Easier 40 CFR 355 Management for Environmental Teams

CFR refers to the Code of Federal Regulations, which is a codification published in the Federal Register (FR), a publication maintained by federal government agencies and the Executive departments. The CFR is where federal regulations are documented by the U.S. government.

Businesses regulated by the federal government must refer to the CFR in their general business area in order to maintain compliance. Anyone can access the information within the CFR, which is updated daily online as the eCFR. However, it is important to note that the eCFR is not an official version of the CFR. Business owners should refer to the version provided by the Government Printing Office for any legal concerns or compliance purposes.

The Code of Federal Regulations is the federal code under the legal authority of the U.S. Food and Drug Administration (FDA). The FDA manages food and drug regulations, as well as medical devices and products that emit electronic radiation. The Federal Food Drug and Cosmetic Act (FD&C Act) ensures these products are safe for consumers using such regulations for safety compliance.

There are 50 chapters, called Titles, in the CFR. Title 40, also referred to as 40 CFR, is the Code of Federal Regulations for Protection of Environment. Title 40 has 1899 parts, such as:

  • Environmental Protection Agency Parts 1 – 1099
  • Chemical Safety and Hazard Investigation Board Parts 1600 – 1699

Each of these chapters contains several subchapters, which are lettered A, B, C, etc. For example, Chapter 1 EPA covers subchapters on grants, air programs, radiation protection programs, and ocean dumping.

In Chapter 1 is Subchapter J, titled Superfund, Emergency Planning and Community Right-to-Know Act (EPCRA) Program. This covers Parts 300 – 399 including 40 CFR 355, which is the section on Emergency Planning and Notification. The table of contents includes Appendixes A and B of the List of Extremely Hazardous Substances and their threshold planning quantities.

Amendment Section 112(r) of the Clean Air Act is the Risk Management Plan (RMP) Rule by the EPA. The Clean Air Act Amendments of 1990 covers regulations for preventing the unauthorized release of chemical substances. This includes chemicals that pose the most harm to humans. Reporting an RMP for a facility with these substances is mandatory in many cases.

If you are a facility owner that has extremely hazardous substances, along with complying with the CFR, you are expected to develop the RMP. To submit the RMP, you are required to use RMP*eSubmit. Anyone with trade secrets or confidential business information will be unable to submit an RMP using the reporting software. They need to contact the RMP Reporting Center at 703-227-7650 or online for EPA RMP guidance.

40 CFR 355 Appendix A

The primary reason for Appendix A in the hazardous chemicals list pdf is to inform the public about the safe handling of dangerous substances. Specifically, Appendix A is a list of extremely hazardous substances and information about how to handle these in a safe manner. Since the substances are extremely hazardous, it is important to know what to do to maintain EPA compliance and public safety.

Title 40 CFR 355 Appendix A focuses on reportable quantities of extremely hazardous substances listed by the EPA. The appendix is an alphabetized list of chemical names along with CAS No., notes, and details about reporting substances. When a chemical substance reaches its threshold quantity, the agency is required to report the use of a hazardous chemical to the EPA. This is included in Appendix A, and is available to anyone interested in this information.

The threshold planning quantity (TPQ) is referred to in pounds. For TPQ, there are two different measurements listed in Appendix A. The lower TPQ listed on the appendix refers to two forms—powdered and molten.

If you are referring to the lower TPQ, the powdered form of a solid substance will measure less than 100 microns. The molten form will have a 2 to 4 reactivity rating by the National Fire Protection Association. The higher number listed for substances on Appendix A covers any other solid substances at a threshold of 10,000 pounds.

40 CFR 355 Appendix B

The next section of the Code of Federal Regulations is 40 CFR 355 Appendix B. Here is the amendment to the EPA extremely hazardous substances list and 40 CFR 355 Appendix A. However, the hazardous chemicals list Appendix B differs from Appendix A with the substances not being listed in alphabetical order. Instead, you are provided with a new list of extremely hazardous substances and their threshold planning quantity amounts.

Appendix B is categorized in order by CAS No. starting with 0 and the substance Organorhodium Complex. The final substance listed is Cobalt, ((2,2′-(1,2-Ethanediylbis (Nitrilomethylidyne)) Bis(6-Fluorophenolato), which is CAS No. 62207-76-5. Substances with a high reportable quantity in pounds on Appendix B include Ethylthiocyanate,  Cyclohexylamine, and Methyl Thiocyanate at the max of 10,000 pounds.

As for those extremely hazardous substances with a low threshold planning quantity, there are some as low as 10 including Hydrogen Selenide, Nickel Carbonyl, and Lewisite. This means that these substances can be in very small amounts in order to be considered extremely hazardous and reportable by the EPA. You are required to report any quantities you possess that are in the low TPQ range.

Extremely Hazardous Substance List

The Extremely Hazardous Substance List and threshold planning quantities is a Final Rule published by the EPA. This includes any rulings regarding the Appendix A and B substances. If you have substances on this list, here is where you want to pay the most attention to. For general hazard types and hazardous chemicals in your facility, you are required to complete a Tier I form.

