 搂 370.25 of this
umn and enter site coordinates for the part. In lieu of the form set out in
Main Building and Storage Shed 13 paragraph (b) of this section, the facil-
under General Locations. ity owner or operator may submit a
If you need more space to list loca- State or local form that contains iden-
tions, attach an additional Tier One tical content.
form and continue your list on the (b) Tier II Emergency and Hazardous
proper line. Number all pages. Chemical Inventory Form.
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Environmental Protection Agency 搂 370.41
445
EC02AU92.037
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搂 370.41 40 CFR Ch. I (7鈥?1鈥?04 Edition)
TIER TWO INSTRUCTIONS 312, Public Law 99鈥?499, codified at 42
U.S.C. Section 11022. The purpose of
General Information this Tier Two form is to provide State
and local officials and the public with
Submission of this Tier Two form
specific information on hazardous
(when requested) is required by Title
chemicals present at your facility dur-
III of the Superfund Amendments and
ing the past year.
Reauthorization Act of 1986, Section
446
EC02AU92.038
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Environmental Protection Agency 搂 370.41
Certification This form does not have to be sub-
mitted if all of the chemicals located
The owner or operator or the offi- at your facility are excluded under
cially designated representative of the Section 311(e) of Title III.
owner or operator must certify that all
information included in the Tier Two What Chemicals are Included
submission is true, accurate, and com-
If you are submitting Tier Two forms
plete. On the first page of the Tier Two
in lieu of Tier One, you must report the
report, enter your full name and offi-
required information on this Tier Two
cial title. Sign your name and enter
form for each hazardous chemical
the current date. Also, enter the total
present at your facility in quantities
number of pages included in the Con-
equal to or greater than established
fidential and Non-Confidential Infor-
threshold amounts (discussed below),
mation Sheets as well as all attach-
unless the chemicals are excluded
ments. An original signature is re-
under Section 311(e) of Title III. Haz-
quired on at least the first page of the
ardous chemicals are any substance for
submission. Submissions to the SERC,
which your facility must maintain an
LEPC, and fire department must each
MSDS under OSHA鈥檚 Hazard Commu-
contain an original signature on at
nication Standard.
least the first page. Subsequent pages
If you elect to submit Tier One rath-
must contain either an original signa-
er than Tier Two, you may still be re-
ture, a photocopy of the original signa-
quired to submit Tier Two information
ture, or a signature stamp. Each page
upon request.
must contain the date on which the
original signature was affixed to the What Chemicals are Excluded
first page of the submission and the
Section 311(e) of Title III excludes
total number of pages in the submis-
the following substances:
sion.
(i) Any food, food additive, color ad-
ditive, drug, or cosmetic regulated by
You Must Provide All Information Re-
the Food and Drug Administration;
quested on This Form to Fulfill Tier
(ii) Any substance present as a solid
Two Reporting Requirements
in any manufactured item to the ex-
This form may also be used as a tent exposure to the substance does not
worksheet for completing the Tier One occur under normal conditions of use;
form or may be submitted in place of (iii) Any substance to the extent it is
the Tier One form. used for personal, family, or household
purposes, or is present in the same
Who Must Submit This Form form and concentration as a product
packaged for distribution and use by
Section 312 of Title III requires that
the general public;
the owner or operator of a facility sub-
(iv) Any substance to the extent it is
mit this Tier Two form if so requested
used in a research laboratory or a hos-
by a State emergency response com-
pital or other medical facility under
mission, a local emergency planning
the direct supervision of a technically
committee, or a fire department with
qualified individual;
jurisdiction over the facility.
(v) Any substance to the extent it is
This request may apply to the owner
used in routine agricultural operations
or operator of any facility that is re-
or is a fertilizer held for sale by a re-
quired, under regulations imple-
tailer to the ultimate customer.
menting the Occupational Safety and
OSHA regulations, 搂 1910.1200(b), stip-
Health Act of 1970, to prepare or have
ulate exemptions from the requirement
available a Material Safety Data Sheet
to prepare or have available an MSDS.
