461 Part 372—Toxic Chemical Re
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Environmental Protection Agency § 372.3 OSHA means the U.S. Occupational 372.28 Lower thresholds for chemicals of Safety and Health Administration. special concern. Person means any individual, trust, 372.30 Reporting requirements and schedule firm, joint stock company, corporation for reporting. 372.38 Exemptions. (including a government corporation), partnership, association, State, mu- Subpart C—Supplier Notification nicipality, commission, political sub- Requirements division of a State, or interstate body. SERC means the State Emergency 372.45 Notification about toxic chemicals. Response Commission for the State in which the facility is located except Subpart D—Specific Toxic Chemical when the facility is located in Indian Listings Country, in which case, SERC means 372.65 Chemicals and chemical categories to the Emergency Response Commission which this part applies. for the Tribe under whose jurisdiction the facility is located. In the absence Subpart E—Forms and Instructions of a SERC for a State or an Indian 372.85 Toxic chemical release reporting Tribe, the Governor or the chief execu- form and instructions. tive officer of the tribe, respectively, 372.95 Alternate threshold certification and shall be the SERC. Where there is a co- instructions. operative agreement between a State AUTHORITY: 42 U.S.C. 11023 and 11048. and a Tribe, the SERC shall be the en- tity identified in the agreement. SOURCE: 53 FR 4525, Feb. 16, 1988, unless State means any State of the United otherwise noted. States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Subpart A—General Provisions American Samoa, the United States Virgin Islands, the Northern Mariana § 372.1 Scope and purpose. Islands, any other territory or posses- This part sets forth requirements for sion over which the United States has the submission of information relating jurisdiction and Indian Country. to the release of toxic chemicals under Threshold planning quantity (TPQ) section 313 of Title III of the Superfund means, for a substance listed in Appen- Amendments and Reauthorization Act dices A and B of 40 CFR part 355, the of 1986. The information collected quantity listed in the column ‘‘thresh- under this part is intended to inform old planning quantity’’ for that sub- the general public and the commu- stance. nities surrounding covered facilities about releases of toxic chemicals, to PART 372—TOXIC CHEMICAL RE- assist research, to aid in the develop- LEASE REPORTING: COMMUNITY ment of regulations, guidelines, and standards, and for other purposes. This RIGHT-TO-KNOW part also sets forth requirements for suppliers to notify persons to whom Subpart A—General Provisions they distribute mixtures or trade name Sec. products containing toxic chemicals 372.1 Scope and purpose. that they contain such chemicals. 372.3 Definitions. 372.5 Persons subject to this part. § 372.3 Definitions. 372.10 Recordkeeping. Terms defined in sections 313(b)(1)(c) 372.18 Compliance and enforcement. and 329 of Title III and not explicitly Subpart B—Reporting Requirements defined herein are used with the mean- ing given in Title III. For the purpose 372.20 Process for modifying covered chemi- of this part: cals and facilities. Acts means Title III. 372.22 Covered facilities for toxic chemical Article means a manufactured item: release reporting. 372.23 SIC and NAICS codes to which this (1) Which is formed to a specific shape Part applies. or design during manufacture; (2) 372.25 Thresholds for reporting. which has end use functions dependent 372.27 Alternate threshold and certification. in whole or in part upon its shape or 461 VerDate Mar<15>2010 14:05 Aug 21, 2013 Jkt 229175 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Y:\SGML\229175.XXX 229175 wreier-aviles on DSK5TPTVN1PROD with CFR § 372.3 40 CFR Ch. I (7–1–13 Edition) design during end use; and (3) which (2) The unit is one which the Re- does not release a toxic chemical under gional Administrator has determined, normal conditions of processing or use on a case-by-case basis, to be a boiler, of that item at the facility or estab- after considering the standards in lishments. § 260.32 of this chapter. Beneficiation means the preparation Coal extraction means the physical re- of ores to regulate the size (including moval or exposure of ore, coal, min- crushing and grinding) of the product, erals, waste rock, or overburden prior to remove unwanted constituents, or to to beneficiation, and encompasses all improve the quality, purity, or grade of extraction-related activities prior to a desired product. beneficiation. Extraction does not in- Boiler means an enclosed device using clude beneficiation (including coal controlled flame combustion and hav- preparation), mineral processing, in ing the following characteristics: situ leaching or any further activities. (1)(i) The unit must have physical Customs territory of the