Anything that you have included on the list of extremely hazardous substances must be documented by Tier I reporting if they exceed the threshold planning quantities. Tier I reporting requires any agency or individual involved with any substance on this list of toxic chemicals in the environment to report them.

The List of Lists is another list of extremely hazardous substances that is produced by the Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA); Comprehensive Environmental Response; Compensation and Liability Act (CERCLA); and Section 112(r) of the Clean Air Act. It includes these lists:

  • EPCRA Section 302 Extremely Hazardous Substances
  • CERCLA Hazardous Substances
  • EPCRA Section 313 Toxic Chemicals
  • CAA 112(r) Regulated Chemicals for Accidental Release Prevention

This includes the Summary of Codes in Section 313, such as “+” for “Member of EPCRA Section 313 PAC category.” Use this to identify any information about the extremely hazardous substances you have on hand.

40 CFR 370

Title 40 CFR 370 is Subchapter J and is titled Hazardous Chemical Reporting: Community Right-to-Know. This is the section of the CFR that covers how to handle reporting hazardous chemicals in the community. Reporting inventory is completed using Material Safety Data Sheets, also commonly referred to as Safety Data Sheets (SDSs). Hazardous chemical reporting is also a requirement of the Occupational Safety and Health Administration (OSHA) and their Hazard Communication Standard (HCS).

Title 40 CFR 370.42 refers to Tier II inventory information, which covers submitting data elements for certification. Title 40 CFR 370.42 “Certification” states that elements must include the following statement: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.”

Who can sign to certify and submit information for a Tier II form? The owner, operator, or official representative of the agency must certify all Tier II submission information.There are no additional requirements such as education or background for reporting in a Tier II form.

40 CFR 302

Title 40 CFR 302 is Designation, Reportable Quantities, and Notification as required by Section 102(a) of CERCLA. A facility with reportable quantities of hazardous substances that are listed in the CFR Appendix A or B, or in Clean Water Act Section 311(b)(2)(A), qualifies.

The List of Hazardous Substances and Reportable Quantities includes hazardous substances in alphabetical order. In addition, you have a:

  • Statutory code
  • RCRA waste No.
  • Final RQ pounds (kg)

The list also features notification requirements and penalties due to failure to report hazardous substances.

The EPA Reportable Quantity List is another valuable tool for identifying reportable quantity adjustments. This list covers radionuclide RQ levels and Reportable Quantities for CERCLA Section 102(a) Hazardous Substances.

The EPA CERCLA Hazardous Substances List manages hazardous waste handling and disposal. The EPA List of Lists is three separate lists consolidated into one list. However, this is not just three separate lists put into one document. The List of Lists brings together the lists in a cohesive manner.

40 CFR 60

One of the more frequently visited parts of Title 40 CFR is Part 35, which refers to State and Local Assistance. Subparts to this part include grants, revolving funds, and superfunds for covering expenses related to maintaining a safe environment. This includes water infrastructure project credit assistance, environmental program grants for tribes, and other specific areas of funding.

Along with financing projects, businesses need to identify test methods and performance specifications. Part 40 CFR 60 covers Standards of Performance for New Stationary Sources. The industries that these apply to are various; they include municipal waste, electric furnaces, rubber tire manufacturing, and kraft pulp mills.

Part 40 CFR 63 covers another area of standards — the National Emission Standards for Hazardous Air Pollutants for Source Categories. Facility owners need to identify any hazardous air pollutants they may harbor.

Keeping in line with types of hazardous substances is Part 40 CFR 68, which focuses on Chemical Accident Prevention Provisions. Protecting against chemical spills is a requirement by OSHA.

After covering air and oil, we have another vital substance involved in most manufacturing processes — water. Part 40 CFR 110 starts up the Subchapter D for Water Programs and is titled Discharge of Oil. Since oil is not always harmful, the CFR determines when this substance should be reported as a hazardous substance.

Part 40 CFR 300 continues to talk about oil with the National Oil and Hazardous Substances Pollution Contingency Plan. Along with the National Priorities List, this part features The Hazard Ranking System and tests for oil pollution. Response actions and plans are included for what to do if an oil spill occurs.

Part 40 CFR 304 is Arbitration Procedures for Small Superfund Cost Recovery Claims. This section covers legalese associated with recovering financial costs associated with cleaning up oil spills.

Part 40 CFR 311 is titled Worker Protection and has only two sections — 311.1 Scope and application; and 311.2 Definition of employee. Any U.S. business hiring employees is held accountable by these standards.

Part 40 CFR 312 is another area that advocates — this time for the public. This part is titled Innocent Landowners, Standards for Conducting All Appropriate Inquiries.

Part 40 CFR 372 is Toxic Chemical Release Reporting: Community Right-to-Know. This subpart covers releasing toxic chemicals as determined by Title III of the Superfund Amendments and Reauthorization Act of 1986.

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