(MSDS) for a hazardous chemical
present at the facility. MSDS require- Reporting Thresholds
ments are specified in the Occupational
Safety and Health Administration Minimum thresholds have been es-
(OSHA) Hazard Communication Stand- tablished for Tier One/Tier Two report-
ard, found in Title 29 of the Code of ing under Title III, Section 312. These
Federal Regulations at 搂 1910.1200. thresholds are as follows:
447
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搂 370.41 40 CFR Ch. I (7鈥?1鈥?04 Edition)
For Extremely Hazardous Substances Penalties
(EHSs) designated under section 302 of
Any owner or operator who violates
Title III, the reporting threshold is 500
any Tier Two reporting requirements
pounds (or 227 kg.) or the threshold
shall be liable to the United States for
planning quantity (TPQ), whichever is
a civil penalty of up to $25,000 for each
lower;
such violation. Each day a violation
For all other hazardous chemicals for
continues shall constitute a separate
which facilities are required to have or
violation.
prepare an MSDS, the minimum re-
If your Tier Two responses require
porting threshold is 10,000 pounds (or
more than one page use additional
4,540 kg.).
You need to report hazardous chemi- forms and fill in the page number at
cals that were present at your facility the top of the form.
at any time during the previous cal-
Reporting Period
endar year at levels that equal or ex-
ceed these thresholds. For instructions
Enter the appropriate calendar year,
on threshold determinations for com-
beginning January 1 and ending De-
ponents of mixtures, see 鈥樷?榃hat About
cember 31.
Mixtures?鈥欌?? on page 2 of these instruc-
tions.
Facility Identification
A requesting official may limit the
responses required under Tier Two by Enter the full name of your facility
specifying particular chemicals or (and company identifier where appro-
groups of chemicals. Such requests priate).
apply to hazardous chemicals regard- Enter the full street address or state
less of established thresholds. road. If a street address is not avail-
able, enter other appropriate identi-
INSTRUCTIONS
fiers that describe the physical loca-
tion of your facility (e.g., longitude
Please read these instructions carefully.
and latitude). Include city, county,
Print or Type all Responses
state, and zip code.
When to Submit This Form Enter the primary Standard Indus-
trial Classification (SIC) code and the
Owners or operators of facilities that
Dun & Bradstreet number for your fa-
have hazardous chemicals on hand in
cility. The financial officer of your fa-
quantities equal to or greater than set
cility should be able to provide the Dun
threshold levels must submit either
& Bradstreet number. If your firm does
Tier One or Tier Two forms by March 1.
not have this information, contact the
If you choose to submit Tier One,
State or regional office of Dun & Brad-
rather than Tier Two, be aware that
street to obtain your facility number
you may have to submit Tier Two in-
or have one assigned.
formation later, upon request of an au-
thorized official. You must submit the
Owner/Operator
Tier Two form within 30 days of receipt
of a written request.
Enter the owner鈥檚 or operator鈥檚 full
name, mailing address, and phone num-
Where to Submit This Form
ber.
Send either a completed Tier One
form or Tier Two form(s) to each of the Emergency Contact
following organizations:
Enter the name, title, and work
1. Your State Emergency Response
phone number at least one local person
Commission.
or office who can act as a referral if
2. Your Local Emergency Planning
emergency responders need assistance
Committee.
in responding to a chemical accident at
3. The fire department with jurisdic-
the facility.
tion over your facility.
Provide an emergency phone number
If a Tier Two form is submitted in re-
where such emergency information will
sponse to a request, send the completed
form to the requesting agency. be available 24 hours a day, every day.
448
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Environmental Protection Agency 搂 370.41
The requirement is mandatory. The fa- tion calculation be done as a first step
cility must make some arrangement to in making the threshold determina-
ensure a 24 hour contact is available. tion. Once you determine whether a
threshold for an EHS has been reached,
Identical Information you should report either the total
weight of the EHS at your facility, or
Check the box indicating indentical
the weight of each mixture containing
information, located below the emer-
the EHS.
gency contacts on the Tier Two form,
if the current chemical information Chemical Description
being reported is identical to that sub-
mitted last year. Chemical descrip- 1. Enter the Chemical Abstract Serv-
tions, hazards, amounts, and locations ice registry number (CAS). For mix-
must be provided in this year鈥檚 form, tures, enter the CAS number of the
even if the information is identical to mixture as a whole if it has been as-
that submitted last year. signed a number distinct from its con-
stituents. For a mixture that has no
Chemical Information: Description, CAS number, leave this item blank or
Hazards, Amounts, and Locations report the CAS numbers of as many
constituent chemicals as possible.