United States provisions for recovering and exporting means the 50 States, the District of Co- thermal energy in the form of steam, lumbia, and Puerto Rico. heated fluids, or heated gases; and Disposal means any underground in- (ii) The unit’s combustion chamber jection, placement in landfills/surface and primary energy recovery sec- impoundments, land treatment, or tions(s) must be of integral design. To other intentional land disposal. be of integral design, the combustion EPA means the United States Envi- chamber and the primary energy recov- ronmental Protection Agency. ery section(s) (such as waterwalls and Establishment means an economic superheaters) must be physically unit, generally at a single physical lo- formed into one manufactured or as- cation, where business is conducted or sembled unit. A unit in which the com- where services or industrial operations bustion chamber and the primary en- are performed. ergy recovery section(s) are joined only Facility means all buildings, equip- by ducts or connections carrying flue gas is not integrally designed; however, ment, structures, and other stationary secondary energy recovery equipment items which are located on a single site (such as economizers or air preheaters) or on contiguous or adjacent sites and need not be physically formed into the which are owned or operated by the same unit as the combustion chamber same person (or by any person which and the primary energy recovery sec- controls, is controlled by, or under tion. The following units are not pre- common control with such person). A cluded from being boilers solely be- facility may contain more than one es- cause they are not of integral design: tablishment. process heaters (units that transfer en- Full-time employee means 2,000 hours ergy directly to a process stream), and per year of full-time equivalent em- fluidized bed combustion units; and ployment. A facility would calculate (iii) While in operation, the unit the number of full-time employees by must maintain a thermal energy recov- totaling the hours worked during the ery efficiency of at least 60 percent, calendar year by all employees, includ- calculated in terms of the recovered ing contract employees, and dividing energy compared with the thermal that total by 2,000 hours. value of the fuel; and Import means to cause a chemical to (iv) The unit must export and utilize be imported into the customs territory at least 75 percent of the recovered en- of the United States. For purposes of ergy, calculated on an annual basis. In this definition, to cause means to in- this calculation, no credit shall be tend that the chemical be imported and given for recovered heat used inter- to control the identity of the imported nally in the same unit. (Examples of chemical and the amount to be im- internal use are the preheating of fuel ported. or combustion air, and the driving of Indian Country means Indian country induced or forced draft fans or as defined in 18 U.S.C. 1151. That sec- feedwater pumps); or tion defines Indian country as: 462 VerDate Mar<15>2010 14:05 Aug 21, 2013 Jkt 229175 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Y:\SGML\229175.XXX 229175 wreier-aviles on DSK5TPTVN1PROD with CFR Environmental Protection Agency § 372.3 (a) All land within the limits of any ment, add to this list on the basis of Indian reservation under the jurisdic- one or more of the following factors: tion of the United States government, (i) The design and use of the device notwithstanding the issuance of any primarily to accomplish recovery of patent, and including rights-of-way material products; running through the reservation; (ii) The use of the device to burn or (b) All dependent Indian commu- reduce raw materials to make a mate- nities within the borders of the United rial product; States whether within the original or (iii) The use of the device to burn or subsequently acquired territory there- reduce secondary materials as effective of, and whether within or without the substitutes for raw materials, in proc- limits of a State; and esses using raw materials as principal (c) All Indian allotments, the Indian feedstocks; titles to which have not been extin- (iv) The use of the device to burn or guished, including rights-of-way run- reduce secondary materials as ingredi- ning through the same. ents in an industrial process to make a Indian tribe means those tribes feder- material product; ally recognized by the Secretary of the (v) The use of the device in common Interior. industrial practice to produce a mate- Industrial furnace means any of the rial product; and following enclosed devices that are in- (vi) Other factors, as appropriate. tegral components of manufacturing Manufacture means to produce, pre- processes and that use thermal treat- pare, import, or compound a toxic ment to accomplish recovery of mate- chemical. Manufacture also applies to rials or energy: a toxic chemical that is produced coin- (1) Cement kilns.