The main section of the Tier Two
If you are withholding the name of a
form requires specific information on
chemical in accordance with criteria
amounts and locations of hazardous
specified in Title III, Section 322, enter
chemicals, as defined in the OSHA Haz-
the generic class or category that is
ard Communication Standard.
structurally descriptive of the chem-
If you choose to indicate that all of
ical (e.g., list toulene diisocyanate as
the information on a specific hazardous
organic isocyanate) and check the box
chemical is identical to that submitted
marked Trade Secret. Trade secret in-
last year, check the appropriate op-
formation should be submitted to EPA
tional box provided at the right side of
and must include a substantiation.
the storage codes and locations on the
Please refer to EPA鈥檚 final regulation
Tier Two form. Chemical descriptions,
on trade secrecy (53 FR 28772, July 29,
hazards, amounts, and locations must
1988) for detailed information on how
be provided even if the information is
to submit trade secrecy claims.
identical to that submitted last year.
2. Enter the chemical name or com-
鈥? What units should I use?
mon name of each hazardous chemical.
Calculate all amounts as weight in
3. Check box for ALL applicable
pounds. To convert gas or liquid vol-
descriptors: pure or mixture; and solid,
ume to weight in pounds, multiply by
liquid, or gas; and whether the chem-
an appropriate density factor.
ical is or contains an EHS.
鈥? What about mixtures?
4. If the chemical is a mixture con-
If a chemical is part of a mixture,
taining an EHS, enter the chemical
you have the option of reporting either
name of each EHS in the mixture.
the weight of the entire mixture or
Example: You have pure chlorine as
only the portion of the mixuture that
on hand, as well as two mixtures that
is a particular hazardous chemical
contain liquid chlorine. You write
(e.g., if a hazardous solution weights
鈥樷?榗hlorine鈥欌?? and enter the CAS number.
100 lbs. but is composed of only 5% of a
Then you check 鈥樷?榩ure鈥欌?? and 鈥樷?榤ix鈥欌?欌?攁s
particular hazardous chemical, you can
well as 鈥樷?榣iquid鈥欌?? and 鈥樷?榞as鈥欌??.
indicate either 100 lbs. of the mixture
or 5 lbs. of the chemical). Physical and Health Hazards
The option used for each mixture
must be consistent with the option For each chemical you have listed,
used in your Section 311 reporting. check all the physical and health haz-
Because EHSs are important to Sec- ard boxes that apply. These hazard cat-
tion 303 planning, EHSs have lower egories are defined in 40 CFR 370.2. The
thresholds. The amount of an EHS at a two health hazard categories and three
facility (both pure EHS substances and physical hazard categories are a con-
EHSs in mixtures) must be aggregated solidation of the 23 hazard categories
and purposes of threshold determina- defined in the OSHA Hazard Commu-
tion. It is suggested that the aggrega- nication Standard, 29 CFR 1910.1200.
449
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搂 370.41 40 CFR Ch. I (7鈥?1鈥?04 Edition)
HAZARD CATEGORY COMPENSATION FOR density of benzene is 7.29 pounds per
REPORTING UNDER SECTIONS 311 AND 312 gallon, so you multiply 2,500 gallons by
7.29 pounds per gallon to get a weight
EPA鈥檚 hazard categories OSHA鈥檚 hazard categories
of 18,225 pounds.
Then you look at table I and find
Fire Hazard ............................ Flammable
Combustion Liquid that the range value 04 corresponds to
Pyrophoric
18,225. You enter 04 as the Maximum
Oxidizer
Amount.
Sudden Release of Pressure Explosive
Compressed Gas (If you are using the form as a work-
Reactive ................................. Unstable Reactive
sheet for completing a Tier One form,
Organic Peroxide
you should write 18,255 in the shaded
Water Reactive
area.)
Immediate (Acute) Health Highly Toxic
Hazards. Toxic
Irritant
Average Daily Amount
Sensitizer
Corrosive
1. For each hazardous chemical, esti-
Other hazardous chemicals
mate the average weight in pounds
with an adverse effect with
that was present at your facility dur-
short term exposure
Delayed (Chronic) Health Carcinogens ing the year.
Hazard. Other hazardous chemicals
To do this, total all daily weights
with an adverse effect with
and divide by the number of days the
long term exposure
chemical was present on the site.
Maximum Amount 2. Find the appropriate range value
1. For each hazardous chemical, esti- in table I.
mate the greatest amount present at 3. Enter this range value as the Aver-
your facility on any single day during age Daily Amount.
the reporting period. Example: The 25,000-gallon shipment
2. Find the appropriate range value of solvent you received last year was
code in table I. gradually used up and completely gone
3. Enter this range value as the Max- in 315 days. The sum of the daily vol-
imum Amount. ume levels in the tank is 4,536,000 gal-
lons. By dividing 4,536,000 gallons by 315
TABLE I鈥擱EPORTING RANGES
days on-site, you calculate an average
daily amount of 14,400 gallons.
Weight range in pounds
Range value You already know that the solvent
From To
contains 10% benzene, which is a haz-
01 ................. 0 99 ardous chemical. Since 10% of 14,400 is
02 ................. 100 999
1,440, you figure that you had an aver-
03 ................. 1,000 9,999
age of 1,440 gallons of benzene. You also
04 ................. 10,000 99,999
know that the density of benzene is 7.29
05 ................. 100,000 999,999
06 ................. 1,000,000 9,999,999
pounds per gallon, so you multiply
07 ................. 10,000,000 49,999,999
1,440 by 7.29 to get a weight of 10,500
08 ................. 50,000,000 99,999,999
pounds.
09 ................. 100,000,000 499,999,999
10 ................. 500,000,000 999,999,999 Then you look at table I and find
11 ................. 1 billion higher than 1 billion
that the range value 04 corresponds to
10,500. You enter 04 as the Average
If you are using this form as a work-
Daily Amount.
sheet for completing Tier One, enter
(If you are using the form as a work-
the actual weight in pounds in the
sheet for completing a Tier One form,
shaded space below the response
you should write 10,500 in the shaded
blocks. Do this for both Maximum
area.)
Amount and Average Daily Amount.
Example: You received one large
Number of Days On-Site
shipment of a solvent mixture last
year. The shipment filled five 5,000-gal- Enter the number of days that the
lon storage tanks. You know that the hazardous chemical was found on-site.
solvent contains 10% benzene, which is Example: The solvent composed of
a hazardous chemical. 10% benzene was present for 315 days at
You figure that 10% of 25,000 gallons your facility. Enter 315 in the space
is 2,500 gallons. You also know that the provided.
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Environmental Protection Agency 搂 370.41
Storage Codes and Storage Locations Table II shows you that the code for
a tank inside a building is C. Table III
List all non-confidential chemical lo- shows you that the code for ambient
cations in this column, along with pressure is 1, and the code for less than
storage types/conditions associated ambient temperature is 6.
with each location. Please note that a You enter: C 1 6
particular chemical may be located in Storage Locations: Provide a brief de-
several places around the facility. Each scription of the precise location of the
row of boxes followed by a line rep- chemical, so that emergency respond-
resents a unique location for the same ers can locate the area easily. You may
chemical. find it advantageous to provide the op-
Storage Codes: Indicate the types and tional site plan or site coordinates as
conditions of storage present. explained below.
a. Look at table II. For each location, For each chemical, indicate at a min-
find the appropriate storage type and imum the building or lot. Additionally,
enter the corresponding code in the where practical, the room or area may
first box. be indicated. You may respond in nar-
b. Look at table III. For each location, rative form with appropriate site co-
find the appropriate storage types for ordinates or abbreviations.
pressure and temperature conditions. If the chemical is present in more
Enter the applicable pressure code in than one building, lot, or area location,
the second box. Enter the applicable continue your responses down the page
temperature code in the third box. as needed. If the chemical exists every-
where at the plant site simultaneously,
TABLE II鈥擲TORAGE TYPES
you may report that the chemical is
ubiquitous at the site.
Codes Types of storage
Optional attachments: If you choose to
A Above ground tank attach one of the following, check the
B Below ground tank
appropriate Attachments box at the
C Tank inside building
bottom of the Tier Two form.
D Steel drum
a. A site plan with site coordinates in-
E Plastic or non-metallic drum
F Can dicated for buildings, lots, areas, etc.
G Carboy
throughout your facility.
H Silo
b. A list of site coordinate abbreviations
I Fiber drum
that correspond to buildings, lots,
J Bag
K Box areas, etc. throughout your facility.
L Cylinder
c. A description of dikes and other safe-
M Glass bottles or jugs
guard measures for storage locations
N Plastic bottles or jugs
throughout your facility.
O Tote bin
P Tank wagon Example: You have benzene in the
Q Rail car
main room of the main building, and in
R Other
tank 2 in tank field 10. You attach a
site plan with coordinates as follows:
TABLE III鈥擳EMPERATURE AND PRESSURE main building = G鈥?2, tank field 10 = B鈥?
CONDITIONS 6. Fill in the Storage Location as fol-
lows:
Codes Storage conditions
llllllllllllllllllllllll
(Pressure) B鈥?6 [Tank 2] G鈥?2 [Main room]
1 Ambient pressure
llllllllllllllllllllllll
2 Greater than ambient pressure
3 Less than ambient pressure
Confidential Information
(Temperature)
4 Ambient temperature
Under Title III. Section 324, you may
5 Greater than ambient temperature
elect to withhold location information
6 Less than ambient temperature but not cryogenic
on a specific chemical from disclosure
7 Cryogenic conditions
to the public. If you choose to do so:
鈥? Enter the word 鈥樷?榗onfidential鈥欌?? in the
Example: The benzene in the main
building is kept in a tank inside the Non-Confidential Location section of
building, at ambient pressure and less the Tier Two form on the first line of
than ambient temperature. the storage locations.
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Pt. 372 40 CFR Ch. I (7鈥?1鈥?04 Edition)
鈥? On a separate Tier Two Confiden- SOURCE: 53 FR 4525, Feb. 16, 1988, unless
otherwise noted.
tial Location Information Sheet, enter
the name and CAS number of each
Subpart A鈥擥eneral Provisions
chemical for which you are keeping the
location confidential.
搂 372.1 Scope and purpose.
鈥? Enter the appropriate location and
storage information, as described This part sets forth requirements for
above for non-confidential locations. the submission of information relating
鈥? Attach the Tier Two Confidential to the release of toxic chemicals under
Location Information Sheet to the Tier section 313 of Title III of the Superfund
Two form. This separates confidential Amendments and Reauthorization Act
locations from other information that of 1986. The information collected
will be disclosed to the public. under this part is intended to inform
the general public and the commu-
Certification nities surrounding covered facilities
about releases of toxic chemicals, to
Instructions for this section are in-
assist research, to aid in the develop-
cluded on page one of these instruc-
ment of regulations, guidelines, and
tions.
standards, and for other purposes. This
[55 FR 30650, July 26, 1990] part also sets forth requirements for
suppliers to notify persons to whom
PART 372鈥擳OXIC CHEMICAL RE- they distribute mixtures or trade name
LEASE REPORTING: COMMUNITY products containing toxic chemicals
RIGHT-TO-KNOW that they contain such chemicals.
搂 372.3 Definitions.
Subpart A鈥擥eneral Provisions
Terms defined in sections 313(b)(1)(c)
Sec.
and 329 of Title III and not explicitly
372.1 Scope and purpose.
defined herein are used with the mean-
372.3 Definitions.
ing given in Title III. For the purpose
372.5 Persons subject to this part.
of this part:
372.10 Recordkeeping.
372.18 Compliance and enforcement. Acts means Title III.
Article means a manufactured item:
Subpart B鈥擱eporting Requirements (1) Which is formed to a specific shape
or design during manufacture; (2)
372.22 Covered facilities for toxic chemical
which has end use functions dependent
release reporting.
372.25 Thresholds for reporting. in whole or in part upon its shape or
372.27 Alternate threshold and certification. design during end use; and (3) which
372.28 Lower thresholds for chemicals of does not release a toxic chemical under
special concern.
normal conditions of processing or use
372.30 Reporting requirements and schedule
of that item at the facility or estab-
for reporting.
lishments.
372.38 Exemptions.
Beneficiation means the preparation
Subpart C鈥擲upplier Notification of ores to regulate the size (including
Requirements crushing and grinding) of the product,
to remove unwanted constituents, or to
372.45 Notification about toxic chemicals.
improve the quality, purity, or grade of
a desired product.
Subpart D鈥擲pecific Toxic Chemical
Boiler means an enclosed device using
Listings
controlled flame combustion and hav-
372.65 Chemicals and chemical categories to ing the following characteristics:
which this part applies. (1)(i) The unit must have physical
provisions for recovering and exporting
Subpart E鈥擣orms and Instructions
thermal energy in the form of steam,
heated fluids, or heated gases; and
372.85 Toxic chemical release reporting
form and instructions. (ii) The unit鈥檚 combustion chamber
372.95 Alternate threshold certification and and primary energy recovery sec-
instructions. tions(s) must be of integral design. To
be of integral design, the combustion
AUTHORITY: 42 U.S.C. 11023 and 11048.
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